Friday, March 27, 2009

The Importance of Professional Writing and Communication Skills

The environment of a law firm must expect to be well organized and the communication between individuals should be fluent, sending and receiving messages. For current lawyers and lawyers in the making, developing your writing skills is an essential tool when representing your clients, formulating important documents, and communicating between officials, fellow lawyers, and clients. The lawyer position requires the individual to be very informative and insightful to their clients and others who must be involved, including state officials and even other lawyers. With exceptional communication between these individuals, the clients can feel confident in the lawyer representing them. There is almost nothing more frustrating than not being on the same page when trying to progress in your job, or from a client perspective, when your lawyer is trying to try your case.

Many factors influence the success in your law firm, but professional communication and writing skills can only enforce your goal of success and accomplishment. The fluent transaction of important information helps everyone. The communication must have clarity so all parties are on the same page, especially in a field of law.

Should You Set Fees Higher Than You Expect and Then Discount Them as A Way Of Psychologically Preparing The Client to Pay The Bill

The collecting of fees is a very touchy subject in today’s market and economy. Most clients (and attorneys) are feeling the burden of the failing economy and in our experience it has been noted that no matter the situation it has been difficult to psychologically prepare clients to come up with any amount of money for their legal matters I don’t think you should set fees higher than you expect and then discount them as a way of psychologically preparing the client to pay the bill. One of the best ways to get more clientele is to have a price that beats the competitor. If you give a client at an initial consultation a price that is high, it may and will most likely be higher than the competitor. Hearing this, the client will most likely go back to the competitor for the cheaper deal. You want to tell your client a fee that fits their case in general, without low-balling your price. If the case involves a lot of work, then obviously your fees will be higher in which case you have to tell the client anyways. But if it is a regular case, you should not tell them a price that is higher than you know it will end up being, that will make the client question whether or not they want your business, and you can possibly lose a client and a check in the meantime.

I feel the best way to prepare and nurture the client-attorney relationship is to be completely honest and upfront with the fee that you are quoting them. Before quoting them a price, the attorney should do extensive research on the client’s case, and should also consult with competing attorneys to determine an accurate fee for the client.

It is somewhat unethical to set a fee higher than what you expect and then discount the price just to make the client feel better about the money that he/she is spending. The relationship that you are attempting to build with the client is a very delicate relationship and should be basted on complete honesty. Honest begets trust! The outcome of the relationship that you form with each of your clients is the foundation and ultimate success of your business. If a client feels that you are not being honest, their suspicion of the attorney, and your business will rise. You will ultimately hurt your relationship with that client and potentially with other clients. If you can show your client exactly what they are being billed for then in most cases we believe that they are going to pay without any sort of psychological trickery.

Professional Confidence in a Lawyer

A lawyer not only needs to have the ability to obtain a professional writing skills, he or she also needs to have the confidence in communication. Every day a lawyer is faced with communicating with clients, either in their office or in court, and they are also faced with presenting their case to the judge, jury, and witnesses. A professional lawyer that has confidence in themselves with presenting each case to show their client that they are interested and professionally ready to win their case. Not only will confidence show in the lawyer, but it will also make their client feel more confident in the case and in the client themselves.

By being confident it shows how professional a lawyer can be. There are many different controversies with being a cocky lawyer verses a confident lawyer. Many can see the difference between the two when they are presenting a case. A cocky lawyer tends to have too much confidence and shows/thinks that they are the best for the client to win the case. A confident lawyer shows professionalism and political correctness. This is shown by a lawyer who cares about their client as a person who wants to win a case, over a client who to the lawyer is just another case of money.

When looking for a lawyer, one should look for professional confidence in that lawyer. We as clients need to feel that we will win the case; therefore, one should choose wisely when looking for a lawyer.

Thursday, March 26, 2009

The Components of a Case Brief

The significance of court decisions can be shown by writing case briefs which is a summarization of the case and decisions surrounding it. Writing a case brief effectively is important for students and others in order to better read and understand the main points of a case quickly.

The Components of a Case Brief

There are many different ways you can organize a case brief but there are five basic sections usually found in a brief: Case Name, Facts, Issues, Court Holdings, and Reasoning. With other cases, such as appellate court cases, there may be additional sections.

Case Name/Title
The name of a case will show the two parties involved in the case. Usually the first party is the government while the second party is the defendant. However, in an appellate case, the roles are switched and defendant is the first party name shown while government follows.

Facts
This section is the summary of the incident that ultimately brought the case to court. There is usually a lot more information than needed so you should only state the important information needed to understand the case you are briefing.

Legal Issues
Legal Issues are the questions that the court is trying to answer for this particular case. Many court opinions are lengthy not to mention wordy so it would help you and undergraduates to understand the issues better if you were to put it into your own words.

Court Holdings
The court’s decision of the case should be expressed in this section.

Reasoning
In this section, you should explain why the courts reached their decision and what arguments they used to rationalize the holding.

Knowing how to write a case brief will make reviewing a case much easier. With these main components addressed, the reviewer, an attorney or student, will be able to read the main points of the case quickly and easily.

Tuesday, March 24, 2009

Should Lawyers Know Much About Marketing Firm

It is widely understood that lawyers in larger firms will certainly have more resources given that a larger firm will have access to marketing professionals more so than a smaller firm. However, it is very important for each lawyer in any firm be somewhat familiar and involved in the marketing strategy that the firm has in place. Although most attorneys are not adequately educating in marketing a business or business strategies, it is critical for the attorneys to self educate themselves regardless of the resources available to them. It is important to note that marketing is the product of marketing yourself and the services that you will provide to your client.

Hiring a marketing professional could certainly reap rewards given their expertise, but it is critical to have the knowledge of what marketing is and to have some basic knowledge of developing a marketing plan so that if you decide to hire a professional you can relate the exact marketing direction you wish to take. The only way to do this effectively is to have some basic knowledge through self education in basic marketing strategies.

After all, when clients retain an attorney’s service, those clients are hiring the attorney as a trusted advisor. It is therefore required that the attorney be someone who is knowledgeable, trustworthy, and experienced in not only law and it’s application, but familiarity with business practice as well.

Friday, March 20, 2009

Marketing Professionalism as Lawyers

Marketing consists of the strategies and tactics used to identify, create and maintain satisfying relationships with customers that result in value for both the customer and the marketer. Marketing is huge in any kind of business, and as the years are getting more technologically inclined, the strategies and creations need to be just as up to date.

There are many different things that lawyers need to know to have their market succeed. Not only do they need to make it look professional, but colors, themes, and style is a big factor. The most important part of the market that will make it succeed to the fullest is the way it comes across. The proper and professional writing strategies one must have.

By being successful in writing as a lawyer, lawyers need to know the basics and more of professional writing. Lawyers need to know the ethics of legal writing. There are classes that one needs to take to upon graduation, but there are also many books available to always at hand. The books explain ethics into legal writing, as well as all of the basics. This all is needed to show the professionalism in their marketing. If professionalism is not shown in the marketing, than who would want to have that lawyer representing them?

It is very important as a lawyer to know all of the powerful, professional ways to do things in the market and as a representation. The best one for to put a lawyers marketing in public would be a secretary or even an intern. This will help out the lawyers because than they can concentrate on their professional daily duties. Organization will be a big help to your business.

With all of this knowledge, the marketing and professionalism should be easier. Remember that as a lawyer you want to be as professional and correct on what you are trying to accomplish. So hire someone with the qualities that would want to professionally market all of the information about your company.

Why Writing Is Important and Helpful Tools

Writing is an important part of Lawyer’s profession and it surrounds every case whether you are writing a case brief, a letter to client, or a settlement proposal. In today’s legal profession, it is a lot more than arguing a case in court, now you have to make sure that you can apply and analyze law in a coherent manner. It is crucial for lawyers, new and old, to show that they know more than just the ins and outs of the law.

A study conducted by the American Bar Foundation asked 1200 lawyers to rate skills at which oral and written communication topped the list. If you are a lawyer starting out, there are some things you may want to know before or after graduating.

Employer Testing
Writing effectively is a must and something you will be tested on time and time again. According to the Michigan Bar Journal, employers may start testing prospective employees to test a lawyer’s ability to analyze and apply the law in a clear and logical manner. An example of a performance test would be the Multistate Performance test (MPT). Employers may not test as extensively as the MPT however, they are still looking for the same skills and may even give something in a similar format.

With the Multistate Performance Test, developed by the National Conference of Bar Examiners, test takers will get a case with all the relevant information needed and given 90 minutes to write. Examples of the types of writing can include a letter to clients, settlement proposals, persuasive memorandum, or briefs etc. Along with testing for skills such as problem solving, legal reasoning and analysis, and factual analysis, test takers must effectively evaluate viewpoint of recipients of communication, and organize and express ideas with logic and clarity.

Helpful Tools
Some basic tools that may help with clarity and organizing your ideas are the same helpful hints that you learn in your writing classes. A few techniques you can incorporate in legal writing are establishing your audience, using informative headings, and organizing your ideas to make the best use of your reader’s time.

Whom you are writing for is perhaps one of the most important things you should figure out before you begin to write. Lawyers write many documents such as case briefs, letters to clients and memorandums. After you figure out who it is you are writing to, you should determine what they need to know and how you can fill in the gaps for them. You certainly wouldn’t write a letter to a client in the same way as you would to another lawyer.

Organizing information is just as important as the information you are writing about. When dealing with many cases, lawyers want to be able to easily read relevant information of that case. Whether you are a lawyer writing a brief for a case or just writing a letter to a client, you should give the bottom line first. Begin with “What” and explain with “Why,” this allows the reader to understand the essentials of what the document is saying.

Informative headings can also be used for case briefings. It allows the reader to navigate the document so other Lawyers can quickly find out the legal issues and the ruling on the case. Headings should be specific and concrete so it helps the reader figure out what comes next.

With these few tools accomplished, writing should be easier. Just remember to establish who your audience is and what they need from you. Organize information in a way that will be easy for your audience to read and that would save them time. Informative headings can also be helpful with making your ideas clear and to the point. Writing is an important part in a Legal profession and you should be able to effectively communicate and organize ideas with clarity.

Observing Qualifications When Employing Lawyers

When trying to fill positions for a Law Firm, reviewing potential employee qualifications is important. Showing professionalism within your Law office is key when looking for clients to represent. Before hiring for positions in the firm, a thorough analysis of qualifications of the individuals applying for your office will help thread out professionals you may seek.

Generally, qualifications may vary slightly depending on regions, but a common list of requirements are understandable:
  • High school diploma
  • Four year course of study within university
  • Entrance exam for Law at university
  • 2 year period of being "Law Clerk"
When you are called to "the Bar", all of these qualifications have been met and you are able to practice law within your field.

Of course to have a competitive advantage in your Law firm, a further analysis of the potential employees is suggested. Showing professionalism and the ability to represent your clients is important in the success of your practice. Going beyond the bare minimum when hiring future lawyers will help you find the best employees for the position and ultimately help you accomplish your goals and be successful.

Thursday, March 19, 2009

Hello everyone

Hey guys. Sorry I am new to this whole blog deal so just making sure it is working.

Peace,

Jon

Wednesday, March 18, 2009

Testing--

Just testing this post.

Hi everyone!

Kristin