Management--poor time management. I recently taught a course entitled Business Organizations for a junior college. It was a survey course for potential entrepreneurs. One aspect of the course dealt with management issues and in particular, time management as applied to the proprietor, partner or corporate officer.
The concepts or suggestions were obvious--or at least appeared to be:
1. Always leave at least one-quarter of your time unscheduled.
2. Assign priorities to tasks.
3. Break down big jobs into smaller ones.
4. Learn to say no.
5. When taking on something new, give up something old.
But who among us really follows such an obvious and simple analysis?
Consider the example or suggestion of keeping one quarter of your day free--to deal with problems as they occur. While on the way to Chicago for a meeting of the Law Office Economics Council, I mentioned the idea to a fellow colleague, and his response was much like my initial reaction: "good idea, but I can't do that." He stated he cannot merely mark himself off his calendar for two hours a day in order to have time to deal with daily problems. I know the feeling. I, too, am guilty of that same thinking. But why? We "mark ourselves out" each day for hearings, conferences, depositions--and there is no sense of guilt or remorse. And if our spouse or children get sick or are in an accident, we have no problem of literally dropping whatever we are doing to attend to that which we then deem to be a "necessity." Then why can we not take the same action to benefit our practice and quality of life? Are we playing games with ourselves with the psychological problems of "I have to" or "I cannot" instead of "I choose to" or "I choose not to"?
Personally, I am guilty of the "have to" or "cannot." I am guilty of this thinking in my work and even in my personal life. I surmise we are all guilty of this. Isn't it time to take control of our lives, our work, stop the guilt and start to choose?
Assign priorities to tasks. I assume we all do this, unconsciously, if not consciously. But if we establish a regimen to do this, we might avoid the daily last-minute rush to get a contract out, prepare discovery or file a motion. As part of assigning priorities, give consideration to what can be delegated. If, in fact, the priority is not paramount, is it possible that the task could be assigned to an associate or paralegal? Task assignment lends itself to more productive use of time and talents, which may also mean a better quality of life.
Am I unique? Am I the only attorney that consistently has a file or project that, in and of itself, is not overburdening, though psychologically it is? Do you get mental blocks? If you do, break down the large project into multiple smaller tasks. Though we may be well educated and adults, the concepts of education and psychology still apply. Human beings all need or appreciate a sense of accomplishment. By breaking down large tasks into smaller tasks or more manageable jobs, there can be ongoing "stroking," satisfaction that certain parts of a large project are now completed, and that sense of satisfaction, as perceived, then provides the impetus to complete the other aspects of the project.
Learn to say "no!" This almost sounds like hypocrisy. Attorneys and law office managers now read articles and attend seminars on rainmaking, getting and retaining business, and business development. Then where does the notion of saying "no" come in to play? First, not all business is good business. Given the opportunity to do work for a new client or an existing client, if your office or schedule is already overburdened, are you doing yourself, your office, your old client, or your new client justice in accepting the work? Second, why are you taking on this additional work? Have you really done a cost-benefit analysis to determine if it makes sense to take on this work? Cost-benefit analysis? How many times do we really consciously do this at all? I practice in a small community where we pride ourselves in taking care of the legal needs of those that enter our doors. But, is the pride worth the mental anxiety or physical demands of arriving at the office at 6:00 a.m., or working until 9:30 p.m., or working Saturdays and Sundays to meet the needs of our clientele? A cost-benefit analysis would probably dictate a definitive "no". Therefore, learn to say "no!"
Take one--drop one. The same psychology is present here, also. If your schedule is already full or overburdened, do you ever ask yourself before you accept a new responsibility what you will give up? If you do not, and you are married, or have children, or have any modicum of a personal life, something is going to suffer. In fact, I submit that I would imagine all three will suffer. "What is important"? We all know it, we hear it, but do we believe it? And more importantly, do we apply it in our daily lives? How many times have we heard a dying person, or one in a nursing home, say "I wish I would have spent more time at the office," or " I wish I would have made more money?" In the final analysis, our work product, our bank accounts, and our portfolio become far less significant. Quality of life is a major concern expressed by many in the legal profession to those on the Law Office Management and Economics (Standing Committe on) Council. Quality of life can be enhanced, but it requires learning to say no so we have the time to serve our clients as well as our family and ourselves.
After putting these thoughts together for this article and preparing a 1st draft, I decided to augment my thinking by searching the internet for similar management tools or suggestions. It was interesting to me that in one brief synopsis I found the following simple reminders that we can all employ.
Suggestions from successful managers include:
1. Establish goals and set priorities.
2. Learn to delegate work.
3. Concentrate on the most important activities.
4. Do the most important work at your most alert times.
5. Group activities together.
6. Learn how to handle interruptions.
Sound familiar? Enough said. As a famous shoemaker would say, "Just do it."
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Thomas J. Brannan is a partner in the centennial firm of McClure, Brannan and Hardwick in Beardstown, Illinois.
Legal forms for the consumer--challenge to the lawyer?
By Maximilian M. Prusak
Recently, a client came into my office and told me that he had a health care power of attorney form and a living will form on his computer. He was going to print off a copy of each but decided to ask me my opinion before he did that.
In general, the consumer market is providing increasing amounts of "legal forms" for the use of consumers which attempt to bypass the services of an attorney. I believe that there have been and are court challenges to the producers of these consumer items based upon an assertion that this is the unauthorized practice of law. Those challenges may or may not be successful.
When I spoke with my client, I chose not to berate or challenge this type of software. Instead, I decided to answer his questions directly and explain to him the benefits of both the living will and the health care power of attorney. I explained to him that, in a living will, he directs the medical providers to do certain things provided certain conditions are met. On the other hand, the health care power of attorney allows decisions to be made based upon the judgment of another person chosen by the client. I simply asked him the question: What happens if the living will and the health care power of attorney conflict? He stated that he wished the health care power of attorney to take precedent. We were able to add an additional sentence to both documents that complied with his wishes.
The discussion lead to some further needs that required my services as an attorney. Consumer legal software can give the opportunity of an attorney to educate his client and to review particular needs of the client. I did not criticize the legal software. I merely pointed out that he may have needs that are not addressed in the software.
Many lawyers have the opportunity to speak with individuals and groups about various subjects. When speaking, lawyers could point out the deficiences of the "cookie cutter approach" of consumer legal software. As the man on the radio says, all the children at Lake Wobegone are above average. Likewise, all of our clients seem to be "above average." Most clients prefer customizing documents to fit individual needs. The clients also find reassurance from the attorney that his legal affairs are being handled correctly.
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