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Early case assessment, budgeting make fixed-rate plan a viable solution 

There is a new criticism of the much-maligned hourly rate: it stifles innovation. An essay in The Wall Street Journal stated: “Economists and consultants say that flat fees are more efficient than...

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What is justice worth? 

Three separate yet interwoven developments illustrate a dangerous trend: focus on the cost of legal service at the expense of the value of justice. How does each of them strike you? 1) Two members of...

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The problem with bankruptcy? It isn’t attorneys’ fees 

In recent months, press reports have discussed the Justice Department’s attempt to control fees that bankruptcy lawyers seek. The U.S. Trustee is proposing, according these reports, several new...

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‘Caveat emptor’ is no way to practice law 

In a recent Wall Street Journal column, writers from the Brookings Institute espouse their philosophy for deregulating the legal profession and lowering costs for buyers of legal services: Let anyone...

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Should ‘outsiders’ run law firms? Perhaps 

Little more than three years ago, General Motors, once regarded as the most successful company in America, had to file for bankruptcy and accept a government bailout. For many decades, GM’s management...

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Look at what goes into ‘write stuff’ 

The fundamental legal marketing task for any lawyer is to identify potential clients who need the services you provide, and then to educate them that you exist and can help them. One of the most...

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All technology issues have one thing in common: they can’t be ignored 

Law firms, like the players in any other economic sector, have a life cycle. There are law firm startups, as new lawyers hang out their shingles in a solo or small firm practice. There are law firm...

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Can a lawyer represent both sides? With practice diversification planning, yes 

The question arises whether lawyers can effectively and ethically represent opposite types of clients — for example, insurance carriers and insurance coverage plaintiffs. The ABA’s Rule of Professional...

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Be cognizant of broad, fundamental changes that abound in law practice 

When lawyers enter legal practice, they understand that certain aspects of what they will be doing will change during their careers. There will be new laws and regulations to become familiar with, new...

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What’s your recourse if the client refuses to pay? 

A recent opinion by the New Jersey State Bar’s Advisory Committee on Professional Ethics raises a major alarm bell for any lawyer who has trouble collecting money from a current client. The Committee’s...

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Are you entitled to retire? The answer is in how your practice is valued 

There is perhaps no profession where entitlement is less justified than in the law. Practice needs should always be met first, and personal needs should be the minimum expense necessary to maintain a...

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Don’t stress out about the holidays — use them to take control 

The stresses of what has become “the holiday season” — an all-encompassing period stretching from before Thanksgiving to after New Year’s Day — are well-known. Whether self-induced or not, the...

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Social media use is a marketing investment 

The expanding use of social media — whether it encompasses blogging, a LinkedIn or Facebook page, a Twitter post, or any number of other new iterations — is perhaps the most effective, low-cost...

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Business, ethics issues must be considered when selling a practice 

Interest in the sale of law practices continues strong and unabated. This may reflect continued economic stress, the aging of the profession or simply greater desire to look for greener pastures...

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Should lawyers ever write down an invoice? 

A dilemma that happens with increasing frequency in these tough economic times. Picture this: a client receives the lawyer’s bill, contends that it is too high, and refuses to pay it unless the invoice...

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Suicide shouldn’t be an alternative for your firm 

Bruce MacEwen, whose long-running blog www.adamsmithesq.com is subtitled “an inquiry into the economics of law firms,” recently made provocative comments about where the profession’s economics are...

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These four strategies to raise cash have their goods, bads 

  The financial health of any law firm ultimately depends on cash management. Too many firms operate like small businesses on a cash-in-hand basis, with insufficient reserves to weather a crisis or...

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Electronic media and the duty to preserve 

It might seem that nothing would be more temporary than a quick email, text or Twitter message. Yet these messages are increasingly subject to a duty of preservation, whether that duty is for a lawyer...

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Follow fundamentals of marketing, production, collection to survive 

Upheaval is the “new normal” for law firms of all size, and many observers wonder if the sole and small firm practitioner will survive this kind of current and future turmoil. However, there is...

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Practice group leadership and success comes from keeping a dialogue alive 

As large law firms have developed into “corporate” organizations to better serve corporate clients, the practice group structure has become an accepted organizational model. Such groups also can be...

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