Law Practice Quarterly - March 2023

INSIDE

Avoiding the Books

Part 2: Hiring Best Practices Series

Using Process Maps

Avoiding the Books

There is nothing in your business that can’t be measured using numbers. Set a solid foundation on which to build your financial house and expand how you’ve been doing your books all along.

BY CHELSEA WILLIAMS

PG 6

Law Firm Mergers and Acquisitions, Best Practices for Ensuring Success

To ensure a successful merger or acquisition, it is crucial to follow best practices to minimize risks and maximize benefits.

BY MARGARET BURKE

Part 2: Hiring Best Practices Series Job Description for Hiring

Legal hiring series: often, little attention is paid to creating job descriptions, but it’s important to make job descriptions a priority and spend some time carefully crafting them in three simple steps.

BY DIANE L. CAMACHO

PG 10 OK, Boomer

Baby Boomers aren’t the only ones looking for exit strategies. Gen Xers are also ready to move on to life’s next chapter.

BY ALEX MUÑOZ

PG 8

PG 12

Efficiently Managing Your Schedule Using Technology

It is imperative that you seek out every productivity advantage that you can find in order to make the most out of the time and energy that you do have available.

BY JAY MCALLISTER

PG 14

Using Process Maps to Fix Your Law Firm

There is room for improvement in even the best law firm out there. Find the holes and inefficiencies by creating a process map.

BY JEN LEE PG 18

IOLTA Compliance

Don’t fail to adhere to IOLTA account compliance & ensure funds held in trust on behalf of clients are managed properly.

BY JAYDEN DOYE

Meet and Connect

PG 20 Decisions, Decisions: How to avoid analysis paralysis

in your law firm in 2023

Use a decision making framework to reveal the answer you’ve been looking for.

BY NERMIN JASANI

PG 26

The Cross-Generational Challenge: How Teams Can Unlock Their Hidden Potential in a Five Generation Workplace

A “Cross-Generational Conflict Resolution Framework” will help cross-generational teams unlock their full potential.

BY AMY M. GARDNER AND KEITH R. SBIRAL

PAGE

Learn about the contributers to this issue and connect to take your business to the next level.

AVOIDING THE

AVOIDING THE BOOKS

When I ask lawyers why they decided to jump off the entrepreneur cliff and open their own practice, I get a few different answers. All of those answers revolve around time and money.

More time with family and do the things they love doing. Which requires a certain amount of money. It would make sense that they monitor these two things, time and money, like a hawk to make sure you’re getting what you originally set out to get from all this, right? Nope, in fact many practice owners run from basic accounting requirements (if this is you, for the love of law please keep reading). So why are you running from the thing you set out to gain?

If you’re person that only looks at financials but doesn’t use them to make business decisions, passes this type of stuff off and never wants to see it, or if you avoid doing it all together, you’re certainly not alone. You just don’t speak the language of numbers.

Warren Buffet said “Accounting is the language of business”. Some of you just need to learn a few key terms and concepts.

There is nothing in your business that can’t be measured using numbers. Seriously, what does your firm do that cannot be tied back to your finances? Whatever your doing, money is a part of the plan. So getting a grip on it seems like a good idea.

Before you can create the financial picture of where your legal practice stands, you must set a solid foundation on which to build your financial house.

Garbage in = garbage out

If you’ve never heard this saying before, please remember me as the one who introduced this to you because then I will feel special. If your accounting records are incomplete or behind, Houston we’ve got garbage going in and therefore garbage coming out. If you’re not sure about the quality of data that you’re feeding your

books PLEASE, for the love of law, ask an accountant to review your bookkeeping processes.

Your Law Practice Management Software (LPMS) should match your books should match your bank account and what auditors look at.

As accountants, it’s our goal to keep you in compliance so that, if you are ever audited, you don’t end up with a terrifying bill. Let me tell you one of the easiest ways for an auditor to find discrepancies in the books. Let’s say you use LPMS and an accounting software. and auditor is going to ask you for revenue reports from LPMS for the entire audit period in question. Then they’re going to compare those side-by-side to not only your accounting software but to your bank statements and the tax return for that period. Here’s what they usually find:

Revenue

LPMS says: $750,000

Accounting Records say: $725,000

Bank Statement says: $723,000

Tax Return claimed: $725,000

Guess what the auditor is going to do? They’re going to take the highest revenue reported (LPMS coming in at $750,000) compared to what you reported on your tax return ($725,000) and cut you up for the difference. Now you’re the one who’s guilty until proven innocent. That’s $25,000 that you’re going to owe additional taxes on, and you can bet your tail

that there’s going to be penalties and fees to boot. Now, hopefully you don’t roll over so easy and do a little digging to find an honest mistake. Maybe you had a case that settled, and you were supposed to get $25,000 but everything fell through, and you just forgot to let LPMS know that. See how your software’s communicating is so important?

Your COA should be in line with your practice area(s) and tell a story

Yay, this is my favorite! Yes people I’m a nerd, I’m well aware and I own my nerdiness. I’m going to make this short and sweet. If your books look like this:

You’re going to want to work on getting them to look like this:

Now while these examples are super generic and made up, they prove a point. What point is that? In example #1, the only thing I can tell you about your legal business is that you’re profitable, but we have no idea why that is. In example number 2 I can tell you that your most profitable service is by far, uncontested divorce cases with a 93% gross profit margin before overhead expenses. I can also tell you that your least profitable service is no fault divorce cases coming in with a 59% gross profit margin before overhead. Based on this, you’ll want to look for areas to either cut down time involved, automate processes, increase your fees, or a combination of the three.

Your chart of accounts is how you describe your revenue and expenses and the organization of the financials.

You can’t measure what you can’t see, and financial clarity can be one of the sharpest tools in your entrepreneurial box.

Chelsea Williams, Core Solutions Group, Inc.

LAW FIRM M&A’S Best Practices for Ensuring Success

Mergers and acquisitions (M&As) are a common occurrence in the legal industry, and they can be a great way to expand your law firm’s services, increase market share, and boost profitability. However, M&As are complex and can involve a number of challenges, including integration of systems and processes, cultural differences, and employee resistance. To ensure a successful merger or acquisition, it is crucial to follow best practices to minimize risks and maximize benefits.

1Conduct thorough due diligence

Due diligence is the process of thoroughly researching and evaluating a potential opportunity before finalizing the acquisition. It is crucial to conduct thorough due diligence in a law firm M&A to avoid potential issues down the line. This includes reviewing the target’s financial and operational records, legal liabilities, team, potential conflicts, and client base.

Thankfully, there are professionals available that specialize in identifying opportunities and conducting the initial due diligence on your behalf.

2

Define the objectives and goals of the merger or acquisition

Before finalizing the M&A, it is important to define the objectives and goals of the merger or acquisition. This will help you determine the type of M&A that is best suited to meet your goals and ensure that you have a clear understanding of what you want to achieve.

continues to provide high-quality services to clients.

Communication is worth mentioning again along with acknowledging the additional work a merger presents, can be the difference between disgruntled and enthusiasm.

Address cultural differences

Defining objectives early on, during, and after a merger serves as a reminder when the inevitable challenges and conflicts occur. Remembering the “why” is helpful in getting past obstacles and ensuing success.

Cultural differences often arise during a law firm M&A, especially if the firms have different working styles and practices. It is important to address these differences to ensure a smooth integration and avoid potential conflicts.

Establish a transition plan

Once the M&A is finalized, it is important to establish a transition plan to ensure a smooth integration of the two firms. This includes identifying key areas where the firms need to integrate, such as IT systems, processes, and employees.

Monitor performance

3 4

Develop a “punch-list”

and

team meeting cadence to manage the myriad of details inherent when two law firms combine.

Communicate with employees

Communication is key during a law firm M&A. Employees may be apprehensive about the changes that are taking place and it is important to keep them informed about the M&A process, the reasons for it, and how it will impact their jobs.

I’ve found this is an area that is often overlooked or not recognized as a priority. Continuous communication promotes buyin on both sides and helps to create a unified firm.

Retain key employees

6 7 8 5

Retaining key employees is crucial during a law firm M&A. This can help ensure that the combined firm maintains its competitive advantage and

After the M&A is complete, it is important to monitor performance to ensure that the goals and objectives of the merger or acquisition are being met. This can involve tracking key metrics, such as client satisfaction, employee morale, and financial performance.

Review and revise the M&A strategy

Finally, it is important to review and revise the M&A strategy. This can involve reassessing the benefits and drawbacks of the M&A, and making any necessary changes to ensure a successful outcome.

In conclusion, M&As can be a great way to expand your law firm’s services, increase market share, and boost profitability. However, they are complex and require careful planning and execution to ensure a successful outcome. By following these best practices, you can minimize risks and maximize benefits, and ensure a smooth integration of the two firms.

Margaret Burke, MB Law Firm Consulting

HIRING SERIES

STEP 2: Job Description for Hiring

Create a Job Description

Once you have the list of tasks and the skill level that is needed for the position, it’s time to create the job description.

Often, little attention is paid to creating job descriptions, but it’s important to make job descriptions a priority and spend some time carefully crafting them.

Benefits of a Job Description

Proper job descriptions can help your firm in several ways:

• They keep you focused. Having a job description helps you stay focused when you’re looking for an employee, making it more systematic and formulaic. You don’t have to recreate the job every time you have an opening.

• They keep you in line with the legalities. Job descriptions help provide background. If you are ever looking at a complaint for discrimination, not

accommodating a disability, or not paying overtime, those complaints may get quashed if you have good job descriptions, you hire based on them, and you manage to them.

• They’re a performance tool.

When you have a straight list of tasks defined in the job description, it makes it easier to conduct realistic performance reviews.

• They help morale. Employees do not like to feel that there are special arrangements for other employees.

If you hire and manage according to job descriptions, your staff will know that they’re being treated fairly, which helps to build morale on your team.

If you’ve followed the process outlined in Step 1, your job description is crafted. It just needs to be formalized.

A job description has three parts:

1. Summary

2. Responsibilities

3. Requirements

Part 1 summary:

The summary is the position title, the status, who that person is reporting to, where that physical location is, and a short description.

In the example used in the previous step, the job description would be:

Administrative clerk

• Full-time/Non-exempt position

• Reporting to office manager

• San Francisco, California

• Clerk supporting lawyers, staff, and the office manager in general

• administrative duties.

With the change in some states of prohibiting companies from asking about prior salary history and the requirement in some states to list salary ranges in job postings, it is important to have a salary range developed for your firm.

Part 2 responsibilities:

Here you go back to your task list and change them into identifiable and general responsibilities. List these tasks with the most difficult at the top and add in duties you know will be required for specific positions.

For example, anyone on the administrative team will have tasks involving data entry, whether they’re typing envelopes, entering time, or creating a holiday card list. And it always seems to fall on administrative staff to move supplies to the supply room and open the copier paper box, so add those tasks to administrative staff descriptions.

• Coordinate Meetings

• Distribute Information

• Manage Office Machine Repair and Maintenance

• Internet Research

• Completing Online Forms

• Typing

• Answering Phones

Part 3 requirements: What skills are needed for this person’s success? Really think about this. Does the position really require a college degree? Is experience in a law firm truly needed? Often, attorneys and other staff believe that people should not work in a law firm without a college degree or law firm experience, but when you’re hiring, really pay attention to what is required for this person to be successful and what you are willing to train. Go back to the skills and abilities.

For the administrative clerk position, for example, you may look for these requirements:

• High school diploma or GED

• Good communication skills

• Learns software quickly

• Dependable

• Can take direction from many people

• Customer service experience (Even if the experience is from working at a coffee shop, you want someone who has an understanding of who the client is and of how to serve that client. Your attorneys and firm clients are your admin staff’s clients.)

• Can lift up to 50 pounds

• Types by touch

Step 3: The Hiring Process

Look for the following steps in our next quarterly magazine.

Diane L. Camacho, DLC Consulting Services, LLC

Okay, Boomer

I get you’re on the way out: what about Gen Xers?

Acopious of attention has been, and continues to be, paid to the Baby Boomer generation. These folks (1946 – 1964) have been marching off into retirement for quite some time now and represent a sea change in the market place. The youngest part of their cohort is now pushing 60.

Which brings me to Gen Xers. These folks (1965 – 1980) are in their income earning sweet spot and have the reputation of being hard workers with little room for idealism. Individualism, ambition, and an addiction to work — or being a workaholic — are the values with which they grew up. The flip side of this coin, however, is that this generation has also positioned themselves best to be able to make an exit either into retirement

or, more likely, their next life chapter.

In our work with our clients, we are increasingly finding individuals in their late 40’s to late 50’s seeking to explore themes like succession planning, sale of their firms, and/or modifying their practices to accommodate a different way of working (either partial or full virtual work, being digital nomads, sharing equity as a way of load leveling the ownership burden, and/or outright sale). These folks are applying the same vigor they deployed in building their businesses to research and implement their next life chapter.

Beyond periodically hearing about the music and fashion trends they loved (I know, I know: popped collars (though these were recently highlighted in the Wall Street

Journal), parachute pants, Madonna, and Depeche Mode) Gen Xers are the generation of workers that are most likely to put together a plan, implement it, and leave a gaping hole in the market place. Here is how we are working with our Gen X clients and how you can be most helpful to them:

• Culture: a lot of us (okay, I admit it, I am one of them) really went through the crucible of working long hours and enduring corporate hazing. We were in an office environment where people were still smoking inside (cough cough), where you left after your boss left at the end of the day, and being salaried was the equivalent of indentured servitude. We learned from this experience how critical

a great work ethic AND a positive work environment was and typically pay attention to this aspect of our businesses to be balanced.

• Breadcrumbs: like Hansel and Gretel, our clients (myself included) gravitate to a step by step plan (we were big believers of MBOs). Understanding what the goal is, how to get there, and understanding your progress along the way is part of our love language. Check OKRs (objectives and key results) for the new and better version of MBOs.

• Personal stuff: go ahead, ask. We are the first generation that really has ended up taking care of our parents as well as boomerang kids. When we have our strategic planning sessions with our clients, we ALWAYS ask about parents, siblings, kids, special needs kids, who takes care of Dad if he slips and falls on the icy sidewalk in Buffalo during winter, etc. We have learned that you ignore the personal to the detriment of the business.

Read the room and reach out to this neglected section of the market. They need it and will be grateful for the attention!

Alex Muñoz, Consulting, Solutions & Results.

Gen Xers are the generation of workers that are most likely to put together a plan, implement it, and leave a gaping hole in the market place.

Efficiently Managing Your Schedule Using Technology

As a successful practitioner operating a law practice, your day undoubtebly consists of completing activities to move your cases along, spending time expanding your network and fostering new business opportunities, and providing effective counsel to your clients as well as many other discrete tasks that need to be completed in order to satisfy the demands of your profession. Not to mention, you have a social life outside of the work that you do. Here’s the catch, you only get 24 hours to get all of this done. And knowing that you will spend between 5 to 8 hours sleeping is problematic. That leaves you with a grand total of 16-19 hours to complete all of your legal work, meet with clients, appear in court and spend time with your family. Through my career, working with lawyers across the US for the last ten years, I have derived one universal truth by studying the topperforming lawyers and their habits. The key to their success is that they have all found ways to maximize the value they add to their firm while minimizing their time spent on

non-billable activities.

An obvious but often forgotten truth is that, a law firm just like any other business type, is a for-profit entity. This means, as a lawyer, it is imperative that you seek out every productivity advantage available in order to make the most out of the limited time and energy that you do have available. In the last installment, I discussed how effectively leveraging automations across your law firm’s software stack will maximize your output and create new revenue generation opportunities for you. This time around, we’ll discuss the paradox of managing your schedule. An activity that in theory should unlock momentous productivity increases for lawyers, but oftentimes creates a huge administrative burden and severely limits your productivity when managed manually.

In 2020, Paragon Tech conducted a study where 100 lawyers across the U.S. were asked to track the average amount of time required to schedule a meeting between three separate parties. This simple, fairly routine task in a law firm setting, took each attorney

an average of one hour to book the meeting. This is composed of the time it takes evaluate one’s calendar and to correspond via email to book a meeting time. By leveraging smart technology platforms, like a calendar scheduling tool you can expect the time spent on a simple task like scheduling a meeting to be reduced to under 5 minutes. You will eliminate the time wasted managing your schedule manually and simultaneously improve the experience of those you schedule meetings with.

If you already manage your own schedule, implementing my method for managing your schedule will be an effortless transition. If you have someone at your law firm like a paralegal or an administrative assistant managing your schedule on your behalf, you will simply need to make a few tweaks in order to effectively allow another party to manage your schedule using these technology tools.

Selecting the right tool for your firm is straightforward as long as you make the proper considerations. There are 4 things that you will need to consider to make the selection.

1. Do you have the need to schedule meetings between multiple participants who are both outside of your firm? If you do, then I would almost always recommend choosing a platform like FreeBusy, which is known for its intuitive, yet robust multi-participant calendar polling features.

2. Are the individuals you typically schedule meetings with tech savvy? If the individuals you typically schedule meetings with are relatively unfamiliar with technology and need an extremely easy platform, a tool like calendly will be your best bet. I possesses one of the most intutive interfaces that is both easy to use, but also visually simple to comprehend.

3. Do you frequently work betweenacross time zones and have the need to schedule meetings with individuals in those time zones? Acuity

and Calendly both boast extremely robust automatic time zone conversion features that make it incredibly simple to operate across time zones and schedule meetings efficiently without the need to keep track of multiple time zones.

4. Do you have a CRM/legal practice management system, and if so does it allow Integrations between third-party platforms? If you do, Microsoft Bookings or FreeBusy support the most integrations, allowing you to receive follow up reminders and alerts in your CRM platform. If you do not currently use a CRM, HubSpot is a great option for calendar scheduling. The additional benefit is that you will be able to use its robust CRM to act as a lead generation pipeline for your firm at no additional cost.

While I recommend that you manage your own schedule to maximize your productivity, all of these tools listed above can be leveraged by an assistant to manage your schedule on your behalf. Note, you should expect a 25% decrease in productivity gains if someone else is managing your schedule for you due to the additional back and forth that needs to happen between you and that individual to book each meeting.

Operating a modern-era law firm requires that you as a lawyer be extremely focused on decreasing your time spent on nonbillable activities in favor of increasing your ability to perform billable work. A surefire way to accomplish this is by leveraging the benefits of technology to streamline your calendar management process. I encourage you to give one or two of these tools a try by signing up for a free trial and testing out its functionality. By leveraging a calendar scheduling tool, you will reclaim your time and allow yourself the privilege to do more fulfilling work and better serve your client.

Jay McAllister, Paragon Tech

Using Process Maps to Fix Your Law Firm

Sounds a bit presumptuous to say you need to fix your firm, but chances are, there is room for improvement in even the best law firm out there. Let’s look at process maps to get a better idea of what to fix and how to fix it.

What are process maps?

At a basic level, a process map is every step that is taken in a particular process from start to finish. A process map can be for a new client workflow, an internal process for trust accounting, client communication process, discovery, or anything else that your firm does on a regular basis. The beauty of a process map is that it provides documentation for a system within your firm.

A process map provides an overview of an entire process at a single glance. Then, the documentation that goes with the process map ideally includes a screenshot, graphic, and/or explanation for each step. Here is an example of the start of a process map:

In this process map, the numbered steps are linked to a documentation slide with the screenshot and explanation for that step in the process.

How is creating a process map going to fix my firm?

Chances are, you have holes in various processes in your firm. That statement is not intended as a slam against you and your firm, but lawyers are really busy and we often do not think we have time to document processes. Many times, we are not taught a lot on the business side of practicing law and just jump in, creating patchwork processes and systems as we go. Then, a couple of years into practice, we are frustrated with the chaos and overwhelmed at the idea of trying to fix these patchwork systems.

Creating a process map forces you to really look at every single step in your organization. There is no hiding a hole or a missed step when you must look at every single step. A process map can either help with documenting a current workflow or help design an optimal workflow.

How do I get started with process mapping in my firm?

There are at least two ways to get started. First, there is the DIY where you personally are going to sit down and map out your process. Basic steps for DIY process mapping include:

• Block off uninterrupted time on your calendar. No emails, no phone calls, no instant messages, no texts. You get the picture.

• Pick one process to map. It can be a big process or a small process, but it has to have a start and end point.

• Literally go through the process step-bystep. No step is too small for this part of creating a process map.

• As you go through each step, you should have a new page or slide for each step so you can take a screen shot, attach a template, write out the procedure, or make a note that a template may be useful for this step.

• Once you get all the steps documented, you can create the big picture process map of the entire process.

• A test for a DIY process map (or any process map really) is to have a third party try to complete the process using only your process map.

The second way to get started it to use a consultant. A process mapping consultant saves you time and reduces the overwhelm of trying to do this yourself. An outside consultant provides several benefits:

• When you have to explain the process to someone else who is documenting the steps for you, it is much harder to miss a step or gloss over something that you think is common sense. The consultant will ask question after question to make sure she understands what the actual process is and not what you think the process is.

• The consultant can also interview your employees as part of the process documentation. This can be very valuable for you to see what is going on and also saves you time while the consultant puts together the process map.

• The cost associated with a consultant is offset by the many hours that you will not be working on documenting the process yourself.

• A consultant’s final work product will include hundreds of pages of documentation that is linked to each

step and far more powerful than a DIY attempt because that is their area of expertise.

Process maps are extremely powerful tools, both in the creation of the process map and in the final product. You can redesign processes, identify automation and efficiencies, and have a training manual for all employees to follow. Not having systems documented is costing your firm money in lost time, missed opportunities, and inefficiencies. Using process maps to fix your firm is an excellent way to improve your bottom line and your customer service.

Jen Lee, Lawyer Success Network®

Process maps are extremely powerful tools, both in the creation of the process map and in the final product.

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IOLTA COMPLIANCE

IOLTA compliance is essential for lawyers and law firms to ensure funds held in trust on behalf of clients are managed properly. Failure to adhere to the rules of professional conduct as well as implement best practices can lead to significant legal action, so it’s important that lawyers take IOLTA account compliance seriously and follow all relevant rules and regulations. Here are some of the best tips for proper IOLTA account compliance:

1. Keep accurate records: Accurate records are essential for IOLTA compliance. Make sure you keep detailed records on all transactions related to any client deposit or payment; this includes recording

the date, amount received, type of payment, client name, description of services provided and method of payment. Be sure to properly document every financial transaction related to a client’s money as well.

2. Reconcile bank statements: Regularly reconcile your trust account bank statements with your receivable invoices, especially if there is any activity involving client funds. It’s also important to check for errors and omissions in accounting entries which may lead to discrepancies in the amounts billed or collected from clients.

3. Monitor suspicious activity: Keep an eye out for any suspicious activity

involving client funds; this could include transactions that appear to be intended for personal gain rather than for the interests of the clients themselves. If something doesn’t seem right, report it immediately so that appropriate corrective action can be taken quickly and appropriately.

4. Create internal controls: Create internal controls over how monies are deposited and withdrawn from the attorney’s trust account so that only authorized personnel have access to these resources and there is accountability throughout the process. Make sure policies are written clearly and updated regularly so everyone involved understands their respective roles in managing trust accounts correctly.

5. Segregate funds appropriately: Make sure you have separate trust accounts - one for each active matter at any given time - in order to ensure that all

legal action ever become necessary or other scenarios arise requiring investigation into an individual account balance/activity history..

6. Promptly return unused balances: Once a case has been completed or terminated, make sure all remaining funds in the attorney’s trust account are promptly returned to the respective rightful parties or owners – usually within 30 days after notice of termination or completion of a legal matter has been provided by either party involved.. And do not forget about unclaimed funds which must be turned over according to state deadlines!

7. Investigate errors quickly: If errors occur in accounting or bookkeeping associated with an attorney’s trust accounts, make sure prompt corrective action is taken and fully documented as soon as possible after discovery so mistakes don’t happen again down-theline due to miscommunication between team members.. Take whatever steps necessary (including hiring external consultants if needed) in order ensure timely resolution of discrepancies involving reports tracking revenue earned/cash-flow generated through services rendered by attorneys managed under those same accounts being audited/reviewed currently..

Overall, it’s clear why IOLTA compliance is so important - it’s essential that lawyers follow rules and regulations when handling funds held in trust on behalf of their clients, both through adhering strictly with the rules of professional conduct as well as implementing best practices such as those mentioned above!

monies belonging to a particular client go into its own designated account where they can be easily tracked if necessary later on down the line should

Jayden Doye, Prestige Accounting Solutions

Make sure policies are written clearly and updated regularly so everyone involved understands their respective roles in managing trust accounts correctly.

Ihave been a consultant since 2017, working with lawyers and law firm owners. The wild thing about working with lawyers, no matter how much money they make or how long they’ve been in practice, is this: there’s always intense anxiety and discomfort with making decisions:

1. Do we invest in SEO?

2. Do we need a new logo?

3. Should we change the bonus structure?

4. Are we going to promote new partners this year?

The list goes on.

Maybe you delay deciding, sit on the fence, and don’t decide. And then, the opportunity disappears, OR your hand is forced, and someone or something else makes this

decision for you.

Scientists say we make around 35,000 decisions each day. And yet, we never learned how to make decisions.

There wasn’t a class called: Decision Making 101

In college, there was Economics, Calculus, 20th Century Authors, and Biology 101, but no Decision Making.

Then in law school there was: Civil Procedure, Criminal Law, and Constitutional Law. But no: Decision Making for Lawyers.

As lawyers and law firm owners in 2023, you need a framework to help you make decisions regarding your law firm.

How do you make decisions? And taking it one step further, how do you make GOOD decisions? And at the apex, how do you establish a framework to help you make your future decisions?

Every top executive, whether it’s Bezos or Cook, has created a decision-making framework that works for them through coaching and, of course, expensive wrong decisions.

If you were to search on Google “decisionmaking framework” or “how to make decisions,” you would be bombarded with a series of diagrams, graphs, and jargon-y words. You now have to decide what to click on and spend your time reading. So I understand why it’s easy to say: “forget it” and not make a decision.

That’s why I created the decision-making framework below. Make the decision. Move on with life.

The mental brain energy that not making a decision carries is exhausting. I speak from

personal experience and my experience as a business consultant and lawyer.

People don’t make decisions. It’s hard. It’s scary. It’s uncomfortable. Until now.

Give me a few minutes of your time, and I’ll get you to this goal to the right:

Before we get to the framework you will use before you make a decision, it’s important to know two things:

1. Not all decisions you make are lifechanging for your law firm, and some are unimportant. This means that not all decisions are equal. For example, where to hold your annual holiday party is not an important decision. You don’t need to go through a decision matrix or even make this decision yourself, it’s something you can assign to someone else.

2. Not all decisions are permanent, meaning that almost every decision is reversible (even when a contract is involved!) Before you stop reading this and dismiss me together, remember: you can decide to get married and get divorced, start a business and dissolve a business, or rent office space and then sublease it out to another tenant. Decisions are reversible.

Below are the questions that form a decision tree around decision-making. You can use this to help you make personal decisions in your life and to make professional decisions. I’ll take you through a few examples once we go through this as an abstract idea.

Question 1: Is this an important decision?

- Simple enough, but can be complicated.

Question 2: Am I the only one who can make this decision? Or can someone else?

- This is an underlying assumption we want to tackle early on. Because if someone else can decide this, or if someone else should decide, then let’s step back and let them. Save your brain energy for the things only you can decide.

Question 3: Do I need to make this decision now? If not, when do I need to make this decision?

- Here’s another assumption when making decisions. We exhaust ourselves by thinking we need to make a decision right now, but it’s not a decision that needs to be made for some time or without A and B happening first. Let’s wait until then; cross that bridge when you get there.

Question 4: Do I have the funds right now for this decision?

- It’s essential to ask this question early on. We as humans, want to make decisions without having all of the financial funds in place. Investing in a coach by taking out a loan? Hiring an employee without having 3 months’ salary saved up before hiring? These decisions can impact you and your business.

Question 5: Is this decision easily reversible? If not, can I make it reversible?

- Expand your mind here. If you’re at the grocery store or bodega, it’s easy to grab an orange and swap it for an apple. Whatever you decide isn’t forever and can be reversed. This will make more sense with the illustrated examples.

Question 6: Do I have at least 70% of the information I need to decide now?

- You may never have 100% of the information you need to decide. Sometimes it’s enough to decide based on having most of the information you need. Waiting on 100% information is almost like deciding with 100% certainty. Waiting for 100% information is really delaying the decision or causing analysis paralysis.

Question 7: One year from now, will I regret not making this decision?

- We often try to make decisions to see how they will affect us now. The impact of our decisions is long-lasting, especially when you have come this far down the decision tree. We must ask our future self: will I regret making this decision? And regret oftentimes can help with making the right decision.

Question 8: Does this decision fit with our other goals?

- Decisions don’t live in a vacuum. They effect other things in our lives and it’s important to make sure that it fits in with the other goals.

Question 9: What would I say to someone else in my position?

- We love dishing out advice, and this question asks you to do that. What would you tell someone else to do if they were in a similar position? Take your own advice.

Question 10: If I make this decision, what am I optimizing? Time or money?

- When we make the right decisions, they optimize time or money. The wrong decision will optimize neither, or it will do so at a significant cost to you.

Question 11: Is this energy-creating or energy-draining?

- This is one of the questions we ask to make the right decision. It’s one of the questions that only you can answer based on your preference and what you know about yourself. Is this going to give you energy or take energy away? Remember: energy is more limited than the number of hours a day.

Question 12: Do I want to be someone who does this (decision)?

- We’re starting to focus here on your values: are you someone who wants to do this thing? Is this in line with who you are as an individual?

Question 13: Am I making this decision because of perception?

- From my experience, this helps many people get to the heart of their true motivation. Often, we’re doing things because of how we want to be seen and not necessarily what’s right for us at our core. This question keeps you honest and authentic.

Question 14: Worst case: what is the greatest financial loss or time loss?

- Now, we can evaluate the worstcase scenario at the bottom of the decision tree. Often, we go through this entire analysis by thinking about the worst-case scenario FIRST. But, we jump past whether this is the right decision for us. By coming to this last, we can start to get an idea of whether the potential loss is worth the risk of making the decision.

What are the alternative choices?

1.

2.

The next time you are making a decision, give this framework a go. To get your digital copy, you can find it in full here: www.ws-lawyers. com/decisions

Often, we’re doing things because of how we want to be seen and not necessarily what’s right for us at our core.

Nermin Jasani, We Are Wildly Successful

THE CROSSGENERATIONAL CHALLENGE:

How Teams Can Unlock Their Hidden Potential in a Five Generation Workplace

“ If they want their job, they better get themselves back in the office. The office is where work gets done and if they aren’t here, they aren’t getting work done.”

These were the first words from an octogenarian senior law firm partner in response to our recent question, “How do you feel your firm will respond to the desire for a hybrid work model?” Ironically, the conversation eventually moved to the current difficulty in hiring.

The flip side of this discussion comes from a junior associate in a mid-size law firm who said in response to the same question, “I don’t see any world in which I’ll go back to working full time in an office. There are just too many options out there.”

This is the story of two different generations shaped by two very different sets of professional experiences.

The current discussion happening in law firms regarding how many days per week should be required and expected (usually two different things) and how to satisfy vastly diverse interests and needs is only one example of the competing interests and potential conflict that working in a cross-generational environment can create. In fact, crossgenerational teams can bring very diverse opinions in a team, particularly regarding workflow methodology, solutions toproblems, and implementation of those solutions.

For the first time, today’s workforce is made up of members of five different generations. Emma Waldman explains in Harvard Business Review, “If one

or both generational teams see things considerably differently it is unlikely that the team will be working at a level of their fullest potential.”[1] The challenge, therefore, is to create a framework where cross-generational teams are able to resolve conflict in a productive way to create an atmosphere of trust. When the core issue is defined in this way, it becomes clear we can utilize some traditional methods to resolve conflict and build trust.

We use a “Cross-Generational Conflict Resolution Framework” to help cross-generational teams unlock their full potential. The four pillars of the framework are:

I. Understand, respect, and leverage varied perspectives.

II. Build trust among the team.

III. Over-communicate to ensure understanding while eliminating false perceptions.

IV. Embrace flexibility and embrace progress.

First, all members of a crossgenerational organization have to embrace the differences among the team. The key is to not only understand these differences, but to also show respect for various viewpoints and be able to leverage the multiple perspectives for stronger outcomes.

Like so many conversations surrounding diversity, generational diversity is similar in that understanding the experiences and realities that make up an individual’s world-view will help develop empathy and respect for a viewpoint other than your own.

Jennifer C. Deal, a senior research scientist at the Center for Creative Leadership in Greensboro, N.C., has written, “Most intergenerational conflicts are fundamentally about power or clout. A young person who wants more clout wants to be noticed. They have new ideas that aren’t being listened to. An older person wants their experience to be recognized and appreciated. Everyone wants to be heard and respected.”[3] Only when you hear and respect those varied perspectives can you move to the second pillar.

The second pillar is to build authentic trust. There are many ways in which we work with firms to build trust among colleagues. But the one mistake we see most often is assuming trust. We routinely find that, whether we’re working with a $1 Billion corporation or a six lawyer law firm, leaders assume the presence of trust, while lowerlevel attorneys and staff inevitably have a much lower opinion of the trust present in the organization.

Megan Gerhardt, director of leadership development at Miami University’s Farmer School of Business and author of Gentelligence states, “Many of the generational conversations in the news today rely on false stereotypes and clickbait headlines, rather than taking the time to understand the important differences that are a part of our generational identities.”[2]

Trust in an organization should not be taken for granted, and silence on issues should not be confused with trust. Having a trusting environment is a critical component to ensuring all team members are comfortable with sharing their various viewpoints as we discussed above. If there are limits or impediments to organizational trust, it is the first component we work on developing in any organization. Steven Covey famously said, “Trust is the glue of life. It’s the most essential ingredient in effective communication. It’s the foundational principle that holds all relationships.”[4] This includes the cross-generational

The key is to not only understand these differences, but to also show respect for various viewpoints and be able to leverage the multiple perspectives for stronger outcomes.

relationships in the workplace.

Third, we focus on effective communication. If you have an environment with a diversity of opinion where trust is securely woven into the organizational fabric, the way to leverage these assets is to ensure that all parties are communicating effectively. More importantly, understand that different generations communicate in different ways, and make sure that the methods used for communicating important information are methods that each generation

is comfortable with, even when that requires using more than one method.

In a very extreme example, announcing a “Remote Work Friday Policy” via a TikTok video is not going to be an effective way to communicate in an organization with multiple generations. But this isn’t only about communication method. Message is as important as method. Depending on age and professional history, some people may simply do what they are told without indicating challenges they face. For instance, if the office is closed Friday and you must work from home, but you have no idea what the letters VPN mean, you are going to be at a productivity disadvantage. To ensure the entire team reaches their highest collective potential, communication must be crossgenerational in both method and message.

Finally, embrace flexibility. Understand teams sometimes make mistakes. It is important to remember that this is the first time we have had up to five generations in the same workplace. This is new for everyone. We are also dealing with major upheaval in the definitions of how we work and challenges to the traditional work environment. To say it is important to give ourselves and our coworkers some grace, flexibility, empathy, and understanding, is an understatement.

In fact, recognizing the need for empathy and practicing empathy for those with diverse viewpoints brought to the table by multiple generations in the workplace is a critical pillar. The Center for Creative Leadership states, “Empathetic leadership means having the ability to understand the needs of others, and being aware of their feelings and thoughts.”[5] Don’t let failures or conflict stemming from cross-generational diversity simply sit as failures. Engaging in empathetic leadership can help not only resolve existing conflict but can serve as an effective learning tool. Implementing empathetic leadership

brings us full circle to the first pillar, genuinely learning and understanding the varied perspectives that are present in our work environment.

You can unlock the hidden potential of a cross-generational workplace by implementing the Cross Generational Conflict Resolution Framework. If you need assistance with any of these four pillars or other team and leadership development areas in your firm or organization, don’t hesitate to contact us directly.

Apochromatik is a full-service coaching and consulting firm founded by Amy M. Gardner and Keith R. Sbiral and serving clients across the United States and Europe. We specialize in team and leadership development and attorney career development and transitions. We draw on extensive experience in legal education, law firms, and management to work with law firms and other organizations on a variety of issues. We are flexible, agile, and pragmatic. Our engagements reflect a commitment to

work with each client in their own specific circumstances. For more information visit www.apochromatik.com or email: keith@apochromatik.com or amy@apochromatik.com.

Amy M. Gardner and Keith R. Sbiral, Apochromatik

1 Harvard Business Review. How to Manage a Multi-Generational Team, Emma Waldman, Associate Editor, August 31, 2021. https://hbr. org/2021/08/how-to-manage-a-multi-generational-team

2 Id.

3 SHRM. How to Manage Intergenerational Conflict in the Workplace, Arlene S. Hirsch, February 5, 2020. https://www.shrm.org/ resourcesandtools/hr-topics/employee-relations/pages/how-to-manageintergenerational-conflict-in-the-workplace.aspx

4 Forbes. Stephen Covey: 10 Quotes that Can Change Your Life, Kevin Kruse, July 16, 2012. https://www.forbes.com/sites/ kevinkruse/2012/07/16/the-7-habits/?sh=4a9bc69d39c6

5 Center for Creative Leadership. The Importance of Empathy in the Workplace. https://www.ccl.org/articles/leading-effectively-articles/ empathy-in-the-workplace-a-tool-for-effective-leadership/

Meet and Connect

Margaret

Burke

margaret@mblawconsulting.com

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Margaret Burke, President, and Founder of MB Law Firm Consulting, LLC™, has decades of experience consulting with lawyers, Partners, and small to midsize law firms. She specializes in law firm management, finance, and HR to improve law firm operations, streamline processes and scale revenue. Margaret has advised and led acquisitions, relocations, succession planning, restructuring and start-ups. She earned her MBA at Sawyer Business School at Suffolk University, she is a CLM Certified Legal Manager, Yellow Belt Legal Lean Sigma, and Certified Professional Coach.

Margaret is truly passionate about partnering with Law Firm leaders to help each practice achieve their goals.

Diane

L. Camacho

diane@dlccs.com

dlccs.com

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Diane L. Camacho is the founder of DLC Consulting Services, LLC which provides legal management and operations consulting services to small and solo law firms. Her team provides law firm start-up services, operational reviews and compensation modeling as well as other support to law firm management. Her team has over 80 years of management experience in law firms combined.

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Doye

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accounting-atlanta.com

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During the first two years of building his own CPA firm, Prestige Accounting Solutions, Jayden discovered his niche- professional service providers. As a CPA, Jayden’s goal is to help entrepreneurs like as himself, gain independence, eliminate debt, and create unique action plan to bring more to their bottom line while paying less in taxes. Invest in yourself and start working with Jayden TODAY!

Amy M. Gardner

amy@apochromatik.com

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Amy M. Gardner is a certified career and career transitions coach and team development and leadership consultant with Apochromatik. She coaches lawyers one-on-one, in small group masterminds, and delivers workshops for law firms and other employers to reengage teams and help them thrive. Amy is a former Big Law associate, partner at a mid-size Chicago firm, and dean of students at a top law school.

Nermin

Jasani

nermin@wearews.com

ws-lawyers.com

@wearewildlysuccessful linkedin.com/in/nerminjasani

Nermin is a former Wall Street attorney who ran her own law firm while advising hedge funds and other registered investment advisers. She is now a law firm consultant helping solo and small firms with their pricing, marketing, operations, and team training. She hosts a weekly podcast called: Wildly Successful Law Firm and can be found on all podcast platforms.

Jen Lee

jen@lawyersuccessnetwork.com

lawyersuccessnetwork.com

facebook.com/lawnchlaw

925-586-6738

Jen Lee is the founder and consulting attorney at Jen Lee Law, Inc. in San Ramon, CA. She is the CEO of Lawyer Success Network®, helping lawyers design and build profitable practices, while achieving happiness in the process. She often speaks on business development, alternative and flat fee structures, law firm design, networking for lawyers, and substantive bankruptcy topics.

Jay McAllister

jason@paragonus.com

paragonus.com

linkedin.com/in/jaymcallisterit

815-556-1145

Jay McAllister is an extremely passionate and highly motivated entrepreneur. He is the founder of Paragon Tech, a technology firm focused on conceiving, creating, and curating the absolute best solutions to increase efficiency at all levels in law firms across the US. He is incredibly gifted at listening to and truly understanding and connecting with those he communicates with at a deep level.

Alex Muñoz

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expertiseinresults.com

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Alex is the bi-lingual (Spanish/English) & bi-cultural founder and principal of CSR : Consulting, Solutions, Results where he drives organizational change via strategic planning, execution, and accountability for law firms. CSR’s hallmark is the ability to quickly and efficaciously analyze, diagnose, and implement solutions for organizations seeking to scale. He has helped dozens of firms to plan for succession, remove obstacles, and grow.

Chelsea Williams

hello@yourcoresolution.com

yourcoresolution.com

@core_solutions_group

facebook.com/yourcoresolution

For entrepreneurs, business is absolutely personal, especially regarding our money. You weren’t taught in school how to manage your cash and understand its patterns. I’m out to change entrepreneurs’ relationship with their money in their business and life.