11 minute read
Legal
An attorney with Guidant Law Firm focused on corporate law and bankruptcy, Alex Karam assists entrepreneurs, small and mid-sized businesses in every stage of development with entity formation and structuring, contracting with employees and third parties, regulatory compliance, corporate governance, and business acquisitions and sales. guidant.law
Changes to Arizona’s Legal Landscape Put Local Businesses in Uncharted Territory
Potential benefits and pitfalls when non-lawyers practice law
by Alex Karam
Arizona blazed new legal trails this year by becoming one of the first states to permit non-lawyers to share fees with lawyers and also own law firms. Arizona is also one of the first states to allow non-lawyers to practice law.
As with other trails blazed throughout history, these changes could result in a gold mine of new opportunities for businesses and entrepreneurs …. but the trails are hardly smooth and it’s possible all parties — including their clients — could face Oregon Trail-like consequences.
To avoid being crushed by a metaphorical wagon or bitten by a figurative snake, businesses should fully understand both the benefits and pitfalls of paying referral fees and working with someone who isn’t a lawyer before setting foot on any of these new trails.
REFERRAL FEES REWARD RELATIONSHIPS BUT PRESENT A SLIPPERY SLOPE
Before the Arizona Supreme Court amended the rules, attorneys were prohibited from giving anyone anything of value for recommending or referring them. Recognizing that referrals have value, the rule revision now allows law firms to thank or compensate clients and partners for the business they send.
Being able to send flowers, a gift card or other small token of appreciation is innocuous and a welcome change. And when a company refers a lot of business, it’s certainly worth having a discussion about additional compensation. It’s fair for both parties to recognize that relationships take time to cultivate and are worth rewarding.
However, the option to pay referral fees runs the risk of turning recommendations into a commodity, where businesses could begin referring cases to firms who will pay the highest referral fee instead of to the best qualified or most experienced attorney. Because their reputations are on the line, companies and individuals should refer to the attorney or firm best suited to the client’s needs. Taking the time to get to know a law firm and building a genuine relationship before making a referral will cement trust and protect business interests in the long run. Ultimately, who will the client blame if the referral results in a poor outcome? offer more affordable legal representation to individuals and small businesses.
Expanding access to justice is vital; however, the adage “You get what you pay for” certainly applies. Although there is a test they must pass, legal paraprofessionals are not required to have a degree of any kind, let alone a law degree. There is no requirement that their work be supervised by an attorney, yet legal paraprofessionals are able to appear in court (a key difference between them and legal document preparers). Proponents for this license compare it to a certified nursing assistant, but even that profession requires 120 hours of training and is very often under direct supervision of a doctor.
At a minimum, businesses with complex legal challenges will want to carefully vet any legal paraprofessional before engaging to ensure they are receiving the best representation possible. They should also consider hiring an attorney to supervise the work being done or finding a legal paraprofessional who partners with an attorney to ensure everything is done correctly. Without oversight, legal paraprofessionals could make a costly mistake from which it could take businesses years to recover.
Those considering becoming a licensed legal professional should understand they will be held to the same standards and bear the same risk as attorneys. In that light, it may instead be worth obtaining the associate degree required to become a paralegal. It is also worth noting that Washington State discontinued its similar limited license legal technicians program last year, partially because such a small number of individuals participated in the program.
PROCEED WITH CAUTION
LEGAL PARAPROFESSIONALS MAKE LAW MORE ACCESSIBLE BUT BUYER BEWARE
On its face, creating legal paraprofessional licensure sounds like a good move. Authorized to provide services for simple, lower-value legal matters (wills, uncontested divorces, etc.) and even appear in court, legal paraprofessionals will
Arizona is exploring exciting new legal trails by allowing attorneys to pay referral fees and licensing legal paraprofessionals. Businesses can benefit from both, but because the territory is largely uncharted, they must carefully select their partners to protect their reputations and avoid costly mistakes.
Arizona start-up Televëda is proud to now be offering, for the first time ever, direct consumer access to its online community so that seniors can find friendships and stay active and connected. Televëda is the easiest, safest and most welcoming way to connect seniors with new friends and activities they’ll love. televeda.com
Tyler Butler is the head of Corporate Responsibility for Aventiv Technologies, where she leads programs that positively impact society. She is also founder and principal of 11Eleven Consulting and is often cited as a subjectmatter expert by Forbes, SHRM, Entrepreneur, U.S. News and World Report and more. 11elevenconsulting.com
Televëda Helps Seniors Combat Isolation
Business offers seniors across the country the gift of direct access to its online community
by Tyler Butler
Shruti Gurudanti has a commitment to combating isolation that comes from a very personal place. In her youth, she watched her own grandparents suffer from seclusion. During those difficult times, she realized that older adults experience a massive issue with social isolation and loneliness. These experiences shed light on the importance of social interaction and community. And, ultimately, led Gurudanti to develop a solution.
Today, Shruti Gurudanti is CEO and co-founder of Televëda, an organization that is addressing the very issues that impacted her grandparents during her youth. Televëda is a social venture with a mission to combat social isolation for older adults and adults with special needs. This virtual community management platform empowers local civic communities (like senior centers, municipalities and assisted living facilities) with the infrastructure and media needed to manage and scale engaging virtual community centers.
The subscription program, which launched in December, welcomes seniors into a community of like-minded adults that supports their social, mental and physical well-being every day. Members rave that it is the “friendliest community” of active adults, and that it has given them a sense of “meaning and purpose.” Membership has rapidly grown by word of mouth. “Whether it’s a grandparent, parent, friend or anyone, we are here to help them find a friendly and supportive community so they can always live the best versions of their lives, and all from the safety of their own home,” says Gurudanti.
This first-time-ever direct consumer access model was not easily put into place, though. Delivering virtual activities to older adults is a fragmented offering that involves a lot of complex steps. Rather than piecemealing various software and media solutions together, Televëda offers organizations and caregivers the ability to save time and offer peace of mind. This is particularly important now as the pandemic has overwhelmed those organizations that serve the vulnerable.
A recent time audit at municipality recreational centers revealed that even with using Zoom and their own instructors it was still costing organizations around 25–40 hours of additional staff time weekly and $5,000 in additional monthly spend to manage the offerings that Televëda shares. Televëda’s solution is simple. Its end-to-end turnkey platform for civic organizations includes video streaming, calendaring and registration system, plug-and-play media library, live tech support, automated reminder system, custom data reporting, analytics and security and privacy moderation. Televëda has helped frontline workers save 6–15 hours every week while increasing overall attendance and engagement of their online classes.
Now, older adults 65 and up from across the U.S. can directly join Televëda’s online community of active seniors and enjoy more than 50 classes a month via a membership subscription. Programs are geared toward fostering friendships, a sense of community and social connections. Online experiences include live and interactive Bingo, group tai chi, chair yoga, tap dancing lessons, nutrition education, art and watercolor workshops, sculpting, live music performances, book clubs and other social experiences, all led by world-class experts from around the world.
Recently, Televëda ran a successful community engagement webinar series with A.S.U.’s Edson Entrepreneurship + Innovation Institute’s Peoria Forward and the City of Peoria to connect local business owners, entrepreneurs, artists and authors with the Peoria community. “Exploring Peoria Entrepreneurship On-line Community Catalyst” was a four-part interactive virtual series hosted live at the Peoria Main Library, Sunset Library, Rio Vista Recreation Center and the Sports Complex over the course of four weeks in October. The series was live-streamed through Televëda’s platform so that participants from across the city could safely participate and engage from wherever they were and interact in real time with one another. In this series, the local entrepreneurs of Peoria led a conversation around how they have innovated to survive and thrive, the trends in their respective fields and the available business opportunities in the current tumultuous climate.
“We’re honored to help keep the music playing during these times,” Gurudanti shares. “Challenging times require great leadership, and it’s incredible to see how quickly and effectively the leadership teams have been able to develop and implement a comprehensive digital strategy. My hope is that this event inspires confidence in other organizations to embrace virtual opportunities. Engaging patrons online and beyond the four walls of your building significantly expands your reach. Now people are no longer bound by geography.”
Televëda televeda.com
Exploring the Possibilities
Setting the framework for change as a provider of opportunity.
by Bruce Weber
In the previous article, embracing change, our topic surrounded acceptance that change was all around us and here to stay. Rather than running from the unknown, we should embrace it and look for new opportunities to move forward. Once we’ve have made the decision to move ahead in exploration, how do we dream big and begin?
It all starts with a framework of knowing the desired destination and outcome. This framework is not a rigid set of ideas disqualifying creativity, but a container to work within. The mission or company purpose provides the focus and direction and defines the why, but the what is determined solely by the individual. Let’s begin by outlining the steps.
The first step is letting one’s imagination wonder and, for a moment — forgetting about the resources needed to deliver, as those analyses will come later — making the sky the limit. A planning tool I use frequently is known as blue dot visioning and originates from space. Carl Sagan, an astronomer who worked for NASA, was a part of the Voyager One probe space exploration visual team. As the Voyager One space probe was beginning to leave our solar system on its journey into deep space, Sagan begged for the camera to be turned around for one final look at Earth. NASA was reluctant at first, fearing it might damage the camera, but finally agreed. The resulting photograph became known as the “pale blue dot.” Our planet appeared as nothing more than a blue spec in the massive vastness of space.
Stepping back and looking from far out at one’s business opens the opportunity to visualize and dream almost anything. In business, we refer to blue dot visioning as the way to think big and outside the norms. This “dreaming” can be incremental additions and enhancements to our business without initially worrying about detail. The only request during this process is to be audacious! Don’t cloud the ideas with details, for the moment. Just dream!
Step two is to circulate ideas and thinking among trusted stakeholders and advisors. Gaining valuable insight from those who understand our business and have an interest in our success will aid in the decision tree as to whether to embark on a specific path or not. We are looking for impact through these conversations but not basing our decisions on the input. It’s important, therefore, to clearly explain that we are exploring.
Step three is to begin to communicate the ideas within one’s organization without worrying about specifics yet. It’s important to underscore to the staff and management that ideas remain in line with the business goals and mission while keeping the core values and business impact in mind. Engaging those internal to the organization will enable inclusion and trust, and help everyone understand the proposals and ideas under evaluation.
Everyone involved needs to understand that this is a process and that all options will be thoroughly vetted and explored within the framework we establish. Nothing is sacred for the moment and the process provides a chance for anything to be on the table within reason. Ideas will be vetted thoroughly.
In next month’s article, we will look at the decision framework and the necessary pieces to the evaluation puzzle. In his 1994 book, Pale Blue Dot: A Vision of the Human Future in Space, Carl Sagan wrote, “From this distant vantage point, the Earth might not seem of any particular interest. But for us, it’s different. Consider again that dot. That’s here. That’s home. That’s us.” As we embark on exploring the possibilities for the future created by change, we, too, need to remember that it is our business that’s here, providing value within our community. It all starts with us!
Bruce Weber is founder and president/CEO at Weber Group. Weber brings more than 20 years of experience to the for-profit and nonprofit community, working with startup, growth and mature organizations. His focus is in strengthening organizations through strategic planning, organizational development, leadership and board development. He is a BoardSource Certified Governance trainer and a founding partner of the Nonprofit Lifecycles Institute. webergroupaz.com