The Six Simple Reasons Practices Fail

With the current economic downturn, a high levelFor every associate that is lost, the typical firm
of law firm dis-solutions have taken place and willloses between $100,000 and $600,000. Firms with
likely persist. Firms that were able to disguise theirhigh turnover rates in associates or key staff
vulnerabilities during better economic times nowmembers are far more likely to fail than firms
must come to grips with why their practices arewith a stable and content workforce. Allowing a
struggling, and prepare for the worst. The silverculture of inadequate or ill received partner
lining to the current crisis may be the opportunitycontact, not spending sufficient time on mentoring
to identify weaknesses and turn them into assetsand employee development, and not offering a
by emulating the characteristics of successfulhealthy balance between work and personal time
firms - an effort that will benefit a firmcontributes to dissatisfied employees. Successful
immediately by lowering the risk of failure andfirms make a commitment to consistent and
providing the long term benefits of moreskilled employee management and therefore
predictable growth and profitability.enjoy a high level of staff satisfaction and
There are six primary reasons practices fail. Theyretention.
are poor financial planning and moneyRunning a law practice is above all else a business.
management, inadequate investment inFirms that focus too little on successfully running
technology, lack of effective leadership,and growing their practices have a higher
ineffective guidance of staff and associates,probability of failure. The inability to prepare and
inability to prepare and execute effectiveexecute an effective marketing plan means you
marketing plans, and problems ensuring clientare not establishing a brand that builds awareness,
satisfaction. In order to have a successful practiceloyalty and trust. You should keep track of every
you must take a hold of all of these things - andmarketing dollar you spend to be sure your return
now is the perfect time to do so.on investment is high enough for you to continue
Mismanagement of firm finances is the numberusing the marketing channels you are investing in.
one reason firms fail. Successful firms are farDifferentiate yourself from the competition
more likely to have their financial house in order.otherwise people will have no reason to hire you
With all of the fraud and embezzlement scandalsover the next guy. Successful firms exhibit their
rocking law firms recently, you want to be sureskills in effective marketing even when they are
to know where your money is going. Poor financialnot actively seeking new clients.
planning activities include excessive borrowing toIncorporating new marketing techniques is a great
pay for expansion or to compensate partners,way to reach more potential clients. Social media
shouldering high levels of debt due to insufficientsites such as Twitter, Facebook and LinkedIn
capitalization, and not preparing detailed cash flowallow lawyers to market their services to potential
budgets and projections. If you are spending tooclients by striking up casual conversations to get
much money on practices that don't bring in newto know them on a friendly basis. The use of
clients and not keeping track of these finances,new marketing channels is a great way to keep
you constantly put your firm in a dangerousyour firm current and in the know.
position. Prepare detailed cash flow budgets andClients don't generally express their discontent.
projections in order to track your expensesThey often feel intimidated and avoid complaining
properly.directly. Yet dissatisfied clients are often the
Inadequate investment in technology hurts firmsundoing of a healthy practice as repeat business
on a variety of fronts, including productivity,declines, receivables go down, negative word of
flexibility, employee morale, firm image,mouth swells, referrals fall, and most dangerously,
competitiveness and customer service - all criticalethics complaints are issued. Poor client service
issues for firms. However, the greatest single perilpractices include not updating clients as to their
of underutilizing technology is risk, a significantcase status, not interacting with clients to
predictor of failure for small firms. Successfulsufficiently to gain their trust and build rapport,
firms generally invest wisely in technology toand not listening to their complaints.
ensure all office activities are streamlined withFor successful firms, excellent client service
minimal risk exposure. Calendaring errors are theprovides a significant competitive edge. One
number one cause of malpractice claims beingpractice of excellent customer service is
filed against law firms.answering your phone - like showing up, it is 80%
The ABA estimates that nearly 20% of allof your success. People want to feel important
malpractice claims involve missed deadlines orand if you don't return their calls promptly they
administrative errors. Because of this, manywill feel as though you are not giving them your
insurance carriers require firms to invest infull, undivided attention. It is important to keep
electronic calendaring and docket control softwarecommunication open with your clients and send
systems, and will not write premiums forthem an email or give them a call when
companies who do not have these in place.something on their case changes. Practice
Others offer discounts on premiums to thosemanagement software makes doing this fast and
who use practice management software becauseeasy since all emails, phone conversations,
it greatly reduces the risk of malpractice suitsmatters and documents are stored together and
against your firm.attached to each client's name. Being organized is
Other poor technology practices include beingkey to being able to keep clients happy and in the
careless with data backup, not using firm-wideloop.
phone messaging software, performing conflictThere are many common practices that lawyers
checks manually or depending on memory, andcan implement to help turn this economic
relying on trust accounting software not designeddownturn into a time of great opportunities.
for law firms (these don't offer strict safeguardsAlthough painful, critically evaluate your practice
against overdrawing client funds and co-minglingand come to terms with what ails you.
accounts).Transforming your weaknesses into strengths
It is especially true for law firms that flawedmay not be an easy or quick process but it will
leadership greatly increases the likelihood of failure.allow you to sail through financial upheavals that
Conversely, leaders who promote a commonwill knock down the less prepared firms - and
purpose, common goals and shared culturemake you more successful in the long term.
generally preside over successful firms. StephenImplementing practice management software is a
Covey said, "Management is efficiency in climbingsurefire way to combat poor practices. It allows
the ladder of success; leadership determinesyou to take control of your practice by eliminating
whether the ladder is leaning against the right wall."double entry and significantly reducing the risk of
Poor leadership practices include alienatingmanual errors, all helping to lower malpractice
associates and staff with an autocratic style, notrisks. Practice management software allows you
establishing a clear and powerful direction for theto eliminate paper files and consolidate all of your
staff, not keeping staff well informed and notoffice software: calendaring, case management,
reconciling incompatible goals among partners.document management, document and form
When employees do not know the long termsproductions, billing, and accounting. This leaves you
goals of a firm it leads to ineffectivespending less time on administrative tasks and
communication in day-to-day interactions.more time on billable projects.