In today’s electronic age of smartphones, tablets and laptops, it is a challenge for many working professionals to detach from their jobs during non-working hours. If you are one of those who are tempted to check your work email when you are not at work, you should be aware of the research findings of YoungAh Park, Assistant Professor of psychology at Kansas State University. YoungAh Park found that detaching from your work mentally, physically and electronically is the key to recovering from job stress and managing your work-family boundaries. Staying connected to your job through checking work emails or text messages outside your normal working hours can be advantageous to your job. However, it can also lead to work-related stress that can spill over into your home and family life causing added stress between you, your spouse and your family.

For instance, if you receive an unpleasant email or text from a boss, co-worker, client or other business associate and you read the message after work hours, this could affect how you feel and behave toward your spouse or family and disrupt your home life. According to Park, “if one spouse is experiencing work stress, it can affect the other spouse. If both are stressed from work and neither is able to use the home as a place to recharge for the next day, the stress can build up at home rather than decrease.” When individuals are under stress their mental and physical resources are exhausted. Park says: “…they are less likely to self-regulate hostile behaviors and provide sufficient support for their spouse… If working couples don’t recuperate from their job stress while at home, they would be likely to fall into a spiral of lost resources.”

Data shows that people who are able to detach from their work have less burnout and are more energized with positive emotions, and they are more satisfied with their lives. Park recommends setting up strong technological boundaries and rules for restricting your work activities to during working hours and separating work from your home life. Granted, there are times when you may need to be involved in a work-related activity outside normal working hours. Let your co-workers, boss or employees know what your boundaries are and what they should expect so they can set their own boundaries. This helps everyone work harmoniously.

If you or your employees are not getting enough time to unwind from the stress of work-related activities, your company actually loses money. Research shows that everyone must be given the opportunity to be refreshed, rested and de-stressed from work activities so they are at their best to perform. By being able to detach from your work, both you and your business benefit. Job performance will improve, and your business will reap positive benefits because you will be performing at your peak.

Sanford M. Fisch
CEO & Co-Founder
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

The Academy recently announced a new coaching model for members consisting of 11 Training Courses. Each course has a series of classes, and the subjects focus on major practice building systems and marketing strategies. They range from Strategic Planning to Marketing Planning to Staffing to Public Seminar Marketing, and more.

This platform expands on the coaching from the Practice Building Consultants by providing more opportunities for each member firm and their team to participate in a structured coaching and training program from the Academy. Each course has been developed to examine each major system in smaller, more manageable and easy to comprehend topics. This will allow members and their teams to take a microscopic look at all of the details involved in each particular topic area. In combination with the assignments and recommended reading, each course will provide member firms with the training, tools and accountability to plan and execute on Academy systems and recommendations at a much faster pace.

Since the announcement of this new coaching and training course model, there has been an overwhelming amount of excitement and conversation around the Academy office and amongst the membership.

In fact, the first training course, The Power of Law Firm Systems & Workflow started on April 4^th, and almost one-third of member law firms registered to participate. The first class focused on time management as a foundation to effective systems. Yesterday, we finished the second class in the course, where we reviewed the recommendations on how to prepare for consultations – from the confirmation to setting follow-up appointments after the client is retained.

All 11 courses are scheduled to be covered this year, with a total of 57 classes taking place thru the end of December. The next course on Strategic Planning starts on May 6^th, followed by Creating Your Marketing Plan starting on May 28^th. A syllabus for each upcoming course will be available for members to review and registration for each course will begin a month before the course starts.

We are thrilled to be offering this new program – we are confident that it will quickly become an indispensable opportunity for members and their team to set themselves up for unprecedented success. In fact, our intention is that these courses will not only facilitate an increase in knowledge but will also accelerate mastery and implementation of Academy recommended systems.

Lillian Valdez
Practice Building Consultant
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

The Academy is all about systems that allow firms to be productive and efficient and therefore, profitable. One of the ways to ensure that law firm revenue goals are achieved is to incentivize staff so they also share in the firm’s continued growth and success. In fact, over the years, many Member firms have tied bonuses to performance or to a daily number revenue goal. There isn’t a “one-size-fits-all” approach for a bonus plan; every law firm is unique and the right bonus plan will focus on what’s important to them and their staff.

When setting up your own system, consider what areas you would like to see growth or improved performance. Those areas that you want to focus on are where you’ll want to set a bonus system around. Consider that each area of practice may need to have its own bonus structure. Why? If paralegals work on more than one area of the practice, you wouldn’t want to bonus them on estate planning and then have them ignore their other responsibilities because they aren’t tied to a bonus.

Here are some ideas for estate planning:

• If you want XX documents produced per month – then put that goal out there

• If you want XX signings per month – put that number out there

• If you want a Medicaid person setting up nursing home seminars – perhaps a number of Medicaid seminar attendees per month would be one of the goals for the firm

• If you want to increase endorsed seminars, then you could have a goal tied to it for a marketing coordinator or associate attorney

• If you want to increase client referrals – then you can set a goal for what percentage of new clients should provide you with at least 1 name

Some of these goals or objectives will require a team effort to complete. For example, if you have a goal of 20 new trusts a month (signed and final payment collected), then it requires a group or team effort to ensure that the goal is met. You can set up a bonus pool that everyone or some people participate in based on their responsibilities and your goals. The more they accomplish the more they earn. When all staff get the same bonus– they end up helping each other with the document, the seminar, the signing or whatever else needs to get done, because the more they get done the bigger ALL their bonuses are. This will ensure, for example, that a final signing paralegal jumps in to help the document production paralegal if necessary to make certain that the work is complete for 20 final signings to actually occur. You would need to have a particular dollar amount that you reserve for a bonus pool that everyone knows about and is in writing. They should feel like this goal is attainable but they should have to work for it, so it’s not just a handout. They also need to have a little taste of what it feels like to have the bonus money in their pocket. The more frequent the bonus is paid the more effective it is. Paying every month on the rolling average for the past three months looks after any weird odd-ball month in this effort.

If your bonus is paid quarterly be careful not to base it on a monthly goal that needs to be met for every month of the quarter. If you pay at the end of the first quarter: if they met the goal in January, then they get paid for that month; if they don’t meet the goal in February, then they don’t get anything for that month; but if they meet it in March, they get a bonus for their performance that month. This ensures that if they don’t reach the goal for one month, they continue to try and reach the goal the following month.

Also keep in mind that not all employees are motivated by money. For some the incentive might be extra time off to spend with their kids while they’re on vacation OR number of Fridays that they get off of work during the summer.

Lillian Valdez
Practice Building Consultant
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

Several of our members’ personal and professional lives were disrupted by the recent Hurricane Sandy. Shortly after the storm, the Academy’s Director of Member Services, Susan Russel, conducted a conference call discussing the steps to take in case of a disaster or emergency. Preparation is key in these situations, so I wanted to share the main tips discussed on the call. Even if you weren’t affected by Hurricane Sandy, this will apply to any case of disaster or emergency you may encounter.

Keep People Informed

Make it known to the public if your office has to close. Have “Office Closed” announcements on public listings of closures and include a phone number to contact for emergencies. Make a post on Facebook stating the anticipated closure times of your office. Be sure to provide daily updates if possible. Also, print out your calendars for the next two to three weeks with contact information. Reschedule appointments as needed and plan to meet somewhere else, if necessary.

Plan Ahead

Back-up all onsite and offsite computers, then check and double check the back-up to confirm it saved everything needing to be saved. You can also access your server, database and email through Outlook, by setting up a LogMeIn, GoToMyPC or other remote access accounts. Have a plan if the power goes out and you can’t access your server data, client info, email, etc. It is also a great idea to keep a small generator on hand to recharge phones and other electronic devices you may need.

When disasters happen, we are reminded that sometimes things happen that are beyond our control. However, if you follow these tips on the things you can control, it will add some organization to the chaotic environment encountered during a disaster or emergency.

Natalie DeGeorge
Social Media and Membership Coordinator
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

I was registered to participate in a triathlon this weekend.  Unfortunately, Houston’s great September weather disappeared Friday.  The heavy rains on Friday continued into Saturday night and caused a cancellation of the cycling portion of the event.  The event then became what they called an aquathlon (swim/run).

For those considering either a triathlon or aquathlon, I thought I would share some important tips:

1. General Tips:

• If you are thinking about doing a triathlon, with little training in the swimming event, then reconsider the decision.  The swimming portion was a lot more work than I thought it would be.  Once you have reconsidered, proceed with the registration because no self-respecting, obsessive, compulsive, Type-A personality is going to back down from a challenge.

• Never believe the weatherman.  Despite the rains on Friday, all day Saturday, and Saturday evening, the weather was projected to be 71 degrees and sunny when the swim portion started, with 7 mph winds.  It wasn’t.  It was 70 degrees when I left for the event and 65 degrees when I got home.   There was no sun, it was misting, and the wind was definitely more than 7 mph.

 2. Swimming Tips:

• If you own a FitBit, leave it in the transition area.  The transition area is where you change gear from one event to the next.  As I stood near the water’s edge, watching those who started ahead of me, I suddenly realized I still had my FitBit.  I was then faced with a Hobson’s choice.  Go forward and replace it later, or save it now.  It was a ½ mile jog (round trip) to take it back to the transition area.  Hmmm… what to do!?  It was either $80 lost or $80 saved. I decided to make the jog.

• Don’t believe what anyone says about the water temperature.  When they tell you the water is 80+ degrees, it’s just a trick to make you think everything is going to be okay.  Actually, the water temperature was probably in the mid to high 70s, and we could have had 80+ degrees if we had had some sun and little or no rain.  I knew there was a problem the moment the first wave of swimmers in my age group started into the lake.  They were almost all having an “Oh God” moment, but their tone of voice suggested pain.  I knew this was not a good sign.

• Each wave of swimmers was separated by 5 minutes of time.  Never get into the water at the beginning of the 5 minute wait.  I found myself expending a fair amount of energy treading water to stay afloat, and trying not to bump into all the other swimmers who seemed to have this incredible urge to be next to me.  I, however, did not share their desire to occupy the same space.  Get in with only 1-2 minutes to spare.

• Never be at the front of the swimming line.  I was in the middle of the front row.  While I had no doubt I could make the distance, I knew my time would not threaten the world records of Michael Phelps.  The problem, however, is the number of people behind me who were obviously faster than me felt the need to swim over me after the horn blew.  (In fairness to the other swimmers, the water was murky and you could not see the person in front of you).

• If you do nothing else, try not to flop around like a dying fish.  At around ½ way through the swim course, I could feel the ankle strap for my timing chip slipping down towards the bottom of my ankle.  I stopped to fix it.  Stopping really meanings treading water and sometimes going under the water.  This creates the appearance that you might be drowning, thereby causing a lifeguard in a kayak to immediately paddle to your location to offer assistance.  While I was pleased with the concern for my safety, I was a little embarrassed for having caused the lifeguard to be concerned.

 3. Cycling Tips:

• Stay up late the night before the event so you can check the event’s website for weather updates and other important information.  If I had, I would not have been hauling my bike to an event with no bike portion to the event.

4. Running Tips:

• With the cancellation of the cycling portion, my ability to finish well in the run was diminished.  I did not pass anyone in the swim, but I got passed a lot.  I passed very few on the run course because by the time I got to the run course, there were not a lot of us left.  Given my improved cycling over the past few months, I could have generated some sort of a lead over at least a few people, thereby increasing the likelihood that I would not be near the end of the bodies still on the run course.

• The MOST IMPORTANT tip is that you need to be sure you are jogging well and at least pretending to look good as you approach the finish line,  (I did).  They have photographers at the finish line and elsewhere immortalizing the moment.  Therefore, regardless of how bad you might have looked on other parts of the course, if you look good at the end, then you looked good everywhere else.

5. General Comments:

• It does not matter if the event is a triathlon or an aquathlon.  You still get a finisher’s medal and it says triathlon.  Years from now at my funeral, I will have my finisher’s medals draped over my coffin, and other than my wife and those who did not read this, everyone will think I did a triathlon.

• Would I do it again?  See General Tips, paragraph 1 (yes).

Stephen A. Mendel is a trial, real estate, business, and estate planning/probate attorney in the Houston, Texas area. Mr. Mendel has over thirty-four (34) years of business experience, over twenty-three (23) years of legal experience, and has maintained his own private law practice for the past sixteen (16) years. Mr. Mendel is a also a registered architect, licensed real estate broker, AV rated by Martindale Hubbell, was recognized in 2010 as one of Houston’s Top 100 Professionals, and was recognized as 2011 Boss of the Year by the Houston Association of Legal Professionals. Mr. Mendel was a fulltime faculty member for five (5) years with the University of Houston, Central Campus, where he taught construction related courses while he attended law school. Mr. Mendel is a contributing author of four books:  (1) Strictly Business; (2) Love, Money & Control; (3) Total Wealth Management; and (4) Guiding Those Left Behind in Texas (a book on probate). Mr. Mendel publishes his own blog for his estate planning clients. www.mendaellawfirm.com/blog. In his “spare” time, Mr. Mendel enjoys jogging with his wife, snow skiing and attending sporting events with his son, and cycling.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

It’s Football Season. Did you know that the start of football season coincides with another season, pertinent to law firms? Football season also kicks off Budget Season. Many law firms, like the majority of businesses, begin preparing next year’s budget during the last quarter (some even do it while watching Monday Night Football).

Here are three budgeting tips that will help you stay in the game longer, earn more fans and create a long-term winning streak.

 1. Draft a realistic game plan

Your budget is your financial and operational game plan for the coming year. Planning for the fundamentals is easy: overhead, salaries, supplies, marketing, etc. Flag on the field! Am I saying that marketing is a fundamental, essential expense? Absolutely. Marketing is your MVP and positions your law firm for success. You won’t have a winning season without it. Not including marketing in your annual budget is akin to benching your star quarterback. Draft your entire budget in writing, but don’t set the bar too high. You can’t score if you are unable to reach the end zone or field goal.

 2.  Keep your eye on the ball

Once your budget has been drafted, review it regularly to see how accurate your predictions were and if changes to the game plan are necessary. Host a monthly huddle with key management members to review the past month’s plays as well as formulate pending strategies for upcoming quarters. Frequent reviews help you stay on track, create a sense of teamwork and camaraderie, and ensure that each of your key players is following the same play book and aiming for the same goal.

 3. Don’t be sidelined by losses

Just as when there are several players on the field, your budget may be impacted by a number of unforeseeable factors. Your budget might remain on target for a quarter or two, only to be suddenly sacked by unexpected expenses. What happens in the first quarter, second quarter or even the third quarter doesn’t necessarily reflect the final score. Some months may have unexpected expenses while others offer unexpected opportunities. Due to your regular budget reviews, you will notice the fluctuations and take advantage when possible. One winning opportunity could easily offset a brief loss – the opportunities are often thrown into play by your MVP (marketing). Take advantage of cost-effective marketing strategies and communications to get back in the game.

Unfortunately, when most people think of a budget, they picture limitations, pain, penalty flags and fouls. It can be very difficult to view a budget as a positive rather than a negative. Your attitude can make or break the season. Begin by drafting a realistic financial game plan. Remember to budget for incidentals and give your superstars, such as marketing, adequate attention. By keeping your eye on your budgeting ball, your firm will be poised to take advantage of opportunities that might otherwise be missed. A solid game plan, budget-wise, will ensure that you will be able to run interference when an obstacle blocks your pass. Don’t let temporary losses take you out of the game – keep your eyes open for opportunities to compensate for minor financial injuries. If you follow these three simple budgeting tips, your firm is more likely to have a winning season, with raving fans to cheer you on for the long-term.

Becca Fieler is an Online Marketing Specialist for BizActions, a Thomson Reuters Business, serving as a strategic partner in the planning and implementation of electronic communication and marketing initiatives. She develops and oversees comprehensive programs that present marketing strategies and solutions to diverse audiences, including attorneys, accountants, banks and credit unions, human resource companies and other professional service providers.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

In a law firm proprietor’s world, it is easy to get carried away with the day-to-day activities of firm life. Particularly for the small firm lawyer, a long workday can cause the attorney to overlook certain responsibilities that come with running, managing and operating the firm. Issues may arise when attorneys fail to implement hiring practices that help shield them from potential liability.

Small firm owners should therefore work to ensure that the firm adheres to employment practices in accordance with applicable state and federal law. The key to successfully managing unexpected personnel events is to ensure that the firm is prepared to address them before a situation spirals out of control.

What follows are some questions that law firm owners can ask themselves to ensure they are sufficiently keeping up with legal and ethical law firm requirements.

Does the firm’s hiring process preemptively protect from potential litigation? Many firms are reliant upon resumes when selecting candidates to fill legal positions; however, a formalized employment agreement ensures significantly more protection. For example, firm owners can opt to incorporate arbitration clauses to help protect against disputes that may arise. Additionally, if the firm hires independent consultants for special projects, any agreement should indicate that the consultant is engaged in work-for-hire and subject to confidentiality requirements.

Is the firm’s employee handbook up-to-date? In the event of a dispute, attorneys can point to the employee handbook for guidance as to how to address human resources complaints, and to ensure that the parties know their rights. The books can also offer information as to legally mandated items, such as meal and rest breaks, compensation laws and termination policies.

Is the firm staff effectively handling timekeeping for non-exempt salaried and hourly employees, and doing so in accordance with wage and hour laws? People who work in law firms may find themselves needing to work through lunch breaks, and to work overtime hours. In order to help protect the firm from liability, someone should be assigned to monitor when people work through breaks, and should cite the individual’s reasons for doing so. Keeping a log will provide a necessary defense should there ever be a question about the firm’s employment practices.

Does the firm staff conduct regular performance reviews and track reasons for termination? Doing so provides evidence against disgruntled employees who may allege that they were fired due to discrimination or otherwise without cause.

Addressing these simple questions allows firms to preemptively protect against potential liability, and therefore offers major protections should a human resources dispute arise.

Sanford M. Fisch
CEO & Co-Founder
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

Are you where you wanted to be when you started practicing law? Has your law firm grown according to your plan? Did you start out with a plan? Many attorneys don’t have a plan for their practices – they just jump in and start practicing law, and keep doing it, thinking that if they’re good enough and work hard enough, things will just work out.

Unfortunately, things rarely “just work out.” The result is that you work and work until eventually you’re a slave to your practice. Reaching a place where you’re happy and fulfilled with your practice starts with stepping back and asking yourself some fundamental questions about where your law firm really is, and where you want it to be.

Once you’ve answered these questions, you’ll have the basis for making changes to your practice so you can get to a point where your practice works for you…and not the other way around.

I’ve found that there are three simple components to making lasting changes in the way you operate your practice:

1. Have well-defined, specific measurable goals. Most peoples’ “goals” are so vaguely defined that they’re really just dreams
2. Have a structure for honest, consistent measurement of your progress toward the goals. You need to know, step-by-step, how you plan to reach your goals.
3. Find someone to whom you can be accountable for regularly reporting progress on your goals. This is the most important ingredient to actually changing things. You need someone you can trust and who will hold your feet to the fire and make sure you really do what you say you’re going to do.

Setting and reaching goals to transform your practice is one of the topics we’ll be discussing on our teleconference for non-member attorneys coming up on August 10^th. If you’d like to join us, you can send an email to info@aaepa.com, and we’ll be happy to send you the registration information.

Sanford M. Fisch
CEO & C0-Founder
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Road, Suite 240
San Diego, CA 92124
www.aaepa.com

In order to become – and remain – a top performer in any field, it’s my belief that you need a coach.  Even if you’ve been adept at your practice area for decades, you’re not exempt from a basic, universal human truth:  it’s impossible for us to see ourselves the way that others see us.  Because of this, we often judge ourselves based not only on what we actually do, but also on our intentions and motivations. Not so for the people around us; they respond to us based on what we do.

It’s important to have someone who knows your goals and who will honestly and constructively help you see how you really come across, and what the actual impact of your actions is.  How can you make changes and improvements if you don’t really know what you need to do? Even if nothing is particularly wrong, getting a different perspective on things can change your outlook and enrich your professional life.

In addition to giving you an accurate reflection of yourself and helping you figure out what direction you need to take, a coach is someone to whom you can be accountable. Having someone who will keep tabs on how you’re progressing toward your goals, and who will challenge you if you’re falling short on promises you’ve made yourself, is an essential element of actually reaching your destination.

Even Google CEO, Eric Schmidt, has a coach. Consider his Forbes magazine interview on the value of coaching: http://www.youtube.com/watch?v=yVfeezxmYcA.

For those of you who do have a coach – how has he or she helped you improve your practice?

Robert Armstrong
President & Co-Founder
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Road, Suite 240
San Diego, CA 92124
(858) 453-2128
www.aaepa.com

Creating a business is not necessarily all about columns of numbers and cash flow. An entrepreneur, and let’s face it, that’s what attorneys with their own practice are, creates a place where employees spend a large percentage of their life and a place where clients can change the course of their lives.

Looking at your law practice as a place where you can have a positive impact on others – can give your life meaning. It can fulfill the dreams you have for yourself and your own family. Empowering talented people you hire to join you in your pursuit to make a difference is one level of success you can measure. By delegating the tasks that don’t require legal advice, you are creating time to make a difference in more clients’ lives and gives you the freedom   to run a business.

Keeping a time log for a short while of all of the “tasks,” busy work and actual legal work that you do is a great place to start when it comes to identifying exactly what you can delegate.

Those attorneys who are unwilling to delegate are often full of excuses as to why their situation is unique instead of putting a plan in place to change their circumstances. Some of the most common excuses not to delegate include:

• I don’t have the staff in place to delegate to
• The staff I have isn’t of the caliber that could handle the responsibility
• My staff is skilled and talented enough but I don’t have time to train them
• I don’t think anyone can do a particular task as well as I can do it

Which one of these is likely the biggest reason? What responsibilities are you hanging onto that would free up your time to do something more meaningful for your practice and your clients?

Jennifer Price
Director, Member Services
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Road, Suite 240
San Diego, CA 92124
(858) 453-2128
www.aaepa.com