The Bar News

Bar News Sections

Best Practice Tips

  • January 23, 2013 | Practice News
    Best Practice: Lawyer and client referrals as a law firm's sole marketing strategy

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am the co-founder of an estate planning firm in Chicago. We have two associate attorneys, myself and my partner, and 6 support staff members. Our practice is limited to estate planning, estate administration, and elder law. Our marketing consists totally of referrals from other attorneys, past clients, and other referral sources. We believe that we have a successful practice with revenues consistently exceeding $1.8 million per year. We spend very little on business development and marketing. Should we be doing more?

  • January 22, 2013
    Sharpening your pencil: Financial basics for law firms

    Are your employees getting the tax relief they deserve? Are you? Should you process your own payroll? A CPA tells lawyers a thing or two about the financial side of running a practice in the February Illinois Bar Journal.

  • January 16, 2013
    Discouraging unwarranted orders of protection

    Can we protect victims of domestic violence while "minimizing the abuse of the legal system" from unwarranted orders of protection, as author and dowstate attorney John J. Racklin puts it? He thinks so. In his article in the latest issue of the ISBA's Family Law newsletter, he offers several suggestions.

    Take filing fees, for example. "I believe that charging a filing fee would make people think twice about filing frivolous pleadings. In addition, the county would be able to recoup some of the costs incurred in these cases," Racklin writes. And what about indigent petitioners? "They could request to have their fees and costs waived as is already allowed in other civil cases." Read his proposals here.

  • January 16, 2013 | Practice News
    Best Practice: Law firm owner adding a partner

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am the sole owner of a law firm in Tucson, Arizona. I have seven associates working for the firm. I have one very senior level associate that I want to consider for partnership. I want to do this to keep him interested (he has been approached by other firms) and I envision him being a cornerstone of my succession plan - 10 years out. How should I start the process with him?

    A. It sounds like you have found the person - or whom you believe is the right person for partnership. However, just because he has been a good associate does not mean that he will be a good partner - the relationship will be different. But at least he is somewhat of a known quantity since you know him and have worked with him for several years.

    Here are a few ideas of where you might start:

  • January 10, 2013
    Hearsay allowed in murder trial under domestic violence exception

    The Illinois Appellate Court ruled recently that hearsay evidence is admissible in a murder trial under a statutory exception for domestic violence prosecutions. Find out more in the January Illinois Bar Journal.

  • January 9, 2013 | Practice News
    Best Practice: Focusing the law firm to improve profitability

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. Our firm is a 9 attorney firm in Joplin, Missouri. We have our first partner meeting for the year this weekend and we are looking for ideas that we can implement this year to improve our practice and profitability. We would appreciate any ideas that you may have.

  • January 3, 2013
    Lawyers and LinkedIn endorsements: proceed with caution

    LinkedIn members know that "endorsements" are popping up everywhere. Is it OK for lawyers to make and accept them? Yes, but mind your ethical ps and qs, an authority warns in the January Illinois Bar Journal.

  • January 2, 2013 | Practice News
    Best Practice: Evaluating lateral hires

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am the chair of our firm's executive committee. Our firm - located in downtown Columbus, Ohio - has 20 attorneys. In an effort to expand our practice and talent base as well as our geographic reach we are currently considering a seasoned lateral. We have a person in mind that currently works for a very large law firm. What suggestions do you have concerning starting the discussion and process?

  • December 20, 2012
    Equitable apportionment for subrogation claims comes to Illinois

    Effective January 1, Illinois will be among the states that have enacted a modified version of the “make whole” doctrine for subrogation claims, Rockford lawyer Mark Rouleau writes in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice Section.

    "The 'Make-Whole' or 'Made Whole' Doctrine is an equitable principle that a third party insurance company claimant will not receive any of the proceeds from the settlement or adjudication of a claim, except to the extent that the settlement funds exceed the amount necessary to fully compensate the insured for the loss suffered," Rouleau writes. "Only after the injured party has been fully compensated for all the loss does the third party claimant receive payment from the settlement or judgment." Read his article and find out more.

    1 comment (Most recent December 21, 2012)
  • December 19, 2012 | Practice News
    Best Practice: First steps to start a law firm

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am a non-equity partner in a large law firm in LA. I have been practicing for 15 years and with the recent economic turmoil we have experienced in our firm, downsizing, and overall uncertainty I have recently been considering starting my own firm. What are initial steps in starting up a law firm?

    A. While there is an entire list of start-up steps that need to be taken when launching a law firm here are a few to get you started and the order to be taken: