Fleming & Curti, PLC - Resources for lawyers (unProgram's "20 tips")

Each year the National Academy of Elder Law Attorneys holds an extraordinary seminar. Rather than formal presentations, printed outlines and lectures, the "unProgram" capitalizes on the reality that practitioners--even new and inexperienced ones--have considerable knowledge on both substantive and practice-management issues and are willing and eager to share. The brainchild of Florida elder law guru Ira Weisner, the unProgram seems to grow in popularity and value every year. For more about the unProgram (or Unprogram--preferences seem to vary), check out the NAELA website. You can also determine dates and locations for NAELA's annual Symposium and Institute.

In February, 2001, NAELA members met in Dallas. About 150 lawyers from all over the country were presenters, facilitators and sponges. One session, titled "20 Practice Tips," was facilitated by Robert Fleming, who announced at the outset of the session that the purpose was not to give 20 valuable tips to each participant so much as to ensure that he left the unProgram with 20 new and valuable tips. The ruse was effective, though most participants also recorded valuable tips for their own practices.

NAELA stalwart Edward Phelps acted as informal scribe for the session, and his version of the 20 tips follows (note that he actually recorded 23 tips, and that the rapid-fire exchange included another dozen or so that he did not record, whether because he was already practicing them or because the tips were coming in too fast for even his keyboard-equipped Palm):

20 Tips to Run a Better Practice

1 Acquire a laminating machine to make cards stating how to title assets in a trusts. Put business card on reverse side of the information.

2 Staple the photo of client on the inside cover of file – use a Polaroid camera.

3 Offer a list of survivors instructions and document locator in your trust documents. Tell client to keep this in your file, perhaps a note at the home to indicate you are holding it so survivor could know to contact your office with a copy for the client to give to the person(s) expected to be a survivor – or at least to contact your office if they are concerned about such instructions.

4 www.elder-law.com/lawyers.htm. Copies of documents from Unprogram courtesy of Robert Fleming’s office.

5 Hot docs.: "ABA Hot Docs for Lawyers" a how-to use in one hour.

6 In reception area, replace Time magazine with your speech handouts for talks you have given.

7 Use a flannel board for explaining estate planning. People turned up side down if they turn nutty. Symbols for money, securities, land etc. even heirs, spouse.

8 In any news letters include tidbits on family or special interest of members /staff. News letters have a three issue learning curve. 1^st takes forever, second 3 - 4 hours, third about 2 hours. Quarterly newsletter is the best idea. Clients love it.

9 Send thank you letter to the client at the end of the file.

10 Send out reminder letter every 3 to five years to clients. Offer to review documents at no charge. If work is done then charge for that.

11 Use tapes for training of staff, e.g., "Best of NAELA" tapes. Staff coordinates meeting where tape is played.

12 Calendar the date for execution of the documents at the first meeting. Don’t let the client have the original documents. Sign the documents in the office and suggest a review meeting with changes. Tell the client to take it home if they find any changes, call and we will revise the documents for you. Some people don’t charge for this with explanation: "If you find a change is necessary, I must not have understood you correctly and that is our problem and we will fix it for free."

13 Learn how to use hidden text in your word processing documents __ use hidden text to provide instructions or better yet "plain English" explanation of what the section of the document is about. When document is done, can run it in final with hidden text turned off and the comments disappear.

In WordPerfect hidden text is under the "View " menu. One practitioner does his comments in red and the clients love the draft documents which he sends out with the "plain English" explanations so much that the will not return the drafts to him.

14 Ask clients what brought them into the office now. Find out what was motivating factor. This can provide greater insight into the reason for the work which they are trying to do. "What do you see as the most important issues which you are here to discuss with us."

15 Up grade thank you for referrals. For example, go from a thank you note, to coffee mug with your firm name and phone number, to chocolates with your firm name.

16 Give away items: Anti germ pads which you put on your phone and firm logo. Necklace pen holder which have firm logo.

17 Books: www.nccnhr. com great book on selecting nursing home. Hard Choices for Loving People. HELP4SRS.org: end of life issues. The 36 hour day. Grand ma doesn't know its me. Its for kids. www.wisbar.org has good stuff too. ABA Tips for lawyers.

18 Develop 10 topics which you are willing to speak about and give the list to the heads of groups you want to speak to. If the person has the topics you will talk about they are more likely to contact you because they will have a better idea about how you could fit into their program. Examples of some topics people came up with: "10 things a senior needs to know" "Now you have a trust school" Robert Fleming has a 40 page book on this. Nursing home advocacy program: "Helping the family cope with nursing home to be sure you get good care." "Why tellers should not recommend joint accounts for talk at bank"

19 Social workers need credit hours. Put on program for social workers so they get there units. Vendors come, lunch. Usually don't speak, but just sponsor it.

20 Get the staff of the facility people. This will provide you more contact. Just bring the sandwich platter and then you can talk for 5 minutes answer questions while they eat. One NAELA member brings lunch for the staff.

21 Join the area agency on aging.

22 Get billing codes for Doctors to bill discussions on Advance Directives. These are the Medicare codes.

23 Get a payroll service for a small office.

If you were at the unProgram and want to add other tips missed by Ed, or if you have original material (seminar presentations, judicial decisions, articles, etc.) you want to share with a wider audience, e-mail me with your submission as an attachment.

20 Tips--NAELA unProgram