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As the legal profession continues to shift and change, many attorneys see unbundling legal services as a way to remain competitive with non-attorney "legal" services, reach a market that has money to spend but is unable to afford or unwilling to spring for full-service legal representation and accommodate a new generation of customers who are accustomed to using the Internet to do their own legwork and obtain the products and services they need.

As with any emerging practice, the trend toward unbundled legal services has raised a number of questions for attorneys. While the ABA and many state bar associations have embraced unbundled services as a means of increasing access to justice, there are of course caveats and requirements. And, of course, some of those restrictions and requirements vary from state to state.

This month's GPSolo eReport focuses on answering attorneys' questions about unbundling and pointing them to relevant resources.  Our very own Stephanie Kimbro authored this comprehensive overview of the reasons for unbundling, where regulatory bodies currently stand on the practice, best practices, steps attorneys should take to protect themselves and make sure clients are informed and where to find more information.

If you're providing unbundled legal services or considering undertaking limited scope representation, read The Ethics of Unbundling.

Recently, Lawyer Coach Debra Bruce provided an excellent overview of the benefits of listening to your clients and prospective clients:  one of the key things a client needs from his attorney--the one that sets the stage for most of the others--is to feel that the lawyer hears and understands his concerns.  But that's just the first step; once you've assured the prospect or client that you understand his concerns, your next task is to clearly address those concerns.

Prospective clients are often a bit overwhelemed when they pick up the phone or walk through your office doors.  In many areas of consumer law, the would-be client is facing much mroe than the decision as to whether to hire an attorney and which one.  The person sitting in front of  you may also be dealing with the fallout from a broken relationship or coping with the possibility of a jail sentence or is in a constant state of anxiety after months of creditor calls and juggling to try to keep the utilities on and food on the table.

He may not consciously realize it himself, but he's not just shopping for a legal service.  He's shopping for reassurance.

The woman who is unable to work due to an injury and worried about supporting her family, the man whose wife and children moved out last week and many others in need of legal assistance feel that the world is out of control.  Helping these prospective clients see the days ahead in manageable pieces and clear action steps will not only set their minds at ease, but will build faith in you and your ability and willingness to help.

Of course, you never want to create unrealistic expectations in a client; you can't solve all of their problems and shouldn't pretend that you can.  But you do know what to do next, and how to break down the issues your client is facing and focus your energy (and his) on those aspects you can address productively.  By clearly conveying that, you can help your client see the life changes he's facing as manageable and give him clear action steps for the pieces of the coming process that are in fact within his control. In doing so, you help alleviate his anxiety and sense of chaos, and also help him to make the first decision on the path to regaining control: hiring you to help address the coming legal hurdles.

Putting it into practice:

• Clearly restate your prospective client's key concerns so he knows that you "get it"
• Tie your responses and advice to the things he cares about
• Use language like "Here's how I can help with that..." and "The first thing I would do for you..."
• Give him something manageable to work on:  don't keep him in the dark or throw an overwhelming task list at him right away

Attorneys--how do you help your clients and prospective clients feel confident in your ability to help them regain control in emotion-driven areas of law?

Last Wednesday, Apple CEO Steve Jobs passed away at the age of 56 after his 6-year battle with pancreatic cancer. Within minutes of this news, social media was buzzing with memorials, tributes and memories from Apple fans around the world.

We mourn the death of Steve Jobs because of the legacy he left behind. Steve Jobs was not just the face of the iPod, iPhone and iPad. Steve Jobs was not just a successful business owner. He was an entrepreneur who took risks, faced huge setbacks, survived on a dream, and went on to build one of the most recognizable brands in the world. He was a man who redefined what it means to communicate and stay connected in the 21st century. Steve’s story is one of inspiration. Here are some things I learned from Steve that will stick with me:

Don't follow the rules. Connect the dots instead. I talked about this a few months ago when I reflected on Jobs' 2005 Stanford commencement speech. During his speech, he told a story about how he dropped out of college because he didn't know what he wanted to do with his life. One day, out of curiosity, he decided to "drop in" to a calligraphy class just for fun. Years later, when he developed the first Mac computer, Jobs remembered this course and had the idea to add multiple font options to the word processor. While Jobs could have followed the status quo by staying in college and taking only classes that applied to his chosen career path, he chased after what seemed like detours only to find out that his experiences came in handy later in life. This symmetry seems unlikely to happen to the regular person, but Steve’s advice is true for us all: look for connectedness in the seemingly disparate parts of life, and build with them.

Don't lose faith in what you love. Jobs started Apple with a friend in his parents' garage when he was 20. In just 10 years, the 2-person operation grew to over 4000 employees. By the time Jobs was 30, he had a falling out with the company and he was fired. This event was very devastating and public, and it could have ruined anyone. But, with his love for technology and innovation, Jobs pressed on and started NeXT, helped Pixar create the world's first animated feature film and eventually made his way back to Apple to resurrect it from a path of failure and grow it into the most successful technology companies in the world. Jobs stated in his 2005 speech: "Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven't found it yet, keep looking. Don't settle."

Live each day as if it were your last. Instead of taking his illness lying down, Jobs pursued his dreams, lived his life, and contributed to our world every day.

Steve’s memory will live on in those who remember him as the passionate, innovative, and inspirational person he was.

Written by Russ Korins, law firm marketing consultant. Russ Korins assists law firms with marketing and practice development. He previously practiced corporate and technology law. He is based in New York City and works with clients around the country. Visit www.russkorinsconsulting.com for more information.

Attorney biographies: they are one of the most important things prospective clients check in deciding whether to hire a lawyer. And yet, most attorney bios, rather than assuring and compelling prospects and referral sources, simply report on previous experience, or rattle off a list of accomplishments. Have you ever noticed how many attorney bios mention “extensive experience” in their practice areas? Yawn.

You can start today on improving your bio. Think of it as a strategically positioned argument, not an exhaustive history. What would you tell a prospective client, or key referral source, about your work? Consider the aspects of your experience, and the needs your legal services meet, that are most valuable in the eyes of your audience.

Even better, think about your marketing or business plans over the next six months: who you expect to meet, the kinds of clients you want to attract, and the referral sources you will engage and cultivate. Now edit your biography in anticipation of these opportunities, so that it will be as strong as possible for the audience you create.

Writing a biography can mean much more than compiling a life story, and editing a biography should be more than just adding a new reported case or representative transaction to the list. Make your biography an integral part of your total marketing and business generation effort. When you write a better bio, better clients will follow.

The post below was contributed by Debra L. Bruce.  Debra is president of Lawyer-Coach (www.lawyer-coach.com), a law practice management coaching and training firm. She practiced law for 18 years before becoming the first Texas lawyer credentialed by the International Coach Federation (ICF). She has served as Vice-Chair of the Law Practice Management Committee of the State Bar of Texas and as leader of the Houston chapter of ICF.

Are you a good listener? How do you know? Why should you care?

Clients and prospects want to know that you care about them, their business and their problems. You know the common negative stereotypes about lawyers: that lawyers are arrogant, uncaring, selfish and greedy. Perhaps our public relations problems result in part from our listening habits.

In law school we learn to listen for the purpose of critically evaluating what the speaker says so that we can quickly make a decision about the best course of action. We learn to take feelings out of the decision process, and focus on facts, legal principles and logic. We develop the ability to think on our feet and make quick responses as we face grilling by professors in class or make arguments in moot court competitions. Then as lawyers we interrupt to clarify and focus on facts, disregarding feelings, which we deem irrelevant. We try to control the situation by doing more talking than listening, and what listening we do has a decidedly adversarial or challenging bent.

That approach may serve us well in the courtroom, but it causes problems when we need to build rapport and trust with clients. Effective listening builds rapport because it communicates our interest and concern, and helps us reach beneath our clients’ words to learn what is really troubling them. Listening also alerts us to potential new developments in the client’s business and additional opportunities to serve the client. In short, listening is an important marketing tool!

A large northeastern law firm decided to study their most effective rainmakers to see what they did differently from other seasoned lawyers in the firm. They discovered that the major rainmakers provided more than legal services to their clients. They became trusted advisors. As a result, executives turned to them again and again as a resource, regardless of their area of specialty or expertise, even to discuss non-legal matters. Those rainmakers were able to strengthen their relationship with the client, and at the same time cross-sell additional services of the firm.

How can you become a trusted advisor? You must be a good listener, because listening builds safety and trust. Listen without interrupting, and listen for more than the facts, legal issues and arguments to be made. A good listener notices the emotions of the client, such as fear, worry, anger, resentment, pride, hope and enthusiasm, which allow the listener to pick up on important unspoken cues and signals. Maintain eye contact with the speaker and allow him or her to speak without interruption. That demonstrates your respect and concern and builds rapport. If questions come up that need to be clarified, make a note of them and come back to them when the client finishes speaking.

Get your client or prospect talking by asking open-ended questions. Remember those TV shows where one person does all the talking, then goes away thinking the listener is a great conversationalist? Here are some open-ended questions that can establish your interest in the client’s welfare, while also exploring ways your firm can be of service:

• What keeps you up at night?
• What issues is your company facing these days?
• How do those issues impact the company?
• How are you impacted personally?
• What has worked with similar issues in the past?
• What hasn’t worked?
• What would success look like?
• How would success impact you personally?
• What kinds of changes in your industry or product/service are coming down the pike?
• What impact will that have?

As a trusted advisor you won’t jump in with a sales pitch or a litany of your firm’s attributes when you hear your prospect’s concerns and problems. After she has had the opportunity to tell you a lot about her challenges, however, you might describe how you successfully helped someone with a similar issue in the past. Success stories are memorable and more convincing than mere claims that you can do the job well.

Sometimes merely listening provides the most valuable service you can render to the client in the moment, and that investment saves you time and effort in the long run. If you are feeling impatient and wish the client would get to the point, you may need to shift your listening approach from evaluative to empathetic listening. Notice whether the client is feeling angry, nervous, hurt, worried, betrayed, distraught, disrespected, cheated or something else with regard to the events that brought him to your office. That information may help you design a better fitting solution. Make eye contact, nod, and give other verbal or non-verbal signals that you are tracking what the client is saying. Don’t jump in with problem-solving just yet. Once the client feels heard he will feel safer and will be able to more rationally and reasonably discuss the appropriate action with you. Now you can ask your evaluative questions.

In the increasingly competitive legal world, success depends on more than legal expertise. Become a trusted advisor by learning to talk less, listen more, and recognize when to shift your listening approach. You’ll know you are a good listener when the trust you engender breeds loyalty, repeat business and referrals from your clients.

Last week, Debra joined us for a Total Expert Radio segment on the Power of Listening for Lawyers.  Generating business and building client relationships is just one area in which listening can help attorneys keep things running smoother, improve relationships, cut through conflict and move forward more productively and profitably.  If you missed the show, listen to the recording: The Power of Listening for Lawyers

• Significant news for virtual attorneys wishing to practice in New York State:  Earlier this week, the U.S. District Court for the Northern District of New York declared New York Judiciary Law Section 470 unconstitutional.  The court ruled that the provision, which required a non-resident attorney practicing in New York state to maintain an office in the state, violated the Privileges and Immunities Clause of the U.S. Constitution.  It remains to be seen how challenges to similar statutes/rules play out in other states and/or on appeal, but this ruling is encouraging for those taking advantage of technology to practice law across state lines.

• Most of us are looking back this week, as the ten-year anniversary of the September 11 attacks approaches.  Former White House counsel John Dean shifts away from the "where were you in that moment?" memories and survivor stories to look at the lasting impact the 9/11/2001 had on our country and, in particular, on American law:  Reflections on the 9/11 Attacks' Lasting Impact on America, and American Law

• If you've lost track of the score on the Patient Protection and Affordable Care Act, this short Jurist article includes the links to bring you up to speed.  The short answer:  the 4th Circuit Court of Appeals decisions this week don't have much impact on the existing split.  The decisions were based on ripeness/standing and didn't address substantive issues.  Meanwhile, the 6th Circuit upheld the law and the 11th struck down the individual mandate. The 6th Circuit case has been appealed to the U.S. Supreme Court.

• The Texas Lawyer takes an in-depth look at solo practice incubators, designed to help new and relatively new attorneys hang out their shingles. Though the first law school incubator (connected with City University of New York) started up in 2007, it wasn't until the economy took a downturn and jobs started drying up before other law schools and even bar associations started taking a closer look at the concept.  Let's hope the interest in giving law students and recent graduates the tools they need to practice law continues to build.

We know that many small firm and solo attorneys whose practices were affected by Hurricane Irene are struggling to keep up with obligations to their clients, maintain communication and keep their businesses operating during this difficult time.

In order to make it easier for you to do so, we’ve decided to offer any attorney whose ability to maintain his or her practice was impacted by Hurricane Irene free access to our web-based law practice management platform for six months. 

The platform will allow you to maintain case files and communicate with clients in the cloud, so that you don’t need physical office space or access to hard copy files or office computers to keep things running and stay in touch with your clients.

If your office was damaged or you’ve lost computers and access to files because of Irene, we want to help you keep your business operating. If web-based case management will help you begin to rebuild, call Jenni Lubke or Chelsey Lambert at 1-800-535-1510.

This post contributed by Paramjit L. Mahli of The Rainmakers Roundtable, a source of business development for lawyers and professionals who no longer want to experience the cycles of feast or famine and are ready to grow their businesses with clarity and ease.  Contact her at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

In this fast paced world of instant communication and self appointed experts traditional public relations is more important than ever before.  Believe it or not, there is a difference between self-appointed Gurus on social media and those portrayed as knowledgeable, credible sources in the media.  The missing factor is lawyers failing to capitalize on public relations opportunities, particularly those lawyers in small firms and living outside of the urban metropolitan areas. Frequent reasons attorneys cite for not incorporating public relations are not having enough time, a lack of understanding of its role, or the dearth of resources to make public relations part of their business development plans.

Too often this is coupled with stereotypes of the press, such as reporters’ interest lying with big law firm news or their only wanting the drama and not the facts, and the cynicism reporters have towards attorneys.  It’s no surprise that media relations is frequently relegated to the bottom of business development activities, particularly if the firm has already achieved some “visibility” that did not result in new clients.

Nothing could be further from the truth. Every day hundreds of small and medium-sized law firm are quoted in widely-read publications, raising awareness of their firm and gaining credibility as knowledgeable professionals in the marketplace. Firms that don't realize this suffer from missed clients.

A good pr plan is at the heart of every good business development strategy. It will:

•       Build awareness
•       Position the firm's attorneys in their legal area of expertise
•       Position the firm as a value added contributor for the legal industry nationally and locally
•       Build goodwill among your key constituents
•       Educate and persuade your target audience
•       Have benchmarks in place

What is essential to the success of any plan is to understand that public relations like most marketing activities requires hard work. Distributing the odd press release by the paralegal or office manager who is wearing multiple hats will not generate calls from the press. Rather a disservice is being committed, you are taking them away from billable work.

The irony of course, is that both groups need each other for their work. Reporters are continually seeking sources for their stories, and attorneys need to get more than their qualifications, out in the market place in other words, they need to get known in their target market.

Start your 101 PR efforts by joining the Legal PR Network for FREE. Since the network was made free, we’ve had media requests looking for legal input on drivers licenses/insurance, the former IMF chief case and banking disclosures. These are just a few of the requests reporters have sent us have the last few months.

This is the first in a new series of weekly round-ups: each week, we'll share noteworthy legal news, law practice management tips, hot stories, upcoming events and more--whatever we think will be useful to solo and small firm attorneys

Second State Bar Proposes to Allow Online "Daily Deals":  Should attorneys be able to participate in "daily deal" advertising outlets like Groupon?  Recently, South Carolina said "yes" in Formal Ethics Opinion 11-05.  With some cautions and qualifications, the South Carolina Bar determined that such advertising efforts did not in and of themselves constitute fee splitting. Now, North Carolina has proposed a similar opinion granting cautious approval to the use of such services.  Stephanie Kimbro takes a look at the proposed rule and the key points in both opinions in this

InsideLegal's Jobst Elder shares five things he learned at the International Legal Technology Association's annual conference on Daily Dispatch.  In addition to news shared at the conference and some should-be-common-sense advice from panelists, the post includes a link to download materials from the conference.

Don't miss Helen W. Gunnarsson's "The Five Biggest Business Mistakes Lawyers Make" in the Illinois State Bar Association Journal. The crux of Gunnarsson's discussion (which will come as no surprise to most of us) is that many lawyers sell themselves short, undervalue their services and make too many accommodations in order to attract clients without recognizing that there's no real payoff and a lot of lost time and reduced revenue. The "five mistakes" referenced in the title are based on a breakdown by Timothy J. Storm, who will speak on the issue at the upcoming ISBA Solo and Small Firm Conference in Springfield, IL.

Most of us probably don't give a lot of thought to our headshots, but as this piece in Lawyers Weekly points out, that photo is often the basis for a prospective client's first impression.  Donalee Moulton walks through far more considerations than most of us have taken into account when choosing our website photos, some of which may be a bit controversial--I'm looking forward to comments on this one.  Note: If you're revamping your online image with a new headshot, you'll also want to keep an eye out for our upcoming guest post from Russ Korins on creating a winning attorney bio.

The legal industry is changing and attorneys hear every day that they must change with it--or better yet, get ahead of the curve--or be left behind.  It's all true, but that doesn't mean that every change is a good one or that attorneys should rush forward without understanding the specific benefits of new technologies and opportunities or creating a strategic plan.

In the summer edition of the ABA GPSolo Divisions Law Trends & News, our President, Kevin Chern, talks about how to assess which changes are right for your law firm and avoid jumping on the wrong bandwagon.

What you really need isn’t just to be aware that changes are coming or to be open to change, but to assess the new opportunities that are available to you now and make realistic decisions about which will save you time, save you money, help you reach a broader client base, allow you to provide better client service, or help you meet other concrete goals for your law practice.

Read the full article here:  Change is Good - When It's Strategic