standards

98 – Delisi Friday – Scaling Your Law Firm, Your Way

In this episode of the Trial Lawyer Nation podcast, Michael Cowen sits down once again with his Chief Marketing Officer, Delisi Friday, to discuss law firm growth and how they’ve scaled their firm over the years in the way that best suited their goals.

The pair begins the episode with a look at the motivation for their most recent hiring expansion and how they knew it was time to grow. Delisi shares her frustration on the marketing and intake side, where she would receive a new case and have to decide between overwhelming an attorney with an already large docket or rejecting a case she would normally accept.

Michael echoes this sentiment and adds that rejecting “bread and butter” cases from referral partners was hard to do at times but needed to be done to ensure that the proper time and care was being put into existing cases; and that his staff was not going to be stretched too thin. This is how they knew it was time to hire 3 new associate attorneys.

“I always want to market our firm honestly, and I want us to fulfill our promises as well.” – Delisi Friday

Following this, Delisi asks Michael how he knows when the firm needs to grow and how to figure this out. Michael breaks down his answer in two points:

  1. “If I see the workloads on my people are becoming unhealthy.”
  2. “If [I’m] having to turn down things [I] wish we could keep,” paired with asking yourself, “Am I having to turn down enough things that justify hiring someone else?”

Adding onto these points, Michael says he saw that his firm was at the point where they had to hire more lawyers or start saying “no” to cases at a rate that he felt would damage his referral relationships. To this, Delisi brings up the firm’s weekly docket discussions. During these meetings, she not only brings up the number of cases on attorney dockets, but also the phases of those cases to properly assess if they have the bandwidth for more cases. Michael then discusses doing something similar in his monthly attorney development meetings and adds that a further challenge is getting lawyers to trust him enough to tell him when they are overwhelmed.

“I have to prove to them that I’m worthy of their trust … [by taking] steps to help and not punishing them for being overloaded.” – Michael Cowen

Delisi then asks Michael how he decides how he’s going to grow, to which he explains why he looks for what the pain points are and what type of hire would resolve them in the most efficient and logical way. This leads them to discuss the pros and cons of hiring an experienced lawyer, which has historically not had the best “hit rate” at their firm. This, according to them, is due to the firm’s established culture, procedures, and systems, which many experienced lawyers may find difficult to adjust to; having been trained in and working under different systems and procedures beforehand.

“I can’t do legal work, market the firm, and run a 33-employee firm.” – Michael Cowen

Michael then touches on the fear associated with growth; more specifically the fear of letting responsibilities go. He goes on to say that finding and hiring the right manager to cover those responsibilities and run with them is essential. By hiring and promoting the right people, such as his firm operations and intake managers, Teresa and Delisi respectively, most of those fears and anxieties have subsided while productivity and efficacy have only increased.

Building from this conversation, Delisi asks Michael what he’s learned along the way from scaling his firm and his advice for other lawyers, which he breaks down into 3 main points.

  1. Do you want to grow?
  2. Is this a temporary bump, or do you have a sustainable flow of business where it makes economic sense to grow?
  3. Do you have the cash flow to grow?

Throughout these points, Michael notes that growth is not for everyone, and it’s not the only way to build a successful and profitable practice.

“You should grow if it’s going to fulfill you, and if it’s what YOU want to do.”– Michael Cowen

Delisi then adds how every year, they seem to bring in roughly the same number of new cases without even realizing it, month-to-month. Michael clarifies that while this doesn’t sound like growth, the value of those new cases grows with each year, which reflects the growth model his firm follows. This is tracked through a concept learned from former podcast guest Chad Dudley, called the 5-Star Case Rating system, which assigns each case a star rating based on a variety of factors, and helps to accurately analyze a lawyer’s docket and the firm’s entire case load.

“We may have the exact same number of cases that we did last year, but the type of cases, the quality, and what our projected attorney’s fees are going to be vastly different.” – Delisi Friday

Michael then shares that growth isn’t always about adding more lawyers, but frequently requires more paralegals, marketers, or other positions. This leads Delisi to dig deeper into the onboarding and training process for all these new hires, especially the young lawyers.

Michael answers candidly, sharing how large the time commitment is to bring someone completely new and inexperienced up to speed. But, from his experience, the more time you put in up front, the better the outcome is in the long run. He elaborates on this sentiment by sharing his lengthy 3-step deposition training process with new hire lawyers, an incredible training strategy which everyone considering hiring young lawyers would benefit from hearing.

Delisi then references Chad Dudley’s podcast episode once again, sharing his fantastic quote about how being a great tennis player doesn’t necessarily make you a great tennis coach. This leads Michael to share that, while he’s a great teacher, he doesn’t see himself as a great coach, something Delisi commends him for realizing.

“We have a promise we make to our referral partners that if you’re nice enough to bring us in on your case, we are going to do the case to this standard. Which means I have to enforce those standards at my firm.” – Michael Cowen

Michael and Delisi then discuss some of the challenges they’ve faced when hiring new lawyers. For the most part, it boils down to setting expectations and being willing to have tough conversations when those expectations aren’t being met. This has led them to their current strategy of hiring 3 lawyers who are all relatively young in their careers, something Michael has been very happy with, citing their energy and willingness to learn and adapt.

Delisi agrees and adds that these associate additions have required the senior attorneys to communicate more with each other, which has led to more idea sharing and even a hint of competitiveness, which has been fun and rewarding to see.

The pair wraps up the episode with their final thoughts on law firm growth. It’s been a wild, scary ride, but if you plan for it and grow at a rate you can handle while keeping an eye on your finances, it can be very rewarding.

This podcast episode also covers how to know when and why your lawyers are overwhelmed, why Michael likes promoting paralegals from within, a look at some of their past hiring mistakes, and so much more.

88 – Malorie Peacock – The 10 Commandments of Case Management

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his law partner Malorie Peacock, for a deep dive into their firm’s “10 Commandments of Case Management.” In addition to this, the two also discuss how they developed these standards for working up a case, how involving their team was essential to the long-term success of their plans, and how they intend to track progress moving forward.

Michael and Malorie begin the episode by jumping right into Commandment #1: setting up the initial client meeting. They discuss why meeting with the client in the beginning of a case is so crucial for building the attorney-client relationship, obtaining critical information to get the case on file, and making the client feel comfortable. They explain why the standard they landed on was to have the initial client meeting scheduled within 7 days of the case being assigned to a litigation team.

Moving on to Commandment #2, “the attorney will file suit within 60 days of the initial client meeting.” Michael begins by asking Malorie why he got talked into 60 days as opposed to his original thought of “within a week of having the file assigned.”

“I keep going back to the fact that these are minimum standards, so they’re something that we want to be able to apply in every single case, if possible.” – Malorie Peacock

Following up on this point, Malorie explains how one issue discussed on this topic was that the attorneys must meet with the client before filing the lawsuit; reiterating the importance of the initial client meeting and not only having it, but “getting it right.” The 60-day window allows for deeper research and investigation, as well as time to discuss with experts.

Continuing to the next Commandment (#3), the team discusses their standards for discovery; primarily written discovery and the involved mandatory disclosures. The standard ended up being to submit written discovery within 30 days of the date that discovery is allowed, depending on the rules and jurisdiction.

“We wanted to make sure that we weren’t encouraging people to just use forms; that we were still giving people time to think about it.” – Malorie Peacock

After a brief discussion, the team move on to Commandment #4, setting depositions. In this segment, Michael and Malorie explain that deposition dates should be scheduled within 45 days of when depositions are allowed to begin: again, depending on the rules and jurisdictions. “It’s making sure that we’re moving that ball forward to get the deposition scheduled,” Malorie says when discussing being aggressive with scheduling, adding onto this by stating, “delay is the friend of the defense … not the plaintiff.”

Commandment #5 establishes the team’s minimum standard of one file review per month. Michael then recites the detailed list of questions contained in these reviews, which, although they may seem extensive, are incredibly important to ensuring an effective file review.

Some monthly file review questions include:

  • Have we served all the defendants?
  • Do we need experts? If so, who have we hired or need to hire?
  • What should we do in the next 30 days to move this case closer to resolution?

Moving on from internal reviews and updates on a case, the team then discusses Commandment #6: client contact. These calls serve the dual-purpose of keeping the client informed as to the status of the case and what (if anything) has changed, as well as to check in with the client on a personal level.

“[Client contact] isn’t just talking to the client […] it’s a set of specific questions and information that need to be relayed to the client, and that the client needs to relay to us.” – Malorie Peacock

Commandment #7 is simply getting a scheduling order or, depending on the jurisdiction, a trial date; the deadline for this being 120 days from the time that the first defendant files an answer. “We do have some exceptions for this one based on what the court will allow and what the rules of civil procedure in that jurisdiction permit you to do.” The two continue this topic by going into detail on the exceptions they foresee regarding this commandment.

The next Commandment (#8) involves implementing a strategy to set appropriate settlement values for cases: “an attorney must present their case to the weekly roundtable before sending a demand or engaging in settlement negotiations.”

Malorie happily steps forward to discuss this commandment, citing it as “one of [my] favorite things we’ve implemented this year.” Malorie explains how during these roundtables, Cowen Rodriguez Peacock lawyers present their case(s) with the purpose of discussing the case and valuation with the team, with the goal of gaining insight and learning from those with more experience.

Michael moves on to one of the self-confessed “least popular” yet still important Commandment (#9): attorneys must submit a report 90 days before the expert deadline and 90 days before trial, to be filled out and submitted to Michael. The importance of this commandment can be summarized by this short but sweet quote from Michael on the subject.

“Less than 90 days, you don’t have time to fix things.” – Michael Cowen

Michael and Malorie continue the discussion of their firm’s commandments with #10: any case that might go to trial, the attorney must set a pre-trial meeting with Michael at least 60 days before the discovery deadline.

“I want to be able to brainstorm with people, come up with exhibit ideas, come up with testimony ideas, but I need to do it at least 60 days before the discovery deadline because [invariably] I come up with ideas that require us to find additional witnesses, documents, visuals, those kinds of things. You need [those items] created, found, and disclosed to the other side in time to use them for trial.” – Michael Cowen

The episode closes with Michael and Malorie adding that an important factor that cannot be overlooked when discussing the standards presented in this episode is the inclusion of the team’s input during the creation of said standards.

“We turned down people’s ideas, we accepted people’s ideas, but we all had a long, lively conversation about it. At the end, I think everybody agreed with every single standard on the list because they felt heard out, and now they understand the perspective of it.” – Malorie Peacock

This episode also discusses the star rating, the fine line between too much detail and not enough, pre-trial checklists, and more.

 

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