Oct
5
Learn the Bankruptcy Basics from a Los Angeles Bankruptcy Lawyer
Filed Under Affiliate Programs | Comments Off
State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:
Bankruptcy: Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.
There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk’s offices. You can find a list of California Bankruptcy courts in our articles section.
The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.
A debtor’s involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a “341 meeting” because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial “fresh start” from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:
[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.
Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge, and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt after the bankruptcy case is concluded.
Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them.
Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor’s estate, reduces them to cash, and makes distributions to creditors, subject to the debtor’s right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor’s assets. These cases are called “no-asset cases.” A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a “means test” to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.
Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.
Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.
Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.
Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.
The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries.
In addition to the basic types of bankruptcy cases, our Bankruptcy Basics section provides an overview of the Servicemembers’ Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.
This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act (”SIPA”). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer.
The bankruptcy process is complex and relies on legal concepts like the “automatic stay,” “discharge,” “exemptions,” and “assume.” Therefore, you can find in our articles section a glossary of Bankruptcy Terminology which explains, in layman’s terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code.
AUBREY
Bankruptcy: Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.
There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk’s offices. You can find a list of California Bankruptcy courts in our articles section.
The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.
A debtor’s involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a “341 meeting” because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial “fresh start” from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:
[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.
___________________________________________________________________
Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge, and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt after the bankruptcy case is concluded.
Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them.
Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor’s estate, reduces them to cash, and makes distributions to creditors, subject to the debtor’s right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor’s assets. These cases are called “no-asset cases.” A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a “means test” to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.
Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.
Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.
Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.
Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.
The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries.
In addition to the basic types of bankruptcy cases, our Bankruptcy Basics section provides an overview of the Servicemembers’ Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.
This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act (”SIPA”). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer.
The bankruptcy process is complex and relies on legal concepts like the “automatic stay,” “discharge,” “exemptions,” and “assume.” Therefore, you can find in our articles section a glossary of Bankruptcy Terminology which explains, in layman’s terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code.
AUBREY
May
20
Lawyer Marketing - How You Create Breakthrough Success
Filed Under Affiliate Programs | Comments Off
Henry Harlow asked:
Lawyer marketing and the “manager’s mantra” go together. Never heard the manager’s mantra? The “manager’s mantra” is an important variable in successful legal marketing. The manager’s mantra is “If you can’t measure it, you can’t manage it.” Well, that is nice Henry and how will that help me?
Most attorneys have some sort of referral network (if only a small one) however; attorneys really don’t know how to manage their lawyer marketing so that their referral network expands. The first step in this expansion is to know where you are and then you can figure out how to get to where you want to go. Yes, it is important to understand the geographics, demographics and psychographics of your referral sources/clients for sure and you need a lawyer marketing management system. By understanding more about how to manage your legal marketing referral sources, you can grow this referral network and boost your attorney marketing efforts with less work on your part.
What Your Expanded Lawyer Marketing Referral Base Delivers To You
What does having this lawyer marketing management system in place mean for you? If you are working your legal marketing referral sources well, you are building a base that will make a significant impact on your bottom line, as I am sure you know. You will be sent more business and be able to retain more quality business that will in turn send you more quality business. You will have an easier time saying no to mediocre or poor cases and holding out for top dollar cases. You can even pass on work that simply does not appeal to you personally if you know that your lawyer marketing referral base will consistently deliver.
Professional marketers know the process of wooing a referral base involves creating “know, like, trust, relationship, credibility, and top of mind awareness (TOMA)” with your legal marketing referral sources. I think you see the benefits clearly so lets move on to giving you the management tool to make it a reality.
Measuring a Lawyer Marketing Referral Base
Lawyer marketing is not always and exact science and that does not keep us from keeping statistics. The “game” of legal marketing will be improved just like keeping statistics in baseball, football or hockey improves performance. The tool we will use consists of four basic lists to measure your legal marketing referral base as it exists currently and see where your attorney marketing time needs to be focused thus putting your resources into those referral sources with the potential for the most return.
The first list is called the “Top 20″ List. If you only have a few lawyer marketing referral sources, obviously, it may only be the Top 10 or even the Top 2 List. But the first objective after listing your top lawyer marketing referral sources is to increase the list to 20 if it is not there already so that is why we call it the Top 20 list. In order to qualify for the Top 20 List, a referral source must have sent you X amount of business in the past year and has hit that level consistently over the last three years. Depending on your practice area, X may be one, two, or three very profitable cases. For example, if you are a PI lawyer you might consider X to equal the referral of at least one case that netted the practice over $25,000 in contingency fees (or set the benchmark higher or lower as you see fit). If you practice residential real estate then X might equal someone who sent you a minimum of 3 closings per month (again you can set this benchmark higher or lower depending on your current situation). Bottom line here is whether for PI, estate planning, family law, or real estate legal marketing, you will know what level is appropriate for your Top 20 level of lawyer marketing attention.
The second list is the “Farm Team” List. Here we are using a baseball metaphor of your Top 20 being the “major leagues” and this second list being the farm team in training for moving up to the big leagues of the Top 20. Your Farm Team List consists of those legal marketing referral sources who are between having at least tried to send you someone up to whatever you have set the threshold of being a Top 20 list member. This trying to send you someone can be as casual as a friend asking if his or her neighbour called you after being given your card by your friend. We all know that lawyer marketing is sometimes this accidental.
The third list is the “Who You Know” List and is similar to any standard networking list. It includes everyone you know, even everyone your spouse knows, as well as those people known by your family and your staff. Take this one out as far as you like. The bigger it gets the better for lawyer marketing.
Finally, there is the lawyer marketing “Categories List”. This is a list of professions and occupations in general that would have the capacity to refer business to you. There are no names on this list, only general occupations/professions. For example, a PI lawyer might list nurses, physical therapists, medical technicians, chiropractors, neurologist, plastic surgeons, orthopaedists etc. while a family lawyer might list psychologists, social workers, marriage counselors, CPAs, hairdressers, real estate lawyers, etc.
Working a Lawyer Marketing Referral Base
Now you have measured your lawyer marketing referral network what do you do with that list? Just to be sure I need to say every lawyer has as their best referral source category other lawyers so be sure to list all other practice areas that would have a particular ability to refer to your practice area on your categories list. Also every lawyer marketing system needs to list “current clients” as a category and put those clients on the Top 20 and Farm Team list as they move out of the Who You Know List since clients should be on the Who You Know List. Also some of your clients are in the categories you have listed and they need particular attention first in legal marketing.
The way you use the list in lawyer marketing is to pay particular attention first to building and maintaining relationships with your Top 20 and Farm Team List members. As you deepen and develop those relationships they will send you more clients than ever before since you are building “know, like, trust, relationship, credibility, and top of mind awareness (TOMA)” with these people. Ask the Top 20 and Farm Team members to introduce you to other people they know in the categories that have the ability to refer to you and they will. See if any of the Who You Know List members are in the categories you are seeking and cultivate those members. See if the Who You Know List members can introduce you to people on your categories list. You get the idea here. Over time you will fill your Top 20 and Farm Team lists thus only have time to devote to maintaining and building from them I am sure. Not sure how to do this entire legal marketing building from a communications perspective? Well, that is the subject of future articles, worth a visit to my website for more information or contact me and we can work on that together. You can master lawyer marketing I am certain.
ANTWAN
___________________________________________________________________
Lawyer marketing and the “manager’s mantra” go together. Never heard the manager’s mantra? The “manager’s mantra” is an important variable in successful legal marketing. The manager’s mantra is “If you can’t measure it, you can’t manage it.” Well, that is nice Henry and how will that help me?
Most attorneys have some sort of referral network (if only a small one) however; attorneys really don’t know how to manage their lawyer marketing so that their referral network expands. The first step in this expansion is to know where you are and then you can figure out how to get to where you want to go. Yes, it is important to understand the geographics, demographics and psychographics of your referral sources/clients for sure and you need a lawyer marketing management system. By understanding more about how to manage your legal marketing referral sources, you can grow this referral network and boost your attorney marketing efforts with less work on your part.
What Your Expanded Lawyer Marketing Referral Base Delivers To You
What does having this lawyer marketing management system in place mean for you? If you are working your legal marketing referral sources well, you are building a base that will make a significant impact on your bottom line, as I am sure you know. You will be sent more business and be able to retain more quality business that will in turn send you more quality business. You will have an easier time saying no to mediocre or poor cases and holding out for top dollar cases. You can even pass on work that simply does not appeal to you personally if you know that your lawyer marketing referral base will consistently deliver.
Professional marketers know the process of wooing a referral base involves creating “know, like, trust, relationship, credibility, and top of mind awareness (TOMA)” with your legal marketing referral sources. I think you see the benefits clearly so lets move on to giving you the management tool to make it a reality.
Measuring a Lawyer Marketing Referral Base
Lawyer marketing is not always and exact science and that does not keep us from keeping statistics. The “game” of legal marketing will be improved just like keeping statistics in baseball, football or hockey improves performance. The tool we will use consists of four basic lists to measure your legal marketing referral base as it exists currently and see where your attorney marketing time needs to be focused thus putting your resources into those referral sources with the potential for the most return.
The first list is called the “Top 20″ List. If you only have a few lawyer marketing referral sources, obviously, it may only be the Top 10 or even the Top 2 List. But the first objective after listing your top lawyer marketing referral sources is to increase the list to 20 if it is not there already so that is why we call it the Top 20 list. In order to qualify for the Top 20 List, a referral source must have sent you X amount of business in the past year and has hit that level consistently over the last three years. Depending on your practice area, X may be one, two, or three very profitable cases. For example, if you are a PI lawyer you might consider X to equal the referral of at least one case that netted the practice over $25,000 in contingency fees (or set the benchmark higher or lower as you see fit). If you practice residential real estate then X might equal someone who sent you a minimum of 3 closings per month (again you can set this benchmark higher or lower depending on your current situation). Bottom line here is whether for PI, estate planning, family law, or real estate legal marketing, you will know what level is appropriate for your Top 20 level of lawyer marketing attention.
The second list is the “Farm Team” List. Here we are using a baseball metaphor of your Top 20 being the “major leagues” and this second list being the farm team in training for moving up to the big leagues of the Top 20. Your Farm Team List consists of those legal marketing referral sources who are between having at least tried to send you someone up to whatever you have set the threshold of being a Top 20 list member. This trying to send you someone can be as casual as a friend asking if his or her neighbour called you after being given your card by your friend. We all know that lawyer marketing is sometimes this accidental.
The third list is the “Who You Know” List and is similar to any standard networking list. It includes everyone you know, even everyone your spouse knows, as well as those people known by your family and your staff. Take this one out as far as you like. The bigger it gets the better for lawyer marketing.
Finally, there is the lawyer marketing “Categories List”. This is a list of professions and occupations in general that would have the capacity to refer business to you. There are no names on this list, only general occupations/professions. For example, a PI lawyer might list nurses, physical therapists, medical technicians, chiropractors, neurologist, plastic surgeons, orthopaedists etc. while a family lawyer might list psychologists, social workers, marriage counselors, CPAs, hairdressers, real estate lawyers, etc.
Working a Lawyer Marketing Referral Base
Now you have measured your lawyer marketing referral network what do you do with that list? Just to be sure I need to say every lawyer has as their best referral source category other lawyers so be sure to list all other practice areas that would have a particular ability to refer to your practice area on your categories list. Also every lawyer marketing system needs to list “current clients” as a category and put those clients on the Top 20 and Farm Team list as they move out of the Who You Know List since clients should be on the Who You Know List. Also some of your clients are in the categories you have listed and they need particular attention first in legal marketing.
The way you use the list in lawyer marketing is to pay particular attention first to building and maintaining relationships with your Top 20 and Farm Team List members. As you deepen and develop those relationships they will send you more clients than ever before since you are building “know, like, trust, relationship, credibility, and top of mind awareness (TOMA)” with these people. Ask the Top 20 and Farm Team members to introduce you to other people they know in the categories that have the ability to refer to you and they will. See if any of the Who You Know List members are in the categories you are seeking and cultivate those members. See if the Who You Know List members can introduce you to people on your categories list. You get the idea here. Over time you will fill your Top 20 and Farm Team lists thus only have time to devote to maintaining and building from them I am sure. Not sure how to do this entire legal marketing building from a communications perspective? Well, that is the subject of future articles, worth a visit to my website for more information or contact me and we can work on that together. You can master lawyer marketing I am certain.
ANTWAN
May
10
Hiring The Best Lawyer
Filed Under Affiliate Programs | Comments Off
Robert Michael asked:
When you need to obtain a lawyer you want one who has an area of expertise in the field of which you need legal representation.
There are many different reasons why some one can be need of a lawyers service. That is why there are so many different lawyers to chose from. There are many areas of law in which a lawyer can specialize. You wouldn’t hire a tax lawyer to represent you in a car accident case.
Depending on your legal situation you may or may not need a lawyer. Some small claims court cases are easily handled by your own representation. This is why most lawyers offer free consultation services. It is after the initial consultation a lawyer can decide whether it is worth it for you to obtain their services. If it is decided you are in need of their service they then will present the cost of retaining their services. Retainer fees are the first payment just to obtain their service. They will also be able to tell you how much your total cost will be.
Some lawyers work on what is called contingency. Contingency is what the lawyer will earn if your case is won. There is usually no up front costs for this. The way it works is your lawyer will take around 33% of the money awarded to you in your case. So if you had a case that was for an award amount of $1500.00 your lawyer will take about $500.00 or so.
Hiring the right lawyer can be the key to winning your case, especially if you have a strong case. Some things you would want to know about your lawyer are their credentials. You would want to know how many cases they have won, their amount of court room experience, have they settled a lot of cases out of court and are they licensed to represent you in your state. You should feel comfortable and confident with the lawyer you chose. You should feel that you trust your lawyer can adequately handle your case. You could ask to see if they have a portfolio to help you determine whether they are good enough for you to hire.
Most people don’t ever anticipate a need for a lawyer so it is hard for them to know what to ask and do before obtaining their services. Unless you are a Business Corporation or proprietor you wouldn’t really already have your own lawyer. So if you find your self in need of a lawyers service you should ask them the right questions. Also remember this is something they may affect you financially or criminally. You don’t want a lawyer who takes on multiple cases at once for really low rates. You should feel that they are focused on your needs and are determined to win you case. You also want them available to answer your questions when you are feeling uncertain about your suit.
Remember this can be a win or lose situation and if you don’t chose wisely you may regret it.
RAPHAEL
When you need to obtain a lawyer you want one who has an area of expertise in the field of which you need legal representation.
There are many different reasons why some one can be need of a lawyers service. That is why there are so many different lawyers to chose from. There are many areas of law in which a lawyer can specialize. You wouldn’t hire a tax lawyer to represent you in a car accident case.
Depending on your legal situation you may or may not need a lawyer. Some small claims court cases are easily handled by your own representation. This is why most lawyers offer free consultation services. It is after the initial consultation a lawyer can decide whether it is worth it for you to obtain their services. If it is decided you are in need of their service they then will present the cost of retaining their services. Retainer fees are the first payment just to obtain their service. They will also be able to tell you how much your total cost will be.
___________________________________________________________________
Some lawyers work on what is called contingency. Contingency is what the lawyer will earn if your case is won. There is usually no up front costs for this. The way it works is your lawyer will take around 33% of the money awarded to you in your case. So if you had a case that was for an award amount of $1500.00 your lawyer will take about $500.00 or so.
Hiring the right lawyer can be the key to winning your case, especially if you have a strong case. Some things you would want to know about your lawyer are their credentials. You would want to know how many cases they have won, their amount of court room experience, have they settled a lot of cases out of court and are they licensed to represent you in your state. You should feel comfortable and confident with the lawyer you chose. You should feel that you trust your lawyer can adequately handle your case. You could ask to see if they have a portfolio to help you determine whether they are good enough for you to hire.
Most people don’t ever anticipate a need for a lawyer so it is hard for them to know what to ask and do before obtaining their services. Unless you are a Business Corporation or proprietor you wouldn’t really already have your own lawyer. So if you find your self in need of a lawyers service you should ask them the right questions. Also remember this is something they may affect you financially or criminally. You don’t want a lawyer who takes on multiple cases at once for really low rates. You should feel that they are focused on your needs and are determined to win you case. You also want them available to answer your questions when you are feeling uncertain about your suit.
Remember this can be a win or lose situation and if you don’t chose wisely you may regret it.
RAPHAEL
May
9
Exporting American Lawyers To China
Filed Under Affiliate Programs | Comments Off
David Carnes asked:
A few decades ago there was hardly any such field as international law – only domestic law representing clients with funny sounding names. Although that situation has changed, the globe is not yet as borderless as the media would have us believe it is. Nevertheless, US lawyers are heading to China in increasing numbers to practice “cutting edge” foreign investment law, and many of these adventurers are fresh out of law school. Conventional wisdom has it that heading overseas straight out of law school will ruin your career back home should you ever want to relocate stateside.
I beg to differ. I know of a young man who graduated from law school in the mid-nineties with a high GPA, fluency in Mandarin Chinese, and experience as a Summer Associate in the Beijing office of a major international law firm. He had caught the “Asia bug” and returned so fast that his diploma had to be mailed to him across the Pacific. Around the turn of the millennium he returned to the US to test out the theory that “you can’t go home again”. With only a few months of effort he was able to land a premium position as a delivery driver for Pizza Hut, making a full dollar an hour above minimum wage (plus tips!).
Let’s get serious. Before you take a leap across the Pacific, take a look in the mirror and ask yourself this question: “Am I an ‘international Lawyer’, or am I an ‘International lawyer’?” (note the differences in capitalization). What’s Plan B in case practicing law in China falls through? Will you be practicing law in the United States, or will you be teaching English in China? What excites you about China law – China, or law?
Because when all is said and done, an office is an office whether it’s in Beijing, New York, or London. And like it or not, the inside of an office is where the average lawyer spends most of his/her waking hours. Likewise, legal work is legal work; there’s not any exciting difference between systems of business law whether you’re consulting with clients and drafting documents in Mandarin Chinese, English, or Serbo-Croatian.
Then there’s the Prestige Factor. It’s very stylish these days for medium and large sized law firms to prattle on and on about “our China Office” – and what’s more, a China office allows for the issuance of impressive-looking bilingual business cards. It’s become such a potent status symbol that many firms (I strongly suspect) are holding on to money-losing offices in China just so they can keep Beijing on the list of cities where their firm has offices. Medium sized law firms in particular like to set up China offices to prove to their clients their status as Big Time International Players - sort of like the teenager who won’t shave off his peach fuzz because it “proves I’m a man”.
Better to forget about the prestige factor involved in practicing international law overseas. Holding a prestigious job is like marrying a fashion model - it’s cool at first, but hey, law is a jealous mistress – after a couple of months the magic wears off and you’re going to have to live with her day after day, for better or for worse.
Anyway, “our China Office” really means “our China Rep Office”. Keep in mind that in China, representative offices may not engage in profit-generating activities. So how do US law firms get away with it? To be sure, a few of them are mostly engaged in the Western legal side of sophisticated cross-border transactions (and thus not generally in the market for new graduates), but the rest are practicing Chinese law illegally. They get away with this in Beijing and Hong Kong (not so often in Shanghai) because the Chinese authorities turn their heads, ignoring the wounded howls of jilted (and well-qualified) Chinese lawyers. The reality is that many foreign investors still feel more comfortable retaining US lawyers even though top Chinese lawyers are far better able to understand legal and linguistic nuances that American lawyers are likely to overlook.
In other words, US lawyers are tolerated by the Chinese authorities because they help attract foreign investment. When the English language ability of Chinese lawyers improves enough to inspire greater confidence among foreign investors, the Chinese government may start rolling up the welcome mat under the feet of American lawyers. And it won’t even take a new law to throw them out - only enforcement of existing law. Imagine the spectacle of former China investment lawyers returning to the US wearing sandwich boards reading “Will Litigate for Food”. Don’t get caught in mid-career all dressed up with no place to go.
The god news is, there is a loophole: China allows legal advisors who are not admitted to the local bar association to work in certain jobs that would require bar membership in the US. Included among such positions is corporate counsel - at their best, 9 to 5 jobs that come with six-figure incomes. In case six figures isn’t enough for you, these positions often provide opportunities for greater wealth as the company grows - stock options, for example.
Forget the international law firms doing the big **** deals. If you are dead-set on China law, then grind out 2-4 years of business law experience in the US, and look for a job in the legal department of the China office of a Western multinational.
ELVIS
A few decades ago there was hardly any such field as international law – only domestic law representing clients with funny sounding names. Although that situation has changed, the globe is not yet as borderless as the media would have us believe it is. Nevertheless, US lawyers are heading to China in increasing numbers to practice “cutting edge” foreign investment law, and many of these adventurers are fresh out of law school. Conventional wisdom has it that heading overseas straight out of law school will ruin your career back home should you ever want to relocate stateside.
I beg to differ. I know of a young man who graduated from law school in the mid-nineties with a high GPA, fluency in Mandarin Chinese, and experience as a Summer Associate in the Beijing office of a major international law firm. He had caught the “Asia bug” and returned so fast that his diploma had to be mailed to him across the Pacific. Around the turn of the millennium he returned to the US to test out the theory that “you can’t go home again”. With only a few months of effort he was able to land a premium position as a delivery driver for Pizza Hut, making a full dollar an hour above minimum wage (plus tips!).
Let’s get serious. Before you take a leap across the Pacific, take a look in the mirror and ask yourself this question: “Am I an ‘international Lawyer’, or am I an ‘International lawyer’?” (note the differences in capitalization). What’s Plan B in case practicing law in China falls through? Will you be practicing law in the United States, or will you be teaching English in China? What excites you about China law – China, or law?
Because when all is said and done, an office is an office whether it’s in Beijing, New York, or London. And like it or not, the inside of an office is where the average lawyer spends most of his/her waking hours. Likewise, legal work is legal work; there’s not any exciting difference between systems of business law whether you’re consulting with clients and drafting documents in Mandarin Chinese, English, or Serbo-Croatian.
Then there’s the Prestige Factor. It’s very stylish these days for medium and large sized law firms to prattle on and on about “our China Office” – and what’s more, a China office allows for the issuance of impressive-looking bilingual business cards. It’s become such a potent status symbol that many firms (I strongly suspect) are holding on to money-losing offices in China just so they can keep Beijing on the list of cities where their firm has offices. Medium sized law firms in particular like to set up China offices to prove to their clients their status as Big Time International Players - sort of like the teenager who won’t shave off his peach fuzz because it “proves I’m a man”.
Better to forget about the prestige factor involved in practicing international law overseas. Holding a prestigious job is like marrying a fashion model - it’s cool at first, but hey, law is a jealous mistress – after a couple of months the magic wears off and you’re going to have to live with her day after day, for better or for worse.
Anyway, “our China Office” really means “our China Rep Office”. Keep in mind that in China, representative offices may not engage in profit-generating activities. So how do US law firms get away with it? To be sure, a few of them are mostly engaged in the Western legal side of sophisticated cross-border transactions (and thus not generally in the market for new graduates), but the rest are practicing Chinese law illegally. They get away with this in Beijing and Hong Kong (not so often in Shanghai) because the Chinese authorities turn their heads, ignoring the wounded howls of jilted (and well-qualified) Chinese lawyers. The reality is that many foreign investors still feel more comfortable retaining US lawyers even though top Chinese lawyers are far better able to understand legal and linguistic nuances that American lawyers are likely to overlook.
In other words, US lawyers are tolerated by the Chinese authorities because they help attract foreign investment. When the English language ability of Chinese lawyers improves enough to inspire greater confidence among foreign investors, the Chinese government may start rolling up the welcome mat under the feet of American lawyers. And it won’t even take a new law to throw them out - only enforcement of existing law. Imagine the spectacle of former China investment lawyers returning to the US wearing sandwich boards reading “Will Litigate for Food”. Don’t get caught in mid-career all dressed up with no place to go.
The god news is, there is a loophole: China allows legal advisors who are not admitted to the local bar association to work in certain jobs that would require bar membership in the US. Included among such positions is corporate counsel - at their best, 9 to 5 jobs that come with six-figure incomes. In case six figures isn’t enough for you, these positions often provide opportunities for greater wealth as the company grows - stock options, for example.
Forget the international law firms doing the big **** deals. If you are dead-set on China law, then grind out 2-4 years of business law experience in the US, and look for a job in the legal department of the China office of a Western multinational.
ELVIS