Wednesday, September 5, 2007

Going Solo - The Secrets to Starting a Successful Law Practice

If you watch movies, you are undoubtedly already sold on establishing your own law firm. You will drive a Porsche (remember Jan Schlictmann in A Civil Action) and have a paralegal that looks like Julia Roberts (Erin Brockovich). You will be sleeping with beautiful office colleagues (Ally McBeal) and fighting society-changing cases (Philadelphia or To Kill A Mockingbird). You do not really even need to be a lawyer (My Cousin Vinny). And the funny thing is--it is all true. So how, you ask yourself, do you live this glamorous life? Here are the little known secrets to a successful practice:

Get Confidence.

A quick review of various articles and books on starting your own practice will likely zap your confidence and fill you with doubt. Moreover, your practice will undoubtedly be busy on some days but slow on others. Do not get bogged down in worrying where your next payment is coming from. Believe that it will come and, in the meantime, work on marketing your practice or taking care of the clients you do have.

Practice pointer: Have faith. Think of all of the attorneys you know who have their own practice or a small firm and who you know are terrible attorneys. If they can make it, you can make it.

Find Mentors.

There is no need to reinvent the wheel and forge a new path. Learn from other's mistakes. Seek out mentors who can serve as a resource as you set up your practice and deal with day-to-day issues that arise. Read books and articles on well-known lawyers to learn what makes them successful.

Practice pointer: Call sole practitioners you know and ask them to coffee or lunch. Ask them how they got started and what lessons they learned.

Do Your Research.

Look through books and articles on setting up your own firm for checklists on the minutiae of starting your own practice. A good resource is How To Start & Build A Law Practice by Jay Foonberg. The State Bar also prints a book called Opening A Law Office. Learn about trust accounts, attorney-client retainer agreements, conflicts of interest, malpractice insurance and the "business" of law.

Practice Pointer: Check out eBay for less expensive, used copies or search for books at your city's main library. The State Bar website has sample Attorney-Client Retainer Agreements.

Avoid Overhead.

Focus on building income rather than building expenses. Many attorneys are working from home. You can sign up for a corporate identity package with an executive suite. These packages give you an office address and telephone number, the use of conference rooms if you need to meet with clients and various other office amenities. If you are looking for an office, consider a short term licensing agreement versus a long term lease. Do not forget everything that you need to make an office usable: telephones, a copy machine, computers, printers, a postage machine, a Westlaw or Lexis/Nexis subscription and office supplies. Subleasing an office from a law firm or renting from an executive suite will help you keep costs down since they already have a telephone system, a copier and the like.

Consider being of counsel to a firm who can refer hourly contract work to you while you build your practice. Consider doing contract work for other attorneys to bring in income. Unless you are independently wealthy, remember to budget in your day-to-day living expenses for the first few months when you may not collect any payments.

Write Down Your Goals.

It is said that most people spend more time planning a dinner party than they spend planning their life. It is easy to get bogged down in the emergency of the day. Set aside time to consider the big picture: what type of practice do you want to build? If asked, have you thought through a 50 word description of your practice that you can present with confidence? Develop a marketing plan to reach your potential clients.

Practice Pointer: Spend a day away from everything and everyone where you can focus on your plan without any distractions. Turn off your phone and the radio. Take a blank pad of paper and brainstorm uninterrupted for at least one hour.

Work Efficiently.

Once you have set your goals, start each day with a list of what it is that you want to accomplish that day. Stick to the list and check off each task as you complete it. Do not start each day reacting to the latest e-mail. In fact, do not even look at your e-mail during the first few hours of the day. It is too easy to get distracted from the goals you have set. Do not let others determine what you will work on each day.

Practice Pointer: Turn off the automatic notification on your e-mail and only check your e-mails in between other tasks. You will find that all of the urgent e-mails you receive are really not that urgent.

Leverage Yourself.

Recognize that your highest value activity is billing. As soon as possible, hire others (even on a part time or by assignment basis) to type, copy, file, bill and take care of other non-billable tasks. Internet services allow you to fax a document and receive back a typed Word document by email quickly and without the need to hire a temporary secretary. Look for ways to free up your time for marketing and billing.

Practice Pointer: Hire university students part time. They are smart, eager to learn and not expensive.

Solo or Partnership?

While it is easy to enter into a partnership, it can be extremely difficult to get out of one. Before entering into a partnership, make sure that you have a frank discussion with your potential partner about your goals, your business, your work style, your vision for the future and what you hope to achieve. How will you split the costs and income? If you decide to enter into a partnership, make sure that you have a well thought out partnership agreement which sets forth a dispute resolution mechanism in the event that the relationship sours. Think through the issues which may cause tension in the future and decide on how to resolve these disputes beforehand.

Learn the 15% Rule.

The 15% rule states that 15% of your clients are not worth the trouble and aggravation. When you are first starting out, you do not want to turn clients away. But some clients should be turned away. There will be clients who complain day in and day out. These same clients will fall behind on their bills but call you every twenty minutes. They will challenge every entry on your bill. They are more likely to sue you for malpractice, especially when you try to get them to pay their bills. Have the confidence to "unhire" these clients. There is no benefit in working for free and you will free yourself to find paying clients.

In the same vein, insist on a retainer large enough to commit your client. If the client cannot pay a retainer before hiring you, what makes you think they will be able to pay after you have completed the first month's worth of work (and paid for the expenses out of your own pocket)? When a client begins to fall behind on their bill, cut them off sooner rather than later. A deadbeat client will have more incentive to fight or sue you if he or she owes $40,000 rather than $4,000.

Practice Pointer: offer to discount a late bill if the client will pay immediately. Cash in hand can often be better than a large receivable.

Sell Value.

Clients typically seek a solution to their problems. While no client wants to pay for a lawyer or a legal dispute, price is typically not their primary motivating factor in hiring a lawyer. Instead, they want peace of mind from knowing that a qualified lawyer is going to resolve their dispute or structure their transaction.

Practice Pointer: Be confident in the rate you quote your client and do not discount it as a matter of course. Build a reputation for the service you provide and not for the "blue light specials" that you offer.

Take Action!

There is no substitute for just doing it. As lawyers we tend to sometimes overanalyze everything. Our clients are often those who jump right in and make things happen.

Practice Pointer: Be willing to take risks and, again, have faith that you will succeed.

Laine T. Wagenseller is the founder of Wagenseller Law Firm, a full service real estate litigation firm in downtown Los Angeles. The firm represents real estate developers, owners, and investors. For more information visit http://www.wagensellerlaw.com or contact Mr. Wagenseller at (213) 996-8338.

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ATV - All Terrain Vehicle

ATV: All Terrain Vehicles - There is a lot of different ways that people like to travel: walking, running, driving and flying are just a few methods of transportation that is used. In the area of driving there are many types of vehicles that are used. However, some people like to use the all terrain vehicle, or ATV, a 4 wheeler, for their local traveling needs as well as entertainment. These 4 wheeled dirt bikes have the capability of going over all most all types of terrain except water.

ATVs are divided into 2 categories: the sports ATV and the utility ATV. The utility ATVs are used mainly for farming and construction. The sports ATVs are used mainly for their ability to tackle terrain that some of the other conventional sports vehicles have trouble with. For instance there is no problem for the Polaris brand of all terrain vehicle to drive through muddy or swampy type ground without causing its driver any steering difficulties. Also, the Polaris has a 1,225 pound towing capability as well. This makes the Polaris an excellent choice when you need to work in difficult and challenging situations.

The favorites for the best ATV sports look and performance are Honda, Kawasaki, Suzuki and Yamaha.

For more information visit:

http://www.agape-internet-marketing.com/websites/atv/

Different companies that manufacture ATVs also create gear and accessories that can be used for the ATV 4 wheelers such as protective clothing and helmets.

There are many different types of ATV 4 wheelers on the market. Finding one that suits your lifestyle should not be difficult.

For the discerning drivers there are high standard ATV 4 wheelers that will place them in the heart of what being an ATV 4 wheel owner is all about.

All terrain vehicle owners are individuals with the ability to face whatever life throws at them with style and a zest for life.

Anthony Benjamin is an avid world traveler, lover of nature and animals. He loves to write and share his wealth of information and adventures in his writings. His favorite place to retreat and write is his summer home, secluded high on a mountaintop in the Great Smoky Mountains. A visit to his website is a true delight: http://www.appalachian-treasures.com

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Golf Cart Improvements From The 1960's to Today

Golf cars today come in a wide range of formats and are more generally used to convey small numbers of passengers short distances at relatively medium speeds.They are generally 4' x 8' x 6' high and weigh 900-1,000 pounds.

Most golf courses are about 7,000 yards in length, which equates to about four miles. That measurement is normally measured in an almost straight line from the tee box to the center of the cup on each hole.

However, most golfers do not hit the ball in a straight line down the course from hole to hole.In fact, for many of us, it seems we spend our entire round zigzagging the course.

Until the 1960's, most golf courses were played exclusively on foot. Golfers would carry their own bags, or pull them behind them on a pull cart.

For those who were fortunate enough to play golf at country clubs, caddies were provided to carry the players clubs, but most were still looking at a five-mile walk.

Additionally, because walking is such a slow pace, many courses would have to schedule tee times at intervals that would accommodate walking.

This changed in 1962 when Merlin L.Halvorson invented the first self-propelled golf car. A golf cart is something that is pulled and a golf car is something that propels itself.

Somehow, this terminology has become confused and intertwined over the years but when someone says golf cart, the normally think of the vehicle that one rides in on a golf course.

In the 1960's, the game and technology evolved with the development of the modern day golf car. These cars were built with gasoline motors to transport two golfers, and their golf clubs, around the course.The major manufacturers at the time were E-Z-GO, Pargo, Harley Davidson and Cushman.

The body frames, the undercarriage and suspensions closely resemble those of modern automobiles. The rubber tires are similar to those on cars, but the treads are designed in a way that the cart may be driving on grass and not damage the turf on a golf course.

Controls include a modern steering wheel, accelerator and brake, where the brake also has a lock, to ensure that the car does not roll freely on inclines.

Accessories on the modern golf cart include straps to secure the golf bags, a basket (for towels, balls, coolers, etc), cup holders, ball compartments and holes that golfers can slide a few extra golf tees into.

To be more environmentally friendly, many golf carts are now manufactured with electric, battery powered motors. These batteries are rechargeable, and a charge can normally last through several days and rounds of golf. However, there is still demand for the gas powered golf cars, especially on golf courses where the rolling terrain may require extra horsepower for the car to climb hills.

There are 3 main manufacturers of golf cars: Club Car, E-Z-GO, and Yamaha. Each have their own lines of after market parts to enhance off road capabilities (such as lift kits, larger tires with aggressive tread patterns, etc.).

There are also parts made to help in towing, such as hitch mounts, cargo boxes, radios, high-performance mufflers and air filters, high speed or torque gear sets, and custom paint/decal sets. There is even a "Hummer" golf car available from many dealers for around $25,000.00 US dollars.

Irene Forde is a writer and publisher of Leisure and Business publications.
Visit http://www.bettergolfingskills.com for a Free Report on the Golf-The Mental Game.

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Heartburn in Pregnancy Helpful Tips

Heartburn in pregnancy is caused by a muscular weakness. The muscle involved is the lower esophageal sphincter (LES), a ring of muscle between your stomach and esophagus. The LES is designed to relax when you swallow food so that the food can enter the stomach. Once the food is in the stomach, the LES is to tighten, keeping food and stomach acids from flowing back into your esophagus. If the LES always worked properly, no one would ever suffer heartburn in pregnancy.

Like many other parts of the body, however, the LES is affected by pregnancy. Heartburn in pregnancy is a frequent complaint.

Common Question about Heartburn in Pregnancy

When does heartburn start in pregnancy? How soon in pregnancy do you get heartburn? When should I expect heartburn in pregnancy? The question varies, but the answer is always the same. Heartburn in pregnancy usually begins around the fifth month. From that point forward, it may come and go until you give birth.

How do you treat heartburn in pregnancy?

Pregnancy Heartburn Treatment

Pregnancy heartburn treatment begins with an understanding of the relationship between heartburn and pregnancy. Why is it that at this time when you are so happy to be expecting, you suddenly have heartburn?

With pregnancy, the placenta produces progesterone, a hormone that relaxes the uterus' smooth muscles. It relaxes some other muscles, too, one of which can be the LES separating the esophagus and stomach. As progesterone relaxes the LES, it fails to close and/or remain tightly closed. This allows acids to flow back into the esophagus, causing heartburn. Progesterone also affects the contractions of the esophagus, slowing the wavelike action. This, too, contributes to heartburn in pregnancy.

As your pregnancy progresses and your baby grows, your abdominal cavity will become crowded. The limited space will be taken up increasingly by the growing, moving infant. This puts pressure on the stomach, which in turn pressures the LES to open. Heartburn can quickly result as stomach acids are pushed into the esophagus.

Steps of Pregnancy Heartburn Treatment

Your healthcare provider will warn you not to take medications that might harm the baby. There are steps you can take, however, to treat heartburn in pregnancy.

1. Watch your weight gain. Ask your physician how much you should reasonably gain, and be careful to keep your weight to that limit. Excess weight will place more pressure on the LES and increase heartburn.

2. Avoid tight clothing, especially around your waist and abdomen. Tight clothing also contributes to pressure on the LES muscle ring.

3. When bending, bend at the knees rather than at the waist. Bending at the waist is a common cause of heartburn in pregnancy.

4. Eat several small meals during the day in place of three larger meals. Eat slowly and chew your food well.

5. Have your last meal or snack at least two to three hours before bedtime. Allowing food to digest before you lie down can reduce heartburn.

6. Although you will want to drink eight to ten glasses of water daily, you should Avoid drinking large amounts of liquid during meals. Try to remember that a distended stomach will pressure the LES and cause heartburn.

7. Ward off potential heartburn by chewing gum after eating. The chewing action can help release air bubbles that contribute to heartburn and the gum stimulates the production of saliva, which can help neutralize acid.

CAUTION: The author is not a professional physician, and offers this information about heartburn in pregnancy for educational purposes only. Please seek advice from your health care provider.

2007, Anna Hart. Anna herself suffered heartburn in pregnancy, and she empathizes with your problem. She invites you to read more of her articles about heartburn at http://www.heartburnreliefblog.com. Anna continues to research and post regular information on that site. If you are eager to help your children understand heartburn in pregnancy, you will enjoy Anna's article on how to demonstrate it for them.

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The Must Know Info on Allergy

Peanuts could lead you breathless, a bowl of pulses may cause swelling of the tongue and throat, or a fish preparation may lead to redness of skin and an incessant rash. The list is endless, and these are just a handful of the common allergies that people suffer from. While their occurrence may be common, what really makes the task difficult is that there is no cure for an allergy, and the only way out is by preventing the intake of food that causes allergy.

Simply defined, an allergy is intolerance of the immune system to specific foods. You are allergic to food when your body reacts adversely to it, thereby producing excess histamine, which triggers a cascade of allergic symptoms that can affect the respiratory system, gastrointestinal tract, skin or cardiovascular system.

Although an individual could be allergic to any food, such as fruits, vegetables and meat, its protein-rich food that more than 80 per cent of the people are allergic to.

You could either be allergic to specific food items, or preservatives. In case of food, allergies are generally caused by protein rich food stuffs like peanuts, fish, egg, soy, wheat and pulses.

While an allergy may develop at any age, there is no specific cure, which can be prescribed. Doctors prescribe anti-histamine drugs and may even have to inject steroids in severe cases, but these only subdue the effects after an allergy has occurred. There is no long-term cure or means to get rid of any allergy and the only way out is to prevent the intake of food that causes the allergy.

The symptoms vary from urticaria - red patches, indicating excess of blood supply to that region of the body, to general body rash and itching. In severe cases it may lead to breathlessness and angioneurotic oedema, where the wind pipe is blocked.

Patch test to find out the specific food that causes allergy exist. These are restrictive in nature and can only test allergy to 50 to 100 food stuffs. The method of exclusion serves best. Doctors recommend maintaining a diary. Once you know that you are allergic to something, start recording everything that you eat in a diary. It will be easier to detect the particular food whenever you develop symptoms next.

Once you determine what you are allergic to, it is important to learn to read food labels and thereby avoid eating food that you are allergic to. The dictum, prevention is better than cure, works best in case of allergy.

Symptoms of an allergic reaction

Symptoms typically appear within minutes to two hours after a person has eaten the food to which he/she is allergic.

1. Tingling sensation in the mouth

2. Swelling of the tongue and throat

3. Difficulty in breathing

4. Vomiting

5. Abdominal cramps

6. Diarrhea

7. Drop in blood pressure

8. Loss of consciousness

Symptoms may be mild or very sever, depending on how much of the food you have consumed and extent that you are allergic to it.

Ashely Farrar also writes on Kidney Stone. More info: Kidney Stones

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