TOM BEGLEY GIVES TIPS ON DELIVERING WOW

By Thomas J. Murphy

Twice in the span of two months, I heard NAELA’s Tom Begley give his latest presentation on managing an elder law practice.  His presentation, entitled “Delivering WOW!”, is Tom’s adaptation of Tom Peters’ book “In Pursuit of WOW!” to an elder law practice

            Tom’s central premise is that a law firm, like any profession or business, must distinguish itself from the competition.  The best way to do that is to deliver exceptional client service.  This means more than simply providing high quality legal work.  It means doing the little things that a client might not expect but that will be immediately noticed and appreciated.  The subtitle of this presentation could have been “Better, Faster, Cheaper”.  Tom says that is what clients are demanding.

            Tom has a ten-step approach for delivering WOW service.   When implementing this, Tom emphasized the need to establish goals, preferably through a business plan.  You cannot achieve your goals if you do not have them.  Every three years, Tom creates a business plan and annually updates it.  Goal setting requires that you examine your strengths, weaknesses and the threats to your practice.  For instance, what if your partner leaves or if there is a significant change in the law of your field?

            “Delivering WOW!” requires you to focus on the needs of your client.  Anticipate what the clients want before they have to ask you.  One of the first questions that Tom asks of any new client is what is their goal?  What are they hoping to do?  Tom is always surprised how often a client cannot answer this question.  And if they can answer it, it makes it much easier for the attorney to zero-in on the issue.

Tom also urged everyone to be a perfectionist and to develop a sense of excellence among all employees of your firm.  The “little” things can really make a big  difference.  For instance, no misspelled names.  Another lawyer once said to me, “You can make a mistake in the law that costs your clients thousands of dollars and they will never know it.  But spell his name wrong and you’re dead”.  Tom’s office avoids this by a three-step process.  First, the person taking the initial call repeats the spelling to the client.  Then the intake form sent to the client has the client’s name on it.  And at the first meeting, the attorney again verifies the spelling.  And everyone in the office calls the client by name. 

Tom then went on to explain the paramount importance of creating systems and how to put them in place.  In doing so, Tom recommended that everyone read the most useful book Tom has ever read, Roberta Ramo’s “How To Create A System For The Law Office”.  This approach entails creating flowcharts and checklists that delineate every step in whatever process you undertake.  In each file, Tom has a list of each task, who will do it, the projected completion date and the actual completion date.  An effective system must also provide for ready access to various clauses that may be needed for certain documents in a given situation, all letters that are customarily sent out, all forms furnished by others (706’s, 1041’s, beneficiary designation forms, etc) and the statutes and regulations that the attorney will need to review. 

Tom emphasized the need to schedule time for you and your staff to implement, update and perfect your systems.  Tom devotes most of every Wednesday to these tasks and does not see any clients that day.  Tom also recognized the need to wade into this.  Create one system at a time and gradually tighten the requirements, such as start with a 21-day deadline, then move to ten days and then seven.  These systems will save immense amounts of time for both the lawyer and staff.  Not only will the office be better organized, but it will also focus the lawyer’s attention on delegating as much as possible to staff.  If someone else in the office is capable of doing it, then have them do it rather than having it take up the lawyer’s time.  It will also make it much easier to train new staff. 

The most useful part of Tom’s presentation was his discussion of the day-to-day practices of his offices.  Tom maintains a list of the 100 most frequently asked questions that all staffers must know.  This provides the client with an immediate answer and eliminates having to return calls.  Each client receives a client satisfaction form so that Tom can learn what his office can be doing better.  Without this, clients are reluctant to tell you what is wrong and you cannot fix what you do not know is wrong.  All appointments are confirmed two days in advance, so that the client has a day or two to complete the intake sheet.  Much of the information in the intake form is taken over the phone.  This way, the client is not overwhelmed by the form and will not cancel the appointment because the form is too much work to fill out.  Tom sends a 16-minute audiotape with the intake packet that explains what he intends to do for the client.  In many instances, the client’s decision to hire Tom’s firm is made before the first meeting because the client could tell from the tape that Tom provided the services they needed.  This tape may also get passed around to neighbors and friends who then realize that they too need Tom’s services.  Tom also tape-records the first meeting and gives the client a copy of it for them or their family to listen to.  Make sure your office has a really nice bathroom since that is often the first place a prospective client visits upon arrival at your office.   And when the clients have signed all of their documents, the binder containing the documents is placed in a tote bag with his firm’s name prominently displayed.  This has proven very effective with nursing home clients because the person in the next bed sees the tote bag and asks about it.

Tom also discussed some of his office’s internal standards.  The attorney dictation or input must be done on the same day as the appointment.  This avoids the “piles of files” problem.  The document preparation must be done within 72 hours.  The attorney reviews the initial draft of documents on the same day they are completed.  The signings are scheduled within two weeks of the initial appointment.   One of the most common complaints of lawyers is a lack of a sense of urgency.  By adhering to these deadlines, this problem goes away.  Clients are never kept waiting in the reception area, even if they are early.

When hiring staff, you need to make sure that the prospective hire will buy into the concept of systems.  Tom has found the best way to determine this at the outset is to use an on-line test developed the Kolbe Company that tests a person’s instincts and will often reveal their unique abilities.  After a quick online search, I found the Kolbe Index test available at www.kolbe.com for $49.95 per test.  Tom uses this with every new employee and recommended that everyone in the office, including the lawyers, try it.

The need to follow-up with clients is critical as well.  If a client has been asked to do something, a follow-up call within two days of the meeting is placed.  The client is pleased that he is not “out of sight, out of mind” and the task by the client gets completed sooner.  With a Medicaid client, meet a month or two prior to the expiration of the transfer penalty period.  Tom conducts private seminars once every two months on some timely topic for existing clients who are encouraged to bring friends.  Clients also regularly get newsletters with an emphasis on e-newsletters.

 House calls are made but only if the consultation fee is paid before the visit and only if the office has received the completed intake form.  Otherwise, too much time is spent having the client rummage through the house for the information while the attorney sits and waits.  Tom does not charge extra for house calls since the new business will more than pay for the travel time.

Tom recommended that every firm have a website.  Tom noted that his firm’s website has not brought in much business by itself.  However, he treats a website as an electronic brochure.  It is a great way to get information to a client before the first meeting and answers many of the questions that the client will have.  Make sure the information on the website is current but avoid putting information on it that you know will have to frequently be updated.

Tom joined the growing chorus within NAELA that urges lawyers to begin serving as fiduciaries.  Tom sees a real opportunity for elder law attorneys serving as trustees of special needs trusts since corporate fiduciaries are clueless on this. 

Yet Tom readily admitted that following his tips will not guarantee success every time.  For instance, like many other NAELA lawyers I have spoken with, Tom’s estate planning practice has disappeared, dropping 75% in two years.  Tom did see this coming with the increase in the estate tax exemption combined with the cratering of the stock market so he prepared for it as best he could by emphasizing other aspects of his practice.

Tom concluded his presentation by emphasizing that you will have more time to spend on the things you want, both in and out of the office, by following his suggestions.

Tom’s three-hour presentation was videotaped.  The tape and materials can be purchased though the Maricopa County (Phoenix) Bar Association who sponsored the second of Tom’s presentations.  Call 602-257-4200, x107 or visit their website at www.maricopabar.org.