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Practice What You Preach

Every lawyer I know has struggled at some point to follow the same good advice that he would give to his client. I know I have found myself feeling guilty over struggling to heed the same counsel I so often give my clients.

There is very little disappointment in this world that can match what you see in a client’s face when explaining to him or her that while the case has merit, the facts weigh heavily in their favor, and any conscious jury would certainly agree, the cost of litigation, the associated stress, and the possibility (no matter how small) of an adverse outcome make asserting his or her claims inadvisable.

Justice Principle We have probably the greatest judicial system in the world, but it does not come without a price. And sometimes that price is too high or at least disproportionate to any benefit that could be achieved.

So why then did I nearly ruin a wonderful vacation worrying about a few hundred dollars a client refused to pay after achieving what I thought was a more than successful result? Just like any dispute, ours involved a flurry of emails and faxes, accusations of impropriety, barren threats, and talk of lawsuits. I even went so far as to send the requisite Revised Rules of Professional Conduct notice alerting my client to the North Carolina State Bar’s program of fee dispute resolution.

All this for a few hundred dollars – dollars that you would have thought were my last on this Earth. Were not the same distraction from my regular duties, the associated stress , the costs of litigation, the possibility of an adverse result, and maybe even the risk of a bar complaint enough to dissuade me from even considering legal action? After much gnashing of teeth and swallowing of pride, better sense (eventually) prevailed.

But why was this so difficult? Is this not the same advice I so often give my own clients with such a cold demeanor that I have to remind them that I don’t necessarily agree with my advice, but that it is the prudent course? Am I the doctor that prescribes insipid medicine or painful shots but refuses to take the same? The preacher who rails against sin on Sunday and commits the same on every other day of the week? The parent who recognizes his owns weaknesses in his children?

In this instance, by representing myself I would prove that a lawyer who represents himself has a fool as a client. Regardless, the sentiment holds true, the best advice may be that which we have already given but not bothered to hear. Maybe now I can tell my bookkeeper that I am taking the advice of a brilliant lawyer and to finally close the file as we won’t be collecting that fee after all.

 Marc E. Gustafson practices with Essex Richards in Charlotte. Marc’s practice focuses on general litigation, professional liability claims, corporate and commercial disputes related to contracts, trade secrets, and employment matters. Contact Marc at mgustafson@essexrichards.com.

Pop Culture Teaches Valuable Career Skill – Likeability

Lawyers Mutual Headshots '11

LikeI recently spoke to law students at the Wake County Bar Association YLD Summer Associate Orientation. I asked them to name people they thought were likeable. Immediately, the names that were shouted out from the audience were Oprah, Lebron and Scotty. All three of these individuals have a passionate following and are well liked across a wide range of demographics, if we exclude Cleveland. What’s the lesson?

That being likeable is important. As a young lawyer, you might not spend many hours in your day thinking about whether you are likeable. Instead, you might think about whether you’re billing enough hours, you may think about whether your supervising attorney is pleased with your work product or whether your client is going to pay his bills. But I believe that if you are likeable, these rewards and others, will come your way.

If you are an associate in a law firm and you are likeable, more people may want to send work projects your way. If you are a sole practitioner, more clients may send work your way. And I know from personal experience that if you are likeable the assistants and paralegals are going to be more eager to help you find your way.

I worked with a few not-so-nice attorneys over the years. They were smart, I learned a lot from them and they have successful law practices, but I’m not friends with them nor do I have lunch with them. Thankfully, I worked for many smart and likeable attorneys. When these guys or gals call me today to ask for recommendations for paralegals to hire, I can’t wait to send my friends their way. I also make sure to refer potential clients to them. And I keep them on my rolodex (figuratively speaking) for lunch dates.

How do you obtain the likeable factor? A very good singer, Haley, was voted off the show before Scotty. Going to the blogosphere for comments on Haley was enlightening. Many people thought Haley was talented and a very hard worker (something you attorneys know a lot about), but she had a problem with the likeable factor. She was difficult, she often disagreed with the judges and she had a reputation for being a diva.

Do you know any young attorneys who struggle with some of these same issues? While the diva (male or female) may have been at the top of their class and their work product is impeccable, they clash with the staff, they are rude to those in the firm’s service center or vendors and they can be prickly with clients.

I’d encourage you to think about the payoff of being likeable. When you are genuine, friendly, trust worthy and empathetic to those around you, people will vote to save you against all odds. Having a paralegal that likes you and is willing to save you from embarrassing yourself in front of a client or partner is valuable. Having clients choose you over other lawyers because they feel comfortable with you and trust you is valuable.

As a result of his American Idol win, Scotty Mccreery is currently North Carolina’s favorite son. While predicting long term success of American Idols is a little like flipping a coin, what we know about Scotty today is that his likeability factor is huge and that’s not nothing.

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Future Advance Deeds of Trust – Equity Lines on Steroids

Real Estate practitioners are frequently reminded in CLEs, email blasts and newsletters of the importance of blocking and closing equity lines. Unfortunately, title insurers continue to see claims presented because proper procedure is not followed, and all too often, we are presented with subrogation demands. These claims are completely preventable and often very expensive to resolve. The same can be said of claims resulting from payoff errors on Future Advance Deeds of Trust, which are governed by Article 7 in Chapter 45 of the North Carolina General Statutes.

Future Advance Deeds of Trust (FADOTs) may be described as ‘Equity Lines on Steroids.’ Differences between Article 7 FADOTs and Article 9 Equity Lines include:

  • Equity Lines are usually placed on residential property which is already ‘built out’ while FADOTs generally are secured by commercial land or residential lots in anticipation of construction.
  • The value of Equity Lines frequently is a small percentage of property value, while FADOTs routinely encumber the majority of available collateral.
  • Equity Lines generally secure one note executed contemporaneously with the security instrument. FADOTs have the ability to collateralize many notes or other obligations, including obligations which are not in existence (nor even contemplated) at the time of recording of the FADOT. Even if the original secured note is paid off and satisfied, additional debts can be secured by the Deed of Trust, unless it is properly cancelled.

Like Equity Lines, FADOTs are required to show on their face that they secure future advances. How prominent the display is featured varies by lender, and a title searcher must be diligent in searching the public record to identify these instruments. Also like Equity Lines, there is a special procedure that must be followed to insure the Deed of Trust is cancelled of record, as detailed in N. C. Gen. Stat. §45-71. Requirements include a zero balance and a written demand by the borrower to cancel the lien. Our insureds are encouraged to use a universal payoff letter which complies with the Article 7 and Article 9 requirements for cancelation. You can find a sample universal payoff letter in our Real Estate Toolkit.

Should you have any questions, feel free to contact our real estate claims attorneys: Troy Crawford, Laura Loyek or Wayne Stevenson for more details.

Posting for Social Media Marketing Intern Position

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The intern will be working directly with the Director of Client Services to develop and implement the Company’s social media strategy. This is a paid, 20 hour per week position during the summer.

An individual who is actively participating in a variety of social media activities such as blogging, managing social media profiles such as Facebook or LinkedIn, participating in Twitter and is well-connected with the broader social media world would have an advantage. Another component would be the ability to train or offer suggestions on use of social media tools.  An example would be to maximize the use of Facebook or LinkedIn profiles to share risk management content and build the Lawyers Mutual brand.

Responsibilities – key responsibilities for this position include:

  • Work with the Director of Client Services to create a social media strategy to complement our department’s business plan
  • Experiment with new and alternative ways to leverage social media activities (“marketing Lawyers Mutual”)
  • Monitor trends in social media tools, trends and applications and appropriately apply that knowledge to increasing the use of social media at Lawyers Mutual
  • Strategize with and educate the Client Services department on incorporating relevant social media techniques into the corporate culture and into all of the company’s products and services
  • Assist in developing a measurement for the impact of social media on the overall marketing efforts

Attributes – the key attributes for this position include:

  • Initiative
  • Creativity
  • Willingness to experiment
  • Ability to contribute individually as well as provide training upward in the organization
  • Excellent writing skills and a willingness to use them
  • Excellent verbal communication skills

Contact

Camille Stell, Director of Client Services
Lawyers Mutual Liability Insurance Co. of N.C.
5020 Weston Parkway, Suite 200, Cary, NC  27512-1929
Tele:              919.677.8900       or             800.662.8843      
E-mail:  camille@lawyersmutualnc.com

About Lawyers Mutual Liability Insurance Co. of N.C.
Lawyers Mutual is the largest provider of professional liability insurance for North Carolina lawyers. Founded in 1977, our mission is to meet the insurance needs of the legal profession through innovative personal service and products. Today, we are doing that by offering a full range of insurance coverage for lawyers and their families, as well as continuing education and practical tools to help lawyers better serve their clients and the public. For more information, call             800.662.8843       or visitlm2014.gethifi.com.

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Lawyers Insurance and NCBA Pilot Disability Program

Lawyers Mutual

Obtain Coverage without health questions or an exam

Protection against income lost due to a disability is perhaps the coverage most overlooked by lawyers. Solos and small firm practitioners tend to procrastinate, and lawyers in larger firms mistakenly believe that their group policy provides ample protection.

Apart from death, a disability can be the most devastating event to befall a family. Imagine that you lost your job, and you were prevented from finding another. Imagine further that the event producing the disability created more expenses, and the need for more income, than when you were working. It’s all more likely than you realize.

Solos and small firm lawyers most often will want to obtain individual disability coverage. It usually has a level premium, is non-cancelable, and it protects you from a disability that prevents you from engaging in your ‘own occupation’ as a lawyer. Your income limits how much coverage you can obtain, so you need to obtain coverage as soon as your income merits it, and you may need to update it throughout your career.

Lawyers in larger firms usually have group coverage, but it typically only covers 60% of income to a maximum benefit level, and because most group policy premiums are paid with pre-tax dollars, in the event of a claim the benefit will be taxable. These lawyers should obtain ‘supplemental’ individual coverage to maximize their protection. Unfortunately, only a small percentage understand the need and act on it.

There is no easier time than now to remedy the situation. The Standard Insurance Company is offering NC Bar Association members, through Lawyers Insurance, a top of the line individual disability policy at discounted rates. And, lawyers can obtain up to a $4,000 monthly benefit without medical questions or a health exam. This is a very unusual offer, and we encourage all NC Bar Association members to review their needs and act now. If you would like further information, contact Ken Hudson at Lawyers Insurance Khudson@LawyersMutualNC.com or 800-662-8843.

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