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5 Ways Monopoly Can Make You A Better Lawyer

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Lawyers Insurance RaleighCats rule! Irons – not so much.

The votes have been counted in the Monopoly Game Token Contest, and cat lovers are purring with delight while iron fanciers are feeling flat.

Perhaps you’ve been following Hasbro’s worldwide contest to select one of the playing tokens from its Monopoly game for extinction. The idea was to spark public interest while “freshening up” the venerable board game.

What you might not know is that the contest – and its outcome – offer important lessons for lawyers.

But first, let’s recap how we got here.

The Monopoly game originated back in the 1930s. Here are the 12 game pieces in the current Deluxe edition (some regular versions only have 10 pieces) and the year each piece was introduced:

  • Iron (1937)
  • Race car (1937)
  • Top hat (1937)
  • Shoe (1937)
  • Thimble (1937)
  • Battleship (1940)
  • Cannon (1940)
  • Scottie dog (early 1950s)
  • Horse and rider (early 1950s)
  • Wheelbarrow (early 1950s)
  • Locomotive (1995)
  • Money bag (1995)

Hasbro decided it would hold a contest to ditch one of these tokens and replace it with one of the following: helicopter, a diamond ring, a robot, a cat or a guitar.

The company set up a Facebook polling site, launched a worldwide publicity push, and sat back and watched the votes roll in. As it turned out, the shoe, wheelbarrow and iron waged a fierce battle for least popular token – with the iron coming out on top. Or bottom.

But the cat won in a landslide, racking up 31 percent of the vote – almost the exact same percentage of U.S homes (33 percent) that own at least one feline. Coincidence? We think not.

At any rate, here are 5 Takeaways for Attorneys:

  • Stay fresh. Successful lawyers – just like successful game companies – remain on top by keeping up with changing times. We don’t wear the same clothes every day or make the same arguments in every case. Why continue playing with the same pieces day after day?
  • Shake things up. Variety is the spice of life – and the law. It’s good to stir the pot now and then. Recently, the coach of the nation’s top-ranked men’s college basketball team benched a pair of starters in favor of two little-used subs. The reason? To keep everyone on their toes. The team won by 40 points.
  • Look to the future. Maybe it’s time to replace that lime green shag carpet in the front lobby. Or toss the IBM Selectric typewriter. How can we soar to new heights if we are chained to the past?
  • But keep what works. Pointless and unnecessary change is a waste of time, energy and money. It can also drive away customers. Remember Classic Coke?
  • Think Orange. Research has proven that you have a higher probability of landing on an orange property on the Monopoly board – St. James Place, Tennessee Avenue or New York Avenue – than any other real estate. Which conjures the irresistible image of a group of pointy-headed MIT statisticians staying up all night rolling dice, getting out of jail free and carefully logging the results.

And in the meantime, consider repainting your lobby orange.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He voted to dump the thimble and replace it with the guitar. jay.reeves@ymail.com, phone 919-619-2441.


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10 Calendar Training Topics

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Calendar and docket controlNeed a timely topic for your next staff meeting?

Following are 10 discussion points on calendar and docket control:

            * Appoint a docket czar. Identify one staff member as the supervisor of the office docket system. Name a backup as well.

            * Statutes of limitation. A new client cannot be accepted and a new file cannot be opened until a statute of limitations date has been ascertained and entered into the system. The new matter/client intake sheet should contain a line for the statute of limitations date, with a signature line next to it. Each date entered on the sheet should be verified by the responsible attorney. Requiring the person to initial the sheet adds accountability. Copies of the sheet should then be given to the person responsible for maintaining the central calendar and to the responsible attorney as well. The system should provide tickler reminders at least 30, 60, 90 and 180 days before the statute runs.

            * Statute of limitations follow up. One attorney in the firm should be assigned the task of following up on all statute of limitations dates. The follow-up attorney should receive a print-out each week of upcoming deadlines (or in the case of a manual system, a copy of the diary card or file card). This attorney should require proof that the lawsuit has been filed, such as a copy of the filed complaint. As pointless and self-defeating as it might sound, lawyers sometimes cover up blown statutes in hopes of later correcting the problem, or in the vainer hope that everything will just blow away. Having someone double-check eliminates this risk.

            * Procedure for incoming mail. Each piece of mail received in the office should be date-stamped and reviewed for dates that need to be entered in the office calendar system. Examples might include deposition dates, discovery deadlines, tax payment dates, etc. The clerk who reviews the mail should highlight and initial each date on the original piece of correspondence. Perhaps a second initial from the docket coordinator might indicate that the date has been calendared. After the dates are recorded in the office system, the mail may then be distributed to the responsible attorney or staff member, who should calendar the dates in their individual calendars. This adds redundancy and another layer of protection.

            * Automatic review dates. After attorneys have completed a specific event in a particular file or matter, it might be important to enter a follow-up date on the calendar. For example, this will provide a prompt to check and see if a final fee payment has been received, or if a filed, signed copy of an order or other closing document has come in. This ensures that no file or matter will go unattended for a long period of time.

            * Redundancy. Each critical date should be entered in at least two diaries maintained by separate individuals. In the case of a sole practitioner, the dates can be maintained by the attorney and secretary. In the case of a larger firm, the dates can be maintained in a central computer system and in the individual diary of each attorney who is responsible for a particular matter. The lawyer should meet with the secretary daily to confirm new calendar items and discuss cases tickled for activity. This is a good time to enter new dates from incoming mail.

            * Calendar drawer. A small office can set up an effective manual docket control system in a file drawer. Simply use numbered tabbed dividers to create a perpetual calendar system. Place cards indicating deadlines and activity dates behind the appropriate divider.

            * Daily and weekly deadline lists. Each morning the docket coordinator will distribute the docket entry forms that are calendared for that day. The coordinator can prepare and distribute weekly calendar listings of all deadlines due within the week.

            * Advance warnings. The docket control coordinator is responsible for setting up the advance warning dates and putting the docket entry forms into the system. Two advance warnings are recommended for deadlines of 30 days or sooner (for example: two weeks/one week or two weeks/two days, etc.). This may vary if your deadlines are more than 30 days distant.

            * Everyone has input. The system will succeed only if everyone participates and makes it work.

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NC Lawyers Can Now Practice Out Of The Box

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Lawyers Mutual BlogA post office box is an acceptable “office address” under the ethics rules, the State Bar has declared.

The same goes for a time-share office used only for occasional meetings with clients.

2012 Formal Ethics Opinion 6 – approved by the State Bar at its latest quarterly meeting – recognizes the new reality of lawyers practicing at home, in virtual offices, and in shared executive suites that they rarely if ever actually set foot in.

At issue: Rules 7.1 and 7.2 of the Rules of Professional Conduct, which govern lawyer advertising, marketing and communications.

2012 FEO 6 addresses two different law office scenarios.

Virtual Law Office at Home

You practice from home in a virtual office. You communicate with clients mostly online and by telephone. Rarely do you meet with clients in person, and when you do it is outside your home.

For safety and privacy reasons you do not want to list your home address in your business communications.

Ethics question: Is it ethical to use a post office address in your professional advertisements and marketing?

Answer: Yes, with conditions:

Previously, the Ethics Committee interpreted the “office address” requirement in Rule 7.2(c) to mean a street address. However, requiring a street address in all legal advertising has proved problematic, particularly as the number of lawyers working from home offices or operating virtual law practices has increased. The requirement is no longer practical or necessary to avoid misleading the public or to insure that a lawyer responsible for the advertisement can be located by the State Bar.

Therefore, a post office address qualifies as an “office address” for purposes of Rule 7.2(c) provided the post office address is on file as the lawyer’s current mailing address in the lawyer’s membership record with the North Carolina State Bar.

Time Share Professional Suites

You lease space in a time-share suite shared by other professionals. You can opt for mail forwarding or receptionist service. You sign up to use meeting rooms by appointment. Otherwise, you have no physical presence on-site.

Ethics question: can you use the office address on your business cards, letterhead and stationery?

Yes, provided you have some local connection to the suite and you don’t give the misimpression that you have a permanent office there:

A lawyer who does not wish to meet clients at his home, or to list his home address on letterhead and advertisements, does not mislead the public by using a time-shared leased office address on letterhead and advertisements when the lawyer actually lives in the community associated with the leased address and uses the leased office to meet with clients on a regular basis.

In addition, it is not misleading for a law firm to list a time-shared leased office address on letterhead or in advertising so long as the communication contains an explanation that accurately reflects the law firm’s presence at the address (i.e.,“by appointment only”).

For more details, read the opinion in its entirety.

Jay Reeves is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He collects vinyl records. Contact jay.reeves@ymail.com, phone 919-619-2441.

Source: N.C. State Bar

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12 Tricky Grammar Traps

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Lawyers Mutual BlogIs this the party to whom I am speaking?

Back in the 70s, that question was asked in a distinctively nasal whine by Ernestine the Telephone Lady on the television comedy show Laugh-In.

It was a funny line partly because actress Lily Tomlin was great as the goofy Ernestine. But it was also funny because the sentence sounds stilted and pretentious – although grammatical correct.

Ernestine and her trademark “to whom” inquiry came to mind recently when a friend asked my advice on whether “who” or “whom” should be used in a sentence she was writing.

I wasn’t sure, so we looked up the rule. Here is what we found:

“Who” is a subjective pronoun like “he,” “she,” “it,” “we,” and “they.” It acts as the subject of a clause or sentence. “Whom” is an objective pronoun, like “him,” “her,” “it,” “us,” and “them.” It acts as the object of a clause or sentence.

Simple, right? So which of the following is correct (the answer appears below):

(a) His brother, whom he said would send him the money …

(b) His brother, who he said would send him the money …

Hmmm, maybe not so simple after all. The more you read the choices out loud, the weirder each one sounds.

Which proves the point: knowing a rule is one thing; following it can be trickier.

Good grammar is like good hygiene. Both require daily practice to build healthy habits.

And both are especially important for lawyers and legal professionals, who depend on clear and accurate communication – not to mention smelling nice – for professional success.

12 Grammar Traps

Following are 12 Common Grammar Mistakes that many of us make every day:

  • Your/You’re – Your is a possessive pronoun: “Your lawyer is great.” You’re is a contraction of you and are: “You’re a great lawyer.”
  • Its/It’s – Its is a possessive pronoun: “Every case has its good points.” It’s is a contraction of it and is: “It’s a good case.”
  • Farther/Further. Farther means a measurable distance: “I threw the ball farther than you.” Further refers to abstract lengths that can’t always measured “Throwing the ball caused further damage to my elbow.”
  • Affect/Effect – Affect is a verb: “A persuasive brief affects the trial outcome.” Effect is usually a noun: “The effect of a persuasive brief is to affect the trial outcome.”
  • Whether/If. Whether expresses a condition where there are two or more alternatives: “I don’t know whether I will go to law school.” If expresses a condition where there are no alternatives: “I will go to law school if I get a scholarship.”
  • Principal/Principle. Principal, as a noun or adjective, means the highest in rank or most important in a group: “The principal reason I became a lawyer is to help people.” Principle is a noun meaning a fundamental truth or standard: “Helping people is a basic principle of the law.”
  • Fewer/Less – If you can count it, use fewer: “I have fewer cases today.” If you can’t count it, use less: “I have less desire to take on any new cases.”
  • Since/Because. Since refers to time: “Since I became a lawyer I’ve been happy with my life.” Because refers to causation. “I became a lawyer because I was unhappy with my life.”
  • Anyone/Any one – Anyone means any person, not necessarily a specific person: “Anyone can be a lawyer.” Any one refers to a single person: “Success in this case doesn’t depend on any one person.”
  • There/Their/They’re – There can specify a place or be used as an expletive to start a sentence: “There is my lawyer.” Or: “There. I’ve finished the job.” Their is the possessive form of they: “The lawyers argued their cases.” They’re is a contraction for they are: “They’re both tired after arguing so long.”
  • Historic/Historical – Historic means an important event. Historical means something that happened in the past.
  • Site/Sight – Site is a location or place. Sight refers to your sense of vision.

Quiz Answer: The correct answer is (b), according to Strunk & White. In the example, who is the subject of the verb “send.”

If you find yourself grammatically stumped, you can call Ernestine the Telephone Lady. Or you can turn to the following resources:

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He can’t figure out the difference between “compared to” and “compared with.” Enlighten him at jay.reeves@ymail.com, phone 919-619-2441.


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9 Ways to Tune Up Your Website

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Lawyer Insurance North CarolinaIs your website working?

Does it serve your current clients and attract new ones?

Or is it just taking up cyber-space, larded with stale content and clip-art images?

Here are 5 Sure Signs Your Website is on Life Support:

  1. It looks just like all the other attorney websites (think template-based sites).
  2. Its content is about as readable and compelling as a law review article on Totten Trusts.
  3. You have to scroll “below the fold” to get to the meaty content.
  4. It has too much text and too little graphics.
  5. Its content hasn’t been updated since Bill Clinton was president.

And here are 9 Ways to Bring it Back to Life:

  1. Show, don’t tell. There is a reason YouTube is popular. We love pictures. Use video clips and photography to anchor your pages.
  2. Be kind to your readers. Presenting your text in 6-point Matisse type is visually cruel and unusual. Use readable font and large characters.
  3. Avoid canned graphics. Steer clear of stock images. Invest in a digital camera and take some candid shots around the office. Update the pictures now and then.
  4. Don’t be afraid of white space. It’s easy on the eye and helps make text and graphics stand out.
  5. Avoid automatic pop-ups. Some web designers will disagree, but I think it’s only polite to let viewers decide when – and if – they want to watch a video or listen to an audio clip.
  6. Use headers, captions and bullet points. The goal is to make your content easily scannable. Remember: you’ve only got a few seconds to capture the viewer’s interest. If they aren’t quickly hooked, they will click away.
  7. Follow the ethics rules on advertising. Make sure what you put on your website complies with the Rules of Professional Conduct. If you have a question, contact the State Bar and talk to an ethics counsel. They won’t review or critique your entire site, but they will respond to specific questions about language or images. And they will let you know if anything you plan to put on your site is a no-no.
  8. Spice up your bio. Most online bios are numbingly similar: academic background, areas of practice, published articles, an award or two to show how awesome you are. Boring. None of that will make you stand out from the pack. Add information that tells who you really are: hobbies, personal interests, core values, mission statement. Tell readers what made you want to become a lawyer and why you love what you do. Let prospective clients know they are hiring a person, not a resume.
  9. Give contact information. And don’t stick it way down at the bottom of the page. Provide office locations, telephone numbers and a click-through contact form.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He loves baseball, hot dogs, pecan pie and Marvin Gaye. jay.reeves@ymail.com, phone 919-619-2441.

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