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Section M: Getting Paid for What You Do

Getting paid and knowing when to stop working are important. Learning and never forgetting “Foonberg’s Rule”-“Cash Up front”, Foonberg’s Client Curve of Gratitude. Importance of good fee agreements, sample fee agreement, rating clients by cash flow, recognizing no pay, slow pay and good pay clients and what to do about the to maximize your cash flow. Bad news cases and clients to be turned down, client costs. Contingency matters, how to get rid of bad cases and clients, understanding the client’s income to get paid, recognizing 3rd party sources of fees, credit cards, Barter, evaluating cases by type or by source, handling and adjusting fee disputes.

M-1 WHAT IS A “GOOD” CLIENT? A GOOD CLIENT IS” “A CLIENT WHO PAYS HIS BILLS TO ME SO I CAN PAY MY OFFICE AND PERSONAL BILLS” $0.99

The definition of “Good” in good client is not my definition – It is the definition of hundreds of lawyers of all ages and all stages of professional life. Learn what makes a client a “Good Client.

M-2 PUT YOUR FEE AGREEMENT IN WRITING $0.99

Fee agreements are critical even mandatory in some matters. A good fee agreement protects both the client and the lawyer. 17 basic points which should be considered in every fee agreement are set forth.

M-3 HOW YOUR LIFESTYLE CHANGES WHEN YOU HAVE GOOD CLIENTS $0.99

Good clients improve both your professional and your family life. Learn why.

M-4 FOONBERG’S RULE OF CASH UP FRONT $0.99

In more than 40 years of doing hundreds of seminars all over the world, I almost never omit the mantra of Foonberg’s Rule of “Cash Up Front.” Learn why “Cash Up Front” is critical to success.

M-5 PEOPLE ARE MORE WILLING TO PAY FOR WHAT THEY NEED AND DON’T HAVE THAN TO PAY FOR WHAT THEY ALREADY HAVE $0.99

For any number of reasons people often do not want to pay for legal services they need. Common examples of bills that get paid before legal bills get paid are given. Learn when you absolutely must insist of Cash Up Front or let the client go elsewhere.

M-6 RATE YOUR CLIENTS ACCORDING TO CASH FLOW – PRIORITIZE YOUR WORK $0.99

This simple system of prioritizing work, when explained to the client, can work wonders in getting you paid in a timely manner.

M-7 TEN KINDS OF BAD NEWS CLIENTS TO BE AVOIDED $0.99

This classic list of 10 kinds of “Bad News” clients to be avoided has been published many times in journals. It is worth reading especially for newer lawyers. It should be considered in conjunction with cases that should be turned down.

M-8 CASES THAT SHOULD BE TURNED DOWN $0.99

Years of experience have taught me that certain types of cases can be just as problematic as certain types of clients. This list of 10 cases that should be turned down should be read in conjunction with the 10 kinds of clients that should be avoided.

M-9 CLIENT COSTS AS A FACTOR IN ACCEPTING OR REJECTING A CASE $0.99

Certain types of cases could require large amounts of costs. The lawyer must consider whether he or the client has the ability to “up front” the case. If the answer is “no” alternatives must be considered.

M-10 CASH UP FRONT FOR CLIENT COSTS ON CONTINGENCY CASES $0.99

There is a good reason to ask for cash up front for costs on contingency matters. This chapter highlights the reasons one should get costs up front and outlines common costs to be anticipated.

M-11 BE CAREFUL WHICH, IF ANY, CONTINGENCY CASES YOU ACCEPT OR KEEP $0.99

There are 5 critical questions which must be answered and several numerical calculations which must be considered before accepting a contingency matter. These criteria are included in this chapter.

M-12 SAMPLE LETTER TO DROP A BAD CONTINGENCY CASE $0.99

Getting out of a bad contingency case can sometimes be difficult, especially when the client realizes no other lawyer would want the case. A form letter is provided which is very effective.

M-13 UPGRADING YOUR PRACTICE BY GETTING RID OF LOSERS, USING THE 100 PERCENT REFUND (DUMP THE DOGS) $0.99

This is an extremely popular chapter and I have received many thank you letter for having written it and suggesting it. 18 points should be considered.

M-14 USING THE CLIENT’S CURVE OF GRATITUDE TO INCREASE CASH FLOW $0.99

The client’s curve of gratitude is used in almost every law school that teaches practice management. Lawyers have told me they keep a framed copy at their desk facing them to be continually reminded. This chapter contains the famous client’s curve of gratitude.

M-15 USING LAWYER DEMOGRAPHICS TO SET OR JUSTIFY FEES SETTING A FEE IN SPECIALTY WORK $0.99

If you have a niche or specialty area you will find the demographics method very helpful when discussing and setting fees. This chapter teaches you how to do it.

M-16 INCREASING YOUR CASH FLOW AND REDUCING UNCOLLECTIBLES BY MATCHING YOUR BILLING TO YOUR CLIENT’S CASH FLOW $0.99

A little research on your part may demonstrate to the client that he or she can pay your fees by modifying the billing period and the source as payment. Examples are given.

M-17 SUPPORT BAR-RECOGNIZED LEGAL AID OR POVERTY LAW CENTERS AND SEND THEM THE CASES THAT DON’T BELONG IN YOUR OFFICE $0.99

Supporting legal aid or poverty law centers can be much more profitable to you and get the needy client better representation. Learn how much of your time and money you should devote to pro bonus work.

M-18 FEEL GOOD, NOT BAD, ABOUT DOING FREE LEGAL WORK $0.99

Doing pro bono can make you feel good. Not getting paid can make you feel bad if you expected payment. Explain to your clients your criteria for doing free legal work and you will get respect and admiration, being a professional rather than a business person.

M-19 BARTER – IS HALF A MOOSE A FAIR PRICE FOR A WILL? $0.99

Barter for legal services is often used in smaller communities. This chapter highlights what kinds of goods or service the lawyers receive for their professional legal services.

M-20 THE CLUSTER CONCEPT OF EVALUATING THE PROFITABILITY OF AFFILIATED CLIENTS, RECOMMENDERS OF CLIENTS AND TYPES OF CASES $0.99

This is a mathematical non emotional way of determining what kinds of cases or clients are beneficial and which kinds can be harmful or even disastrous.

M-21 AN ACCOUNTING SYSTEM TO HELP YOU ANALYZE AND INCREASE CLIENT AND CASE PROFITABILITY $0.99

A simple case numbering and fee accounting system is provided to help you analyze from a profit point of view the cases and clients that are beneficial and those that are harmful.

M-22 SHOULD YOU ACCEPT SMALL CASES AT A LOSS OR LOW PROFIT TO GET OR KEEP A GOOD CLIENT? $0.99

Accepting small matters at a small profit or loss to get or keep a client is sometimes a smart thing to do and sometimes a stupid thing to do. Learn when and how to distinguish the two.

M-23 HOW TO GET A PAYING FEE FROM SOMEONE WHO TRIES TO GET FREE LEGAL ADVICE AT A PARTY $0.99

It always amazes me how many people I don’t even know, on learning I am a lawyer, will approach me at a social gathering trying to get free legal advice. I expect this from friends and relatives but not from strangers. Turning those free advice seeking people into fee paying clients can be done. Learn what to say and how to say it. This chapter will teach you.

M-24 “CARS CAN’T RUN WITHOUT GASOLINE” $0.99

This phase can work wonders in getting you paid. Learn when and how to use it.

M-25 HOW TO REDUCE A BILL IN A FEE DISPUTE AND STILL KEEP THE CLIENT HAPPY $0.99

Fee disputes are sometimes the fault of the lawyer, sometimes the fault of the client and sometimes the fault of neither, but they will happen. Be careful if you do reduce a fee that the client does not think you were over billing. What to say and how to say it are set forth in this chapter.

M-26 HOW TO ADJUST A BILL OR WRITE OFF AN UNCOLLECTIBLE BILL WITHOUT LOSING THE CLIENT $0.99

You may be willing to reduce or write off an uncollectible but for some reason also want to keep the client for future work or future referrals. Whether you do or don’t want to keep the client you won’t get paid. This chapter gives some examples of what to do and how to do it.