Included in ElderCounsel’s membership is a practice building roadmap that many new ElderCounsel members follow.  We call it, “Your Practice Gameplan™.”  This Gameplan is a combination of one-on-one coaching, webinars, and self-guided instruction which are all overseen by the member’s personal Member Representative.  The goal of Your Practice Gameplan™ is to help the attorney become profitable in their elder law practice as quickly as possible!  As part of Your Practice Gameplan™, members are offered the opportunity to be coached by Steve Riley, a Certified Atticus Practice Advisor.  Through a series of webinars, worksheets and phone calls, Steve works with attorneys of all firm sizes to help them take better care of their clients, increase their income, decrease their stress, and improve the quality of their life.  All who have completed Your Practice Gameplan™ rave about its success and have the thriving practice to prove it!

                I’ve embarked on the Your Practice Gameplan™ journey as part of my professional development to grow in my role with ElderCounsel and to help ElderCounsel be successful.  The member is asked to come up with a vision for their practice when completing the Gameplan. The next step is to come up with ten crucial goals and explain why these goals are crucial to their vision, and to develop an action plan to achieve these goals.  I thought I’d share how I’ve already achieved success by participating in Your Practice Gameplan™ through the steps I’ve taken to attain just one out of the ten goals I laid out.

               The very first goal that Steve advises you to create is a health goal.  Since I run for exercise, , I decided I would take my running to the next level and create a goal to run a half marathon before the end of the year.  You may be asking, “Why is this a crucial goal to the vision that I’ve laid out for myself?”   Well personally, I believe physical health dictates mental health. If I’m at my best physically, I will be at my best mentally allowing me to succeed in my professional endeavors. Once I established my goal and the reason for why it is crucial, my next step was to spell out the action plan I would need to follow to achieve my goal.  First, I wrote that I’d need to run at least five times a week.  Second, I wrote that I would sign up and participate in races to prepare me for the half marathon.  Then for my third action item I thought,  well what can I do to make sure I will want to run a half marathon and whatever that is, it will be the third action item.  I decided I had to make running fun!  Many would say this isn’t possible but I’ve found ways to make it so!

 This past weekend I participated in the Graffiti Run 5k in Denver.  In this particular race, runners wore all white and ran through an amusement park while volunteers, spectators and fellow runners threw colored powder at them.  The color throwing started before the race had even begun and by the time my wave was at the start line, I was already covered head to toe in pink, orange and blue.  The race was a joy, whenever it got tough there were other excited runners cheering you on and to run through the amusement park was such a great experience, I felt like I was getting a behind the scenes tour!  By the end of the race, each runner’s previously bland outfit (and entire body) had been tie-died all colors of the rainbow.  Most of us didn’t even realize we had just completed 3.1 miles, we were having too much fun!  I completed that race excited to do other races and motivated to push myself even more.  I returned to work the next morning in a great mood, energized and ready for the day.  I was also able to say with pride that I had accomplished at least two of the action items I laid out to achieve my health goal.

Ready to run through the “Green Zone”

The Aftermath!!

                While I can go on and on about running, the point of this story is to give an example of how working on your crucial goals is conducive to your professional success.  I felt good about myself after I completed that race and more driven to continue to reach my goal of completing a half marathon.  Moreover, keeping myself active allows me to have a clear head and I actually feel more invigorated while I’m completing my work.   This in turn allows me to be a better ElderCounsel team member and perform at a higher level.  I’m achieving the vision that I set at the beginning of Your Practice Gameplan™ and I’m only on my first goal!  Steve advises you to keep your goals posted in plain sight, somewhere you will always see them and therefore be held accountable to them.  I keep my goals right above my desk and I always smile when I see how much I’ve already achieved.  While I have nine other goals that I am working on and have more work to do to achieve my health goal, I’ve come full circle already.  More importantly, I already see the effect of how Your Practice Gameplan™ is helping me to succeed.                 

               To learn more about how to become an ElderCounsel member and participate in Your Practice Gameplan™ please contact our Member Recruitment team at sales@eldercounsel.com. 

Aylin Guven

Administrative Assistant, Member Recruitment

If you are a member who subscribes to ElderDocx and/or WealthDocx in the Cloud – or if you are considering it, you may have asked yourself what to do with the documents and answer files that you currently have on your local computer or network.  The good news is that you can transfer them to the Cloud, giving you access to your files wherever you have internet access and an internet capable device.

When you are logging in to the Cloud, you have the option to allow access to your local files and locally connected devices.  Once you permit the access, you can now ‘see’ your local drives from Word, or when browsing using Windows Explorer in desktop full screen mode.  The names of any local drives will be followed by a ‘$’ sign, so your C: drive will be named C$.  Your Cloud drive is G:\Law Office Files, and you can create subfolders there to fit your needs.  You can open files, including documents and answer files, on your local computer and on your cloud drive, and copy files between them.

Why would you want to store your answer files and assembled documents in the Cloud? Imagine working on an interview at the office, and then continuing where you left off on a different computer away from the office.  It doesn’t matter if one device is a Windows PC, and another is an iPad, Mac, tablet or smartphone – you can start on one device and continue on another.  As long as you have internet access, you are good to go!

To learn more, please visit http://www.eldercounsel.com/Attorneys_CloudAccess.aspx

Recently, there was a post on the ElderCounsel Members listserv posing the question, “What is the BIGGEST advantage that Direct Mail has over on-line marketing?”

Several members offered some very good answers including:

• Direct mail is much more likely to be opened and read.
• It is more targeted.
• Your social media audience may not even be online.
• Direct mail may have a shelf life.

When someone is reading your direct mail piece, they are not reading something else at the same time (compared to being on the web).

All of these responses are great tactics about TRAFFIC and REACH.  They are not, however, STRATEGY.  The tactics question, however, is relevant only subsequent to a well thought out and articulated marketing strategy.  Solutions to achieve TRAFFIC (number of readers) and REACH (speaking to your target audience) are only effective when incorporated into a marketing strategy.

In the franchise world, successful brands begin with “FOUR WALLS MARKETING” before executing “traffic” and “reach” tactics.  By four walls marketing, we mean, what is happening in your business: What is the experience of a client who calls your office?  How well is your office managed?  Are your employees happy?  Is customer service and professionalism a daily dynamic in your practice?  What is the appearance of your waiting room?  Do you have documented systems? Have you made accommodations for elders?

If your “Four Walls Marketing” is meeting your expectations, then it is time to lay out a six-month marketing plan.  A good plan will include:

1. An accurate description of your target market (and what are his/her needs, stress points and areas where you can uniquely help him/her).
2. A geographic description of where your clients are located.
3. It will have a good mix of firm branding and traffic building communications.
4. A financial budget and calendar.
5. And most importantly, a way to track results.

This is a very brief commentary and ElderCounsel is excited to work with its members in all areas of practice building and excellence.

John Shickich, JD (Certified Franchise Executive)

Director of Member Recruitment

ElderCounsel, LLC

ElderCounsel® is pleased to announce cloud-based versions of their popular ElderDocx® document-assembly program.  ElderDocx is a Hot-Docs based program that runs in a Windows environment.  A move to a Cloud-Based environment (meaning the program works on the internet) means the software will run on any computer, tablet or smartphone and is not reliant on Windows.

The move was made in response to requests from members of the two organizations who wanted the convenience and mobility of cloud-based software.

ElderCounsel spent the past year researching, testing, and building the most secure, agile, and user-friendly systems based on cloud server technology to offer a Cloud solution to its members.

The new cloud version of ElderDocx will enable its members to:

• Assemble documents and access their mission-critical files from any computer with Internet access
• Utilize and share the organizations’ entire library of tutorials, webinars, and education, via the Internet, anywhere — anytime
• Receive all ElderDocx updates instantaneously—with no installation required
• Forget hard drive space limitations and the hassle of downloading software updates
• Minimize risk by storing files on a reliable, secure platform where data is automatically encrypted and backed-up
• Maximize their devices—since the cloud-based systems are fully smartphone and tablet compatible.

To learn more, please visit http://www.eldercounsel.com/Attorneys_CloudAccess.aspx.

Bradley J. Frigon and Stephen Dale will assist ElderCounsel in expanding their current special needs planning document offering and will take active roles in teaching special needs planning courses for ElderCounsel.

“We are pleased to have two of the top special needs planning attorneys in the country joining us,” said Valerie Peterson, Executive Director.  “Special needs planning attorneys provide a valuable service to individuals with disabilities and their families.  ElderCounsel is committed to providing the best planning documents and education possible for attorneys practicing in this area.”

Dale and Frigon join existing National Advisory Board members Michael Gilfix, Frank Johns, Tim Nay, Rene Reixach and Mary Schmitt Smith, each of whom are elder law and special needs planning experts.  The National Advisory Board members assist with the content of ElderCounsel’s document creation system, ElderDocx®, and serve as presenters for many of ElderCounsel’s educational programs.

Stephen Dale received his J.D. from Armstrong Law School and his LL.M. in Taxation from Golden Gate University, and is the owner of The Dale Law Firm, P.D. in Pacheco, California.  Dale is a disability rights advocate who spends much of his time attending disability rights activities, including legislative hearings and serving on boards and committees of disability rights organizations across the country.  He is a frequent speaker on disability related topics, and is the receipt of the 2010 Theresa Foundation Award as well as the 2007 National Academy of Elder Law Attorneys (NAELA) Powley Award.

Bradley Frigon received his J.D. from Washburn University and his LL.M. in Taxation from the University of Denver.  Frigon is the owner of The Law Office of Bradley J. Frigon, LLC, and a Registered Investment Advisor in Denver, Colorado.  He serves as Vice President of the National Academy of Elder Law Attorneys (NAELA) and Treasurer of the Special Needs Alliance. He is a Certified Elder Law Attorney (CELA), a member of the Council of Advanced Practitioners (CAP), and a board member of the Colorado Fund for People with Disabilities.  Frigon is also an Adjunct Professor at Stetson University College of Law, a nationally recognized speaker and author of numerous publications including co-author of Fundamentals of Special Needs Trusts.

With over 500 attorneys in attendance, ElderCounsel, LLC, along with WealthCounsel, LLC and The Advisors Forum, hosted the 4th Annual Planning for the Generations Symposium July 18^th – 20^th at the Denver Hyatt Regency.

Known as “The Premier Event for Estate, Elder Law and Financial Professionals” the Planning for the Generations Symposium offered 28 different breakout sessions for attendees to choose from focused on 4 distinct tracks:  Essentials Planning, Elder Law, Advanced Estate Planning, and Business Planning.  The Symposium also offered 4 plenary sessions ranging from new developments in elder law to practice management.

While the official start of the Symposium was July 18^th, there were educational events for attendees earlier that week.  ElderCounsel offered a course on July 16th in conjunction with the Colorado Bar Association Elder Law Section called, “Colorado Medicaid Basics.”  On July 17^th, ElderCounsel offered a 3-hour course for attorneys accredited by the Veterans Administration.

Mark your calendars for 2013; pre-registration begins in February.

Read through the testimonial from member Heinz Brisske below and you’ll see why this is an event you don’t want to miss!

“Another WealthCounsel/ElderCounsel/Advisors Forum Symposium under my belt. The last three years (2009, 2010, 2011) we were in Chicago, but this year’s was in Denver, CO.

The Symposium, as with every prior one, was loaded with educational opportunities, designed to provide something for everyone. Being both an experienced estate planner and an elder law attorney, and also being the managing partner of our law firm, I was able to cherry-pick seminar topics that suited me in all of those three areas. Great topics and top-notch speakers.

But you don’t have to leave your office to get the educational materials; those are available in written and audio format. What you can’t capture without physically being present at the Symposium is the people, the renewal of old relationships and the development of new relationships. As much as I learned in the formal programs, the people were the real benefit of attending the Symposium.

The opportunity to get to know ElderCounsel staff, to spend time with them and socialize with them, was invaluable. Being able to not only put faces to names, but to personally become acquainted with the people that I interact with and that support me gave me a new appreciation for the organization and the people behind it. I spent time with Lou Pierro, Howie Krooks, Val Peterson and John Shickich, and I had the opportunity to discuss different Elder Law issues with each of them. Where and when could I possibly have had such an opportunity, other than at the Symposium?

All of that was dwarfed, as it has been at every Symposium that I’ve attended (and I have yet to miss one), by the opportunity I had to spend time with other Symposium attendees. I learned how other practitioners set up their practices, what kinds of marketing strategies they use, practice management tips that will potentially increase our firm’s revenue, client maintenance program options, and lots of other tips and tricks.

Next year, I’ll attend the 2013 Symposium. I’m bringing my wife, and we’ll spend a few days exploring Denver and the surrounding area; we’ve already set the time aside. I literally can’t wait; if I could register today, I would.”

Heinz

Perhaps you’ve had a good year, but not a great year.  You may have experienced one or more of the following:

• Gross revenue is up, but net profits are down.
• More clients hired you this year, but your overall revenue is down.
• You’ve had more initial consultations, but fewer clients have hired you.
• You are out meeting referral sources, but getting very few referrals.

Many of us experience one or more of these challenges in our elder law practice.  The good news is there are ways to overcome these challenges by making some small adjustments to our way of thinking, and in some instances, our internal procedures.

If you are not generating the revenue you want or expect, it could be the result of something as simple as your procedure for meeting with a new prospective client.  What type of expectations are you setting prior to meeting the client for the first time?  For example, are you setting the expectation that the prospective client’s problem will be solved as a result of meeting with you for the first time?  As elder law attorneys our natural inclination is to help people and help them quickly.  But by offering an immediate solution (sometimes before even being hired) you are severely decreasing the value of your services and the fee the client would be willing to pay you to solve their problem.  Or, worse yet, you’ve given the prospective client the ability to solve their own problem (or at least think they can).

Quoting a fee presents its own set of challenges.  In many instances, the hurdle is an internal one – the attorney is not comfortable with the price she wants to charge.  As a result, the client isn’t either and won’t pay it.  It is very tempting to look at what other attorneys in the area are charging and base our fees accordingly.  Some of us will come up with a price list that includes a fee for every document.  While there is no right or wrong way to set fees, it is important to understand what the client is experiencing when the issue of fees is discussed.  Even the term you use for “fee” is important.

A lack of referrals can be the result of many things, some of which you have control over and some you do not.  The referral source may not fully understand what you do or how to refer clients to you.  The referral source may not have connected with you.  Or, you may be meeting with the wrong type of referral source – this person does not come into contact with the type of clients you are looking for.

Seeking out proper referral sources is very similar to creating the right marketing message.   You must first figure out the type of referrals you want before you can seek out potential referral sources. For example, if you do not want to handle Medicaid crisis planning cases, then nursing home administrators are not persons you should seek out as a possible referral source.  If you do want to handle crisis planning cases and are seeking referral sources to refer clients who need immediate help, then independent living facilities will not offer much of a return on your time and marketing dollars.

Once you have identified proper potential referral sources, what are your goals when you meet with them?  What type of follow up do you have both immediately after the meeting and ongoing?  A well thought out plan for the meeting with a potential referral source is crucial – you have precious time to connect with that person, make them “like” you, and to learn how you can help them.  Yes, how you can help them, not how they can help you!

To learn more about the above issues and other common barriers to profitability, join me in Chicago on Friday, August 13th. I will be presenting with Steven Riley, J.D., a breakout session entitled, “Are You Tripping Over Dollars to Make Pennies in Your Elder Law Practice?”  You will learn ways to overcome these barriers and start reaching higher revenue goals than ever before.

Valerie L. Peterson

Valerie is the Executive Director of ElderCounsel, LLC , an organization that provides document drafting software, education and support to elder law and special needs attorneys across the United States.  Valerie is a frequent lecturer on elder law and Veterans Benefits.

When was the last time you received not just good, but exceptional service? Hopefully it has happened to you, and if so, I’ll bet you can remember in detail what happened and who provided it.

“Never Miss an Opportunity to Provide Exceptional Service.” This is the motto the team at ElderCounsel has adopted. While we are expected to provide good service to our members, we want to do more than that. It is exceptional service that we will be remembered for and which will set us apart from our competitors.

Lawyers can also set themselves apart from their competitors with exceptional service. If you have to think long and hard about the last time you received exceptional service, that tells you something about the state of “customer service” in our country. So go ahead and steal our motto – it doesn’t cost a thing and the return on investment is HUGE!

Getting clients to plan early can often be a daunting task.  But maybe our message isn’t resonating with them because we aren’t anchoring it to facts to which potential clients and their family members can relate.  A recent study conducted by MetLife called the “MetLife Long-Term Care IQ Study” (found at http://www.metlife.com/about/press-room/index.html?compID=16029) was a real eye-opener about what people of all ages know, or more importantly, don’t know, about the need for long term care.  For example, only 36% of the people surveyed knew that 70% of all persons age 65 and over will require long term care.   66% did not know which programs or policies pay for long-term care.  And 36% thought that you could transfer assets and qualify for Medicaid immediately.

Elder law attorneys have the ability to make a profound impact on the lives of clients and family members.  But to do so, we must be able to effectively convey why planning ahead is so important.  An important first step is understanding what potential clients may or may not know when they walk through the door.  Only then can we be successful in educating clients about the need to plan early for the rising costs of long term care.

During a recent team building retreat, the staff at ElderCounsel participated as a team in “The Amazing Race.”  We were sent out into the streats of South Beach to solve puzzles, frantically search for clues, and gather numerous treasure hunt items all while trying not to become dehydrated, or worse, struck by a car while gazing up at road signs and buildings! 

While we were not the winners, we did learn some valuable lessons about the strengths of each of our team members and how to best utilize those strengths, the ability of each of us to take a leadership role when necessary, and how to divide and conquer yet still communicate effectively with each other.  (We also learned we are very poor guessers when we did not know an answer!)

These lessons are pertinent to all of us, whether we are working with a staff of 1 or a staff of 100.  Be sure to consider these questions in your own business:  Are you aware of your strengths and those of your team?  Are you utilizing those strengths and communicating effectively with everyone on your team?  Hopefully the answer is “yes” but if not, consider an afternoon running around your city playing “The Amazing Race.”