What Attorneys Should Tell Their New Secretaries-Part 1

The main reason secretaries don’t do what they are supposed to do is that their boss does not tell them what is expected.

The list below is intended to be updated by you AND YOUR SECRETARY every few months so your secretary knows what you expect.

1. Appointment Calendar. Please keep my calendar up to date.

2. Appointments – I like my Assistant to calendar all matters--personal and business, including appointments, lunches, dinners, reminders etc. You have absolute authority to calendar anything from 9:00 a.m. thru noon and from 1:30 p.m. to 4:00 p.m. on Mondays and Wednesdays. On Friday mornings I like my appointments from 9 to noon only. I prefer lunches to begin at 11:30, but 12:00 is OK. I like appointments about an hour apart, but not for an hour after any court appearance and/or lunch. However, if I have court, the client with the next appointment should be told that I may be delayed. I try to save Tuesdays and Thursdays to do paperwork. Therefore, I like to be asked if I want an appointment set on Tuesday, Thursday and Friday afternoons. I usually will "OK" the appointment, so if I'm not around and the client has to get in to see me, go ahead and make the appointment, but tell the client that you or they will have to call back to confirm. If this is a new client, you should check conflicts before I speak to them. It is embarrassing to start talking to them about their problem only to discover that they are being sued by one of the other attorneys in the office. If I have an appointment with a current client, I like their file pulled prior to the appointment. I would like you to review my calendar 7-14 days ahead (everyday) so you are aware of conflicts (and handle them or ask) and so you can correct matters that have changed. Always confirm appointments on the day of the scheduled appointment and inform me that confirmation has been made. When making appointments, take into consideration where I’ll be and factor in the drive time, i.e., do not make an appointment on the opposite side of town from another appointment. Also, please give me driving directions to each appointment via Google Maps. Better than that, call and get directions from the person I am going to see.

3. Calendaring – When entering anything on my calendar make sure you enter it correctly, using the file number and name. It will be much more convenient for me to keep track of that time without looking up that client’s info.

4. Hearings – Please indicate on my calendar who will attend a hearing when an associate is working with me on a case. If I am to attend alone, just put my initials. If I am attending with the associate, put my initials and the associate’s first name parenthesis. (PSA/Julie W.) Do not use the initials of the associate because I do not know them by their initials. Always write out their full first name and then put the initial of their last name (as seen above). Please also make sure that all the documents to the hearing (Motion, Opposition, Reply) have been previously scanned in the computer and are available.

5. New clients – When calendaring a “new client” consultation, first check conflicts and be sure to put “M&A NEW TIME - PSA” for the file - File # 2-7. Include Attorney Meetings and Shareholder Meetings as File #20-7.

6. Travel – Do not calendar any appointments for me the day before I am to leave on a trip unless I approve of it first. When you have made travel arrangements for me, ask me if I need a rental car. Please ask ahead of time for directions from the Airport to the Hotel. Print out driving directions for me every time using www.maps.google.com. When booking my flight, please input my flight information into my Outlook calendar so that I can see the date and time of departure and arrival ahead of time. I prefer flying Southwest Airlines unless otherwise specified. Please give me my SWA itinerary, boarding pass and hotel itinerary the day before I leave, along with the driving directions to and from the hotel to the airport.

7. Roll Call – When I am going to be out of the office, make sure that it is on roll call. I want the roll call to indicate where I am that day. If I am out for vacation, then it should say “Phil Aurbach – Vac” or if I am at a seminar, mediation, arbitration, deposition… etc then it should say “Phil Aurbach – Out (depo/seminar/med/arb, etc). That way people know where I am that day. Also, send out an email a couple days before I leave to all attorneys letting them know when I will be gone (giving dates) and to please get with me prior to my departure if there is anything they need.

8. Calendaring Things to Review.

a. Include on my Calendar the due date for responses, such as an answer to complaint or response to motion by me or by the other side. I really appreciate the "double check." This lets me know you are watching deadlines for me.

b. When I do something on a file, please ask me for a review date if I don't remember to give you one. Also ask whether I want the file pulled on the review date or just be reminded to review the file and why, e.g. 3/1/96 RV file to see if we received a response to my demand letter, interrogatories, etc. Put this in my calendar.

9. Every day look at each appointment scheduled for the next 7 days and make sure they have not been canceled OR moved, i.e., that they are still valid. If they have been canceled, please be sure, if they are on the group calendar (conference rooms), to take them off as soon as the appointment is canceled in case someone else in the office needs to reserve the room.

10. E-mails - you do not have to respond to every email I send you acknowledging receipt of same. Only respond when there is a question asked or information needed.

11. My Desk. Please check and pick up things from my "OUT BOX" every couple of hours. It makes me feel more organized when my OUT BOX is empty. Also, always bring in a pad and pen when you come in - just in case, for notes or instructions.

12. Telephone Calls. When people call in and ask for me, say: "I'm not sure if he is in the building, may I tell him who is calling? [Then ask] May I tell him what this is regarding?" Also, if they haven’t already told you, ask “who referred you?”

a. If they won't say, but they want me to call them back, you are authorized to then tell them “that Phil sometimes won't return the call if the caller won't give me more information or explain the reason for the call.” And if they only give you there first name (for example: Andy) say, “He knows 5 Andys and I am not supposed to even give him messages if I don’t get 1^st, last name and what its regarding. We have had attorneys in the office who returned calls to someone our client was suing then tried to disqualify us because we spoke to someone who called & didn’t leave their name and what the call was about. I hope you can see why the firm has this policy.”

b. If they tell you what they are calling about and I can't take the call at that moment, tell them that I am on another line or with clients and get the correct spelling of their name and their correct t/p number. It is embarrassing for me to call someone I know and mispronounce their name because I am reading a major spelling error on your phone message e.g. if you tell me Jim Bradshaw called instead of Jim Bradlow. If the caller has left a voice mail message and you are not able to ask for the correct spelling, please indicate in your email message to me that you are not sure of the spelling by indicating with this: (sp?) that way, I’ll be able to indicate I’m not sure of the correct pronunciation. If you come across a hard to pronounce name and it doesn’t sound anything like it is spelled, give me a phonetic spelling of the name. That will help me out also.

13. Tell me when a secretary (instead of the client, attorney, or friend) is on the line. It can be very embarrassing when I say "Hi Jim, has your secretary found out she’s getting fired?" (or something else personal to Jim Bradlow when I pick up the phone) and then I find out it's his secretary on the line waiting ‘til I get on the line to put him through. Let me know if it's a long distance call on the line. I might want to take it even if I'm busy since it would be "on their dime."

When initiating a conference call I like to be the LAST person that you add to the conference. Also, please remember that our phone system only allows the initiating caller to conference in 5 people. Example: You initiate the call to Joe, Tom, Bill, Mike and Bob. This is the max number of people that you can have the call, so it will be impossible for you to conference me into the call; therefore, you must only have 4 people on each call because I will be the 5^th person to be conferenced into the call. If there will be more than 5 people on the conference call, you can use our conference call dial-in system. You will give the participants the toll free number to call at an allocated date and time (1-866-228-9900) then you will give them their guest code to enter. You will then call the toll free number at the allocated date and time and enter the host code. Each person should then be on the line waiting for the call to begin. You can then transfer this call into my office. After using this service you will get an e-mail from the software company. Forward this e-mail with a client number in the subject line to bookkeeping.

14. Timesheets. I enter my own time into our system, but I need you to remind me what came across my desk such as affidavits of mailing, notices of motion etc. Open a “new” email at the start of your day to log incoming/outgoing faxes, drafts of letters and pleadings to help capture as much of my daily billing as possible. Put the file # first, the case name in ( ) and write the entries in, i.e. 1557-22 (Ajax) Receipt and Review fax from Smith regarding confirmation of depositions set for October 4^th and 5^th, 2006. Send this to me at the end of your day in case I forgot to bill for reviewing these matters. Please "bug" me if I procrastinate getting my time into our system. I think you are organized and "watching out for me" when you do this.

15. Notes. I sometimes give verbal instructions. I really like to see you take notes on a yellow or steno pad and then cross off each one as you do it. This makes me feel like you are organized and that you will remember the instruction so I can put it out of my mind.

16. Mailing Boxes/Packages: DO NOT SEND ANY PACKAGES/BOXES I GIVE YOU BY US MAIL. ONLY SEND VIA FED EX OR PRIORITY MAIL.

17. Transcription tapes. I usually like assignments transcribed the same day or by the next day. I feel much more organized when I know my dictation gets typed the same day. I also like you to read the rough drafts and pencil or redline your suggested changes. That is, read for content as well as spelling and grammar. Please proofread and use spell check!!! If I have given you a tape at the end of the day and have told you I need it done before you leave...if you have only spell checked the document and not proofread it, TELL ME THAT on the draft so it won’t bug me while reading the document and I find errors in content, etc.

18. Rough Drafts. I like you to attach exhibits, enclosures, or attachments to the rough draft of letters, affidavits, pleadings, or documents. That way I can double check that we are sending the right exhibits to the right person. The fewer errors, the more confidence I have in my Assistant. Make sure nothing goes out without my initials or signature showing I reviewed it.

19. Use Colored Folders.

a. Green Folders. Review - Put rough drafts you transcribed or other documents that associates have drafted and need to either be revised or initialed by me in a green folder labeled "To do."

b. Red Folder. Urgent correspondence, pleadings or documents should be placed in a red folder labeled "Rush." Put this folder on my chair so I see it when I sit down.

c. Manila Folder. Junk Mail - Open my junk mail and put it in a separate, manila folder labeled "Junk Mail" and don't paperclip it--staple it if you need to attach some of the papers together.

d. Yellow Folder. Mail - Open it and put it in a separate, yellow folder labeled "Mail."

e. Blue Folder. For Signature - I like these placed in a blue folder labeled "For Signature."

f. Purple Folder. Faxes – I would like the faxes that arrive throughout the day stapled and placed in this purple folder for my review. Do not forget to print out the initial fax page that states where the fax is coming from and the date so that you can put the correct file number on it and send it down to billing.

Part 2- What you should tell a new secretary

21. Files.

a. I like my pleadings files organized as shown in the office or secretary manual--only one row of tabs on the side, don't have proof of service as a separate tab, just on the bottom of the particular pleading. I like, if possible, a motion, opposition, and reply to be all in the same file--although I know sometimes this is not possible. Pleadings files should be labeled 1, 2, 3 etc.

b. On the day before a hearing, I like the file pulled, check to see if there is proof of service, and put on my desk. That way I don't panic trying to find a file 5 minutes before court.

c. I get off center if I can't find a file. Usually it's buried on my desk or at my house, so I try not to focus my frustration on my Assistant, but the fewer times this happens, the more I feel that my Assistant is really organized.

d. If a file gets too thick please make another file.

22. Clients. I really like you to know who my clients are and the status of their case. That really impresses me. It usually impresses them and I hear about how great my Assistant is from my clients. This makes me appreciate my Assistant.

23. New Clients. Please check conflicts before setting an appointment for a new client to come in and before you give me a phone message to return a new clients call. If a potential conflict does come back, when you send it to me via email, please say: “On the conflict check for (whomever), So and So came back as a client of M&A for 3 weeks in 1999. The file is currently closed (or open, whatever the case may be). All new clients that come into the office must fill out a New Client Information Form. Please make sure you get any referral information at that time also. (i.e. who referred them to this office). There is a $400.00 fee for Initial Consultations, although I sometimes waive this fee. After conflicts have been checked and a blue sheet has been completed, you must add the new client to my “Current Case List” which should be updated on a weekly basis.

24. Miscellaneous Inquiries and Correspondence. I like a file created called Miscellaneous Inquires- (year) and one called Miscellaneous Correspondence - (year). They should go to the file room at the end of February of the next year and new ones started for January 1, (year). Miscellaneous inquiries should also go on our billing computer as a cross reference in case another attorney starts to take a case for an adversary of the person I met with as a miscellaneous inquiry.

25. Case List. I would like for you to get a status report from each attorney I am supervising.

26. Rolodex. I keep all of my phone Contacts in Outlook. Periodically I will tell you to add or update t/p numbers or addresses of friends, family or other numbers that you might need or I have used in the past.

27. Things to Do List. When things start to get busy, I like you to have a yellow pad "things to do" list so I can go over the priorities periodically.

28. Vacation and Sick Days. Before you go on vacation or if you call in sick, please have someone handle these duties and send me an email or voicemail as to who you picked to:

a. answer my phones,

b. check my email,

c. check my voice mail,

d. check your voice mail,

e. open and sorting my mail,

f. check my calendar, scheduling appointments, etc.

29. Office Manual. Please read the office and secretary manual several times. They contain a lot of useful information.

30. Ask Questions. I am open to questions; even ones you might think are too trivial. I would rather spend the time to do things right the first time.

31. Helping Others. I appreciate it when you help other secretaries in the office. If you think there will be a conflict in getting my high priority work done as well as the other attorneys' work, please come discuss this with me so I can talk to the other attorney and he or she and I can prioritize our work.

32. Nose to the Grindstone. I get irritated when I perceive (whether based on the true facts or assumptions) that my Assistant is making too many personal phone calls or is having frequent and extended personal conversations with other co-workers. I will usually say “lets get back to work” before I come unglued.

33. Priorities. When things in the office get busy or I am preparing for trial, etc., I prefer my IN BOX to only contain P1s and P2s. All P3s should be kept at your desk until things slow down or I have a moment to review them.

34. Being out of the Office for Appointments, etc. Please send me an email that you are leaving for the afternoon or that you will be gone for awhile for a doctor/dentist appointment, etc. Do not assume that just because it was on Roll Call for that day I have seen that information. That, plus it is easy with so much going on during the day that I may have forgotten you have the appointment and need to be reminded. If your appointment is in the early morning and you will be in late, please call the receptionist and have her send me an email reminding me that you will be in late.

35. I like my secretary to be at her desk. If you have to be away from your desk for any extended length of time (to send a fax, meet a client in the lobby, etc.), please email me where you are going. Have the runners do as much of your large copy jobs and faxes as needed.

36. Following up. There is always follow up to do on files whether for Mediation/Arbitration which requires retainer fees, agreement execution, exhibit production, general compliance pursuant to agreement. Keep a tickle system to make sure all the follow ups are being met.

37. Naming Documents: When naming documents, I like the year-mo-day then whose document (not plaintiff or defendant-use their names) then the name of the document, e.g., 2009-03-14 Jones Motion to Consolidate.

38. New Duties. Let me know if you come across some things that I do or do not like so I can update this list periodically.

Don't Kiss Butt

Don't Kiss Butt. This is opposite of Nike's infamous slogan "Just Do It." If you are overly friendly, as if you are the shareholder/partner’s new best friend, when in fact you just met him or her, your friendliness will be interpreted as butt kissing, even though that is not how it was intended. Remember, in all of your communications, it is not your intended message which matters, it is how your message is received. Be clear on what is important—doing quality legal work is the most impressive thing you can do from a shareholder/partner’s perspective. Respecting that shareholder/partner is the second thing. This means being quiet when the shareholder/partner speaks i.e., not trying to speak over him or her; telling him or her that you appreciate constructive feedback, even if your pride is hurt; and executing the tasks you are given in a thorough and efficient manner. Here is a tip: Argue with the Shareholder from the outside. Instead of saying, "we will lose the Motion for Summary Judgment because there are factual issues about whether the light was red or green," say it like this, "What is the opposing attorney [or judge] claims there are issues of fact about whether the light was red or green." You will find the response and attitude of the Shareholder will be night and day depending on how the issue is presented.

How to be a Lawyer with Integrity

Practice Law with Integrity. What is integrity? Integrity is more than honesty. Integrity is a conclusion that others reach when your words, actions and values are aligned. For example, honesty is a value. Most people, of course, want to be perceived as honest. If your goal is to win, even if it means lying, cheating, or stealing, you may win in the short term, but you will not win in the long term and your reputation will suffer. Most attorneys are not that blatant. Some attorneys will shade the truth just enough to defeat summary judgment or answer interrogatories vaguely. Do those attorneys win in the short run? Sometimes. Do their adversaries recognize what is happening and remember? Of course. You do not want to develop this type of reputation. Once tainted, your reputation is difficult to re-establish.

What to Say to People You Meet

Know What to Say to Potential Clients--memorize a script. What do you say when someone asks you “What kind of law do you practice?” Or “What is your specialty?” This 3 to 10 seconds might be the most important words you speak in terms of client development. You want to differentiate yourself from other attorneys and leave the person with a memory that will stick with them. For example, “I work on contracts and real estate matters including litigation involving contracts and real estate. In addition, we have over 30 attorneys in the office and can handle most everything. What line of work are you in? Who is your attorney?” People like to talk about themselves so ask questions like “How long have you lived in Las Vegas? How did you get into that line of work? How do you handle the growth in your business in terms of [managing people i.e., hiring, firing basically HR issues--see if there is work for our employment dept] “How much space does your company occupy and where are you located? [see if there is lease work for our transactional dept], “Do you have a will and trust? [see if there is any work for our estate planning dept] and if they don’t have a trust, ask “Do you know why trusts are so popular?” Then tell them, “Trusts save you the costs of probating your assets--no attorneys or court fees, they are totally confidential because there are no public documents filed with the court listing all of your assets, you can give money to your kids in increments when they are 21, 25, 30 or more instead of the kids getting all of the assets at age 18, you can sell property after someone dies without a court order, and finally you can save federal estate taxes.”

How to be a Good Attorney-Develop an Area of Expertise

Develop an Area of Expertise. Work toward an area of expertise. It is almost impossible to be a general practitioner these days. To name a few, estate planning is very different than corporate work which is different than transactional work which is way different than litigation. In litigation, there are many specialties such as real estate law, bankruptcy, personal injury, etc. If you like working on homeowner association work (i.e., forming them, drafting CC&R’s, representing property mangers or boards of directors in general or special elections, etc.), then learn as much as you can in that area. Study the statutes. Study the cases. Study the psychology of group decision making. Everything you learn is like adding more and more heat to a pot of water. At 211 degrees, not much visible happens. All you have is hot water. When you really learn an area of the law, it is like water that reaches 212 degrees and the steam that is produced has the ability to power a locomotive or a generator, you will develop ability, skills and confidence.

How to Deal with Opposing Counsel

How to Deal with Opposing Counsel. Most attorneys need to learn how to "recognize" instead of "respond" to opposing counsel's tactics. At some time in every attorney's career, he or she will be in a heated exchange with opposing counsel. Tempers flare and the stress level reaches a boiling point. All of this can be avoided simply by recognizing what is happening. When you feel your stomach churning and the anger welling up inside, a neon light should flash in your mind. Usually one of two things is happening: Opposing counsel interrupts you and does not allow you to finish, or opposing counsel makes a personal attack on you.

It is easy to deal with counsel who interrupt you. First, you must recognize what is happening. Then, you must realize that opposing counsel probably doesn't even know he is engaging in such obnoxious behavior. When you feel anger begin to brew during your discussions with opposing counsel, do not respond with anger. Once you recognize the source of your anger is opposing counsel's rude and interruptive behavior, calmly explain to him that he is interrupting you and that you are not being allowed to finish what you are saying. In most cases this will be sufficient.

However, there are many attorneys who still do not realize what they are doing, even after being told. You must then use more forceful tactics to get your point across. A useful technique is to tell opposing counsel (after he has interrupted for the third time): "Tell me when you are through so I can tell you my position without being interrupted." Then every time he interrupts, you say, "You are interrupting me. Why don't you let me finish? I allowed you to completely state your position and it's only fair that you do the same for me." Remember, the bottom line is that the attorney who constantly interrupts does not realize that he is being so obnoxious. Therefore, you must constantly remind him that he is interrupting you. This can be accomplished in a calm, controlled way without using any derogatory language. It is only through this approach that you will be able to educate counsel and allow him to alter his conduct with dignity.

When opposing counsel makes a personal attack, your feelings of anger are the same as when you are interrupted. However, the remedy is not as easy. Opposing counsel's words or body language may clearly indicate "you are wrong." This attorney is allowing his ego to get in the way of effective communication. He wants to show you that he is right and you are wrong. Most attorneys' responses are extremely defensive. Nobody likes to be told that they are wrong by words or by shaking of the head and a sigh, as if you just came out of the psychiatric ward. The first order of business is to recognize (instead of respond) to the personal attack. When you feel anger beginning to overcome your normally calm personality, that same neon light should make you stop and recognize what is happening.

Once you recognize the reason for your anger, you need to determine the exact basis of the personal attack. For example, you and opposing counsel may disagree on what documents an expert may be required to produce. When this breaks down into name-calling because "you aren't bright enough to know the rules," or that your opinion is unprofessional or unrealistic, you must quickly focus on the exact nature of the disagreement. Then, you must do two things.

First, tell counsel in no uncertain terms that "I do not appreciate your personal attack on me. There is no reason to attack me personally because we disagree." You must tell counsel that "We clearly have a difference of opinion regarding what documents the expert is required to bring. Let me make sure I understand your position. It is your belief that the expert is not required to bring the documents that we have been discussing and I believe he can. We will let the judge resolve that dispute. However, just because we disagree, that is no reason for you to personally attack me."

Then attempt to determine what issues you can agree upon. At the very least, you and opposing counsel can crystallize your positions, i.e., determine whether you disagree and the basis of each of your theories. It may be that once you are fully informed of the basis of opposing counsel's objections, you will agree with him. It is much more difficult to accept the validity of opposing counsel's point of view if he has made a personal attack upon you, especially if your response escalated the attack. It is a waste of time to defend your position just because your ego is involved. However, dealing with this personal attack in a way that recognizes what it is and precisely focuses on the dispute that caused the attack will greatly assist you in resolving the dispute in a calm, stress-free manner. Many attorneys feel that interruptions and personal attacks are what lawyers are supposed to do. These attorneys have had the wrong role models. Life is too short to unnecessarily add to an already stressful profession.

Here is a tip:

Assume that opposing counsel will not agree with anything that you want or do. If you expect opposing counsel to agree to a reasonable request, you will be disappointed 80-90% of the time. Why not assume opposing counsel will reject your proposals, ideas and settlement terms. If they agree--great. If you assume their only purpose in life is to see if you are tenacious enough to press the case to trial, then your expectations will never be crushed and you will not get angry. Assume opposing counsel knows their client has no defense to your case and that the only thing they can do for their client is to see if you will get tired of their roadblocks, hurdles and insults. Many attorneys are motivated at the beginning of a case, but after 4-8 months, their attention is drawn to another case and they hope you will go away. Make a call, wait a day or two, then write a letter, wait a day or two, then file a motion. Assume you have to follow that procedure EVERY TIME. If you get an agreement on an issue, don’t assume that opposing counsel is your new best friend. Instead, assume that you will meet with the same opposition on every other issue. Be polite but move the case forward.