Write Better Faster

Originally published by Wayne Schiess.

Six tips and techniques

A recurring question I get from lawyers, law students, and other readers is how to implement the best writing advice while writing under harsh deadlines and heavy workloads. “I want to write better,” these lawyers say, “and I know the things you recommend are good. But I just don’t have the time.”

A variation of this question is this comment: “Even if I had the time, the client won’t want to pay my fee if I take the time necessary to implement all the writing techniques you recommend.” So the ultimate question is this: “How can I write better faster?”

I present here some  advice I usually give combined with the best ideas from real lawyers who deal with real clients and real deadlines.

Spend time on an outline. But outlining will slow things, down, right? No. A good outline, especially one that has complete sentences, will make the composing go faster, according to the author of The Psychology of Writing, Ronald Kellogg.[1] The more detailed the outline, the faster the composing will go. The better the outline, the less time you’ll have to spend re-ordering. The earlier you start the outline, the more payoff you’ll get from outlining.[2]

Learn to compose rapidly. Get a draft down fast by shutting out your internal editor or “judge.” Save editing for later. Just write, and write fast. Compose in quiet or after work hours, away from distractions. And try training yourself to type faster—75 words per minute at least. If you’re unable to improve your typing speed (and I’ll confess it’s been tough for me), try voice-recognition software. I once brought a major project in on time by speaking it into voice-recognition software. Yes, I was working from a detailed outline.

Raise your writing IQ. Attend legal-writing CLE courses, read books on legal writing, and study the best sources on English and legal-word usage. Your goal is to speed up both composing and editing. The more you know, the fewer writing slips you’ll make while composing. And although you’ll never consider a first draft a final product, your first drafts will get better and better. So then you’ll save time on editing, too.

Thoroughly understand the material (or write what you know). Writing goes faster if you know the subject well. For example, when I writing about legal writing, I zoom. When I write about a topic that’s new to me, I plod. It’s natural. So if you’re not consistently able to write about subjects you know well, you must master the material in order to write quickly.

Establish and stick to deadlines. Create and follow a routine for completing all major writing projects, with deadlines for researching, outlining, composing, and editing-revising. For editing, create an evolving checklist of everything you know you’ll need to check. As you raise your writing IQ and as you work and re-work your routine, your editing checklist will grow—but also shrink.

Stop making excuses. Don’t blame mediocre writing on short deadlines or heavy workloads. Find a way to make the time to edit and revise extensively; revising is the only way to make mediocre writing good and good writing great. Work late, work weekends, or eat the hours if you think the client won’t pay. Even decline projects if you must. But do the work necessary to produce a well-polished product. If you do it right every time, you’ll get faster at doing it right. If you never or rarely do it right, you won’t get faster.

I hope one or more of these techniques will work for you, so you can write better faster.

My books: Legal Writing Nerd: Be One, Plain Legal Writing: Do It.

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[1] Ronald T. Kellogg, The Psychology of Writing 125-26, 130-31 (1994).

[2] Wayne Schiess, Should You Outline? Austin Lawyer 11 (Oct. 2015); Wayne Schiess, Outlining Effectively, Austin Lawyer 11 (Nov. 2015).

 

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“The Family Law Menu” Includes Litigation

Originally published by Larry Hance.

20 years ago, I had the opportunity to help bring a new process to Texas to resolve divorces – Collaborative Divorce. It was a breath of fresh air for caring, conscious lawyers who had been representing folks in divorce and other family law matters for years. We proceeded to provide trainings, forms, and practice procedures to help Texas lawyers do this new process, and do it well.

Today, Texas is seen as a leader in Collaborative Divorce in the country. Most of those lawyers who were trained in the beginning continue to represent clients in the Collaborative Divorce process, and some only handle matters collaboratively. And hundreds and hundreds of other lawyers have been trained during those 20 years.

In order to help get Collaborative started in Texas, I went on the speaking circuit, talking to lawyers and the public to educate them about the benefits of Collaborative. I called many of those early talks “The Family Law Menu” because before Collaborative was introduced, we all pretty much handled all divorces the same way. It was all in the litigation process, even though most divorces settled without a final trial. 

Collaborative opened my mind to the idea that there can be multiple possible processes to help parties resolve their divorces. That’s when we started talking about a “menu” or “process options”, including “kitchen table” (where the parties primarily work out the terms), “lawyer/lawyer negotiation” (using the lawyers as a conduit of the parties’ settlement communications), “mediation” (which in Texas is really adjunct to the litigation process), “Collaborative Divorce” (where the parties and their two lawyers have a series of meetings together and have assistance from a neutral financial professional and a neutral mental health professional), and last “litigation” (using the court to resolve the issues). 

Because I was a constant speaker for a few years on these topics, and a leader in the Collaborative Divorce movement in Texas, many of my long time friends and referral sources began to assume that my firm only handled “friendly” divorces or divorces in the collaborative process. 

That has never been true, and it’s for several good reasons: 

1. parties need strong, competent legal help regardless of the process used;
2. most folks don’t know what type of process will be best for them until they meet with a good attorney who can help them make that decision; and
3. we want to be able to help all individuals have a better divorce experience, regardless of how difficult the circumstances, the other party, or the other attorney may be. 

Some folks, because of fear and anxiety, believe they must have a hard-fought, contentious divorce. And if they only see attorneys who handle divorces that way, that’s what they will end up with. While some clients do need to resolve their disputes in the litigation process, many who believe it’s necessary can learn that not only is it not, but it’s a really bad idea for them to reach the goals they have. 

So, Jonathan, Bryce and I handle cases in court throughout our days, weeks and months for clients who must go there. But the difference in our approach and many others is that we work with them to see what the best process is that will help them achieve their goals. Then we pursue that process diligently, using our deep experience and knowledge of both family law, and the court system and procedures to achieve our clients’ best possible outcome. That’s what it’s all about!

 

About the Author

Larry Hance is managing partner and founder of the Dallas law firm Hance Law Group. With more than 35 years of experience in family law, Mr. Hance uses his experience with the legal system, judges and other lawyers to help clients achieve the best possible results.

To schedule an initial consultation with Larry and the Hance Law Group team, please call us at 469.374.9600 or email Kelly Bailey at kbailey@hancelaw.com.

The post “The Family Law Menu” Includes Litigation appeared first on Hance Law Group | Trusted Dallas Family Law Attorneys.

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Comments sought on proposed rule changes for lawyer advertising, cessation of practice

Originally published by Staff Report.

The Committee on Disciplinary Rules and Referenda has published proposed changes to Part VII (Information about Legal Services), Texas Disciplinary Rules of Professional Conduct, in the March issue of the Texas Bar Journal and the February 28 issue of the Texas Register. The published proposal includes revisions to the previously recommended rule changes. For a summary and background of the latest revisions, and to view the proposed rule changes, please click here.

The committee will accept comments concerning the proposed rule changes through April 10. Comments on the proposed rule changes can be submitted here.

A public hearing on the proposed rule changes will be held at 10:30 a.m. April 7 at the Texas Law Center in Austin.

Voluntary Appointment of Custodian Attorney for Cessation of Practice

The committee has also published proposed Rule 13.04 (Voluntary Appointment of Custodian Attorney for Cessation of Practice), Texas Rules of Disciplinary Procedure, in the March issue of the Texas Bar Journal and the February 28 issue of the Texas Register.

The committee will accept comments concerning the proposed rule through April 10. Comments on the proposed rule can be submitted here.

A public hearing on the proposed rule will be held at 10:30 a.m. on April 7 at the Texas Law Center in Austin.

Additional Information

The committee is responsible for overseeing the initial process for proposing a change or addition to the disciplinary rules (Gov’t Code § 81.0873). For more information, go to texasbar.com/CDRR.

To subscribe to email updates, including notices of public hearings and published rules for comment, click here.

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Come and stay awhile

Originally published by David Coale.

Section 171.025 of the Civil Practice & Remedies Code says: “The court shall stay a proceeding that involves an issue subject to arbitration if an order for arbitration or an application for that order is made under this subchapter.” The dispute in In re: Baby Dolls Topless Saloon involved a mandamus petition from a defendant’s perceived inability to obtain an order implementing this stay, during its interlocutory appeal from denial of its motion to compel arbitration.

The panel majority denied the petition, finding  that “Relators’ previously-filed interlocutory appeal negates their ability to demonstrate the second requirement” for mandamus relief–the lack of remedy by appeal. A dissent would have granted a stay as part of resolution of the mandamus petition, expressin “concern . . . with the period of time between the filing of an appeal from an order denying a request for arbitration and its submission to a panel with authority to dispose of it on the merits.” No. 05-20-00015-CV (Feb. 24, 2020) (mem. op.) b

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How to uncover a fraudulent potential new client

Originally published by Guest Blogger.

Lawyers, especially collection lawyers, are always looking for new creditor clients. Deceptive criminals have been preying on lawyers for years. Some “scammer detection” tips follow:

Typically the “scammer” will contact you by phone or via email. The email will state that the “scammer creditor” company has a debt to collect from a debtor company in your area. Often the “creditor” is located out of state.

First, look at the email. If the creditor states he or she got your name from a local referral service, it is probably a scam because the lawyer referral service sends a separate email introducing you to the referral. Know the process your local bar follows; most crooks don’t. Look for irregularities in referrals.

Second, when you call the creditor, listen carefully to the collection story. Listen for the full name of the creditor and the address. Get the name of who the creditor representative (the “scammer”) is using. Get the name of the local debtor. Let the creditor tell you what proof he or she has of the debt. Skilled scammers will be quick to tell you that they have all the proof you need. Listen to discover if the scammer has invoices, a credit agreement/account application, and bill of lading you would typically have to collect. Remember that a skilled scammer will have fake proof to fool you. This person has done this before. Listen for a story that is almost too good to be true—the debt is easy to collect. For instance, “Our debtor has not denied the debt” or “The debt is only a few weeks past due” or “We just think a debt demand letter from you will get them to pay” or “They owe us $225,000.” The scammer will ask about your billing rate and retainer. If you give the scammer a high rate and he or she doesn’t balk, then that is a warning sign. Oftentimes, scammers will show no hesitation to pay you a rate that is higher than your local standard. They may even offer to send you a big retainer. They will probably offer you a large percent incentive bonus if you collect the debt quickly. Scammers look for greed. After taking in the information, tell the scammer that you will get back to him or her with your fee agreement and retainer wiring instructions, etc. Get the return phone number.

At this point you are not sure whether the potential new creditor client is legitimate or not. Do your homework. Go to the Secretary of State’s Office and see if the creditor company is authorized to do business in your state. See if the creditor company actually has a charter on file and a tax record. Scammers look for companies that have recently closed. They will take the name and information of a closed company and hope you don’t do a background check. Scammers look for companies in warehouse districts where they have access to the closed company’s mailbox on the side of a building. If the creditor’s charter has been forfeited, that is a strong warning sign. But remember, a lot of smaller creditors fail to manage their corporate charter filings, so keep looking for other errors. Check the telephone number on your caller ID and compare it with the scammer’s number and the phone number for the “real creditor’s” charter records on file with the state. If the numbers don’t match, that is another warning sign. If the caller ID shows “Unlisted” or “No Name,” those are warning signs that the scammer may be using a burner phone, a prepaid phone that can easily be trashed later with no connection to the scammer. Check Google listings for the company (a search I made once showed glowing reports of the services received and then I happened upon a statement about how sad the customers were to learn the company had closed). Do a Google Earth street view search. Beware of buildings that have no cars in front or buildings that look like they are locked up or have notices posted on the front doors. Note that many landlords do not immediately remove their tenant’s business signs after the business has vacated the building. Do your best to get a good background understanding of your potential client.

Look up the debtor company. If the debtor’s information is hard to find in a Google search but the creditor’s address assertions are definite, this could be another sign of a scam where the scammer has simply made up a name for the debtor.

If you see several incongruent facts, decide if you want to risk going further. Remember that if you decide to reject a potential new client, you must send the scammer a “no representation”/goodbye letter. Resist the temptation to tell the scammer you are on to him or her. Stay professional and let go. Move on to good clients who need your good services.

If you miss the warning signs and continue with representation, the scam will look like this: You send the demand letter to the debtor and within a few days, the scammer calls and tells you that he or she has received the debtor’s payment check and asks if he or she can pay you from the received check. The scammer will tell you that he or she must send the check or cashier’s check to you so you can get paid. He or she will tell you that you are going to get a nice bonus. The check arrives, and you put it in your trust account. If you send the scammer your trust account check, you will find the scammer’s payment check is a fake and will never clear. However, if you send the scammer your trust check, expecting the scammer’s check to clear with good funds, you will lose your money because you guaranteed your trust account and the checks you issue on that account. You will have to come up with the funds to satisfy the sum now overdrawn from your trust account.

Your last ditch warning of a scam occurs after you have received and deposited the scammer’s fake check into your trust account. The scammer will start calling you incessantly—at first saying the money is necessary to pay debts. The scammer will congratulate you on your good work and promise more work for you. If you delay further, the scammer will then start threatening you with a grievance, a lawsuit, and other serious actions. When the fake check is deposited into your trust account, the scammer knows that he or she only has a limited amount of time to convince you to send one of your good checks in payment. Often you will be told to wire funds to accounts that may or may not be identified with the creditor’s stolen name. Offshore accounts will also be used. These are your final tip-offs to a scam in progress. Don’t send money from your trust account until you are absolutely sure good funds are in your account. Do not count on your bank saving you. Most banking account agreements now specifically state that you bear the risk of funds confirmation.

Beware of giving an unknown prospective out-of-state new client your wire transfer instructions for a retainer. Talk to your senior banking officer about what you are experiencing and ask if he or she has experienced this before (without naming names, my banker told me that at least two major law firms had fallen for this scam). I was armed with this knowledge when the scammer approached my firm.

Look for things that are too good to be true. Look for warning signs that your gut tells you that something is not right. Do this and you will save yourself money and grief.

Clint C. Blackman III is a Dallas collections lawyer with over 25 years of experience. 

 

 

 

 

 

 

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Top 10 from Texas Bar Today: Estrays, Disgorgement, and Wit

Originally published by Joanna Herzik.

To highlight some of the posts that stand out from the crowd, the editors of Texas Bar Today have created a list from the week’s blog posts of the top ten based on subject matter, writing style, headline, and imagery. We hope you enjoy this installment.

10. Could Social Media Affect an Injury Case? – Aaron Herbert of The Law Firm of Aaron A. Herbert, P.C. in Dallas

9. Law Firm Associates: Why Your 5th Year Determines Your Future – Cordell Parvin @cordellparvin of Lateral Link in Dallas

8. How SEO Content Can Benefit Your Law Firm – Elizabeth Flake of Stacey E. Burke P.C. @StaceyEBurke in Houston

7. Supreme Court to Decide on Willfulness Requirement for Disgorgement of Profits in Romag v Fossil – Peggy Keene of Klemchuk LLP @K_LLP in Dallas

6. Family History Guides Interpretation of a Texas Will – Charles Sartain and Kelley Clark Morris of Gray Reed & McGraw, P.C. @GrayReedLaw in Dallas

5. Brevity, not always the soul of wit – David Coale @600camp of Lynn Pinker Cox & Hurst, LLP in Dallas

4. Texas Appeals Court Upholds Modification Allowing Unsupervised Visitation – Robert Epstein of McClure Law Group @McClureLaw in Dallas

3. Independent Contractor or Employee – Brett Holubeck @BrettHolubeck Alaniz Law & Associates in Houston

2. TX Attorney General Opinion: Estray Laws Apply in All Counties – Tiffany Dowell Lashmet @TiffDowell, Assistant Professor and Extension Specialist in Agricultural Law with Texas A&M Agrilife Extension in College Station

1. The 9 D’s of Cybersecurity: Real Data Protection Takes a Multi-Pronged Approach – Kelce Wilson of Grable Martin Fulton PLLC in Murphy

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Two Views Of Claims Management: Prompt and Full Payment vs. Overpayment Caused By Fraud

Originally published by Chip Merlin.

Insurance claims adjusting is not easy business. Quality adjustment which vets claims quickly and gets the money to policyholders fairly, promptly and fully is challenging work. I have repeatedly indicated this in numerous blogs. The following quote found in Insurance Company Claims People Are Important, is similar to many comments in other blog posts: Insurance… Continue Reading

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