nursinglawbandit

Economics of Law Practice

What Every Lawyer Should Know about the Economics of Law Practice? See http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1188378146356.

It would have been nice to have this article several years ago when I started my practices. What do you know about the economics of law practice?

I like this article. It reminds me again why I decided to use primarily flat fees in my law practice as opposed to hourly fees because in order to make more money with hourly fees you have to work more and bill more and there are only so many hours in the day, right? Then in order to generate more revenue, you have to add associates who will work and bill hours.

The article mentions the gap between law school education and the professional practice of law. What do you think law school can do to better prepare attorney for the practice of law?

I can't imagine in nursing school if we as students didn't have clinical hours, externships, and entire course semesters that focused on the care of a specific patient population. What if nursing school was structured like law school; do you think you would have learned more or less? I know its hard to compare the two but I have always said that nursing school (ASN and BSN) was tougher than law school. Now the Bar Exam is an entirely different story...

Nursing Law Experts and Nursing Experts

An article in the August 30th edition of the New York Lawyer (you must register online to view the article) mentioned that Intellectual Property (IP) experts generally command $250 to $450 an hour. Some of the more renowed and qualified IP specialists command $10,000 a day ($1,250 an hour for an eight hour/full day of work) and at least IP specialists commands $2,000 an hour. See http://www.nylawyer.com/display.php/file=/news/07/08/083007h

What are nursing experts, nursing specialists, nurse consultants, and nursing law experts commanding for hourly rates? I see ads that mention a LNC can earn anywhere from $75.00 to $150.00 an hour. As an attorney I have reviewed a number of contracts for nursing consultants and have seen hourly rates from $150.00 to $250.00 depending on the education, expertise, and experience of the nurse.

Most of the legal work in my law firm is based on a flat fee. However I must admit, I have been fascinated by hourly fees and hourly billing here lately (as indicated by the number of posts on hourly fees and billing this month).

Unauthorized Practice of Law vs. Nursing Scope of Practice

Do you think the Application for Licensure by Examination that is submitted to a State Board of Nursing is a legal document or a business document? Is it a legal document because its being submitted to a licensing board? Is it just a business document? What do you think?

I ask because I had a situation where a nursing instructor improperly advised a nursing student that the nursing student did not have to disclose a criminal conviction on the Application for Licensure via Examination to a State Board of Nursing.

Where is the line in this situation between the nursing scope of practice and the unauthorized practice of law (UPL)? 

I think that nursing instructors, faculty, and professors should discuss the Application with nursing students and this post isn't meant to discourage this practice. I would however like to create an awareness that there is a line between what's permissible in the nursing scope of practice and what can be construed as the practice of law by counseling and advising a party on his/her rights, obligations, and duties in a specific situation.

UPL is state-specific. In general reviewing, analyzing , and discussing specific facts and counseling and advising an individual on his/her options, rights, responsibilities, and obligations in a given situation, which can be construed as legal advice.

What do you think?

My concern as a nursing defense attorney that in this situation it will be a nurse, either the  nursing instructor or the nursing student in the hotseat. It will be the nursing student if he/she relies on the "advice" of a someone who is not admitted to the practice of law, to his/her own detriment and fails to disclose information to the State Board of Nursing. Some may argue the student should have known better than to rely on the advice of someone not admitted to law practice.

It will be the nursing instructor, faculty, or professor in the hotseat in the event a State UPL Committee or State/Local Bar Association investigates the allegations (Attorneys are very protective of their scope of practice. As an example multiple entry levels into the practice of law do not exist in general) which may eventually lead to a State Board of Nursing investigation for practicing outside the nursing scope of practice, and a criminal investigation as practicing law without a license may be a crime in some states. Who wants to be involved in something this convoluted?

What's the bottom line? Know your scope of practice and seek assistance when in doubt.

Is It Really a 1099 World Now!

I am reading the May 2007 issue of SUCCESS from Home (www.successfromhome.com) . John Fleming who authored the article "Way of the Future" quotes a Fortune magazine cover story which stated "Forget the paycheck; your W-2 days are over. Its a 1099 world now."

Do you agree with this statement? Being self-employed can be scary at times because you don't have a "steady" paycheck but its exciting to have control over your career. When I graduated from law school, I assumed I would work in a large law firm, eventually make partner, and live happily ever after. I know it sounds corny but I didn't have a clue when I graduated from law school in 1997. I was clerking with law firms and working as a nurse at a large teaching hospital and I thought it couldn't be that bad working full-time in a law firm.

I never in a million years would have thought that I would have my own law firm and consulting firm and be self-employed when I graduated from law school. I have to tell you this story.

When I decided to leave the large law firm where I worked, my grandmother asked me if I was crazy. I replied No, I am not happy. She laughed and told me that it doesn't matter if you are not happy at work as long as you are making alot of money. I want to be happy and I have to love what I do for a living. Its "All or Nothing" for me with life, love, and career.

I am happy with my career. If I wake up one day and I am not happy with my career, I will do something about it! That's just me.

It is a 1099 world for me at this point in my career. The majority of my income is derived from my law firm although I still receive a W-2 as an employee of Interim Healthcare in Cincinnati, Ohio.

Is it a 1099 world or W-2 world for you? Are you happy?

Nursing & Legal Conferences, Seminars, and Meeting...Oh My!

I reviewed my 2007 Law and Consulting Firm Marketing plan several times this week only because we are approaching the end of 2007 and I want to monitor and scrutinize my progress or lack of it.

For professional development, I listed that I would attend two law and nursing-related conferences applicable to my practices (law, consulting, or nursing) this year. I must report that I haven't attended a single professional development seminar or conference this year.

I am attending the Ohio Nurses Association Biennial Convention this year in Columbus, Ohio because I am a delegate for the Southern Ohio Nurses Association (SONA) and I am running for a position to be elected to the  ONA Delegation for the House of Delegates with the American Nurses Association (ANA). The ANA House of Delegates will meet in June 2008 in Washington, D.C.

Okay that's one nursing seminar/convention. I am also planning to attend The American Association of Nurse Attorneys (TAANA) Annual Meeting in Rhode Island in November 2007. See www.taana.org for additional information. I am considering this a nursing and legal seminar/conference.

I am also trying to attend the National Association of Hearing Officers (NAHO) meeting in New Mexico in November 2007. See www.naho.org. No, I am not a hearing officer however the conference sessions would be applicable to my law practice. This counts as a legal seminar/meeting/conference.

What types of seminars, conventions, and conferences have you attended for professional development this year? I know conferences are expensive and I would love to attend the ABA Health Law meetings or one of the specialty fraud and abuse seminars however I refuse to pay $600 to $1,000 for conference registration exclusively. As a solo, conference fees are paid with my hard earned cash and I can't stomach paying those types of fees out of pocket.

I wanted to attend a legal ethics conference being sponsored by my malpractice carrier in Las Vegas in October 2007. Its really hard to stay focused on educational sessions and professional development while in Las Vegas.

$1,000 and going up...Hourly Rates for Attorneys

I wrote a post earlier today about billable hours. See this article in the American Bar Association Journal Today about attorneys who hourly rates are $1,000.00. http://www.abajournal.com/news/top_lawyers_bill_1000_an_hour/

The billable hour isn't dead for the majority of attorneys, but it is in my law practice. Would the market bear you charging $1,000.00 an hour? Would your law or consulting practice survive or would you be laughed out of the market?

Is the Billable Hour Dead? It is in My Law Practice

I am not sure however the discussions are interesting. Scott Turow article "The Billable Hour Must Die" in the ABA Journal www.abajournal.com this month was interesting.

The majority of my law practice involves disciplinary defense and I use flat fees exclusively in the majority of my law practice, except for NSO, HPSO, and Marsh Affinity licensure defense cases where I have to track my billable time. I am not saying by any means that I have "the" or "a" model disciplinary defense practice however I question whether insurance companies like NSO, HPSO, and Marsh Affinity will continue to pay hourly rates in these type of cases.

One reason to keep hourly billing in these cases (licensure defense where the nurses has a professional liability insurance policy) may be that the highest hourly rate paid for attorney fees in NSO/HPSO cases is $150.00 an hour. $150.00 may be considered low by attorneys in general and nurse attorneys with experience in licensure defense depending on the practice area and city/state location. Do you think a $150.00 hourly rate for nurse attorney or attorney representation in a licensure matter is reasonable?   

Would you as a nurse attorney or attorney take these types of cases on a flat fee basis? If so, what factors do you think should determine the flat fee?

Why do I use flat fees? The majority of nurses don't have professsional liability insurance and have to pay for their own attorney to defend their license before the Board of Nursing. The client knows upfront how much it will cost and doesn't have to be concerned about hourly fees and costs when he or she contacts me regarding the case several times a week. I still track my time on the cases and the time spent on emails, phone meetings, and in-person meetings however I don't want to focus on billing my client for each and every minute (or shall I say every 6 minutes because I track my time in 6 minute intervals) we spend in a phone meeting or for legal or nursing standard of care research.

I would much rather speak with a prosective client about a matter, analyze and review my notes, and quote the nurse a flat fee. I tried billable hours initially when I started disciplinary defense work and I didn't like it. It didn't feel right.

Do you use flat fees or other alternative billing arrangements in your law practice? Flat fees may not work in every case however you should consider how you can incorporate flat fees into your law practice. Its liberating not be tied to a stop watch or time clock. 

What's Your Ideal Practice?

I have owned my own law and consulting practice since 2001. However I started practicing in private practice part-time while working for Lexis Nexis as a home-based Legal Editor in 1999. I became suddenly solo in 2001 after deciding I wanted to practice law full-time and practice nursing and my other pursuits part-time.

I have been a licensed attorney since 1997. This year marks my 10th year as an attorney so I find myself again rethinking things. I am also a Generation Xer and think that maybe I am rebelling against myself a little now since I am self-employed.

I enjoy my law practice and I love most of my clients. However, I began to ask myself in 2006 after the 5 year mark in solo practice (which actually was the 8 year mark of some form of private practice) if this is what I see myself doing for the next 30 years. I am 36 years old and the answer is NO.

I am not burning out however I recognize the stress that solo practice places upon attorneys. I have also been so busy marketing, advertising, speaking, writing, and practicing nursing and law since 1998 when I left a large law firm that I haven't taken the time to really enjoy and reflect where I am in my law practice and consulting practice now.

I described my ideal law practice in my 2002 law firm marketing plan that I developed as being 30% licensure defense, 30% alternative dispute (mediation and arbitration), 30% consulting, and 10% nursing practice. My law practice as of today is 99% licensure defense and 1% nursing practice. My consulting practice is non-existent at this point.

My best cousin (I am a Southern Gal at heart) asked me if I still had a consulting firm today because all I talk about (besides my poodles, my son, and my niece and nephews) is my law practice. Her comment made me think long and hard because I always assumed that it would be my consulting practice that took off when in fact it was my law practice. Go Figure!

My ideal practice in 2007 would be: 10% licensure defense, 10% nursing practice, 20% alternative dispute, 20% Counseling and Advising Nurses in Workplace and Professional Practice Matters, and 40% TO BE DETERMINED.

What is your ideal law or consulting practice? What is your ideal nursing practice? Who are your ideal clients? Have you developed a marketing plan for your practice?

I started developing a handwritten marketing plan in 2002 and I keep my marketing plans together so that I can refer back to each year occassionally. I don't have my ideal practice which I consider to be a mixture of law,  consulting, and clinical nursing practice however I will get there. I also want to start a non-profit that focues on nursing and law in the future. I eventually want to transition from home care nursing to more wound care nursing in home care. 

Why did I label this post Attorney Burnout? If I continue to allow my law practice to dominate my time, I will eventually burnout. My law practice is my bread and butter at this time however with time, effort, and more marketing I will shift my practice into other areas. Maybe I can hit the lottery and work full-time in my own non-profit for nursing and the law. 

Take charge of your practice and your career and avoid burnout (nurse, nurse attorney, attorney, etc.) at all costs. There are lots of consulting and employment opportunities for nurses, attorneys, and nurse attorneys.    

What Does Your Business Card Say About YOU?

I ran into a colleague last week at Walmart of all places. She was buying groceries and I was buying dog treats for my four toy poodles. One of my poodles died in June 2007 but I still have four toy poodles.

This attorney works at a large law firm in downtown Cincinnati, Ohio. We exchanged business cards. She commented on the colors and the format of my business card. I looked at her business card and we both laughed because I used to work in a large firm and I had a similiar looking business card then.

What does your business card say about you? I have experimented with business cards since starting my own law and consulting practices. Several years ago I used a business card with my picture on the front however I stopped using those cards because I change my hairstyles frequently from straight, crimps, braids, twists, and everything in between. I am wearing twists now for the summer and will sport a curly roller set in the fall except when I have to travel (then its twists).

Do you think its unprofessional for attorneys to have their pictures on business cards? Realtors are light years ahead of attorneys as far as marketing so please don't say its something a real estate agent would do. Real Estate Agents and Real Estate Companies know how to market and could teach us lawyers a few things!

Consider adding a splash of color to your business card. Maybe change the fonts and typesetting. Or better yet, "party like a rock star" http://www.youtube.com/watch?v=3LMoplcpRJM and market at "the edge" by adding your picture to your business card, website, blog, brochures, and other marketing and advertising materials.

Do You Blog? If not, then at least build a website

I am surprised that more nurse attorneys, especially those of us who are solo practitioners and practice in the licensure defense area don't have a blog or a website. A website should be a minimum with a blog being optional.

I always ask nurses who contact my firm how did they hear about my law practice. I receive a significant amount of contacts from nurses in Ohio, Kentucky, and Indiana who found my website, www.nursing-jurisprudence.com and who then read my blog, www.advocatefornurses.typepad.com. I receive referrals from state nurses associations, advertisement, nurses who have read an article or heard me speak at a conference, etc.

I maintain my own website with www.networksolutions.com. I use www.typepad.com for my blog. I know another nurse attorney who uses www.blogspot.com. See www.nurseattorney.blogspot.com which is Texas Attorney Taralynn Mackay, RN, JD's blog covering nursing issues, risk management issues, license defense and the law.

I change the format, colors, and design of my website and blogs as frequently as I change hair styles (okay not that frequently). This is the freedom that comes along with owning your own business and doing it your way.

I didn't pay thousands of dollars for someone to design my website or blog. I rather spend that type of money spoiling myself or my dogs, my only child, or my nieces and nephews.