nursinglawbandit

Are You A Specialist?

In Ohio, starting this Spring, you can't call yourself a specialist in a particular area unless you are a certified specialist in a particular area. See http://www.ohiobar.org/pubs/insideosba/?articleid=1373.

Specialization and certification is tricky especially if you are licensed in more than one jurisdiction. I am licensed to practice law in Ohio, Kentucky, and Indiana and only Ohio has a certified specialty in administrative law.

I don't plan to become a certified specialist in any state even if all three states where I practice offer the same specialization.

In my opinion, its not worth the confusion and the disclaimers I will have to make on my business cards, brochures, website, and other marketing materials to say I am certified by one state in a particular area and not in the other states. Specialists are also held to a higher standard of practice and care, not that I am planning to make mistakes....But that's just me.

I don't say I am a specialist now, it sounds funny and its discourged by the State Bars. You also have to be careful calling yourself an expert.

I say my law practice is limited to representing, counseling, and advising nurses or that I am a nursing licensure defense attorney. This accurately sums up and defines my law practice. My marketing and advertising notes I am a RN and that my law practice focuses on nurses.

I have a very distinct niche for my law practice as I focus exclusively on assisting LPNs, RNs, and APRNs (nurses) in professional practice and licensure matters. I have never referred to myself a specialist and I think its vain to refer to yourself as expert.  

Running a Lean and Mean Law Office: Bigger isn't always Better

I never hard the urge to be a managing partner of my own law firm with a few associates working under me and working with other law partners. It could be done with a licensure defense practice in three states.

I worked and clerked in large law firms but at the end of the day, big law didn't fit my personality or my client base. I wanted to work with nurses and these types of cases are not big money by any means. A large law firm represents physicians, hospitals, health systems, dentists, etc. This is where the money is so I was told.

Last year I even pondered hiring a nurse to work for me. To assist me with reviewing cases and contacting clients. I changed my mind because I have alot of ideas and I incorporate these ideas into my law or consulting practice and I don't want anyone taking my ideas or concepts and starting their own business or offering similiar services.

My decision to keep it lean and mean over the years has paid off. I utilize Office Suites Plus for a virtual office and conference room and meeting space. This is also helpful because I meet with clients not only in Cinti, but also Columbus, Louisville, Lexington, and Indianapolis and I use the Office Suites Plus locations in those cities.

I am meeting a client in Canton, Ohio this weekend and I will utilize a conference room at a local hotel for this meeting. I do this when I meet with clients in Ashland, Kentucky and the Bowling Green, Kentucky. You talk about a drive, we lost our cell phone signals driving from Cinti to Bowling Green, Kentucky. But I have Verizon Wireless now, not T-Mobile. That's another post.

I have a home office however I don't meet with clients here at my home although I do have a business and professional association meetings at my home. I have my eyes on a building about a mile from home. I could walk to work. I would like to purchase this building and use it as an office. I need more space and would like to have a law and nursing library for my periodicals. Even with this building, I would keep my contract with Office Suites Plus and my home office.

If business continue to pick up, I can see having a part-time receptionist to answer the phone and assist with appt. scheduling maybe in 2011. I am funny about my mail and checks so I would continue to open all my own mail and deposit my checks.

Educational Hoax vs. Realizing Law School (and the debt you acquired) does not guarantee a "Good Job"

See this article in Forbes on the Great College Hoax.

http://www.forbes.com/forbes/2009/0202/060.html?feed=rss_news

http://www.abajournal.com/news/divorcing_law_grads_stressed_over_190k_in_debt_victims_of_education_hoax/

This lawyer couple divorced in part because of the law school and undergraduate loans.

If I had to do it all again, I would have borrowed less for my undergraduate education and law school but I am pleased with the outcome, having a nursing degree and license and a law degree and three law licenses.

Having an education is what you make out of it and you have to work hard to forge ahead. Having an undergraduate degree and a graduate professional school degree is not an automatic and guarantee of success, happiness, or a high paying career.

I wouldn't say I was a victim of an educational hoax. I think college students and those planning to attend graduate school have an obligation to crunch the numbers for themselves and not rely on what the admission department says. Do your own research to determine what is right for you.

Law School Graduate vs. Licensed Attorney

I had client meetings in Indianapolis, Indiana yesterday and my dear sweet grandmother decided to ride with me to go shopping at Nordstrom (we are not blessed with a Nordstrom yet in Cincinnati) and stop at the new LIVE casino outside of Indianapolis.

A discussion of the Bar Exam came up and my grandmother mentioned that she knows several lawyers failed the Bar, one or more times and then decided never again to retake the Bar Exam.

I explained to my grandmother that you are a law school graduate if you graduate from law school but you are not a lawyer until you pass a Bar Exam.

This got me to thinking about individuals I know who never passed the Bar exam or a few who never took the Bar Exam.

Not taking and passing the Bar Exam was never an option for me. I have taken and passed three Bar Exams (on the first try I might add) and I practice law in three states.

What about you? I would think even if you don't decide to practice law, that being a licensed attorney, gives you more employment options, especially in this economy. What do you think?

What is it with Nurses and Doctors and Paralegals and Attorneys?

See this article on the ABA Journal website and review the comments.

http://www.abajournal.com/news/paralegals_outrank_lawyers_on_best_jobs_list

One commenter remarked:

A good paralegal knows her place and will fetch the summer associate’s coffee when called to do so.  In any case, a paralegal is to a nurse, as a lawyer is to a doctor.  Why do a half-assed job in climbing the career ladder when you could achieve so much more by making your way to the top.

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I must admit when I worked in a law firm, you could feel the tension between the attorneys and the paralegals, especially the new attorneys. The paralegals remarked the new associates and attorneys didn't know anything and the paralegals had to train the new lawyers.

Its the same with first year residents in a teaching hospital and the remarks made by seasoned nurses, as to "training" the residents.

I smile whenever I hear a paralegal remark "we can do whatever an attorney can do except appear in court." Really?  

I also smile when I hear nurses remark on how exciting it will be to be a legal nurse consultant or work with or for attorneys because they are tired of working with physicians. As if working with attorneys will be any different.

What is it with nurse and physicians? Paralegal and attorneys? Is it the differences in education, salary, career prestige, scope of practice, and autonomy? 

 

How is your State Bar Association responding to these turbulent economic times?

Kudos to the Ohio State Bar Association for offering this COMPLEMENTARY seminar for attorneys on surviving in tough economic times. The seminar will cover marketing, advertising, online social networking, staffing, etc.

Has your State Bar offered anything similiar?

The cost of CLE is outrageous. Its anywhere from $300-$500 or more for a full day of CLE.

See https://www.ohiobar.org/pubs/insideosba/?articleid=1347.

I can afford to attend this one!

Are You Bound by the Golden Handcuffs? Take a Chance because its a 1099 World, Baby!

http://www.abajournal.com/news/law_grad_32_dont_do_what_i_did.

Its not just lawyers who complain about their position and the profession, nurses do the same and there is a growing percentage of nurses who burn out and leave the field altogether. This article and the comments should be a must read for not only law students but for all college freshman and those entering graduate school.

Why? Some feel a college degree entitles you to a better job, better career, better home, better lifestyle, etc. A college degree and a graduate school or professional school education and degree are TOOLS.

Think of them as a ticket to huge arena and if you want to make it back stage or become the performer on the stage, you have to apply yourself. Unless of course you have the connections for a backstage pass. You decide how much effort you will use to sit at the front near the stage or sit in the back near the doors. You get what you put into it; why would you feel that you are entitled to more or less? I tell my son this weekly.

I have never been a slacker however and I was determined to build my own business after finding out the law practice I wanted, representing nurses and focusing on nursing issues, did not exist.

Its tough starting your own firm but I can't tell you how happy I am that I did it. So many of my colleagues, both attorneys and nurses are miserable and continue to remain in a position because of the golden handcuffs.

Are you shackled in the golden handcuffs?

Well guess what in this economy, there are no golden handcuffs for the average Joe or JoeAnne, especially when you work for someone else and in a business that you don't own. Always have a Plan B and keep your resume or CV polished.

There are worst nightmares in the workplace, than self-employment. I discovered this early in my legal career. Self-employment is seen as curse by some and "the best thing in the world" for others.

Being self-employed, you don't know where your next paycheck is coming; however the same can be paid for those who punch a clock or who are on salary in this economy.

I said it earlier this year and I will say it again; Its a 1099 World, Baby. http://www.wisegeek.com/what-is-a-1099-form.htm

Merry Christmas.

Are the Days of Multi-Day CLE and CNE in Vacation Destinations gone?

I am revising my marketing plan and my budget for 2009.

I usually build in two to three thousand dollars a year for CLE and Continuing Nursing Education. I didn't spend the money I allocated for this year and probably won't spend the money I allocate for 2009.

I just can't stomach spending thousands of dollars to attend CLE and CNE in Florida, California, etc. Now, have a program in Las Vegas where I can not only sip champagne and play the slot machines, that's a different story, for me anyway.

I attended several webinars offered by Lorman Education on human resource and employment law topic topics this year. I attended a DUI seminar offered by satellite in Cincinnati by the Ohio State Bar Association. I attended the Center for American Nurses Membership Council Meeting however I didn't stay for the LEAD Summit because of a deposition. 

I like some of the CLE offered by the Indiana Bar Association Foundation but I don't like to drive to Indianapolis unless I am being paid to drive to Indianapolis. 

I have never attended a State Bar Association Convention, for either Ohio, Kentucky, or Indiana.

 I always budget for CLE and CNE right along with budgeting to pay my license fees but I personally would like to see my CLE and CNE offered via teleconferences and webinars.

ABA article on Recession Proofing Your Law Practice

See this article:

http://www.abajournal.com/magazine/recession-proof_your_practice/

I don't agree with # 8, keep your old clients. Its easier to get more business from current clients. Yes, maybe for corporations but not if you represent individuals and you have a very specialized niche practice like mine.

The majority of articles I read assume most law firm's and practices represent to businesses and organizations. This is not the case.

My clients are individual nurses who hire me for once for representation (although I have represented a few nurses in two or more disciplinary investigations before a State Nursing Boad).If someone isn't paying you, term them. Don't keep someone around as a client hoping they will pay you. Term them and move on.

Most clients I term are for non-payment although I have had a few clients who were extremely difficult to work and I term'ed them.

I started working on my marketing plan for 2009 in October and I hand write my marketing plans every year since 2002. I am going to recommend an excellent book for developing your marketing plan.

Its Successful Marketing Secrets & Strategies by Rhonda Abrams. See http://www.planningshop.com/products/mss.asp. Its over 400 pages of practical marketing information you can apply to any service business.

If you buy the book, tell me what you think.

Article Pitting Attorneys and Paralegals Against Each Other for Legal Work

Did you see this article available on the ABA journal website. Here is the article, make sure you review the responses and comments from attorneys and paralegals.

http://www.abajournal.com/news/battling_for_scarce_legal_work_associates_vie_for_paralegal_tasks

When one profession has the "full" scope of practice and another has a slice, there will always be this type of banter. Compare and contrast the attorney vs. paralegal arguments with physicians vs. nurses, psychiatrists vs. psychologists, etc.

I functioned somewhere between an associate and a paralegal in a large law firm where I worked as a staff attorney. Was it demeaning? Yes and no, because I was fresh out of law school and I needed the experience and the firm was more interested in my RN training and background than training me as an attorney.

I used the firm to obtain the experience I needed to propel my career forward. I can say this now but I certainly did not feel that way ten years ago. There are all sorts of titles in a law firm, and if you don't like your title, start your own firm. It will be easier to start your own law firm than trying to change someone else's law firm.