Lawyers With Purpose

Broadway Show " Kinky Boots " : Five Lessons For Lawyers

I had the pleasure of being in New York this past weekend. While there I saw the six Tony Award Winning Broadway production, Kinky Boots. The play itself was very entertaining, which I expected. But, I also came away with many business tips, listing here the top five.

Before embarking on the five lessons, a backdrop of the story is helpful. The premise is that Mr. Price expects his son, Charlie, to take over the family shoe business. Charlie has different ideals in mind, but when his father dies unexpectedly, Charlie inherits and takes over the failing business. To keep from closing down the factory and laying off friends and workers of over 30 years, Charlie has to do something dramatically different.

Without spoiling the show for you, yet still be able to share the lessons…

1. Find a niche market. Price & Sons had always sold quality men’s shoes that were pricey. The market was demanding less expensive shoes with newer styles. The business suffered because it continued to do the same as it had always done until Mr. Price died and his son took over. To survive, Charlie discovered an underserved market - -men wearing women’s shoes that were not only harmful to their feet, but uncomfortable.

Thus, Charlie made women style shoes to bear the weight of men and catered to an entirely new market – drag queens. When I started my elder law firm in 2002, the definition of elder law was “Medicaid Planning.” Of course I did that, but I also discovered a market not being served – Wartime Veterans who could benefit from receiving the pension with aid and attendance benefits. There were other law firms quietly helping veterans in their communities, but no one was truly serving the market until lawyers realized the need, which was in 2008 when I began national conferences to train the lawyers. Other niche markets within elder law now include special needs planning and fiduciary litigation, among others. What niche can you create in your community?

2. It takes the entire team. Whether you are a sole practitioner who performs every role in your office, or if you have many other lawyers, paralegals, legal administrators, etc., everyone must buy in to what you are doing and selling. Everyone must respect and accept the vulnerabilities and strengths we each have. When Charlie was at the end of his rope and desperate, he began to yell at his employees and make very poor decisions which led to him alienating himself from everyone. Had the employees not looked beyond the temporary stress, they all would have lost everything, to include their jobs. The team pulled through together, for the good of all, and they were then successful.

3. The New Kid on the Block Can Stand Out. Cyndi Lauper is extremely talented and has won awards for her musical abilities before; however, she had never even composed or written music for a theatre production. Kinky Boots was her debut and she knocked it out of the park winning Best Score and becoming the first woman to win the composing category solo. I began my practice in 2002. By 2006 I was being recognized as someone who knew something about Veterans Benefits. By 2008 I was the national expert on VA pension with aid and attendance. Since then, I am the recipient of the highest award the National Academy of Elder Law Attorneys provides, called Fellow of the Academy, and I have been appointed by my state Governor to sit on an advisory board that reports to his office.

You do not have to have decades of experience to be the best at your trade or to be recognized. You do; however, have to put yourself out there and have confidence in yourself.

4. Be yourself. Charlie, and the other lead role, Lola the drag queen, were always trying to please everyone else, especially their individual fathers. Working hard to please others only drains your energy. You can serve and assist others, but work to please yourself by being authentic. Clients and professional referral sources only want to work with people they feel they can trust. Being true to yourself is the best way to show authenticity.

5. Find and have a mentor to help you achieve greater success. Harvey Fierstein wrote the book for the play Kinky Boots. Mr. Fierstein has a long list of accolades for his work, to include other Tony Awards. Cyndi Lauper was brilliant to team up with Mr. Fierstein for her debut musical.

This is a picture of me and my mentor, William Hammond, who I invited to see Kinky Boots with. A great mentor supports your efforts to succeed and often becomes a dear friend as well.

Lawyers With Purpose, LLC as a community has served as mentor to new and experienced members of estate planning and elder law firms. If you are looking for a community or mentor, Lawyers With Purpose may be the organization for you. Come see what we are all about. Join us September 12-13 in Phoenix AZ, for our Asset Protection, Medicaid and VA Summit. Register early and take advantage of our early bird pricing.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Working With Our Power Partner - Integrity Marketing Solutions

We admire so much about Integrity Marketing Solutions. This video they captured while spending time with our Why Coaching members, is nothing short of exceptional. Outstanding work Integrity Marketing!

A giant "thank you" for being a part of our program. We hope you all enjoy this as much as we did...

Is Medicaid For Millionaires?

There is a misunderstanding in the industry as to whether millionaires should protect their assets to qualify for Medicaid so they can pay for their long-term care should the need arise. While it makes good headlines, the question is not the determining factor of Medicaid eligibility. Obviously, those who have the means are able to provide for themselves to a much greater extent than those who are required to rely on Medicaid. An annual premium for LTC insurance is far less than one month’s nursing home care and would pay for care in the home to ensure the client never needs to reside in a health care facility apart from the family. There are however, other issues to consider.

The type of assets one owns and where they come from can have a tremendous impact on the decision to qualify for Medicaid. I recently had a client who inherited a $1 million piece of land that has been in the family for four generations. The land was non‑income producing but something the family treasures. Had my client’s parents planned properly, they could have ensured the property was not at risk to a lawsuit, nursing home or other creditors of my client. Now my client wanted to ensure that the property stayed in the family and continued to derive benefit for the family and the other members of the community who used it. Other than this piece of property, the client would have been a typical American with assets less than $300,000 and insufficient means to pay for long-term care should the need arise.

So the question becomes whether a client with non-liquid assets that do not produce income should plan to qualify for Medicaid or should they be forced to liquidate their assets to pay for their long-term care? Irrespective of your answer, the law provides for the latter and it highlights that Medicaid planning is not just about qualifying for Medicaid, but is a series of counseling issues to address each client’s situation and needs. One tradeoff: Millionaires who want to qualify for Medicaid must give up access to their assets for the rest of their lives as if they had given them away. So is it worth that loss? A good estate planning attorney can find alternative planning strategies for millionaires that get a better result than giving away their assets to qualify for Medicaid. Ultimately, however, our job as counselors is to advise the clients of their options and let them choose the path that best meets their goals and objectives.

THE THREE MOST CONFUSED MEDICAID TERMS

The three most confused terms in Medicaid planning are the look back date, the look back period and the penalty period. If you go to any beauty shop or coffee shop and ask the people what would happen if they transfer assets, the common answer will be that they are ineligible for Medicaid for sixty months. Medicaid practitioners know sixty months is merely the period of time Medicaid can look back at the financial records of a Medicaid applicant, a.k.a. the “look back period.” The period of the look back (sixty months) has no impact on qualifications. The look back period begins on the look back date. The look back date is the date a Medicaid applicant resides in a care facility and applies for benefits. It is critical that a practitioner understands this distinction. If a client resides in a nursing home and you apply for medical before continuing the client’s eligibility, you can disqualify a client from medical and create a penalty period that is far greater than sixty months. This occurs when there is a large uncompensated transfer within the look back period.

Once Medicaid looks back at the financial records from the look back period it examines whether any uncompensated transfers occurred. An uncompensated transfer is the transfer of assets made by an applicant to someone else with no compensation in return. Gifts are typically the most common uncompensated transfer. If there is an uncompensated transfer, Medicaid will deem the applicant ineligible for a certain number of months based upon two factors: the amount of money transferred and the monthly divisor in the region where the applicant lives. Each state must publish, at least annually, the average cost of one month’s private pay nursing home cost for the region. If the average monthly private cost of a nursing home was $5,000 and the uncompensated transfer was $100,000, the applicable penalty for the transfer is 20 months. So the 60‑month look back period has nothing to do with how long an applicant may be ineligible, it’s merely a period of time Medicaid can look back at financial records to determine if an uncompensated transfer occurred, and if so, then calculate the penalty period based on the amount of the uncompensated transfer and the regional divisor.

It’s that simple.

If you are at all interested in joining Lawyers With Purpose and would like to know what we have to offer your estate planning or elder law practice, join us in Phoenix, AZ, September 12-13th for our Asset Protection, Medicaid and VA Summit September 12-13 in Phoenix, AZ. We are filling up seats quickly and only have limited space. Register today!

Guest Blogger Jennifer Campbell Goddard Shares The Facts About Blogging

Just how important is it, really, for you to post regularly to your law firm blog? It's a hassle, right? Coming up with something pithy to write, logging into your account, posting, sharing, etc.? And after all, how many people really read your blog? You seldom get insightful commentary from visitors. Isn't this just one more marketing gimmick you can skip?

Hang on! Before you pull the plug on your blog, better get your facts straight! Daily blogging and social media support are important aspects of The Essential Solution® marketing program, and most Integrity Marketing Essential Attorneys are faithful about posting to their blogs and sharing on social media. So, we reviewed marketing performance statistics to see whether blogging is really a high-return activity.

Here is what we found:

Bloggers Get More Website Traffic

• Referrals from your blog account for, on average, about 25 percent of all website traffic. Simply put, about one-fourth of all the people who visit your website are coming from your blog!
• Perhaps even more importantly, when you share your blog posts on Facebook, we find that, on average, another one-third of your website visitors come from Facebook.
• For those of you who are keeping track, this means that your blog posts are generating nearly 60 percent (25 + 33 = 58) of your website traffic!

Bloggers Get Higher Google Rank

• Your blog also adds to your website's index on Google. In fact, Kyle Krull now has 1,770 website pages indexed on Google -- and 1,710 of those are from his blog! Google loves well-indexed websites with lots of content, and rewards Kyle with page one rank for 17 of his Essential key search terms in organic search!
• Your blog posts also are indexed by Google and will show up for key local searches. In fact, a recent search for "Family Business Succession" in Overland Park, KS delivered more than 251,000 results -- and Kyle Krull held the top three spots on page one. Two of those three were blog posts.

But don't just trust our research. HubSpot recently released their own blogging impact research statistics from 7,000 of their customers.

Highlights:

• Companies that blog 15 or more times per month get five times more traffic to their websites than companies that don't.
• Smaller businesses (1 to 10 employees) actually tend to see the biggest traffic gains from blogging.
• Companies that increase blogging from 3 to 5 times per month to 6 to 8 times per month almost double their leads.
• An average company will see a 45% growth in TRAFFIC when increasing total blog articles from 11-20 to 21-50.
• Companies with more than 200 blog articles have MORE THAN FIVE TIMES AS MANY LEADS than those with 10 or fewer.

To learn more about how blogging impacts your marketing, listen to Integrity Marketing's webinar, "Blogging To Boost Law Firm Marketing Performance" - view online or download here: http://www.imslegalmarketing.com/blog/

The Five Dysfunctions Of A Team #1 - The Absence of Trust

Build a resilient, effective team — and give your firm the ultimate marketplace advantage. In principle, teamwork is simple. Most of us already know what it requires. But in practice, teamwork is difficult. Building a team is a process, one that requires significant levels of discipline, bravery, and tenacity.
 
For a team to be truly effective, it must overcome the five dysfunctions outlined by Patrick Lencioni in his best-selling book “The Five Dysfunctions of a Team.”

Since its publication in 2002, “The Five Dysfunctions of a Team” has become the world’s definitive source of practical information for developing teams. Building on Lencioni’s principles, the Five Dysfunctions program helps team members and leaders function more effectively so their teams can achieve their full potential.

Let’s define the ways a team can be dysfunctional. The below pyramid illustrates when you start to feel that things are out of whack, and serves as a barometer and a foundation/north star for your team. This is your eternal, internal growth track – at many points you will find your team on one of the layers of the pyramid, and identifying where you stand can help you avoid personal, emotional or drama issues in many situations.

This Five Dysfunctions of a Team Assessment provides leaders with an opportunity to explore and overcome the pitfalls that sidetrack teams. The assessment gives the team members a sense of their team’s unique strengths and areas for improvement in each of five key fundamentals for developing a cohesive and productive team: trust, conflict, commitment, accountability, and results.

The assessment also gives team members a sense of their team’s unique strengths and areas for improvement, based on the Five Dysfunctions model. It’s a tool that evaluates the team’s current rank based on the five fundamentals so members can decide what improvements are necessary for becoming a higher-performing team.
 
The assessment can also be used as a benchmark by taking a team through the program, allowing them time to practice the skills, and then having them take a post-assessment to evaluate the change.

Dysfunction #1 – The Absence of TRUST
Members of great teams trust one another on a fundamental, emotional level, and they are comfortable being vulnerable with each other about their weaknesses, mistakes, fears, and behaviors.

The late Stephen Covey of “The 7 Habits of Highly Effective People” says: “It simply makes no difference how good the rhetoric is or even how good the intentions are; if there is little or no trust, there is no foundation for permanent success.”

What is Trust?

In the context of team building, trust is the confidence among team members that their peers’ intentions are good, and that there is no reason to be careful around the group. Think of two people: one that you trust and the other that you don’t. If ONE team member has a problem trusting another, the ENTIRE team is affected. Whatever “she said,” people don’t comment on, because if someone did, “she” would defend herself and it would become very confrontational and create office “drama.” But the health of any organization is the willingness to have the healthy debates.

Members of teams with an absence of trust…

1. Conceal their weaknesses and mistakes from one another
2. Hesitate to ask for help or provide constructive feedback
3. Hesitate to offer help outside their own areas of responsibility
4. Jump to conclusions about the intentions and aptitudes of others without attempting to clarify them
5. Fail to recognize and tap into one another’s skills and experiences
6. Waste time and energy managing their behaviors for effect
7. Hold grudges
8. Dread meetings

This can show up in these ways:

1. Team is worried about being honest because you will tell the boss
2. Team won’t answer honestly because another team member will hear and talk about them
3. Team doesn’t believe another team member has the best of the firm at heart

Members of trusting teams . . .

1. Admit weakness and mistakes
2. Ask for help
3. Accept questions and input about their areas of responsibility
4. Give one another the benefit of the doubt before arriving to a negative conclusion
5. Take risks in offering feedback and assistance
6. Appreciate and tap into one another’s skills and experiences
7. Focus time and energy on important issues, not politics
8. Offer and accept apologies without hesitation
9. Look forward to meetings and other opportunities to work as a group

In my next blog I will be talking about Dysfunction #2: Fear of Conflict. Follow along and make sure you’re subscribed to our blog (using the yellow box on the right).

If you are not a member of Lawyers With Purpose, and want to know more about VA Benefits and Medicaid, join us at the Asset Protection, Medicaid and VA Summit September 12-13 in Phoenix, AZ. Seats are quickly filling up. We have limited space so register now if you’re even thinking about joining us.

VA Treatment of Reverse Mortgages for Wartime Pension

The Wartime Pension is paid to veterans or widows of veterans who served in the military during a wartime period, are 65 years or older or disabled, and who meet certain income and net worth limitations.

The claimant’s house is considered “exempt” toward the net worth allowance. But, how does the VA treat reverse mortgages? Is it income? Does it add to net worth?

The reverse mortgage program is intended to keep seniors in their homes, by using the equity in their homes, who otherwise would not be able to afford to do so (Home Equity Conversion Mortgage by the FHA). Often, the residence is the largest asset a senior has. Many seniors take a line of credit against their house in order to pay for medicine, home health care, and regular daily living expenses. The consequence of a line of credit is that the person still has to pay it back each month, which has exacerbated their cash flow problem. One advantage of the reverse mortgage is that recipients do not have to pay back the loan until they either move out of the property or they die.

There are four ways to receive payment from a reverse mortgage.

1. Monthly annuity payments for a time certain.
2. Monthly annuity payments for life.
3. Line of credit – pull as you go.
4. Lump sum payment.

With regard to income, the first two options provide an income stream. However, this is not taxable income. Thus, it follows that it is not considered income for VA Improved Pension (with Aid and Attendance) either. All four options are considered by the VA as a conversion of a resource, not “income” for eligibility purposes for the pension.

VA, similar to Medicaid, will treat the proceeds received as a countable resource. Thus, pulling out large amounts in the line of credit option or the lump sum payment will count against the permissible net worth limitations. Moreover, monthly payments under either annuity option, if not spent, can accumulate and negative affect net worth calculations.

Therefore, when deciding whether a client would benefit from a reverse mortgage, it is important to consider which payout method makes the most sense and then strategically plan for the situation. For more information about reverse mortgages, go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten

To learn more about VA Benefits and Medicaid, if you are not a member of Lawyers with Purpose, LLC, join us at the Asset Protection, Medicaid and VA Summit September 12-13 in Phoenix, AZ. Seats are filling fast and we have limited space so register now if you’re even considering this opportunity!

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Last Chance For Early Bird Pricing For The LWP 2013 Member Enhancement Retreat

From high school, to college, to law school graduation you've always had an image of how life would be. Are you living your dream of being an attorney with a thriving practice? Ask yourself … are you living the life you had always imagined?

Right now in your life you are probably a father or mother, husband or wife, hard working and trying to make a difference in the lives of your clients, an influential board member, a soccer coach, But maybe there is a side of you that has been tucked away because the dream you once had is not in sync with who you are now. Maybe you are living the dream you had for your career but something is missing … a dream of traveling more, a dream of fixing up an old Mustang, or possibly a dream of operating a practice where you aren't working 80 hours a week.

Well no more tucking them away, no more excuses about your dream not fitting into your current lifestyle. Start making room in your life for“want-to's” and less “have-to's.” If you want more then attend the Lawyers With Purpose Annual Member Practice Enhancement Retreat, and declare and commit to making it happen. Make the time to accomplish your goals and dreams.

Giving the Process your Purpose and Personality - from Paper to Practice

Early Bird Pricing Ends TODAY, Friday July 18th! You took the program, you implemented, now bring it all together and make it your own!

In 3 days walk away with:

• A firm-created and defined autonomous plan for 2014. When you walk back in your office door, you'll know exactly what needs to occur each and every day.
• A deeper understanding of your firm personal story and purpose. Your community will want to work with you - and your team will be striving to make it happen.
• Make the LWP process your own. Everyone understands the purpose, how our firm story ties into each step, and how to make it sovereign.
• A specific step-by-step to lead Your Organization in the Right Direction. There was a time when strategic planning was done only by the largest companies. Now it is simply a requirement for all business to survive. Business leaders must be constantly looking ahead, anticipating change, and developing a strategy to proactively and successfully navigate through today's marketplace. Without strategic planning, businesses simply drift, and are always reacting to the pressure of the day.

LWP Members - Invest in Yourself by TODAY and receive these additional benefits:

• A $500 Firm Discount for EARLY BIRD Registration and an option to pay over 6 months (Ends Today – Friday, July 19th)
• Entry into a drawing to win a DocuBank subscription.
• Entry for a drawing to win a personalized crafted attorney/staff bio (a $250 value).

Register now, block out your calendars, and make your plane reservations.

Sheraton Syracuse University Hotel & Conference Center
Room Rate: $132.00/Single - $142.00/Double - $152.00/Triple & Quad
Group Rate Cut Off Date: 5:00 pm October 7, 2013
Reservations: 315-475-3000

The hotel WILL sell out. It does every year. If you're coming, register now

What Would Be In Your Time Capsule?

We have all done it at one time in our life. Maybe it was high school, or when our children were born, or maybe when we got married – but have you ever done it for your career or business? That is an interesting question! A time capsule is appropriate for every angle of your life, and creating one for your business can help you clarify your priorities and goals.

So what would be in your business time capsule? Here are some helpful tips to get you started.

(1) Decide the purpose of your time capsule. One way to do this is to consider who you would like your audience to be. Would you like to open the time capsule yourself? Would you like to share it? Would you like your message to last far into the future?

(2) Decide where you will store your time capsule. Although you may have done it before, burial may not be the best choice. Think of locations within your home or office.

(3) Select a container. If you store it inside, at home or at the office, then a shoebox, bin, or even an old suitcase might be quite adequate.Collect the objects to go in your time capsule. Who will open your time capsule, and what would you like to tell them? Have fun with this step! Choose things that reflect the spirit of the present. What is unique about today, about your practice, about you? Some items to consider:

• Newspaper or magazine articles showing current trends and/or events
• Personal messages to and from others
• List of life goals and how you impact the world as it is today
• Photographs
• Any material items you want to share with the future
• If you wish, write and enclose your own description of what it is like to live right now. Tell your future audience about daily life. Talk about ordinary day-to-day activities and anything else you would like to share.

(4) Do something to remind yourself or others of the location of the time capsule and the date you intend it to be opened.

(5) Seal the time capsule to your satisfaction and store it for the selected amount of time.

When thinking of your practice, what would be in your time capsule for just one year? What message would you leave for yourself and your team? What would be your revenue goals? Would you hold yourself accountable for what you put in your time capsule for just one year?

If you are not an LWP Member and interested in learning more about what Lawyers With Purpose has to offer your estate planning practice, join us in Phoenix, AZ, for our Asset Protection, Medicaid and VA Summit, September 12-13th. Click here to register for our two day event. Roslyn Drotar, Implementation Coach, Lawyers With Purpose

Purposeful Relationships - Count Your Contacts and Make Them Count!

Do relationships really help improve your business? The answer is a loud YES! Each day we come to work with the goal of increasing business and keeping the doors open for another day. After putting in 40+ hours a week, it’s hard to find the energy to build business relationships. So why not work the task of nurturing and cultivating relationships into your weekly schedule? There are so many different ways to accomplish this.

(1) Look into leadership organizations that will put you in contact with other business professionals in your area who are looking to accomplish the same goal as you: making your contacts count.

(2) Join LinkedIn, a professional networking site with over 200 million members. According to its CEO, Jeff Weiner, members of the site are “the most affluent, most influential and best educated consumers on the web.” In other words, LinkedIn members are smart, have money to spend and have lots of connections just like them.

(3) Create a list of 10 business professionals with whom you want to create a relationship that will benefit them along with you and your business.

(4) Consistently participate in weekly synergy meetings to make sure you are interacting with one of your "My 10" each week.

(5) If you support non-profits, don’t just write the check but create a partnership. It is not taboo to ask what you are getting out of your donation. Form a partnership that allows the supporting organization to endorse you and/or your company.

(6) While networking, you will meet a variety of individuals. Network and partner with the individuals who have values, goals and work ethic similar to your own.

(7) Remember, it’s not always “business” with these individuals. Create personal relationships with them. A round of golf, an invitation to an event you sponsored with your team or just a casual lunch meeting to brainstorm is always healthy for business relationships.

Estate planning law firms, along with their teams, across the country are doing this very well, week in and week out without being dependent on the attorney’s excuse of "when I can get to it."

At this year’s Lawyers with Purpose Annual Member Practice Enhancement Retreat, our members will learn firsthand how improving your legal technical, and your teams’ ability to consistently deliver it, supports every single one of your relationships. Learn the success stories and the strategies for improving your relationships via automation.

If you are currently a member of LWP click here to register now and reserve your seat. If you are not an LWP Member and interested in learning more about what Lawyers With Purpose has to offer your estate planning practice, join us in Phoenix, AZ, for our Asset Protection, Medicaid and VA Summit, September 12-13th. Click here to register for our two day event.

Roslyn Drotar, Implementation Coach, Lawyers With Purpose.

What DOMA Means For Your Clients - Member Webinar

Victoria L. Collier, CELA, will be presenting the effects of the Supreme Court’s decision on DOMA, specifically related to veterans and their spouses.

This special member webinar takes place this Wednesday! Please be sure to join us and register now.

Same-Sex Married Veterans and the Demise of DOMA: What Does it Mean for our Clients?

Wed, Jul 17, 2013 1:00 PM - 2:00 PM EDT

Registration Web Link: https://www3.gotomeeting.com/register/930057150