Lawyers With Purpose

Start 2020 Off Right by Kick-Starting Your Maintenance Program

By LWP Implementation Specialist Amanda "Mandy" Bossow

From mid-November through the beginning of January, Lawyers with Purpose members tend to see a decrease of initial contacts, initial meetings, and workshop attendance. The holidays are THE time for your prospects and clients to be thinking about AND discussing their future plans with family, however, not as many do. How can you remedy this? By kicking off your maintenance program!

What is a maintenance program? The maintenance program is an additional service your firm can offer your clients to keep them informed of changes to the law, reminding them of the importance of keeping their plan up-to-date with personal changes, and keeping your firm in their top of mind awareness by sending out periodic newsletters, event invites, etc.

The beginning of the year is a wonderful time to send out an invitation to your clients, inviting them to join your maintenance program. It can fit right into their new year resolutions and provide them and their families great benefits, not only for this year, but for years to come.

You first must decide what you will include as part of your Maintenance Program. The suggested LWP Engagement Agreement (found on the LWP Member site) includes an option for a Maintenance Program where you can find some suggested items to include as part of your program!

Some suggested offerings the engagement agreement includes are:

• Regular client newsletters
• An annual client updating workshop aimed at keeping the client current with the changing legal environment
• Law firm-initiated changes to the client’s documents, if requested, to take advantage of changes in the law
• “Word processing” amendments to the client’s estate planning documents
• Regular specialized workshops
• On-going guidance with funding of new assets acquired during the year
• Annual estate plan review upon request
• Assistance to the client’s disability panel to verify their disability and get their successor Trustee appointed
• Meeting with the client’s family or helpers upon their disability or death to explain the estate plan they created and outline the assistance available in maintaining or settling their plan (any new services, if required, will be identified and billed separately)
• Annual social event for the client and their family to enjoy
• Special pricing for their family members to do planning during the year

Don’t be intimidated by this long list! You can make your Maintenance Program as inclusive as you’d like. You may decide in the beginning the only thing you can offer is the law firm-initiated changes, word processing amendments, and an annual estate plan review. Make sure you pay attention to your calendar to ensure you have time allotted to take care of these clients.

Next you need to start offering it to new prospects and clients during their initial and vision meetings. The lovely part about this is it’s already built into the LWP Enrollment Process! As you are discussing the various planning options with the potential client, you can discuss which plans have a maintenance option. You can even find a space for it directly on the Vision Clarifier tool!

Third, you need to determine how you are going to inform your current client pool of this beneficial new service. Some members send out a letter inviting their current clients to join at a discounted rate, while other members inform their clients they are enrolled into the maintenance program free for the first year so they can reap the benefits and then officially enroll the next year. You could also invite your clients to a kick-off event in which they can attend, maybe grab a drink with you, and hear all about other amazing events and additional benefits this program offers (as this is just a taste). The options are endless and entirely up to you!

The final step, which will be an on-going part of your practice, is to continue to maintain and grow your maintenance program. Maybe you start out small, offering only a few additional items, but then can add in quarterly newsletters, private events for maintenance clients only, etc.

The benefits for your clients to join and maintain their maintenance membership as well as the benefits for your firm is unlimited!  During the slow-down mentioned earlier in this article, you can plan your revenue goals to include the maintenance income right around the same time a decrease in new clients may occur! This also helps you stay in contact with your clients, reminding them to keep their plan current, inviting their family and friends to get their own estate plans completed, and providing a wonderful service to your community!

Building a Firm that Roars in the 2020's: The Future is Now at TAPER Orlando

 

The new decade will be a time of extraordinary change characterized by challenges to embrace and opportunities to seize.

We’ll see demographic changes, with baby boomers continuing to enter retirement and increasing numbers of elders requiring expensive long-term care.

Technology and AI will continue to advance at a startling rate. More employees will work from home (or expect to have the option to do so). The LegalZooms of the world will increasingly threaten those of us who practice highly personal, customized planning.

Laws governing Medicaid, asset protection, taxation, and more will change as well.

Dramatic change is inevitable. The question is, will you address it reactively or proactively? Will you triumph over the challenges and turn them into opportunities?

Since its inception, LWP has been at the forefront of innovation. Dave Zumpano is a pioneer in the creation and evolution of Medicaid planning and Elder Law. His iPug Trust was and continues to be one of the industry’s most powerful asset protection tools. Dave’s firm, the Estate Planning Law Center, serves as the model for how a profitable estate planning and elder law firm should operate. LWP’s cutting-edge software, tools, systems, and processes are utilized by successful law firms all across the country.

At TAPER Orlando, Dave will share his vision for the profitable practice of law in the new decade. His Keynote address will be followed by some of the most transformative breakout sessions we’ve ever hosted. There will be sessions about adding Alzheimer’s planning to your firm; the SECURE Act; a three-part series on the TLC Estate Planning Process; budgeting; ActionStep financial reporting; marketing; VA benefits; and more.

You’ll leave Orlando with a detailed road map of how to get where you want to be in 12 months, three years from now, and at decade’s end 10 years from now.

In short, we’ll be providing you with the hands-on training, tools, systems, processes, and strategies you need to address the coming changes proactively—and, to create a firm that roars in the twenty-twenties.

We can’t wait to see you in Orlando!

Introducing October 2019 Members of the Month, Robin Gordon & Adam O’Dell

 

Nashville Tennessee’s renown Music Row has been home to the Gordon Law Group for over 25 years, but its reach extends from Greenville, SC to Charleston, SC, to Nashville TN, and soon to Kissimmee, FL where a new office is about to open.  The firm offers exceptional legal services to those dealing with matters involving entertainment law, business law, intellectual property, family law, and estate planning, and prides itself on staying on top of the ever-shifting laws and keeping up with the latest in technological advances that will benefit its clients. 

LWP sat down with attorney Adam O’Dell to talk about the Gordon Law Group, which has been an LWP member since July 2017, and about his firm’s experiences with LWP and in his market.

 

How did you come to work for the Gordon Law Group?

I always knew exactly what I wanted to be.  I knew I wanted to go to The Citadel.  I also knew that I wanted to be Marine JAG officer and did this until I was injured.  I always knew I wanted to be an attorney, too, but more on the business transaction side rather than litigation. 

I’ve had both good and bad experiences with estate planning.  I’ve seen the fall-out from lack of planning, and how proper planning makes the transitions smooth when someone has passed.

I’ve been with the Gordon Law Group for 3.5 years at this point.  When I first started, I was a jack of all trades, and I did what was needed for the firm.  I spent time in litigation and family law, but I wanted to get involved with estate planning.  I now do all of the legal-technical work and meet with the clients. 

 

What do you believe sets Gordon Law Group apart from your competition?

It’s the care and access that we give to the clients that sets us apart.  We also attempt to return all communications within 24 hours.  Our competitors charge a lot, and it’s hard for their clients to get a call back from them, whereas we’re known for undercharging and over-providing.  I have met with my clients in their homes when that’s what’s easiest for them, and we’ve built a rapport.  They are interested in my life, too—now that I’m recently married and have a new home, I have clients who have given me wedding presents and housewarming presents.

 

What brought you to LWP? 

We looked at a few options when making our decision, but everything seemed to be singularly tracked—geared toward offering a revocable living trust.  LWP helped us focus on Medicaid planning and asset protection, and I’d had a personal experience with that, so LWP membership was enticing to me.

 

How tightly do you follow LWP’s systems and processes? 

We try to follow the system as best we can, but we’re still working on the workshop portion.  We’re not doing them yet.  The financial advisors are doing the education.  As a multi-practice firm, we are using Actionstep for our estate planning needs, but the other areas of our firm use a different program. Phil’s trying to keep me in check.

 

What is the greatest success you’ve had since you fully engaged with LWP? 

Our biggest success is being able to bring a higher level of competency and services to our community.  There aren’t a lot of attorneys in the area that focus on Medicaid. We weren’t doing Medicaid planning before joining LWP.  At the time, estate planning was 2% of our offerings, now it’s close to being a third to a half. 

 

To what, specifically, do you attribute your revenue growth? 

There have been several things.  First, doing RMS changed a lot; unlike a lot of attorneys, we’re not just wait for the phone to ring; we’re actively working to get clients.  Having a strong referral source even allowed me to open another office.  We now have 3 locations; we didn’t have that 3 years ago.  Also, many times our clients are coming in with either no knowledge, or they are ill-advised.  We’re setting them straight when they get bad advice. 

 

Do you attend LWP’s TAPER events, and if so, what wowed you there?

We’ve been to every TAPER since joining.  My biggest TAPER learning was when we did our first Practice With Purpose in Washington D.C. We’d been a member for 2 months at that time.  We had Amanda answering questions, walking us through the software. 

 

What is your favorite LWP tool? 

The RMS—getting out there to market yourself, getting the fluidity of meeting with someone, and getting the courage.  People have to meet with you multiple times before they’re comfortable referring you.  We don’t have workshops; we don’t do retail marketing.  Other things have gotten in the way of implementing workshops.  We want to do them, but we haven’t been able to do them yet.

 

Do you have a client success story that you’d like to share?

I was in process of doing a Medicaid qualification for clients for whom it was hard to get away from the house; it’s the wife who needs care.  So, I picked up paperwork at the clients’ home, and there were tears of gratitude—they know that I’ve created a plan that helps them.  The care that’s needed will be paid for; Medicaid will cover in a year after the penalty period. 

It’s rare for attorneys to make house calls, but I meet with clients wherever they need to meet with me.  When someone is in a wheelchair, they can’t come to see me.  I once drove 8 hours to meet with a client who wanted to work with an LWP attorney. 

 

What kinds of changes, if any, are you currently seeing in your market?   

We’re seeing people become more price-conscious than they were 1 year ago, and we’re seeing more people start thinking about Medicaid planning than just a simple estate plan.  More are concerned about asset protection.  It might be that they’re becoming more aware that bad things can happen, and they want to be prepared.

 

FUN FACTS:

Share something about yourself that most people don’t know.

Instead of going on my honeymoon, I came to TAPER New Orleans!  It worked out, though.  My wife enjoyed New Orleans, so I wasn’t in too much trouble. We’re now planning to go to Paris—it will be my first trip out of the country.

 

What is your favorite book, and how did it impact your life?

I don’t know if I can pick just one.  On the fiction side, I like Dan Brown’s novels, but I do a lot of audio books while driving.  I’ve read 27 books this year.  The Bible is the one that had the most impact.  I’m getting a M.A. in Theology currently. 

 

 

How to Represent a Claimant Before the VA: Preparing and Submitting an Application

 

 

 

 

By Matthew Donald, Esq., Director of VA Services 

So you completed the accreditation process, and you are ready to submit your first VA Improved Pension Claim. Now what?
Well, let’s start by making some points of clarification. This article is not intended to explain how to determine someone’s eligibility or how to assist someone in becoming eligible. This article is only intended to describe the application process. 

The application process usually starts with the Intent to File a Claim. I say usually because although it isn’t required, it is usually done because it can take some time to collect all of the required information and forms for the Formal Claim. However, if you have your Formal Claim ready to go, then there is no need to actually file the Intent to File a Claim. 

The Intent to File a Claim is intended to put the VA on notice that you are going to file a claim. It is a way of putting your “foot in the door” so to speak.

So what is involved in the “Intent to File a Claim”?

VBA Form 21-0966 – The VBA Form 21-0966, Intent to File a Claim form can be signed by either the claimant or the claimant’s representative for the claimant. If this form is signed by the representative, then you must submit, concurrently or before, a VBA Form 21-22a, Appointment of Individual as Claimant's Representative. As a matter of practice, we always have the claimant sign this form when possible.

VBA Form 21-22a – The VBA Form 21-22a, Appointment of Individual as Claimant's Representative, is signed by the claimant and the authorized representative in two places. This form lets the VA know that you will be representing the claimant to the VA.  Without this form, the VA will not accept the VBA Form 21-0966.

VBA Form 21-0845 – VBA Form 21-0845, Authorization to Disclose Personal Information to a Third Party is the next form you will need to file. This form allows the VA to talk to someone other than the claimant such as when you call to check on the status of a claim or to ensure the VA has received the forms you mailed or faxed to them. Claimants often ask us if the VBA Form 21-22a is the same as this. The answer is no; it is not. The VBA Form 21-22a simply tells the VA you are representing the claimant whereas the VBA Form 21-0845 actually permits to VA to discuss the claim with you.

VBA Form 21-4138 – VBA Form 21-4138, Statement in Support of Claim. In the past this form was used as notice of your intent to file a claim. It is not required now as part of the Intent to File because you are now required to file a VBA Form 21-0966.

DD214 – The DD-214 (DD stands for Department of Defense) is the current form of military discharge papers. This form is not required to be filed at his time, but it can take some time to track down an original, which must be filed at the same time or before the filing of the Formal Claim. As a point of clarification, prior to January 1, 1950, there were many other types of military discharge papers. These include, but are not limited to WD AGO 53, WD AGO 55, WD AGO 53-55, NAVPERS 553, NAVMC 78PD, and the NAVCG 553. WD stood for War Department, AGO for Army General Order, NAVPERS for Navy Personnel, NAVMC for Navy Marine Corps, NAVCG for Navy Coast Guard.

Got it! Now where and how do I send all these forms?
And the typical attorney answer is……it depends. It depends on your geographical location. You should submit your claim to the Pension Management Center (PMC) that serves your state or to your regional office.  As a point of practice, if you mail the forms to the VA be sure to get a return receipt as a minimum and be sure to keep a copy of anything you submit. If you choose to fax your forms, be sure the fax goes through and be sure to keep the fax confirmation sheet. If your fax machine can show miniature copies of what you actually faxed, better yet. Believe it or not, the VA occasionally loses information so it’s best to prove you
submitted something when you said you submitted it.

OK, we got our “foot in the door”! Now what?
Now the fun part starts! Now you will need to prepare the Formal Claim. Again, the assumption here is that the claimant is fully eligible for the benefit for which you are applying. Once you have compiled all of the required forms mentioned below, you will send them to the same place you sent the Intent to File.

VBA Form 21-4138 – VBA Form 21-4138, Statement in Support of Claim. It is always a good idea to file a VBA Form 21-4138 to explain any unusual circumstances that may arise such as a need to expedite your claim due to age or illness.

VBA 21-527EZ – VBA 21-527EZ, Application for Pension. This form is used when the Veteran is applying for the benefit. It does not matter if the ill person is the Veteran or the spouse of the Veteran. If the Veteran is alive, this is the form to use.

VBA 21-534EZ – VBA 21-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits. This form is used when the widow(er) of a Veteran is applying for either Death Indemnity Compensation (DIC), the Death Pension, or any Accrued Benefit not yet paid. If the Veteran is still alive, you MUST use VBA 21-527EZ Application for Pension.

VBA 24-0296 – VBA 24-0296, Direct Deposit Enrollment. This is your typical direct deposit form which is required by the VA because they usually will not mail a check.

VBA 21-0779 – VBA 21-0779, Request for Nursing Home Information in Connection with Claim for Aid and Attendance. If your claimant is in a nursing home, you will need to have this form completed by the nursing home.

VBA 21-2680 – VBA 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance. If you are filing for Housebound or Aid and Attendance for either a Veteran or a widow(er) of a Veteran, you will need to have the doctor complete this form. The only time this would not be necessary is when you are ONLY applying for base improved pension.

VBA 21P-8416 – VBA 21P-8416, Medical Expense Report. If you intend to use medical expenses to offset income, you will need to complete and submit this form as well. As a practice point, you
will almost always (I have never not) need to submit this form to offset income.

Healthcare Provider Statement – There is no standard VA form for this. However, this is a brief statement from the health care provider that explains the services being provided and the cost of those services. It also lists which of the activities of daily living the healthcare provider assists with for the claimant.

That’s a lot of forms! Where can I find all these forms? 

Good news! All of the VA forms are readily available on the internet and can be found here.

These forms are PDF fillable forms that you can complete, print and save. You will have to type the information into each of these forms individually as the information does not carry over from one form to the next.

That’s still a lot of forms requiring the same information over and over! There has to be a better way!
Why, yes, yes there is a better way! The Lawyers With Purpose Software is your one-stop location for filling out these forms. In the software, under the tab, VA Qualification and Application, you can find an easy-to-follow interview that will complete the VA Intent to File as well as the VA Formal Claim. At the end of the interview, the software will automatically generate ALL of the forms you require to file either the Intent to File or the Formal Claim.

What if I get stuck along the way?
Don’t worry! We have you covered. Just log on to our member website and go to the Process Tab and select the VA Qualification & Application. You will find everything you need in Tabs 3-8.  Additionally you can check out the vast amount of resources on the VA Tech School tab under the Legal/Technical tab as well as the video on the VA Application Process located on the Learning
About VA Benefits & Applications tab on the Training tab.

Introducing September 2019 Member of the Month, Jeff Edwards

Located in Roland, Oklahoma, and serving communities in both Oklahoma and neighboring Arkansas, the Law Offices of Flynn, Edwards, & O’Neal, PLLC has been a member of LWP since January 2018. The firm provides legal services in the areas of Elder Law, Special Needs,Transportation Law, Bankruptcy, and Personal Injury litigation.

Jeff Edwards, who has 27 years of legal experience as inside corporate counsel for large fortune 500 companies and as outside private counsel for multiple large publicly traded companies, handles the elder law and special needs services for the firm.

 

 

LWP sat down with Jeff Edwards to discuss his firm’s mission as well as the impact they’re making in their market.

What brought you to estate planning and elder law?
I was in private practice for five years, and then I worked for a college, and then in-house for trucking companies—all in the legal capacity.  Then, around 1998, while I was working at the college, I had the experience of having relatives who needed Medicaid and had to spend their life savings in order to get it.  This experience led my reading one of Alexander Bove’s books about Medicaid planning; it was very enlightening. I then began teaching some classes and seminars on Medicaid planning strategies and built a name for myself as one of the very few people in the area who knew anything about Medicaid. Then, a law change made it illegal for attorneys to advise clients on certain Medicaid planning strategies.  When I reopened a private practice in 2014, I found that the legal risks of advising clients about Medicaid planning were no longer an issue.  So, I began re-educating myself in the areas of elder law including Medicaid planning.

What brought you to Lawyers With Purpose?
I had actually first joined another organization, but there wasn’t software, and the support wasn’t good. I then joined another organization which had great software, but it didn’t have a comprehensive business process. I then joined the local chapter of NAELA, and it was there that I heard about LWP.  Since joining, I have enjoyed everything about LWP; it’s a good training system. But, I’ve been implementing it more slowly than I’d like. It’s been difficult to limit my practice to Elder Law, and I am still handling court cases.

How tightly are you following LWP’s systems and processes?
I have had to customize some things, but I’m moving more toward the model and am using most of the system. I did do workshops, but I got overloaded and had to stall. I use the software 80% of the time. I have to use something different about 20% of the time due to certain issues that pertain specifically to Oklahoma, but Amanda Smith (LWP Director of Education) is working on that.

What was your greatest LWP win?
The biggest thing that made me comfortable using LWP was the different kinds of trusts. There are LWP plans to meet the needs of everyone. It makes it easier for attorneys who are not experienced in estate planning and who are not CPAs to feel comfortable that the trust templates can meet the needs of all potential clients. I’m now comfortable talking to high-wealth folks.  Another win was that 90% of people in our workshops wanted the work done. I expected to engage 2-3 people out of 10, but I have ended up getting engagements closer to 9 out of 10.

What was one of your greatest TAPER learnings?
At my first TAPER, it was the goal setting and coming up with a game plan about how to set up the office and implement Actionstep. Atmy second TAPER, it was the in-marriage QDRO and the use of funding coordinators.  What is your favorite LWP tool?  I use the Medicaid Qualification worksheet quite a bit.

What is your market like in Roland?
In my area, about 70% of the business is general estate planning; 10% is crisis planning, and the remainder is asset protection. There is not as much special needs planning or VA planning.  Also, although Roland is a low income area, there are quite a few people with sizeable 401Ks and real estate assets. A lot of factory workers and farmers are deceptively wealthy—having a million dollars saved from working. 

What is your competition like?
No one else in my geographic area of Oklahoma practices elder law, so I can get overwhelmed with clients within my territory, which is about a 100-mile radius. The only other person in the area is in Arkansas and does not belong to LWP. I also get a fair amount of Arkansas clients. I have plans to open a second office next month in an adjoining county so people don’t have to drive as far.

What kinds of trends/changes are you seeing in your area?
I am seeing new clients with old trusts that were done years ago, which need revision. I am also seeing people coming from other states with trusts which need revisions as the trusts are antiquated trusts that need to be redone. I’m also seeing a lot of requests for pet trusts.

Could you share a client success story?
A client came in— they were an elderly couple. We were able to maximize the amount of money that could be saved through an annuity. I got them qualified for Medicaid, saved $100K, and needless to say, the family was exceedingly happy. Of the crisis plans we’ve done, we’ve been able to get people approved for Medicaid and save their hard earned money.

What is something that people may not know about you?
I have a special needs child. My wife of 34 years and I, together with one other person, started a special needs non-profit organization called Developmental Wings, Inc. Developmental Wings provides free and fun, therapeutic, social events for children and adults with developmental disabilities. We do field trips, horseback riding, bowling, and different social activities. There is no paid staff; it’s staffed completely with volunteers.

What is your favorite book, and what is the impact that it’s had on your life?
Alexander Bove’s The Medicaid Planning Handbook. It came out in 1996, but a lot of it still pertains. I’ve used it to teach and to do corporate training on aging. 

LWP Workshops: It's a Numbers Game!

 

By Amanda "Mandy" Bossow, Implementation Specialist

Recently, I was conducting an implementation call with a new LWP Member who attended the June Practice with Purpose in which Amanda Smith and Dave Zumpano were training. Our call topic was the Workshop, and a question the member asked me was, “Who wouldn’t do workshops?” and my honest response to him was, “Too many members don’t see the value in the workshops.” This brand new member was quite shocked that so many other LWP members weren’t doing workshops, so we detoured a bit to discuss the value of workshops as well as the excuses members give as to why they can’t, won’t, or simply don’t want to do them.

There are instances in which the workshop isn’t the next best step but conducting an Initial Meeting is; however, most prospects and clients are still going to require some education along the way.  If the Client Service Coordinator determines the prospect is in crisis  Medicaid, Probate, Trust Admin) in which they need to be enrolled in the process ASAP, the Initial Meeting is a better fit, and we can educate them once we’ve found a solution to their current situation.

By setting a standard that workshops are not just part of the process, but also the first key step in the prospect’s journey toward becoming a client, you’ll likely experience less pushback over time as prospects, clients, and professional relationships learn to expect to attend a workshop from the onset.  You may even find your clients and professional relationships will promote these events for you!

The primary goal of the workshop is to educate prospects on basic estate planning concepts.  Members will find a wide variety of prospects in attendance from those who think they know something, but don’t really grasp the entirety of planning to people who have had elaborate plans throughout the years and understand quite a bit.  The goal is to ensure the majority of those prospects who move forward as our clients receive enough education to be able to make an informed decision about what planning options are going to best serve their needs for years to come.  This relieves you of the burden of “choosing a plan for your client” and the liability that goes along with that. 

A secondary goal of the workshop is to continue to build trust and rapport with your prospects, clients, and professional relationships. The trust we need a client to have in our firm begins during the Initial Contact step of the process during which it was determined that the workshop is the best next action for the prospect. By offering a noncommittal event in which prospects can continue to get to know you, your firm, and your process, you are ensuring that the enrollment process doesn’t feel like a sale.  Professional relationships LOVE workshops because they don’t have to sell their own clients as to why they should work with you. The workshop gives an easy-going forum for them to learn estate planning concepts and get to know you! 

One of the most important goals of the workshop is saving everyone a little bit of time. If you meet with 30 prospects at one time and those who realize they don’t want or need your service can weed themselves out of the process, you are able to focus on the prospects who are likely closer to being your ideal client. These individuals see the value of your services and WANT to work with you. If you were to meet with each of those 30 prospects individually, how would that affect your calendar, productivity, cash flow, and retention rates – especially if not even half of those prospects decided to move forward?  It’s simply a numbers game; the more people with whom you meet at one time vs. individually, the more likely you are to work with those who want to work with you! 

Some of our members have indicated they view workshops as a marketing tool, but as indicated above, the workshops are not utilized for marketing purposes. They are a huge component and one of the first steps of our process. You market your business, and the ease of becoming an educated client begins with attending the workshop where the prospect can decide if they s/he would like to move forward or not.

Know the Seven Common Workshop Mistakes and How to Avoid Them

When LWP members start putting their workshops together for the first time, they often think of them as a way to generate new clients, which is a key outcome.  However, they tend to focus on the workshop solely as a lead generator, and this mindset falls severely short in terms of what workshops actually help you accomplish. The workshop should be considered part of your process, the education part.  It is the part of the process that almost everyone needs, but they don’t think they do. The workshop helps participants see things they didn’t know, as well as things they didn’t even know they didn’t know; it provides them something new upon which to reflect.  The workshop doesn’t just generate leads; it helps enroll qualified candidates into your firm for a Vision Meeting and helps you accomplish higher retention rates and higher average fees, adding to increased profitability.  Here are some of the common workshop mistakes that will sabotage your success:

1. Not delivering your value proposition. Avoid this mistake at all costs.  Not knowing your value propositions is the primary reason why workshops remain poorly attended and don’t result in the desired appointments.  You must know all of your value propositions and how to present them properly.  You need to understand what motivates the market that you serve; marketing messages that tend to resonate include how to save the family home, protect assets from long term care costs, and prevent losing control to the government.  Another way to show value is to waive the Initial Meeting fee for workshop attendees; doing so can be considered a $200 value proposition.  When you deliver the workshop, do you review pre-planning and crisis planning case studies?  Do you tell the stories?  Do you make sure participants understand that Medicaid does not mean they get reduced amounts of care?  Do you get them thinking about what they need?  Are you being clear on your value propositions in your marketing, enrollment calls, and presentation, and if so, do your numbers confirm that?  You’re not the only one who needs to understand fully your value propositions.  As staff members who communicate with potential clients, your marketing and client service coordinator(s) must know the benefits of attending the workshop, too.  Beyond that, you also need to understand why an allied professional would want to attend your workshop after having a Synergy Meeting with you, or the relationship could end right there. 

2. Failing to have a budget and goals established. There is more to hosting workshops than getting them scheduled and filled.  You need to define the amount you are able to spend and your expected return on investment.  To calculate that, you should know the number (as well as the percentage) of participants likely to schedule a meeting, and based on your average retention rate, the number and percentage of meeting attendees that are projected to hire you.  You need to know the costs of your workshops, including marketing expense, and have a financial revenue and profit goal for each workshop. Have you defined your goals and expenses?

3. Not having the right “whos” in place.  Knowing who is responsible for planning the workshop dates, preparing all the materials, and doing the majority of the administrative tasks is critical.  It's also critical to know who is accountable for the number of seats and registrations, and who is responsible to fill the workshop. You also must know who is responsible for the enrollment after the initial contact.  The presenter is responsible for the delivery of the presentation and accountable for the yes rate following a workshop; make sure you are tracking that detail on the LWP Dashboard to Profitability. Lastly, be clear who is responsible for workshop follow up and getting those who say yes scheduled for a Vision Meeting. Any one “who” who does not do his/her job correctly can drastically impact the results of your workshop—from attendance to outcome. Do you know who your whos are, or are you wearing each of those hats yourself?

4. Choosing the wrong location. This can also negatively impact your workshops.  First, be sure the location works for your budget.  Common places to consider are your office, library, senior centers, Chamber of Commerce, and hotels.  I once saw a dashboard that showed more attendees than registrants because the hosting library promoted the workshop, resulting in a number of walk-ins.  Verify that your chosen location will support your style of doing workshops by being a reputable site with ample seating, quality lighting, and appropriate parking.  Your location can either reduce or increase your attendance, so don’t overlook its importance.

5. Not having the proper materials. Review your handouts, and be sure you have what’s needed to demonstrate your value.  Do you provide the Estate Planning Facts handout?  Do you provide a workshop flyer and share that it is for workshop attendees to provide to a family member or friend who may be interested?  Do your workshop attendees have a way of capturing notes, particularly regarding what is important to them, so they can bring those notes to a Vision Meeting?  Do you provide the personal and financial information sheet to simplify the process for attendees and have them complete it prior to their Vision Meeting?  You need to know that your deliverables are working hard to enhance your value.

6. Not presenting the stories properly. This will turn people off.  You must know both: how to present the stories that you tell properly, and which stories you shouldn’t tell.  To determine whether to tell a story, first verify that you’re confident in the legal principle that the story conveys and that your state allows that strategy; there are some states that do not allow a second crack at the apple.  Be sure to review the stories guide, understand which slide accompanies each story, where the story is used in connection with the Estate Plan Audit, and what legal concept you are demonstrating.  Get comfortable with your set up and delivery.  Personalize your story; make it your experience, share your emotions, and be sure to use your Power-In-Partnership communication training.  This includes your purpose story.  Every story has a reason, so be clear on why you are telling each one.

7. Not having proper follow up. This will hurt you.  Follow up begins at the end of your presentation, so don’t rush or cut your workshop closing short.  You always need to have enough time to close your workshop properly.  You should provide time for participants to ask any unresolved questions at the end.  Some of our members even offer to schedule appointments in the back of the room afterward. 

If your process includes calling participants the day after a workshop, be sure to tell participants to expect a call if they said yes, and make sure your “who” has time to make those calls blocked off on his/her calendar.  Being committed to follow up is key, especially when you are a solo, so be sure to account for follow up time.  Don’t overlook what goes into getting appointments, from the closing of the workshop to the actual calendaring of appointments. The longer you wait to follow up, the less relevant your value becomes.

Understanding the standards of planning and preparing for LWP workshops is key to successfully marketing, delivering, and following up to get the goals you desire.  Make sure you are using the LWP Focusers and Dashboard to Profitability to track and measure the impact of changes you make and the return on investment.  I wish you all success in your next workshop!

Introducing May 2019 Member of the Month, Denis P. Rischard

Located in Oklahoma City, Oklahoma, Rischard & Associates, PLLC has been a LWP member since 2017.  Founder and Senior Partner, Denis P. Rischard, has over thirty years of experience practicing law in Oklahoma and is also a member of the Oklahoma Bar Association as well as the founder of Oklahoma Disability Elder Law Advocates (ODELA).  After having served as a litigator for 26 years, Rischard transitioned to elder law and had been practicing in that area for four years prior to joining LWP.  In addition to running his firm, Rischard is also a devoted parent to the nine children he shares with Susie, his beautiful wife of over three decades.

LWP interviewed Denis Rischard to talk about his firm and the changes it’s experienced since becoming a member.

What do you believe sets Rischard & Associates apart from your competition?
Our goal is to provide an exceptional “legal experience” to each of our clients—and it begins with our culture. We think the culture of our firm and the camaraderie of our team is distinct.  We all work well together, we respect each other, and we enjoy serving our clients.  It really is a familiar atmosphere, and I think our clients sense that, allowing them to become more comfortable and open to letting us serve them and their families.

 

What was the deciding factor in choosing LWP over other competitors?
The holistic approach to running the elder law and estate planning practice—from the revenue focuser and time templates to the planning and billing software, it’s all there, and it is enabling us to obtain the efficiency, and ultimately, the proficiency, we had been seeking.  We signed up on a Thursday and went to our first TAPER the following Sunday, and my team and I were so excited about jumping right in.  Since that time, we’ve made lots of necessary changes, and the results have been significant!

 

Speaking of TAPER, what’s one of the best tips you’ve gotten from attending?
“Follow the system” is definitely the tip that’s stuck with us.  And it wasn’t the easiest to follow at first.  I had been practicing elder law for over 4 years when we joined LWP, and I had been a litigator for 26 years before that, so we had traditional law firm processes in place.  Frankly, we were not optimizing work flow and cash flow in the manner the LWP system promised to provide, but now that we are (close to) being fully implemented, (close to) fully following the system, the growth we’ve seen has been phenomenal.

 

What kind of growth have you experienced?

Due to a major shift in our firm’s infrastructure last year, we went from a three (3) attorney law firm with diverse practice areas to becoming a solo practice in Elder Law and Estate Planning.  Prior to becoming a sole practitioner, it was challenging to fully implement the LWP system.  However, since October 1, 2018, we became fully committed to “Following the System.” Since our re-establishment of our commitment to embrace the LWP system in whole, we have experienced an increase in potential new clients, workshop attendees and revenue.  Although there is always room for improvement, we are excited to see more growth. The last eight months, specifically this month, has been our best period of growth.  Since the transition in October 2018, we have seen almost a 60% revenue increase.

 

What is the greatest success you’ve had since joining LWP?
The greatest success we’ve had has been implementing the Revenue Focuser and enhancing cash flow.  It has streamlined our work and given us the opportunity to achieve the financial goals we’ve set for ourselves by working smarter and not harder. 

 

What is your favorite LWP tool?
For me, personally, it is probably the color-coded time template.  It has changed the way I schedule my time: green, blue, yellow (I made purple my personal time!).  I think my team’s favorite tool is probably Actionstep; it keeps all the tasks they need to complete organized and on schedule.

 

What are the biggest challenges your clients are facing right now? Are you seeing any trends in your clients’ needs?
The biggest challenges most clients face seem to be whether to make the investment to plan ahead to avoid the potential for the “unknown.” That’s our main focus—to help them arrive at the prudent decision to plan ahead so as to bring about peace of mind.

 

Any advice for attorneys who are new to estate planning and elder law?
The first thing to do: Seek out a mentor (or multiple mentors) on whom you can count to share their experience and provide guidance on how to learn the practice and the business of the practice.  I did that—and it was a Godsend!

 

What is something about you that most people do not know?
Aside from the practice of law, my other “avocation” is being a basketball coach.  I started coaching local middle school teams after I graduated from law school, and I coached a high school freshman boys team for several years. One of my greatest pleasures in life, however, has been coaching my kids' teams. I've coached 7 of my children for their school and tournament teams, and some of my fondest memories come from those times.

 

What is your favorite book, and how did it impact your life?

The Bible, of course, is comprised of many books. I’ve been reading the Acts of the Apostles lately, and I continue to be astonished at the inspiration provided to the early Church following the Resurrection and Ascension of Jesus. These ordinary people, infused with the Holy Spirit, literally spread the Good News of Jesus Christ to the ends of the earth.  Imagine what similarly-inspired, serious-minded people could do today to make this world as it should be by uniting our lives with His.

 

I was advised many years ago, “Don’t just read good books; read only the best.” Well I’m not certain I’ve not always necessarily adhered to that principle. Nonetheless, there can be no greater story ever told then that of Salvation History as related through Sacred Scripture.

Automated Workflow Management: The Top 4 Reasons Why You NEED Automated Workflows in YOUR Firm!

Utilizing an automated workflow management system makes it much easier to have greater insight into your business by easily generating reports instead of having to dig through files or spend time locating the information you need.

With automated workflow management, you and your team are held accountable by auto-generated tasks set specifically for certain roles. Your ability to communicate both internally and externally is more effective because everyone is aware of the specific step a client is on within the process and how to keep clients moving efficiently through your process, overall.  By having more effective communication and staying ahead of the game, your clients and referral partners have a greater satisfaction with the services you provide.  Lastly, the ability to produce top notch documents is now easier than ever, and you can be sure the information needed is entered properly without having to spend a ton of time reviewing and editing.

• Increased insight into how your business is doing.

Wouldn’t you like to:

Know if/where a client gets stalled in the process? 

Prevent any client from falling through the cracks? 

Be able to measure your KPIs?

 

With automated workflows you can easily answer the following questions:

How many clients do I need to retain this week in order to meet my revenue goals?

How many individuals are registered to attend our workshop this week?

How many prospects are at a follow-up step from the workshop we had last week?

How long has client John Smith been at the vision meeting step?

Who is coming in to design a plan this week?

What is my retention rate and average fee?

When are we getting paid next?

 

All of these questions can be easily answered by placing the matter into the proper step within your automated workflow. With just a few clicks of the mouse, you can generate a report to review if follow-up has been completed timely and effectively, if your marketing is working properly, and if your cash flow projections are on track. With automated workflows, everyone is aware of the tasks they have or have not done, and that which you inspect, people will respect. You will have fewer accountability issues in your firm when everyone is conscious of their work.

 

• Increased accountability and communication for you and your team.

By utilizing automated workflows, you can move past the days of to-do lists when team members needed to keep a record in a notebook of the things they accomplished in a day.  By utilizing an automated workflow management system, you can view and delegate tasks and know if they are in progress, whether or not they were completed, and the amount of time it took to complete them.   If you see a ball being dropped, you can take a proactive approach to prevent a problem instead of discovering it when an upset client contacts your firm.  Simply running a report will reveal if follow-ups were completed in a timely manner.  Likewise, if you are scheduled to draft documents for a client, a task can be generated to remind you so you can stay on top of your own workload, too. With automated workflows, when you calendar and link appointments, they will auto-generate the tasks for your upcoming meetings.  This ensures that you have sufficient time to complete your tasks, eliminating the potential for unpreparedness or having to cancel meetings last minute, both of which could can cost you revenue and credibility with your clients.

 

The automated workflow has a built-in communication system that decreases the need for untimely interruptions. Adding a note to a client matter each and every time someone has contact with either the client or the matter itself keeps everyone in the loop.  Even the receptionist can review the notes to ensure that the paralegal is currently drafting the documents that the attorney will review prior to a signing meeting with the client this coming Wednesday!

 

• Increased satisfaction from clients and referral partners.

As part of their standard value proposition, LWP members can confidently demonstrate to their prospects, clients, and referral partners that there is a process to prevent a lack of communication, and that ‘balls very rarely get dropped.’ You will have a standard process to which you adhere that ensures you can deliver on your promises. Clients gain more confidence in your services when they don’t have to be the ones reaching out all the time and holding you accountable, and the more enjoyable the process is for the client, the more they will want to refer others. Staying ahead of the issues and concerns increases client satisfaction.

 

• Improved quality of deliverables.

Another added benefit for utilizing a workflow management system is the use of plug-ins! By utilizing a plug-in for HotDocs, you have the ability to draft documents right from the cloud as well as having some of the information from the client matter preloaded into the software. This leaves less room for error and more continuity with documents. The review process can be completed in less time, and you can be confident that names and addresses were transferred properly. “Copy and paste” can quickly become a thing of the past!

 

We have found that when LWP members use automated workflows, it not only keeps them on task, but they are able to distinguish themselves above the rest!

- Amanda Bossow, LWP Implementation Specialist

Advance Healthcare Directives and New “Death With Dignity” Laws

In 1997, Oregon enacted the Death With Dignity Act (“DWDA”), allowing Oregonians the right to end their lives under certain circumstances.[1] The terminally ill person must be at least eighteen (18) years old; a resident of Oregon; capable of communicating health care decisions for him or herself; and diagnosed with a terminal illness that will lead to death within six months (all as determined by an attending physician).[2] Furthermore, the patient must make two (2) oral requests, at least fifteen (15) days apart; he or she must provide a written request to the attending physician; and a consulting physician must confirm the attending physician’s diagnosis.[3] This is not an exhaustive list of the requirements, but it will suffice for the purposes of this article.

Keep in mind, the process is not considered “euthanasia”, as that would require the doctor to administer the medication.[4] Instead, the patient must be able to take the medication, orally, on his or her own accord.[5]

I familiarized myself with Oregon’s Death With Dignity Act when I wrote a paper about it for my “Economics of Health Care” class in college.  Since then, six (6) other states (California, Colorado, Hawaii, New Jersey, Vermont, and Washington) and the District of Colombia have passed their own versions of the DWDA, with nearly identical requirements.[6] Many people feel the DWDA allows individuals some final sense of control over death and see it as a humane way to end suffering.  Still others feel the DWDA allows individuals to “play God” or fear that people may try to abuse or misuse the system despite the safeguards and requirements in place.

New Jersey is the most recent state to enact a version of a DWDA; it becomes effective August 1, 2019.[7] Interestingly, none of the states that have a DWDA have been able to amend or expand the act from its relatively narrow scope of individuals.[8] Legislators in New York State fear the current Death With Dignity laws do not go far enough.[9] Most commonly, terminally ill cancer patients are benefitting from the law, but people with degenerative diseases may never be able to use it. For example, individuals with ALS, Huntington’s disease, oral and laryngeal cancers, strokes, or Parkinson’s disease, among others, may have a life span of ten years or more, disqualifying them from immediately requesting to end their life.[10] However, by the time they reach the six-months-to-go mark they may no longer be able to verbalize their wishes or may not be able to physically swallow the prescription.[11]

Oregon is currently working to amend its legislation to add an option for an injection instead of the sole option of the pills.[12] Other states are pushing for special language in health care directives allowing an agent to elect for Death With Dignity for the terminally ill patient who is no longer able to make his/her wishes known verbally.[13] For perspective, Canada has Death With Dignity laws which allow physicians to administer the medication to those patients who are unable to do so on their own and does not require the request to be made within a certain time frame.[14]

No matter your feelings on the subject, it is important as estate planning attorneys to understand how this legislation may work – or may not work – in conjunction with health care directives in your state. Right now, because the laws require the terminally ill individual to make a verbal request, an advance directive cannot legally authorize a Health Care Agent to make a request under the DWDA for the terminally ill individual, in any state.

Even if it is not common to have terminally ill clients or clients who fit into the relatively limited rules of the DWDA, it is important to know how the law works in your state. And, as the laws continue to evolve, it is important to make sure your clients know what their Health Care Directive does and does not permit. Even though we are not doctors it is our job to stay on top of the law side of the health care industry.

- Brittney Shearin, Esq.

 

[1] Oregon Health Authority, Death With Dignity Act, Oregon State  Website https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Pages/index.aspx (last visited May 13, 2019)

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Jacobo, Julia, New Jersey Governor Signs Law Allowing Terminally Ill Patients to End Their Lives, ABC News (April 14, 2019) https://abcnews.go.com/US/jersey-governor-signs-law-allowing-terminally-ill-patients/story?id=62391589

[7] Id.

[8] Bump, Bethany, New York’s Right-to-Die Debate Omits Important Group, Times Union Newspaper (last updated April 26, 2019) https://www.timesunion.com/news/article/New-York-s-right-to-die-debate-forgets-people-13797085.php

[9] Id.

[10] Id.

[11] Id.

[12] Hayes, Elizabeth, Details Emerge Surrounding Controversial Changes to Death With Dignity Act, Portland Business Journal (May 10, 2019) https://www.bizjournals.com/portland/news/2019/05/10/details-emerge-surrounding-controversial-change-to.html

[13] Bump, supra note 8.

[14] Id.