Lawyers With Purpose

Congratulations to Matt Deliberato, Lawyers With Purpose Member of The Month!

What is the greatest success you’ve had since joining LWP?

How can you can measure the greatest when there are so many.  We decided as a team that by implementing the LWP systems and processes, we have grown as a firm and a team in ways that never would have been possible without LWP.  We didn’t know what we didn’t know!  The firm retreats are great for giving us focus and making us accountable to making Deliberato Law Center a superstar!

What is your favorite LWP tool?

ActionStep, although it was a rough start, it is a great tool for all we do.

How has being part of LWP impacted your team and your practice? 

Having Molly as our team coach has been integral to organizing out team and making sure the right butts are in the right seats.

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

I used to be a radio DJ and was the front man of a band.

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

So many to choose from.  How about one you probably haven’t read.  "Cancer on $5 Per Day (chemo not included)" by Robert Schimmel.  Robert is a comedian who received a diagnosis and gives an honest and raunchy account of what he went through.  Not much in life is really worth getting upset over.  Robert’s account on his tragedy is not only hilarious but really made me reconsider my outlook on what is important.  I know many of you have heard me say it, but everything in my life is now based on whether it occurred before or after my diagnosis.  I was given a new start in life and have taken advantage of it.  Definitely not an intellectual read, but good for a good belly laugh.

Taking on DHS: Successfully Challenging the Medicaid Penalty

We want to welcome Richard Winblad, Guest Blogger and Lawyers With Purpose member.  Today Richard shares about his win with the Medicaid Penalty. Great work making a difference for your clients!

Taking On DHS Benefits the Client and Referral Source

An accounts receivable director of a nursing home advised me about a disturbing Medicaid denial they received. The case had already gone to one Fair Hearing. The caseworker identified $60,000 of checks that she contended were made without receiving “commensurate return.”[1] During the hearing, she wanted to amend the finding so that $113,000 was improper and to deny benefits for 792 days. In Medicaid language, this means that it would not reimburse the nursing home until after the two years had passed. Not a great result for a 95-year-old widow suffering from Alzheimer’s disease. This was bad news for the facility and for the family. The family had no resources to self-pay.

The nursing home was interested in having the result reversed. They were already out approximately $40,000 in unreimbursed fees and were not relishing funding an additional $70,000. Clearly, the caseworker’s decision had to be examined and perhaps challenged. Eviction was not an option the nursing home was willing to consider. It also wanted to avoid funding her care. The administrator saw the value of paying an elder law attorney to represent the resident. Of course, the resident’s guardian agreed to the arrangement.

Training Builds Confidence

Lawyers with Purpose provides training that is useful in dealing with Medicaid eligibility gatekeepers. Sometimes caseworkers get things very wrong, resulting in improperly denied benefits. This case involved a “lookback period” which is 60 months prior to the Medicaid application. The agency looks for transfers for less than “fair market value.” Generally, the agency examines transactions with family members and often treats these as gifts. The amount of the gifts is then divided by that state’s reimbursement rate to compute the penalty period. For example, Oklahoma’s reimbursement rate is $143.70 per day.

$113,810 ÷ $143.70 = 792 days

Aside from the initial training, Lawyers with Purpose provides online content and webinars that reinforce and expand the initial training. It also connects attorneys through a Listserv email group where members can ask and answer questions. One-on-one legal technical service is also available.

Not Accepting Medicaid’s Answer

The caseworker acts as the initial gatekeeper. If an application is denied or penalty period is imposed, the applicant must be notified of the decision and provided with an opportunity for a “Fair Hearing.” If unsuccessful at the Fair Hearing, further appeals are available typically to the agency director, then to the state courts.

Federal Option

However, the state’s administrative process is not the only avenue for relief. Denials of benefits often trigger claims under 42 U.S.C. § 1983 which can be brought in federal court. A successful §1983 claim can entitle the victor to attorney’s fees. In many jurisdictions, this may be the best answer. It is good to review both federal and state decisions in order to determine the most advantageous route. In this case, the most expeditious way to challenge the caseworker was through the Fair Hearing.

Pretrial Preparation

This case involved review of the denial and of the Fair Hearing Packets. Family witnesses were interviewed and records examined. An opening brief demonstrated flaws in the caseworker’s logic and legal basis. It also involved developing the family story that showed the funds paid were for care, that there were time logs, and why the care was necessary. The state agency filed a reply, which used a different but nonetheless incorrect legal standard. Naturally, we filed a reply to the response.

The Hearing

Telephonic hearings are difficult, especially when using financial exhibits. About a week before the hearing, we delivered an exhibit that showed how challenged checks matched time records kept by the caregiver. Just like any trial, we wanted our evidence in and theirs out. Although not requested, we filed a brief containing the proposed findings of fact and conclusions of law. We received the decision about two weeks after the hearing. The themes in the briefs, testimony and exhibits were reflected in the findings and reasoning of the hearing officer. Of the $113,800 originally challenged, the administrative law judge found only $1,983 to be inappropriate. This reduced the penalty period from 792 to 13 days.

Don’t Be Afraid to Fight

I come from a litigation background, so a Fair Hearing is simple. Evidence standards are relaxed. It has the feel of a small-claims proceeding. There are few formal pretrial procedures, but it is good to play by the normal court rules of the jurisdiction. Informal requests for information normally resulted in production.

Conclusion

The imposition of a penalty period was based upon bogus views of the law and the facts. Despite being confronted with the applicant’s case, the agency was unwilling to make any substantial concessions. Unless the applicant won, she might have died without ever receiving any benefits. Ultimately, the administrative law judge agreed with the applicant’s position and accepted her facts. LWP’s training made the victory possible.

Richard Winblad,

Richard is an attorney and LWP member who practices estate and Medicaid planning in Oklahoma. He is a Veterans Affairs Accredited Attorney and provides educational programs to consumers and elder care professionals. Richard is president of the Oklahoma City Commercial Lawyers Association. His blog can be found at www.WinbladLaw.com 

[1] The caseworker was using the incorrect term; what she really meant was that the resident did not receive anything in return.

If you want to learn more about becoming a Lawyers With Purpose member, give us a little information, then check out our membership benefits here: http://lawyerswithpurpose.com/Membership-Brochure-Registration.php

Congratulations to Connie Aschenbrenner, Lawyers With Purpose Member Of The Month

What is the greatest success you’ve had since joining LWP? 

I accept the challenge to name my greatest success since joining LWP and believe it is having become a member of an organization of like-minded estate planning attorneys.  Organization is a word, I would describe LWP as a family.

What is your favorite LWP tool?

I use the design templates each time I work with a client.  These templates insure that I am discussing all of the issues with my clients.

How has being part of LWP impacted your team and your practice?

Being a member of LWP has given me the opportunity to learn and fine tune my skills as an estate planning attorney.  LWP membership has helped me understand the value I bring to my clients.  My understanding of the value we as the LWP community hold and share daily has increased my self-confidence.

I share in each of my workshops that I attend national conferences throughout the year.  These conferences provide educational material and networking opportunities, where I meet outstanding attorneys from throughout the United States.  I also attend the recurring educational webinars provided by LWP members while I am in my office. 

Being a part of LWP has allowed me to create a practice that lets me create the life I want.  I'm a solo attorney in Anchorage, Alaska who is grateful every day to go to work, knowing that I have the whole LWP community behind me.  I tell my workshop attendees, I'm a solo attorney, but it never feels like that in my office, because I can match a face to the people's names on the list serve and I know that the LWP community is only a phone call, email, plane ride, or a retreat away.

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

I have a weighted hula hoop and arm hoops from Canyon Hoops in Portland, Oregon.  Hula hooping is a great sport.

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

I'd have to say the book Jesus Calling by Sarah Young; the Bible; Miracles Happen, by Mary Kay Ash; and 90 Days on the Path to Success, Building Health, Wealth, and Abundance by Lora Newman, M.S.   I'm continually learning how to live my life and including God in it.  These books and people, Lora Newman, are helping me have a more fulfilled life.

Members! Join Our Marketing Roundtable On Local Search With Nifty Law!

It’s not easy for a person to find the right lawyer, in the right town. With today’s clients turning straight to the Internet to find that one unique lawyer in their local area, marketing your practice can feel like trying to break the Enigma Code.

Join us on Thursday, June 9th at 4 EST along with Mike Ramsey of Nifty Law to learn the nuts and bolts expert tips about directory listing, search engine dos and don'ts, paid online advertising – getting links, likes and shares.

For anyone looking to unlock the mysteries and getting found on the Internet.

This is a members only event.  

Register today: https://attendee.gotowebinar.com/register/1139857481701604100

Congratulations to Norman Sabin, Lawyers With Purpose Member of The Month

What is the greatest success you’ve had since joining LWP?

Implementing the LWP processes into the firm’s operations, allowing us to standardize the processes and production of quality estate plans while facilitating communication with the firm members.

What is your favorite LWP tool?

The Medicaid portion of LWP-CCS, wherein I can show clients Value Proposition of Asset Protection planning using their own financial situation. In addition, the use of ActionStep provides one-stop access to all firm operations, including client management, marketing activities and successes, and revenue tracking.

How has being part of LWP impacted your team and your practice?

LWP’s systems allow us to truly work as a team, supporting each other while ensuring that we can produce quality documents in a timely and efficient manner.

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

Prior to attending law school in the early 90’s I was employed in the data processing industry with IBM, Control Data Corporation and Storage Technology. I also flew C141s in the Air Force Reserves and spend about 4 years flying for World Airways before attending law school at Regent University.

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

The Bible – it is truly the manual for living life to the fullest.

Congratulations to Debra Robinson, Lawyers With Purpose Member of The Month

Greatest success since joining LWP:

For many years I was in practice with a series of different partners.  When I finally broke free and went on my own, I was searching for new and better ways to run my practice.  Molly Hall reached out to me at just the right time, and I believed LWP was a perfect fit for my needs.  Within a few months, I increased my fees, made a scheduling template and stopped interrupting my work flow to answer client calls, and became a much more efficient practitioner.

Favorite LWP tool: 

My team and I are gearing up to start having workshops.  We moved to new offices in January, with a large enough room to hold workshops in-house.  We have watched Dave’s videos together several times, and are in the process of editing and printing all the wonderful material made available by LWP.  Now all I have to do is learn to tell the jokes.

Impact on my team and my practice:

We are having more frequent staff meetings, I’m sharing more educational material with my team because I realized the more they understand, the more they can take on.  We made a list of everything that needed to be done to start having workshops, and everyone pitched in and did even more than I expected

Share something about yourself that most people don’t know about you:

Most people don’t know that my mother was inspirational in how I interact with my elderly clients.  My mother met the love of her life when she was 84 and he was 87.  They had three wonderful years together before his health failed.  They were head over heels in love, and a joy to watch.  I learned from them that no matter what your age, life can still bring wonderful surprises if you are open to taking chances.   

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

Little Women - I read it as a teenager and it made me want to be a writer like Jo - Maybe someday.

 

Values vs. Valuables

A recent survey conducted by the Allianz Academy of Legacies asked Baby Boomers and their parents to rank priorities when leaving an inheritance.

Overwhelmingly, they preferred passing down their “values” vs. “valuables.”

Yet, only a small fraction of these generations has made provisions for this in their estate plans, mainly due to a lack of professional guidance and a practical legacy plan.

As such, the demand for providing a values solution is expected to increase dramatically in the coming years, and estate planners are in the most advantageous position to benefit.

Not only do families find it difficult to get professional advice on this matter, but also the professionals they consult with have few options to offer – until now.

Over the past decade, the team at Legacy Stories has provided senior care professionals with a life review program that has become an industry standard. Now the methods and technology have been reformatted to serve the estate planning and financial advisor community.

To that end, the “Legacy Values Plan” is designed specifically to be a comprehensive self-guided legacy-building solution that can attract new clients and increase client retention with no added staff or training.

This award-winning solution helps your clients preserve and pass down their life lessons, values and experiences as an essential part of today’s estate plan.

Lawyers with Purpose has made arrangements to offer its members this exceptional program at 20% off.

To learn more go to: https://www.legacystories.org/values

Apply this code for the discount: LWP20

Tom Cormier, Co-founder, LegacyStories.org

Roslyn Drotar, Online Marketing, Content & Social Strategist for Lawyers With Purpose

Congratulations to Andrew Jaloza, Lawyers With Purpose Member of The Month

What is the greatest success you’ve had since joining LWP?  

The greatest success is having created a thriving Estate Planning Practice run by a cohesive team of dedicated people who are passionate about helping as many families as we possibly can.

What is your favorite LWP tool?

It is not just the tools but the total client centered systematic approach of the LWP process that has allowed us to quickly go from zero to hero as an Elder Law and Estate Planning firm. 

How has being part of LWP impacted your team and your practice?

We have been impacted by our implementation coach Roz Drotar and our mentor Coach Candace Pollock, both of whom have held us accountable and challenged us to reach our highest possible potential while imparting their years of experience-based suggestions to help us achieve amazing growth over the past year.

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

Something that people don't know about me is that I am transparent. What you see is truly what you get. 

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

My favorite book is called Man's Search of Meaning by Viktor Frankl. This book has impacted my life because after reading it, it has taught me that everything in your life is a matter of perspective, and how you look at something creates your world.   

 

10 Ideas to Make Your Law Firm Website Better Today

Today we welcome Guest Blogger Mike Ramsey, President of NiftyLaw. He writes and speaks across the nation about all things search, social, and local.

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Most law firms have active websites, but not many of them are good. This gives you a fantastic opportunity to improve your website and stand out from the crowd. After all, a professional website can create the much-needed positive impression, strengthen credibility, and generate new business for you.

In this post, I’m going to share 10 ideas to make your law firm website better today.

Let’s get started...

1. Use Images of Attorneys and Your Office

A professional law firm website needs to build trust, authenticity, and credibility. And nothing does that better than images of your own office and attorneys.

Here is an example.

You can always use stock images on your website, but that’s not recommended. It looks generic, and stock images can never reflect the personality and values of your business — which are important factors.

Pro Tip: Use PhotoFeeler to get unbiased feedback on your photos and control the impression it sends to your potential clients.

2. Start Publishing Blog Posts Regularly

Blogging plays a significant role in lead generation — especially for law firms. According to studies, marketers who blogs generate 67% more leads than those who don’t. Also, businesses with over 200 blog posts generate 5x more leads than those with 10 or fewer.

So, as you can see, blogging is a great long-term investment.

Furthermore, your entire content marketing efforts will be based on your business blog. Let’s discuss it more.

3. Target the “Right” Audience

Here is another tip about blogging.

When you are creating content, it is important to identify the type of audience you are targeting. You are not creating content for other lawyers. It’s a rookie mistake that actually a lot of law firms make.

You should be creating content for your potential customers. Other lawyers are not your potential clients in many cases and there are better ways to create relationships with lawyers in person compared to blogs.

So choose your topics wisely.

4. Local Area Keyword Targeting

Okay, this is the last tip on blogging and content marketing. I promise.

When you are creating content for your law firm website, make sure that you are targeting the right keywords.

One tip is to target keywords for all the local places where you provide services. For instance, if you are a lawyer in Chicago, you probably work with people in the entire metro and should be targeting multiple local areas, e.g., Cicero estate planning, Evanston elder law, Oak Park, Skokie, etc.

Create content to publish on your website with these areas as primary keywords. Optimizing these location keywords will help you get more search engine traffic and potential leads from those geographical regions. This will also expand your website dramatically.

You can use the Google Keyword Planner to find all the relevant keywords and keyword phrases.

5. Responsive Mobile-Friendly Design

Mobile searches have become an important component of online marketing. If your website isn’t mobile-friendly, it can have several negative impacts on your online business.

First of all, nearly 50% of the website traffic comes from mobile devices. If your website isn’t compatible, you are simply going to lose all that traffic. Secondly, search engines prefer mobile-friendly websites.

In April 2015, Google announced their mobile-friendly search engine algorithm update. According to this update, if you are website isn’t mobile-friendly, Google may not rank it higher in the search engine results pages (SERPs). Following that, Bing has also announced their own mobile-friendly algorithm.

6. Building an Email List

An email list of targeted subscribers and potential leads is, by far, the most valuable asset of your online business. It’s important that you start building an email list right from the start.

Why is an email list so important for a law firm website?

It’s simple.

Approximately only 4% website visitors are ready to buy right away when they visit your website. The rest of the 96% need to be properly nurtured. And there is no better way to nurture potential leads than email marketing.

Moreover, when you stay in touch with your email subscribers and send them useful information, they are more likely to hire your services and trust your recommendations.

7. The Psychology of Color

Sometimes, just choosing the right color for your website can make a huge difference. It’s important because each color sends a different message and that can change the perception of your website visitors.

For instance, blue is a color that builds trust, credibility, order, loyalty, and authenticity. This is the reason so many financial institutions and banks use blue.

You can leverage this information and use this to your own advantage and ensure the color choices of your firm are in line with the messaging you want to send.

8. Focus on Reputation

Your website can create a great first impression that you need so much.

For instance, take a look at the following image.

The website specifically focuses on building the good reputation. It shows achievements, highlights different accomplishments, and has a great tagline to go with it.

You should also use testimonials of satisfied customers to complement other elements on your website. A great tool to help generate feedback from customers is GetFiveStars where you can manage reviews, ask for testimonials, and address issues before they become reputation problems.

9. Stand Out with Video Marketing

Video marketing can have great rewards if done properly.

The idea is to rise above your competitors by having engaging videos on your law firm website.

You can create testimonials videos, educational videos, or promotional videos. And when all else fails, you can just be “memorable”.

10. Contact Information

One of the major reasons why people visit your law firm website is to find your contact information. It is, therefore, your job to make it as easy for them as possible.

Don’t forget to mention the physical address of your firm, your local phone numbers, an active email address, and a map. It is important that the contact information — Business name, address, and phone number are consistent everywhere on the web.

Also, depending on your website design, it is a good idea to display the contact information on every webpage. You can easily achieve that by displaying the contact information in the header or the footer of your website.

It can also be a good idea to clarify that an email or contact form submission does not initiate an attorney-client relationship — as shown in the following image.

Final Words

It is important to understand that your law firm website is a crucial component. Without it, you won’t be able to manage content marketing. 81% people search online before buying, and that makes it imperative that you have a great law firm website in place. And you can use these 10 ideas to make your law firm website better today.

Mike Ramsey, President of NiftyLaw

Mike is one of our sponsors for the February Tri-Annual Practice Enhancement Retreat.... and he's also a guest speaker!  Join the conversation during his focus session on the Thursday, 2/25 Marketing Track at 8AM : "I'd Like to Hire You, But I Can't Find You" and learn all things local search to dominate online in your area!

If you're not a Lawyers With Purpose member and want to know more about our Cloud Based Workflow System, join our webinar on Thursday, February 26th at 2EST - Click here to register for our Live Law Firm CRM Workflow System Demo for estate planning and elder law attorneys.  

Roslyn Drotar - Lawyers With Purpose, Online Marketing Strategist