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Follow Up … Every Time

Bigstock-Golf-Swing-Isolated-On-Black-1063196-300x266Did you know?

48% of sales people never follow up with a prospect
25% of sales people make a second contact and stop
12% of sales people only make three contacts and stop
10% of sales people make more than three contacts
2% of Sales are made on the second contact
5% of sales are made on the third contact
10% of sales are made on the fourth contact
80% of sales are made on the fifth to twelfth contact
(http://kellymarsh.org/follow-up-statistics/)

If your one of the 48% that never follow up the good news is you can only improve. However, according to the above statistics, it may be worse if you only follow up three to four times because now your spending additional time and money but still missing out on those 80% sales that are made between the 5th and 12th contact!

So, what can you do?

The best thing that you can do is make sure you have a systematic approach for your follow up. All of it. The follow up calls, the thank you cards, the direct mail, blogging, etc. If you have a workshop, make sure you include in your planning for the workshop exactly what your going to do for the follow up when your planning the event. For example, block out the next day for your assistant to make phone calls to those people that attended to ensure it gets done. Hands down it’s the most important thing you can do the day after a workshop. Use your Follow Up Focuser … always!

Your Relationship Review Meetings, Hardcopy Newsetter, E-Newsletters, community outreach, thank you cards, blogging and staying present in your social media should all be part of your program and should run turnkey. It will give you the additional traction and bring up those conversion numbers, time and money you've already invested.

Roslyn Drotar

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The Power of Technology

Bigstock-Power-Plug-1842450-199x300I just returned from presenting a three-day training for attorneys on how to provide asset protection planning to their clients. The primary concern obviously being loss of a lifetime of assets in nursing homes.

The attendees were shocked to learn how technology can support them in not only their legal-technical needs, but also their marketing. By utilizing a process that identifies the legal issues relevant to strategic spend-down planning, technology becomes your best friend. Right before their very eyes they witnessed how utilizing the law in a processed way can quickly and easily provide them the answer to their clients’ asset protection and Medicaid needs.

They learned how to use our Medicaid qualification worksheet and how it follows the law and provides the key answers that clients need, and they saw the full power of technology. They saw how the Medicaid planning software not only generated the asset protection plan, but also the funding plan AND an opinion letter for the client or their financial advisor. Not only did it provide an opinion letter for the client but also a visual graph of what assets were going to be protected and what would be at risk and for how long.

Finally legal-technical competency meets technology and as a result everybody wins: the lawyer, the client, and your family! And your team because once everything is generated from the software it is neatly tucked away in a file for a thorough documentation of everything that is input.

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Defensive Drafting of SNT ‘ s In Ongoing Battle With SSA

Bigstock-School-Kids-on-a-Chalkboard-14563127-300x247Last week, we discussed a surprising development in the ongoing battle with the Social Security Administration (“SSA”) over various POMS provisions addressing the “sole benefit” rule for first-party SNTs. The decision of the SSA to remove a controversial illustration of a purported violation of the sole benefit rule in POMS SI 01120.201F.2 has been met by SNT drafters with both elation and dismay. Although the now infamous “Example 1” (characterizing SNT-funded travel expenses of the beneficiary’s family members as a violation of the sole benefit rule) has been deleted, SNT planners and drafters remain in limbo as to the best response to this unexpected move by the SSA. Is this deletion merely a temporary position? Does it represent a “kinder, gentler” forecast for dealings with the SSA and state Medicaid programs? Without clarity on these questions, and whether the SSA may change its mind about other types of previously “safe” disbursements, how should practitioners be drafting their first-party SNTs?

Many well-respected SNT practitioners are recommending that the commonly encountered “laundry list” of suggested permissible expenditures be eliminated from SNT agreements entirely. This approach would avoid the need to amend or modify the SNT each time the SSA changes its position in the POMS on the permissibility of a given disbursement. However, many professional Trustees insist on detailed authorizations in the trust agreement for specific items or services, and in the absence of such express authority will insist on obtaining an order of a court of competent jurisdiction directing the disbursement (at great expense to the SNT). However, having a court order does not immunize the disbursement from attack by the SSA or a state Medicaid program, as recent and pending cases attest.

Some practitioners have suggested reliance upon a provision in the SNT agreement that disbursements be limited to those “permitted by the POMS.” However, it is arguable that many provisions in the POMS exceed the legal authority of the SSA to regulate the establishment and administration of SNTs. The recent decision of the United States Supreme Court denying certiorari in Lewis v. Alexander let stand the 2012 decision of the United States Court of Appeals for the Third Circuit (685 F.3d 325) that the Medicaid program administered in the Commonwealth of Pennsylvania could not impose additional criteria for exemption of pooled SNTs authorized by 42 U.S.C. § 1396p(d)(4)(C). The denial of cert in that case effectively creates a conflict in the Circuits which may well come before the United States Supreme Court in the years ahead. (Note: this conflict in the Circuits will be the topic of a future blog entry.) Including a provision in a SNT agreement that limits disbursements to those “permitted by the POMS” begs the question as to whether the POMS are valid and enforceable, and may preclude the SNT from challenging any suspect POMS provisions.

As noted in last week’s blog entry for 1/25/13, POMS Section SI 01120.227D takes the position that so-called “Null and Void Clauses” are, well, null and void! “For SSI resource purposes, a null and void clause does not cure an otherwise defective trust instrument . . . . and cannot nullify provisions that would otherwise make the trust a countable resource. Null and void clauses cannot overcome missing or conflicting trust provisions.” (This drafter nevertheless includes such a clause in her SNT agreements.)

Unfortunately, there is no generally accepted best practice for the defensive drafting of SNTs in this unsettled environment. In those jurisdictions where it is permissible, a SNT agreement should include a limited power of amendment to ensure continued compliance with relevant law and regulations (without any court involvement, if permissible under state law). Such a power should be vested in the Trustee (or possibly a “Trust Protector,” which this drafter does not use). However, even a limited power to amend is reportedly a fatal flaw in some SSA Regions, and the Trustee must proceed with a judicial modification under state law to effectuate any necessary amendments to a non-compliant SNT agreement.

The SSA is currently engaged in active and productive conversations with SNT advocates (including private practitioners, disability support and advocacy groups, and SNT trustees and administrators) to address these, and other, pressing concerns of the SNT community, the first such meeting having been held on January 16, 2013 at SSA headquarters in Baltimore. While these discussions unfold, practitioners and drafters should be prepared to advocate for more clarity in the evolving area of SNTs and means-tested government benefits, which are the cornerstone of securing the future of our clients with disabling conditions. In appropriate cases, practitioners should embrace the opportunity to litigate on behalf of clients whose means-tested benefits are adversely impacted by unsupported SSA or Medicaid decisions characterizing their SNTs as countable resources.

– Kristen Lewis

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What Is Leadership? 5 Keys to Unlock The Leader Within You

Bigstock-Leadership-1883463-300x196The term leader, leadership, step up, etc., are all the buzz of today’s wish list in building a team. Yet when we ask people what leadership means to them we sadly find the meaning having an underlining theme of  “working with people that don’t 'bother' me, do their job, make sure the team is doing what they need to and a team where I can 'delegate to and they get it.'” Or some other compound variations that equal relieving them from any form of relationship—put your head down, do your work and you will get your paycheck. We’ve even heard “They should be thankful they have a job in this economy.” We can assure you; this is no way shape or form, leadership.

In our experience leadership is charting or changing the course for taking a stand for power for the people. It is simply put as mindfulness with hope and compassion.

Mindfulness is Self Awareness + Social Awareness + Self Management.

Self Awareness is showing up on time with empowering energy, general concern for everyone’s time and experience while with you. Social Awareness is holding people up, refraining from gossip, showing up focused, honoring your meetings, keeping your word and taking full responsibility for how you show up in the world. Self Management is showing up prepared without an unstable tone combination w/tension demands an onward motion. Even though most leaders are active, you don’t want to show up harsh with self serving need to “delegate.” The minute you become disengaged and start pointing at them you resign from being a leader.

Leadership is not strength or force.  It is not based on “old school” thinking that smart is good enough and that great leaders are tough and can always hang while leading—no one can sustain continuous strain. It is not survival of the fittest. Leadership does not manage from a place of control – go along to get along & must stay in the box built. It is not from a place of political position – sway whatever way, don’t make decisions or from a place of authoritative—fear based.

Every great leader touches your head to make you think, touches your heart to make you feel and always gives you something to carry with you later, a walk away message. The way we see leadership:

  • Never dehumanizes, fills up, to guide, to include and create
  • Tend and befriend vs. command and control
  • Willing to live the examined life, a spiritual seeker
  • How we do what we do, is just as important as what we do
  • Emotional intelligence
  • Power is used to bring wisdom and clarity for others
  • Not forced, common practice
  • In order to empower, you have to give up your power
  • Of the people, for the people while honoring them for their conviction

There is a new way of leadership that we are so excited to see glimmers of in small businesses across the country. The mental, physical and psychological toll extracted by the “old school”  pressures have lead to escalating personal sacrifice and ultimately, the well-phenomenon known of “burnout.” Through recognizing the cycle of Sacrifice and Renewal, entrepreneurs are renewing themselves using Mindfulness, Hope and Compassion. Through renewal, leaders can counteract the effects of work-related pressures, perform at their best over the long-term, and lead their companies to sustain long-term financial success.

5 Key Attributes to Unlock the Leader Within You

  • Have  a vision, be with a company that has one
  • Be authentic (know they self)
  • Be competent, while projecting warmth in your presence and delivery
  • Have confidence to make decisions
  • Be a communicator

What we find so amazing about the true abilities leaders, even when they have lead in a lot of areas. They have an ability to get people behind one another and bring the best in them out. They identify their weaknesses, and provide them solutions to increase their efficiency and productivity. They have the ability to be the manager (traffic control cop) and make sure that tasks are getting completed, with an empowering leadership element in that. It usually is very difficult to be manager/leader at the same time, but a true leader can accomplish this at all times. They can verbalize the “hard” things to say, even when it hurts, because it is accurate and necessary for the success of the company and the individuals in the company to personally succeed. 

A leader is loyal and committed with a calming way that permits people to let go of panic and trust in themselves to accomplish their goals.  A leader has the ability to help individuals sort through a tremendous amount of information and put them on a path of clarity and direction, with specific short term steps that lead to long term success

You know you have a great leadership when you have engaged employees that are innovative and empowered to get the job done!

Molly Hall

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The Way We Communicate Makes A Difference In Our Relationships – DWYSYWD!

Bigstock-Leadership-Word-Cloud-5241224-300x194We started off day three of our Practice With Purpose Program talking about leadership and relationships. Everything you do is based on your relationships. Your relationships with your financial planners, clients and your team. And one of the first rules of leadership is to DWYSYWD! Do What You Say You Will Do!

"Trouble is, when it comes to answering for one’s word, many people see little value in honoring their word. Accountability entails taking ownership of one’s actions (which includes promises and commitments) or the expectation of one’s taking action and the consequences that arise from the action or inaction. By failing to honor our word we signal to others that we are unreliable and unpredictable.

Simply put, when you hold yourself accountable, those around you know you can be counted on to complete your responsibilities or follow through on your promises. When you do what you say you will do you build credibility."

http://www.accessathletes.com/blog

At Lawyers With Purpose today we're talking about Power In Partnership. The way we communicate makes a huge difference in our relationships. Simply put one of the first rules of leadership is doing what you say you will do! Another very important element of that is that the leader also holds their team, referral sources and clients accountable to do what they say they will do (gently of course). It includes the role of conflict resolution with your relationships.

Do what you say you’ll do and hold your relationships accountable to do what they said they’d do.

That’s leadership (and integrity)!

Roslyn Drotar

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Thank You For Sharing

Bigstock-trust-family-hands-of-child-so-27258686-300x199One of the things we like the best at Lawyers With Purpose is being in the room with members at the programs. Whether it's a WHY Coaching Program, Retreat, or the Practice With Purpose Program. The big take away has to be the “a-ha” moments in the room.

A few of yesterday's debriefs were:

“This changed my perception of medicaid! Going back to the basics and using the tools makes it simple!”

“The steps we went through in the first 2 hours gave me a level of confidence to convey this to my clients and make their lives easier!”

“I'm always giving it away, but now I'm going to serve it up.”

The Medicaid process is simple and is wrapped into a nice little package of tools that are easy to use and fail proof. Before lunch our attendees had qualification worksheets and knew Medicaids In's & Out's!

The end of the day debriefs ….

"I would highly recommend it. It will lead to a rewarding, profitable, and less-stressful practice."

"Absolutely essential for running an elder law practice!"

"By using the software I can make eliminate errors and get it done quicker."

We are so excited to be in the room with each of you! Thank you for sharing.

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Refining Your Listening Skills & Habitual Patterns for Success

Bigstock-forward-thinking-innovation-cr-30508940-300x283Yesterday our Lawyers with Purpose members were having conversations about (1) listening skills and (2) getting off the habitual pattern we call the hamster wheel. Big Audacious Harry A$$ Goals (B-HAHG) were set and homework was involved at the end of the day to support reflective tools for them to use between now and the next 90 days to support them with their progress.

Through developing your listening skills and communicating what's in your heart to your perspective clients and referral sources, you will naturally draw them to you and they'll WANT to work with you. Isn't that your business as an entrepreneur? Guiding them and providing the leadership to help them make a decision. Your prospective clients come to you for leadership and if you don't believe that, passionately, they won't believe you either. So let your confidence show!

By changing your habitual patterns and going outside your comfort zone, you will become exposed to a whole new way of thinking. A whole new mindset. So working that muscle to create new habits with intentionality will develop the new patterns over time. Our members yesterday were in the room with 70 other attorneys in complete silence planning away to create a path for a practice with purpose.

So … getting back to the homework, our members today declared goals and started creating habits for their future. Some were simple and small steps but they were given the freedom to plan anything they wanted for their future and this planning will give them velocity and our implementation coaches will be their biggest accountability and their biggest fan! Roslyn Drotar, National Director of Implementation

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Recent Developments In Ongoing Battle With SSA Over “Sole Benefit” Rule

Bigstock-School-Kids-on-a-Chalkboard-14563127-300x247In April of 2012, the Social Security Administration (“SSA”) stunned those of us who draft first-party Special Needs Trusts (“SNTs”) by adding to POMS Section SI 01120.201F.2. an example of a SNT provision that purportedly violates the “Sole Benefit Rule.” Under cloak of darkness, and without any opportunity for public comment, “Example 1” appeared as follows:

“Example 1 – Trust provision that is not for the sole benefit of the trust beneficiary.

An SSI recipient is awarded a court-ordered settlement that is placed in an irrevocable trust of which he is the beneficiary. The trust document includes a provision permitting the trustee to use the trust funds in order to pay for the SSI recipient’s family to fly from Idaho and visit him in Nebraska. The trust is not established for the sole benefit of the trust beneficiary, since it permits the trustee to use trust funds in a manner that will financially benefit the SSI recipient’s family.”

Up until this addition, prior versions of POMS Section SI 01120.201F.2 had specifically permitted a first-party SNT to pay for such travel expenses. In reliance on those POMS, many drafting attorneys (including this author) have for many years authorized this type of disbursement in our first-party SNTs, including it in the “laundry list” of suggested permissible SNT expenditures. Starting in April 2012, the SSA took the position that the mere presence of this authority in the SNT document was sufficient to disqualify the SNT as an exempt trust under 42 U.S.C. Section 1396p(d)(4)(A), whether or not the trustee ever made such disbursements.

Panic and chaos in the SNT world quickly ensued! Previously approved SNTs were disqualified as part of annual reviews. Petitions for judicial modifications of newly non-compliant SNTs were filed across the country, seeking to purge the affected SNTs of the newly offensive provisions. Trust Protectors leaped into action to amend SNTs where authorized to do so without court involvement. (Note: the SSA also takes the position in POMS Section SI 01120.227 that it will not respect a “savings clause” provision in a SNT, e.g. “No provision of this Trust Agreement shall be recognized or given effect to the extent that such provision would render the Trust non-compliant with relevant federal or state law. . . .”) Meanwhile, practitioners and other disability advocates were contacting their elected representatives and “insiders” at the SSA with a veritable firestorm of outrage and protest.

Then during the first week of January 2013, the infamous “Example 1” disappeared under cloak of darkness as mysteriously as it had appeared back in April 2012. Thousands of SNTs have already been amended, or are still in the process of being amended, to comply with a POMS provision that is suddenly no longer in the POMS! What is a practitioner to do? Stay tuned for next week’s blog entry. – Kristen Lewis

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Your Brand is Solving Problems

Bigstock-Concept-Of-Brand-31480556-300x199Think of your brand, not only as a visual marketing tool, but also as a way for your potential clients and referral sources to see you as the solution to their problems. As marketplace grows increasingly more competitive, a properly developed brand will give you a competitive advantage.

In today’s world of technology, your brand is more important than ever! I want to share about an article I read in Harvard Business Review: Aligning With the Consumer Decision Journey. It brings a voice to the fact that in the digital world, the famous “funnel metaphor” no longer applies to branding. We can no longer think of our consumers on the large end of the funnel, and target our branding for specific touch points to our prospects until they narrow down their choice and decide.

In the digital world, there is a constant shift.

“Traditional marketing strategies fall short in this new world. Marketers need to drop the funnel metaphor to describe consumer touch points and instead study the evolving and increasingly digital consumer decision journey (CDJ). The CDJ illustrates how consumers add and subtract brands from a group under consideration during an extended evaluation phase. And purchase is no longer the end of the relationship. Now consumers often enter into an ongoing relationship with the brand during which they enjoy, advocate for and bond with it.

Here are some ideas offered from the article with ways you can begin mapping out your commitment to branding your services:

1. Interview your customers. Do this during your initial consult. Find out what brought them to the table and what it was they were looking for when they found you. We do this in the Synergy Meeting.

2. Gather publicly available data on search activity and patterns. Once you find out what your prospects are looking for, use the resources available to you to pinpoint search activity and patterns. Don't just examine the data, let it speak to you and show you where you can improve. We do this using the Five Key Focusers. Review the information and strategize!

3. Identify and Analyze Trends. Once you have committed to your marketing plan, you can begin the implementation. But don’t lose sight of the progress you are making. Track it and act on the things that are working, bury the things that aren’t!

Nurture relationships with your clients, prospects and referral sources. In the end, this is the perfect plan of attack to make an impact with your branding. Always think of your branding as the reason your clients and referral sources come to you. Your solving their problems. Then take your brand out and inspire though your community outreach; grow regularly through your relationship building; and specify the options for the services you can offer to solve their problem.

Roslyn Drotar, National Director of Implementation

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Attracting Korean War Vetrans for Pension with Aid & Attendance

Bigstock-The-Korean-War-Veterans-Memori-4294926-199x300Veteran Benefits “advocates” aimlessly scurry around stumbling over each other as they vie for the business of elderly, wartime veterans who need the aid and attendance of another person to assist them with their activities of daily living. As a lawyer providing services to this market, you have undoubtedly scheduled a community education event at an assisted living facility, or met with numerous home health care agencies and financial advisors with the hopes of receiving referrals. Great! But now it’s time to do something different than everyone else in your profession.

Choose and Define YOUR Market of Veterans!

World War II veterans are increasingly becoming extinct. They were the greatest generation, but a generation that is dying. Vietnam veterans, while there are a lot of them, the ones who are living and do not have service connected disabilities range in age between 55 – 65, and thus, are typically too young to be in our primary market as VA Benefits Planning clients. Therefore, you would not want to spend your precious marketing dollars on this population. So who is our perfect client?

Korean War Veterans. Over 5,720,000 people served in the military between June 27, 1950 and January 31, 1955, the dates designated by Congress as a wartime period. The youngest age of these vets should now be 75 years old, which is an elder law attorney’s sweet spot. By the age of 75, health is beginning to decline and planning for long-term care is essential. For a long time, the spot light has been on WWII and Vietnam veterans with little to no emphasis on Korean War Veterans.

If you are the only one focusing on Korean War Veterans, then you will dominate the market. To feel confident, get to know the veterans of this era and the specific issues they may have that are distinct from other wartime veterans. To begin your search, go to www.va.gov/oaa/pocketcard/korea.asp. Once you know your market, then do everything you can so your market knows you!

Victoria L. Collier, CELA, Author of 47 Secret Marketing Strategies for Veterans Benefits Attorneys (2010), Co-Founder, Lawyers With Purpose