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How To Compete With LegalZoom The Right Way

Technology over the past two decades has radically reworked the way we purchase and read books, watch movies, and listen to music. Amazon, iTunes, Spotify, and Netflix have sprouted from nowhere and dominate the entertainment industry. That’s fantastic for those who enjoy their affordable convenience, but what about those left in their wake of progress? Remember Blockbuster Video?

The one-time rental goliath could have purchased Netflix back in 2000 and adopted the fledgling company as its mail rental arm. Instead, it challenged it head-to-head and was demolished. Blockbuster’s folly was that it assumed it would be successful because it had always been successful.

DocuBank logo with tagThose industry disruptions were initially concentrated around retail and media, but the impact now expands well beyond. Look at Uber, AirBnB, and yes, that elephant staring at us all from the corner, LegalZoom.

LegalZoom is offering a “Basic” Last Will for $69. A Living Trust is $249. That’s madness, right? LegalZoom’s home page features glowing praise from the Huffington Post, Forbes, and The Wall Street Journal. It runs national TV commercials in prime-time spots. Millions of people are using LegalZoom and assuming the documents they’re getting are “good enough.”

Of course those documents may not have all the provisions and protections that your documents provide, but that’s a difficult argument to make to a person without a law degree. Local pizzerias can charge $14 for a pizza because anyone with a tongue can tell the difference between their pies and Domino’s $7 boiling-hot slabs of cardboard. But, most people don’t understand the nuances that make one set of documents better than another.

Plus, it’s safe to assume that the documents are only going to improve as technology advances. Netflix didn’t crush Blockbuster with its online mail DVD service, but once technology advanced, its streaming service made Blockbuster as obsolete as an 8-track.

DocuBank has been working with estate planning attorneys for more than 20 years, and we’ve watched attorneys adapt to new technologies. How do you compete with this new threat? There is no easy solution, but it’s important to change the perception of what you’re selling; change the conversation. You can’t compete head-to-head selling documents: their prices are too low, and their quality will eventually truly approach “good enough.”

The way you can compete with LegalZoom is by providing the one thing they can’t: a relationship. You can provide a level of service and that surpasses the cold, impersonal monolith. It’s up to you to make your office a warm, inviting place that exudes personality. That might include a smiling assistant to greet your clients in your well-lit reception area, freshly brewed coffee, cookies (or some other local treat) from a local bakery, or complimentary trinkets such as a mug (branding opportunity!). The more you can do to distance yourself from a souless website, the better.

Of course, you are your firm’s greatest asset. Whether it’s through newsletters or through a formal maintenance program, your clients need to feel like you’re there for them after they walk out your door. You aren’t just an attorney facilitating a transaction of documents; you’re their advisor: someone they can approach with problems and who looks out for them.

You can also enhance your client packages beyond the bare-bones documents available at LegalZoom with additional services, such as DocuBank. DocuBank lets your clients (or their medical providers) access their advance directives and emergency information 24 hours a day, anywhere in the world. Providing a DocuBank membership with your client’s estate plan lets you market yourself as not just an attorney, but an advisor that wants to be sure your clients’ documents actually work when they’re needed. Plus, there are numerous touch points built into the service that remind clients of your relationship.

As the list of industries the Internet transforms continues to grow, the one thing that remains certain is that those who ignore the change will be left behind. The law industry is now at the same crossroads the music, print, and video rental industries faced a decade ago. Don’t repeat their mistakes and ignore the elephant.

If you're a Lawyers With Purpose member and want to learn more about Docubank and the benefits you get under your membership, join the webinar on August 11th at 2:00 EST by clicking here now.

Mike Wall, Marketing Manager, DocuBank

  

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There’s No Such Thing as the 60-Month Rule

Over the last 23 years of delivering public workshops to more than 10,000 people, I'm routinely asked about the 60‑month rule.  The Lawyer with Purpose “How to Protect Your Stuff in Three Easy Steps” workshops have a slide that asks:

  • Have you heard that if you need Medicaid, they can take your home? 
  • Have you heard that if you want to protect your assets from the nursing home, you have to give them away?
  • Have you heard that if you give them away, you have to wait 60 months? 

Bigstock-Months-and-dates-shown-on-a-ca-56880074After the audience acknowledges they've heard all three, we are swift to say, “None of these are true!”  The truth is, there is no such rule.

Sixty months is a rule under the Medicaid law that is merely a period of time in which Medicaid can look back at your financial records.  It doesn't even apply in all Medicaid circumstances.  For example, in many states that offer community-based Medicaid for care in the home, there is no look-back period.  But understanding the look-back period is absolutely useless in regards to clients' fears of Medicaid.  It has no relevance other than to identify whether the client has made any uncompensated transfers within that time period.  So what if they have?  When a client retains us, we routinely convey assets away and get them qualified in as little as two to three months.  Sixty months has no impact on determining when an individual qualifies for Medicaid, it's just a period of time to determine if they've given assets away.  If incomplete transfers have occurred over the 60 months, a client can get them back, and utilize other legally approved strategies to neutralize the impact of transfer.

Knowing the laws and rules is critical.  That's why the LWP Medicaid Calculation software is so valuable.  For every client fact pattern, it does the figuring for you.  It considers every variable in the Medicaid law of your state and compares them to every variable of your client's fact pattern. Artificial intelligence optimizes the planning strategy and timeframe to get the client qualified in the shortest period of time, protecting the greatest amount of assets.  Don't let your client suffer from the 60‑month syndrome; learn how to protect them now.  

If you aren't a Lawyers With Purpose member, and want to learn more about our estate planning drafting software, schedule a live demo by clicking here.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

 

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Actionstep: Boost Productivity, Streamline Workflow & Grow Your Revenue – TOMORROW!

Are you using so-called “Practice Management” Software in your law firm that seems to do everything BUT that?

Does this internal chaos leave you at the mercy of your staff?  Is everyone in your office constantly “doing their own thing” and handing files “their own way,” that would make it almost impossible for you to keep all the balls in the air and service clients if they suddenly quit, or got hit by a bus?

Bigstock-time-for-change-67475953Worse… are you sick and tired of:

…legal work falling through the cracks?

…constant interruptions from staff members who can’t figure out what to do next on client matters?

…piecemealing software and tech platforms together to meet your needs?

…wearing way too many hats in your law firm?

IF SO, we’d like to invite you to take a FREE demo of Actionstep– a fully automated and secure cloud-based practice management system that provides a complete snapshot of any client, anytime, anywhere for you and your team.

On July 29th at 2 EST, Dave Zumpano Esq., Co-Founder of Lawyers With Purpose, will host a live demonstration of this unique software that is unlike anything currently available in the estate or elder law industry. 

Actionstep handles every aspect of your practice—from marketing, to engaging clients, to practice management, staff workflows and client communications.  All in one place, accessible from EVERYWHERE via the cloud.

Dave will also share on this webinar how he is personally utilizing Actionstep in his New York law firm.  This is the first time non-members can get a look into the “backend” of his practice and his strategies for effortlessly boosting productivity and revenue goals for the firm!

To sign up for the webinar, simply CLICK HERE NOW TO RESERVE YOUR SPACE.  Webinar space is limited!

Can’t make the webinar?  Simply send an email to me at mhall@lawyerswithpurpose.com to set up a private demo!  We are happy to give you a tour.

In your corner,

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

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Considering a Vacation? Consider This!

No one is more excited about going on vacation than you.  Yet no one has more angst about taking time away from the office than you.  With proper planning, you can eliminate the stomach ulcers and last-minute marathon sprints to get everything done before you leave. Isn’t that what we tell our clients? “With proper planning….”

Bigstock-Happy-couple-on-the-beach-of-s-49742783This year has been the year of vacations for me.  In February, my family took its first winter break to go skiing. My children are five years old and I figured it was the best age to introduce them to the sport.  In April, we went to Arizona to enjoy the desert.  Then, in June, we went to the beach for a week.  That made three one-week vacations within six months. Last January, I was paralyzed at the thought of being gone so much.  How would the office make money in my absence? How would the work get done?

Knowing this was coming, I made three necessary changes to the structure of my office. 

  1. In December, I hired a full-time marketing associate.  With the financial goals the team set, it was imperative that the firm extend its efforts to get our name out there and have a greater presence in the community. 
  2. To help manage the increased workflow, whether I was in the office or on vacation, in December I also added an “of counsel” attorney who works in the office two days a week, meeting new clients and participating in all document signing appointments. That allows my office to accept more appointments and gives me an entire day to work on client files, since I am no longer doing the signings.  More importantly, when I am out of town, we are still making money because the attorney is meeting new clients while I am gone.
  3. In March, I promoted my government assistant paralegal to “manager” and hired another full-time paralegal.  The manager now supervises two government assistance paralegals, is the first-line review authority for all of their work, and prepares the first draft of any VA or Medicaid appeals. This automatically shifted my role into reviewing, not doing, and dramatically reduced my time working on files.

To accommodate the workflow, I hired additional team members.  Yes, overhead expenses have definitely increased. However, I never add a staff person unless the addition either makes the firm more money or creates more free time for me, or both.  When it does that, it is an investment, not an expense. 

What do you want more of – time or money? What kind of changes to your structure are you willing to make to achieve what you want?

To maximize productivity, we all need to take a vacation to rejuvenate.  Don’t skip it, just plan for it.  If you want to learn more about how Lawyers With Purpose can help you grown your practice and your revenue, join our Having The Time To Have It All webinar on Thursday, July 23rd at 2 EST.  Register now and reserve your spot today!

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation, Author of 47 Secret Veterans Benefits for Seniors, Author of Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit, Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC, Co-Founder of Lawyers With Purpose, Co-Founder of Veterans Advocate Group of America.     

 

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3 Time Concepts To Break Through Your Time Constraints

Many lawyers I coach complain they don't have enough time to get everything done.  Interestingly, I remind them the most successful people in the world have the same amount of time in a day as they do. How do they do it?  I've been practicing law for 20 years and the last 17 as a solo practitioner.  I've grown my practice from me and a secretary to a firm with over 20 employees, including five lawyers.  I can honestly say that's not for everybody.  I never expected it; it’s where I ended up. I will share the time-saving strategies I utilized to grow my practice. Join me in a one-hour webinar:

Thursday, July 23rd at 2:00 EST for our “Having the Time to Have it All – Three Time Strategies to Have a Practice with Purpose and Profit”

======== >  REGISTER NOW HERE

Bigstock-One-Two-Three-Numbers-On-Dice--36582055You don't have to have a large practice to succeed, but you do need to get control of your time so you have enough of it to satisfy all the needs of your practice and your personal life. Most lawyers I work with are being pulled in so many directions based on different marketing schemes of the individual organizations that recruit them. Many attorneys belong to multiple organizations, including one for estate planning, one for Medicaid, one for VA, one for special needs planning, one for asset protection, and yet another for tax planning. And then wonder why they don’t have time to keep up with it all. Don't get me wrong, each organization has value, but the challenge I've always found is there is always a lack of time to get it done.

Should you attend?  If you are struggling with a work-life balance, struggling with how to run a law "business," or feel you do not have enough time in your day to get all the work done, then this webinar will be a great use of your time. Click here to register for this special webinar.

In one hour, I will share with you the three key time strategies to have the time necessary to provide estate planning, elder law, asset protection, Medicaid, VA Benefits, special needs and tax planning all in the same time you have now.  I look forward to sharing with you. 

======== >  REGISTER NOW HERE

Hope you don’t miss,

David J. Zumpano, CPA, Esq., Practicing Attorney, just like you & Founder of Estate Planning Law Center & Lawyers with Purpose LLC

P.S. For the first time ever, I will be showing non-members the exact technology platforms and systems that I use to manage and streamline my practice.  Implementing what I’m going to teach you will not only save you a tremendous amount of time, but will finally help you lay a strong practice management foundation to take your business to the next level. Plus, YOUR STAFF WILL LOVE IT. Have them join you on the line!

======== >  REGISTER NOW HERE

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Do You Have The “Time” To Be An Entrepreneurial Lawyer?

A great question.  Many lawyers fail to see themselves as entrepreneurs. The truth is, solo and small practitioners are entrepreneurs, but most are not operating like one. So how should entrepreneurial lawyers think?  As a successful entrepreneurial lawyer, I have learned the Key Essential element to thrive is managing our time. 

Bigstock-Hourglass-6197878When you think of the most successful people: the United States, they get it all done in the same time we have; but they are using their time differently. Most attorneys I have worked with over the last 15 years struggle with having enough time to get it all done. 

That's why on Thursday, July 23rd at 2:00 EST, I will share real time effective strategies that have lead to my success.  It's called, Having the Time to Have it All – Three Time Strategies to Get a Practice with Purpose and Profit”.

In this one-hour webinar I will share the time strategies I utilize in my practice that grew it twenty-fold over the last seventeen years. I will also help eliminate misconceptions of time that hold you back from having the practice you're capable of having and keeps you working late night after night, day after day.

And, *for the first time ever,* I will be revealing to non-members the exact platforms and technology systems I personally use to manage my law firm, free up my time, and serve clients in a more efficient and streamlined way.  

Without a doubt, what you’ll learn on July 23rd is the “secret sauce” of my practice success.  With a few clicks of a button each morning, I can see what everyone in the office is working on, what’s outstanding, and what matters to handle in what order to meet my projected revenue goals for the month.  No more micromanaging and no more chasing my own tail each day. 

JOIN US on the line and let me show you what tools I’m using and how I’m making them work in my firm.  

Should you attend?  If you are struggling with work-life balance, struggling with how to run a law "business," or feel you do not have enough time in your day to get all the work done, then this webinar will be a great use of your time. If you are struggling with how to hire the best people and have inconsistent marketing and cash flow, this webinar is for you!  What is the opportunity?  Simply stated, the opportunity is for those attorneys who want to provide estate planning, asset protection, Medicaid, veteran's benefits, special needs, and tax planning to clients who need these services to protect what they've worked a lifetime to earn and to preserve the dignity they deserve.

What's required to implement the information will share? To become an entrepreneurial attorney you must have a strong work ethic, really enjoy what you do and be passionate about helping people.  You must also be a lifetime learner and really value relationships.  That’s it!  These are the essential elements that you’ll need to have on your calendar.  I will show you how you can and still get your work done.

Click HERE to register for this time saving webinar.  Even if you only utilize ONE of the three time breakthrough strategies, it will move you forward toward your quest to have the time to have it all. I look forward to sharing.

See you there,

David J. Zumpano, CPA, Esq., Practicing Attorney, just like you &, Founder of Estate Planning Law Center, & Lawyers with Purpose LLC

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The Wisdom of Never Giving Assets to the Kids

Invariably, in every workshop I have presented to clients over the last 10 years, I've been asked the question, “When should I give my house (or other assets) to the kids?”  My answer is quick, swift and with a smile: “Never. In fact, you never want to give anything to anyone you love.” 

Bigstock-Illuminated-light-bulb-in-a-ro-85128830That usually gets their attention and draws a frown – until I explain.  Giving assets to your children defeats the very thing the client is often attempting to accomplish. When I ask why they want to give their assets to the kids, the response 99 percent of the time is that they want to protect the assets.  I respond, so the way you protect your assets from your creditors and predators is to give it to your kids so those assets are subject to all their creditors and predators?  Who has more creditors and predators, you or your kids?  And then I get the blank stare. 

The key element when doing asset protection planning from general creditors and predators, or for Medicaid eligibility and long-term care, is to be properly informed of the options available.  Not only can transfers in assets to the kids subject your assets to risk by the kids' bankruptcy, divorce, lawsuits, and even your child's death, but it could have adverse income tax consequences.

Transfers to children are at a “carry over” tax basis to them; that is, they inherit the asset at what you paid for it.  This could be extremely detrimental in the case of highly appreciated assets.  In fact, it creates an income tax on sale that would not otherwise have been due, had the client held it to death and then transferred it to the children.  The key point is to know how to get the best of both worlds.

That's where the IPUG™ protection trust is so essential.  The Irrevocable Pure Grantor Trust™ allows the grantor to be the trustee, to benefit from the trust (to the extent they so desire while understanding the impact) and to be able to change their beneficiaries or any other provisions they desire.  This is very empowering to clients who traditionally believe once you create an irrevocable trust, you can't change it, you can't benefit from it, and you can't control it. 

In fact, you can do all three; it's just in how you do it.  The core distinction in an IPUG™ trust is that you must give up only what you want to protect.  For example, if you want to protect your assets, you must give up, forever, the right to own those assets.  But you do not have to give up the right to control those assets, manage those assets or even get the beneficial interest and use of those assets!  The most common way grantors benefit from their assets that they no longer can reach is by living in the house they have transferred to an IPUG trust, or by continuing to maintain receipt of the income and dividends from any cash investments or brokerage accounts in which they have put inside the IPUG™. Most people realize they don't really need the assets; they just need the income produced from them and want to maintain control. 

For those who do need access to their assets, they are not candidates for the use of the IPUG™, or any other protection trust. They would use a typical revocable living trust, which accomplishes their estate planning needs and can provide asset protection after death.  That's why you never want to give the money to the kids after you die either.  One of the greatest advantages seniors have is, after death, the ability to transfer their assets to their children in a trust that the children can control and benefit from any time they want – but creditors or predators can never invade those assets, for the life of the child!  This includes the government, lawsuits, divorces, bankruptcies, and even nursing homes. 

The money is flat-out safe. 

Why would anyone give anything to anyone they love when they can give it to an IPUG trust that protects it for them while they're alive and for their children for their lifetimes after they're gone. 

If you aren't a member of Lawyers With Purpose and want to know more about what we have to offer (which is tons of technical legal support) for your estate or elder law practice, register for our Having The Time To Have It All webinar on Thursday, July 23rd at 2 EST.  Reserve your spot today to learn more about creating the practice of your dreams.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

 

 

 

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When the Law Firm Makes Mistakes on VA Claims

I wish I could claim that I don’t make mistakes. I pride myself on my precision and attention to detail, so when I do make a mistake it pains me personally as well as professionally. However, mistakes do occur, especially when you are dealing with the amount of numerical data that your team does from identification numbers, dates, money figures, and account numbers, just to name a few.

I have experienced more than once the sinking feeling in my gut when I realize that I have committed an error. On two occasions, deadlines to file VA correspondence had passed – one was for filing an appeal and the other was for filing an initial application a month after the client expected us to.  In each case, it cost the client money, which meant that it cost the firm money.

Dwelling on the mistake will only make it worse.  After having realized that you made a mistake, what do you do next? Take these five steps!

  1. Bigstock-Erasing-Obstacle-49444895Devise a solution(s)
  2. Inform the attorney/supervisor
  3. Inform the client
  4. Implement the solution
  5. Learn from the mistake

Devise a Solution

For some, the first instinct may be to try to fix or cover up the mistake.  Let’s hope that is not you. The second inclination may be to rush directly to the attorney and confess. While there may be some situations when you should notify others in the firm immediately – for example, you neglected a deadline that is now four hours away – in most cases you should try to devise solutions to manage or overcome the error.  If you cannot personally discern a viable solution, then at the very least pull pertinent documentation or regulations to present to the attorney when sharing the problem.  Be aware that with some errors, there may be no solution other than to apologize and make it right with the client.

Inform the Attorney

After coming up with a solution or supportive documentation, it is a priority to inform the attorney or your supervisor. This is a difficult conversation to have.  For guidance on how to initiate such a conversation, refer to another Lawyers with Purpose blog post, “A Tough Conversation”. Although this is not an easy conversation to have, it is crucial to remain as professional as possible and to focus on resolution. There will be plenty of time to cry about it at home, if necessary. It is important that the attorney knows that you take such occurrences as seriously as he/she does and that you are committed to making things right.  The attorney may be livid at the situation, which can appear to be directed at you.  The anger or frustration should be minimized if you come prepared with solutions.

Inform the Client

After the attorney has been able to problem solve, before taking any action, the client must be informed about the problem and any possible solutions or consequences.  Depending on the type of error, the communication can be by email (i.e. we misspelled your father’s name on the VA application, we will send in a statement in support of claim to correct it); by phone (i.e. we didn’t file the application as soon as we told you we should, but we are filing it now); or by written correspondence in the mail (i.e. the appeal was due last week but we missed the deadline, so these are your options). 

Implement the Solution

After the client has had an opportunity to respond, the next step is to implement the solution or action plan that was approved by the attorney and the client.  Whatever the solution may be, act purposefully and diligently to implement it.  You can tell a lot about a person’s character by the way they handle their mistakes.

Learn from the Mistake

Finally, you must LEARN from your mistakes.  You may receive a note in your personnel file or even a reprimand.  You may feel unfairly punished.  Taking it personally will only paralyze you from moving forward.  Be proactive and analyze why the mistake happened. Were your systems or processes not followed?  Are there systems and processes that need to be added?  Was someone not held accountable when they should have been? By determining why the mistake occurred, you can then proceed to figure out how not to repeat it. If you don’t take this final step, then you just made a bigger mistake than the one that started you down this path.

If you aren't a member and want to learn more about how Lawyers With Purpose can help you grow your existing estate or elder law practice into the practice of your dreams, join us on July 23rd for our Having The Time To Have It All webinar at 2 EST. Space is limited so make sure you mark your calendar and grab your spot today!

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose. 

Jackie Bedard

Congratulations To Jackie Bedard, LWP Member Of The Month

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

Building a great team that's committed to our goals.

Jackie BedardWhat is your favorite LWP tool?

Moving to the cloud-based Actionstep system last year has made it so much easier to work from home and/or check in on things when I'm traveling.  I can even log in during an RMS meeting if I want to check a particular client's status if the advisor asks.

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

The LWP tools allow us to operate efficiently and in an organized manner.  Our clients and referral sources regularly compliment us on our organization and thoroughness.

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Welcome Kimberly Brannon, LWP Legal-Technical Trainer

Lawyers With Purpose is pleased to announce that Kimberly Brannon has joined us as full time Legal-Technical Trainer. 

Kimberly brings 11 years of experience in the practice of law in estate planning and elder law, and 5 years of experience running her own practice.  She graduated from the University of Georgia with a BA in Political Science in 1998 and received her law degree from University of Alabama in 2004.    

Headshot1Her role at Lawyers With Purpose is to assist members and their law firms with legal training and software support.  Kimberly is an Ambassador for the National Alzheimer’s Association.  In her advocacy for the Alzheimer’s Association, she has raised enough funds for research to be named a Champion for Alzheimer’s 3 times, and was proud to be a part of lobbying Congress to unanimously vote the Hope for Alzheimer’s Act into law. 

You can reach Kimberly for all your technical legal and software support needs at kbrannon@lawyerswithpurpose.com or by calling her directly at 877-299-0326 x 108.

Welcome Kimberly!

Roslyn Drotar, Online Marketing Strategist – Lawyers With Purpose