The Most Important Part of Any Business System

You're probably familiar with the concept of IQ…maybe you've even taken a quick IQ test online or in the back of an in-flight magazine.

Many years ago, it was believed that IQ and intelligence were synonymous — that there is some sort of magic number that everyone has that can be determined by the right test, and that that number is a reflection of how intelligent they are. Even today, if you ask the average person on the street what intelligence is, the term “IQ” is going to come up more often than not.

Fortunately, these days we know better…as far back as 1983, a psychologist at Harvard named Howard Gardner proposed his theory of “multiple intelligences.” The idea behind Gardner's framework is simple — namely that intelligence takes many different forms, and that everyone's “intelligence” is actually a unique combination of their strengths across many different categories. Currently, Gardner has advocated for nine different forms of intelligence:

  • Musical – Rhythmic and Harmonic
  • Visual – Spatial
  • Verbal – Linguistic
  • Logical – Mathematical
  • Bodily – Kinesthetic
  • Interpersonal
  • Intrapersonal
  • Naturalistic
  • Existential

When you look at the list above, it's not difficult to come up with examples of what Gardner was talking about — history is full of people who achieved at the highest levels in their field, independent of what they may have scored on a traditional IQ test.

IQ wasn't related to Beethoven's successes…it was his musical intelligence. Michael Jordan's IQ had nothing to do with his ability to drive the lane or hit a jump shot — but he absolutely is gifted in the realm of bodily-kinesthetic intelligence. Margaret Thatcher would likely have scored well on a traditional IQ test, but you can also make the case that it was her inter- and intra-personal intelligence that helped her ascend to the top of her field.

So by now you might be wondering why I'm talking about intelligence on an e-mail to attorneys? It's a fair question, and the answer is actually pretty simple…

When you think about the examples I've given above, and the others that surely came to your mind as you read through Gardner's list, what do they have in common? They all benefited from an extraordinary fit between their gifts and the endeavors they chose to pursue.

So often you've heard me discuss the idea of systems, and how having the right system in place makes all the difference in your practice. Well, an important component in that is making sure that the people – the most important part of any business system – are a good fit with the responsibilities they have.

Take a minute now and think about your team — who is particularly gifted verbally? They have a way with words — are they getting the opportunity to leverage that talent for the benefit of your whole firm? What about your analytical thinkers? Are they getting the opportunity to solve problems and help things run more smoothly on a day-to-day basis?

LWP is hosting a three day event in Phoenix where we'll be talking systems automation and how you can leverage the right tools, systems, and the natural talents of your staff to exceed your revenue goals! And the beauty is that you are freed up to focus on the people (i.e., meeting with clients and power partners).

The Next Practice with Purpose Program is October 20-22 in Phoenix. Yikes, that's closer to “year end” than “New Year!”

We'll provide you with the road map — we'll teach you how you can use your natural gifts (and those of your team) to get more done at the office and get more time at home as well!

That doesn't mean that it's going to be easy, though…one of the benefits of attending an event like this with some of your most successful and forward-thinking peers from around the country is that we're going to challenge you to break through the roadblocks you're currently facing…to focus on what's really important in your practice…and to eliminate the distractions that take away from your time and focus.

That's our promise to you…that you'll return home with a clear vision for taking your practice to the next level. Taking the all-important first step is up to you - click here to register now. We fully expect that the program will sell out, and you don't want to be left without a seat!

To Your Success,

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

 

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The Truth About Your Future Employees

Interviews don’t have to be painful. Honestly. Most interviews are painful because of the quality of questions you are (or are not) asking. Most people are easily seduced by an impressive resume, so most interviewers ask the customary questions: “Why did you leave your last job,” “What are your strengths, weaknesses, etc.”  It’s pretty hard to raise any major red flag in this manner. 

Bigstock-Truth-Torn-Paper-52352908This morning I was supporting an attorney in conducting phone interviews for a paralegal position. In reviewing the candidate's resume, I was pumped – with her current company for 12 years, previous company for seven years and the bullet points describing each position were beautifully crafted to articulate leadership and self-direction. 

Ten minutes into the phone interview I was feeling so hopeful for the attorney. The candidate spoke of how she is financially free, house paid off, husband successfully running the family business. Sweet, I thought, the money conversation should go fairly smooth, since she’s not afraid to talk money and clearly is not primarily motivated by it.  “Fantastic”, I said, “You have such an impressive financial outlook. You’re leaving a company after 12 years and your husband and father are doing well running the family businesses.  I’m hearing that money is not a primary motivator for you; what about coming into the estate & elder law industry excites you enough to make an industry shift, if not solely for the money?”

An awkward long pause. And then LOTS of choked up tears. “I don’t appreciate you saying I am wealthy and spoiled,” she replied. “I take huge offense to this and I am hanging up on you now.” CLICK. Clearly I triggered something BIG for her.  It's amazing how people show their true colors when the questions have some heft and depth to them. It is very hard to have canned answers for how to respond. Google won’t come up with questions like these on the Top 10 Interview Questions lists.  I had never been so happy to be hung up on when I began to visualize how this gal would have handled the first challenging call from an upset, scared, confused baby boomer client who pushed buttons she didn’t even know she had.

To say the attorney was happy when I followed up with my notes is an understatement. The truth is very seldom revealed when we are asking safe, standard questions.  To request  a free copy of “The 5 Minute Phone Interview” script, please contact me at mhall@lawyerswithpurpose.com

If you are interested in attending our Practice With Purpose Program, register and reserve your spot today! This event always sells out and will teach you all you need to know to run an efficient and successful estate planning / elder law practice.  We look forward to seeing you in the room.

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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Where Were You On Independence Day?

I don’t mean in 1776.  Rather, just last week.  Where were you and what were you doing?  Almost everyone I know looks forward to the Fourth of July – especially this year since it was a three-day weekend.  In Atlanta the weather was great; cool in the morning and low humidity in the afternoon.  It was a perfect day for the common rituals of barbequing, spending time outdoors with family and friends, and traveling.  

But July 4th is actually just a date.  The true essence of the holiday is to celebrate America’s independence from Great Britain.  Seeking independence, or trying to maintain independence, can bring about struggle and strife.  The pilgrims had to journey long distances in small boats across vast oceans for freedom.  They then had to face natives and engage in a battle against the Red Coats.

Photo 1Our seniors and veterans define independence altogether differently.  Each day is a struggle to maintain independence when losing eyesight, hearing, or the ability to walk or drive.  When caring for a loved one whose health is declining, that person will try very hard to maintain independence. This can bring discord to the family.  Battles may ensue. 

Less than 100 years after the Declaration of Independence was signed, April 12, 1861, the Civil War began dividing a nation – both sides fighting for independent rights (the Union to free the slaves and make them independent and the Confederate to be independent from government scrutiny).  Georgia was the fifth state to secede from the Union on January 19, 1861, and heavily supported the Confederate cause.   I spent July 6, 2014 visiting the Historic Oakland Cemetery in Atlanta, Georgia which offers tours highlighting the notable events shaping Atlanta.  Thousands of Confederate soldiers are buried there, as well as 16 Union soldiers.  Visiting the cemetery was a reminder of all of the independence we have today because of the struggles our forefathers were willing to forge.

But, not to get lost in the remembrance alone, I also spent July 6, 2014 celebrating Independence Day listening to the 116th National Guard Band play patriotic music.  Each military branch has a band, although they are becoming smaller due to budgetary constraints.  Before long, we may only have memories of military bands playing for citizen celebration and morale.

Remember as you begin to “help” your loved ones who may be losing the battle of personal independence, that their lives and accomplishments are to be remembered and celebrated. Take a moment to recognize the strain but celebrate the person behind the cause.  When the battles are over and the memory is all that remains, make sure it is one you can celebrate with joy.

Victoria L. Collier, CELA, Elder Care Attorney, Co-Founder of Lawyers for Wartime Veterans and Lawyers with Purpose, Veteran, author of 47 Secret Veterans Benefits for Seniors and most recent book, Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit.  

 

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Special Live Webinar: Supreme Court Rules Inherited IRA NOT Protected

For the past two years you’ve been keeping your allied professionals and clients advised on the controversy between Federal district courts on whether an inherited IRA is protected from bankruptcy and other predators. 

Bigstock-Brown-Gavel-46632817For the past ten years, Lawyers With Purpose has taken the position inherited IRAs are not protected and have planned for their clients accordingly.  On Friday, June 13th, the U.S. Supreme Court in Clark v. Ramiker ruled inherited IRAs are not retirement accounts for purposes of protection from bankruptcy and general creditors. 

We are excited to bring to the LWP community a LIVE GoToWebinar of Dave presenting a live Lunch & Learn to his allied professionals on what the U.S. Supreme Court has ruled on Tuesday, June 24th at 12:00pm EDT.

In one hour you’ll get:

  • An understanding of the key holdings of the recent Supreme Court decision.
  • Learn the asset protection strategies available for inherited IRAs.
  • Know the four requirements for trusts to qualify to own IRAs without causing taxation.
  • Discover the "inside" and "outside" planning strategies we have used for years to protect inherited IRAs and provide clients with the maximum number of options at death to avoid the loss of an IRA to creditors and long-term care costs.

While many are surprised by the Supreme Court’s ruling, we believe working with well qualified, forward thinking estate planning attorneys, like you, is essential for your clients to protect their most valued asset.  Now let’s let your community and allied professionals know, and showing up for the GoToWebinar will get you the information you need to know to start that conversation.

Join us on Tuesday, June 24th at 12:00pm live via GoToWebinar. Click here to register now! We hope you can join us!

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How To Get In The Door With Nursing Homes – Getting Past The Gatekeepers

There's definitely an art to building a successful nursing home marketing plan, and a recent Marketing Roundtable we had with some successful members on the subject revealed some valuable advice. If you missed the first post on this subject, you can find that by clicking here.  This post deals with how to respond to resistance and rejection when you're trying to get in the door.

A lot of people get hung up on what to do when the nursing home receptionist puts up a stop sign. Do you shrug your shoulders and move on to the next place?

Bigstock-Blue-Door--Very-High-Definiti-1429912Many times, your next course of action should be to figure out if the facility has a marketer or an admissions person; often it will be the same person serving both roles. That person's job is basically like our job, trying to create new relationships, so if you can’t get through the door from outside, the marketing/admissions at person can provide you with another path. They know you can actually be a source of referrals for them when clients come to you before they're in a nursing home, so they see the value in forming a mutually beneficial relationship. You can often use that relationship to get to the business office manager or the administrator.

One approach to consider – the marketing people are always trying to do something in the community, maybe by sponsoring a luncheon or CEUs or something in the hospital.  You can partner with them on these ventures by sharing costs or doing an informative presentation at the event.  You'll just need to keep in mind your goal of establishing a relationship with the business office manager, because that's where your referrals will come from, not from the marketing person. So don't keep partnering on these events if they're not getting you to the right people. 

Why the focus on business managers? They’re your biggest opportunity – once you’re in and they see what the benefit is, how you can help them, they’ll put you in front of the administrator. Then you can have your synergy meeting and form that relationship with the administrator.  Honestly, the administrator just wants to make sure everyone else is doing their job and it’s getting done right.  Once you've established your value, from that point on, they see you there.  They know who you are.  They don’t want some stranger walking through their building and walking into their back office.  They want to know who that person is, so eventually you'll have to get in front of the administrator. 

Approach the business office and say, “I can set up a lunch-and-learn with you guys.  Bring in the key staff.  Bring in the administrator.  We’ll bring in lunch.  If anyone has questions, throw them at us.  We'd be happy t share with you all how we do things.” Inevitably at this point, you will get asked what you charge. And be honest; just tell them what the costs will be. But let them know, we’re going to show you the value of our service and what it's going to cost your client. The process will be transparent to you, so you’re not going to have to worry about a black hole or a non-payment because we’re going to make sure everything falls into place at the deadline just like we said it would happen.

You're probably wondering, how many times should you try to get through to this business office manager before you decide to move onto the next place? We usually give it about three attempts.  If you just don’t get anywhere, or you get some pushback or see materials from other attorneys or other senior financial places, then they probably have a existing relationship with an elder law attorney. That's when we go back to the admissions person or the marketing person. Work that angle again, because they’re just much more accessible and can help you get back into the business office. Once you've formed that relationship, you will have a strong advantage over someone else who has tried to get in the door by just dropping off a business card.

We will have more to say on this subject in future blog posts, so be sure to check back for the next piece soon.

Roslyn Drotar – Coaching, Consulting & Implementation, Lawyers With Purpose

Your Legal Hour – March 3, 2014

Welcome to Your Legal Hour!

This week’s topic is Trust Design.

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

Supporting Materials from This Session

Supporting Materials from Prior Sessions

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Five Easy Steps To Get Clients To Respond To Funding Requests

Strategic Outsource Services, LLC provides estate planning and elder law practices with an alternative to the costs of full-time employees. Outsourcing gives you the opportunity to cut costs and free up more time.  Founder, Susan Dachs, has years of professional experience supporting law firms with trust funding. 

Today Susan joins our blog and provides "Five Easy Tips to Get Clients to Respond to Funding Requests:"

Bigstock-Green-tick-sign-icon-d-40989001During my many years working with clients to get their trusts funded, I have learned a lot about getting them to respond to my funding requests. Here five easy tips that will help:

1.     PICK UP THE PHONE!  I can’t say this enough.  You have a much better chance of getting the information from your clients over the phone than you do if you expect them to open your letter or email, go find the info you asked for and then reply to you.  Life will get in the way every time, and your request will get lost in the shuffle.  If you need an account number or a value of an account, pick up the phone, call them and ask them to set the phone down and go get you the info.  Your client will be happier because you made it easier for them, and you will save time, frustration, letterhead, envelopes and postage!

2.     Get all the info together ahead of time.  Put in the extra time and effort to get all company-specific forms together in ONE package for the client.  Many law firms, because they are pressed for time, simply prepare law firm instruction letters for the client to sign and then wait for the companies to reply with a request for their specific form.  This creates a constant stream of additional paperwork for the client to sign and return to you.  Not only does it slow down the process, it frustrates the client.  Start a file of company-specific forms.  Put in the extra time and effort to call in advance and obtain any forms you do not have so you can then have the client sign everything in one shot. 

3.     If you mail something to a client to sign, put a sticky note OVER the signature line if a notary or any other signing method is required.  I can’t tell you the number of times a client sees a Sign Here tab and signs away, without reading your note to have the signature notarized.  If you place your note OVER the signing line, it forces the client to read it before signing.  Simple, but effective.

4.     Be specific!  If you send a request to a client, be very specific about what you need.  For example, rather than sending a reminder letter to a client saying “please forward us any mail you have received from your financial companies,” ask them to “please forward to us any mail you have received from Fidelity, Charles Schwab or Smith Barney – we are waiting for information from them.”  Specific company names stick and resonate with a client when a general request doesn’t.  A client is more apt to think “Aha! I DID get something from Fidelity the other day” rather than setting your letter to the side to “check into it later.”

5.     Always use a local contact.  If your client has a local contact or advisor, that is who you should go through for the funding request.  The local advisor is often listed on the financial statements, or you can directly ask your client.  Even if the advisor instructs you to mail items to the regional office, you can always contact them again if you are not getting a response.  Advisors want to look good and provide good service to their clients.  Helping you is a great way for them to show their clients their value, and it makes your law firm look great too.  So, you are subtly marketing at the same time. 

Strategic Outsource Services uses a specific funding process called The Pit Bull Funding Follow Up System™ that produces quick funding results; however, these five tips alone will help you get clients to respond to your requests even within your current funding process. 

If you simply don’t have time to properly handle your firm’s funding, contact us to discuss outsourcing your funding to Strategic Outsource Services.  We typically complete funding within 45 days for a pre-determined price, so no matter how much follow-up is required to complete a file, your cost stays the same!  Get more information about our services at www.outsourcesolution.net.

Blog post contributed by Susan L. Dachs, Director of Operations of Strategic Outsource Services LLC.

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March 2014 Member of the Month – Cole Bormuth / Cody, WY

Cole-bormuth-member-of-the-What is the greatest success you've had since joining LWP?

Our greatest success so far has been in recognizing some operations and processes that need to be broken in order to be put back together in better condition. We're still very much in the process of breaking things; however, after having been in estate planning practice for 20 years with a firm that's 40 years old, it's a slow ship to turn.

I'm also tremendously excited to include Medicaid planning in my practice. I believe that this will be not only a crazy-popular tool to get clients in the door and build a consistent stream of income, but also a wonderful way to help folks plan for their children and successive generations. I agree wholeheartedly with Dave’s comment that preserving assets is almost more important to the client who has $500,000 than it is to the client who has $5,000,000. Spock would say that it’s an exceptionally logical choice to include in the estate planning discussion.

What is your favorite LWP tool?

I very much like the Revenue Focuser exercise, but I confess that the productivity focusers (the Daily, Weekly and Monthly Focusers, the Idea Focuser, etc.) have honed the way that I plan my days like no tool I have ever used before. These are exactly as advertised – they focus me on what I'm supposed to be doing, what I need to be doing, and when I need to plan for projects to be available. I have found that I'm much more productive when I have the productivity focusers setting out my goals; I may not complete everything, but I do a lot better if I've decided on something to achieve.

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

LWP™ has offered so much more than drafting software, legal/technical advice toward Medicaid planning – just the practice management coaching has been worth the price of admission! Guidance toward defined team roles, too, has been extremely helpful. I'm still a very new member, but I can already see myriad ways in which LWP™ has impacted my practice and helped me work toward a much more efficient operation.

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Financial Abuse of Elders & Other At Risk Adults – Part Seven

The Crime of the 21st Century

The federal Older Americans Act mandates the establishment of a Long-Term Care Ombudsman (“LTCO”) program in all 50 states and the District of Columbia.  (The term “ombudsman” is Swedish for “citizen’s representative.”)  The LTCO is “dedicated to enhancing the lives of long-term care residents through advocacy, education and resolution of resident complaints, including those related to abuse, neglect and exploitation.”

See NCEA site at http://ncea.aoa.gov/Stop_Abuse/Partners/LTC_Ombudsman/index.aspx

Included in the scope of long-term care facilities subject to LTCO oversight are the following. 

·      Skilled nursing facilities (“nursing homes”).

·      Assisted living facilities.

·      “Board and care” homes (often referred to as “personal care homes” or “host homes”).

·      Intermediate care facilities for those with intellectual disabilities.

·      Other community living arrangements (e.g. group homes).

Bigstock-Abusedpiggy-6651443See National Long-Term Care Ombudsman Resource Center website http://www.ltcombudsman.org/about-ombudsmen.

The LTCO program is usually operated under the auspices of the “State Unit on Aging” or local “Areas on Aging,” which are part of the “Aging Services Network” mandated by the Older Americans Act and developed by the U.S. Department of Health and Human Services (“HHS”) Administration on Aging (“AoA”).  In April 2012, HHS established the Administration for Community Living, which consolidated the AoA, the Office on Disability, and the Administration on Developmental Disabilities. 

Complaints to the LTCO may be initiated by a call to the State Unit on Aging, the Regional Area Agency on Aging, or State LTCO Office, by either the resident herself, or on behalf of the resident by a friend, family member or other third party.  The NCEA maintains a database of all state LTCO contacts (state, regional and local), which can be accessed by calling the Elder Care Locator service at 1-800-677-1116 during regular business hours, or by visiting http://www.ltcombudsman.org/ombudsman.  Residents can also initiate a complaint in person when LTCO staff make periodic site visits to the facilities in their jurisdiction. 

Complaints of residents are informally investigated by LTCO personnel and resolved, if possible, by informal techniques such as mediation, conciliation, and persuasion.  If the complaint is not resolved informally, or if the nature of the complaint is so serious that it requires the involvement of a regulatory agency or law enforcement (e.g. alleged physical or sexual abuse or licensing violations), the matter is referred to the appropriate agency for formal investigation and resolution.  LTCO staff will engage in the necessary follow-up to assure that the formal investigation proceeds towards resolution of the resident’s complaint. 

All complaints lodged with the LTCO must be kept confidential, unless the resident authorizes the release of her name.  It is against the law for a facility to retaliate or discriminate against a resident for making a complaint to the LTCO.  Any person who makes a complaint in good faith is protected from civil and criminal liability.

In addition to the largely voluntary nature of many complaints lodged with the LTCO by, or on behalf of, residents of long-term care facilities, state law provides that certain persons having reasonable cause to believe that a resident or former resident has been abused or exploited while residing in a facility are mandatory reporters of such abuse or exploitation. Such reports are directed to be filed with the state Medicaid program and an appropriate law enforcement agency or prosecuting attorney. 

State law typically precludes public disclosure of the identity of the resident, the alleged perpetrator and the reporter unless required to be revealed in court proceedings, or upon the written consent of the person whose identity is to be revealed, or as otherwise required by law.  Retaliation or discrimination against a mandatory reporter is also prohibited.

Part 8 of this series will discuss several other legal resources for addressing alleged elder abuse.

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.

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No Impending Look-Back For VA Pension

The Veterans Pension Protection Act, Senate Bill 1982 (which has been many different bill numbers and under other titles) did not obtain the 60 votes necessary to pass on Thursday, February 27, 2014.  What does this mean? 

The bill, under the auspice of promises to “fix” the backlog of Veterans Benefits Disability Claims (service connected claims and appeals), also included a penalty period for non-service connected wartime veterans who apply for the Improved Pension with Aid and Attendance benefit if the claimant gives money or assets away before or after applying for the benefits.

Bigstock-Do-Not-warning-sign-bitmap-co-13936895If the bill had passed, the VA would be mandated to ask claimants if they had given any assets away up to three years before the application filing date, or any time after filing an application. If so, the claimant would not be eligible for the Improved Pension benefit until the “penalty” period for the value of the transferred gift had expired. The calculation of the penalty varied depending on whether the claimant was the veteran or the widow, or whether married or single.

Under current laws, the VA is permitted to disregard the value of any gifts to persons who live in the same household as the claimant or when the claimant retains any control or beneficial use of the asset, thereby not effectively reducing their net worth.  On the other hand, when a claimant transfers money to a person or specific type of trust now, the VA cannot count it toward the net worth calculation unless the gift violates the two rules (1) transferred to a person in the same household or (2) maintained ownership or control. 

While the issue may be at rest during this legislative session, be assured that it hasn’t died and will be proposed in one form or another next session. For up to date information, continue to follow the Lawyers for Wartime Veterans blog and like us on Facebook.

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