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When We Tolerate Good Enough

Bigstock-Team-Leader-31429847-300x225Hindsight is such a tricky thing. We’ve all dealt (tolerated) with the “good enough” employee. After a few weeks we start to see little hints. You find yourself explaining the same thing, over and over. Consistently talking them off the ledge when they are “overwhelmed”. They start calling in sick…when was the last time YOU took a sick day? Or the 1st flake of snow they say they can’t make it in because of fear the local weather channel is breathing into the community because the news is lacking anything of substance for the day.

Or maybe the signs aren’t that blatant, there simply is just something “off”. Like a chip missing or batteries not included. But you “muscle through” or start to question yourself because maybe your unrelenting standards or expectations are too high. It is only an “X” dollar an hour employee after all. Or you really start diving deep with justifying their personal situation or feeling responsible for their livelihood. The list drones on and on.

Nonetheless, when do you know your tolerating “good enough?” Let me introduce you to our star player, Marci Otts. Marci has been with LWP for 1 ½ years now. Marci experienced our baptism by fire training process that delicately includes consistently last minute changes and “emergencies.” Not long after finally truly understanding her role and goals, the head of finance quit. Marci stepped up and assumed the role of finance without an official training process. We then decided to rebrand the entire company, including the creation of a new website where 1,000’s of video, audio and word files needed to be moved in less than 1 week. Once again, Marci stepped up. In an organization of change and growth, the one thing you can depend on is constant change. And for an 8 follow through, that can be daunting!

The past 90 days have been challenging for all with rebranding the company, year end, the new year, etc. Last night, I received an email from Marci that pretty much sums up the difference between good enough and a team member whom is beyond invested in the not only the future of the company but making certain they are with you until the end.

“Can I say how amazing it is that I still think about work when I am at home, and in such a positive light! I wanted to write before I got back into work in the morning as it is really resonating with me at the moment. It is such a testament to our work when we receive feedback with such excitement and pride, I am floored by our members, and those that have chosen to push through their fears and own the future they are growing into. Just astounding. We are surrounded with such positive energy and it only reiterates that we are doing something so good and so true. I am so proud to be part of this organization. I see such a difference in those that chose their futures…whether at our retreat or during their coaching calls…we have a tidal wave of positive energy on our hands and it is my intention to continue to guide our members on this path! I want to take a moment as well to thank Dave, Molly and Victoria. I have been touched on a personal and professional level and I only see remarkable things in our future. You know you have truly found your place when you love the people you work with, the people you work for and the future you are creating is better than anything you ever could have imagined!”

So when do you know your tolerating the good enough employee? You see glimmers of the above stated email….daily. You see it within the 1st few weeks of them starting with you, and you see blatant evidence of it 12 yrs after them being with you. It really is that straightforward and simple. We just tend to complicate it by justifying how its not that bad. I have Marci’s message hanging right on my wall in my office to remind me the next time I get that feeling that so and so “may” not work out to choose the short term suffering route and move on to attract another superstar vs. good enough.

Molly Hall

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Get Specific With Your Marketing Goals

Bigstock-Success-target-16975154-300x225When you set goals for your marketing, make them specific! So, instead of saying “I’m going to meet with 35 new clients a month” say “I’m going to meet with 2 new clients a day, for four days per week = 32 new clients.”

Then share your goal with everyone in your firm. Let your receptionist, legal assistant, funding coordinator, associate attorney (aka – everyone in the firm) know. And begin your planning path to success on how your going to get it done, one step at a time. Have our team help you meet your goals by keeping track of your progress. It helps keep the goal on track.

Another thing, have fun with it. Offer an incentive to your team to help you reach your goal. For example, give the person in the firm that gets the most people into your workshop a Starbucks or iTunes gift card. Maybe the person with the most by the end of the week gets "Free Lunch Friday!" You’d be surprised how much people want to help and it can be fun! Or another thing you can do is have a team member look through your database and pick up the phone and get your clients to opt into your newsletter to keep up with the latest and greatest in the estate planning arena to all your respective referral sources. Offer the team an incentive to come together as a group and get it done in a certain time frame and then maybe work a half day Friday once the task is complete.

Another example of specific goals would be “I’m going to schedule 1 hour on my calendar every Friday afternoon to post three times to my blog next week” rather than “I’m going to start blogging.” If you just throw your goals out there without being specific and without sharing them with people who will hold you accountable, they will more than likely never happen. Be S.M.A.R.T with your goals…ALWAYS. Don’t underestimate that! Attainable and specific goals have a better success rate.

When talking with our clients that have success with their marketing they typically pull their team together, share their S.M.A.R.T goals and then implement a plan of attack, thrive and succeed. They empower their team to hold them accountable, and help make things happen! Being specific and sharing helps make them do-able, they become more realistic with support and less overwhelming.

Roslyn Drotar

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Lawyers With Purpose Member Of The Month – Matt Donald

Matt-donald-member-of-the-month-e1360725617974What is the greatest success you’ve had since joining LWP?

The greatest success I have had since joining LWP has to be, without a doubt, establishing relationships through synergy meetings. I have bankers, financial advisors, assisted living facilities, social workers and even Medicaid Office workers referring clients to me. Granted it takes a while to get these referral sources to provide clients (have to establish trust). By no means am I a salesman, but when I explain the PROCESS!!! we use and the follow through we offer, people are very comfortable referring their clients to us.

What is your favorite LWP tool?

This is actually a very tough question to answer because we don’t use anything else but the LWP tools. When I say nothing else, I mean nothing else. No retainer agreements, not an interview questionnaire, not even a separate design template. If I had to pick just one tool that is my favorite it would be the Estate Plan Audit sheet. It makes it so easy for us to use the Vision Clarifier because I can show the client exactly what plans cover what is important to the client.

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

LWP provides structure that we otherwise would not have. Its systems are purposeful and deliberate. LWP has allowed us to enroll clients, not just retain clients. LWP also provides the tools that allow us to focus our practice, track our clients efficiently, and provide the exact product the client desires not just push the client into a trust of our choosing.

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Stories Make Your Marketing Sticky

Bigstock-Duct-Tape-40205836-300x200I started my day last Thursday with a phone call from Riverside School District that “despite the events in the area, schools were in session.” I dropped my 7th grader off at junior high. Then, when I dropping off my 4th grader, the Principle was outside the school personally letting everyone know the campus will be closed – no one except children allowed.

I came home, turned on the news to find out that 2 police officers were ambushed 15 miles from my home and a manhunt was taking place after a series of events beginning the day before. All day long the police activity was endless. Helicopters in the sky, five police cars at a time zooming down the streets and highways with sirens on, 20 officers with guns drawn at the local gas station. It was nerve racking and I went to sleep that night with a heavy heart for the victims and police officer families out there in the thick of it, feeling thankful and blessed that I was safe in my home with my husband and three boys sleeping under one roof.

There was a manhunt right in my backyard and I didn't let my kids out of the house from the time they got home from school that day until they had to go to school the next day.

It's times like these that you realize the little things that are important. I was upset with my oldest that morning for not doing his best in school the week before and it affecting his grades. What was important to me now, was to keep him safe.

My neighborhood will be completely shut down Wednesday from 9-2 to support the funeral for the fallen police officer. The services will be at our local church and the procession will pass in front of my house with an expected 10 thousand supporters, high security, his wife and two kids – ages 10 and 4.

Of all the things that go through your mind when something like this hits close to home, one that pops up for me is how relieved I am that my estate planning is in order. I know that if something happens to me, my children are taken care of. It take some of the worry away knowing I have appointed guardians and have specific instructions on how I want them cared for and influenced – complete with dangling carrots to encourage good decisions, good grades, their faith, college, etc, as they grow.

This is something you do for your clients everyday. Your selling peace of mind and that is powerful! And this story is one that I can use to get people to see the value of estate planning. One of the best ways you can get a point across is by storytelling. Stories have stickiness. Your clients know you've got the legal technical knowledge to accomplish their goals, but they also want to know your going to help them in a way that they relate. When they listen through stories, it's easer to convert, and maybe they'll tell their friends.

Marketing should touch people in a way they aren't expecting for it to really stick. And then those touches that you make should continue over and over again until they convert. That can be difficult today because there is so much going on with tv, magazines, social media, the internet, emails, etc., so yes, you've got to get their attention! But once you've got it, you've got to do something to make it stick! It's not always about interrupting people with big full page ads, its also what you do after you get their attention and the stories you share in your workshops that bring them back to you. Stories can be remarkable because people listen and connect, and they may even tell some friends – and that's what will make your marketing sticky.

Roslyn Drotar

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Software Is For Lawyers, It Doesn’t Sell Trusts

LWPCircle-300x298Last week I spent three days with estate planning attorneys training them on what they were already masters at, Medicaid and asset protection planning. I was intrigued by the end of the three days how perplexed they were at how much they didn’t know. All of the options and variations one can have when drafting a trust or asset protection plan. Most notably however was the response when they were able to see for the first time how document creation software can be more than a trust drafting system.

For example, they learned how designing a trust with the client became a celebration and an experience as we walked the client through their lifetime and asked them the various questions of what they would want to have happen. The power of customizing at every single decision point was especially intriguing. But most exciting was the result of the design experience that created a highly customized trust that was part of a package that generated all the documents necessary for the plan that the client created.

Then, what shocked them even more was discovering how the software was merely the culmination of an entire education-based client enrollment system of teaching clients what they don’t know in a two-hour workshop, followed by revisiting the 15 major challenges in estate planning and comparing them to the prospective clients current plan to identify where all the holes were. Finally allowing the client to identify which of the missing issues were most critical for them to solve.

Their process once again culminated in choosing an estate plan or asset protection plan that was hand picked by the client, based on their needs, not on software the lawyer used. The beauty of it all came together when the attorneys learned how they could design a plan according to a structure which confidently allowed them to delegate the drafting of the trust to staff.

The excitement of these lawyers seeing drafting like this. And for the first time that they may not have to draft trusts and doing estate planning could be something far greater than just legal work, but rather a creation of documents that exemplify the client’s life and goals.

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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