(Shhhhh…..) Client vs. Lawyer: TMI

January 29, 2016

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Systems & Processes VA

The best way to illustrate the topic of this post is with the following joke:

A man is flying in a hot air balloon when he realizes he is lost. He reduces his altitude and spots a man in a field below. He lowers the balloon toward the man and shouts to him, “Excuse me, can you help me? I am late to meet a friend, but I don’t know where I am.”

The man below says, “I’m happy to help. You are in a hot air balloon, hovering approximately 30 feet above this field. You are between 40 and 42 degrees N. latitude, and between 58 and 60 degrees W. longitude.”

After a brief pause, the balloonist declares: “You must be a lawyer.”

“I am” replies the man. “How did you know?”

“Well,” says the balloonist, “everything you have told me I am sure is technically correct, but I have no idea what to make of your information, and the fact is I am still lost.”

The man below responds, “Indeed. And you … you must be a client.”

“Why, yes, I am,” replies the balloonist, “how in the world did you know?”

“Well,” says the man, “you don’t know where you are, or where you are going. You have made a promise that you have no idea how to keep, and you expect me to solve your problem. The fact is you are in the exact same position you were in before we met, but now it is somehow my fault.”

(From http://www.milwaukee-business-lawyer.com/my-favorite-lawyerclient-joke/)

Funny, right? But how true! Most of our clients and their families come to us for answers or solutions in the form of information, but sometimes the very information for which they pay us, and that they desperately need, is the source of much frustration and confusion for them. Why is that and what can you do to remedy the situation? One of the most common issues that may occur when relaying information to a client regarding a VA claim is giving too much or too little information. You can also have problems if you do not time the release of information correctly, or worse yet, give out the wrong information.

Some of this is undoubtedly beyond one’s control. For example, gauging the amount of information that your client is going to expect and want has a lot to do with that individual’s particular personality or social style. You can often tell from initial contact if your client or client’s family is going to participate actively in their planning and the application process versus how much they want you to just take care of everything and leave them out of it. Thus you may have to adjust your response and the amount of information you provide to meet individual needs on a client-to-client basis. As a good baseline, resist the urge to discuss how the sausage is made. I actually prefer clients who are engaged in the process and seek to comprehend the information they are given. Clients like this can be strong allies in the process of getting a VA claim completed and filed, as well as great referral sources because they appreciate how much work is entailed.

However, regardless of what the client may want, there is obviously a lawyer’s duty to the clients to keep them informed concerning their representation. Per the Preamble of the American Bar Association’s Model Rules of Professional Conduct, a lawyer's responsibilities include the following: “As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. . . . As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.” At the very least, someone in the family has to be made aware of the most basic information regarding the legal services you are performing for them: what you are doing, what is happening next, and what to do if circumstances change.

While you can’t always choose the personality of your client, factors like bad timing of information or giving out wrong information are largely ones that you should be able to control. By bad timing, I mean giving information when it is not required at that particular moment. This could be as simple as explaining the VA appeals process when you haven’t even filed an “Intent to file claim” form yet. It could also be giving necessary information too late to be of use. The best way to avoid either is to anchor back to your VA process and advise and inform your client at every major step as to what you have just done and what to expect next. Also systematize what information should be given at each stage using client handouts, correspondence templates, etc., so the client receives the information when needed and not afterwards. While there is no problem with giving the client an overall summary of the process, avoid giving too much information for future stages in the process that may in fact never occur.

The problem with giving a client the wrong information should be self-evident. The rules and laws impacting VA eligibility can be complex, but there is a wealth of resources online, including original sources like the Code of Federal Regulations and the VA Adjudication manuals, both of which are available at the VA’s Web Automated Reference Material System and which should be consulted regularly to ensure the accuracy of what you are telling your clients. Organizations like Lawyers with Purpose are also indispensable for the support they provide in the form of legal/technical learning opportunities and a network of colleagues facing the same challenges who are ready to answer your questions or act as a sounding board for your daily dilemmas. If you choose to make the time to use the resources available, you can ensure that you do not make the mistake of giving the wrong information.

Are you interested in learning more about the Lawyers With Purpose Estate Planning Trust Drafting Software? If so, click here and we'll hop on a call with you and show you how it works first hand! We think it's the best thing out there and are confident you will too after you see it for yourself. Click here now and we'll take it from there and start walking you through the difference it will make to your estate and/or elder law practice.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services 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; Co-Founder of Lawyers with Purpose; and Co-Founder of Veterans Advocate Group of America.

Congratulations to Churchill Law Office, Lawyers With Purpose Member of The Month!

January 29, 2016

by Roslyn Drotar with No Comment Coaching & Implementation Systems & Processes Team Building

Churchill Law Office answered this from a team perspective, not an attorney perspective. We think it's awesome! What do you think?

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

Maintaining a successful firm even after crisis occurred when the Attorney was in a car accident. A large portion of our success is the Actionstep platform and having the technical knowledge within the office to program and automate everything and staying in the black!

What is your favorite LWP tool?

This is a cop-out, but they are all amazing in that they have assisted us to maintain even in crisis. The way the stories tie to the Estate Plan Audit, and then the Vision Clarifier have been a massive support in reminding clients of their goals in follow-ups.

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

Being able to call for help. The greatest example is one, Nedra’s constant ideas, two, Candace’s drive to move forward, and most of all, three, without Molly “encouraging”, e.g. “do it”, with regard to us doing Vision’s without the Attorney, we would have had to close the office after Debbie’s accident.

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

Beth is a very experienced database and lean management trainer! Beth is a bit of a recluse.

Melissa worked for 14 years in daycare and this is her first office job and has surpassed any assistant we’ve ever had in the office. Melissa is a HUGE prankster.

John has extensive experience in programming and automates everything in Actionstep beyond its basic programming. John has played the piano for 30 years.

Debbie is a successful attorney with a secret passion for beading! She makes most of her own jewelry.

Terry is retired, and was an instructor helicopter with the Guard before joining our team. He makes a mean chocolate chip cookie for the clients.

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

John – Technical programming books. It has advanced his piano recording and office efficiency.

Melissa – To Kill a Mockingbird – It makes her sound more sophisticated when asked what her favorite book is.

Beth – Machine that Changed the World – Has simplified her life both at home and work through lean management.

Debbie – The Biology of Belief – Helps her to grow spiritually.

Terry – Killer Angels – Loves history and it a great portray of struggle, honor, and patriotism.

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Top Paralegal Resolutions For 2016

January 18, 2016

by Lawyers With Purpose with No Comment Systems & Processes Team Building

Some of you have probably already made – and broken – your New Year’s resolutions for 2016, to include common personal ones like losing weight, doing more exercise, eating better, and quitting bad habits. However, consider making and sticking with some work-related resolutions as well as personal ones to keep you on track professionally. The following list from the paralegal perspective, but it can be applied to any position in your law firm.

FOCUS – January is the time to revisit time templates or to resolve to go back to good habits allowed to lapse, like using planning organizers. Lawyers with Purpose provides you with time management tools as well as a range of focusers, including those for daily, weekly, and monthly planning. Make sure your time template has time devoted to planning each and every week. Time spent planning will be repaid in increased efficiency and goal attainment. Every year I make myself a New Year’s gift of a great calendar as a reward for planning ahead. This calendar can be paper or digital, whatever your preference.

EDUCATE – Plan and prepare for further career development by identifying where the gaps in your knowledge and experience are, and deciding how to go about filling those. Or perhaps you want to hone part of your existing skill set. The mind, like many other tools, needs to be kept sharp to work at its best. Lawyers with Purpose offers you various ways of keeping informed and educated, including ListServs for BOTH the attorneys and their team members, blogs, and webinars on the event calendar. There are also the Tri-Annual Practice Enhancement Retreats (TAPER), which offer legal-technical focus sessions in addition to firm planning and personal development.

CHECK IN with your goals and/or set new ones. It’s been roughly three months since TAPER in Phoenix, so it’s the midpoint of the period during which many of you resolved to implement some projects. Have your efforts lost steam? This is a great time to reassess derailed projects and set tasks to get them back on track. If you did not attend the last TAPER event, now is a great time to set new goals. There are tools on the LWP website that you can use in your "Brainstorming Sprints", as well as project focusers like the "Money Plan" and "The Implementation Focuser".

RENEW your commitment to the system. Have you been so busy doing the work that you haven’t had time to do the necessary data input crucial for tracking? Regardless of what file management system you may use or whether you are still using paper files or have gone completely digital, attorneys must allow time for their team members to perform all the file maintenance required. If you don’t schedule regular maintenance – just like a car – the engine starts to run rough and may stall. Remember, it may just take 10 minutes to make a phone call, but it can take 5 minutes more to document the phone call, potentially mark a task complete and then schedule a follow-up task. In a typical work day for the law firm, I spend easily an hour of my time on file maintenance alone – adding file notes, scanning and uploading documents, marking tasks done, scheduling follow-up tasks, updating status of file in workflow, linking emails. It is this maintenance that permits you to track the work being done in your firm and hold team members accountable. Pull up your reports and identify where clean up must occur and schedule time on your template to chip away at any overdue file maintenance.

Finally APPLY the 4 D’s of time management – delete, delay, delegate, and do – to any and all of your lists and/or piles in your office. There are variations of these terms, so feel free to adopt the version that makes the most sense to you and your job responsibilities. With this strategy, you review incomplete tasks and decide whether you are going to delete, delay, delegate, or do the task. If a task is no longer important or relevant, or perhaps is already done, can it be deleted? Or you may have a task that you would like to do one day, but it can be deferred or delayed to a later time. Don’t lose sight of this task by adding it to a focuser reserved for remote future planning. Meanwhile, delegate those tasks that can be done by someone else, preferably someone who can perform the task better than you could. Finally, whatever is left over, you do. These might be tasks that can be done in 10 minutes or less and just need to be completed, or they may be tasks of higher priority that need to be scheduled immediately.

These five recommendations are my professional resolutions for 2016. By focusing on planning, scheduling time for education and training, checking in with previously set goals, renewing the commitment to your file management system, and applying the 4 D’s of time management to any pending matters, you can reboot your system, so to speak. I invite you to join me in resolving to start the new year with a fresh beginning – professionally and personally. Happy New Year!

If you want to learn more about becoming a Lawyers With Purpose member and what we have to offer your estate or elder law practice, join us this Friday, January 22nd for a FREE webinar "How You Can Have the Business, the Income and the Life that You Once Dreamed About When You First Started Your Practice. Click here to grab your spot today.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers with Purpose.

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Are You Power In Partnership?

December 8, 2015

by David Zumpano with One Comment Coaching & Implementation David J. Zumpano Systems & Processes

Many years ago, a system designer worked side-by-side with me for three years to design all of the systems and processes that are now known as the Lawyers with Purpose law practice management system. Interestingly, over the course of those three years, this systems analyst discovered another system, a system of how I operate personally. In fact, he was so befuddled by it, he gave it a name: Power in Partnership™.

As the consultant and I worked together and he picked my brain as to how I know what I do when I do it, he identified all of the standards that make up the systems that operate a solid law practice system for an estate planning attorney. It was interesting, however, one day near the end of our project, when he looked at me in amazement after I had recommended a solution to a problem and said, “You know, you always do this.” To which I responded, what? “Every time a challenge comes up you seek to understand the need, to identify solutions, and then you work with me to solve it.” He continued by saying his experience in working with me for three years was impactful. “It always feels like we're accomplishing something and it always feels like we're both meeting our needs.”

But this isn’t about me, it’s about the standards he identified to be an individual who lives by a “Power in Partnership” mindset. He continued on to say, “You know, we have spent so much time creating the system about how to run an estate planning practice, I think what I've hit on here is a whole way for someone to operate their life. I want to call it Power in Partnership.” I looked at him with intrigue and we began to design our final system – what it means to be a Power-in-Partnership-minded individual.

In its final form, someone is Power in Partnership if you are willing and able to get behind the needs of another person and work wholeheartedly to help that individual achieve their goal, need, or objective. I have found countless people who are generous in helping others, but it was the second part of the definition that distinguished a Power in Partnership mindset.

Let me continue. The second half of the Power in Partnership definition continues with the word “and, you are willing and able to enroll the other person into your need and make sure they are able to help you accomplish your goal, need or objective.” Wow. That's where most people fail. They are so good at helping other people with their needs, but they sell themselves out in the process. They fail to set proper expectations and in the end can often fail in their attempt to be generous because there was no “agreement up front.” This is so counterproductive and disheartening.

The consultant working with me defined it by having an approach to meet others' needs that was always followed up with an approach to get the other to ensure that they work within your standards and guidelines. That way, if either party doesn’t, the other can hold them accountable to the agreement to get the intended result so that it's a win/win and benefits the world. That's Power in Partnership! That is the foundation from which all Lawyers with Purpose operate. We are willing and able to get behind the needs of our clients and help them accomplish their goal, need and objective, and we are willing and able to enroll our clients in our needs to ensure they help or support us to get our goal, need or objective accomplished. The key distinction here is we. That is, we must be responsible to enroll ourselves in their need and we are responsible to enroll them into ours. People are not ordinarily wired this way and do not automatically presume to meet your need, nor do they presume that you will meet theirs. That's why Power in Partnership is such an amazing model that leads to great contributions and solutions not otherwise attained.

Are you Power in Partnership? Join Lawyers with Purpose and discover how to begin living a Power in Partnership life. If you would like to know more about what we have to offer you in membership, join us on Friday, December 19th at 2 EST for our FREE webinar "The Most Profitable Planning You'll Ever Find: For Year End and year Begin". Space is limited to reserve your spot today!

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

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Practice makes progress

November 16, 2015

by Molly Hall with No Comment Coaching & Implementation Systems & Processes

Most people dread Monday mornings, but I get excited waiting for them Sunday evening. My favorite yoga class of the week is on Monday mornings, and I can always count on my teacher, Kristen, to start the week with a bang. She never disappoints. There is always a theme that seems to be perfectly crafted for work I have on deck for the week.

And for the past seven years, my clients and my work are the beneficiaries of my Monday morning sessions.

Last Monday the theme was, “practice makes progress.”

It’s a great line that hits the nail on the head regarding how to approach learning: “practice makes progress.” It plays on that old phrase that has made students of any discipline uptight for centuries. It puts the emphasis on practice instead of perfection, which we all know is evidently indefinable.

Progress comes when you start feeling like it’s Groundhog Day again. When you’re just feeling like a pack mule – regardless whether the money is there or not. You’re working harder, not smarter, or maybe smarter and not harder but the passion (fun), purpose (I should just go get a job) and stretching (creativity) are missing.

Like clockwork, I hit my first Monday morning call and, lo and behold, it’s to review the Revenue Focuser™ with an LWP firm that has been with us for years. This isn’t their first Revenue Focuser, and quite honestly, they were annoyed I made them do this. They knew their monthly nut, and they knew what needed to occur to get there. This isn’t their first rodeo.

The teachings of my “practice makes progress” class provided the perfect background music.

Had we not had that call, they would have abandoned an enormous revenue opportunity that they previously rejected because they tried it and it didn’t work. They tried it for one month, without the proper staff, resources or marketing message. They didn’t practice it long enough to witness it working or not working and make 2 millimeter shifts. They didn’t practice long enough to know if there could have been any progress.

We also found another area they kept investing in, but they weren’t implementing the LWP tracking system to measure the efficiency factor and determine whether they were making progress in that area – they just had a feeling that they were; everyone on the team swore they were. When I ran them through the efficiency factor, a giant NO came up. Roughly 45 minutes into the call, they all agreed to eradicate it from the business. They only had one open file 10 months in.

They also had no practice to know what their fees should look like. They never practiced, they just went off what the guys down the street were charging. I promised them if they powered down and invested the time into completing a Revenue Focuser, they would have a breakthrough. They got three. Not a bad return on their invested time.

If you don’t have time chunked out on your calendar to complete the LWP Revenue Focuser, now is the perfect time to schedule 90 minutes in preparation for walking into the “New Year” in just 6 weeks from now. That will enable you to send your completed results into your CCI coach to review on your December call to ensure that you hit 2016 with clarity and confidence.

If you’re an LWP member, you can find the Revenue Focuser on the members site under the "Firm Resources – Money Management" tab.

If you’re not an LWP member, you can download the FREE virtual workshop by clicking here.

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.

Seeking Congressional Assistance to Get VA Claim Approval

November 10, 2015

by Lawyers With Purpose with 3 Comments Asset Protection Systems & Processes VA

What is Congressional Assistance?

It has been “X” months since you filed the VA formal claim, and your sole correspondence from the VA consists of periodic form letters apologizing for the delay. Your calls to the VA inquiring about status reveal only that the claim is still pending, but your client is getting exasperated hearing that the average processing time for approving VA claims is less than “X” months.

Congressional assistance is when a private constituent requests a member of Congress to inquire on their behalf in the administrative proceedings of a governmental agency, in this case the Department of Veterans Affairs. The purpose of doing so is to force the VA to pull a specific claim from their backlog and expedite it. The actual result is not always that, it seems. There are reports of success from various internet forums dedicated to veterans’ benefits – people who swear that, had it not been for Senator So-and-So, their VA claim would never have been approved. But there are even more grumblings on the same forums that such congressional inquiries merely elicit a form letter, and then your file returns to the backlog BUT at the end of the queue. This is horrific enough to scare you off from considering making any such inquiries, but at times of sheer desperation it can be a tool to make the VA respond, or to be able to get a copy of a VA response. Then sometimes a client’s family will demand it because apparently it had been done successfully by their hairdresser’s brother-in-law’s grandfather. Therefore, you should be aware of the option of requesting congressional assistance with a VA pension claim, how to do it, and when it may be appropriate to do so.

How do you file a Congressional?

First, you need a member of Congress. Our firm generally uses a senator. I don’t know that there is any advantage to having a senator rather than a member of the House of Representatives making the inquiry. However, you must be aware that not all members of Congress may be receptive to making such inquiries. If their platform and/or expressed political views suggest that veterans’ benefits may not be a priority, you may need to approach with caution. Most members of Congress have websites that post information for the types of assistance they provide. Members of Congress who do count a large number of veterans among their constituents may even regularly reach out to explain what specific services they can provide for them. This assistance generally requires a privacy release form that must be signed by the veteran or other type of claimant so the VA will release information to the congressperson’s office.

Our firm sends the privacy release form with a letter requesting assistance on behalf of our client, and includes a timeline of the claim highlighting any major dates relevant to the claim process. We also mention in this letter any circumstances that may merit that the claimant’s request be considered with utmost urgency. This would include statements, if applicable, as to the claimant’s terminal condition, advanced age, and/or financial hardship. Once their office files the inquiry with the VA, that agency must respond within a certain amount of time, even if it is just a form letter apologizing for the delay. The congressperson’s office generally then forwards a copy of the VA correspondence to the claimant.

When do you file the Congressional?

This is the hardest question to answer, and the only quick and easy way to do so is as follows: It depends.

You may be pressured by your client to file a request for congressional assistance at any point after submitting the formal claim, when presumably the VA should have everything it needs to decide the claim. Your client can also certainly request assistance on their own without your firm’s involvement. However, given the mixed results, I would recommend that you consider it primarily as a last resort, meaning you should exhaust all other means first, like calling the VA for status inquiries and to follow up on submitted requests to expedite a claim due to terminal condition, advanced age and/or financial hardship. You also need to decide, given the average amount of time it is taking for the VA to process your firm’s claims, at how many months you are going to seriously consider requesting congressional assistance.

Our firm currently uses the one-year mark after filing a formal claim to start considering this option, but this is subject to change as we see claim processing times change over the years. Bear in mind that processing times vary regionally, and that overuse of your local congressperson will not earn you much love from his or her office. Reserve the request for congressional assistance for those VA claims that truly seem to have dropped off the face of the earth, or for those claimants who may end up in extreme financial straits or who for medical reasons may not survive to receive the benefits to which they are entitled unless they are awarded right away.

Lawyers With Purpose is offering a FREE Webinar on Wednesday, December 2nd at 12 EST on "Trust Planning for VA Benefits After the Proposed Look Back Takes Place" – click here to register now. Transfer penalties for VA claimants are expected to be implemented in February 2016. What does that mean for your trust drafting services? Will we need to change the language in our trusts? Or, worse yet, start using totally new trusts? Attend the upcoming VA Tech School Training on 12/2/15 on Drafting Trusts After the Laws Change and find out! Register today as we have limited space!

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

Sweat the Details

November 5, 2015

by Molly Hall with No Comment Coaching & Implementation Systems & Processes

A few weeks ago I was honored to be invited to attend a “Marketing Field-trip” to Silicon Valley, where we visited Google, Adobe, Apple and ended at Dropbox in San Francisco. Each company was mind-blowing in many ways, despite differences in operations, sales, marketing and culture. But the one consistency was the expectation for excellence. It was the minimum standard that employees have self-governing personal pride for their work and contribution, and for what they bring to the culture – and not to treat that flippantly.

When we got off the elevator at Dropbox, I had the wind knocked out of me the moment the stainless steel doors opened. You were greeted in stark white halls with the company values – right there on a wall painted on beautiful cream-colored canvas. Each one was perfectly aligned side by side. The one that made me stop, really stop, was their final value statement:

“Sweat the Details”

I felt like someone put an arm around me and whispered, “You are not an overachieving, perfectionist, never-good-enough monger with unrelenting standards. Your expectations are completely real and valid.” It was validation.

Anyone who knows me, personally or professionally, knows I am a total pain in the arse about details. I do sweat the small stuff. I sweat every single detail when it comes to relationships and service. They do matter, most often – more than anything else.

And I know hundreds of small business owners and team leaders who do as well. They call and email me, daily: “I know I’m a ___ (perfectionist, control freak, overachiever), but it’s making me nuts that she didn’t make the coffee and turn on the music and the inviting water feature again before our first appointment of the day. It’s imperative that the clients feel like they just stepped into a warm living room and instantly feel calm and safe. I don’t want to upset her again…. Am I overreacting?”

Hello! NO you are not overreacting. And you know, you don’t need to apologize for expecting and/or wanting this or having a critical conversation when it doesn’t occur.

Sweat the Details. If a company like Dropbox with a $4 billion + valuation (forbes.com) doesn’t even hesitate to greet you at their corporate headquarters when you enter the main floor with a 8×11 painting stating so, permission granted. And don’t ever apologize for it again.

Every detail matters. The details are what distinguish us in the marketplace and harvest client, employee and community referrals.

If you’re struggling with how to get your team to sweat the details, contact us at info@lawyerswithpurpose.com for a complimentary 30-minute team diagnostic call.

Molly Hall,

Congratulations to Skip Reynolds, Lawyers With Purpose Member Of The Month

November 2, 2015

by Lawyers With Purpose with No Comment Systems & Processes

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

My greatest success has to be the fact that because of the coaching I received from Nedra, that I started putting on workshops regularly. I had for the past two years had it on my agenda to set up workshops, but never seemed to get around to it. By Nedra holding me accountable, I finally put events on my calendar. This has allowed me to diversify my revenue stream from being 100% reliant upon inconsistent referrals. It has also allowed me to be more efficient with my time, rather than going through all of the education with every prospective client.

What is my favorite tool?

My favorite tool of LWP is the resources available on the member website. Not only am I able to have access to resources to streamline my processes within different aspects of my practice, but I can watch webinars and access other valuable educational resources. It has allowed me to increase my practice efficiency and greatly improve my legal/technical knowledge, at a time that is conducive to my daily schedule. I think all of the available resources has translated into making me more confident in what I am presenting to prospective clients, and much better resource for clients and their families.

How has LWP impacted my practice?

LWP has impacted my practice in a number of ways. It has allowed me to increase my knowledge in the area of Elder Law and Grantor Trusts. I kept running into client issues that demanded the knowledge of Elder Law, but I really knew very little prior to joining LWP. Further, it has prompted me to take a hard look at my business and my revenue streams, including how to decide where I was not getting a good return on my investments. LWP also made me ask questions I never asked of clients before. Now I believe that I am giving my clients what they truly need based upon the way they answer the 15 questions, not what is easiest for them to understand, or what I thought they should do. My process with clients is much more interactive in choosing the plan that fits their family, their goals and their wishes.

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Are you busy?

October 15, 2015

by Molly Hall with No Comment Systems & Processes

I appreciate how incredibly busy you are, trust me.

Not so busy that you don't have time to generate leads and get hired by clients…

…but still busy.

As we learned after getting great feedback over the past week, it appears many attorneys like you are too busy to take a look at our complete, automated, integrated practice management, marketing and document drafting system to see if it was worth the investment.

Because of this, I’m going to do something extraordinary.

I'm giving you full access to “The Revenue Focuser 90 Minute Virtual Workshop™.” This is the very tool that allowed my partner, David J. Zumpano, CPA, Esq., to create an estate and elder law practice that generated the revenue he wanted (he started paying himself first on day 1). Because of this tool, he was able to work only 40 hours a week and hire his first full-time team member to handle all of the non-revenue-producing activities!

This isn't a “teaser” tips and techniques tool that’s going to force you to print a tree. Click here to download the 90-Minute Revenue Focuser Virtual Workshop. We have had attorneys across the country double their revenue – not just because they completed the worksheet, but because they actually started charging the fees we recommend. We call that FDS: Follow the dang system!

Do yourself a HUGE financial favor (“I’m not making money”… STOP that NOW!) and download here.

In your corner,

Molly

P.S. If you would like a suggested Fee Schedule, shoot me an email and I’d be happy to share Dave Zumpano’s fee schedule, which he uses every day in his practice.

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Focus on Forms: Getting Benefits for Widows

October 13, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Systems & Processes VA

Today’s post is another installment in the Focus on Forms series that considers and discusses some of the most common forms associated with Department of Veterans Affairs (VA) pension claims. The goal of the Focus on Forms series is threefold: to define the purpose of the forms; to discuss how they should be completed; and to recommend what to file with these forms. Today’s subject is the 21-534EZ Application for DIC, Death Pension, and/or Accrued Benefits.

The VA form 21-534EZ is used by a veteran’s surviving dependent to apply for non-service-connected pension, Dependency and Indemnity Compensation (DIC), and accrued benefits. The veteran’s surviving dependent may be a spouse, a parent, or a child. This form is the counterpart to the VA form 21-527EZ, however the 21-534EZ can be used to apply for the various types of benefits outlined above, while the 21-527EZ can only be used by a veteran applying for non-service-connected pension. If you are seeking service-connected compensation benefits for a veteran, you would use the VA form 21-526EZ.

When you download the 21-534EZ from the VA website, the document has 11 pages: six pages of instructions and five pages of form. There is much valuable information provided here. The first few pages of instructions explain what is, and how to file, a Fully Developed Claim (FDC), which is a relatively quicker claim process compared to the Standard Claim Process. The remaining instruction pages discuss what evidence you should provide to support your claim, depending on the type and/or level of benefit sought: Base, Housebound, or Aid & Attendance. The last page of instructions also includes information regarding benefits for a helpless child of a veteran, validity of marriages, and the effective date.

There are 13 sections to VA form 21-534 EZ, numbered with Roman numerals. Three of these are labeled “Must Complete,” while the other 10 sections are to be completed only if applicable. You may recall that this is the opposite of VA form 21-527EZ, which has 10 compulsory sections and three optional. The reason for this is partly because the form 21-534EZ can be used for more than one type of benefit, thus some sections only apply to a particular benefit. Another reason is that, since there usually is a prior claim already on file with the VA, there is certain info that the VA already has, and thus it does not need to be provided again. The sections you should complete for death pension are sections I to III, VII to IX, and XI to XII – that is 8 sections total.

Sections I and II are for the veteran’s and claimant’s Personal and Service Information, respectively. Most of the fields here are self-explanatory. If the surviving spouse previously filed a claim with the VA or you already filed an informal claim/intent to file claim, you may have the VA file number to put in field 6; otherwise put “Unknown.” If the VA ever assigned the veteran a file number, the surviving spouse inherits that same file number. Field 13 asks if the claimant is a veteran, oddly enough because if the claimant is a veteran, he/she should be filling out forms other than the VA form 21-534EZ. Field 16 allows you to select which benefits the claimant is seeking, and you may check all that apply. The instructions for Section II Veteran’s Service Information indicate that it need not be completed if the veteran was receiving VA Compensation or Pension benefits at the time of death, because it is assumed that this would already be on file with the VA; however, as incomplete forms are not always received well by the VA, it is recommended that you complete this section despite these instructions.

Section III is for Marital Information and by definition is applicable only when the surviving spouse is completing this form. Completion of this section may make or break a claim, the reason being that with very few exceptions the surviving spouse only has a claim to the veteran’s pension by virtue of marriage. In most cases, if the claimant cannot prove a valid marriage to the veteran, the claim will be denied regardless of how eligible he/she otherwise might be. The next three sections are only required if the claimant is a dependent child (Section IV), the veteran’s parent (Section V), or is seeking Dependency and Indemnity Compensation (Section VI); otherwise they can be crossed off as non-applicable.

The next three sections (VII to IX) are related to finances and are similar to those same-numbered sections in VA form 21-527EZ. Section VII: Net Worth is for reporting all countable assets of the claimant, and any dependents should be listed here as of the effective date. Sections VIII and IX are both for reporting income of the claimant and any dependents as of the effective date. The difference is that Section VIII: Gross Monthly Income should be used to report income that is received in fixed, monthly payments, such as Social Security or retirement pension, while Section IX: Expected Income is for reporting annual amounts of income that are not received in fixed, monthly payments. The effective date is the date that the informal claim or intent to file a claim was filed, or if not filed, the date the formal claim was submitted. Every source of income received by the claimant and any dependent should appear in either section VIII or IX, but never in both.

Section X may be used for reporting unreimbursed medical, last illness, burial, or other expenses; however, if there are many expenses, the VA form 21P-8416 Medical Expense Report can be used, in which case section X is completed by cross referencing VA form 21P-8416. The last page and the three last sections of form 21-534EZ consist of Direct Deposit Information (XI), Claim Certification and Signature (XII), and Witnesses to Signature (XIII). The first two of these sections must be completed and the claimant must sign Section XII, as the VA does not recognize Powers of Attorney. The final section is only applicable if the claimant signed the previous section with an “X,” in which case two witnesses must also sign to vouch for the identity of the signer.

What you file with the VA form 21-534EZ should support the data you entered in the 13 sections of the form. This would include photo identification, birth certificate and military discharge paperwork. More importantly, include marriage certificates, divorce decrees and/or death certificates to properly document marriage to the veteran and the proper dissolution of any prior marriages. The practice in our firm is also to provide financial statements to support the net worth and income as of the effective date reported in sections VII to IX, although this is not required by the VA.

In summary, the VA Form 21-534EZ is the primary application form for a veteran’s surviving dependent seeking death pension benefits, Dependency and Indemnity Compensation (DIC), and/or accrued benefits. It is best practice to complete all three mandatory sections of this form and any of the remaining 10 sections, if applicable, and to provide all documents that support what is declared on the form. Keep up to date with changes to VA forms by updating your LWP-CCS software whenever new releases are available and by checking the VA website regularly.

Did you know we offer a FREE "VA Tech School" webinar every month? Click here to register now for this complementary webinar on Wednesday, November 4th where we'll be talking about all the changes that have happened and will happen to VA Benefits in 2015 and 2016 that may impact how you do VA planning in your firm. Register now to find out what you will miss from the Tri-annual Practice Enhancement Retreat legal-technical focus session “Changes to VA Benefits in 2015/16 and How to Profit From Them”.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers with Purpose.