In this issue:

Letters to the Editor

In case you haven’t received the word, The Free Press has instituted a "Letters to the Editor" column. If you don’t want to take time out of your busy schedule to do research for a scholarly article, if you have a suggestion, recommendation, or constructive criticism to direct to the Section leadership or the Free Press editorial board, or if you just want to "vent" (in a non-abusive manner, of course), you will now have a forum. You can submit a letter any time it suits your fancy, and you need not wait until just prior to the publication of an edition of the Free Press. Submissions will be kept on file for future publication. Please submit your letters to Nicholas D. Krawec, co-chair of the CRS Newsletter Committee.

The Free Press ? Best Feature Article Award

The Creditors' Rights Section will annually recognize outstanding articles submitted to The Free Press, with a "Best Feature Article Award" to be presented to the author of the winning article, at the Creditors’ Rights Section general membership meeting at the CLLA Eastern Regional Meeting in New York. Articles submitted for the Fall, Spring and Summer editions of The Free Press will be eligible for the award and will be considered for the award if so requested by the author. Any articles submitted for the Summer edition of the Free Press for consideration for the Best Feature Article Award must be submitted to the Free Press by May 15, and judging of all articles submitted for the Award will take place over the summer. Each year, the Best Feature Article Award will be presented in New York, for the best feature article submitted within the previous year. The following criteria should be adhered to for articles submitted for consideration for the Award:

1. Article subjects should be educational in nature, on a creditors’ rights, debt collection, bankruptcy or creditors’ rights practice management related topic.

2. Authors must be a member of the CLLA.

3. Articles must be original to The Free Press. Reprints will not be accepted.

4. Each author may submit one article for consideration during any award year. However, authors awarded the Best Feature Article Award the previous year may submit a new article for consideration the following year.

5. All entries will be judged, and at least three (3) entries must be received for the award to be given. If less than three (3) entries are received, honorable mention certificates will be distributed to the participating authors.

6. All submissions are final, and no additions or changes are permitted to the entry after receipt by The Free Press editors.

7. All articles must be submitted in Word formal, via e-mail to nkrawec@bernsteinlaw.com.

Any questions may be directed to Nick Krawec, (412) 456-8103, or Brenda Majewski, (414) 276-0435.

Your subscription

You have been subscribed to this list as part of your membership in the Creditors Rights Section of the Commercial Law League of America.

Changes to your e-mail address and all other comments can be sent to crs@clla.org

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The Free Press - Volume 2, Summer 2006

Report from the Chair

By Robert A. Bernstein, Esq.

One of John F. Kennedy’s most famous quotations comes from his inauguration, where he stated, “And so, my fellow Americans: ask not what your country can do for you - ask what you can do for your country.”  To borrow from JFK, we are asking that you take some time to work for the benefit of the CLLA and the CRS.  But, we are not asking you only to give; you can get just as much from the CLLA and the CRS as you give.  The business opportunities you gain from attendance at convention functions can expand if you become more deeply involved in the League and your Section. Simply put, the more people know you through your involvement with the Section, the more likely sources of business will think of you when they have business in your area to forward.  If you can prove your competency through submissions to The Free Press or committee work, agencies, law lists and forwarding attorneys will feel more confident forwarding business to you.

One opportunity to get involved without a huge investment of time or money is to participate in the formation of the CRS forms bank.  We are currently gathering sample pleadings from each state to include in a directory to be maintained on line.  The forms will be available as a resource to CRS members to deal with routine actions in a collection practice.  As the forms bank grows, the value of this resource to our members will expand to include more complex legal pleadings.  Rick White, of Tulsa, Oklahoma, is in charge of assembling these submissions to comprise the forms bank.  We have a goal of having the forms bank up, running and available to our members by this fall.  Although Rick will shortly be sending out an e-mail requesting forms from members in each state, you need not wait to make these submissions to Rick.  Please consider taking a few minutes to e-mail pleading forms from your state to Rick at rwhite@barberbartz.com.

If you can get more deeply involved, we are currently accepting nominations for four seats on the Executive Council, as well as for the position of Secretary.  The elections are being held in New York, and the deadline for the submission of nominations is September.  The nominating chairman is past Chair Jeff Rubin, who can be reached at jeff@mialaw.com.  If you have been considering becoming more deeply involved with the largest and most dynamic Section of the League, please submit your name for consideration to Jeff. 

A proposal was presented at the Chicago meeting to change the election cycle for electing our officers.  Currently, our officers are elected at the Fall Conference held in New York every November.   A proposal was passed by the current Board to change the bylaws to have the elections coincide with the national elections, which are held in April at the Spring Conference in Chicago.  There are good arguments both for and against the proposal, and it promises to be a hot issue when the topic comes up for discussion and vote among our membership in New York.  Please plan on attending the New York Conference in November to have your say in this important change in the operation of the CRS. 

If you missed the educational programming in Chicago, you missed some of the best educational opportunities available in the country.  Nationally acclaimed speaker, Professor James McElhany, provided an all-day seminar, and we participated with both the Bankruptcy Section and the Agency Section in presenting educational programs to benefit our membership.  We are in the process of planning a seminar for the Fall New York conference dealing with privacy issues and concerns which affect our practices.  If you have expertise in this area, I would encourage you to contact Matt Burkinshaw at mburkinshaw@burkinshawlaw.com to provide input which can inform and benefit our membership in the rapidly changing rules governing privacy restrictions in our practices.  If you have further ideas of educational programs which may benefit our membership, please contact Matt. 

As many of you may be aware, the CLLA Board recently approved attorney affiliate memberships with the Agency Section.  As part of the affiliate membership program, the Agency Section has created two Board positions for affiliate members.  A number of CRS members have joined the Section as affiliate members, and several CRS members are running for the affiliate Board position.  Marc Bressler, David Franklin, Mark Sheriff and Rick Thomas, all active CRS members, are running for the two affiliate positions on the Agency Section Board, with internet voting occurring during July.  If you are an affiliate member of the Agency Section, I would encourage you to support our CRS members.

Finally, I cannot close without mentioning the upcoming National Convention in Asheville.  This is the final National Summer Convention for the CLLA, and although I am looking forward to attending, it is bittersweet in that it may be the last time our CLLA extended families may meet for summer fun and games. My kids have grown up with CLLA Summer conventions, as have many in the League, and many of the CLLA children have gone on to become active and contributing members of the League as adults.  We will miss having this opportunity to meet without the time pressures and constraints of the busier New York and Chicago conferences.  I would encourage any who are on the fence about attendance in Asheville to take this opportunity to sign up and attend for one last hurrah; you’ll be glad you did!  I hope to see many of you in North Carolina on July 5! 

Editor’s Note:  Robert A. Bernstein, Chair of the Creditors’ Rights Section, is a partner in the firm of Bernstein & Bernstein, P.A., in Charleston, SC, where he practices in the areas of commercial collections, creditors’ rights, business litigation and bankruptcy.

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Letters to the Editor:

We have no letters this issue.

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Washington Legislative Report

By David P. Goch, Esq.

On June 12th, HR 5585, the Financial Netting Improvements Act of 2006 was introduced.  The primary purpose of the bill is to ease systems for mortgages and credit unions.  The bill, primarily a banking type bill, was referred to BOTH the House Financial Services Committee and the House Judiciary Committee.
 
The bill also increases the compensation of Trustees from $45 to $100.
Specifically, section 7 of the bill reads:

SEC. 7. COMPENSATION OF CHAPTER 7 TRUSTEES; CHAPTER 7 FILING FEES.

(a) Amendments to Title 11 of the United States Code-

(1) COMPENSATION OF CHAPTER 7 TRUSTEES- Section 330(b)(1) of title 11,
United States Code, is amended by striking `$45' and inserting `$100'.

(2) RELATED AMENDMENTS- Section 330(b) of title 11, United States Code, is amended--

(A) by striking `(1)', and
(B) by striking paragraph (2).

(b) Amendments to Title 28 of the United States Code-

• CHAPTER 7 FILING FEE- Section 1930(a)(1)(A) of title 28 of the

United States Code, as amended by section 10101 of Public Law 109-171, is amended by striking `$245' and inserting `$300', and

(2) UNITED STATES TRUSTEE FUND- Section 589a(b)(1)(A) of title 28, United States Code, is amended by striking `40.46' and inserting `29.67'.

(c) Related Amendment Regarding Collections and Deposits of Miscellaneous
Bankruptcy Fees- Section 406(b) of the Judiciary Appropriations Act, 1990
(28 U.S.C. 1931 note) is amended by striking `28.87' and inserting `21.17'.

(d) Conforming Amendment- Section 10101(a) of Public Law 109-171 is amended
by striking paragraph (2).

(e) Effective Date; Application of Amendments- The amendments made by this
section shall take effect 60 days after the date of the enactment of this
Act and shall not apply with respect to cases commenced under title 11 of
the United States Code before the date such amendments take effect.

SEC. 8. SCOPE OF APPLICATION.

Subject to section 7(e), the amendments made by this Act shall not apply to any cases commenced under title 11, United States Code, or appointments made under any Federal or State law, before the date of the enactment of this Act.
 
On June 14th the bill was marked-up by (and passed out of) the Financial Services Committee and now it awaits the Judiciary Committee’s either considering it or essentially waiving its jurisdiction. The League has been instrumental in the bill's movement in the House and we are working with the Senate as well.

In other news, Rep. Steven Rothman (D-NJ) asked the Internal Revenue Service on June 19th to stop its private debt collection program until Congress reviews it.  H.R. 5576, which passed on June 14th, contains a provision that prevents the IRS from using appropriated funds to hire private debt collectors.

The Internal Revenue Service has said that it must outsource the work due to "budget scoring rules for the agency and because of the inadequate funding from Congress."  The IRS projects that private collection would bring in $54 million in fiscal year 2007 in conjunction with IRS collectors. "I simply cannot understand why the IRS would negotiate 22 to 24 percent commission...when this same work done by IRS' own employees costs only 3 percent," Rothman said.

Editor's Note:  David P. Goch, Esq., is the CLLA Washington Legislative Counsel.

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Spotlight on Sidney S. Friedman, the President-Elect of the CLLA

Interview by Nicholas D. Krawec, Esq.

Full Name: Sidney Stafford Friedman

Residence/Hometown: Baltimore, Maryland

Education: University of Maryland
Under Graduate,  B.A., 1969, Cum Laude
University of Maryland Law School, J.D., 1974

Family:  Wife - Married 29 years to Fran Friedman.  Two children both living in Baltimore: Alison - 27 years of age Graduated, University of Maryland Law School, May 2006, Sitting for Bar; Michael - 23 years of age, Works for a non-profit company, Best Buddies.

Areas of practice and specialties: General litigation, creditors right’s specialist, Pre-Paid Legal Plan

What year did you join CLLA?: Joined the CLLA in 1976, I think, but it is so long ago, I am not certain.

What other offices have you held in the CLLA?:  Every office in the Eastern Region and every office in the Creditors Right’s Section, including Education Chair.  Board of Governors 2001 as CRS Rep., and then elected to full three year term on Board of Governors in 2002 as Attorney Board Member, President Elect 2005-2006.

Tell us about your life activities away from the office: Board of Governors, Suburban Country Club, Public Speaking in generating business for my Pre-Paid Legal Plan business, participation and ownership of private companies with my law partner, Edward Friedman, building an addition on my home for my elderly in-laws.

Tell us about the path you followed within the League that helped to get you to this position:  I started in 1990 by asking my law partner, Sandy Harris, a former CLLA president, how I could get active.   He tried to explain the byzantine structure of the League and then said I should approach Richard Sugarmann, who would point me in the right direction to get involved in the newly formed Creditors Right’s Section.  I worked my way up through the CRS and then through the Eastern Region and then onto the Board of Governors.

What qualities do you feel that you will bring to the job of President of the CLLA?:  I try to listen to all sides in a discussion, make a decision and carry it through. I am not afraid of hard work and I have a sanguine belief in the future of the League.

What goals would you like to achieve for the League during your term in office?:  Continue the restructuring and reformatting of league activities to bring it in line with current usage and needs of our members, increasing exhibitor attendance, and sponsorship revenue at our Fall and Spring Conferences by restructuring our meeting format; increasing membership by reaching out to similar organizations in our industry, such as, NACM, TMA, DBA, and NABT, to form strategic alliances or partnerships with them by sharing our educational programs; and furthering Mary Whitmer’s goal of creating a Commercial Law League education institute.

What advice would you give to young attorneys who join the League, and who aspire to a leadership role such as yours?:  Get active.  Participate in League, section and region committees and conferences.  Introduce yourself to new people at every conference. Speak up and let your voice be heard.

When you’re not practicing law, or tending to League matters, what do you do for fun and relaxation?:  Golf, exercise, taking walks with my wife Fran and our golden retriever, read, watch movies at home, drink and dine, and spend time with my family.

If you did not become a lawyer, what do you think would have become your life’s work?: 
I  would have become a reporter covering foreign events.

What one thing do you think we would be surprised to know about you that most people don’t already know?:  I recently became an Irish citizen.   My other surprises are too shocking to reveal.

What is your favorite quote or “words to live by?”:  Veritas Dictums, speak the truth, or Veritas Vos Liberabit, the truth shall set you free.

Did you have any role models when you were growing up and in your career in practicing law thus far?  If so, who are they and why were they your role models?:  Judge David Ross, for whom I clerked while in law school: he was dignified, punctual, and had an absence of bias or prejudice.  Edward Friedman, my law partner, who works quickly and gets it done today, not tomorrow.  Melvyn Weinstock, my law partner, for courtroom inspiration.   Don’t be afraid to go down that road where others fear to tread.

If you could have dinner with one famous person in history, and one famous person alive today, who would they be, and why?:  Winston Churchill, the greatest leader of the twentieth century, who was a great writer, great wit, and great raconteur.  Robin Williams, for a good laugh, and since I work with some manic people, I will feel right at home.

What is your favorite:

Car:                            Mercedes Benz
Food:                          Pizza
Vacation spot:            Colorado
Actress/Actor:            Meryl Streep/Clint Eastwood
Movie:                        The Princess Bride
Holiday:                      Thanksgiving
Musical group/Singer:   Billy Joel or Frank Sinatra
Book:                          James Michener’s The Source
Sports figure:             Brooks Robinson

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Committee Reports: THE UNIFORM LAWS COMMITTEE

No updates to report at this time.

Attorney Kevin Posen, Chair

Brief Update on Practice Groups

By Ian Bardin, Esq.

The further development of the Practice Groups will be discussed in Asheville.  We intended to have some interactive input in Chicago, but the logistics did not work out.  For those of you who will be in Asheville, your input, and a cold beer, will be appreciated.

Editor’s Note: Ian Bardin, Esquire, Chair of the Practice Groups Committee, is a sole practitioner with offices in Playa del Rey and La Mesa, CA. His practice involves primarily commercial litigation, but also retail claims. He handles claims throughout the state of California.

SECRETARY’S REPORT

No updates to report at this time.

Mark J. Sheriff, Esq. 

EDUCATION COMMITTEE REPORT

No updates to report at this time.

Marc J. Bressler, Esq. and Matthew J. Burkinshaw, Esq.

FORMS COMMITTEE REPORT

A letter was mailed to all CRS members June 13th requesting copies of pleadings to put together a comprehensive bank of forms, pleadings and briefs to be used by members.  Please fax copies of your standard forms for complaints and motions, or other applicable documents to:  Attorney Richard D. White, Jr., 918/599-7756.

YMS REPORT TO CRS

By:  Matthew J. Richburg, Esq. 

The YMS will be hosting what has become the annual comedy club event on Friday night for the New York meeting.   Educational programs are also being planned.

Editor’s Note:  Matthew J. Richburg is the Litigation Manager for Kohn Law Firm, S.C.in Milwaukee and is a recently certified Creditor’s Rights Specialist.  He is a member of the YMS Executive Council.   

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COMMERCIAL COLLECTION AGENCY ASSOCIATION-2006 COLLECTIBILITY SURVEY

(Year 2005 Collection Results)

Association members’ collectibility statistics have been tabulated and the following tables represent the results of the survey.

COLLECTIBILITY BY AGE OF ACCOUNT

COLLECTIBILITY BY TYPE OF ACCOUNT

EXPRESSED AS A PERCENTAGE OF ACCOUNTS CLOSED

(Based upon accounts closed in 2005)

The foregoing table shows the results of the Collectibility Survey.  It is based on files closed during the year 2005.  The figures are not based upon the intake of accounts received for collection. For example, the collectibility for the number of accounts forwarded to attorneys and collected is 8.2% of all accounts closed in 2005, which includes accounts not forwarded to attorneys.  If we were to base the attorney collectibility statistics on the number of accounts sent to attorneys, the figure would be higher, in the 23 to 25 percent range.

Submitted compliments of: 

Emil Hartleb, Executive Director
Commercial Collection Agency Association,
Commercial Law League of America
(973) 239-0721 Fax No.: (973) 755-0402. 
Serving the Commercial Credit Community Since 1972

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Is there a place for consumer collections in the CLLA?

By Rick Thomas, Esq.

Twenty years ago, most collection attorneys shied away from “retail” collection business. That reluctance was a result of a number of factors, including that the average balance was smaller than commercial claims and consumer suits required more resources in the area of staffing and technology. Then along came the FDCPA, and most commercial collection attorneys felt it wasn’t worth the potential exposure to liability to handle these troublesome claims.

Well, this isn’t your father’s collection industry any more. The sheer volume of consumer debt is staggering, yet very appetizing for the hungry collection attorney. There are many sources of consumer debt/ accounts looking for assistance from collection attorneys.  Not only are there numerous consumer collection agencies, but there also are other sources of business such as attorney networks, debt buyers and forwarding attorneys, some which are, and others of which are not, presently members of the CLLA.

We’re all aware that the National Association of Retail Collection Attorneys, NARCA, was formed to service the consumer collection industry, and has done well to bring the members of that niche in the industry together.  Many members of CRS belong to both the CLLA and NARCA.  Perhaps it’s time to look at creating a home for some of these business sources in the CLLA.  After all, there are a lot of consumer agencies, networks and debt buyers that are not members of either organization.

Our incoming president, Sid Friedman, has created a committee to be co-chaired by Rick Thomas (email: rick@tt-law.com) and David Gamache (e-mail: DavidGamache@gmcollects.com) to explore the possibility of attracting these sources of consumer business to the CLLA.  One of the first steps will be to survey the consumer collection agencies, networks and debt buyers to see what their expectations would be, if invited to become active members of the CLLA.

To that end, for all those who do consumer work, and would like to see more of it, please send the names of potential members to David or Rick, so that we can create a list for the survey. If you have addresses, contact names and telephone numbers, that information will save a lot of research time.  Obviously, any suggestions and comments are welcome specifically from CRS members and more generally from the CLLA membership as a whole.  Those comments will help us market to these business sources.

We’re sure everyone will look forward to the results of the survey and future plans to attract more business for our members.

Rick Thomas is a partner with the law firm of Thomas & Thomas in Cincinnati, Ohio. Rick has been a member of the CLLA for 24 years and has been past chair of the Young Members Section, past chair of the Midwestern Region, Recording Secretary of the League and is currently an Attorney Board Member of the Board of Governors of the Commercial Law League of America.

David Gamache is a principal in the law firm of Gamache & Myers, PC,with offices in St Louis Mo. and Fayetteville, AR.  David has been a member of the CLLA for 23 years and is a past chair of the Creditors' Rights Section( past chairs of CRS Retail Claims and Education Committees), past chair of the Midwestern Region, past chair of theFDCPA Committee and currently an Attorney Board Member of the Board of Governors of the Commercial Law League of America.

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Law Firm Marketing:  Success is in the Details

By Donna Erickson
©Erickson Marketing, Inc., 2006

There is a common misconception in a large segment of the legal profession that marketing equates to advertising and spending a lot of money.  That couldn’t be more wrong.  Marketing in law firms is all about sweating the details.  The details cost you a little extra time and attention, but can deliver big dividends to your firm down the road.   It is the best way to differentiate your firm from others.

Most important for every law firm are your relationships with clients.  It’s the trust your clients develop in you, your knowledge of their business and industry, your responsiveness, anticipation of client needs, and, of course, the results you deliver.

Virtually every activity touches on marketing. Your firm’s success in marketing and business development depends on many factors.  While the following checklist is not exhaustive, it is a good gauge of major factors that impact marketing results.  How does your firm measure up in these ten key areas?

1. Client Relationships

• Are your lawyers focused on developing long-lasting relationships with clients?  Are your clients happy with your responsiveness and results?  Keep in mind that while you are trying to secure new clients for your firm, your competitors are actively trying to get work from your existing clients. 
• Do your lawyers contact clients just to check in on how they are doing and inquire about their business? They should visit client offices and demonstrate genuine interest in their business.  Do they read the clients’ industry publications to keep current with the challenges clients face?  Do they know their clients’ hobbies and special interests and invite them on outings (sporting events, theatre productions, concerts, etc.)?
• Have you asked your clients about your own progress? Repeat clients should be interviewed after each engagement.  One-time clients should also be interviewed to gauge their level of satisfaction.  After all, if they had a wonderful experience working with you, they may refer additional business your way.  If they had an unpleasant experience, it is likely that they will tell ten of their colleagues why they should not use your firm! It is important that you understand any shortcomings so you can correct them as soon as possible.

2. Employee Satisfaction

• Do your lawyers and management treat your staff as valued partners?   Your employees spend 8+ hours of their daily lives helping you succeed.   This is their career.
• Are your employees happy working in your firm?  Are your employees delivering great service to your clients?  Happy, content staff members will return dividends by the truckload by projecting positive attitudes and suggesting ways to improve service and reduce unnecessary costs.  Profitability in a firm is not entirely the result of the lawyers.
• How do you demonstrate respect for your employees’ positions? One easy and inexpensive idea is to ask employees if they want business cards soon after they are hired.  It is a small investment on your part that will allow employees to professionally promote the firm and demonstrate your respect for their contribution to the success of the firm.

3. Service Standards 

• Do your clients receive the same personal attention and high level of service regardless of which attorneys and staff provide service?  If not, it is time to have a discussion with your lawyers and staff to establish service standards.  Clients need to have a clear understanding of what to expect when they work with your firm – strive to exceed those expectations!  Differentiating your firm from your competitors in superior service is critical in making your firm stand out in the eyes of current and future clients. 
• Further customize your service standards to specific clients by asking your clients for their preferred method of communication (email, fax, letter, telephone), how they would like their invoices presented (what information to include), etc.
• Understand their objectives for the work you are doing, their desired result, and then work to surpass their expectations.

4. The Internet:  How the World Sees You

• The Internet is your firm’s window to the world. Your web site is your vehicle to convey a professional image to current and potential clients.  Review your website from a client’s perspective.   Do you have content your clients would be interested in?  Is the content easy to find and free of legalese?  Do you have appropriate disclaimers for your attorney licensures and geographic locations?  
• Update your web site regularly to keep the content fresh and give your clients and others reasons to come back and visit often.  Better they find information of interest to them on your web site than on your competitors’.
• Does your URL make sense to others?  Your web site address should be intuitive and simple. For example, www.moss-barnett.com or www.gurstel.com.

5. Have a Plan

• Does everyone in your firm understand the firm’s goals for the next five years and what must be done to succeed?  The plan serves as a roadmap that defines goals and measurable objectives which your firm then communicates to all personnel to strive to attain.  Planning is important for your firm, practice groups, as well as individual lawyers. 
• Firm Plan - Critical to every law firm. Regardless of size or practice concentration, the firm-level plan identifies the goals and objectives that set the course for the future.  It is from this plan that detailed objectives for practice groups emerge. The firm plan anticipates the future needs of your clients, and positions the firm to be on the leading edge of new services and opportunities that arise.  It will also define specific areas to develop that will allow you to continue to build your firm in an atmosphere of respect and professionalism. 
• Practice Groups and Individual Plans - Group and individual attorney plans are designed to achieve your firm’s overall goals.  They are developed to relate specifically to an industry or practice and include objectives to support your firm’s plan.  Individual plans are tailored to a specific lawyer’s long-term practice/career goals and support the practice group plans.

6. Your Brand

• Does your brand convey your firm’s desired image and message? Every firm has a brand, intentional or not.  It is your firm’s image, reputation and style.  Visually, it is your font/logo, the colors you choose to convey who you are, and your tagline - those few brief words that describe your firm. 
• Consistency is important. All communication materials should have the same look and feel.  Clients will become accustomed to your look and it will quickly become recognizable to them whenever they see it, whether it be on your communication materials, in advertisements, or listings in trade or community publications.
• Be sure that your web site URL is on everything that your firm uses to communicate:  letterhead, invoices, business cards, brochures, and promotional items.

7. Attorney Profiles

• Are attorney profiles rich in content that have relevance to clients?  Discuss how clients benefit from using this specific lawyer as opposed to just listing his or her experience and credentials. 
• Are the profiles tailored to your practice?  Remember, there is nothing wrong with having a profile that discusses your full practice, as well as individual profiles that focus on areas of concentration.  
• Be familiar with the Rules of Conduct that apply to you, based upon your licensure.  For example, many states require that lawyers be certified as area specialists in order to use the term in describing their practices.  Don’t refer to yourself as a specialist in creditors’ rights unless you are certified in that area.

8. Contact Management

• Do you have one current master list of every lawyer’s contacts – clients, potential clients, referral sources, industry contacts, and former attorneys, that is shared by appropriate support staff?   If an address changes, it is important that everyone has access to the updated information. It is incredibly embarrassing for a firm to send correspondence to an incorrect address when a client has previously notified someone in the firm of their address change.  Worse yet is when a client contact dies, the lawyer knows it, but the database is not changed.  The firm could send correspondence to a deceased client contact because the contact was still active on the firm’s mailing list. 
• Is the information shared by all lawyers?   A shared list, or database, will allow you to track existing relationships.  Lawyers can then see who other attorneys know, which can help in the firm’s marketing efforts. 
• Personal relationships are key to marketing.  If another lawyer in the firm has a relationship with a potential client, you can work with that lawyer to strategize about a possible presentation on the services you would like to provide.
• Are you tracking important information on the contacts?   Doing so will provide great benefits for the firm’s marketing efforts in identifying future service opportunities.  There are three basic areas of information that you can easily track on all of your contacts:  the person’s occupation, the industry they work in, and their status (client, potential client, referral source, trade association colleague, etc.). Tracking personal information on the contact can also prove most useful.  Hobbies and favorite sports are a useful tool to reference for future client entertainment opportunities.

9. Bar and Trade Association Audit

• Where does your business originate?  Focus on organizations with members who have potential to refer you business. 
• Review the trade organizations where the firm and individual attorneys are active members.  Are there additional areas where the firm should be represented?   Who in the firm would best fill that role, and has the time and interest to do so?

10. Community Involvement and Pro Bono Audit

• Compile a list of community activities of the firm and individual attorneys, as well as any financial support the firm may provide.   Are there additional community organizations where the firm should be represented?  Are there attorneys in the firm with a strong interest in becoming involved in a new area?
• What pro bono efforts did the firm and individual lawyers undertake in the last year on behalf of legal assistance groups or other nonprofit organizations? Should those efforts be stepped up?  In what areas?  Who will lead the effort?

Clients expect that your firm will do great legal work.  Finding ways to continually improve your relationships with clients and the service you deliver will differentiate your firm from others and serve your firm well in the future.  Firms that are complacent will see their profits and client base erode as competitors slowly chip away at seemingly loyal clients.

Successful law firms – those that continue to improve year after year – focus on people, service and communication.  Deliver exceptional service to your clients and treat each one as if they were your only client. 

Focusing on these ten key points doesn’t require a big investment, just executing on the details.

Editors Note:  Donna Erickson is the President of Erickson Marketing, Inc., a marketing consulting firm working exclusively with law firms.  She has experience marketing to potential clients, and more than 17 years of hands-on work developing and implementing effective marketing initiatives in firms both small and large. Donna served as the Marketing Director of Messerli & Kramer, P.A., as the first Executive Director of the American Alliance of Creditor Attorneys (AACA), and as Director of Business Development for Briggs and Morgan, P.A., a 160+ lawyer business and commercial litigation firm. She consults with law firms nationwide.  Additional information can be found at www.EricksonMarketingInc.com.  Also, Donna can be reached at 612-669-5548, or via e-mail at Donna@EricksonMarketingInc.com.

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Award of Excellence

Nomination Form

Although the nomination deadline has passed for nominations for the 2006 Award of Excellence which will be presented at the April, 2006, Midwestern Meeting in Chicago, it is not too early to begin thinking about nominees for the CRS Award of Excellence for 2007.

The Creditors' Rights Section of the Commercial Law League of America is seeking nominations for its Award of Excellence, which was established to recognize outstanding contributions in the field of law affecting creditors' rights. The recipient must be a lawyer, legislator, professor of law, or judge, whose work has substantially and positively made an impact on creditors' rights. Nominations are being accepted through July 1, 2006, and should be submitted to the CLLA, including an explanation of those qualities and works which qualify the nominee for consideration. The Award will be presented at the annual Midwestern Meeting of the League held in Chicago in April 2007.  
The Commercial Law League of America is the nation's oldest organization of attorneys and other experts engaged in the field of commercial law, bankruptcy and reorganization. The League's objectives include elevating the standard and improving the practice of Commercial Law; encouraging an honorable course of dealing among its members and in the profession at large; and promoting uniformity of legislation in matters affecting Commercial Law. The Creditors' Rights Section shares in these objectives, and strives to promote the highest standards of professionalism, integrity and excellence in the field of creditors' rights while advancing the interests of creditors. Candidates for the Award of Excellence should have made substantial career contributions to further these goals.  
Please return nominations to:

The Commercial Law League of America
70 East Lake Street, Suite 630
Chicago, Illinois 60601
or by fax (312) 781-2010 
Deadline for nominations to be received by the CLLA: July 1, 2006

CRS Award of Excellence Nomination 

Explanation of contributions and qualities which support your nomination (attach additional pages as necessary):

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Calendar of 2006 Events

July 6-9, 2006
112th National Convention
The Grove Park Inn Resort & Spa
Asheville, NC

November 9-12, 2006
86th New York Meeting
Sheraton New York Hotel & Towers
New York, NY

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