Valerie Fontaine and Roberta Kass
Special to Law.com

In this economy, prospective employers are looking to save money wherever possible, and telephone interviews can be cost-effective. Phone interviews usually are used by prospective employers for screening candidates to determine whether to spend the time and money for a face-to-face interview. Telephone interviews can be especially useful in situations where the candidate lives in a different city from the employer, or to determine whether the candidate possesses a specific, possibly esoteric, expertise, which would create a reason for a personal interview. At minimum, an initial telephone contact will validate statements made on the resume and will be used to assess the candidate’s personality, oral communication skills and level of interest in the employer and the opportunity.

As a candidate, your objective is to assure the prospective employer that an in-person interview is warranted. Telephone interviews are often a make-or-break situation and must be taken as seriously as in-person interviews.

SCHEDULING

In most cases telephone interviews are scheduled in advance. Determine whether it is best to have the interview at home or in your office, whether you will be making or receiving the call, the exact time (taking time zones into consideration) and the name(s) and phone number(s) of all parties who will be involved. When scheduling the interview, take advantage of any time zone differences to allow you to have the interview at home before or after work, but still within the interviewer’s regular business hours. Ask how long the interview is expected to take.

If, for some reason, the interviewer does not call or is unavailable at the appointed hour, be sure to call the interviewer and leave a message expressing your interest and a request to reschedule the interview.

Although you will usually have advance warning of a telephone interview, there are times when a prospective employer might just pick up the phone and surprise you with a call, so it is best to be prepared. If you receive a surprise call and it is not a good time or place for you to talk, ask whether you may call back and make appropriate arrangements, as outlined above. If you decide to take the unplanned call when it comes, ask the interviewer to hold a few seconds, take a deep breath, center yourself and forge ahead.

TECHNOLOGY

During your job search, make sure that you have a message machine or voice mail available, that the outgoing message sounds professional (i.e., no music, sound effects, jokes, funny voices or children), and that you check your messages frequently. For all job search conversations, use a static-free phone, preferably not a cell or speakerphone, which can cut out or sound hollow or tinny. Ask your secretary to hold calls, or, if at home, ignore call waiting.

GET PREPARED BEFORE THE INTERVIEW

In preparing for the phone interview, research the companies and positions for which you are applying and have that material handy. Also, have your resume by the phone, including a listing of representative transactions or cases, notes regarding points you would like to make and questions to ask, along with your references’ names and telephone numbers. Have your calendar within reach in order to schedule the follow-up personal interview at the end of your conversation.

Keep a pad and pen handy to take notes during your phone interview. Do not use the computer, because the clatter of keys can be heard and is distracting. Your interviewers may wonder if you are answering e-mail during the conversation.

Have a glass of water by the phone and be ready five minutes early. Be in a quiet place, turn off the television or music, banish any barking dogs and ask your co-workers, family or roommates to be quiet and not to disturb you during this important phone call. Stand up in order get your energy going. Warm up your voice — and smile (it can almost be heard over the telephone).

Dress in a businesslike manner to put yourself in the proper frame of mind and sit or stand with good posture. Although your interviewer cannot see you, these things affect the quality of the image you project through your voice. You want your interviewer to imagine you perfectly groomed and sitting in an office, rather than lounging in your pajamas.

TONE OF VOICE

The primary disadvantage of a telephone interview is that non-verbal communication is lacking; everything must be communicated through your voice. Therefore, speak slowly and clearly with moderate volume and plenty of enthusiasm, positive energy and inflection, keeping your mouth about an inch away from the mouthpiece. Do not eat, chew gum or smoke. (We can hear you puffing away through the phone). Always answer your phone in a professional manner, whether at home or at work, because you never know who may be calling.

A SHORT SCRIPT CAN HELP AT THE BEGINNING

After the initial introductions and pleasantries, open with a positive expression of your interest, based on what you have learned about the opportunity and the firm. Then say, “I am looking forward to a personal meeting with you. In the meantime, what can I tell you about my qualifications?” Be prepared with a brief “commercial” summarizing your strengths and accomplishments, tailored to the position you are seeking.

Throughout the interview, use interesting, descriptive language and proper grammar rather than slang (”yes” rather than “yeah”). Do not use profanity under ANY circumstances, even if your interviewer does so. Avoid fillers such as “ums” and “errs”. Try to avoid yes or no answers; answer in short, complete sentences. Conversely, do not run off at the mouth. You might want to ask a trusted friend for feedback on your telephone technique and/or practice with a tape recorder beforehand.

LISTEN!

Make sure you get all parties’ names with proper spelling and pronunciation, titles, addresses and telephone numbers (sometimes there are several interviewers on speakerphone). Periodically, use their name (their surname until invited to do otherwise). Say “yes” or “I see”, and repeat their words to let them know you are listening. Ask follow-up questions. Don’t rush, interrupt or contradict the interviewer.

Make sure you understand the question before you answer. Answer directly, and ask if the interviewer needs additional information. Take notes of the major points of the conversation, and, if the interviewer is interrupted, say, “we were discussing … .” An excellent technique for establishing rapport is to match the interviewer’s rate of speech, volume and pitch (within your own personality range, of course).

USUAL RULES APPLY

During a telephone interview, most of the same rules of in-person interviewing apply. Never say anything on the telephone you would not say in person. Stick to business, and don’t let your guard down.

THE CLOSE

Summarize your qualifications and ask for a face-to-face interview. Say something like, “This seems to be an interesting and challenging opportunity. With my background and expertise, I believe I could make a valuable contribution to your firm. When can we meet to discuss the position in further detail?” Offer some dates that would be convenient for you.

Before hanging up, confirm any agreements for follow-up actions, such as arrangements for an in-person interview or plans to send requested materials, such as writing samples or transcripts. Thank the interviewer at the end of the conversation.

BENEFIT OF THE DOUBT

Remember that the best way to get a real feel for a firm is through a face-to-face interview. Therefore, even if you are not excited about an opportunity at the end of the telephone interview, do not jump to conclusions. It could be that the caller is not a good phone interviewer and that you do not have all the information you need in order to make a decision. Hence, if you are lukewarm, ask for that personal interview anyway.

FOLLOW UP

After your phone interview, send a thank you note or e-mail mentioning some of the points discussed, and reiterating your interest in the opportunity. Send any requested material immediately. If, after reviewing your notes, you have some questions, a follow-up call or e-mail is appropriate. Just make sure that your questions are legitimate, intelligent ones and not merely an obvious excuse for contact.

January 29, 2010

BOWLING GREEN, KY, JANUARY 29 – Carmen Fowler took top honors among GLI’s legal recruiters for 2009. The fact that this honor comes closely on the heels of Carmen’s one-year anniversary as a recruiter only makes the accomplishment that much sweeter. Carmen began her career in legal recruiting in November 2008, bringing with her an industrious entrepreneurial spirit and 20+ years of business experience. Full of enthusiasm and a burning desire to learn, Carmen sunk her teeth into recruiting and has found she very much likes the taste. Her jovial personality allows her to connect with candidates and hiring managers with ease.

When asked to what she contributes her unprecedented success, Carmen replied, “I’ve always been a firm believer in the saying…If not me, then who? If not now, when? After all, every shot you don’t take is a guaranteed miss.” Carmen’s accomplishment is all the more impressive in light of the economic pressures experienced in 2009. While other recruiters were changing careers at every turn, Carmen learned the ins and outs of the business, excelling in the process. With this Carmen will be motivated to continue to up her fame in 2010. We at GLI congratulate Carmen on her outstanding achievement and exceptional work ethic.

About Grimes Legal, Inc.

Grimes Legal, Inc. was founded to provide businesses with a unique resource for locating, qualifying and recruiting proven performers in diverse areas of specialization. We achieve this by first working to understand the business needs of our clients. This requires thorough research into nuances of the industries in which our clients flourish, learning the philosophies of management which guide our clients’ business and professional strategies and focusing objectively on their individual cultures.

All Rights Reserved.                                                                    www.grimeslegal.com

By Paul Cherner

                 The Centers for Disease Control and prevention (”CDC”) has just issued a report indicating that in the past six months 22 million Americans have become sick with the H1N1 influenza virus (a/k/a the “swine flu”), of which 4,000 have died.  As this pandemic shows no signs of abating, employers are faced with many legal issues in addition to being concerned about the health and safety of their workers,  customers and clients, while at the same time attempting to determine how best to carry on their businesses under these circumstances.

                 An excellent reference source for most questions pertaining to this pandemic  is the federal government’s website http://www.flu.gov., which contains very useful and specific information, as well as links to issues of specific concern to various businesses.

                The U.S. Department of Labor has just issued two sets of questions and answers concerning the impact of the Fair Labor Standards Act (”FLSA”) and the Family and Medical Leave Act (”FMLA”) on issues pertaining to employees absences from work and payment to employees who are directly or indirectly affected by the H1N1 flu virus.  Additional guidance is provided by the EEOC with respect to the impact of the Americans with Disabilities Act (”ADA”) on this pandemic situation. 

                As this situation has evolved, the federal government has continued to issue additional information and guidelines, some of which modified prior guidance.   Accordindly, continued monitoring of the main website -  www.flu.gov is advised.

Paul Cherner is a labor and employment attorney in Chicago, IL. Visit his blog at http://hrcounselblog.com

KEYS TO SUCCESS

Please note that the following steps are not listed by order of importance.  They are all equally vital to the success of lateral hiring.  Therefore, these are not “a la carte” suggestions from which you can pick and choose, but prototype of which all must be implemented to achieve success without unnecessary risk with your new hires. 

THE PROCESS

               I.      Someone must clearly “own the process” of managing the lateral attorney’s entry into the firm and integration for several months thereafter.

§         This should be an authoritative attorney and not a member of the firm’s HR or attorney recruitment staff.

Ø       There should be one partner who is fully empowered with the backing of the firm’s management committee to guide the process.

Ø       This person may be a practice group chair relevant to the new lateral.

Ø       There must be no question of this person’s authority to drive the process.

§         Those who are also involved in the process must receive concrete, appreciable recognition and compensation for this involvement.  The firm should:

Ø       Clearly outline the mission via well-publicized firm policy, identify the leadership involved in the process and reward the effort.

Ø       Institute a system of accountability so there is a high level of familiarity as to what exactly needs to be done.

Ø       Reward attorneys when it comes to compensation who help other attorneys develop business or who engage other attorneys to develop prospective business.

Ø       Track, as an element of the compensation decision, the efforts of attorneys who work with other attorneys in cross-marketing, internal marketing, business development between practice groups, introductions of existing clients to others in the firm, etc.

IMPLEMENTATION

             II.      Develop a Joint Business Plan Between the Firm and the Lateral.

§         Maximize the mutual benefit of the lateral move.

§         Designed to integrate the lateral and his business base.

§         To deal with client introductions.

§         Introduce the lateral to other practice groups in the firm.

§         To develop a marketing plan to expand the lateral’s business by exploiting the platform offered by the firm.

           III.      Focus on Improvement and Growth.

§   Focus on improvement of the lateral’s practice.

§   Focus on clients, firm’s existing clients and new business development.

§   Develop a plan for personal introductions and cross-selling.

           IV.      Develop an Awareness of the Lateral.

§         Have a champion within the firm, backed by management.

§         Arrange meetings with practice groups.

§         Introduction of the lateral of himself and his practice and clients.

§         Introductions of the lateral to business development meetings.

§         Identify those attorneys who best fit with the lateral, either for development of the lateral’s practice or the development of his clients.

§         Identify new opportunities and add them to the lateral’s business plan so the firm can help accomplish the growth and assist in the follow through.

             V.      Periodic Briefings.

§         Practice leaders should meet monthly with the lateral during his first 6 months with the firm to monitor the above practices and to avoid missed opportunities.

§         Review progress of the lateral’s integration with practice groups.

§         Review development of the new cross-marketing opportunities.

§         Use this as a time to interact and make sure there’s continued chemistry.

§         Identify a course of action which will help the lateral further integrate, which will help him feel he is an important member of the team.

           VI.      Technical and Human Support.

§         Make the lateral aware of the firm’s full array of resources.

§         From the very beginning, make sure the lateral has full access to associate and staff support.

§         Placement of the lateral’s office near active, dynamic attorneys and other synergistic practice groups.

§         Make sure others seek out the lateral for lunches or casual meet-and-greets.

§         Whenever possible, place the lateral on meaningful firm committees or in management positions.

CONCLUSION

Ability to expand and get support for the lateral’s practice is the single most important factor.

The next critical element is being integrated.

Having a well-defined and managed lateral integration plan and the commitment to the actual implementation should be at the forefront of everyone’s consciousness.

From the small town solo practitioner to the top national players, every law firm must get involved in marketing at some level in order to obtain and retain clients. The quality of work a firm does can maintain clients and become a source of referrals but in order to reach and garner potential clients, a certain marketing strategy must be implemented in order to achieve the firm’s goals.

Lawyers practice law. Marketers offer a service or product. Marketers and lawyers have very different backgrounds, personality types, and career expectations. Lawyers and marketers need to accommodate their differences and play to each other’s strengths in order to have a successful relationship. And so it becomes necessary for a law firm to entrust its marketing to either an outside firm or an in-house department dedicated to the promotion of their business.

Who you have marketing your services will greatly impact the success of the plan. If you entrust this task to a team with whom you do not have a relationship built on respect and clear communication, the goals will never be achieved. Broad, undefined goals will hinder the marketer’s success. An agent that is misinformed or makes assumptions about the firm’s record will sabotage the outcome of the marketing plan. This lack of clarity often results in an “us vs. them” environment, a culture that can range from tolerant to uninterested to hostile when lawyers relate to their marketing professionals.

There are key factors to consider when preparing your marketing plan. Here are just a few:

Know your business development staff and give them clear goals and expectations.

Most marketers recognize that lawyers must feel comfortable with the marketer’s style and approach to create a productive working relationship. Most marketers offer a reasonably substantial sample product and will also provide a free initial consultation. This information can help you determine whether you would like to work with a particular marketer.

Once you have chosen someone to represent you, it is the law firm’s responsibility to determine priorities, with the advice of their marketing professionals. Attorneys must learn how to delegate certain parts of the marketing plan, whether it’s sending out letters, making follow up phone calls after a seminar, sending out your monthly newsletter, or building your law firm website. Your job as an attorney is to do two things: bring in new clients and bill them for your services. Everything else should be delegated or outsourced.

It is critical you establish the priorities of your marketing plan and are willing to delegate important tasks to your key people or representative. Your relationship with a marketing executive will only be successful if they have a clear understanding of what you expect of them versus what they can reasonably deliver.

Focus on important, achievable actions that will result in satisfying clients and attracting prospects. Identify the areas of business, the specific partners, and the aspects of a marketing plan that will have the greatest impact. Recognize those practices, events, or even cities that have high potential for an expanded market.

The Right Support Can Do Wonders For Success

A well-formed and balanced team can bring about the best results in any situation. The right support may include a partner or partners whose enthusiasm and openness to the marketer’s ideas can serve as a liaison and create a nurturing relationship with the firm. Often the most senior partner is not necessarily the right person to be involved with the firm’s marketing but a partner who holds a clear understanding of the marketing goal is the best choice. A candid approach with each other will attain the right balance of experience and personnel, resulting in a common goal.

Trust & Respect Your Marketing Team!

Trust is developed and must be mutual. In order to delegate your law firm’s marketing plan you must have someone you can allocate to and you must trust them. You must believe the person entrusted with marketing has your best interests at heart and is competent. They must believe you will support their decisions and will not try to undermine their authority to make progress.

Perhaps choosing a marketing consultant who is either a practicing attorney or who formerly practiced will help gain that trust. Another possibility is to choose a consultant with considerable experience working with attorneys. Why is this important? As many of us know, most bars heavily regulate lawyer advertising, imposing all sorts of rules, so it can be essential for your marketing agent to be aware of ethics issues or at a minimum, be sensitive to them. By contrast, a marketer with no background in the law or with lawyers could recommend a marketing campaign that revolves around an ethically prohibited practice.

It is much more likely that business development staff will be respected if the expectations of the firm’s marketers are clear. If lawyers don’t know whether the marketing personnel at the firm are to perform a strategic role, a sales role, or something else, marketers may find themselves shut out of important decisions or avoided by the lawyers. Success comes when marketers and lawyers communicate clearly and with mutual respect.

Last But Certainly Not Least, Your Budget…

Ideas abound but funding is not always available for those ideas. The marketing budget is one expense that many law firms will consider reducing, or eliminating entirely, in the time of cutbacks. But studies have shown that this is the wrong move. When the economy is tight, it’s important to look at each marketing activity in terms of value and return on investment. Focus the majority of your firm’s marketing budget on investments that have low risk and high reward. If you have money left in the budget afterward, you can use it to test other marketing activities.

So whether your firm is large or small, survival rests on the basic principles of providing quality work and getting the word out there about your firm. With the assistance of a trusted, qualified marketing team the opportunities to expand your firm’s service are boundless.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Nancy Grimes has over twenty years’ experience serving the legal industry. Clients include international, national, regional, local and independent law firms and attorneys. “Counsel to Counsel” is updated weekly. Have a question you’d like answered? Email it to ncgrimes@grimeslegal.com.

September 8, 2009

With the advent of the Internet, cell phones, wireless email devices and portable music players, many of us wear as a badge of honor our ability to multitask. But not so fast - a recent study by Stanford researchers concludes the opposite of what we might think: those of us who frequently are inundated with multiple sources of electronic information do not pay as close attention, control memory, or move from one task to another as well people who tend to complete one function or task at a time.

As part of the study, titled “Neural Predictors Of Moment-To-Moment Fluctuations In Cognitive Flexibility,” the researchers conducted several identical experiments on two groups - people who generally multitask and people who usually do not.

The groups were shown images of certain types of rectangles in one experiment, and they were told to ignore certain blue rectangles while determining the positions of red rectangles across image frames. In this experiment, it was the non-multitasking group that performed better than the multitasking group.

In yet another experiment, the non-multitasking group once more performed better than the multitasking group in picking out repeat instances of alphabetical letters appearing in sequences.

In one more experiment, the non-multitasking group again outperformed the multitasking group when it came to following instructions to focus on certain letters or numbers when shown images of letters and numbers at the same time.

Intuition may lead people to think that a multitasking population would do better at these juggling experiments than a non-multitasking group, because they supposedly are used to and generally handle multiple streams of information. But science disagrees.

At the end of the day, it appears from the Stanford study that people who multitask are less able to focus and have trouble ignoring irrelevant information. Indeed, they appear to be easily pulled away from what is important and right in front of them.

So, the next time you plan on moving back and forth between emails, text messages, Facebook, cell phone calls, television, work assignments, home projects, personal interactions, and driving a car, please consider tackling just one of these tasks at a time.

Of course, your author certainly can learn this lesson, but he was only interrupted by two phone calls while writing this piece - it could have been worse!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.

This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.

While lateral associate hiring has generally slowed in this rough economy and in-house opportunities have become scarce, lateral partners are finding themselves in a favorable position to make a move.  Many firms have increased their efforts to hire partners in the practice areas that are proving to be profitable: intellectual property, bankruptcy, employee benefits, tax and litigation.  But just how do you initiate the change and make it a success?  It’s not as hard as one may think if you use the right tools and resources.

Often our first inclination is to network with friends or colleagues.  Be careful when calling on friends!  It may be true that a friend is always there when you need them, but in the case of calling on a friend at another firm, be mindful of the circumstances involved.  Know their status and position at the firm so his/her influence or recommendation doesn’t backfire on you.  When talking money, it is never wise to discuss compensation with friends and co-workers.  If your friend offers to counsel you on compensation negotiations, politely refuse the offer and handle it yourself.  No need for hard feelings or misguided counsel once they realize you are parleying for higher comp than theirs. 

Remember that you will have to decide if issues with the firm or negotiating with the firm are worth risking the friendship.  Sometimes it’s best to keep your allies at a distance and make your own opportunities.

So instead of relying on friends, why not trust the professionals?  This is your career we’re talking about!  You are a valuable asset and should be presented in that light.  An experienced, talented recruiter who knows the market, firm reputations and the right contacts can open doors for you that would never be accessible on your own.  You will know you are in good hands when your recruiter guides you through the entire process – from presenting firms to you that are a good fit both financially and culturally, to working on a business plan, completing questionnaires, and most of all assisting in the negotiation of your compensation and bonuses.  A recruiter that personally knows the hiring partners and recruitment coordinators can provide invaluable insight to a multitude of factors that can affect you including financial performance and stability, management style, and reputation.

Recruiters and headhunters can provide a smooth path to finding your new firm; however, it is important that you make the initial move.  Don’t just wait for them to find you!  You have to be assertive enough to initiate the first contact if you are ready for the change.  You have to do your own due diligence on firms that will best suit your practice and clients.  Being educated on the market, firm styles, and what each has to offer the other is working smart.  Often a headhunter is searching for someone to fill a specific slot within one particular firm.  That may not be the optimum position for you.

The key to a winning relationship with an experienced legal recruiter is to work as a team.  Be open to options you may not have considered.  Be sure your agent has quality information about as many firms and opportunities as possible.  Likewise, present firms that you have researched to the recruiter.  A seasoned recruiter can give you insight to a firm’s historical financial information; compensation arrangement; sources of capital; client base, as well as other issues. Additionally, you must consider the firm’s culture – will you be happy in that environment?  The way you are treated at your firm affects how successfully you practice law.  With the right support you can become an essential and vital team member.  If the firm is open to your associates joining you in your move and there are opportunities for them to make partner, it shows that they are interested in their strength and longevity.  Your recruiter may have already placed attorneys at a specific firm and can share previous experiences that demonstrate the firm’s culture.

And then of course there are issues of how to handle the process itself.  It may be years since you have had to prepare a resume or answer questions in an interview.  Your legal recruiter can advise you how to judiciously provide information to a firm you are in discussions with, what a partner can tell his or her clients about a possible move, and what to expect once you give your notice.  Counteroffers often lure a partner back because it is easier than the change but do counteroffers ever really prove to be beneficial to the partner? Your recruiter can provide guidance on these questions – rely on them to pilot you through the process step by step.

Be flexible and open to new ideas.  Listen and be patient.  Honest, open communication between you and your recruiter will result in more than just one opportunity knocking at your door!  Work smart with your recruiter to find your new firm and as a result, you, your clients and your new employer all reap the benefits.

Nancy Grimes has over twenty years’ experience serving the legal industry.  Clients include international, national, regional, local and independent law firms and attorneys.  “Counsel to Counsel” is updated weekly.  Have a question you’d like answered?  Email it to ncgrimes@grimeslegal.com.

We all know today’s legal market has unique challenges.  With the uncertainly still looming over the financial markets, many law firms have been forced to lay off attorneys due to the substantial drop in transactional work.  Simultaneously, the overwhelming losses in the stock market have nurtured an abundance of litigation cases, which will likely steer Congress to establish more strict regulations for the financial industry. 

So…in light of this not so thrilling forecast, how do you stay nimble and place yourself in a position to exact the most benefit from the current market situation?  How do you solidify your client relationships to keep them enamored with you?  Answer: Do some soul-searching and ask yourself these thought-provoking questions.  If you answer them honestly, they will help you determine if you should weather the storm with your current firm start to look for new digs.

1.     Are you satisfied with your firm’s reputation in the legal and business communities?

2.     Is your firm well managed?

3.     Are you optimistic when it comes to the financial health of your firm?  Do you believe management is making the right decisions regarding the firm’s future?

4.     Does your firm provide the platform you require for building your practice?  Does your practice coincide with the strategic vision of the firm?

5.     Is the firm committed to marketing?  Does the firm provide you with the resources you need to successfully market your practice?

6.     Are firm billing rates compatible with your specialty and your clients?

7.     Do you have the opportunity to share in important departmental and firm decisions?  If you desire to play a leadership role in the firm, is it a possibility? 

8.     Do you feel you are compensated fairly when compared with your peers at your current firm and with those at similar firms?

9.     Is your firm a good cultural fit?  Do your peers share your views of work/life balance and superior client service and reputable character?

10. Do the firm’s physical surroundings provide an atmosphere where you can be productive?

11. Do you feel respected and valued by your peers?  Do you respect and value your colleagues’ legal work?  Are you comfortable referring your clients’ matters to them?

12. Do you receive adequate support from associates, paralegals and support staff in order to get work done in a timely fashion?

13. Is the firm committed to pro bono work and community service in a way that coincides with your values and beliefs?

14. Is law office technology at a level that fully supports your practice?  As office technology is updated, does your firm provide adequate assistance and training? 

Nancy Grimes has over twenty years’ experience serving the legal industry.  Clients include international, national, regional, local and independent law firms and attorneys.  “Counsel to Counsel” is updated weekly.  Have a question you’d like answered?  Email it to ncgrimes@grimeslegal.com.

                                                                                                                    By:Nancy

A brief news item entitled “Bill would expand Aging department’s oversight” by Scott Gilbert, posted on July 16, 2009, by WITF (Harrisburg, PA), noted the proposed restructuring of the Pennsylvania Office of Long Term Living (OLTL) into the Pennsylvania Department of Aging (DoA)

All long-term living facilities, for seniors and younger people alike, may soon fall under one state agency.

The departments of Aging and Public Welfare currently share oversight of the Office of Long-Term Living. But the House has approved and sent on to the Senate a measure that would create the Department of Aging and Long-Term Living.

Crystal Lowe, who heads the Pennsylvania Association of Area Agencies on Aging, says the move makes sense.

Among the functions that would be shifted out of DPW is the licensing and regulation of personal-care homes and assisted-living facilities. Lowe says her group supports the legislation, provided the merger would not diminish the Aging department’s ability to advocate on issues unique to seniors.

The proposal was discussed at a meeting, held May 28, 2009, of the Medical Assistance Advisory Committee (MAAC) of the Pennsylvania Department of Public Welfare, when a resolution was adopted anticipating the organizational move of OLTL from DPW, to the DoA.

The Consumer Subcommittee made a motion that the Memorandum of Understanding formalize the role of the MAAC and the MAAC Subcommittees to continue to serve in an advisory capacity on the MA Programs that are moved to the Department of Aging and Long Term Living and that includes having someone come to the MAAC, not only to give reports, but to provide draft documents for comment and discussion for the MAAC to provide an advisory role independent of other committees.

It appears that the DoA anticipates receiving the prime role of addressing long-term care needs in Pennsylvania, as explored in its recent Summit held in State College.

A Press Release, entitled “PA Department of Aging Explores Needs of Older Adults at Senior Center Summit” (06/30/09), noted an information-gathering process that focused on the role of the existing senior centers statewide.

The Pennsylvania Department of Aging and the Long-Term Living Training Institute have heard valuable insight from experts in the aging field and older adults during a two-day conference attended by over 300 professionals and consumers.

Pennsylvania has over 600 senior centers where older citizens go for support, camaraderie, meals and access to important information about programs that can help them.

“Senior centers offer a lifeline for many older residents who otherwise would be isolated,” said Department of Aging Secretary John Michael Hall. “Pennsylvania seeks to improve programs and access to centers across the state and to find innovative ways to make them more appealing, efficient and worthwhile for members.”

Discussion groups focused on the changing role of senior centers, fundraising techniques, creating a business plan and making the centers better places for older residents to go. Objectives of the meeting include improving ways to transport seniors to centers in rural and suburban areas and finding more and better ways to sustain operations in a cost-effective way.

The legislation that would accomplish the restructuring is PA House Bill 1152, presently in Printers No. 2212 (28 pages in PDF format), which is summarized simply as “An Act establishing the Department of Aging and Long-Term Living and providing for its powers and duties; and making related repeals.”

According to its Legislative History, HB 1152 was introduced on March 31, 2009, approved by the House on June 30th, and then was referred immediately, in the Senate, to its Aging & Youth Committee.

Very relevant to the discussion about regulation of personal care homes in Pennsylvania is Section 4’s empowerment that, among other missions, the proposed, newly-named “Department of Aging and Long-Term Living” shall administer and supervise a domiciliary care program for adults.

More specifically, under Subsection 9.1, the new DA/LTL shall: “License and regulate personal care homes and assisted living residences under all powers previously granted to the Department of Public Welfare as provided in Articles II and X of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.”

The new DA/LTL would also handle programs for Pennsylvanians who are older or who have disabilities. Section 4, in Subsection 10, provides that it shall “[a]dminister and supervise an attendant care program for people with disabilities under the act of December 10, 1986 (P.L.1477, No.150), known as the Attendant Care Services Act, and any related home and community-based services waiver for older adults and people with disabilities.”

The legislation also projects a sweeping vision for long-term living in Pennsylvania.

Section 4, Subsection 12, provides that the new DA/LTL shall:
In cooperation with the area agencies, Federal, State and local agencies that support people with disabilities and older adults, service providers, centers for independent living and support organizations, work toward the development of a continuum of home and community-based service, transportation and housing options for older adults and for people with disabilities designed to maintain them in the community and avoid or delay institutional care when clinically appropriate.

The department shall ensure that consumers are made aware of the availability of nursing facility services or other residential settings when identified as a clinically appropriate option.

System development activities shall include coordinating the Commonwealth’s plans for the provision, expansion and effective administration of all of the following:
(i) In-home services that recognize consumer choice, including personal assistance and supportive services, which shall include consumer-directed services.

(ii) Housing options such as service-enriched housing options, personal care homes and assisted living residences and nursing facility services, when clinically appropriate.

(iii) Special services to caregivers who support people with disabilities and older adults, recognizing the important role that families play in helping older adults and people with disabilities to live independently.

(iv) Adult daily living center services, respite services and other community-based services to support caregivers.

(v) The promotion of informal community supports.

(vi) Comprehensive and ongoing assessment programs.

(vii) Counseling programs to assist individuals in determining appropriate long-term living services.

(viii) Special advocacy efforts to promote greater awareness of, and more effective response to, Alzheimer’s disease and other related dementia.

(ix) Activities and services at community senior centers.

(x) Wellness and preventive health programs.
Although this may appear initially as an organizational shuffle, I think that it represents more.

This is a potential restatement by the legislative and executive branches as to who, in state government, will work in a coordinated effort on issues of older and disabled Pennsylvania citizens far into the future.

Neil E. Hendershot is a practicing & teaching lawyer in Harrisburg, Pennsylvania who works daily in the legal areas covered by the PA EE&F Law Blog

                                                                                                                                                                                                                                                                                                                                                                By: Nancy C. Grimes

President, Managing Partner

Grimes Legal, Inc.

Nancy Grimes has over twenty years’ experience serving the legal industry.  Clients include international, national, regional, local and independent law firms and attorneys.  “Counsel to Counsel” is updated weekly.  Have a question you’d like answered?  Email it to ncgrimes@grimeslegal.com.

The Question:

After almost three years as an associate, I’m not sure I want to practice law. I’ve considered making a move to another firm, but I feel a change in venue is not the answer.  As I research the internet and speak with friends and family, I feel there are many more creative avenues I could entertain with my legal degree.  Any suggestions on what I can be doing now to gear up for my career change besides read internet sources?

Craving Creativity

The Answer:

Dear Craving Creativity:

After almost three years in practice, you seem to be unsure about your career path. I’m gathering from your question that you very intellectual and are drawn toward “something creative.” At the same time, you leave an opening for continuing to practice law.

To confirm whether you are ready to give up law practice, self-assessment exercises can be helpful. Consider your reasons for going to law school and whether you can fulfill them in any type of practice. Assess whether different practice areas or settings would interest you. Consider the skills that you like to use and whether law gives you an opportunity to use them on a regular basis.

If you determine that no other practice appeals to you, the same self-assessment exercises can help you identify the skills, work values, work settings, and interests that you would like to incorporate in a different career path. You have already singled out creativity as an important element in whatever you do. Creativity can take many forms and be found in many different careers.

Three of the books that contain self-assessment exercises are: What Can You Do with a Law Degree? A Lawyer’s Guide to Career Alternatives Inside, Outside & Around the Law, by Deborah Arron; The Lawyer’s Career Change Handbook - More Than 300 Things You Can Do with a Law Degree, by Hindi Greenberg; and Alternative Careers for Lawyers, by Hillary Mantis. Those books are also a source of information on diverse types of careers and may help you determine paths that appeal to your creative side.

After you figure out one or more potential new career paths, your next step is to learn more about them. Internet research can be a starting point. As you recognize, you must go beyond reading about careers.

To gain a deeper understanding about different careers, you can talk to individuals who are doing what you think you want to do. In an informational interview, you can find out whether your idea about a career matches the reality of the work; for example, how much of the work is creative. Be prepared to ask questions that can help you determine whether you are on the right track. Some possible areas of inquiry are the individuals’ career path, what attracted them to the career, their responsibilities, their challenges, and opportunities within the field.

As you learn about each individual and her or his career, be sure to discuss your background and experience, including how it may be transferable to their field. Ask for suggestions and resources related to how you can develop skills and knowledge that can help you make a transition. Seek referrals to others so that you can continue to gather information and become known to individuals who may open doors to a new career.

Take the time to learn about yourself and the types of opportunities that interest you. Creativity and resourcefulness can help you discover and pursue your calling.