Secrets of Highly Successful Law Firms

Pssst… Secrets of Highly Successful Law Firms FDCC Annual Meeting The Greenbrier White Sulphur Springs, West Virginia July 27-August 2, 2014 Neil Gol...
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Pssst… Secrets of Highly Successful Law Firms FDCC Annual Meeting The Greenbrier White Sulphur Springs, West Virginia July 27-August 2, 2014

Neil Goldberg, Goldberg Segalla, Buffalo NY Deborah Kuchler, Kuchler Polk, New Orleans LA Michele Miller, Miller Law Group, San Francisco CA Michael Tanenbaum, Sedgwick, Newark NJ Richard Traub, Traub Lieberman, Red Bank NJ

Moderator: Brett J. Preston, Hill Ward Henderson, Tampa FL

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VALUES THAT FOSTER EFFECTIVE STRATEGIC PLANNING FOR THE SUCCESSFUL LAW FIRM OF THE PRESENT AND THE FUTURE Neil A. Goldberg, Esq.

What Values are Required to Successfully Implement a Strategic Plan?      

Successful communities agree to enforce shared values. Education Leadership Proper support and resources for our community Compliance is enforced and reinforced, if necessary with consequences. An inability to adhere to the community’s values requires disassociation with the community.

Our Commitment to Each Other  

   

Create a supportive environment. Focus on TEAM – Together Each Achieves More. o Marketing o Planning o Administrative o Client Matters o Success, not “credit” is what motivates us Leaders embrace being “managed” on compliance and mentor others. We strive to exceed expectation We embrace innovation and creativity Invest in superior support staff, internal systems and technologies.

Key Team Values 1. “Get it done” attitude – Customer/client satisfaction is a top priority at our firm. Solve the problem – don’t blame or make excuses. 2. Ethics – Zealous advocates who play fair and by the rules. 3. Appreciate and Listen – We devote non-billable time to helping each other when facing sensitive client or personal issues. 2|Page

4. TEAM FIRST – No Lone Rangers – One office, practice group or person does not take priority over another. We do everything as a team and must always think as a team. 5. We must learn and develop new skills, and encourage others to do the same. 6. Accountability 7. Reliability 8. Open Door – Approachable 9. Integrity & Ethics – no lies, no agendas. 10. No jerks! – Diplomacy, courtesy, professionalism is key, no drama, judgment, respect 11. We WILL create opportunities for each other

Unacceptable       

Abuse of power or position Any disrespect shown by anyone else Anyone who is abusive Back stabbing One office, practice group or person doing anything unilaterally Being late to meetings. (On-time is 5 minutes early) Not responding to e-mail or other requests

What We Must Be Intolerant Of                   

Failing to keep information confidential Bullying Rivalry Political Agendas Cross-departmental rivalry Cruising Dealing in blame Derogatory statements Drama Disrespect of any kind Risky clients, where there is the potential of failure from a relationship standpoint Clients who abuse our people Gossiping, whining, complaining. Hiding from accountability Lack of teamwork Bad coaches Non-compliance with standards People who try to make their own rules Screaming 3|Page

 

People who don’t hold up their end of the deal Shirking or dumping responsibility.

Additional Values for Success Financially successful firms outperformed the rest on 85% of the following: 1. 2. 3. 4. 5. 6.

Generating enthusiasm and morale Encouraging the best work out of everybody Fostering commitment and loyalty Listening to our people Being trustworthy Operating in accordance with the firm’s overall philosophy and values: “practicing what we preach”

Value Proposition     

Create a Climate where truth is heard through firm, offices and practice groups Don’t let vision and self-confidence get in the way of dealing with truth Autopsies without blame Build mechanisms to turn information into red flags that cannot be ignored Commit to a values statement and have community sign endorse it

Bibliography True Professionalism: The Courage to Care About Your People, Your Clients, and Your Career David H. Maister, Free Press, 2000 Wooden on Leadership: How to Create a Winning Organization John Wooden, McGraw-Hill, 2005

PHILOSOPHY LEADS TO PROFIT Deborah Kuchler Developing that essential collaborative atmosphere requires firm leaders to ask the critical question: What are the firm’s overarching principles? These principles should be the 4|Page

beacon by which key strategic decisions are guided. Firm culture should reflect those principles. And, to promote diversity in the workplace, flexibility needs to be woven into the fabric of the firm.

The Issues The core issue is whether the firm will chart its course based on how much money can be made or saved by each decision or based upon the firm’s principles. Often business owners put profits above all else, assessing problems and solutions in the way that maximizes money in the coffers. While being profitable is certainly a key component of any business – including running a law firm – it’s not the sole goal. Can the firm adhere to solid principles and philosophies and earn higher profits in the long run? Absolutely.

The Challenges In the busy world of today’s lawyers, it’s hard to find time to reflect on the firm’s core principles and strategic goals. Deadlines, client needs, trial settings and the like keep our attention focused on immediate needs. So, it is a challenge to find time to thoughtfully consider what the firm stands for. Yes, the firm stands for delivering high quality legal services for a good value. But, that’s really the base line. That’s the firm’s invitation to the ball. Keeping the glass slippers past midnight requires much, much more. Even when the firm has taken the time to define the philosophies by which it will be guided, putting those principles into action is often challenging. It’s tempting to take short cuts or make exceptions under the guise of efficacy. Resist the temptation! Creating a workplace culture that fosters excellence, individuality and independent thinking is a laudable goal but one which is harder to do than to say. People need to feel appreciated and valued. Again, because of busy schedules, law firm leaders often forget to acknowledge a job well done or say “thank you.” That costs nothing and engenders good morale and loyalty. Work-life balance is a term often tossed around. Yet, providing flexibility to permit that balance is often seen as an insurmountable obstacle to many firms. Diversity involves more than representation of women and minorities in the workplace. Diversity means allowing people the freedom to develop the work-life balance that matters to them as long as the work is done reliably and well. Much consideration is given to working moms. But, what about working dads? Fathers are more involved in their kids’ lives than ever. Many want flexibility to coach the soccer team, attend the chess match or video the dance recital. Apart from 5|Page

parenthood, some lawyers face eldercare issues requiring flexibility. Others want flexibility to pursue issues apart from the law.

Steps in the Right Direction How do we address these challenges? 

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Set aside uninterrupted time for firm leaders to outline the principles by which the firm will be guided. Some examples include: o Do the right thing and not necessarily the convenient thing. o Be scrupulously honest. o Always take the high road. o Do not fudge on client conflict issues. o Remain loyal to clients based on relationships and not based on perceived dollars in the door. o Never compromise quality. o Value people for their individual strengths. o Be wisely compassionate to employee needs. o Keep the firm debt free. o Pay people what they are worth and not the least you can get away with. o Give back – be a giver and not a taker. o Promote the good of the team, build each other up, share the glory and the blame. o Check your ego at the door. Communicate those principles to firm employees and make it clear that they, too, are expected to comport themselves in a way that honors these principles. Model these principles every day. Acknowledge, where appropriate, when others reflect the firm’s principles. Take corrective action when they don’t. Broaden your view of “diversity.” Be creative in formulating solutions to work-life balance issues.

While many of these concepts sound intuitive, it will take a concerted effort by the firm to articulate them and then put them into action. The result can be a workplace where integrity is the guiding light, high quality legal work is done and people are happier doing it.

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THE IMPORTANCE OF BRAND Michele Ballard Miller There are many reasons why we choose to start our own businesses, merge with another business, or expand an existing business. A recent (and informal) survey conducted by Inc.com uncovered the top reasons why small business owners started their own businesses. Key motivators include wanting to reap greater financial rewards; have more control over your destiny; have a work-life balance; choose the people you’re working with; find new challenges; and connect directly with clients. But is a hunger for financial success, challenge, or balance enough to ensure success in a new or growing business or partnership? Probably not. It’s no secret that law firm failure rates are high, and even many law firm mergers fail, despite the passion and drive of the founders. So what is a key differentiator between firms that succeed and those that fail? How can you build a business that is sustainable and successful? Fifteen years ago, I left the partnership at a large national firm to start my own firm. My vision was to build a women-owned law business that focused on employment litigation specifically for California employers, but also provided a work-life balance for our lawyers and staff. That was our niche – it was how we were going to be different from the firms at which I’d spent my career thus far. I knew enough, however, to recognize that just having a vision doesn’t translate into new clients walking through the door. We had to figure out how to turn the vision into our Brand.

Issues and Challenges The reality is that, with some exceptions, there is not a lot of “new” work to be had for law firms. As a result, new business for you means taking business from someone else. By the same token, there are a lot of law firms that do the same types of work that your firm does. And many of them, like your firm, perform quality work. Building your firm’s book of business means finding a way to stand out from the pack, be recognized, and resonate with clients and potential clients. And that’s where branding comes in. For law firms, a successful brand is not just about a fancy logo or catchy slogan. It’s about communicating who/what your firm is, along with your strengths and differentiators. What makes your firm distinctive? It’s a promise of what your firm will deliver. For example, a firm’s brand might focus in on specific practice areas or unique services, focused industry segments, or regional (or even global) expertise. A brand can also emphasize, for example, alternative fee arrangements, value-added benefits, client service values, or firm culture. Creating your brand is the first step. From there, you have to build the brand, making sure that it is strengthened through your firm’s business and marketing efforts. Then the brand 7|Page

has to be maintained through focus and consistency. And even the strongest brand has to be continually evaluated and to adapt and evolve to meet the changing needs of clients and the legal services market.

Steps In The Right Direction Having a strong brand will help put your firm on the radar, and lay the foundation for building, developing and maintaining lasting relationships with valued clients. Here are some steps firms can take to create, build, maintain, and adapt their brands:   

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Find your differentiators. How are you different from your competitors? What can you offer that’s unique? And which of those factors will resonate with your intended client base? Be focused. In developing your brand, stay focused on the fundamental differentiators for your firm. Going in too many directions and trying to be too many things to too many sectors will more likely dilute your identity than enhance it. Develop a strategy. Determine how your firm wants to be positioned. Make sure you incorporate research on who your audience is, the legal market, your competitors, and other relevant factors. From there, your branding, in all its forms, should reflect that positioning strategy. Be creative. Find innovative and imaginative ways to market your brand, always staying attuned to reach your target audience. Be consistent. From printed materials to websites, to social media posts and speaking engagements, to one-on-one meetings and recruiting, advertisements, and sponsorships, your branding initiatives should be consistent with each other and consistent with your firm’s strategy. Be proactive. Periodically assess and update your brand in light of changes in market conditions, the legal practice, and within your firm. Raise brand awareness internally. Make sure that your lawyers and staff understand the brand, and their roles in building and communicating the brand, as applicable.

In closing, I want to share one of the most important marketing lessons I’ve learned over the 15 years since I started my firm: Whether the law firm brand is specialized legal expertise, experience with an industry sector, alternative fee arrangements, diversity, work-life balance, or something else, a brand that is only “skin deep” won’t help you stand out in the long term. Marketing your brand may help get your foot in the door at a new client – but that client will keep coming back, or refer you to others, only if you’ve delivered on your promise, and your brand. TRANSFORMATIVE LEADERSHIP IN THE NEW AGE

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Michael Tanenbaum Cross your arms. Now cross them the other way. And since something as simple as that feels uncomfortable, imagine how hard real change feels. Diverse leadership broadens intellectual horizons, cultural understanding and improves performance at all levels. Having divergent views to consider allows a broader and more inclusive understanding and improves the final work product we provide our clients – the classic example for trial lawyers is the increased understanding and communicating with witnesses, jurors, and judges who will inevitably come from various cultural and ethnic backgrounds and perspectives. Despite efforts to increase diversity in leadership roles, we must acknowledge the reality that lawyers hate change, and that transforming leadership will not happen overnight. The following will discuss the issues, challenges, and solutions affecting the transformation of law firm leadership to a new diverse platform.

The Issues The core issue is that law firm leadership, as a whole, has not kept pace with the changes in diversity reflected in our clients and groups related to the practice of law. Law firm leadership remains OWMD - Old White Men Dominated. Whether leadership opportunities are highly structured or ad hoc, too few of them are filled by women, LGBT or ethnically diverse attorneys. One contributor to this is the lack of structured and focused on-the-job leadership training opportunities. Even if law firms wanted to implement such programs, they lack the resources to develop in-house leadership training programs that other industries have – both due to limited economy of scale or because the legal industry has traditionally not made this as much of a priority as others. In addition, billable hours lead to profits for a firm and standing for an attorney, so even as non-billable training is made available, it is uncertain attorneys would take advantage of the opportunity. And, ironically, as clients and law firm attorneys increasingly expect law firm leadership be reflective of their demographics, those not responding quickly enough will lose client work and further diminish the resources to support training and provide diverse attorneys the opportunity to gain experience and profile.

The Challenges Imposing diversity simply does not work. Law firm leadership at various levels is elected, and, too often, there are not enough diverse attorneys who can be credibly put forth. In advance of putting a candidate forward, firms also have traditionally failed to provide the leadership training that would help qualify a candidate. Further, advancement into leadership positions often requires the skills to navigate internal political minefields – something that law firms typically teach through trial by combat. And, for women, American culture has created 9|Page

certain expectations for family style needs and desires which create barriers to advancement into leadership.

Steps In The Right Direction No single artistic leap will make these challenges disappear – but there are solid steps that will move us to a new age: 

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Openly identify attorneys who have the potential to become leaders. Do so by first gathering information and perspectives about candidates broadly, engaging your partners in the process and ensuring a diverse participation that will support a diverse result. After that broad opportunity for engagement, move to decisive and courageous selection by firm leadership. Hold senior leaders accountable for one-on-one mentoring and coaching to assist leadership candidates navigate the inevitable political minefields. Deliver innovative and effective leadership training for these diverse attorneys at different stages of their careers. Use firm professional resources including professional development, marketing and human resources. Firms should be educated about and openly recognize and discuss the cultural expectations causing barriers into leadership ranks for women and determine what they can do internally to overcome them.

Law firms have a unique responsibility and an equally important need to ensure that all views are given the opportunity to be heard. Successful education and integration assures institutional success by meeting client needs, advancing the quality of legal work and improving client service. Firms that do all of this add substantially to an essential collaborative atmosphere that provides a competitive edge to meet the increasing demands of the age that we live in.

NOT SO SECRET SECRETS OF MANAGEMENT AND LEADERSHIP Richard K. Traub When I was asked to participate in this panel and discuss the secrets to starting and managing a successful law practice, my first thought was the old joke – how do you make a million dollars and not pay taxes. First, you make a million dollars and then, you don’t pay taxes. My second thought was to the old movies were the neighborhood kids say: hey gang, let’s put on a show and it comes off flawlessly. In other words, first – you start a law firm, and then you worry about the business.

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While there is a bit more to it, starting a law practice is in some respects just like that. Find the best talent, the brightest and hardest working attorneys, convince them that they should become your partners; and the clients will come. But that is when the hard work starts. How do you keep the partnership together, grow it, manage it, and make it an enjoyable, profitable, and excellent place to work – while at the same time providing the clients with top quality legal representation in the manner they wish. It is not a simple undertaking. Like the advise one of my friends gave me when we first opened - “make sure your expenses don’t exceed your revenue.” A good idea for sure, but there is so much more to it. Most firms have the same strategy: provide outstanding client service, be a team player, provide a good place to work, invest in the future. Truth be told, that is the only reasonable business strategy. Just because we all have the same strategy or understand these basic concepts, however, doesn’t mean we are doing it or that it is easy. The real skill lies not in figuring out what to do, but figuring out how to do it and then doing it. And sometimes, it takes courage to do it. Some firms choose to grow organically, some thru acquisition or merger, some have an open pay structure, some closed, some are national, some regional and some local, some step ladder salary and others are merit based, there is no one right way. But there are certain things that should be uniform and are almost certainly and consistently found in all successful firms. They include understanding the role of administration, management and leadership, the difference between them, placing the right people in the right job based on their talents, and knowing the importance of understanding the client and their business. Again, recognizing what needs to be done in your firm is the easy part, making it happen is the true test. As you will see, I am a disciple of David Maister.

Management and Leadership Management First, recognize that it is no sin not to be a good manager. But ask yourself, where do I make a difference? Is it administration or perhaps marketing or maybe client relations? Success is not all about “can you generate business”. Nor is it about being a good administrator or being good with numbers - in fact, I have come to realize that everything I learned while obtaining a degree in finance, plus 2 years of statistics and year in the study of Monte Carlo Simulation, is now found in the basic package of Microsoft Excel. So again, examine the critical parts of nurturing a practice and identify how much time should be spent on each. 1. Administration and Finance a. Be involved at the most critical points – where you can make the biggest difference. Give the rest to the professional administrators. b. Should be low percentage of your time. 2. Marketing and Selling – as distinguished from client relations. This relates to new business. If you are good at this, clearly 500 hours of time developing $1 Million 11 | P a g e

in business is more productive than billing $100,000 (plus or minus) – but not if this isn’t your niche. 3. Client Work – being a superior lawyer. Each and every lawyer must reach this goal first. Young lawyers should not even think about marketing before they think about improving their skills to the point of excellence. Performing and providing excellent legal services is the best marketing they can do. 4. Client relations – talking with people at your existing clients’ organizations. What is new with your business; what is important to you and your business; what are you worried about; are you happy with what we are doing? 5. Spending time with the people in your firm. Most of you will be surprised to hear this, but in my experience, this is the single most valuable trait of a great leader and manager, and my number 1 secret. A leader or manager does not build a business. Rather, the successful leader builds an organization that builds the business. That is – teach others to generate business, teach others to be the best lawyer they can be, teach others how to keep clients happy and engaged, allow staff to be happy and engaged. These things require you to spend time with your people. The least value added of the above talents is administration and finance. That is not because it is unimportant; it is because it is unimportant for the attorney leader or manager to be involved so deeply in that process. The single most important talent of a leader is talking/listening to your people, keeping them enthused, energized and maintaining a strong bond. Leadership So, what are some tips or “secrets” for the leader? 1. Excite, energize and infuse your attorneys and staff. Is your staff excited to do their work? Creating that energy is not “systems” – it’s the talent and energy of the leader. 2. “Emotional intelligence”- the ability to understand, interpret, and respond to the emotions of others in your firm. Use this to energize, excite and infuse the others in your firm. Be intellectually obvious and emotionally hard. You do not want your firm to be a random collection of individuals – there is no value in that. There is only value if you operate as a firm. 3. Most law-firms are superbly administered and poorly managed. Work on the management and leadership, not the bean counting. 4. Incentives alone don’t do it – you must actually talk to people. The key is effective communication. 5. Agree on what the job is – it’s not just watching the numbers. 6. Do you have the guts to do the hard thing? To have values - i.e., if you don’t get along, get a divorce. 7. Help people see work as exciting. Help them find the magic in the mundane.

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8. Practice what you preach; you have rules, now follow them. Ambiguity is the problem. If there are no rules or standards, then you can’t manage. 9. Making mistakes IS NOT A PROBLEM. Not trying IS A BIG PROBLEM. 10. If we hate what we do and hate our clients - slit your wrists or find something else to do. Do not do tolerate things or tolerate people just because they pay us. 11. Reaching your billable hour goal is important, but not the sole objective. If you can delegate a task, delegate it and use that time to work on talking to your people and clients. 12. Choose your managers on the correct criteria – i.e., he or she must embrace and be energized with helping others exceed their goals and raising their game. This is not the person with the sharpest pencil or the biggest rain-maker. It is the person who can excite and motivate others to build the business. 13. Knowing business and managing is very different. Being smart is not sufficient in and of itself – we tend to reward people for the wrong things. Getting your team to raise its level – how well the team does is the best measure. 14. The way to make money is not by focusing on the money; rather, it is by doing the things that make money and getting your team to do those things together. 15. Trust: make sure the person you are trying to coach understands your motives i.e., a senior attorney in your office may already believe himself to be successful. Make sure they understand why they should listen to you. a. You will have more fun and success by helping others achieve their goals rather than doing it on your own. So, to get something from Mr. X, what are you going to give him? Show him that you care. Making another person do what you want by giving them something they want. b. i.e., NOT – your “hours are too low, bring them up”. Rather, “what do you need to increase your hours” c. Don’t talk about firm, talk about the person and his or her value to the firm. d. Reinforcement of ideas (positive) not criticism. If you are trying to get someone to move forward, don’t criticize. If you want to have influence, don’t criticize. e. Do you want to be right or do you want to get what you want? 16. Performance appraisals are useless if it does not motivate improvement. If you are not ready to help them, you are not ready for the review. a. Drop by and discuss things with each attorney. No need to save up a full year for a formal evaluation nor is there a need to save up a full year’s worth of criticism for evaluation time. Provide feedback as things happen – one issue at a time when it does not impact salary. Give attorneys an opportunity to improve while the issues are still fresh. How can we expect improvement if we do not advise of a problem. Once you have a manager in place, how do you judge the success of that managing partner? Simply put, it is the success of the group that matters. The same standard used to evaluate individual performance should be applied to evaluate the manager. Leadership is not 13 | P a g e

about saying “Charge”; it is about saying “Follow Me”. What are some of the qualities of a good leader and where should the leader be prepared to give feedback? a. Be prepared to be held accountable for your performance. I am accountable for my performance, now how about you? b. Causes one to push the envelope and performance goals. c. Concerned with long term vs. short term. d. Constructive feedback is given to employees – not criticism. e. Is a source of creative ideas about the business. f. Helps others be creative and helps them grow and develop. g. Conducts meetings in a manner that breeds involvement. h. Makes all feel part of a well functioning team; a well oiled team will sell itself. An individual will not. i. Emphasizes cooperation. j. Prompt in dealing with under performers. k. Helps you understand your tasks. l. Keeps you informed of what your role is. m. Encourages the volunteering of ideas and suggestions. n. Keeps the level of politicking down. o. Accessible. p. Consultative in decision making – builds a consensus. q. Is more of a coach than a boss. r. Publicly generous with credit. s. Effective at communication. t. Do the unexpected occasionally – don’t take each other for granted. u. Work really hard at listening. v. Celebrate individual or group achievements. w. Make sure this list is reviewed, updated, modified often and as needed. x. Maintain the gold standard – create high standards and enforce them and offer help on how to get there. NOT – “we are no worse than anyone else”. If you don’t live up to the standard, you are gone. y. Do you want to be a firm that grows or one that coasts? z. Do not hire dynamos and then leave them alone – Manage properly and even the dynamos will be manageable. So You Can Sell Brains: For unique or complex cases, bet the business type cases, sell the talent and brains you have in the firm along with their creativity. Gray Hair: Sell your experience in the area of practice discussed. Procedure: Sell efficiency. For certain run of the mill matters, most firms will have your experience – so sell you procedures for efficiency. 14 | P a g e

Some clients are result oriented. Those are the ones that really don’t care about anything else. It’s like brain surgery, they will be unconscious for the procedure and pretty much just want to wake up alive and healthy with cost being no object. On the other end of the spectrum are those who value procedure perhaps even more than the result. We can liken them to a headache and keep in mind, more people have headaches then need brain surgery. For these clients, they are equally as “results oriented” i.e., make the headache go away, but it has to be cost effective. Most, particularly in the insurance world, are “results plus clients”; that is, they want to be informed, involved in the case and both are as important as the result. That is like going to your family doctor (if there is such a thing anymore). He or she knows your family history, your health history and probably genuinely cares about your health. What does this tell you? That we must apply the correct amount of time and talent to the right case. How much of your time is spent doing work that does not require your level of experience or talent? It can work the other way as well. Is the matter outside your talent and experience? Are we wasting time and efficiency to the detriment of the client? You cannot and should not stop being a brain surgeon to run the clinic for four to five years and then go back to brain surgery. You have to stay a brain surgeon while you are managing – at least ¾ of your time. At the end of the day, treat every client as if they are your only client. Build relationships with them. Do not rely on one night stands. Work smart and apply the right time and talent to each matter.

Take-Aways: Some Hard and Fast Rules: 1. Build a consensus on every major decision, once that is reached, shut up and live by it. 2. Never borrow money unless it is to meet your payroll and if you have to do that, something else is terribly wrong. Figure that out. 3. With clients, it is not about being right, it is about being helpful. 4. Treat every client as if they were your only. Client satisfaction is the top priority at our firm. 5. There can be no room for personal agenda being placed ahead of the interest of the clients or those of the firm. 6. There must be team work and it must be enforced. An assembled and quality team will sell itself. 7. Those that contribute to the overall success of the total office are the most highly rewarded. 8. The best management gets the best work out of everyone in the office. 9. You must learn and develop new skills all of the time. Maintain your excellence. 10. Invest in those things that will pay off in the future. Do not be afraid to invest. 11. Treat everyone with respect and make sure that everyone in the office does the same. 12. High quality supervision on all client matters. 13. Maintain the quality of your professionals as high as possible. 15 | P a g e

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