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MEDIA REVIEWS How to Build and Manage an Estates Practice 2nd Ed. Reviewed by Don D. Ford III The goal is not perfection, but progress,” notes Daniel B. Evans, in the postscript to his most recent edition of what can fairly be called an estates practice primer well worth its weight. Eight years after his first edition, Evans is quick to credit his publisher for the opportunity to highlight progress and incorporate many of the significant changes seen in both technology and ethics that have reshaped trust, estate planning and probate practices across the country. The result is a second edition and accompanying forms library aimed to equip estates practices young and established for progress toward perfection. Evans’s work follows the “outside-in” approach of the American Bar Association’s “How to Build and Manage a Practice” series, providing the practitioner with a wide-angle perspective that carefully refines itself throughout each of his chapters. His initial thoughts on defining the lawyer’s estates practice, for example, include light but well-laid ideas about selecting particular categories through which to identify and brand the lawyer’s practice. Whether defined by asset group, client type, providing niche service or operating as a one-stop-shop, the practices identified by Evans are grounded in what makes the practicing lawyer happy. Even Evans admits that his is a book of ideas, and would readily concede that he has not mentioned nearly all of the possible ways to make an estates practice both well-tailored and enjoyable. Finding a client or two, and marketing the practice, should earn the attention of any reader, and here Evans begins to paint with narrower strokes without alienating a practice of any size or makeup. From publishing an interesting and useful newsletter that you can truly call your own to preparing for a speech in front of local civic organizations, Evans points out some insightful do’s and do nots. Do tailor your newsletter to highlight new services, changes in the law or popular topics which may ring true with prospective or current clients. Do not wait for public speaking invitations to find you – be proactive if speaking is your strong suit. Scratching even deeper, the book allows even the most resolute technophobe a practical look at utilizing the technology and marketing opportunities of the Internet. As the trust, estate planning and probate practices begin to involve clients that are more computer savvy than their parents, digital marketing is a must. A practice’s website, primed for Google and Yahoo searching through the use of industry-specific keywords, such as “probate,” or “estate administration,” may appear on the list of thousands of pages tagged with similar descriptions. Follow Evans’ advice, and tailor your indexing language to suit your practice and aid the seasoned web user, with keywords like “Texas revocable trust.” Use your firm’s website to provide readily accessible information or even statutory forms, Evans advises. The likelihood of earning goodwill with prospective or current clients apparently outweighs the dread of giving away the same product that you might sell them. Once Evans finishes covering the structure of the practice and the marketing ideas to make it both profitable and enjoyable, he reaches the brass tacks that plague more than just estates lawyers. Structuring a fair and protective fee agreement, dealing and communicating with clients (particularly families,) and creating a value-oriented billing system are the core of Evans’ work. Some topics are afforded disproportionate attention, but it is here that Evans seems to actually turn the how-to book into an excellent guide. California probate courts may not work like those in Texas or Pennsylvania, but Evans focuses on the similar issues facing an estates practice in any state. Addressing potential conflicts of interest between fiduciary clients and family members, determining whether or not to incorporate a flat-fee schedule of rates for estate plans or estate administrations and effectively (and ethically) communicating tax-planning strategies are each areas where estates attorneys across the board could use a little ongoing advice. Beyond the general, and honing in on specific issues facing estates attorneys daily, Evans adds his thoughts on providing a timetable of procedural events for fiduciary clients, automating the preparation of routine documents and deciding between the in-house or outside production of estate tax returns. His attention, and the well-discussed options outlined, is stimulating, but often returns to the same “find the right fit for you” mantra he adopted when he proposed that this was merely a book of ideas. How to Build and Manage an Estates Practice is completed with a comprehensive appended selection of forms, checklists and questionnaires that fledgling attorneys will find useful and veterans would argue are indispensable. Again, Evans is hamstrung by writing to a nationwide audience, but his forms and other materials are short while exhaustive and easily-tailored to be used by any Texas lawyer. For the established firm seeking to improve a practice that works, or the solo eager to take a successful plunge, perfection may not be attainable. Progress, on the other hand, is almost certain to result, when you approach this book of ideas ready to examine your business and strive to enjoy it. Don D. Ford III is the managing partner of Ford & Mathiason LLP, which has offices in Houston and Dallas focusing in the areas of estate planning, probate and guardianships. He is a member of the editorial board of The Houston Lawyer.
Leapholes By James Grippando Reviewed by John S. Gray and David F. Gray Are you looking for a great law-related book to suggest to your middle school kids as summer reading? Although it’s been out for over a year, Leapholes could be the perfect summer read. Leapholes is the first ABA-published novel aimed at middle school-aged readers. It is also James Grippando’s first effort to bring the law to life for children more comfortable with watching television and playing computer games. Leapholes is a time travel fantasy-thriller that has its characters zooming through “leapholes” that allow them to physically enter cases to come face-to-face with the historical events as they unfolded in some of our nation’s most famous cases—like Rosa Parks and Dred Scott. The ABA is touting this book as “Harry Potter meets John Grisham,” but the story is much closer in style to “The Magic Tree House” series of books by Mary Pope Osborne. Since Leapholes is aimed at readers my son David’s age, I asked him to read the book and contribute to this review. Leapholes centers on Ryan Coolidge, a boy whose father was recently sent to jail after agreeing to plea bargain. His mother insists that his father is innocent and that Ryan visit him in jail every Saturday, but all Ryan feels is shame—of his father and for himself—because innocent people do not admit guilt. The story begins with young Ryan racing away from home on his bike to avoid his mother forcing another embarrassing visit with his imprisoned father. As he makes his escape, Ryan is hit by an ambulance and taken to a hospital where a fire breaks out and he gets swept into a magical world where the law can literally come to life. Ryan faces a number of narrow escapes and gradually comes to accept that he is being recruited by Hezekiah (a sneaker-wearing eccentric elderly member of a secret society called Legal Eagles) to replace him. Hezekiah and the Legal Eagles introduce Ryan to a world of law that he never could have imagined—one with time travel! Using special tools called leapholes, Hezekiah travels back in time with Ryan to witness and experience events leading up to court decisions. In his travels, Ryan relives aspects of famous cases such as the William Brown (who lives, who dies) and Dred Scott (“the brood follows the dam”) decision dealing with issues of drawing lots to determine fate, slavery, the underground railroad, and abolitionists. Through the travels, Ryan learns that pleading guilty, or being charged with guilt, is not always what it seems. Grippando uses his background as a lawyer to weave a fast-paced story that takes a non-traditional look at the law (one that focuses on the people behind those laws) in an attempt to bring to life the sometimes confusing and seemingly remote world of law. By inserting Ryan into the time period, Grippando makes it easier for young readers to see how the law is about people and events. The book, while not too exciting for adults or sophisticated teenagers, is a great way for children to learn about how lawyers help people, about legal precedents, and that the law is about real people who have real lives and real problems. My son David enjoyed Ryan’s character and liked the fact the old Hezekiah needed Ryan’s help to get out of trouble. The idea of going back in time sparked his imagination, and he wondered if this book would become a series. John S. Gray is a partner in the Environmental Practice Group of Gardere Wynne Sewell LLP. He is a member of The Houston Lawyer Editorial Board. His son, David F. Gray, is an 8th grade student at Spring Forest Middle School in the Spring Branch Independent School District. |
