Workers’ compensation insurance is one of those areas of running a business that we all know we should pay attention to, but which often suffers from neglect.  Usually that’s because business owners (including solo attorneys) know little about what workers’ comp is or where to obtain it.

Workers’ compensation insurance provides wage replacement and medical and rehabilitation benefits to employees injured during the course and scope of their employment.  Any person or firm who employs another person is required to pay for workers comp for the employee unless the employment relationship is exempt under Minn. Stat. § 176.041, subd. 1.  This means that solo attorneys will usually be required to obtain workers’ comp insurance for their legal assistants, secretaries, clerks, and other staff.

So while some solo attorneys may need to obtain workers’ compensation, can “true” solos buy the insurance?  While solo attorneys are on the job during most of their waking hours, many believe that they are precluded from purchasing workers’ compensation on themselves.  The opposite is true.  Minn. Stat. § 176.041, subd. 1a allows an owner of a business to elect to be covered by workers’ compensation insurance.

If you do not purchase long-term disability insurance, workers’ compensation may be even more important.  Solosmall attorneys seem to work 24/7/365.  There is a good chance that you could become disabled from an injury that arose out of the course and scope of your “employment” as an attorney.  It is, therefore, a low cost option to cover occupational injuries.

Furthermore, workers’ compensation insurance may be a good buy for you if you employ those covered by workers’ comp.  This is because wokers’ comp policies have a minimum premium requirement and the premiums often paid for paralegals, clerks, and secretaries may not reach the minimum premium.  There is no reason to overpay for clerical coverage when the difference between actual premium and minimum premium could be applied toward the cost to provide coverage for yourself.

Workers’ compensation insurance can be obtained through independent insurance agents, direct writing insurance companies and, as a last resort, the Minnesota’s Assigned Risk Plan.  The compensation class code for attorneys in Minnesota is 8820.  The rate for this class code is in the range of .30-.35% of payroll, depending on the insurer underwriting the coverage.  In 2012, the minimum and maximum payrolls subject to premium rating for sole proprietors, partners and officers is $23,296 and $93,184, respectively.  Assuming a class code rate of .33%, a solo attorney’s annual premium would not exceed $308 plus various debits and credits that apply in the standard premium formula and a $180 charge for an expense constant.

Visit Minnesota Workers’ Compensation Association at www.mwcia.org to calculate what your workers’ compensation premium is under the Assigned Risk Plan.  Provide the application and premium from the premium calculator function on the website to your insurance agent.  Ask the agent to place coverage for you using the information that you have developed from the MWCIA website.  The agent will submit your risk to the insurance companies that he or she represents.  If none of these insurers will offer to write coverage, then the agent will submit your application to the Assigned Risk Plan as the market of last resort.

© Debra McLain for Practice Blawg, 2012. | Permalink | No comments yet | Add to del.icio.us
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Last week, Shaun Jamison blogged about how giving thanks can fortify your happiness, both professionally and personally. A couple of recent occurrences made me think about how thanking people the right way can fortify your practice and your bottom line.

About 10 days ago, I received electronic holiday cards from two large Minnesota law firms. The card linked to fancy websites with animated candles, snowflakes, and statements of thanks for my association with the firms. From having worked in a large firm myself, I feel fairly certain that each firm spent thousands of dollars in the design of the electronic greeting and in distributing the email to their large lists.

And then last Tuesday, I received a small postcard from a solo practitioner whom I recently met while working at the MSBA. The card had a simple fall theme and thanked me for making 2011 a successful first year for her practice. But – most importantly – the card was signed.

Of course you know by now where this post is heading. Despite the fact that I’ve worked with lawyers from both large firms for the past 15 years, the card from my new acquaintance meant much more to me than the (admittedly) impressive e-cards. Her few marketing dollars went much further than those of her mega-competitors.

Therefore I urge each of you to not only remember to say thank you, but to think about how you do so. The holiday season is an opportune time to thank your clients, colleagues, and referral sources. But giving thanks is important all year round. So try to think of these few pointers the next time the chance to thank someone arises:

• Say Thanks Early and Often. Make sure you say thanks as soon as you can. If you’re finishing an engagement with a client, make sure you say thanks right away (and separately from delivering your invoice). Get in the habit of dropping a note when you’re putting the file away. Likewise, make sure you say thanks to your referral source once you’ve contacted your new potential client.

• Make It Personal. I always appreciate a quick email from a friend or colleague saying thanks for lunch. But I take notice whenever I get a handwritten note from someone. Invest in a box of small personalized notecards (either like these or perhaps more exciting) and keep them in your office desk. You can write a 3-sentence note in a couple of minutes and put it right in the mail.

• Make it Yours. If you’re so inclined, find a small gift for those folks who have gone out of their way to help you. One attorney I know sends small batches of handmade stationery to his referral sources. Another tries to find a book that the recipient will enjoy. Others find gift cards from fun restaurants or coffee shops. You don’t have to spend a lot on gifts. Just find something that will make the recipient think of you when they’re using it.

The adage is true:  it is the thought that counts when choosing how and when to express your gratitude. Finding your own way to say thanks will lead to happier clients and colleagues and will help you to stand out in the crowd of service providers.

© Bob for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: Client, Colleagues, referrals, thanks

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Lindquist and Vennum’s Bob McLeod has been instrumental in the current revision process, as he was in the initial development of the forms and subsequent revisions. Many of the substantive updates are a result of his expertise, and we are very grateful to be working with him during this process.

For more information on what has changed and why we decided to revise the forms, see our first post announcing the revised forms.

Revised Forms

The forms are on 3 pages: Guardianship, Conservatorship, and Joint Guardianship and Conservatorship (with forms for minors on each page). Revised forms posted in November are:

• GC-12G – Notice of Intent to Dispose of Clothing, Vehicles, Furniture, or Other Personal Effect
• GC-13s through 14s – forms regarding Discharge of Conservator
• GC-16s – Orders Allowing Final or Annual Accounts, Discharging Conservator
• GC-17s through GC-20s – forms regarding Emergency/Temporary Guardianship/Conservatorship (minor and adult)
• GC-21s through 24s – various forms regarding the sale of real estate in a Conservatorship. Note: The 21-series forms were renumbered. Previously they were GC-21JTxx, and they are now GC-21Cxx, which is more consistent with the fact that these forms pertain only to conservatorships. They will still appear on the joint guardianship and conservatorship page as they may be needed for a joint proceeding.
• GC-25s through GC-27s – forms regarding Restoration to Capacity
• GC-28C – Notice of Claim
• GC-28G – Petition for Termination of Guardianship and Discharge of Guardian
• GC-29G – Order Confirming Termination of Guardianship and Discharge of Guardian
• Misc-4 and Misc-5 – In Forma Pauperis forms

Click here for a list of forms revised in June, and here for a list of form revised in September.

How can you check whether the form you’re using is updated? Check the date in the footer of the form. June 2011 and later are revised.

Other Important Revisions

The Order Appointing Conservator (GC-08C and GC-08JT) was republished with new paragraphs in the Conclusions of Law. Prior versions stated that the Respondent was incapacitated. This is the requirement for a guardianship but not a conservatorship, so the orders were updated to reflect the appropriate standards under the conservatorship statute.

The Petitions and Affidavits of Service, which were published in June and September, respectively, were updated to change new language from “interested parties” to “interested persons.”

Retired Forms

Please note that we’ve taken down several forms, mostly due to duplication. These forms were also retired:

• GC-21JTV – County Assessor’s Market Evaluation
• Misc-1 and Misc-2 forms – Petitions and Orders for New Letters. These were a holdover from the transition to the new statutes under the UPC in 2003. All guardianships and conservatorships should have been transitioned by now.
• All PDFs (All duplicates of the Word forms, and had low usage. More information in our earlier post.)
• Several joint guardianship/conservatorship forms which were identical to conservatorship-only forms.

If you are looking for one of the retired JT (joint guardianship and conservatorship) forms, look for the form with the same number but with a C instead of the JT designator. These forms have always been identical except for the caption, and on this round of editing we decided that even the caption did not need to be different — it is appropriate to say just “conservatorship” on these matters even if there is also a guardianship.

As always, let us know if you have any comments, questions, or feedback on the new forms!

© Andrea for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: conservatorship, guardianship

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Or are you still looking for a job but starting to think about opening your own firm instead?

This week we’re welcoming many new graduates to our profession. If you’re one of them and are thinking about flying solo, we want to help you get started on the right foot. 

Whether you’ve already taken your first steps or are still considering your options, we’d like to cordially invite you to join PracticePack, a group created exclusively for new solos by the Minnesota State Bar Association.  PracticePack started last year and is a great resource, giving new lawyers a chance to learn the ropes from experts and from each other. Our new year kicks off at our next meeting in November.

Who?  PracticePack focuses on lawyers going straight from law school to solo or small firm practice, whether they’ve just graduated or have been job-searching. If you’ve already been working as a lawyer, this might not be the group for you since we not only work on getting your firm off the ground but we also provide support for those who have never practiced before.

What? Monthly meetings with your peers and guest speakers to get your firm up and running. At our November meeting we will cover the practical basics of actually getting your firm in place (filing with the Secretary of State, setting up a bank account, malpractice insurance, etc.). Members from last year’s group will also field questions about what they’ve learned about the realities of solo life such as budgeting and dealing with student loans.

Some of the topics we have planned for future meetings include: trust accounts and bookkeeping; tech on a budget; building your own website (we’ll be building them at the meeting); and practical ethics. In addition, there’ll be time to ask questions about what’s happening in your practice (including that question that you think is “too dumb” to ask other lawyers).

In between meetings, the MSBA will sponsor a private forum (sort of like a Facebook feed) just for PracticePack participants where you can chat, network, and ask for help.

When? November 15, and the plan is to have all meetings on the 3rd Tuesday of every month. This meeting is planned for 7:30-9:30 am. We may revisit the time for future meetings, but the meetings tend to take up a full two hours and we don’t want to eat half your day.

Where? TBD.  Sign up (link below) and we’ll keep you posted by email.

Why? Because we want you to succeed!

How? Sign up is located at this page:  www.mnbar.org/practicepack

© Andrea for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: PracticePack

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The cardinal rule when writing anything is to keep audience and purpose in mind. Always. If you take nothing else away from this post, remember this rule. It simplifies all your decisions on length, format, word choice, and topic.

For example, most blog readers aren’t interested in reading an article. If they were, they’d turn to another medium. So Corollary #1 to the cardinal rule is Short. Shoot for 250 words, don’t go over 500. Don’t stop at implementing Short with the length of the post; strive for short words, short sentences, short paragraphs. Doesn’t need to sound like Dick and Jane, but better that than War and Peace. You can always divide a long post into two short ones.

Corollary #2 can be summed up in two words – Visual Tricks. Bulleted lists, headings, subheadings, white space. The idea is to make readers think you’ve implemented Corollary #1 more than you have. You may have a lot of words, but you’ve added visual cues to help the reader read and appreciate the post.

What do blog readers want to read? Brings me to Corollary #3. Appetite. Blog readers want a quick bite, a quick taste of something. The something, topic, depends on whether your readers are your clients, prospective clients, or colleagues. Don’t start writing until you’ve asked yourself, “Who will start reading this post and what will make them read to the end?” Thanks to Corollaries #1 and #2, the reading won’t take long, but comfortable length does not insure readership. If you don’t engage readers with the topic, the reader will click away. Regardless of topic, the reader will appreciate links to more in-depth information (and the providers of that information will appreciate the mention.)

Corollary #4 – Edit. Write, leave it, then return and edit. If you can’t, ask someone else. The first pass is never your best. Trust me.

There are lots of other suggestions for out there for aspiring bloggers, but, in keeping with Short, I will stop here.

© Nancy Hupp for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
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