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Vickie Milazzo Institute
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Vol. 13, No. 21
October 15, 2002

  1. BEST PRACTICES FOR TECHNOLOGY – Create an Attorney-Client List That Works for You
  2. MY MOST MEMORABLE CASE – Self-Confidence Is the Best Verdict of All

BEST PRACTICES IN TECHNOLOGY

  Create an Attorney-Client List That Works for You
by Rick Jones

Most everyone has a client, prospect or networking list. These lists can range from huge databases in the customer relationship management (CRM) systems of major corporations to the random collection of business cards in your wallet. The success of your business depends on a current and up-to-date contact list.

Imagine having a terrible toothache, pulling that tattered business card out of your purse or wallet, and calling the dentist for relief, only to hear, "I'm sorry, that number is no longer in service." That frustration is even worse when your attorney-client calls to report that you just provided him with a wrong number for an expert witness. Such a slip-up will tarnish the professional image you have worked so hard to develop.

So, how can you organize and manage your list to avoid such blunders? Those of you who use the business-card-in-wallet approach may want to read carefully and take notes. It's time to expand your horizon and move into the mainstream. To keep your list in accurate, useable form, a real system is a must.

Whether you choose a personal computer, pocket address book, Rolodex, PalmTM or DayRunner® depends on your needs and your budget. If you have the funds, consider a contact management program like ACT!TM, Outlook®, Goldmine®, Sharkware®, or Maximizer®. Use the best system you can afford. You can always upgrade later. But do choose a system and get started making your contact list work for you.

Build a List That Supports Your Marketing Efforts

Start your basic list by putting your contacts on paper in alphabetical order. Begin with the company name and contact person (first and last name please). If there is no company name, use the contact person's full name. Next, add the full address with the number, proper street name (including Drive, Street, Blvd., Place, etc.), special information (such as suite, floor, or apartment number), directionals (SW, N, NW, E, etc.), city, state, and zip code (zip plus 4, if available). Now add the phone numbers (home, work, cell, fax, and pager), e-mail and website addresses.

How you classify each contact is important as well. The average CLNC® will include in her list: attorneys, insurance companies, expert witnesses, CLNC® subcontractors, vendors, tech support, printers, secretaries, tax consultants, research CLNC®s, along with personal friends and family. Set up a system to classify each entry and "tag" it with an appropriate code.

Your basic list might not fit in your wallet or purse, but it will fit in an inexpensive address book. Your personal computer probably includes software for an address book. Microsoft Office® and Corel's WordPerfect® Suites both have built-in address books. The address book feature allows you to export names and addresses and merge them with a generic letter to produce personalized letters much faster than you could create individual letters. Personally addressed letters are effective marketing tools.

Safeguard Your Valuable List

Once you have created a list, backing it up is essential. Keep your backup copy in a safe place. If your list is small and you seldom add a lot of names, print a copy. You may notice errors on a hard copy that you didn't catch on the computer monitor. Additionally, if your computer crashes or you experience a power outage, you still have access to a printed list. If nothing else, keep a hard copy of the VIP client numbers you use most often, as well as tech support numbers for your computer hardware and software.

Always maintain one backup copy of your list and one working copy. Add, edit, and delete on your working copy. If for some reason you have more than one working copy, combine all the changes onto one, then print a new master copy. When you are satisfied with the results, print new working and backup copies and destroy all old copies.

Also backup the computerized version of your address list. This doesn't mean you have to spend a lot of money on a backup tape, CD-RW drive, Zip® drive, or twin hard drive. Purchase these extras when your budget allows. If your list is small, you can usually copy it onto a disc. Check to be sure the information copied properly, then store your backup disc in a safe place. Be sure to keep the disc away from your phone or other magnetic devices that can corrupt the data.

If you have a large list on computer, you may have to purchase a Zip® drive or similar backup system. At least you should have a tape backup system. Computers do crash, and many times the hard drive and all data and programs are lost. Norton sells a software program that allows you to make a "rescue" disk to help retrieve some of your information if the hard drive is not totally trashed. And remember, computers don't last forever. A Microsoft Certified Technician recently advised me that the average life of a personal computer hard drive, used for business every day, is about four years.

As your business grows and your list and list management needs increase, you will find list management software beneficial to organize your list more efficiently and effectively. A well-organized system will pay off in more billable hours. Time is money, and efficient marketing to a safe, well-maintained client list will enhance your CLNC® practice.

Rick Jones is an independent consultant with KM Jones & Associates in California.
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MY MOST MEMORABLE CASE

  Self-Confidence Is the Best Verdict of All
by Sue Burnham, RNC, CLNC

Out of the blue, a defense attorney from another state called me to review medical records in a damaged baby case. The attorney had heard my name through the grapevine. If I agreed with the defense point of view, she wanted me to work with her legal team as a nurse expert witness supporting the hospital and the nurses who cared for the plaintiff.

This was the beginning of an exciting journey in my CLNC® career. While I had worked as an expert witness in obstetrics before, I had never had a case go to trial. As you probably know, most cases settle out of court.

I Broadened My Vision

The nurse caring for the mother in labor had many years of labor and delivery experience. The RN was even the local instructor in fetal heart monitoring. The basis for the plaintiff's case was the interpretation of the monitor strips and the subsequent nursing care.

At first glance, I was not sure I could defend the nurses. The monitor strip did not look good. I mulled the case over for several weeks, focusing on the records and FHT strips on a minute-by-minute basis. I had to clear my mind and see the incident as if I did not know the outcome. When I did that, I realized the outcome had clouded my vision. I broadened my vision by ignoring the outcome and determined I would have done exactly what the staff nurse did. This woman with 20-plus years of experience in her field was an expert at what she did, and she deserved to be defended. I was the right person to do it. I took the case and have been thankful ever since that I did.

Initially, my role included reviewing the maternal medical records and FHT strips. Before I testified, I did much more:

  • Reviewed the baby's records and the experts' depositions
  • Researched the Standard of Care for this case
  • Flew to the city where the incident took place, toured the facility and questioned both nursing staff and the hospital risk manager
This Is My Story and I'm Sticking to It

My next hurdle was the deposition. With the defense attorney and a court reporter present, the plaintiff attorney questioned me for more than four grueling hours. I hung in there. (I haven't run marathons and triathlons for nothing.) In fact, when we were done, the plaintiff attorney asked if he could use my services in the future.

I learned several lessons from this experience:

  1. "This is my story and I'm sticking to it." You must stay focused and professional. You must be sure of your opinion about the case and stick to what you know is right.
  2. The attorneys can talk a good line, and they are good with language. They will try to throw you with their vocabulary and their ability to ask questions in different ways. Do not be fooled. Attorneys do not know the professional and nursing issues like you do. You know the answers.
  3. Take time to analyze each question before answering. You are not in a hurry. Don't let the attorney take control. Do what you need to do to stay in control of the situation: take a break, have some water or something to eat, take a walk outside.
  4. There is another side. This is an adversarial process. You are on one side, and your job is to support that side if your professional opinion is consistent with it. Do it.
Self-Confidence Was the Verdict I Received

Eventually, the case went to court. Again, I was flown to the trial city and spent 24 hours talking to the defense attorneys, who by now had become my friends. They educated me about the jury and updated me on the case thus far.

The next day, I took the stand for several hours. The plaintiff attorney was much kinder in court than he had been in the deposition. If he had treated me the way he treated me in the deposition, the jury might not have liked him. Juries generally like nurses. I definitely had to focus, but the trial was not nearly as difficult as the deposition.

I learned 2 more lessons in court:

  1. Focus, focus, focus.
  2. Believe what you are saying. Juries will see your confidence.

After the verdict, the attorney told me she had never expected to win the case. Her goal had been to minimize the amount of damages awarded. Guess what. We WON on the basis of my testimony.

We were all elated with our success at defending these nurses who were simply doing their jobs. Besides the money saved by the verdict, I gained a huge amount of self-confidence which I passed along to the staff nurses by representing them on the stand.

Susan J. Burnham, RNC, CLNC owns Burnham and Associates in Washington state. She has been an independent CLNC® since 1996 and specializes in quality of care issues.
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Copyright © 1999-2005 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc.
All rights Reserved. ISSN: 1533-9564



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