In our increasingly mobile society, elder law attorneys are encountering more and more multi-state issues in their practices. At the National Academy of Elder Law Attorneys (NAELA) Elder and Special Needs Law Annual National Conference in Las Vegas, Nevada, in May, New York ElderLawAnswers member attorney Michael Amoruso and Florida ElderLawAnswers member attorney Howard Krooks presented a session on how to earn more revenue by incorporating clients’ multi-state issues into an elder law practice.
The first step to incorporating multi-state issues into your practice is finding out if you have clients are likely to move at some point. A simple way to assess this is to ask the question in your new-client intake questionnaire. Additionally, look for indications of a possible move. Some signs that a client may be planning a future relocation include the presence of children or real estate in another state. Krooks’s primary practice is in Florida (he is also licensed in New York), so most of his clients have children in another state. He, like many elder law practitioners, has observed that when clients need long-term care, they often move to be closer to their children.
Once you know a client may move, don't let them just walk out the door. The client still needs legal documents, and you can help by making sure the documents will work in both states. The best way to ensure the documents comply with the other state's law is to work with an attorney there. One way to get to know attorneys in other states is through networking at NAELA events, and it is always best to work with someone you have met in person.
Another way to increase revenue is to actually practice in another state. If you are licensed in more than one state, you are in the unique position of being able to provide counsel in both states. If you live near the border of another state, then practicing in two jurisdictions is easy. Amoruso is licensed in both New York and Connecticut. His office is in New York, but near the Connecticu tborder, so he can market to clients in both jurisdictions. Some states, however, require that you have a physical presence in the state if you plan on practicing there, so be sure to check the rules of professional conduct. You can also set up a second office in another jurisdiction, although you need to make sure the distance makes sense from an efficiency standpoint. You don't want to spend three hours traveling between offices.
If you want to practice in a state that is far removed from your current state, you have two options to consider: co-counsel or of counsel. In a co-counsel relationship, you work with an attorney in another state on a case-by-case basis. As long as you fully disclose to the client that you are sharing the work and the fee with another attorney, this type of arrangement is ethical. You can be in charge of collecting all information and conferring with the co-counsel on the requirements in the other state, and your co-counsel can be in charge of filing the paperwork.
The second option is to create an of counsel relationship, which is what Amoruso and Krooks established with one another. An of counsel is considered part of your firm, so there is no problem sharing fees. One benefit of this relationship is that you can advertise that you have offices in another jurisdiction.
When you have a relationship established with an attorney in another jurisdiction, you can send her any documents that you have prepared for a client who is planning to move to that jurisdiction. Ask the attorney if there are any clauses in your document that would be problematic in the other jurisdiction or if there is anything that needs to be added to make the document effective there.
The ability to work across state lines has been made easier by technology. Amoruso and Krooks recommend two technologies in particular: a voice over Internet protocol (VoIP) phone system and Dropbox. VoIP is a phone line that transmits via the Internet. Using VoIP, clients can call Amoruso's New York office and have the option to be transferred to Krooks's Florida office seamlessly. Amoruso warns that you need a good vendor to ensure that the connection is clear. Another advantage of VoIP is that voice messages can be e-mailed to you, so you don't have to call in for messages.
Dropbox allows attorneys to share documents online. When you create an account, you get a folder that you can use to store Word documents. Each attorney can independently go into the document, make changes, and save it (not only saving time, but also a number of e-mails).
Clients will be attracted to your business based on the fact that you market yourself as having offices in more than one jurisdiction. As an added bonus, you can incorporate the extra cost of doing work in another state into your fee. Some clients may be nervous about involving another attorney. If this is the case, you need to explain to the client that this arrangement will allow you to help quickly solve the client’s legal issue efficiently and effectively. Be sure to point out to your client that if you can take care of the legal issues in the other state, the client will not have to hire another attorney on her own to redo the legal documents once the move is complete.
The session was titled "Increasing Revenue – How to Earn More Money in Your Law Practice by Incorporating Multi-State Issues." A DVD of the session and related materials can be found in NAELA's online store by clicking here.
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