Federal Bar Council s Westchester Committee Presents



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Federal Bar Council s Westchester Committee Presents The FBC Inaugural Webcast Creating and Building a Successful Law Practice Wednesday, April 10, 2013 12:00 1:00 p.m. This program will provide 1.0 CLE credit in Law Practice Management. Panelists Nicole L. Gueron, Esq. Clarick Gueron Reisbaum LLP New York, NY Russell M. Yankwitt, Esq. Yankwitt & McGuire, LLP White Plains, NY Federal Bar Council Westchester Committee Chair Russell M. Yankwitt, Esq. The Federal Bar Council has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Legal Education in New York State. 2013 Federal Bar Council All Rights Reserved. 123 Main Street, Suite L100 White Plains, NY 10601-3104 (914) 682-8800 Fax (914) 682-4400 cle@federalbarcouncil.com www.federalbarcouncil.org

TABLE OF CONTENTS Page Outline... 1 Additional References... 2 Helpful Resources... 3 Panelist Biographies... 5

Creating and Building A Successful Law Practice Federal Bar Council CLE Webcast, April 10, 2013, 12:00-1:00 p.m. 1. Firm Structure a. Choosing your partners b. Partnership agreement i. Non-equity partners, eat-what-you-kill, origination points, or none of the above? ii. Decision-making rules c. Niche or not? Whether and how to identify a niche or speciality d. Start small keeping overhead low e. Firm culture f. LLP v. LLC 2. Early mistakes and challenges a. Client budgets b. Contingency cases and billing arrangements c. Marketing d. Networking e. Support staff 3. When to grow or merge a. Culture/morale issues b. Partnership structure c. Hiring associates 1

Additional References 1. Ten Habits of Highly Successful Law Firms by John O. Cunningham http://legalmarketingreader.com/effective_law_firms.html 2. Ten Ways to Make Your Law Practice Successful by Helen Leah Conroy http://blog.ceb.com/2011/02/23/ten-ways-to-make-your-law-practice-successful/ 3. Building a Successful Solo Practice by Joseph R. Jacques, CMC http://weilandco.com/new/build_solo_practice.html 4. How to Manage a Small Law Firm by Rjon Robins http://rjonrobins.typepad.com/my_weblog/ 5. Small Law Firm Center of the New York City Bar http://www.nycbar.org/small-law-firm-center/small-law-firm-center-overview 2

Helpful Resources 1. What Clients Love: A Field Guide to Growing Your Business (2010), by Harry Beckwith Harry Beckwith is the author of Selling the Invisible and The Invisible Touch, both marketing classics. Now he applies his unparalleled clarity, insight, humor, and expertise to a new age of mass communication and mass confusion. What Clients Love will help you stand out from the crowd-and sell anything to anyone. From making a pitch to building a brand, from designing a logo to closing a sale, this is a field guide to take with you to the front lines of today's business battles. Filled with real tales of success and failure, it shows you how to: Fly a Jefferson Airplane. Everyone knows there's a Jefferson Monument, but a Jefferson Airplane? A brilliant, attention-grabbing name often includes the unexpected and the absurd. Strike with a Velvet Sledgehammer. It's not a hard sell. It's not exactly soft. Selling well means finding the fine line between modesty and bragging, and driving the message home. 2. The Trusted Advisor (2001), by David H. Maister In today's fast-paced networked economy, professionals must work harder than ever to maintain and improve their business skills and knowledge. But technical mastery of one's discipline is not enough; assert world-renowned professional advisors David H. Maister, Charles H. Green, and Robert M. Galford. The key to professional success, they argue, is the ability to earn the trust and confidence of clients. To demonstrate the paramount importance of trust, the authors use anecdotes, experiences, and examples -- successes and mistakes, their own and others' -- to great effect. The result is an immensely readable book that will be welcomed by the inexperienced advisor and the most seasoned expert alike. 3. Leading the Professionals: How to Inspire and Motivate Professional Service Teams (2004), by Geoff Smith An incisive look at the special skills needed to lead and manage a team of knowledgeable workers. 4. How To Start And Build A Law Practice, the all-time, best-selling book of the American Bar Association (2004), by Jay Foonberg. Now in its Platinum Fifth Edition, How to Start and Build a Law Practice has been completely updated and expanded. This landmark book has been successfully used by tens of thousands of lawyers as a basic primer for planning and growing successful practices. Inside this classic ABA bestseller, you'll find 150 chapters -- including many new ones -- packed with techniques for getting started, finding clients and the right location, setting fees, managing your office, and more. 3

5. How to Start a Successful Law Practice, The New Lawyer s Guide to Opening an Office as a Solo or Small Firm Attorney (2006), by William L. Pfiefer, Jr. Whether you are a new lawyer who does not want to work for a firm, or an experienced lawyer who dreams of taking control of your professional career, How to Start a Successful Law Practice is the blueprint you need to start your own law office and make it a success. 4

Nicole L. Gueron Ms. Gueron has extensive litigation experience before trial, appellate, and bankruptcy courts. She has brought and defended commercial disputes of all types, and has spearheaded and defended clients against complex government investigations. She has tried ten cases to verdict before juries and trial courts, and argued repeatedly before the Second Circuit Court of Appeals. Before co-founding CGR, Ms. Gueron served for three years as the Deputy Chief Trial Counsel to New York State Attorney General Andrew Cuomo, directing some of the office s largest investigations as a member of the Attorney General s Executive Staff. She led the Attorney General's industry-wide investigation of the residential real estate appraisal industry and forged a ground-breaking settlement with federal regulators, Fannie Mae, and Freddie Mac governing billions of dollars in residential mortgage loans purchased annually by Fannie Mae and Freddie Mac. Previously, Ms. Gueron served for eight years as an Assistant United States Attorney for the Southern District of New York. She represented the United States in a broad range of affirmative and defensive lawsuits involving constitutional questions, complex commercial matters and tax debts, bankruptcy, contract and employment disputes, debt recovery, common law fraud, copyright violations, tort claims, environmental and civil rights issues. Ms. Gueron was awarded the national Director s Award for Superior Performance for her work on the WorldCom prosecution and bankruptcy. Early in her career, Ms. Gueron was a litigation associate at Friedman, Kaplan & Seiler LLP, and served as a law clerk to the Honorable Charles S. Haight, U.S. District Judge for the Southern District of New York. In 2011 and 2012, Ms. Gueron was named a New York Super Lawyer. 5

Russell M. Yankwitt Upon receiving his law degree, cum laude, from the Cornell Law School in 1996, Russell clerked for the Honorable Thomas C. Platt, in the Eastern District of New York. After his clerkship, he earned his stripes with many all-nighters as part of the commercial litigation department of Skadden, Arps, Slate, Meagher and Flom LLP in New York City from 1997-2001. Russell then proudly served as an Assistant United States Attorney in the Southern District of New York from 2001-2008, before returning to private practice. In addition to representing many Westchester businesses and high net-worth individuals throughout New York, Russell is privileged to represent some of the most outstanding restaurant chains in the country. Russell also represents large and small businesses and hedge funds throughout Westchester and New York City, in breach of contract actions, employment litigations, and all types of commercial disputes. Recently, Russell and his trial team have had successful arbitrations and jury verdicts for a large restaurant chain and have had great success in representing aggrieved clients against their former accountants and bankers in breach of contract and professional malpractice actions. Russell is active in the Federal Bar Council, and is proud to serve as the chairperson of the Westchester Committee of the Federal Bar Council. In recognition of his achievements, Russell was included on the 2011 and 2012 New York Metro Super Lawyers list. Russell is known for bringing boundless energy and passion to every matter. He treats his clients as close friends and is always accessible. Russell lives in White Plains, New York with his wife and his two young children. 6