Practice Management for the Bar SECTIO 2 STRATEGY & MARKETIG RECOMMEDED STADARDS AD IMPLEMETATIO ADVICE 2-1 Practice Management for the Bar 1 STRATEGY AD MARKETIG - RECOMMEDED STADARDS 1.1 Strategic Business Plan Chambers should document an outline strategic plan to provide a background against which it may review its performance and take decisions about its future. The plan should specify the extent of collective as opposed to individual activities, the services that it wishes to provide and the clients it seeks to serve. The duration of the plan, and the level of detail to be included in it, are matters for chambers to determine. 1.2 Marketing Plan Chambers should produce an annual marketing plan setting out any development of its fee earning activities planned for the forthcoming financial year, the promotional activities to be undertaken (if any), and the budget to be allowed for it. The marketing plan should be drawn up in line with the objectives set out in the strategic plan. 1.3 Marketing Material Chambers should be able to provide existing and potential clients with information about chambers, including areas of work undertaken and important aspects of its administration. Chambers may provide this information by way of a brochure or other written materials, or a web-site. Any marketing must comply with the provisions of paragraph 710 of the Code of Conduct which sets out in terms what barristers may and may not do in advertising and publicity. 1.4 Direct marketing Chambers should ensure that all direct marketing activities comply with the Direct Marketing Code of Practice, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and that all marketing activities comply with the Data Protection Act 1998. 2-2 Practice Management for the Bar 2 STRATEGY AD MARKETIG - IMPLEMETATIO ADVICE STRATEGIC PLAIG 2.1 Introduction 2.1.1 A written strategic plan is invaluable in setting out the desired future direction of chambers. It may well be that most plans do not involve substantial changes of direction. There will nonetheless be value in having a clear agreed framework for the development of the set. 2.1.2 The strategic plan can be seen to answer three main questions: a: where are we now? b: where do we want to be in x years time? c: how do we get there? 2.1.3 The format of the documentation and length of the plan may vary. The general advice is to work to a reasonable period of time over which members feel confident to express opinions. The legal profession as a whole is currently subject to such extensive changes that a five year plan may well be over-ambitious. If it is impossible to anticipate the shape of the profession in five years’ time, it follows that a plan will be of limited use in setting out anticipated actions. A three year plan can strike the right balance of being sufficiently forward looking, yet limited to a practical timescale. It is a good idea to have a detailed plan for the coming year, and less detail for the following two. 2.1.4 Chambers must choose if one or more of the members, or perhaps the Management Committee as a whole, should produce the draft plan. Since the plan will comment on everyone's future practice, it is essential that all tenants are involved in the process to some degree, even if this is limited to discussing a draft before its adoption. The simplest arrangement, however, is likely to be for one member to undertake individual responsibility for co-ordinating the task. The 2-3 Practice Management for the Bar forms and literature contained in these Guidelines envisage that one of the members should adopt such a role. Clearly this member will need to have the confidence of fellow members and staff. It is probably also important that they are not associated with too strong an opinion about any contentious issues which chambers face, since the recommendations which they eventually make must be seen to be as objective as possible and to be the result of discussions and suggestions from all, rather than representing their own personal opinions. 2.2 The Planning Process The main steps in the planning process should include: (a) The identification of the aspirations of members; (b) A mission statement (if appropriate); (c) Analysis of strengths, weaknesses, opportunities and threats (“SWOT” analysis); (d) Additional further research, client surveys and financial details (e) Draft Report; (f) Agreement and implementation. (g) Review 2.2.1 Aspirations A preliminary issue will be the aspirations of members. This might be examined in three respects: a: income to be anticipated b: level and type of work sought c: image and reputation of chambers It is important that those who will be most affected by the strategic plan should first consider what they, as individuals, wish to achieve from it. Not every set will wish to pursue better income generation as its main goal. 2-4 Practice Management for the Bar In many there may be more overtly academic interests. It is important that there is a clear sense of what is desired, be it greater quantities of work, work of a better quality, or merely to preserve the current pattern of instructions. 2.2.2 Mission Statement From the aspirations which are expressed it may be helpful to draft a short “mission statement” for chambers - a sentence or two summarising the values, goals and character of chambers. Commonly work type, size or reputation might feature:- “Our aim is to be recognised as a leading commercial set in the regions, both in terms of range of specialisation and quality of service. Since mission statements ideally capture what is distinctive in any organisation, it is more difficult to draft a mission statement which is anything other than rather bland for many sets. Ideally, any mission statement should also capture the philosophy and values of the organisation and, most important of all, then become a benchmark for all future activity. A statement along the lines of:- “We seek to provide first rate support and services to a wide range of professional and lay clients in all areas in which they wish to instruct counsel” has less that is distinctive about it when compared to a set that wishes to be specialist in some way. The true value of any mission statement might therefore vary between chambers. 2.2.3 SWOT Analysis The next step is to assess where chambers currently stand. The “SWOT” (strengths, weaknesses, opportunities and threats) exercise is invaluable in providing a focus on the important issues as they are perceived in chambers. Those 2-5 Practice Management for the Bar undertaking the exercise, record their views for later comparison and discussion. A format of SWOT is included in the planning questionnaire given at Appendix 1. The true value of the SWOT exercise is to see the extent to which those completing the exercise agree and disagree on the issues confronting them. The collation of SWOT findings also helps discussion to focus on how strengths can be capitalised upon: how can strengths be used to support opportunities, for example? How might weaknesses be eliminated or at least contained? The SWOT exercise is essentially a subjective exercise and should be understood to be such. For this reason the same factor might be listed by some as an opportunity and by others as a threat. Developments in publicly funded work and the Community Legal Service (CLS), for example, might be seen to threaten the Bar as a whole, but perhaps work to the benefit of those sets that establish a clear reputation for working within the CLS and in close conjunction with major Quality Mark solicitors’ firms. The questionnaire in Appendix 1 should be completed by all tenants if it is used. The views of staff should certainly be added. Criticisms and suggestions by clerks of barristers and vice versa might not seem to be appropriate in writing and for this reason an interview might be preferable. A suggested agenda is given at Appendix 2. In the context of the interview, certain comments might be made which are not intended for the general audience but will be invaluable for the author or authors of the plan, to hear. Tact is then required in dealing with any issues of confidentiality in relation to any statements made. 2.2.4 Research There will be other sources of information which are likely to be useful. The results of any client survey will be worth editing into the report. For the purposes of the strategic plan a series of interviews with ten to twenty of the solicitors’ firms which instruct chambers may be the best way to produce the information required. Solicitor feedback is also a requirement for the Legal Services Commission's Quality Mark (see Section 3, Appendix 2, Client Care). The Treasurer or Senior 2-6 Practice Management for the Bar Clerk will also be required to produce a financial summary identifying key indicators of growth or decline of the income, and an analysis of overheads and such other trends as are of importance. It might also be useful to consider the position of other chambers in the area. What services do they offer, how do they market themselves, how does your chambers compare? Similarly, are there firms of solicitors offering advocacy services? Is the CPS using more in-house lawyers? Chambers needs to be able to know that it can provide better value for money. 2.2.5 Instructions for Co-ordinator Following receipt of the questionnaire responses, together with the results of the client survey (see Appendix 2, Section 3, Client Care), discussions on clerking and the views of clerks and other relevant staff, a report should be prepared to the following headings:- a. summary of aspirations b. issues for mission statement and draft statement if appropriate c. current perceptions of services d. desired perceptions of services e. results of client survey f. recommendations on service improvements g. marketing preferences and recommendations h. perceptions of management and recommendations i. perceptions of financial information and recommendations j. clerking - summary of views of barristers and clerks' draft objectives k. the inclusion of responses relating to equal opportunities in the way chambers is run. 2.2.6 Presenting the Draft Plan It should then be possible to draft a plan. The principal aim is to settle any underlying differences of opinion about the role and direction of chambers, and to 2-7 Practice Management for the Bar record some main goals over the period of the next three years, which chambers are expected to work towards. These objectives might be expressed in terms of income or reputation. Other specific objectives might relate to the improvement of premises or a move, the opening/closing of annexes and whatever else might be deemed important by the members. It is advisable to have an “action” section in the strategic plan determining when various important events should occur. Agreement to the plan should either be obtained during the various stages of the planning process or at a full chambers meeting. 2.2.7 Review The drafting and agreement of the plan is not the end of the process. It must then be kept under review. If circumstances change, the plan will need to be changed. The plan should be reviewed frequently, at least annually. Clearly the adoption of a strategic plan does not eliminate the problems that chambers will face. It will, however, ensure that some degree of firm, collective action can be taken. This should enable a set to respond to changing circumstances in the most positive fashion possible. 2-8 Practice Management for the Bar 3. MARKETIG 3.1. Introduction 3.1.1 The experience of chambers (and common sense) will suggest that the most effective way of generating work in the future is to provide good service to existing clients so that they will return and will also recommend the barrister or set to others. 3.1.2 Chambers will also recognise that this need not, and increasingly cannot, simply be a passive and reactive exercise. Most chambers will want to take active steps to ensure that existing clients receive the service they require and that both existing and potential clients have the opportunity of learning about chambers and its services. The issues of client care and marketing thus go hand in hand. In addition, the information provided through the financial analysis of Chambers (e.g. regarding main clients and work types) will help establish marketing priorities. 3.2. The scope of marketing 3.2.1 While marketing may involve brochures, advertising and social events, they and other such promotional activities are only parts of the process. Paragraph 710 of the Code of Conduct specifically refers to two particular aspects of marketing, namely advertising and publicity, and allows these activities subject to conditions which chambers are unlikely to find restrictive. But these paragraphs do not, and do not purport to, describe exhaustively the marketing options open to chambers. 3.2.2 Considering marketing more broadly, the issues that need to be addressed both at a strategic and detailed practical level are: * the areas of work to be carried out * the appearance of chambers * the fees to be charged for counsels' services * the promotion of chambers to existing and potential clients 2-9 Practice Management for the Bar 3.2.3 In addition, two further factors can be identified that will influence the successful building of client relationships: • the selection, training and development of people responsible for "client care" within chambers • the way in which services are provided to clients (including the use of IT). 3.2.4 More immediately, the personality and professionalism of a barrister will be important in determining the success of a relationship with a client. 3.2.5 It will be seen that "promotion" is only one aspect of marketing and should follow on from, rather than be independent of, other important decisions. Some of the matters above are dealt with elsewhere in these Guidelines and may not currently be regarded as "marketing" issues by some chambers (see in particular Section 3 Client Care and Section 5 Personnel Management). 3.2.6 It is important however that chambers do not expend valuable time and money on promotional activities (such as publishing a brochure), possibly in response to perceived competition, without careful prior consideration of more fundamental issues. In addition, marketing should not be thought of simply in terms of attracting new clients. Most chambers will want to devote a significant proportion of their marketing effort to enhancing relationships with existing clients. This could mean that some form of client care training (whether provided internally or externally) could be a marketing priority for some chambers. 3.3. Marketing planning and marketing objectives 3.3.1 The strategic plan is an essential pre-requisite for a successful marketing plan of action since, without the general direction agreed and roles defined, it will 2-10 Practice Management for the Bar be guesswork as to what the marketing will seek to achieve. For this reason the Guidelines refer to the fact that the marketing plan is likely to be based on the general objectives of the strategic plan. Issues of strategy which are central to marketing planning will include the choice of services to be provided and the client groups to be served, and an analysis of where work comes from at present. 3.3.2 An essential aspect of marketing planning and a way of bringing some discipline to the whole area of marketing, is to establish marketing objectives. Chambers should at the end of a twelve month period then be in a position to answer the simple question “has our marketing been successful?” 3.3.3 Marketing objectives should be realistically achievable and should be as specific as possible including a time-scale. In that way, it should be possible to measure their success. 3.3.4 A suitable marketing objective might therefore be “to increase landlord and tenant work from existing solicitor clients by 25% in the next 12 months”. The marketing plan should then proceed to identify promotional work which will be undertaken over the course of the next twelve months to achieve the objectives identified in the plan, and set a budget for expenditure on this. In addition, it will usually be appropriate to identify interim objectives or “milestones” along the way for example “senior clerk/practice manager to contact six (named) firms within 3 months to establish satisfaction with existing service and potential future need”. 3.4. Marketing Budget 3.4.1 The final major issue for the marketing plan is the question of the budget for it. It will inevitably be difficult for chambers to decide the amount it should spend on client care and marketing. There can be no recommended formula based on a percentage of fee income. The budget should instead depend on what a particular chambers is trying to achieve. Chambers seeking to develop a new area of practice are likely to have to allocate considerably more than those that are generally content 2-11 Practice Management for the Bar with their existing expertise and range of client. However, many chambers spend approximately 2% of their turnover on marketing. 3.4.2 It is useful if the budget includes not only the direct cost of, for example, brochures and client entertainment, but also related items such as training costs. This may also include “pro bono” work undertaken by members of chambers. If chambers uses time recording it will be possible to monitor the most valuable marketing resource of all, a barrister’s time. 3.5. Promotional Activities Which types of promotion chambers should undertake, if any, become clearer if a marketing plan identifies objectives which are the goals for the year ahead. A policy of enhancing existing solicitor relationships, for example, will have quite different implications than one of developing new sources of work for an annexe to be opened during the year ahead. The promotional methods must be seen to be appropriate both to the objectives that are planned and to encourage the participation of all members of chambers (i.e. not focussing on activities which would appeal more to men than women). A preliminary issue is always likely to be the usefulness and value for money that a chambers brochure will represent. 3.5.1 Brochures A number of issues should be borne in mind when considering commissioning a brochure. Who is it intended should receive and read the brochure? Always have very clearly in mind who your intended readership is. Think of specific individual potential recipients and try and put yourself in their position. For example, will a solicitor want to rely (at least partially) on the brochure to comply with Community Legal Service Quality Mark requirements on the selection 2-12 Practice Management for the Bar of counsel? Try to think about what the reader will find interesting and important to know about chambers - which may not be the same thing as what you want to tell them, for example, the history of chambers over the last 50 years. If there are matters that you cannot decide or agree upon, ask some of your better solicitor contacts for their opinion. Which should come first, the words or the design? There is no hard and fast rule but certainly the overall look should be established before detailed drafting is done. Many chambers will consider it necessary to employ a design consultant as soon as possible. Chambers must ensure that the design takes into account the requirements of the Disability Discrimination Act 1995, including being easily legible for those who are visually impaired. Chambers should aim to comply with a recognised standard (such as PAS 78). Style of writing It is obvious, but worth stressing, that different skills and different styles are required in writing promotional literature compared with drafting legal documents. Often a combination of an internal writer (but not a committee) and an external copywriter can work well. Try to avoid starting every paragraph with "we" or "chambers" - it becomes very wearing. Describe the "benefits" that chambers can offer to clients not just the "features" that chambers possesses. The claim that "we have latest computer technology" means very little unless supported by evidence of how clients can benefit from it, for example, because reports on progress on cases can given more quickly and efficiently. "Permanent glossy" or "home produced loose-leaf" The considerations here are cost, flexibility (e.g. the opportunity to give information about recent cases in which Counsel has been involved) and also how the brochure is to be distributed. A compromise solution can be a well designed and produced 2-13 Practice Management for the Bar cover which can accept materials produced in-house using good word-processing or publishing software. What information to include beyond Counsels' names, years of call and areas of practice. Increasingly it will be appropriate to give more attention to how chambers provides its services, in addition to explanations of legal expertise. This may include descriptions of client care procedures and fee levels. Photographs may help in expressing the personality of chambers and its diversity of membership as well as in the more practical task of enabling barristers to be recognised. Many have fears that such brochures encourage choice of counsel on looks rather than expertise, but it is to be hoped that solicitors in particular will approach their responsibilities with due professionalism. The other fear in relation to photographs is that their use will potentially "date" the brochure if personnel change. Such changes are however a fact of life that most clients will readily accept. A drawback can be the cost of good photography. In summary, the contents of a brochure, website or other publication may include: * the work specialisations that are covered * the detailed standards of service to which chambers, individual tenants and members of staff are committed * details of key personnel such as Head of Chambers, barristers and clerks * relevant information on administrative procedures * conference facilities and arrangements for receipt of telephone and other messages when chambers is closed * details of chambers policy and arrangements for conferences, including locations, facilities and prior notice required and facilities for clients with disabilities * policy and arrangements for the attendance of solicitor representatives at conferences with clients and other potential witnesses and attendance at court 2-14 Practice Management for the Bar * policy and arrangements for receipt of instructions from non-solicitor professional clients, including references to separate guidelines as to layout and instructions and documents to be included ∗ reported cases which have involved members of chambers, including summaries of such cases ∗ details of how to find Chambers, including a map 3.5.2 Seminars Well presented seminars are an opportunity to display the expertise of counsel in a manner that is helpful to solicitors and others. A checklist of practical arrangements appears at Appendix 3. Seminars have to be well conducted and delivered or they are best avoided. Advocacy skills do not necessarily guarantee an effective presentation style and some form of coaching or training may be advisable. A further option in this area is to offer to contribute to the in-house training activities that are likely to occur in most larger solicitor firms. Those attending seminars should be asked to complete an evaluation form. Feedback will be useful in providing organisation and performance. We recommend that chambers should give consideration to ensuring CPD points accreditation for all courses provided. 3.5.3 Client entertainment Each chambers will have its own views on the appropriateness and effectiveness of client entertainment. A simple guideline is to consider how one would react oneself to this technique being used to promote a professional service. On the basis that any chambers can provide people with food and alcohol, it will usually require something more imaginative or of more value to the invitee to be persuasive. Chambers should also be alert to the religious affiliations of its members and select entertainment with this in mind. On balance, client entertainment is probably better used to develop existing client relationships than to initiate new ones. 2-15 Practice Management for the Bar 3.5.4 Press relations and advertising The simple distinction here is between what chambers pay for and have control over (e.g. announcements in the Gazette) and editorial comment which can be more persuasive but less reliable. It is worth remembering that journalists are interested in stories and not simply information, such as changes in chambers’ addresses. If chambers or individuals within it can build good relationships with journalists or editors - which usually involves being accessible at short notice - it can certainly help raise the profile of chambers. The tension between client confidentiality on the one hand and press interest in proceedings on the other has to be recognised by any barrister or staff member pursuing this route of promotional marketing. In most cases chambers’ advertising is likely to be limited to announcements about changes in personnel or location. However the changing demands of clients and issues such as direct professional access provide opportunities that some chambers may wish to exploit to provide information about, for example, client care standards which chambers adopt and communication facilities. As mentioned above, the Code of Conduct requires all advertising and publicity by barristers to comply with certain conditions (e.g. no comparisons or claims as to relative quality can be made). Specific reference is made to the British Code of Advertising Practice with which barristers must comply. The basis of that code is the well known requirement that advertisements must be "legal, decent, honest and truthful". 3.5.5 +ewsletters Working on the basis that a relatively small number of solicitors’ firms can provide the majority of work that any given set requires, any promotion which enhances such contact is always worthy of consideration. Many chambers have initiated a 2-16 Practice Management for the Bar regular newsletter project to supply solicitors with useful information on the law and developments in chambers. Some further matters for consideration are: * Once a "regular" newsletter is launched it raises clients' expectations and can be a hostage to fortune if publicised as "Volume 1 Issue 1" or "Winter 2002" and if subsequent issues do not appear on time. The expression "the first in an occasional series" can give more flexibility. * The newsletter should be more than a digest of changes in the law in specific areas which may available to clients through other sources. What will add value is the particular experience or angle that chambers can provide. Striking the right balance between a technical updating service and news of developments in chambers is often the key issue in any such project. * Keep the newsletter reasonably short - at a length that can be maintained after the initial burst of enthusiasm. In fact it is worth having two or three editions of the Newsletter largely prepared before the first is actually issued. * The contents of paragraph 710.1 of the Code of Conduct, indicating what may be included in barristers' advertising and promotion, can act as a prompt for the sort of matters that chambers may wish to include, namely; photographs, statements of rates and methods of charging, statements about the nature and extent of barristers’ services and, the name of any professional or lay client (where the information is already in the public domain). 2-17 Practice Management for the Bar 3.6. Promotional activities in general 3.6.1 There is no set “right and wrong” in the choice of promotional methods: they have to be determined according to the nature of the service, the client and the message. The main principles seem to be: The personal methods of promoting chambers, such as seminars and entertaining will be more likely to lead to chambers being instructed but non-personal methods such as newsletters or press contact are useful in creating the opportunities for such discussions to occur. A balanced promotional programme should build a general image for expertise and client service. Any promotion which is useful to the solicitor is more likely to succeed brochures should include the type of information which clients will want to know, and newsletters or information services might be particularly well received. Training and seminars are always an effective opportunity to develop profile, as long as they are well conducted. General advertising, in isolation, is likely to be a waste of money, but linked to other initiatives or set alongside articles by members of chambers it will be useful. Claims about distribution and readership by publishers of directories should always be treated with caution. 3.6.2 It is important to stress that marketing does not stop with the promotion of chambers. Both clerks and barristers, and managers where they are appointed, have a distinct role to play which might vary from set to set. In general terms: 2-18 Practice Management for the Bar 3.6.3 Barristers must undertake the promotion - writing articles, public speaking, membership of relevant organisations and will increasingly “sell” their services in contact with solicitors. 3.6.4 Clerks undertake the most obvious of the “selling” roles and also supplement promotion by the barristers in stressing their qualities and abilities and following up any promotional activities that chambers undertake. 3.6.5 Managers can co-ordinate and direct the process, but cannot assume total responsibility for marketing simply on the basis of relevant former experience. 3.6.6 The normal period of a marketing plan is a year. Towards the end of the plan there should be a review of what was and was not achieved. The chambers should think about what should be the plan for the next year, probably linked to a revision, if necessary, of the main strategic plan. 3.6.7 Chambers Website Chambers should consider making use of the internet as a marketing tool. If care is taken about the layout of the Chambers brochure and other suitable publications, the texts on disk can be made available to a suitable designer of websites and converted to hypertext, which can be put on to the internet. The design of the Chambers’ website must conform to the requirements of the Disability Discrimination Act 1995. A suggested format for a Chambers website is the following:- Home page; The logo of Chambers, a general introduction and description of its work, the addresses and telephone numbers, possibly the mission statement and links to other sites. Then there ought to be links to: 2-19 Practice Management for the Bar List of Practice Groups with link to Individual practice groups containing the names of clerks and direct dial telephone numbers, the list of members (with link to individual members – see below) and a description of notable cases, publications etc Model Conditional Fee Agreement List of members of chambers with links to Personal entries of members (age, call, [photo], areas of practice, publications, membership of societies etc) Chambers Practice Standards Chambers' Equal Opportunities Policy Chambers facilities for the disabled - to include information such as the availability of induction loops or infra-red systems, accessible meeting rooms, documents provided in large print or on tape. The website itself should also be available in a format which takes account of accessibility for the disabled. Chambers newsletter List of forthcoming seminars with materials to accompany them. Chambers publications Links can be created to other sites from where browsers on the internet might find your site, with permission. A link to the Bar Directory can be created and is available at a relatively low cost. The address of the web site and the chambers e-mail address ought to be included in the Chambers’ brochures and stationery. 2-20 Practice Management for the Bar Solicitors with an e-mail address can be sent mailshots with ease by preparing suitable groups of addresses that can be targeted with newsreleases such as the announcement of a new tenant. Care should be taken that such mailshots include an opt -out for recipients, so that if an individual has the ability to refuse future similar communications. Chambers should have the technical competence to exclude such individuals from such mailshots. Websites are generally far easier to update than brochures. However, this means that failure to keep the website up to date is more obvious and demonstrates a lack of professionalism. 2-21 Practice Management for the Bar APPEDIX 1 TEATS’ PLAIG QUESTIOAIRE To be completed in confidence and returned to the Co-ordinator. 1. ASPIRATIOS Our plan will cover the forthcoming three years. In order to provide an effective plan it is necessary to know what your aspirations and ambitions for yourself and Chambers are. A. Your Own Future Income Considering the matter realistically, do you desire and anticipate that your income will or can change over the next three years? Yes/No If yes, what would be the change (expressed either in cash or percentage terms)? What if anything in your view can chambers do to facilitate this? B. Work Do you desire a change in the quality and/or types of work you carry out? Yes/No 2-22 Practice Management for the Bar If yes, please give details. Considering quantity of work, will you want to keep the same balance of weeks worked/time off over the next three years? Yes/No If no, what do you anticipate the change would be? C. Chambers turnover Do you think that Chambers’ turnover should grow over the next three years? Yes/No If yes, what should the change be and how can it be achieved? Do you think there should be a change in the type and/or quality of work carried out by Chambers? Yes/No If yes, please give details 2-23 Practice Management for the Bar 2. PRACTICE DEVELOPMET On a rating of 1-4 assess how you think chambers is perceived by solicitors (and other relevant clients) in each of the following areas of practice. Tick one box for each service. ote: The list of areas of practice should be amended so as to be relevant to the particular set undertaking this exercise. High Low 1 2 3 4 Crime Divorce Comm Lit Civil Lit Personal Injury Intellectual Property Landlord and Tenant Property Construction Administrative Other Where 1 is excellent, 2 is good, 3 is fair and 4 is poor. Please now indicate how (being realistic) you would wish this grid to appear in 3 years’ time. 1 2 3 4 Crime Divorce Comm Lit Civil Lit Personal Injury Intellectual Property Landlord and Tenant Property Construction Administrative Other 2-24 Practice Management for the Bar If improvements are appropriate what principal steps do you consider that chambers should take over the next 3 years in terms of: a: recruitment of new junior tenants b: recruitment of established practitioners c: other Please assess the strength of relationship with solicitors instructing you and chambers generally. a. Name solicitors where the relationship is completely satisfactory b. (i) Name solicitors where more can be done to improve the relationship (ii) What should be done to improve the situation? c. (i) Name solicitors who you feel should instruct you/chambers who do not (ii) Why do you think this is? 2-25 Practice Management for the Bar (iii) What can be done to rectify the situation? d. Comment 2-26 Practice Management for the Bar Please assess the current internal strengths and weaknesses of chambers and future external opportunities and threats which you face. Internal Strengths InternalWeaknesses External Opportunities External Threats 2-27 Practice Management for the Bar 3. MARKETIG A: Please indicate your personal preferences for promoting chambers by rating the following options a scale of 1 to 4 (1 is a excellent idea, 4 is an bad idea). Please add a comment to explain, if appropriate. RATIG COMMET 1-4 Chambers' Website Training Seminars to be organised by chambers Contribute to solicitor training activities, in-house or through providers Advertising Entertaining Clients Distribution of Brochure Other methods (if any) and comments B: Do you, or are you prepared to, carry out any of the following: (i) Writing articles: Yes/No (ii) Contributing to a Chambers’ Newsletter Yes/No (iii) Public speaking Yes/No (iv) Pro bono work Yes/No 2-28 Practice Management for the Bar C: Do you have links with the press or any other links which might be used to market your practice/Chambers as a whole? D. What are your views of the way in which Chambers currently markets itself? 2-29 Practice Management for the Bar 4. MAAGEMET STRUCTURE AD IFORMATIO a: Do you feel that the management structure in terms of leadership and quality of decision making in chambers is: Good Reasonable Poor Bad Please comment If your assessment is anything other than “good” what changes do you feel would be appropriate? b: Do you consider that the amount of financial information that you receive is: Excessive Just Right Comment (if any) 2-30 Inadequate Practice Management for the Bar c: Is the usefulness of financial information received: Good Reasonable Poor If your answer is not “good”, what changes would you suggest? 5. CHAMBERS EXPEDITURE A. What is your view of the overall level of chambers expenditure? Too High / About Right / Too Low B. Are there particular areas where in your view savings could be achieved? Yes/No C. If yes, please specify D. Are there areas where Chambers should be investing more money? Yes/No E. If yes, please specify 2-31 Bad Practice Management for the Bar 6. CLERKIG Either set out views here on clerking arrangements or, if you prefer, speak directly to the co-ordinator in confidence. 2-32 Practice Management for the Bar 7. FEE COLLECTIO A. Are you satisfied with the general speed at which payment is received from solicitors or other clients? Yes/No B. If no, what steps would you like to see implemented over the next three years to improve the speed of fee collection.? 8. OBJECTIVES Taking all of your replies above into consideration, set out here any objectives that you feel chambers should be working towards. These might relate to: finance reputation work types covered size of chambers or other areas. If possible, please be specific about any objectives: e.g. to increase total fee income by x%. 2-33 Practice Management for the Bar APPEDIX 2 AGEDA FOR COFIDETIAL DISCUSSIOS WITH CLERKS a. Current strengths of relationships in chambers b. Difficulties experienced by clerks c. Clerk’s view of solicitor perceptions of chambers d. Clerk’s view on finance e. Suggested improvements f. Clerks' views on recruitment, pupillage, distribution of work and equality of opportunity within chambers 2-34 Practice Management for the Bar APPEDIX 3 CLIET SEMIAR CHECKLIST General Guidance • Seminars can be a useful way of promoting chambers. In a sense they give chambers the opportunity to provide clients with a “test drive”. Meeting and listening to members of chambers is inevitably more persuasive than information in a brochure. In fact seminars are in themselves an ideal opportunity for distributing brochures and other written materials. • Seminars should be more than a law lecture. Mere technical information should be read and not listened to. Try to give a feel of how chambers provides its services as well as demonstrating specialist expertise. Try to bring the subject to life and always convey enthusiasm. Give your audience the chance to participate. • Keep to time. Within the promised time-limits your audience are giving you their time, beyond, you are stealing it. The almost inevitable cause of over-running is under-rehearsal. • Get feedback from the audience on how useful they found the seminar (e.g. a simple appraisal form). • Give them something tangible to take away - notes or other printed details are the obvious items. • Always have in your mind three vital questions in planning a seminar 1) Who are the audience? 2) What do we want them to go away remembering? 3) What do we want them to do as a result of the seminar? • It is advisable to have a run through of the event, preferably with honest feedback on contents and delivery from those watching. 2-35 Practice Management for the Bar • After the event learn from feedback from delegates. Where possible go behind the letters of thanks - what did they really think? - how could the event be improved next time? Checklist 1. Seminar title 2. Speakers and Chair 3. Date 4. Venue 5. • booking confirmed • drinks on arrival • food/refreshments • room layout • equipment required • disabled access and facilities Invitations • 6. 7. date despatched Number of guests • number of invitations • expected number of acceptances • delegate list prepared Seminar materials • transcript/precis/copies of slides • speaker details • brochures • materials typed 2-36 Practice Management for the Bar 8. • edited • approved • number printed and bound • assessment form for guests to complete Name badges • guests • members of chambers 9. Arrangements to meet guests 10. Introductory address and speaker introductions 11. Follow up letter in order to obtain feedback • to attenders (e.g. further information required) • to non-attenders (e.g. interest in future seminars or newsletters) 12. Venue and catering invoice 13. Lessons learnt for the future - take a debrief from the team present from chambers and telephone a few close contacts to ask for suggestions on improvements. 2-37