Disqus - Latest Comments for constructionlaw

Re: MyShingle Turns 15!

Chris Hill — Mon, 11 Dec 2017 09:30:44 -0000

Congrats Carolyn.

Re: Your Website May Be Ethically Compliant, But Does It Conform to Privacy Law?

Chris Hill — Thu, 15 Sep 2016 09:54:16 -0000

My question would be this: I have a contact page on both my blog and firm website. However, I don't actively collect or encourage the entry of personal information for active lead generation. What's the rule on this? I have the disclaimer. I am unclear as to whether I need any sort of privacy policy.

Re: Virginia Joins The Crowd On Liens: What Does It Mean?

Chris Hill — Tue, 16 Jun 2015 16:21:15 -0000

Thanks for the opportunity as always Scott. I appreciate the forum

Re: Transporter Private Cloud File Storage & Sync: the User Guide

Chris Hill — Fri, 17 Apr 2015 10:19:14 -0000

Ben, Just saw your comment. I can't remember when it was added, but where a transporter folder contains deleted items, there is an option to recover deleted items through the right click menu.

Re: What Makes A Great Client?

Chris Hill — Tue, 31 Mar 2015 09:59:29 -0000

My best clients are those that listen but do so actively. I often learn something from the client when I am discussing a particular case and they are engaged.

I also like those that speak well of me when they have the opportunity. Those that do so tend to stay clients and try to stay out of trouble with my help. I would rather have several long term clients than several huge litigation cases.

Re: Virginia’s Lien Waiver Law Change Demands Fair Play

Chris Hill — Wed, 18 Mar 2015 14:14:53 -0000

Scott,

Thanks for the "rebuttal." The second part of your response more fairly addresses my point than the first (really, comparing a contractual lien waiver clause to the need to keep kids from being killed in factories?!?!?). Where the political process and the statutory framework for liens (and you do seem to limit this to liens and not contracts in general), sets out how liens are to proceed then those statutes must be followed and strictly so. The fact is that mechanic's liens in almost every state are creatures of statute, not contract, and the rules are there to read.

Where I have an issue is the reinterpretation of the contract after the fact. Where a material supplier has so many deals that they can't keep up with the forms, they should be in the position to reject the one or two particularly egregious waiver forms or at least modify them. Where a subcontractor has too much work to even read its contract then it should be able to reject those that are particularly lopsided. It is my experience that the most egregious provisions will be negotiated if they are pointed out. My question for the folks that don't read their contracts is do we want to whittle away at freedom of contract to save these folks from themselves.

Do subs get rooked? Yes. But I find this is less a creature of contract than the personalities involved. Do I think having all parties play by the rules as written? Yes I do. It really comes down to who makes the rules and when.

I am also speaking as one that represents more subcontractors than General Contractors and one that believes that mechanic's liens are there to get folks paid. However the right is not unlimited and this powerful remedy comes with the responsibility to make sure the rules (whether legislative or contractual). I also think that a rule that errs on the side of allowing parties to be certain of a deal is better from the thousand foot policy level than one where every contract and piece of paper is reviewed for what a judge believes to be "fair."

This is a debate that will continue and I just thought I'd throw it out there to see if I could stir things up. Looks like I did.

Re: Virginia’s New Lien Waiver Law Makes Payment More Fair

Chris Hill — Tue, 17 Mar 2015 09:22:06 -0000

Interesting thoughts as always Scott. Now the battlefield moves to the language of lien waiver forms at time of payment.

Re: Finding the Courage to Start

Chris Hill — Fri, 30 Jan 2015 09:58:58 -0000

Thanks for the thought Carolyn. This is really the key to starting. It took me a while to get the courage to move into solo practice. Ive since had the ride of my life and wouldn't change it for the world. I found I like working without a net and have had no issues with "prestige" or gaining clients.

Solo isn't for everyone, but for those that are ready, it can be a great experience.

Re: Document Scanner Buyers Guide

Chris Hill — Fri, 12 Dec 2014 12:46:15 -0000

As one who is going as "paperless" as possible in my law practice, I've used the Scansnap s1500 (the prior version of the ix500) for almost 4 years and loved it. It is a key part of my document flow. I don't have any issues with no Twain support given the ScanSnap's Clio integration and my other doc management protocols.

In short, I agree with Sam on this one.

Re: MyShingle Turns Twelve.

Chris Hill — Wed, 10 Dec 2014 08:27:15 -0000

Congratulations Carolyn. I've only been going at the blogging thing for 6 years as of tomorrow and appreciate the hard work and effort you have taken to keep relevant for so long.

Re: Don’t Refer Bad Cases or Clients

Chris Hill — Fri, 05 Dec 2014 12:08:09 -0000

Great thoughts Randall. I hate to get the referrals that are clearly trouble. I also won't refer cases to attorneys who see me as a "dumping ground" for every small matter they don't want to handle. In short, I try and refer cases that I wouldn't handle (as opposed to can't handle due to conflict or practice area) to the local bar referral service if one exists. That way I send the folks away with something other than just "no."

Re: 7 Blogs Every Construction Professional Should Follow

Chris Hill — Fri, 14 Nov 2014 13:27:53 -0000

Thanks for the plug Nate. I enjoy your updates as well.

Re: Guest Musing: Moving or Going into a New Service Area…

Chris Hill — Fri, 08 Aug 2014 15:27:22 -0000

Thanks as always for the post Sean.

Re: Lessons Learned Going from Government to BigLaw to Solo Practice

Chris Hill — Tue, 08 Jul 2014 11:38:31 -0000

Thanks to everyone that commented. I'm glad that I could help.

Re: How to Design Your Firm’s Paperless Workflow

Chris Hill — Thu, 19 Jun 2014 10:49:41 -0000

I return originals to the client right away and have a statement in my representation agreement that an electronic version of their file will be accessible for x years (depending on the type of file) and that they can let me know if they need anything.

As far as discovery, I try and use file sharing to do that or if all else fails CDs. This keeps the overhead low and I find that most clients don't want the whole file back once a matter is concluded, particularly where they've sent me electronic copies of everything anyway.

Re: How to Design Your Firm’s Paperless Workflow

Chris Hill — Thu, 19 Jun 2014 10:47:20 -0000

As one with no staff aside from some of the help I get from the folks at Regus, and one that moved from a larger firm to solo, I love my scanner and "paperless" office. I can get to everything from a tablet or smartphone thanks to a combination of my Transporter private cloud and Clio, and don't have to look (for long) at the serious clutter on my desk.

I still have a few "paper" files around in storage, mainly because I don't have the time to scan in the archives of large files that came with me from the other firm.

I do however have a mostly empty 2 drawer file cabinet that get more empty as I keep the paperless scanning going.

3 things:

1. I beg others to e-mail me documents
2. I scan everything and then put it into the shredder file and empty it into the shredder when full.
3. I still have a printer because I edit pleadings and read cases better on paper. My notes are then scanned into my system so I have them later. I know this creates an extra step and kills a couple more trees, but my older eyes can't just read stuff as easily on a computer screen as they used to.

Re: Transporter Private Cloud File Storage & Sync: the User Guide

Chris Hill — Fri, 30 May 2014 10:00:36 -0000

Interesting thoughts. The same issues apply if you're using any hardware server so I don't recommend this as your only backup/storage alternative.

Re: Law Firm Finances: Everything You Need to Get Started

Chris Hill — Wed, 30 Apr 2014 08:07:34 -0000

Randall,

All good points. I don't use a payroll service, but I did hire an accountant to help with the expense tracking, taxes, etc. and to handle my year end tax return for the firm. He also handles "payroll". While this is a monthly expense (he charges a flat monthly fee), it is a fee that is less than the value of the time it would take me to do the "back office" work that he handles for me.

I know this isn't for everyone, but it's been a good arrangement for me.

Re: The Unexpected Surprise of Starting A Law Firm

Chris Hill — Wed, 05 Mar 2014 08:37:44 -0000

Thanks for the post Carolyn. I run through each of these on a day to day basis. Going solo was the best decision I could have made. Working without a net, playing a bit on the seeming instinct that small=less talented, and understanding the small business mentality a lot better have made my move almost 4 years ago a great thing.

Re: MyShingle Turns Eleven

Chris Hill — Mon, 09 Dec 2013 17:12:39 -0000

Way to go Carolyn. I still look to your blog for inspiration and find it regularly. Here I thought 5 years was a big deal!

Re: Is There a Future for Solos and Small Firms?

Chris Hill — Tue, 26 Nov 2013 09:36:42 -0000

I agree on the law firms. Unless law schools do more on the tech side, I can't see lawyers having the training to develop the proprietary software necessary. I don't know enough about ABS to know what threat they may pose.

Re: Is There a Future for Solos and Small Firms?

Chris Hill — Mon, 25 Nov 2013 10:47:53 -0000

I think that the answer can be "yes" to that question. Solos are by definition more nimble and more able to keep up with the changes. By the time a large firm makes that significant development and implements it fully, the next tech change that can help us solos will already be in place. In short, the larger the bureaucracy of a business or firm, the harder to keep up.

Re: Calculating Mechanics Lien and Bond Claim Deadlines: A Map of Last Furnishing and Completion States

Chris Hill — Mon, 25 Nov 2013 10:45:47 -0000

Great charts as always Scott. Just wanted to remind your readers that the lien deadlines in VA have a bit of a twist on last furnishing methodology involving the "last day of the last month" of furnishing in certain circumstances. As always, our clients are wise to consult with a local construction attorney re. the specifics.

Re: Is There a Future for Solos and Small Firms?

Chris Hill — Thu, 21 Nov 2013 11:43:35 -0000

Sam,

These are interesting thoughts. I do agree that law firms need to adapt (and quickly) to how clients want to receive their legal services. I also agree with Susan that (at least in my practice area) the clients want some human interaction. Longer term relationships seem to me to be the key to solo/small survival. Tech is great and helps all us solos compete and remain flexible but it is the relationships that count.

Re: Mechanics Lien Rights Cannot Be Waived – But Can They Be Reduced To Obscurity?

Chris Hill — Wed, 23 Oct 2013 10:29:39 -0000

I agree. If there is a group of people who should know that it costs more to fix something than to do it right the first time, it's contractors. They should be talking to us early on.