Wednesday, September 25, 2013

The Business of Lawyering Part 3- The Mission Statement and Business Objective



The Mission Statement


One can argue that a written business plan for lawyers is unnecessary. Don't we know what we are about and what we plan to do? The answer is a surprising no. When first I started my own practice one of my first cases was a simple bankruptcy. Although my background was entirely in the IRS tax procedure area nonetheless I spent countless hours dealing with a single client and bankruptcy issues beyond my grasp. A simple mission statement would have caused me to analyze what it is I plan to do and who do I plan to do it for. In fact, it wasn't for many years, until I realized the potential  I had with all my prior IRS experience.

The purpose of the mission statement is to explain succinctly, what is the purpose of this business. What type of clients will you seek? How do you plan to operate this business? This statement can be as short as a paragraph or two. For example:

“The purpose of this practice will be to represent individual taxpayers and small businesses before all branches of the Internal Revenue Service, including representation in the United States Tax Court. The practice will be conducted as a sole proprietorship in Bergen County New Jersey.”

With this as my mission statement I would never have taken the bankruptcy case. Instead, I would have referred that matter to a bankruptcy attorney and perhaps given myself the opportunity to explain to him the limited nature of my tax dispute practice. In the long run, this would have better served to build my practice as he could have become a referrer of business in my chosen field.

Once the mission statement has been written, it should define many of the other aspects of the business plan. Needless to say with changing times, a mission statement may have to be rewritten. Without the simple mission statement a lawyer thrown into the private practice of law has no idea whether he or she is fish or fowl. Even the general practitioner must know and put some limits as to the type of client problems he will attempt to resolve, if for no reason other than to try to keep their own sanity.

As a suggestion ,it may be useful to include in this mission statement, what credentials or experience you believe you have which will likely bring success to the business. For example, adding this to my mission statement:

“As a former IRS agent and IRS District Council attorney in New York, New York and having numerous current IRS contacts, the purpose of this practice will be…..”

The mission statement is not only drafted for your own use. It may be useful for future
employees and clients to know exactly what your business of lawyering  is about. Perhaps one day it will appear as part of your marketing strategy brochure about your firm or in a private website.



Business Objective:

The business objective is the plan to obtain the mission. How will the mission be accomplished? These objectives are more specific than the mission statement. For example:

To create a law practice initially as a sole proprietorship with potential for future associates to be hired. To retain and train associates with a view toward eventually growing into a law firm, which will have at least two partners. The firm will take an active role in the County and State Bar Association and will obtain a reputation as the state's premier firm in its field. The practice will be able to support retiring partners by the addition of new associates and partners while maintaining a continuous high level practice standard.

While the mission statement is involved with branding, the business objective makes clear how the brand will be obtained.

Naturally the business objectives should change as circumstances in the legal world change. For example: a downturn in the real estate market and resulting claims for real estate appeals may suggest moving into that field. No one should hold onto an objective that doesn't work, nor change the one that does.

Perhaps objectives should be broken down into:

Immediate Objective: This can be something as simple as paying the bills and earning a living

Higher Objective: growth, reputation, even fame.

Highest Objective: a contributor to the legal field, mentor, teacher.

Many lawyers attempt only to meet their immediate needs, but the long-term satisfaction in the practice comes from objectives that may be greater than oneself.

No businessperson expects obtaining the objectives without some difficulty. Lawyers should anticipate being bored and stressed at times, but that is not reason enough to toss out the business objectives.

The personal and professional growth embodied in the business objective should be set out early in the business plan.

Tuesday, September 10, 2013

Same Sex Marriage and the IRS



Before I begin a discussion of what now may amount to old news, I wish to disclaim as follows. For some same sex marriage is a very emotional issue. And I am well aware that they are following it closely and therefore may know a great deal more than I.  Now that said, let’s get down to it. The Supreme Court has decided the Windsor case and has struck down section 3 of the Defense of Marriage Act which required same-sex spouses to be treated as unmarried for purposes of federal law. There, that seems simple enough. Now the sloppy part. A number of issues will have to be sorted out and IRS will have to get into the business of making important decisions in the very near future.  One example is whether the scope of the decision covers only same-sex couples married in a state that allows same-sex marriages and residing in that state. Will IRS look to the domicile of the same-sex couple to determine their rights? But the benefits to individuals who are properly covered by the decision are numerous. These persons will be entitled to file jointly. Unfortunately, they will also discover the pain of the marriage penalty depending upon the extent of their individual earnings. As was held in Windsor, married same-sex couples will be entitled to use the unlimited estate tax marital deduction and elect portability for any unused estate and gift tax exemption. For gift tax, they will qualify for gift splitting and transfers between them will be exempt. They will qualify for tax-free employer health coverage and may receive reimbursement under health flexible spending accounts. In the retirement area, married same-sex spouses will qualify for survivor death benefits under pension plans and favorable withdrawal rules will apply to those who inherit plans or IRAs. There is some question how IRS, reeling from scandal, losing its Commissioner, knee deep in health care reform rules and facing a reduced budget with forced closings and furloughs under sequester  will handle all of this. My guess will be poorly. Clients are perhaps best advised to file protective claims in anticipation of future IRS rulings. By this I mean, a claim for refund, deduction or credit must be timely filed pursuant to the revenue code. A protective refund claim hedges the client’s bet that any change will be favorable to their prior filed and paid tax returns. IRS has been receiving numerous such claims. Practitioners should note that a letter to IRS is most likely not sufficient to create a protective refund claim and that proper claims must be filed.