BusinessLawGuy's Blog

Ending the year well can mean different things to different people. For some, it might mean achieving a personal goal or completing a major project. For others, it might mean spending time with loved ones or taking some time to rest and recharge.

Regardless of what it means to you, there are some general tips that can help you end the year on a positive note:

1. Reflect on the year. Take some time to think about the highlights and lowlights of the year, and what you learned from them. This can help you gain perspective and move forward with a clearer understanding of what you want to accomplish.
2. Set goals for the new year. It can be helpful to set some specific goals for the new year, whether they are personal or professional. This can give you something to work towards and help you stay motivated.
3. Prioritize self-care. The end of the year can be a busy and stressful time, so make sure to take care of yourself. This might mean getting enough sleep, eating well, exercising, or doing something else that brings you joy and relaxation.
4. Spend time with loved ones. The end of the year is a great time to reconnect with friends and family. Plan a special outing or gathering, or simply spend some quality time together. This can help you feel supported and loved, and can also provide a much-needed distraction from the hustle and bustle of the season.
5. Give back. The end of the year is also a time when many people are in need. Consider volunteering your time or donating to a charitable cause. This can be a fulfilling way to make a positive impact and can also help you feel grateful for what you have.

Overall, ending the year well is about finding balance and taking care of yourself and others. By setting goals, prioritizing self-care, spending time with loved ones, and giving back, you can end the year feeling fulfilled and ready to tackle the new year ahead.

Beginning in 2014, many of you probably read my blog regarding having a checkup for you and, if you have one, your business. This does not involve the doctor, but it does involve all of the other professionals in your personal and business life. Based on the positive feedback, I have made this an annual tradition.

Some of you said “What a great idea. I am definitely going to do that.” Others said “Sounds like a good idea, maybe I will look into that.” Another response was “I wish I had thought about this before the end of the year or when certain contracts automatically renewed.

That feedback was based on me originally making this post the week between Christmas and New Year’s, when many people have time and are thinking about actions they want to take going into the next year. This is why I now share this a few weeks prior to the end of the year to give you time to take action and look into possible changes before year end.

I’ll bet in most years the majority of you were busy with or recovering from the holidays and all that they entail, and probably did nothing in response to my push for you to do this type of “annual checkup.” To be honest, this response is okay and ignoring my advice may not have had detrimental effects to you or your business.

The point of the advice is that you only know what you know. If you do not check in with your professionals and, for example, make sure contracts or your estate plan remain enforceable and up-to-date, that is where risk comes in. For example, I always check in with my accountant prior to the end of the year to ensure that all is right with taxes and withholding because I don’t want a big surprise that I owe more money or am being assessed penalties for under withholding.

A few years back I had a reminder related to a different item you should check on annually, auto insurance. We had teenagers on our policy at the time and a number of vehicles, and the premiums always seemed so high to me. But my insurance person knows me and shops the policy every year looking for the best rates rates for similar coverage from quality insurers. He did that for me and we ended up with a new insurer, with pretty significant savings.

Does your insurance person do this? If not, why not? You should ask. Or you should switch to a new insurance person who cares as much about you as they do about the commissions and income you represent to them.

With the time constraints of life, it’s sometimes hard for me to move beyond the higher-level checkup, but when I do I usually end up with some benefit. Unfortunately, in our time-crunched world, the question of who to check in with at year end is expansive, from your estate planning attorney, to your investment person, to your insurance person, to vendors you may use such as a yard or pool maintenance company, or your cell phone carrier or your Internet provider. You may be surprised what a company will do in lowering monthly costs to satisfy or keep a current or longtime customer. Try it and see what happens. A good one to start with is your cable or satellite television provider (assuming you haven’t cut the cable). Another is your cell phone provider.

I know, I know, who has the time? None of us do, which is why the choices are yours. Are your contracts up to date? Did you pay enough estimated taxes or withholding? Are you paying too much for the cleaning service at your office or your lawn service for your home ? The choice of what professionals to consult, what costs to check or compare, and what services to put out to bid is yours. Choose wisely.

And for those of you seeking a reminder or who did not see it in years past, here is my original blog post on getting an annual checkup:

The end of the year is always a good time to take stock of where you are personally and professionally. This can be checking in with your personal accountant to make sure you have withheld/paid enough taxes during the year or planning for deductions to planning for large corporate expenditures on things such as upcoming projects, planned corporate initiatives or planned equipment purchases. But the one thing that is a constant is that we all should be doing this.

In the past I have mentioned why it is good to sit down with various professionals you or your company work with just to check-in, be they attorneys, accountants, insurance professionals, financial planners, investment professionals, etc. The list depends on you and your business.

This does not have to be a formal appointment unless you think that is appropriate depending on the nature of the planned conversation. Instead, it can be you offering to buy them lunch or a drink. The point is the better the professionals you work with know you, the more they are able to make recommendations aimed to benefit you or your company.

So don’t wait, start making plans today to meet with these people this year, or at least first thing next year. We all are busy this time of year, but if you take these actions it will help you now and in the future.

The people you associate with help determine your future. They matter when people think of you so choosing wisely is important. Depending on your position you may or may not be able to choose co-workers, but you can choose who to spend time with both inside and outside of your company. These choices shape your path to your success (or lack thereof) so you need to choose thoughtfully.

I enjoy networking and getting to know people. A few years ago I took a step back and thought about who I spent time with and why. Through this process I realized there are people I spend time with because they add value to my knowledge, network, and business. Examples are people who provide value to me by referring potential clients needing legal work or connecting me with other professionals they think I would benefit from knowing.

I also realized there are people I spent time with because I liked them, they tell great stories, or just make me laugh. By thinking this through I was able to know why I was choosing to spend my time with each person and make choices that helped dramatically increase my business. I still spend time with people just because I like them and they make me laugh, but I may do so a little less frequently and I know why I am doing so. That is why knowing the why of the choice to spend your precious time with someone is so important.

It follows that choosing who to work with or start a business with is as important as picking a spouse or partner, and vice-versa. So is who you have lunch with or meet for coffee because your time is limited and valuable. Don’t be blinded by flash; substance matters in the long run. These types of choices are important because they affect so much in your world. That is why choosing who is in your orbit should matter so much to you. If it doesn’t, it will be evident to others, color how they think of you, and likely negatively affect your opportunities.

We all know people who have a business partner or spouse most people don’t like or merely tolerate. If that is you are you self-aware enough to know, to admit it to yourself? If so, what keeps you with that person that regularly turns off others and (likely) negatively affects your life? And, yes, I understand emotional, mental, or financial pain may be the reason. But recognize those types of choices may limit your chances and opportunities for success.

And I know people can change, but think about how hard that actually is. Changing into the person others want to be around doesn’t happen overnight. You are much better off choosing wisely at the beginning. If you do, the greater chance you have to avoid a painful split in the future, let alone the effect that person can have on your reputation. And business divorce is as painful and messy as a divorce from a spouse.

Take control of your time and plan who you spend it with by thinking about why you spend time with them. The goal is to keep good company by doing your best to choose those who will matter and figure prominently in your professional and personal life carefully. And sometimes choose laughter.

We’re just past Thanksgiving 2024 in what seems like another busy, fast, and crazy year. In thinking about writing about being thankful or gratitude, I can’t say it better than I have before, so here is my annual blog for the week of Thanksgiving. And of course, every day of the year is a good day to show gratitude to others and to be thankful.

This is a good time of year to think of gratitude generally and what you’re thankful for specifically. At the same time, it’s a great time of year to spread good feelings, which you can do by letting others know when you appreciate something they have done for you. It may mean a phone call, email, or text, but it’s import to take the time to reach out, thereby investing in your relationships.

Those of you who have younger children (or older ones…) know you end up reminding them to say “thank you” all of the time. That is because thanking someone or showing gratitude is a learned behavior. If it came naturally or from observing others we wouldn’t have to teach children to do so.

Hopefully you remember to thank people as appropriate in your daily life. This may be thanking someone holding the door for me when I get to my office, for holding the elevator for me, or for making a pot of hot water so I can have tea and get that needed caffeine injection upon arriving for work. It includes thanking people on my team for their hard work to complete tasks needed to serve my clients’ interests. Many of these situations are universal to all of us, but I am sure we all remember holding a door for someone when they walked through without saying anything.

Of course, if you go through your day looking for when people should be thanking you, you will be disappointed. Instead, you should think about how you want to come across to others, as well as ways you don’t want to come across to others. The only person you have control over and how they react to others and the actions of others is yourself.

We all have bad days, but most days we should recognize when thanking someone is proper and appropriate. This time of year is a reminder to says things you may usually only think to yourself. Positive feedback is energizing, and hopefully the person you provide it to pays it forward. Plus, it has the added bonus of making you or the other person feel good, making it a great way to go through life.

Think about how to make gratitude part of your daily life and Happy Holidays!

Maintaining optimism isn’t just about wearing rose-colored glasses. It’s about you recognizing opportunity where others see obstacles. This mindset allows you to think strategically, thereby inspiring your team and identifying innovative solutions a pessimistic leader might miss. Optimism allows you to view a setback through a lense that informs better decision-making. It has a positive effect on your professional relationships, your company, and results in “pay it forward” moments for both.

If you carry the power of optimism into business relationships it can create a compound effect that helps shape your professional network. When you consistently approach people with genuine optimism, you attract like-minded individuals and organizations that share your mindset and know there is power in helping others to succeed. The effect of approaching people in this manner builds positive business relationships where opportunities and collaboration become the norm.

Building optimism into your company culture acts is a powerful differentiator, especially in the face of challenges. Organizational optimism doesn’t ignore problems. Instead, it reframes challenges as opportunities for growth and improvement. Teams led through this type of optimistic approach will exhibit greater resilience during challenging times. Your goal should be to get your employees to internalize this perspective, with an eye for them to become more proactive in problem-solving and more invested in your company’s long-term success.

Simply put, optimism in business serves as a self-fulfilling prophecy. When you approach each day with a positive attitude there is a better chance for you to make desired outcomes reality. By investing effort in this manner, your optimistic expectations can manifest into tangible results driving your bottom line. The key lies in balancing your optimism with pragmatic action. By doing so you use your optimism as a catalyst for planning and strategic thinking, and not just as some happy go lucky type of blind faith.

True greatness is based on our ability to unleash the potential of those around us. To do this you have to shift your focus from personal accomplishments to enabling others’ success. If you do so, your actions will have an effect that transcends what you can achieve alone. This is the opposite of the notion that leadership centers on your individual authority alone and instead emphasizes the power of giving others agency, responsibility, and ownership across your organization and underlying teams.

This concept goes beyond formal leadership roles. A great example is a teacher who focuses on developing students’ critical thinking skills rather than simply imparting knowledge. This provides a springboard with the potential to create lifelong learners. It’s also similar to parents gradually giving their children increasing autonomy as they age and mature, which can result in more confident and capable children as they grow into young adults.

It may seems simple, but this approach requires a fundamental shift in how you view power and control. Traditional leadership often equates authority with strong control over decisions and the road to reach goals. If you have the confidence to step back, thereby relinquishing control while empowering others, you can create space for others to step forward. Effectively, this transforms your role from being the “boss” to being a facilitator trying to allow the greatness in others around you to see the light of day.

In the context of my professional world, which is a law firm, this principle is so important. By embracing this approach I am actively cultivating an environment where the other attorneys on my team are empowered to take initiative on cases and develop legal strategies, as well as to build their own client relationships. By allowing these attorneys to manage all or portions of cases early in their careers, they develop faster and contribute more meaningfully to the success of clients and therefore the firm’s success.

The digital age has amplified the importance of this philosophy. The most successful businesses are those that master the art of giving employees agency, thereby allowing ideas and innovation to emerge from all levels of the organization. These business and their leaders understand that when you enable individual agency it creates far more value than top-down direction.

Shifting your mindset to lead in this manner takes effort, requiring humility, patience, and trust. It means celebrating others’ successes as enthusiastically as your own and finding fulfillment in the growth and achievements of those you empower. I think of it like teaching a child to ride a bicycle. A great leader helps their people to get going and then to pedal and ride on their own. This type of approach creates a culture where employees in all positions are encouraged to and learn to empower others too, just like the child riding that bike away from you for the first time. Empowering your people will transform your business in so many positive ways if you’re willing to take that first step to loosen your grip and let go.

I generally do not rerun prior posts but with the current state of things, the general negativity that seems to be hanging in the air, and coarseness in dealings this post from 2018 came to mind. It applied then. It applies now. It applies always.

Life seems to be made up of many rules, written and unwritten. Most are a matter of common sense, like just being nice to people you meet and deal with. It sounds so obvious you may be asking yourself why I would spend time even mentioning it. Despite being obvious, I’ll bet someone just came to mind who you dealt with recently and the dealings were unpleasant because the other person just wasn’t nice.

I know who that person is for me. It was an opposing attorney on a litigation matter. I know this can go with the territory, but most litigators actually are good to deal with and range from professional to really nice. It’s what makes the people who aren’t nice stand out. I have been known to say that it seems easier to remember nasty or obnoxious opposing attorneys more than those who are nice.

In my case, the issue being discussed seemed pretty obvious to me. It was procedural, dictated by rules, and is something that has to be done in every lawsuit. Even though it seems like that should make it an easy matter to deal with, it resulted in opposing counsel raising his voice with me and arguing with me despite me not arguing back. It also caused multiple conversations and emails on what shouldn’t have been a big deal. This wasted my time and increased the fees incurred by both of our clients.  Importantly, it didn’t advance any agenda he may have had or put his client in a better position legally.

In a different context, someone I have known for years and who always has been exceedingly nice to me, is not to everyone.  An example is that these person is very nice to people who he thinks can help him in some way or are “on his level.”  This manifests itself by him not always treating those he views as below him with courtesy or respect. I think it is so ingrained he really doesn’t know how he comes across and would be shocked if someone said something to him.

On the other hand, out of law school I worked for a gentleman named Jim Marlar. He later became a federal judge and is just a really nice guy. When he took me to the federal courthouse in Phoenix for the first time, when I was still in law school and serving as a law clerk for his firm, he introduced me to federal judges, but also to the court librarian and to courthouse janitors. Really. He treated all of them the same, knew their names, about them, and had a real connection forged by years of simply being nice and treating people with respect. It was a great lesson I have never forgotten.

I know it can be easier said than done to be nice to everyone. It is even harder when they are not being nice to you. With the attorney I mentioned, I do my best not to raise my voice, get sucked into an unnecessary argument, and remain professional. It hasn’t changed his behavior, but maybe if I continue to do the same he will realize his rudeness and posturing don’t help him and our dealings will be better. At least I am trying to be nice and not make the situation worse.

The next time someone is not nice to you or you encounter someone you don’t necessarily want to engage with, just be nice because it may help, and certainly won’t harm your reputation like sinking to their level or ignoring someone. It’s your reputation. What do you want it to be?

Every day is a good day to think about and set goals. these can be short term or long term goals. Many people look to New Year’s Resolutions as the time you set goals or challenges for yourself. A lot of those same people are the ones who let those resolutions fall by the wayside before February 1. The fact is there is no date or time frame that matters for goal setting. What matters is taking the time to think about your goals and then go about identifying the steps and related time frames on the way to reaching your goals.

Once you set a goal, think through the action steps necessary for you to achieve the goal. I suggest you put it in writing and keep it somewhere you see it often. This will allow you to see where you are on the road to the goal, as well as to adjust the steps. That’s right, you can change the action plan to reach a goal midstream. If something isn’t working or a step in your process ends up taking longer or shorter than expected, acknowledge it by revisiting and revising your plan.

If you don’t have a roadmap to reach a goal, how can you expect to ever reach that goal. The roadmap I have found to be most useful and work is turning goals into SMART goals:

• Specific – target a specific  goal or area for improvement.
• Measurable – quantify or at least suggest an indicator of progress.
• Assignable – specify what you will do.
• Realistic – state what results can realistically be achieved.
• Time-related – specify when the result(s) can be achieved.

This works for any type of goal, whether personal and professional. What if you want to learn to play an instrument? Find an instructor good with beginners through your network or online research and take weekly lessons. And then practice, a lot. Even if it is fifteen or twenty minutes a day, scheduling time in your day should be part of your plan because then you’re more likely to practice.

What if you want to write a blog like this one? I schedule time into my calendar to write and edit, as well as to post and distribute. Sometimes I block out time to write one post and sometimes I write more than one at a time because I know my upcoming schedule is extra busy. Of course it helps that I enjoy doing this, but if I didn’t take the steps I do, I likely would miss weeks at a time because life is busy.

The first step you need to do is to come up with a goal. The second step is to determine the steps you think will allow you to reach your goal. If you are not sure, talk with a mentor, a peer, or someone else in your life you trust. This can be about your actual goal, the steps to reach it, or both. If you come up with the steps yourself, run them by someone you trust because it helps to receive feedback from others on goals and action plans.

If you don’t set goals everything will stay the same. If you think that’s okay you should be asking yourself why. It equates to being a lifetime learner and continually trying to improve personally and professionally. Try it and see what happens.

Fulton J. Sheen said, “Jealousy is the tribute mediocrity pays to genius.” While harsh, this observation rings particularly true in competitive workplace environments, where success often breeds resentment among colleagues. From subtle undermining to overt hostility, jealousy can poison team dynamics and hinder the progress of your business.

Jealousy is a complex emotion that, in a professional setting, undermines collaboration and productivity. Sometimes you can see or feel it in a palpable way. Other times it’s much more subtle but still harmful.

Businesses such as law firms present a particularly stark example of how professional jealousy can manifest. In these environments, some young attorneys eye other attorneys as their competition and may respond negatively to successes experienced by others. In doing so, those who feel inadequate or threatened often direct their frustration toward those who seem to be more successful rather than focusing on their own growth and contributions. This results in damage the firm’s culture and potentially its bottom line.

Addressing jealousy requires open communication and a culture that values collaboration over competition. All businesses can benefit from implementing mentorship programs that promote knowledge sharing and foster a sense of community among colleagues. These types of programs can help mitigate feelings of jealousy. When individuals see their peers as allies rather than adversaries, the overall morale and productivity of the business can improve significantly.

Instead of viewing colleagues’ achievements as a threat, successful professionals learn to channel their competitive energy into personal growth. I find the most resilient employees understand that another person’s success doesn’t diminish their own potential for success or advancement.

Addressing workplace jealousy is difficult but possible. Leaders can help by fostering a culture of collaboration over competition. However, the ultimate responsibility lies with each person to acknowledge their jealous feelings and transform them into motivation, thereby turning their envy into inspiration to achieve their best.

You business has a culture whether it is conscious or not. My firm has a defined culture we call the JW Way (https://www.jaburgwilk.com/jw-way-fundamentals). It is a mission statement consisting of twenty seven fundamentals that the owners and employees strive to live in operating and working in the firm. Since making these fundamentals a conscious part of our firm it we found that it improved what we already saw as a good place to work. Overall, it has had a positive impact on our firm and the bottom line.

If you’re surprised, you shouldn’t be. Focusing on company culture forces you to focus on your employees and clients. Doing so always is in the best interest of your business. The point is without great employees and customers, you don’t have a business.

If you ask most business owners about the culture of their company it can be hard to put into words. The effort to do so helps bring positives and negatives of your business into focus. It also results in the realization that changes are needed all the time, which reminds me of the maxim that change is constant. It’s not lost on me that change is hard and you have to know the possibility exists that the investment in doing so may or may not have the desired results despite the time and effort you have put in.

It reminds me of a story I read some years ago about Incheon Airport in Seoul, Korea. For years it was ranked No. 1 by passengers. When one employee was asked “What is it? What’s so magical?”, he responded as follows: “It’s because everyone – airport and airline personnel, security, concessionaires – we all share the same vision and we all deliver the same level of customer service.” That describes a culture at that airport that allowed passengers to see and feel that they mattered. All of the airport’s employees striving to live that culture allowed the passengers to live and feel that difference during their travels instead of the usual stress of feeling like you’re being herded from line to line to line.

When a business has that type of culture it’s no surprise that success follows. That type of culture tends to weed out those who don’t or refuse to follow the culture. That is what you want because it allows you to bring on people who appear better suited to be part of the culture and therefore the team that is your business. These types of incremental changes are what improves your business over time.

If you simply ignore the importance of culture and allow it just to happen the odds are you won’t like where you end up. By thinking about and discussing company culture you can create the type of environment you want to work in, attract like-minded employees, and give you and your business a better chance for success.