Vickie,

When proofing a revised draft of a contract for my CLNC^® business, do I really need to read it word for word?

Julia, RN, CLNC

Hi Julia,

That’s a great question. Of course everybody’s preference is to generate a contract that will not require revisions. This works well with legal nurse consulting subcontractors who usually sign our contract without revision requests. This allows us to quickly move on to doing business together. In 29 years, I have only had two subcontractors request minor changes to our form contract. With vendors though, negotiations are more common. Especially with large vendors, it’s not unusual to have 5-10 drafts, depending on the vendor, size and type of contract (IT services company, software, hotel, etc.).

Once the negotiations start and the versions start flying back and forth, I often joke (or not) that I’m getting drafted to death, but sometimes it’s necessary. As the number of versions increases, it can quickly get harder and harder to keep track of the changes. One way I keep track of the documents is by writing “Live” and “Past” along with the dates on the top of each hard copy version. My preference is to proof a hard copy rather than the electronic version. Most of us read and proof more accurately from paper than from a computer screen. Also, I keep all printed and electronic versions in file folders for easy reference.

With Microsoft^® Word, you can use the track changes feature which shows the additions and deletions made by the parties. The document can get pretty “busy,” so once we hit a certain level of agreement on the changes I’ll accept the changes/deletions to create a “clean” document. Then we can continue the editing process, but fresh, with fewer changes to track.

When reading a contract from one draft to another, the experienced Certified Legal Nurse Consultant will always read and compare each draft to the prior draft word for word to ensure that nothing has been deleted or added either accidentally or intentionally. Word processing errors and text drops do occur, despite the best intentions of the parties involved. The best way to do a comparison reading is to lay each contract side by side and read and compare them one paragraph at a time.

“Lazy” legal nurse consultants can also just compare the first or last word in each line of each paragraph in one contract to the other to ensure they match. This isn’t a perfect system but can be quick. Another more accurate but still “lazy” method is to hold each page from the contract against a sun-lit window and then lay the corresponding page from the other draft on top of the first page. You can then compare text and look for text drops or spacing changes. I shouldn’t even be telling you these “lazy” tricks because neither of them should be considered a replacement for a full read, especially on the final executed copies.

When you finally sign the paper copy of the contract you’ve so carefully negotiated, you want to be sure that what you get back from the other party is what you sent them. My solution is to initial and date the bottom of each page in blue ink. When the fully-executed copy is returned to you, it will be clear there have been no page “substitutions.” We also sign our contracts using blue ink. This will always help you distinguish the original from a copy. If we’re sending the final versions over for signature, I sign the contract in advance. This process helps guarantee the other party signs the copy we sent.

We often scan and email a signed copy of the contract and we accept scanned copies of executed contracts as final. What matters to the Institute is that we have a final signed contract, no matter the method by which it is sent.

Finally, make sure you file the original signed version in a secure location (hard copy and electronic) so that you’ll be able to locate it quickly. Be sure to calendar the expiration of the terms and the dates of any notices that must be filed.

Success Is Inside!

Too often people engage others with a losing formula instead of a winning one. One of the keys to closing any successful interaction with an attorney-prospect or -client is having a positive winning formula. Watch this short video to learn how!

There I was nearly nine years ago, suffering from what I now refer to as “professional bradycardia.” I signed up for Vickie Milazzo Institute’s CLNC^® Certification Seminar and had my breath taken away! That 6-day seminar in 2000 was about to change my life forever and ever. However, at the time I only knew it was The Best program I had ever attended as a nurse, bar none!

It would be one and a half years later that I would have to wait for another positive breathless moment. It came after my first attorney-client gave me my first three cases, one right after the other, and then stated to me after paying his third retainer, “Larry, I just want to let you know that that you are not charging enough for these reports.” That was the icing on the cake. It made me realize that I could do this type of work and do it well, but thinking at the same time…well duh…I was trained by The Best! Based on that attorney’s advice and knowing that I was trained by the best, I substantially increased my hourly fee, never looked back and now never blink, shudder or stutter when I quote my fee to attorneys.

I was so excited that I picked up the phone and called Vickie Milazzo Institute in Houston. I asked if I could thank Vickie in person at the next CLNC^® 6-Day Certification Seminar in Philadelphia (my CLNC^® training ground). The answer came back, “yes,” and I found myself driving to Philadelphia in September 2002. I gave my little thank-you story with a microphone in front of me and I found myself breathless again, both from the fright of public speaking and from the reaction I received from the 300 nurses in attendance. I remember pinching myself and smiling from ear to ear on my drive home that day from Philadelphia.

I once again became breathless in March 2003 as I received the National Alliance of Certified Legal Nurse Consultants CLNC^® Success Story Award at the annual NACLNC^® Conference. Imagine, this old-as-dirt nurse, with average nursing skills, up on that huge stage with Vickie Milazzo in Orlando, Florida receiving such an award! It DID take my breath away and It DID FEEL GOOD!

One final breathless moment I would like to share, came very recently as I expanded my CLNC^® business to include nine subcontractors, all of whom are Certified Legal Nurse Consultants! I refer to my initiative as Peas in a Pod with the POD being my company who will act as the Point Of Distribution for casework to the Peas who are the CLNC^® subcontractors. We have bi-weekly group phone conferences and also stay connected by Pea Pod Ponderings, a weekly email sent by Larry Pea to the other Peas. All the Peas, each with their specific area of nursing expertise, makes the POD strong and unique, however what takes my breath away is the fact all the Peas are very, very special to me and as a POD, we are able to offer my attorney-clients over 225 years of nursing experience, guiding them as we journey through the medical records! Another breathtaking moment indeed will also be when the Peas collectively meet at the next NACLNC^® Conference!

Thank you Vickie for making me one SOB (Short Of Breath) Certified Legal Nurse Consultant!

Lawrence H. Frace, RN, CLNC

Take the Stage for Legendary CLNC^® Success. That’s right – take it. Don’t just wait for legendary success to happen to you.

You’re probably wondering: “Okay Vickie, how does someone just take what they want? Especially legendary success?” Easy. To have legendary success, you just have to be legendary. Likewise, to be legendary, you have to act legendary. So how do you act legendary?

First, ask yourself what would a CLNC^® legend look like?

How would they walk?
How would they talk to attorneys?
What would their marketing consist of?
What would their work product be?

And most importantly – what would you look like if you were a CLNC^® legend?
Even if to start, you’re only a legend in your own mind. Johnny Cash knew he was a legend long before anyone else knew.

Once you convince yourself that you’re a legend, and really believe it, you’ll find it easy to convince your attorney-prospects that you are indeed legendary. When you go to the attorney’s office, you’ll carry yourself with legendary confidence. You’ll stand apart from the crowd. Soon you’ll be walking out with more cases than you ever imagined.

People associate legendary with successful and so once attorneys perceive you as legendary, they assume you are successful and want you on their team. The more success you have, the more success you will have. That sounds unfair, but it’s true. Attorneys want to win so they want to hang with winners.

Once you’ve landed the attorney as a client, how do you prove that you are authentic – that you are indeed legendary? By being better today than you were yesterday. By being stronger and swifter each day. The same static behaviors day after day and year after year won’t cut it. Remember the definition of insanity? Doing the same behavior over and over again and expecting different results? To get different results, you need to change your behavior. In fact, just to get the same results year after year, you have to change your behavior.

That’s why I love what Geoff Colvin says in his book Talent Is Overrated.
His position is that high achievers are not just talented (i.e. have an inborn ability) – they might not be talented at all.

So what trumps talent? What separates highly successful entrepreneurs from the rest of the pack? Repetitive, focused and deliberate practice designed to specifically improve performance.

Now, if that sounds like hard work – it is. If you’ve ever watched American Idol or Dancing with the Stars you know it’s not always the most talented who advance. It’s the one who puts on the best show who wins. And to put on the best show requires repetitive, focused and deliberate practice.

Another distinction of people who are legendary – they are able to assess for themselves how they’re doing. They don’t need someone to watch over them or push them. You can only improve performance if you know what needs improving. That’s why honest and competent self-analysis is so important. You must act as though you’re on the outside looking in. You’re an active observer of your own actions.

We all know it’s easier to analyze someone else (like our spouse) than to analyze ourself. To analyze yourself objectively is truly a legendary quality. For example: if you’re about to interview with an attorney, you don’t just show up, you apply repetitive, focused and deliberate practice to make that interview the best one yet. Once in the interview, you need to be able to recognize if you’re off target and pull your act together swiftly. You must be able to self-analyze at the very moment something is going wrong, so you can rescue the situation. If you can’t competently self-analyze the situation, not only will you fail in that interview with that attorney, you’ll keep making the same mistakes over and over again in future interviews with other attorneys.

It’s no surprise that people who fail, fail often. And people who succeed, succeed often.

Practicing the answers to interview questions over and over is an important step to mastering your self-analysis skills. But, that only works if you’re practicing the correct responses. Repetitive, focused and deliberate practice is worthless if it’s the wrong practice. Practicing the same bad tennis swing over and over just produces more of a bad tennis swing. At first you need a tennis coach to straighten out your swing. And then you’ll be able to tell for yourself when your swing is off.

As Vince Lombardi said – “Practice doesn’t make perfect. Perfect practice makes perfect.” That’s why you must choose your mentors and advisors carefully. An inept coach doesn’t just fail to help you, they actually help you to fail.

I recently invested 8 months mentoring a woman at the Institute through repetitive, focused and deliberate practice on a job function I wanted her to master. I required her to do the job herself first. Then I gave her feedback so each time she was doing it more and more correctly. Sometimes we don’t know what we don’t know. That’s why the correct mentors are so important to the process of learning how to analyze yourself competently. And I didn’t just give her feedback. At first, I would ask her to tell me what she needed to do differently the next time. I wanted her to analyze herself, before I mentored her. My goal was – she would become me. In other words, it would be like Vickie was standing over her shoulder guiding her every step of the way. I wanted her to be able to assess herself in the same way I would assess her if I were standing there.

It was time consuming, and sometimes painful for both of us, but this investment has paid off in tens of thousands of dollars each year. She still occasionally looks over her shoulder to see if I’m there. And sometimes I am! But not to correct her, just to ask her how her day is going.

I challenge you to apply repetitive, focused and deliberate practice to key parts of your CLNC^® business (such as marketing, report writing or anything significant of your choosing). When you do, you’ll never be the same Certified Legal Nurse Consultant again. Hey! You might even become legendary. Any of you can, because after all, talent IS overrated.

Remember – We Are Nurses and We Can Do Anything^®!
Especially something easy like becoming legendary.

Success Is Inside!

As registered nurses, we were trained to give and to take care of others. But to successfully manage your legal nurse consulting business you must also be a strong negotiator, willing to ask for what you want and what you need. As nurses, you’re not trained to negotiate, but luckily, you’re born negotiators even though you don’t necessarily think about it that way. You negotiate with patients about taking their meds. You negotiate with doctors to assure the appropriate medical orders are written for the patient. You negotiate with hospital administrators for safe staffing and delegation. You are always negotiating as a nurse and usually it’s for the benefit of someone other than yourself, although you also negotiate with the cafeteria to keep the food from killing you and you negotiate your way through shifts with issues that would make lesser mortals weep.

When you walk into an interview with an attorney, you’ll be using your negotiation skills on behalf of yourself and your legal nurse consulting business.

Attorneys are masters at negotiation, so these inside strategies I’ve learned through 28 years of business negotiation will give you the confidence and the know-how to negotiate with the best of the best.

1. Ask for everything you want at the beginning of the negotiation. Don’t add on as you go along. It makes you seem unfair and looks like you’re just pushing the envelope to get more. For example, if you tell an attorney your fee is $125/hr and his reply is “That’s very reasonable,” you can’t jump in and say, “I really want $150/hr.”
   
   Be prepared and think through what is really important to you and your legal nurse consulting business before you sit down to negotiate. Have your list of what points you need and what points you’re willing to give up. Some people do keep score and being able to track what you really need will help you determine your negotiating success.
2. Ask for more than you think you can get and don’t jump too fast to say “yes” to the first offer someone makes; even if you think it’s fair. Assess the situation and the person making the offer. Use and trust your strength of intuitive vision to diagnose how far you can go. This is not being greedy, this is being a strong negotiator. And you’d be surprised at what offer could be around the corner. It’s yours for the taking if you only ask for it.
   
   I recently mentored a Certified Legal Nurse Consultant on a toxic tort case involving 40 plaintiffs. The attorney firmly told her that instead of her hourly fee, he would pay her a flat rate for each of the 40 cases because he felt there would be a lot of “cut and paste” from one case to another.
   
   The CLNC^® consultant was convinced that she would lose this large project unless she agreed to the attorney’s terms. My advice was to stand firm on her hourly fee because she had no way of knowing before the reviews which cases would be simple, and which would be complex. Locking herself into a flat fee per case could cost her. Even though the plaintiffs all shared the same toxic exposure, they each were sure to have different medical histories (some more complex than others) which could influence causation. Not to mention the variation in the volume of medical records to sort through. The attorney would still benefit from any efficiencies she gained as she worked on the cases even with an hourly billing structure. Likewise, she would not risk losing money on the deal. The CLNC^® consultant stood firm on her fee structure, and as I predicted, the attorney agreed to her hourly rate.
   
   You must be willing to walk away from a deal, especially when that deal is not favorable to you. If you don’t like the deal with one attorney, remember there are over 1,180,000 more waiting for you to call.
3. Do not get emotional during negotiations. Appear detached even if you’re not. I negotiated a contract with a guy who was very emotional. Every time he took off on a point, I’d let him vent and then ask him what he didn’t like about that point. I calmly listened to his concerns and nicely pointed out how the contract supported both parties. As the negotiation went on and his rants slowly ran out, his blood pressure (and my anxiety level) came down. I conceded a number of little points because I knew he was keeping score and would have to win. I stuck to my guns on the important ones. Those points that I needed to win or at least couldn’t bend on, I blamed on my attorney, saying “I’d really like to do this but my attorney feels it’s necessary that I….” This took the pressure off me and helped to end what could have been a line of arguments. We hammered out a deal that was fair to both of us. Know in advance the points that you must win and what you can give up.
4. Don’t assume your bargaining power is weak just because your business is smaller or that you need the deal more than the other party. Negotiating can be challenging when faced with the perception of uneven power positions, but weakness is one thing you can’t allow the other side to see. I have rewritten entire contracts sent to me from companies way bigger than mine who claim they can only use their contract with no changes. But I prevailed and they used mine!
   
   Go in knowing and believing in what you have to bring to the business relationship. Even if you believe the attorney-prospect holds the power card, don’t underestimate your unique selling position and how it benefits the attorney-prospect. It’s your job to educate the attorney about how you can make a positive difference in the outcome of his cases.
5. Never say anything off the record – “Just between you and me, I want ‘X’ but I’ll settle for ‘Y.’” In negotiations everything is on the record and if you say that, more than likely you will end up with “Y” or even less than “Y.”
   
6. Never let the other party bully you or treat you in a paternalistic manner. I’ve worked with plenty of attorneys, met some very tough negotiators and seen many different negotiation styles at work. Surprisingly, it was a non-attorney who negotiated like a pit bull. Realizing what I was up against, I took a long walk and role-played with Tom. Role-playing helped me to anticipate every possible objection and get myself into a Zen-like state. When it came time to negotiate for real, I was centered and ready for him and we reached a win-win. If I’d gone head-to-head with him, like two pit bulls, instead of handling it as I did, the negotiations would have failed.

Use these 5 strategies the next time you are negotiating with an attorney.

Success Is Inside!

My experience in hospital nursing was filled with mixed emotions. The frustration level was one that I have never experienced anywhere else. But I kept being a nurse, and I kept going to work. Nursing jobs paid the bills but did not contribute to my soul.

When I saw Vickie Milazzo’s ad for the CLNC^® Certification Program, I wondered if this was a nursing career that I could be passionate about. I saw the ad several more times after that. Each time I felt a tremendous pull. The woman in the ad looked like no nurse in my facility. Vickie personified a victorious nurse dedicated to her profession, unlike other ads where the model-like woman leaps through the air with her hair blowing in the wind.

Little did I know I was implementing a business plan by showing the ad to my husband and proclaiming, “What an investment this would be for our future. We need to choose the VIP CLNC^® Business System and take advantage of all the available resources.”

My fear of flying could not hold me back. Several months later, I looked out of the airplane window after take-off. Dark thunderheads hung over the mountain tops. Lightning flashed sending streaks of light all around the plane. Down below, hundreds of colorful hot air balloons lit up Balloon Fiesta Park waiting for their early morning launch. My overwhelmed senses were full of expectations yet to come and I was calmed by the knowledge that I was so lucky to be the lead character in this new adventure.

That was the calm before the storm. WOW, is how I describe the CLNC^® 6-day Certification Seminar. I was amazed by Vickie and the course content. Then the 2-Day NACLNC^® Apprenticeship followed. I was brain-dead by the time it was over. I assumed the hardest and most challenging part was behind me. I went home and began implementing everything I had learned right away.

I went on my first marketing campaign in my hometown. I had seven promotional packets. Each one contained a personalized introduction letter to the attorney, a brochure, a business card and a professional profile. I marketed to all seven offices, but it took every ounce of courage I had. My husband went with me to the first office. I’m sure “amateur” was written all over me. I decided taking my husband wasn’t a good idea. The next office I went to was torturous. I stood there knowing I had to go in, but wishing I didn’t have to. My palms were wet and my mouth was dry. My husband reassured me from the sidewalk and I took a deep breath and went in. I met four attorneys that day. Each time I felt out of my element and left the office thinking, “There has to be another way.” I felt as wanted as a telemarketer.

I did the “busy thing” for awhile after that. We built an office and I set that up. I reviewed the advanced resources in my VIP CLNC^® Business System. Then I went to the NACLNC^® Conference in March. I talked with Certified Legal Nurse Consultants about their strategies for overcoming fears. Nothing clicked for me. I did discover other strategies to beef up my promotional packet and implemented them as soon as I got home. I went on several more marketing campaigns, but I could not overcome the fear of meeting attorneys. I went to their offices hoping I wouldn’t see any. I could relate to the office staff and break ice with them, but not the attorney. How was I going to get business with this mindset? The fear of meeting attorneys was bordering on a phobia.

The turning point came when a legal secretary called my office after receiving my promotional package and left a message for me to call. As usual, I contacted Vickie Milazzo Institute for mentoring. I listened carefully to the CLNC^® Mentor and followed up with the appropriate phone calls and sent a follow-up letter. Three weeks later, the legal secretary called to set up my first appointment with the attorney. I was thrilled, but it was short-lived as fear began to well up inside of me, again. I contacted Vickie Milazzo Institute for mentoring yet again. I was probably over-prepared for this meeting, but it was important to get it right. I would have to do this in spite of the fear.

I had no idea what to expect, but I was well prepared in every way right down to the power suit. I arrived at the office early to find out the attorney would be late. “That’s okay,” I thought, “I can wait.” There were a couple of gentlemen also waiting. We made small talk until the attorney arrived. After she arrived, she took one of the gentlemen in her office for about twenty minutes. He left and then the legal secretary ushered me and the other gentleman into a small conference room.

“What is this?” I thought. I was led to believe it would be the attorney and I, only. Everyone was introduced. It was very formal.

The attorney said, “This is Mrs. Schmitt. She is an expert and she is going to tell us how to proceed. Go ahead, Mr. Jones (not his real name), tell her your story.”

I felt my eyes bug out. My inner voice said, “Wait! I didn’t practice this! No time for a mentor request.”

The man started talking, but I could not understand him. His lips were moving and I could hear his voice, but I was so paralyzed with fear that I wondered what I looked like to him or, horror of horrors, what did I look like to the attorney?! I thought, “I better snap out of it because the attorney is going to expect something intelligent from me!”

Thank God this drama was only going on inside my head and not in the room. In a split second, I realized that sitting in front of me was a patient, Mr. Jones. My nursing instincts kicked in. I forgot about the power suit I was wearing and immediately began to assess his physical condition and his words became crystal clear. “The other guy dropped the air conditioner causing me to fall and hurt my back and knee,” he continued.

The 30 services that Certified Legal Nurse Consultants offer with a risk-free guarantee faded away as I asked, “How many days after the surgery did you notice the redness and swelling?”

My sample work products became forgotten when I told the attorney, “The infection that your client acquired after surgery was not the result of mismanaged care because they did a culture and treated it in a timely manner.”

The attorney asked numerous questions: “How can you tell if it was the hospital’s fault? What can you tell from the medical records?” The attorney mysteriously became a patient as well. She wanted to know what I knew. I answered all her questions demonstrating how I, the Certified Legal Nurse Consultant, could help with her medical-related cases. I stated that in my opinion there was no medical malpractice in this case and that she should only pursue the personal injury claim. I explained vocational and functional capacity evaluations that could strengthen her case. As the conversation went on she was amazed at the information I provided. She was a criminal defense attorney and had people ask her about taking medical malpractice cases. She said she had five potential medical malpractice cases and set up an appointment with me for the next case.

That experience changed me. I had heard other success stories that sounded too good to be true; a CLNC^® consultant goes into an attorney’s office and walks out with armloads of cases. But this attorney was truly sincere.

I now remember that I’m a nurse when I market to attorneys, which is what I should have been doing all along. I am not a salesperson, I am proud to be a nurse. Now, when I go into attorneys’ offices, I hope I meet them and ask if they are in so I can meet them. I look forward to educating them about how I can cost effectively consult on their medical-related cases. The expertise of registered nurses is as important to attorneys as it is to patients. Thanks to Vickie Milazzo and the CLNC^® Mentors, this expertise is available to every attorney through all of us Certified Legal Nurse Consultants. It is our job to educate attorneys in every creative way we can.

Guest Blogger Profile

Diana Schmitt, RN, BSN, CLNC has 24 years experience in the health care industry and is the owner of Diana Schmitt & Associates Certified Legal Nurse Consultants. Her firm specializes in merit review, expert witness location, and medical literature research for medical malpractice cases.

I just mentored a Certified Legal Nurse Consultant who had completed a project for an attorney. She had not entered into a contract or letter agreement and did not get a retainer before starting the project. After completing the project she had difficulty getting paid for the work she’d done. When she contacted the Institute for mentoring, I asked her to describe her plan for solving this challenge. Her response was, “I guess I’ll just chalk this one up to experience.” That was exactly the WRONG THING TO SAY to me. I was all over that like a goose on a bug.

“No, you don’t chalk it up to experience. No, you don’t write off your time or claim you’re gaining experience just because you ignored the model for success you learned in the CLNC^® Certification Program. That time you want to write off, you will never get back. The time you want to write off would have been better spent solidifying your relationship with your attorney-clients, marketing to grow your CLNC^® business and working on cases for $125 per hour. Lost time is lost money. Sometimes you have to chalk a mistake up to experience, but this is not one of those times. Why? Because you didn’t make a mistake. You consciously chose to do something you knew you should not do. With that conscious decision comes a conscious price you pay.”

I am all for making mistakes (I make at least one every day, sometimes before I even get out of bed). After all people who never make a mistake never make anything. But I am not into making just any mistake – especially not mistakes that are obvious and avoidable. Instead I aim for making intelligent ones. Making a bad choice and expecting a different outcome isn’t a learning experience, it’s insanity.

In the CLNC^® Certification Program I teach that when you do X, you will get Y result. For 27 years I have taken the Xs very seriously and that is why CLNC^® graduates get the enviable results they do. But if you choose to do Z, do not expect to get Y, and you shouldn’t be surprised by the pain either. (Think about a recipe – even growing up in Louisiana we didn’t add crab boil to our lemonade – bad choice – bad result.)

My motto is “Do what is right, not what feels easier at the moment.” And if you are uncertain, go back and review the pertinent portions of the Core Curriculum for Legal Nurse Consulting^® textbook or request mentoring. It’s always better to take the time to prepare in advance than to lose the time, money and possibly an attorney-client because you didn’t.

Make it your goal to only chalk up to experience that which is enriching. This is how you grow yourself and ultimately your CLNC^® business.

To life’s enrichments.

Success Is Inside!

Sometimes silence really is golden. Any negotiating coach will tell you that in a situation where one party to a negotiation makes an offer or statement and a period of silence sets in, the first party to talk or break that silence loses the point. Silence can be uncomfortable when you are talking to attorneys about your legal nurse consulting services, so how do you pull that off?

Let’s say you quote your legal nurse consulting fee and the attorney says “that’s expensive.” Pause, take a deep breath and visualize (without smiling) that attorney in the hospital wearing a hospital gown with his backside showing. For all you know he’s just thinking and processing out loud. 10 seconds, 20 seconds, a minute…your silence is a demonstration of your confidence in your status as a Certified Legal Nurse Consultant. Soon the attorney will get uncomfortable enough to break the silence and accept your fee (which is quite reasonable) or negotiate further.

Success Is Inside!