On Monday, I had my first real test of virtual strength. I didn’t plan it that way, it just happened.
Every year, my son and I go away for a weekend in March to go skiing. There are two kinds of skiing. Winter skiing and Spring skiing. Winter skiing is a test of man against nature. Spring skiing is about man appreciating nature. There’s nothing like floating down a mountain of snow on a warm sunny day.
I digress…my son and I were away for our annual father-and-son spring weekend. As always for solos, getting away, even for a weekend can be difficult. For some reason, several last minute client matters arise that you feel compelled (ethically or contractually) to address before you go away. Of course, this year was no different. I worked right up to the last minute. We were supposed to leave early on Friday, and instead left on Saturday morning.
Rather than rush home on Sunday night, this year I decided to take Monday off and test out my abilities as a virtual lawyer. The skiing on Saturday was excellent (good snow, warm weather, lots of sun). But it rained Saturday night and was icy on Sunday. I looked at the weather for Monday, and it looked perfect. Being so late in the season, you can’t expect too many more days of skiing. The combination of warming temperatures, day-to-day obligations, and previously scheduled events minimizes the chances of enjoying another spring skiing day. Go for it!
But Monday was not Sunday and there was no Partner or Associate holding down the office. Was I able to maintain a professional practice remotely, any time, any where? How strong were my virtual lawyering skills? Well, this was a good test. I hadn’t originally planned to take Monday off, it was more spur of the moment. All I brought was my laptop and a pad of paper with my todo list. I didn’t even bring a pen. I had to use the complimentary pen from the hotel room.
Sometimes, as a solo, you and get away for a day without the phone ringing, and even if it does most client matters can wait 24 hours. Sometimes, you can’t.
Sunday night, I knew there were several projects which had a sense of urgency from the clients’ perspective. From my perspective, they were the typical “hurry up and wait”. You know the financing transaction that has to close this week and then the client sits on it for two or three weeks because something comes up or they’re not really sure they want to go through with it.
First, I made a deal with my son. We can stay an extra day and go skiing (and he gets to miss school), but I had to get my work done Sunday night. We stopped at the local video store rented the Star Wars trilogy for $1.25 and then I was free to work for the evening. The theory was that I could generate enough work to keep my clients busy (and happy) while I was skiing on Monday.
The second thing I did was to call my wife and ask her to forward my office phone to my cell phone (you can only do that if you are a solo attorney). That way, I could take my cell phone with me and, if something came up, ski back to the lodge to get my computer.
Third, I connected to the free wireless Internet at the hotel. I would have been happy to pay for Internet service, which they used to charge for, but this year the hotel made the brilliant decision to make wireless Internet free (probably to avoid technical support). The connection was a little slow, but I could live with it. I could receive emails through Outlook, but I could not send emails without using the web-based interface. Sending emails with attachments was quite a bit slower.
Finally, I set down to work. I read a few weekend emails from clients (I hate those!) and started drafting documents. As I worked, I realized my outstanding projects were bigger than I thought and the critical deadlines were closer than I had expected. The good news was that I was glad to be starting work at 5pm on Sunday evening in my hotel rather than driving home in 3 plus hours of traffic, packing and unpacking the car, and then trying to work at 9pm.
As it got to be midnight, my son fell asleep in the middle of the third trilogy; I was still working. I was determined to get several projects off to clients to free up the next day, even if I had to stay up late. Then, several clients (also working on Sunday night) sent emails raising new issues that could perhaps wait for Monday morning, but not Tuesday. By the time I got to bed, it was 4:30am. No problem, I would get 4 hours of sleep and then go skiing. Skiing in the warm sun would energize me.
At 8:30am, I woke up right on schedule. However, those projects that I sent to clients in the middle of the night, were already generating responses. Rather than keep the clients busy, they confirmed that the critical deadlines really were critical. Now I was in trouble. I had to file a new corporation in Delaware, revise financing documents, confer with outside counsel as well as the client, and get the financing closed by the end of the day.
The first challenge was faxing a document to the Delaware Secretary of State (“DE-SOS”). Yes, I could have called CT Corporation and emailed the document to them. But I try to keep costs down for client and I have gotten used to faxing my filings directly to the DE-SOS. I had no scanner or fax machine. All I had was my laptop. I called the DE-SOS and they said they only accept faxes; they could not accept email. If you know government offices, they were not about to make any exceptions for me or my annual father-and-son ski weekend.
The challenge was how to get an unsigned document out of my computer, signed, and faxed to the DE-SOS. First, I applied my electronic signature to the Certificate of Incorporation. Then, I saved it as a pdf to preserve the formatting. I attached the pdf to an email. All I had to do was to email to an online fax service and I was done.
Well, I had been meaning to sign-up for a PC to fax service, but had not gotten around to it. As a virtual lawyer, my plan was to forward the fax line in my office to an email fax. So, it was a problem I needed to solve anyway. Years ago, I used the free version of eFax, but I disliked having to download special software to read faxes written in a proprietary format. I assumed the fax services were better today, but I didn’t have time to research it.
So, there I was in my hotel room. The client said, “let’s go forward with the incorporation today.” It was 10am and the fax needed to be received by DE-SOS before 2pm. I can do this…I just need to signup for an online fax search. I did a quick Google search to find the most highly rated fax services. Several reviews came up quickly. One service offered a free trial. Great! Rather than take the time to compare services, I’ll just use the free trial to send out my document now.
In the meantime, there were a number of phone calls and last minute revisions to the financing documents. I still planned to buy a half-day ticket and go skiing in the afternoon. By noon, the sun would soften up the slopes and the skiing would be better.
Don’t forget to read the fine print. I sent out the fax document using the free trial, but nothing happened. No quick “confirmed” status. The website screen just said “processing.” That’s funny, in the real world, I hit the send button on the fax and it either goes through or fails within a minute or two. Instead, it just sat there “processing”. By 12pm, I got nervous and started reading the FAQs for help with the online fax service. In the fine print, I discovered that the free-trial was only good for 10 pages; my pdf document with the filing cover memo was 12 pages. Even when it gets done processing, this document was not going through.
Plan B was to go back to the reviews and, instead of the free trial, sign up for the top rated for-pay fax service. I could always cancel or change services later. I quickly concluded that MyFax and eFax were the most popular. The reviews suggested that they were equally as good, but MyFax was cheaper. I’m always in favor of supporting the underdog and saving a little money. 😉
I signed up for MyFax, paid by credit card, uploaded my document and within minutes I received confirmation that the transmission was successful. At 1pm, I called the DE-SOS and confirmed the fax arrived. Crisis averted. In the meantime, my son was thrilled to be playing video games rather than skiing. And after two hard days of skiing, he needed the break.
Okay, so grab a quick bite to eat for lunch and then hit the slopes. Right? Nope…more client issues that had to be solved today. Each one passed the test: will a 24 hour delay adversely affect the client? If so, get it done now. By 2:30pm my hopes of catching the last few rays of the new daylight savings time were fading fast.
I finished the critical projects by 4pm. We packed up the car and drove home. No, we didn’t get to enjoy that glorious day out on the slopes. No, technology did not save me time that day. But yes, the virtual lawyer experiment had worked. I could access information, knowledge and tools from a remote location and provide the quality of service that clients deserve.
Maybe I still need to improve my life-work balance, but that will come. Already, I feel more comfortable knowing that I can leave the office spontaneously and I have acquired one more tool (PC to fax) that will facilitate working remotely.
Have you tested your virtual strength lately? What technologies have helped you to work remotely?