Lawyers embrace fixed-price fees

One year on from implementing a 100 per cent fixed-fee billing structure, Perth law firm Bowen Buchbinder Vilensky says the move from traditional time-sheet billing to the new model has transformed the firm’s relationships with its clients.

“Clients love the certainty of fixed-fee pricing and knowing that they are not effectively writing a blank cheque,” BBV managing director David Vilensky said.

BBV said there were no hidden charges associated with fixed-fee pricing, which also included all incidental expenses such as telephone calls, postage charges and printing.

“Our experience has taught us that clients of law firms dislike the hourly rates regime, which most lawyers still use,” Mr Vilensky said.

“Instead, they prefer the certainty of fixed fees, which is fairer and promotes efficiency and effectiveness.”

The practice of time billing and hourly targets, in particular, was criticised by WA Supreme Court Chief Justice Wayne Martin late last year.

“It discourages the active and detailed supervision of junior staff, it discourages collegiality and mutual cooperation between colleagues and it reduces quality of life,” Mr Martin said.

Mallesons Stephen Jaques solicitor Michael Robbins told a Law Week seminar last month billing targets caused lawyers to view their worth in six-minute increments.

“In order to be profitable, the young lawyer must make enough money, not only to cover their own salary and their own overheads, but also make money for the firm,” Mr Robbins said.

Other WA firms, such as Lavan Legal, are adopting the fixed-price billing approach for some practice areas, to achieve greater profitability and relieve lawyers of time-billing pressures.

Lavan Legal managing partner Greg Gaunt told WA Business News timesheets could promote inefficiency among lawyers.

“You often find that people will spend an inordinate amount of time on a particular job because the perception is that they need to fill up their timesheet,” Mr Gaunt said.

Mr Vilensky agreed that there was too much of a focus by law firms on the time spent on a particular matter. “There is little incentive for lawyers to be efficient when they are financially rewarded for the length of time taken to complete a task … charging by the hour promotes inefficiency and not outcomes,” he said.

BBV assigns a fixed fee to each case after it has been discussed by a value-pricing committee, comprising at least four lawyers from the firm. Jackson McDonald and Lavan Legal have appointed pricing committees, with others using cost consultants to help them tackle the issue.

5 videoconferencing fears (and how to overcome them)

More than half (54 percent) of employees regularly take part in work-related video conferences, but not all of them are eager participants, according to a recent report.

In the survey of more than 230 full-time U.S. workers by West Unified Communications, 23 percent of the respondents said that videoconferencing makes them feel uncomfortable, and three-quarters said they still prefer audio to video.

“There’s a definite fear factor among employees when it comes to using videoconferencing,” says Dennis Collins, director of marketing at West. “Just like listening to a recording of your voice makes people uncomfortable, many are uncomfortable with seeing themselves on camera.”

That unease is a major roadblock for many companies that are trying to adopt videoconferencing software and hardware and increase usage among their employees, Collins says.

“You don’t want the tech usurping the attention of video calls. Tech should enable better results, not inhibit it,” he says. “As workplace dynamics shift — with more millennials and fewer [baby boomers] — the use of video will grow.”

Millennials, perhaps unsurprisingly, are most comfortable with videoconferencing tools, according to the report. Of the millennials polled, 61 percent said they frequently use the technology, compared to just 44 percent of Gen Xers and 47 percent of baby boomers.

The differences in how employees react to videoconferencing in the workplace aren’t just generational, nor do people’s videoconferencing fears revolve solely around their concerns about how others will judge their appearances, according to West’s report. Employees worry about everything from public speaking (a concern expressed by 42 percent of the women polled and 34 percent of the men) to the background setting (a preoccupation for 15 percent of the male respondents and 25 percent of the female respondents).

Collins says both individuals and businesses can do things to ensure that people feel more comfortable — and more empowered — when using videoconferencing tools. Here’s a look at users’ top fears, plus tips for overcoming them.

1. I don’t look good on camera

“There’s an old adage that says the camera adds 10 pounds,” Collins says. “Overcoming the fear of seeing yourself on camera takes time and boils down to just getting used to it.”

In addition to just hoping that you grow more comfortable with the idea of seeing yourself on-screen over the course of several video conferences, concentrate on what you can change. For many people, it starts with wardrobe, Collins says. On the “no” list: stripes and busy patterns, which he says don’t translate well to video. Instead, go with solid, neutral colors.

Style of dress may also be a concern — though, compared with their colleagues in the office, people who work from home are probably more likely to fret about what to wear.

“Some people, especially remote workers, are afraid that others won’t think they’re working if they show up wearing a sweatshirt,” he says. “In many workplaces, that stigma [of working outside of the office] seems to have eroded, but if you’re worried about it, then dress up a bit for the meeting.”

2. Everyone can see what I’m doing

It’s not uncommon to multitask during conference calls — you might message others, check email or continue to work on the side. If you’re just on the phone, your fellow attendees likely won’t be aware of what you’re doing. But when you’re participating in a video conference, your actions are on display. This might appear to be a disadvantage of video vis-a-vis audio, but Collins says it may make videoconferencing a better medium for a meeting.

“When you’re on video, it’s clear what you’re doing. On conference calls, you’re probably not doing anything well — listening, working, whatever,” he says. “Generally, people who participate in video conferences are more prepared than they are for conference calls.”

In the West survey, 92 percent of the baby boomers polled reported an increase in attentiveness on video calls, compared to 78 percent of Gen Xers and 68 percent of millennials. If you’re worried about how others might perceive you, it’s best to eliminate all distractions beforehand, Collins says. Log out of messaging apps, silence your phone and tune out email alerts.

3. My house is too messy to be on camera

Three-quarters (76 percent) of the respondents said that distractions such as background noise or clutter in their colleagues’ home offices are major videoconferencing annoyances, according to West. If you’re logging on from home, consider staging your background. This means choosing a location that’s quiet, well-lit and free from clutter, Collins says.

“You need to become aware of your virtual presence,” he says. “Are there dirty dishes behind you? Is your dog running around? Most people aren’t video producers, so they’re unaware of how their surroundings can be distracting to others.”

You should also consider the context of the call when choosing a background. If it’s a quick status update of an internal team of colleagues, your setting can be more relaxed. If it’s a call with a vendor, consider staging the background, Collins says.

“And whether you’re logging on from your home or the office, make sure your window blinds are closed if it’s sunny,” he says. “You don’t want the camera to blast out from the background light, leaving you as a shadow.

4. I hate public speaking

One-third of the men polled and 42 percent of the women reported that their fear of public speaking makes them uneasy during video conferences, according to the report.

“People are more afraid of public speaking than they are of death,” Collins says. “I’ve seen CEOs who are passionate and energetic in small groups, but they’re not that way when they step onto a podium. It’s all psychological.”

As videoconferencing continues to grow more common, Collins says companies need to consider offering professional coaching to help employees overcome their fear of public speaking. However, just 23 percent of the respondents said they had received video etiquette training.

If your company doesn’t offer training in public speaking, consider seeking it out on your own. And until you become more comfortable, remember that there should be no stigma attached to calling in over the phone instead of logging on with video, Collins says.

“If you’re totally uncomfortable with speaking on video — to the point where video conferences are a speed bump instead of something that expedites progress — it shouldn’t be an issue to call in,” he says. “In the end, it’s about getting your work done efficiently, however that may be. This sort of thing takes time.”

5. I’m worried it won’t work

Many people are plagued by technical concerns — the audio or video not working, or the software not connecting properly, for example. Collins says the best way to conquer this fear is to familiarize yourself with the technology by testing it beforehand.

“Test the software, test the hardware, and test everything else, too,” he says. This includes performing a dry run to check on lighting, camera angles, audio quality and any other factors that could create distractions for fellow attendees.

“Take some time to visualize what others will see,” Collins says. For example, “make sure you don’t have confidential information written on a whiteboard behind you and that your lighting looks good,” he suggests. “This will help you feel more comfortable when it’s time for the real thing.”

Source: cio.com

Accountant vs. Bookkeeper: What Do They Do for a Business?

Small businesses live and die by their cash flow and accountability. Accurate recordings of transactions, coupled with proper assessment and processing, give small business owners a firm base on which to make decisions and create plans for growth.

Recording and understanding the sales, expenses and other basic business data should be easy enough for small business owners. But understanding the accounting needs of a business is not always so simple. What type of activity is considered bookkeeping, and when do you need an accountant instead? Is there even a difference between the two?

There is, and it is a simple but important one: Bookkeepers record a company's day-to-day transactions, while accountants verify and analyze that information.

Bookkeeping versus accounting

A bookkeeper's territory is daily financial transactions, which include purchases, receipts, sales and payments. Recording these items is usually done through a general ledger or journal. Many small businesses use software such as QuickBooks or Peachtree to keep track of their entries, debits and credits. Their efforts culminate in a trial balance, which means the final total of debits and credits match.

"Bookkeeping is designed to generate data about the activities of an organization," said D'Arcy Becker, CPA and chairwoman of the Department of Accounting and Finance at the University of Wisconsin. "Accounting is designed to turn data into information."

The role of an accountant, therefore, is to verify the data entered, and then use that data to generate reports, analyze the account, perform audits and prepare financial reporting records, like tax returns, income statements and balance sheets. An accountant's analysis of the financial information can provide information for forecasts, business trends, opportunity for growth and when to restrict spending to manage cash flow.

 "Accountants look at the big picture," wrote John Tracy in his book, "Accounting for Dummies" (For Dummies, 5th edition, 2013). "[They] step and back and say, 'We handle a lot of rebates, we handle a lot of coupons — how should we record these transactions? Do I record just the net amount of the sale or do I record the gross sale amount, too?' Once the accountant decides how to handle these transactions, the bookkeeper carries them out."

Hiring a financial professional

Regardless of the size of your company, it is critical for ongoing success to ensure the financial accuracy of daily transactions and use that data to make decisions for the future of your business. If you feel your business is growing too quickly for a "do-it-yourself" approach to finances, you should look into hiring someone to help you keep track and make sense of your business transactions. Business News Daily has published a guide to choosing a business accountant if you're not sure where to begin.

While many small businesses hire an accountant outside the company, bookkeeping is more diverse. Some small business owners do their own bookkeeping on software recommended or used by their accountant, providing it to him or her on a weekly, monthly or quarterly basis for action. Other small businesses are large enough to employ a bookkeeper, or have a small accounting department with data- entry clerks reporting to the bookkeeper.

Qualities your best bookkeeper should have

The primary task and responsibility of your bookkeeper is to keep track of the financial records of your business. And so, what should you look for in a bookkeeper?
  • They must be registered.

    • A bookkeeper performs basic accounting and is not technically a qualified accountant. They undergo a formal bookkeeper or accounting training and is preferably a registered BAS agent. Being a BAS agent means that they are skilled and qualified to do the job and they only need a minimum experience to account for GST and prepare BAS according to legislation.
  • They think like an accountant.

    • Hiring individual accountants and bookkeepers can cost you more since you are paying two different people to do different tasks. But having a bookkeeper who can think like an accountant can save you heaps. Like for example, if they can already do the necessary changes in your account then there is no need to consult an accountant.
  • They are charged on a fixed basis.

    • In our experience, it is better paying your bookkeepers on a fixed basis rather than paying them on a per hour basis. They are more efficient in this way and get their work done on time. No need to worry about getting your bills with fluctuating amounts.
  • They must be knowledgeable and experienced.

    • A more experienced bookkeeper may always seem to have higher rate compared to a less experienced one – this is not true, as the experienced one can work significantly faster and better than the bookkeeper with less experience. Having a bookkeeper with great knowledge and great experience will let you not worry about your bookkeeping. Great experience results to great results, therefore, hiring a good bookkeeper is not only what you want and need. You need a great one to perform a great job!

Now, here are the signs that tell you that your bookkeeper is doing a great job:

  1. Your bookkeeper knows the operation of your business. Of course, they must know the ins and outs of what you do in your business.
  2. Your bookkeeper helps you simplify and make your processes more efficient.
  3. Your bookkeeper asks you questions to ensure transactions are correct.
  4. Your bookkeeper knows what is legally within their scope. As BAS agents, they are not permitted to give any income tax or FBT advice – and they should know about this.
  5. Your bookkeeper does their own research. They know the latest updates in bookkeeping, accounting and technology. They should be able to explain to you and encourage you the use of cloud accounting packages such as MYOB Essentials or MYOB AccountRight.
  6. Your bookkeeper has good relationships with his/her clients. A reliable and trustworthy bookkeeper can help you get the most out of your accounts.
If you want to focus on your business operations and not worry about your bookkeeping, then hire a great bookkeeper.

The Video Conference Connection: Doing it Right

In a global business environment, video conferencing advancements bring people together from all four corners of the world. The enhancement of video conferencing technology makes it both affordable and efficient for organizations to use this method for conducting workplace communications. From recruitment efforts to strategy meetings, video conferencing technology can be accessed from desktops and mobile devices, connecting the right people to increase productivity and functionality across multiple office locations.

Instant Is Better For Everything But Coffee

Video conferencing advancements have changed the way many businesses operate. Unified communication solutions allow organizations to combine video conferencing (VC) with Voice over Internet Protocol (VoIP) business lines for more personal communication with clients and employees. Virtual meetings can be held on-demand from any location, which ensures the leadership team is always at the forefront of vital information even on-the-go. For example, HireVue, one of the pioneers of virtual interviewing, provides an easy way for recruitment teams to screen and interview candidates, improving the recruitment cycle by as much as 25 percent and increasing the likelihood of retaining candidates by 29 percent. Similarly, GreenJob Interview, a mobile-friendly video interviewing platform, has helped save companies over $40 million in recruitment costs just in 2015 alone.

The popularity of VC will slowly start to replace all other forms of communication, such as phone conferencing and even face-to-face meetings. People, particularly millennials, are very comfortable with the format and use it extensively in their everyday lives. According to the "Internet and American Life Project" from the Pew Research Center, 19 percent of American adults have at least tried video conferencing either through cell phones or a desktop app (such as Skype) -- a number that will surely increase each year as technology continues to touch every aspect of people's lives.

Frost & Sullivan, a consulting firm, reported that "companies adopting strategic collaboration tools now will be two to five years ahead of the competition." So video conferencing will influence the way businesses communicate and share information more and more as technology continues to advance and become more versatile.

Clearing Potential Hurdles

As with any form of technology, there can be potential pitfalls. Video conferencing is so cost effective that now any business can utilize it. Wait a second -- that's a downside? It may seem counterintuitive, and although it's cheap to implement, the proliferation of this technology has reduced the need for business travel to the point where many remote teams never actually meet in person. This could eventually lead to a wide disconnect inside organizations as coworkers fail to have the need to develop relationships.

A simple way to avoid this would be to implement policy and practices that require some brief and friendly interaction before meetings and discourage the "just get down to business" meeting model.

Video conferencing also contributes to the loss of personal interaction with job candidates who would traditionally come in for interviews. There is an acute loss of candidate assessment capabilities when you don't get to physically interact and interpret more subtle, yet just as telling, physical cues from your prospective employees.

But this drawback can also be sidestepped by directing hiring managers to develop questions that require a candidate to speak candidly about their character, rather than just their accomplishments. By asking them to engage on a personal level, you'll be able to suss out some of the details that get lost in the shuffle when they're just a face on a screen.

With Great Power Comes Great Accountability


It's up to HR leaders to partner with executives and managers to effectively use video conferencing advancements to enhance employee communication and productivity. Here are some best practices:

Using video conferencing only as needed


Not all meetings and project interactions can be managed with VC technology. Create a policy for the appropriate times to use this technology and when it may be better to choose traditional meeting methods.

Set standards of behavior during video conferences


The organization should set forth a policy on how to use video conferencing, including the use of meeting agendas and interpersonal communication tips for proper behavior of attendees (for example, introducing everyone in the room).

Watch for potential employment violations

Develop a strict policy on information and file sharing to avoid any potential breach of data. Ensure the video conferencing environment is always secure for meetings (when traveling, be in a private area when participating in meetings).

Actively communicate policy changes and technology updates


Whenever possible, let all employees know about important updates to the VC technology, including security and use. Communicate often about the appropriate use of video conferencing for recruitment, customer service and interdepartmental meetings.

If executed wisely, your organization can use video conferencing technology to boost performance, improve communication and promote an organization that is together, not just interconnected.

Source: adp.com

Choosing the Right Lawyer in a Family Law Matter

Choosing the right lawyer in a family law matter can often be difficult. A family lawyer is, for most people, someone seen for a small, but crucial, part of their lives- the end of a relationship. We are not like your business/commercial/property lawyer who you see from time to time over a number of years for different transactions.

Often your business lawyer is not able to be your lawyer in your family law matter as they may have acted for your spouse as well as you over the years. They may have prepared your Wills or acted for you in the buying and selling of homes. This is called having a conflict of interest. Even if they have not acted for your spouse, your business lawyer may have met your spouse over the years and feel uncomfortable about acting against that person. In addition, many business lawyers do not practice in family law and recognise that you need a specialist (“horses for courses”).

A good family lawyer needs to be sympathetic to you but will not always agree with you. You are not paying a lawyer to agree with you. You are paying a lawyer to give you their professional opinion and advice based on their experience and expertise.

Family lawyers need to have a working knowledge of many areas of law. A relationship breakdown impinges on many areas of law: from criminal law to bankruptcy; from property to tax law. A good family lawyer will know enough to seek advice from other specialist lawyers when your case requires it. A good family lawyer will also liaise with your accountant and financial planner, both to seek advice when needed, but also to make sure that the financial goals you were trying to achieve with them are consistent with the approach that is being taken in your family law matter.

You need to feel at ease with your family lawyer. Some clients express surprise at the amount of detail we need from them. Therefore before making an appointment you might wish to consider whether you feel more comfortable talking about private matters with a man or a woman or whether you want someone your age, older or younger? Different cases necessitate different levels of personal detail.

You should feel confident in seeking a second opinion if you just don’t feel right about something your lawyer is advising.

In seeking information about who to see, consult family and friends whose opinions you value. Your business lawyer, accountant or financial planner can also be a source of information and most firms have a website where you can gain a feel about the firm.

One of the most important things to remember in choosing your family lawyer, however, is not to leave it too long. If you are the instigator of the breakup then you may wish to get advice prior to separation. If the break up has come as a shock, you should have it as one of your priorities to obtain family law advice so you know where you stand. Some of the most important decisions are made at or very soon after the time of separation, and forming a trusting relationship with a family lawyer early on is an enormous benefit.

Japan's 10 Best Skiing Resorts | Winter in the Far East


Winter in Japan
Japan’s ski resorts are known for their excellent powder and gorgeous mountain scenery. There are more than 500 resorts of varying size found across the country, many of which are typically overlooked by international tourists. Aside from high snow quality, many ski resorts in Japan double as relaxing hot spring resorts, as well as offering a variety of other winter activities and festivities. Here are some of the best places to ski and snowboard in Japan.

Appi Kogen

Appi Kogen’s carefully-groomed runs cater to an upmarket crowd. The resort encompasses 45.1 km of pistes, most of which are found along the slopes of Mount Maemori along with two nearby on Mount Nishimori. The resort is known for its wide, long runs, with more than half stretching for longer than 2 km. Although there’s no village or town around Appi, it offers the chance to visit an authentically Japanese resort with few international tourists. There’s also a family park with mini-courses, sledding, and snow tubes for children. The resort is located in Iwate Prefecture in the Appi Highlands, 50 km north of Morioka and 580 km north of Tokyo.

Asahidake - Hokkaido, Japan
Asahidake

Asahidake is an excellent spot for advanced skiers and boarders, offering a variety of alpine terrain and tree skiing. The back-country slopes are set in Daisetsuzan National Park on Mount Asahi in central Hokkaido, about 1 hour east of Asahikawa. Visitors have access to 500 vertical meters of terrain and four groomed trails. Asahidake is officially a national park rather than a resort, so facilities are quite limited which is part of the area’s appeal for skiers and boarders looking to escape the crowds and take on a challenge. The area also features a handful of cross country ski trails, and a number of the hotels offer onsen.

Furano

Furano is a popular ski resort in Hokkaido with 25 km of groomed ski runs. The resort is ideal for families, with varied beginner trails in addition to an attraction called Family Snowland which offers other winter activities like snowmobiling and dog sledding. There are also runs to challenge advanced skiers and boarders, including a World Cup sized half pipe, downhill courses, and terrain parks. Furano’s lifts are exceptionally fast, and the weather is generally sunnier compared to Hokkaido’s other resorts. Furano town, which is located 141 km northeast of Sapporo, can accommodate English-speakers yet it does not exist solely to accommodate skiers and thus remains authentically Japanese.

Want to see all skiing sites in Hokkaido? See Hokkaido Ski Package

Hakuba

A favorite of international tourists, Hakuba comprises 11 different ski resorts. Bordered by 3,000-meter peaks, Hakuba is located the Northern Alps, 44km west of Nagano. The area gained international attention in 1998 when it hosted several competitions during the Winter Olympic Games. With 137 km of piste and more than 200 courses, Hakuba’s resorts offer incredible variety with runs suited to skiers and boarders of all levels. The main village, Happo, is home to some excellent izakayas and restaurants, or there are also quieter villages in the area for those who want to stay away from the crowds.

Niseko 
Niseko - Snowboard Backcountry

Located 100 km southwest of Sapporo, Niseko is one of Japan’s most famous ski resorts. Niseko features 47 km of groomed terrain and is thought to receive more snowfall than any other ski resort in the world. The resort’s trails are ideal for skiers and boarders of all levels, with plenty of pistes geared towards families and beginners. The resort also offers extensive off-trail skiing, which can be accessed through special gates or by participating in a guided tour. Niseko is actually composed of 5 different resorts, the largest of which is the Grand Hirafu. Hirafu Town is known for its excellent après-ski, with many lively bars, restaurants, and karaoke spots.

See more Niseko ski packages

Nozawa Onsen

Nozawa Onsen is located in northern Nagano Prefecture, 46 km northeast of the city of Nagano. Opened in 1924, Nozawa Onsen is one of Japan’s oldest, largest, and most popular ski resorts. The resort features over 50 km of pistes, ideal for skiers and boarders of all levels, including a half pipe, moguls, a 39 degree incline, as well as gentler slopes for beginners. The resort is also ideal for families, with English-speaking instructors available for children’s ski lessons. Nozawa Onsen town is particularly charming and traditional, with narrow cobbled streets and more than 13 public onsen.

Rusutsu

Offering 42 km of groomed slopes, Rusutsu is one of the top ski resorts in Hokkaido. The ski area is spread across three mountains, offering a variety of groomed trails for beginners. The highlight for advanced skiers is the resort’s convenient tree runs and back country, which are accessible straight off the lifts. The hotels in the area offer a great selection of restaurants, plus there are a few smaller restaurants found near the base of the mountain. Kids can enjoy dog sledding, tubing, and snowmobiling, while the resort is also home to pool facilities and onsen. Rusutsu is located 90 minutes southwest of Sapporo.

Sapporo Teine

Sapporo Teine is ideal for day-trips from Sapporo, located 20 km northwest of the city center. The resort attracts novices with its Olympia Zone, which offers wide, gentle slopes for beginners and night skiing. For more advanced skiers, there’s the Highland Zone which includes medium to advanced courses, and off trail runs. Set 1,000 meters above sea level, this upper area provides visitors with fantastic views over Sapporo and the ocean. The resort also includes a snow park with boxes, jumps, and rails, as well as a family park with tubing and sledding.

Tomamu

Tomamu is an upscale ski resorted located in central Hokkaido, 150 km east of Sapporo. This modern, swanky resort includes a 50-meter wave pool, sophisticated restaurants, and sleek hot spring facilities. The resort offers 21 km of slopes, with a variety of runs for beginner and intermediate level skiers, along with ‘expert’ courses and sanctioned off-piste skiing areas. Other activities include cross country skiing, snowmobiling, snow rafting, and heli skiing. For kids, there’s a snow playground, snow boat rides, and a special snow playground. In the evening, check out the resort’s Ice Village, which consists of a restaurant, bar, shop, and wedding chapel housed in domes made of snow and ice.

Yuzawa 
Yuzawa - Naeba Prince Hotel

Yuzawa is one the easiest ski areas to access from Tokyo, located 200 km away from the city and reachable in less two hours by train. Located in Niigata Prefecture, the area encompasses about 20 resorts, all of which are accessible by public transportation. A number of these resorts offer combination lift tickets, and connections that make it possible to ski or snowboard between them. Visitors will generally find beginner slopes near the center of town and more challenging runs around the Mount Naeba resorts. The area also features excellent onsen, with baths available at resorts, hotels, and shinkansen stations, including a few public bath houses.




Source Written by: Jessica Dawdy