Successful Barrister

Did you know a good vendor can manage themselves? That’s the dumbest thing Marc’s ever said. In this episode of the Successful Barrister, Marc Whitehead & Diana Berry recap their visit to the AAJ 2025 Annual Convention in chilly San Francisco and set the record straight on building & managing strong vendor relationships. Hear how to choose the right vendor for your law firm, how to set clear expectations with your vendors, why you need to communicate frequently & transparently, how to track their performance with data, how to be a good client, and when to walk away. Complete with branded socks and a trip to Walmart.Learn more about the Successful Barrister at SuccessfulBarrister.com, Marc Whitehead & Associates at DisabilityDenials.com, and contact Marc Whitehead at Marc@MarcWhitehead.com

Running a profitable law firm is one thing, but maintaining healthy cash flow is another. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry dive into the numbers behind law firm management, specifically focusing on the cash strategies outlined in Verne Harnish’s book Scaling Up. While EOS offers a solid framework for team health and traction, it doesn’t address the cash side of business—so Marc and Diana walk through the cash flow tools they’ve adopted from Scaling Up and how they apply them inside a real-world law practice.From the timing of contingency fees and billing delays to operating expenses and bad-case inventory, they break down the entire cash conversion cycle. You’ll learn how to reduce collection lag, manage vendor terms, and forecast cash more effectively. Whether you're running a contingency-based firm, charging flat fees, or billing hourly, this episode offers a toolkit for tightening up your cash position, improving profitability, and avoiding the all-too-common trap of being profitable on paper but broke at the bank.For detailed show notes, navigate using the timestamps below:[0:00] Marc and Diana kick off a Friday recording session and introduce the focus of today’s episode: cash flow inside law firms and what EOS doesn’t cover.[00:50] EOS vs. Scaling Up—why Marc incorporates Scaling Up’s cashflow tools at the finance committee level to fill in financial gaps.[04:38] Profit isn’t cash. After taxes, credit payments, and case expenses, your bank balance may look very different than your P&L.[09:45] Contingency-based firms often face long delays between finishing work and getting paid. Meanwhile, overhead and draws keep draining cash.[15:40] The Cash Conversion Cycle tracks every step from initial spend to final payment. Each phase—sales, delivery, billing, collections—can be optimized.[23:12] The seven levers of cash flow: pricing, volume, direct cost, operating expenses, receivables, inventory, and payables. Small adjustments can yield big results.[35:48] Marc’s firm uses a 13-week cashflow forecast and weekly dashboards to monitor real-time cash. It’s about anticipating—not reacting.[41:55] Final metrics to watch: time on desk, unreimbursed costs, budget vs. actuals, and line of credit usage. These indicators help you stay ahead of cash problems.Successful Barrister website: www.successfulbarrister.com  Marc Whitehead & Associates: www.disabilitydenials.com  Scaling Up by Verne Harnish: www.scalingup.com/book  Contact Marc Whitehead: marc@marcwhitehead.com

When you’re running a law firm, pressure is part of the package—but how you respond to that pressure determines your long-term success. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry explore how Stoic philosophy can help lawyers navigate the inevitable stressors of legal practice. Drawing from Ryan Holiday’s The Obstacle Is the Way, they discuss how perception, action, and inner strength are essential tools for staying grounded, making better decisions, and leading with clarity—even when things don’t go according to plan.From client complaints and staff turnover to court delays and burnout, Marc and Diana share how to reframe challenges and move forward with purpose. They offer real-world applications of Stoic thought inside a modern law firm, including tips for conducting exit interviews, optimizing systems under pressure, and building emotional resilience. Whether you’re in a growth phase or navigating setbacks, this episode provides a clear framework for turning obstacles into momentum.For detailed show notes, navigate using the timestamps below:[0:00] Marc opens with a Star Trek reference and shares details about his upcoming interactive workshop with Atticus on October 3 in Houston.[00:51] What makes the workshop unique: it encourages lawyers to slow down, collaborate, and leave with a masterplan tailored to their goals.[05:39] Marc introduces Stoicism through the lens of The Obstacle Is the Way. Focus on what you can control and accept what you can’t.[13:34] Perception is the first pillar. Staff loss or negative reviews can become opportunities to improve systems and gather honest feedback.[24:24] Action is the second pillar. You may not be able to speed up court processes, but you can improve your own workflows and discipline.[31:15] Inner strength is the third pillar. Build mental endurance, find outside support, and create a culture of resilience within your firm.[40:53] Final thoughts: When pain hits, the key is to focus on what’s next. Journal, reframe the narrative, and keep moving forward.Successful Barrister website: https://www.successfulbarrister.com/Marc Whitehead & Associates: https://disabilitydenials.com/The Obstacle Is the Way by Ryan Holiday: https://www.amazon.com/dp/0593719913Register for the Oct 3rd Workshop in Houston: https://atticusadvantage.com/workshops/roadmap-for-success-houston/Contact Marc Whitehead: marc@marcwhitehead.com

When you're building a legal career, it’s easy to focus on success inside the courtroom—but what about financial success outside of it? In this episode of The Successful Barrister, Marc Whitehead and Diana Berry dive into the path toward true wealth and financial freedom for lawyers using the framework from Robert Kiyosaki’s Cashflow Quadrant.They break down the four types of earners—employee, self-employed, business owner, and investor—and explain how lawyers often end up as accidental business owners without a long-term wealth strategy. Marc shares his own journey through the quadrants, from a ranch hand at 15 to leading a law firm that runs without his daily input. Whether you're just starting out or wondering how to scale, this episode provides a candid, step-by-step look at how to shift from trading time for money to building systems that work for you.For detailed show notes, navigate using the time stamps below:[0:00] Marc and Diana introduce the topic of financial freedom for lawyers using Cashflow Quadrant as their guide.[0:53] They break down the quadrant’s four categories and why it resonated with Marc. Many lawyers unknowingly trap themselves in the self-employed mindset.[6:10] Diana explains each quadrant: E (Employee), S (Self-Employed), B (Business Owner), and I (Investor). They share how mindset and systems help move you through them.[9:57] Marc recalls starting out in W-2 jobs before going out on his own. He eventually transitioned to business owner and now invests in other firms—including ABS models.[16:07] Being an employee offers security, support, and a steady paycheck. But income potential is limited and control is minimal.[20:15] In the self-employed quadrant, you own your job but not a scalable business. Diana explains how being indispensable keeps lawyers stuck and vulnerable.[28:27] Marc shares how his firm now runs without him thanks to systems and strong teams. This quadrant is about building wealth through others’ time, not just your own.[32:58] As an investor, Marc puts up capital in mass tort litigations and other ventures. These investments generate income without requiring his time or legal involvement.[41:15] Final thoughts: To build wealth, move right on the quadrant. Learn to let go of control, manage risk, and build leverage for long-term freedom.Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/Cashflow Quadrant by Robert Kiyosaki: https://www.amazon.com/dp/0446677477Email Marc Whitehead: marc@marcwhitehead.com

What do cargo planes, Star Wars, and disability law have in common? In this episode, Marc and Diana dive deep into the power of storytelling and why every lawyer needs to master it—both in the courtroom and in their marketing. Whether you’re persuading a jury or speaking to potential clients, turning your cases into compelling narratives makes all the difference. They discuss insights from Donald Miller’s Building a StoryBrand and break down the SB7 framework with a fictional—but all too familiar—character named Mike the Mechanic.Marc also shares how he uses Mike’s story to communicate what his firm does in a way that sticks. Listen in for tips on making your client the hero, establishing your firm as the guide, and creating clarity in your message that leads to action.For more detailed show notes, navigate using the timestamps below:[0:00] Introduction [0:51] Marc shares takeaways from a recent summit while Diana reflects on her trip to the Dominican Republic. Together, they introduce Building a StoryBrand and compare courtroom storytelling with marketing strategy.[5:29] Marc and Diana explain that many lawyers market themselves instead of focusing on the client. Marc uses a Star Wars analogy to break down the SB7 framework and highlight the importance of having a hero, guide, villain, and call to action.[12:25] Marc introduces Mike the Mechanic to illustrate the storytelling process. The hero of the story is always the client.[15:12] Marc outlines how to establish a strong problem and villain, using the insurance company as Mike’s obstacle. Diana walks through four qualities that make a villain compelling.[21:10] Marc explains that the lawyer plays the role of the guide, offering both empathy and authority. At the firm, this includes showing clients how they hold insurance companies accountable.[25:48] Diana covers the next step in the framework: the plan. Marc Whitehead and Associates gives every client a handbook and includes a 30-day opt-out, helping reduce commitment anxiety.[30:48] Marc shares how his team prompts clients to act after a denial letter, encouraging them to respond before their appeal window closes.[33:25] Diana explains that people often act to avoid failure more than to gain success. In Mike’s case, failure means no income or peace of mind.[39:23] Marc retells Mike’s story from start to finish, showing how it helped educate a room full of lawyers. Framing real issues through narrative proved far more effective than delivering technical explanations.Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/Donald Miller’s StoryBrand: https://amzn.to/3VF4tfdEmail Marc Whitehead: marc@whitehead.com

 When you're running a firm, having great ideas isn't the hard part—implementing them is. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry introduce you to the Entrepreneurial Operating System (EOS), a proven framework that helps law firms gain traction. From the Vision Traction Organizer to Level 10 meetings and scorecards, they walk through the tools that brought clarity and accountability to their firm.You'll learn how to identify the right tools for your team, where to get them for free, and why even small changes can create serious momentum. Whether you're solo or managing multiple departments, EOS offers structure without rigidity—and can eliminate wasted time, unclear expectations, and unnecessary meetings.For detailed show notes, navigate using the time stamps below:[0:00] Marc and Diana introduce the topic of EOS and share why they’ve implemented its structure and tools inside their own firm.[2:18] They explain what EOS is, what it helps with, and where to find free versions of its tools online. EOS isn't a sponsor, just a system they’ve found useful.[8:47] Marc shares his favorite tool, the Vision Traction Organizer (VTO), and how it creates a living five-year business plan that grows with your firm. Diana pushes back on how hard it is to perfect, while Marc stresses the importance of flexibility.[20:04] Diana highlights the Level 10 Meeting and why its consistent agenda increases accountability and keeps meetings productive. The IDS section—Identify, Discuss, Solve—is where real progress is made.[29:32] Marc explains the Accountability Chart and how it clarifies who is responsible for what in your firm. It replaces the org chart and helps prevent confusion about accountability.[35:19] Diana dives into the Scorecard and how it tracks weekly data with red/green indicators to monitor trends and outcomes. Though it was tough to implement, it’s now an essential part of their firm’s management rhythm.[45:14] The duo discusses two more tools they love: the People Analyzer, which evaluates team fit based on core values, and Delegate & Elevate, which helps leaders identify what tasks they should let go of.[58:18] Final thoughts: Start with one EOS tool and build from there. Visit eosworldwide.com, get the book Traction, and take action one step at a time.Resources Mentioned in This EpisodeEOS Worldwide Website: https://www.eosworldwide.comFree EOS Tools: https://www.eo

Labor shortages, retention problems, and rising costs—sound familiar? In this episode, Marc and Diana discuss how offshoring (and nearshoring) can solve staffing problems without compromising quality. You’ll hear firsthand experiences, best practices, vendor recommendations, and how Marc Whitehead & Associates integrates offshore staff into the firm culture. If you’ve been curious about how offshoring could work in a legal setting, this episode is packed with the insight and cautionary wisdom you need to get started.For detailed show notes, navigate using the timestamps below:[00:00] Introduction[1:22] Marc and Diana ease into the episode with a casual catch-up and introduce the topic: offshoring as a scalable solution to labor shortage. [04:18] Marc explains how COVID impacted hiring. Diana and Marc share how they turned to offshoring as a solution and the kinds of tasks offshore workers initially helped with.[07:33] Marc and Diana discuss how offshoring supports future scalability and how to hire strategically. They give insight into early struggles and lessons learned around screening, language requirements, and vetting partners.[12:47] The conversation shifts to best practices in evaluating companies. Diana stresses the importance of clarity, especially as needs evolve. She outlines the benefits of internal screening processes, video assessments, and understanding international education standards.[20:16] Offshore workers do get access to your systems, but with oversight. Marc compares the risk to hiring inexperienced domestic staff and talks about monitoring tools like Active Trac and Teramind. [26:25] A deeper look into how tools like DialPad and Teramind help monitor productivity. Marc emphasizes that monitoring and performance tracking are critical regardless of location.[28:05] Diana and Marc dive into specific vendors they’ve worked with. They also emphasize matching vendor capabilities with job needs.[45:00] Looking to the future, Marc shares thoughts on where outsourcing fits into firm growth and how it intersects with AI. He encourages starting with mundane, time-consuming tasks, and stresses the importance of trust and consistent integration.[51:50] Onboarding, continuing education, and KPIs must apply equally to domestic and offshore staff. Marc notes the loyalty and long-term perspective of offshore hires.[55:50] Cost breakdown: Offshore labor is typically half the cost of domestic staff, with added flexibility and scalability. Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/iFIVE: https://ifiveglobal.com/about/Black Birch Group: https://blackbirchgroup.com/OnlineJobs|PH: https://www.onlinejobs.ph/Get Staffed Up: https://getstaffedup.com/Email Marc Whitehead: marc@marcwhitehead.com

When cash flow gets messy, even the most organized firm can spiral into chaos. In this episode of the Successful Barrister, Marc Whitehead and Diana Berry dive into the mechanics of law firm profitability, from phantom income to the RULES matrix. They talk candidly about the financial traps contingency firms fall into and how Marc Whitehead & Associates dug their way out. You’ll learn why more cases don't always equal more profits and how law firm owners can use financial data—not gut feelings—to lead better. If your cash flow depends on you, it’s not dependable.This conversation is grounded in real experience and informed by tools like Atticus’s RULES matrix and Cash Flow and Profitability, by Mark Powers and Shawn McNalis. Whether you're solo or scaling, this episode challenges you to run your firm like a business and invest in systems that create freedom.For detailed show notes, navigate using the time stamps below: 0:51 Marc and Diana talk about the end-of-school-year chaos known as “Maycember,” sharing some behind-the-scenes from Marc’s family life.2:34 Cash flow isn’t just numbers—it’s what lets you sleep at night. Marc breaks down how financial visibility helps owners avoid panic and make strategic decisions.6:12 Phantom income hits law firms hard. Marc explains how repaying credit lines and fronting expenses can skew the reality of profitability and create tax burdens not reflected on a P&L.12:12 The myth that more cases equals more profit is busted. Using the RULES matrix from Atticus, Marc explains that profitability is about quality, not quantity, and highlights key takeaways from Cash Flow and Profitability.16:05 RULES stands for Rate, Utilization, Leverage, Expenses, and Speed—each a lever that impacts your firm’s cash flow. The discussion unpacks what each element means in real-world operations.22:06 To improve their fee structure, Marc Whitehead & Associates tightened client criteria and monitored feedback from intake staff. Collections are just as important as pricing in the profitability equation.29:11 Utilization is all about maximizing productivity. Marc shares how they assign tasks based on skill level, and even used overseas help for small but time-consuming jobs.32:01 Leverage involves knowing your labor-to-revenue ratio and using tools like Foundation AI to automate repetitive processes like scanning mail. Technology and training go hand in hand.35:58 Expenses can quietly eat away at profits. Marc and Diana describe how they used a zero-based budgeting approach to cut nearly $100,000 by reassessing every line item.39:55 Speed—how long a case sits on your desk—directly impacts value. Marc reflects on how delaying settlements used to feel productive but ultimately cost the firm time and money.43:10 From chaos to clarity requires a mindset shift. The episode wraps with a breakdown of the Cash Flow Quadrant from Rich Dad, Poor Dad, encouraging lawyers to evolve from self-employed to true business owners.Atticus RULES Matrix: https://atticusadvantage.com/Buy Cash Flow and Profitability: https://www.amazon.com/Cashflow-Profitability-School-Running-Successful/dp/0578756382Buy Rich Dad, Poor Dad: https://amzn.to/4bMWoswFoundation AI: https://www.foundationai.com/Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/                       Email Marc Whitehead: marc@marcwhitehead.com

Marketing on a budget? As Marc Whitehead sees it, most firms are looking for a way to compete with the 800-pound gorilla in their market. How do you outcompete someone with a million-dollar budget? You don’t—you outsmart them. Tune in for tips about smart marketing, the top three channels for marketing on a budget, and key tips from Allan Dib’s Lean Marketing. Marc and Diana start by defining lean marketing, and then they dive into the book Lean Marketing and their takeaways from it. They move into discussing lean marketing as it applies to firms and the lean marketing strategies used at Marc Whitehead & Associates. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[1:52] Today’s episode will loosely cover Lean Marketing by Allan Dib. The book focuses on high-action, low-waste, and fast feedback marketing. [5:44] The first step to lean marketing is avoiding random acts of marketing. Next, you look at how you can out-compete the largest players in your market by focusing on smart spending. [7:49] Marketing is the price you pay for being unremarkable. In your marketing, you have to identify something that makes you remarkable, or at least unique, and sell potential clients on that aspect. [10:13] Lean marketing is about being strategy-first, and then moving into execution. Blindly executing on ideas without a plan is a great way to waste money.[14:38] Marketing campaigns can focus on any of seven motivators: money, time, freedom, peace of mind, status, leisure, and approval. Key motivators for law include money, time, status, freedom, and peace of mind. [21:21] Your firm is in the people business, so definitionally it is in the feelings business. Marketing is about playing into the feelings clients have about their legal representation.[23:20] Marc Whitehead & Associates has identified three unique parts of their firm: Marc Whitehead is board certified, he wrote a book on disability law, and his firm is convenient and easy to work with. [26:35] There are three cost-efficient tools that Marc recommends. The first is digital channels like having a good website and search engine optimization. The second is attorney referral marketing, or marketing to other attorneys. The third is client referral marketing. [33:52] For people with a small marketing team, social media can be used in a lean way by leveraging your networks.  [41:00] When Mark Whitehead & Associates experiments with marketing, the experimentations are tracked in a spreadsheet by the head of marketing. Channels are tracked by tracking numbers and surveys.Visit the Successful Barrister website: https://www.successfulbarrister.com/  Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Buy Lean Marketing: More leads. More Profit. Less Marketing. by Allan Dib: https://www.amazon.com/Lean-Marketing-Less-More-Business/dp/1774583941 Listen to Lean Marketing: https://www.audible.com/pd/Lean-Marketing-Audiobook/B0D2DW5KJF Email Marc Whitehead: marc@marcwhitehead.com 

Looking for the latest insights on marketing and managing your firm? In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss their key takeaways from the PILMMA (Personal Injury Lawyers Marketing & Management Association) Super Summit. They share their most memorable insights and favorite speakers, and share how they plan to apply these insights to Marc Whitehead & Associates. Tune in for information on holding your vendors accountable, scaling your firm, and making the most of the summits you attend. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[1:17] Marc and Diana went to the PILMMA Super Summit last week in Denver. PILMMA stands for Personal Injury Lawyers Marketing & Management Association.[3:15] The PILMMA Super Summit is three and a half days long, so it takes most of a week to attend. He took lots of team members with him, which will help with the dissemination of the key takeaways from the summit.[10:38] Diana’s first favorite talk was From Two to Two-Hundred: Key Steps in Scaling Your Firm from Greg Ward and Yanni Martinez Ward. Greg introduced the concept of the valleys of death to Diana. The valleys of death refers to the difficult period companies need to endure to scale. [17:30] Marc enjoyed many of the marketing presentations. Tanner Jones spoke on Building Accountability with Your Marketing Partners, specifically around holding your SEO vendor’s feet to the fire. [18:50] Jason Hennessey from Hennessey digital also spoke on SEO marketing, along with many other SEO marketing vendors. SEO marketing vendors will feed you statistics that may or may not be meaningful, and understanding what these statistics mean will help you keep your vendors accountable.[25:05] Diana found the discussion on attorney compensation from David Vicknair interesting. The main takeaway was that attorney compensation should be at or below twenty percent of your revenue. [34:25] Marc’s next highlight is Jeff Hampton’s presentation on YouTube marketing strategies. He talked about his strategy using YouTube to market his firm, and gave tips on creating compelling content. [41:04] Cassie Lewis was one of Diana’s favorite speakers, and she left with a lot of valuable takeaways from her presentation that were not directly related to her content. [46:02] Cassie Lewis has a side gig as a fractional CMO and is selling a course on marketing. You can take the course here: https://thecmoacademy.com/ Visit the Successful Barrister website: https://www.successfulbarrister.com/  Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: marc@marcwhitehead.com