August 22, 2008
"How to Help your Legal Staff Be More Productive by NOT Multi-Tasking"
Posted by Allison Shields: “I'm not a big fan of multi-tasking, and it's one of the things I often discuss when I'm writing or presenting on the issue of productivity. But today I came across an article in The New York Lawyer with a bit of a different twist on the issue of multi-tasking. In "Multitasking is a Misteak," the Assistant at Law talks about why expecting your legal staff to multitask hurts your practice.
Essentially, you don't want your staff to try to multi-task for the same reasons you shouldn't multi-task - it doesn't work and it is counter-productive. You can help make your staff more productive by reducing multi-tasking expectations.
The Assistant at Law says, "Staying focused is a perpetual struggle for legal assistants...[and] in fact, there is no such thing as multitasking at work. There are only interruptions that result in confusion and details slipping through the cracks in concentration."
To complicate matters further, many legal assistants, secretaries and paralegals work for several attorneys at once and each of those attorneys has their own work style, priorities and expectations.
So how can you, as the lawyer, help your staff multi-task less and focus more? I encourage you to read the whole article (you may need to be a subscriber to read the article), but here are some tips from the Assistant at Law:
• Don't use email if you want an immediate reply…
• Plan your work appropriately, especially if you're delegating work to a staff person who gets assignments from others as well…
• Delegate effectively to the staff person most suited to the task at hand (for more on delegation, see my posts, Do Something! Delegate Effectively - Even if You're a Solo and Do Something! How to Delegate Effectively, Part II);
• Train your staff for the position and the tasks you expect them to complete;
• Create standards for how work is to be completed to ensure consistency of your work product and make life easier for your staff;
Full text and active links are available at the source site listed below.
Source: Legal Ease Blog, 20 August 2008
"Making Your Office a Fun Place to Work"
Posted by Nerino Petro: “While most solo and small firm attorneys shy away from organizations such as the America Association of Legal Administrators (ALA) and their state chapters such as the Wisconsin Association of Legal Administrators (WALA), it doesn’t mean that you can’t take advantage of their offerings.
ALA provides the Legal Management Resource Center (LMRC ) which contains terrific articles and other materials many of which are free and don’t require an ALA Membership. One such article is Put on a Happy Face (and Mean It). Ponder these Points to Make Your Firm a More Pleasant Place to Work (click here to download this article in PDF).
The article’s author, Kriss Will, tried to convey the concept that office managers need to stop looking at attorneys as the “enemy” and stop the habit of bashing the attorneys. According to the author:
The message I wanted these delegates to take home was that they have some control over how they feel at work. Especially as management professionals they can influence the culture of an organization. People who moan and groan all the time at work are not fun to be around.
We all know this to be true, but it is so easy to forget – if all you are going to do is complain, no one wants to work with you.
This article is a quick read at only 5 pages, but contains some great thoughts and advice about making the office a better place to work. One that your staff will look forward to coming into each day. Here are a few of the points made and although they may seem a little campy, they are still sound:
Continue reading ""Making Your Office a Fun Place to Work"""Networking: Better to Give, Then You'll Receive a Plenty"
Posted by Tom Kane: “As I was working today to finalize an action plan for a client, I realized how important networking was going to be for this young lawyer who is interested in building an immigration practice.
Networking is not every lawyer's favorite thing, in fact, many attorneys are just not comfortable with it. Some because they don't think they're good at it, and others are not sure how best to do it. That's why I found Thom Singer's post of a couple of days ago on Some Assembly Required, which he calls "Yes, You CAN Network", right on target. First, Thom points out that "the best way to start is to want to see others succeed." I would agree that if you help others develop their business, they will then want to help you succeed as well.
Then Thom gives three good suggestions:
• Start networking by asking a lot of questions about what others want to accomplish,
• Next, connect the dots by introducing people who might mutually benefit from a relationship, and
• When meeting new people, don't try to sell your services (rather listen at least 50% of the time while asking probing questions to uncover their interests and goals).
Thom sums it up very well when he says:
"Anyone can network, when they realized that networking involves more giving than getting. The good news, the getting does come for those who give. Patience is the key."
Good advice.”
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 21 August 2008
"Staying the Course When Deciding to Go Solo (Part I)"
Posted by Susan Cartier Liebel: “When you first commit to the whole concept of entrepreneurship, starting a solo practice, you are simultaneously ecstatic and frantic and giddy and fretful. Once the decision is made, though, it seems you can't get started soon enough. You want to realize your dreams of self-employment, the autonomy, the flexibility.
You may start by scouring the internet for resources, telling all your friends, fantasizing of how you are going to tell your boss and co-workers your plans, maybe hire a coach or join a listserv, buy a domain name and business cards. You think about how you are going to make a difference in this world, maybe even that one case which changes law and people's lives into the future. You even envision what you will earn and how you will spend it. Yet after a few weeks, or even days, your initial euphoria and energy dissipates and you start wondering if you're making or have made a mistake. You question if you can do it. More importantly is it worth losing the (false sense of) security you have as an employee with work handed to you versus what you envision solo practice to be all about. After all, a bird in the hand.....
How do you keep yourself motivated and on track if this is what you truly want to do?
Continue reading ""Staying the Course When Deciding to Go Solo (Part I)""Three Good Articles from Law.com
Why Do Lawyers Lie? One Word: Narcissism
In the news: “How many of you have deliberately misstated important facts to a court? Attorney Arthur Burger has wondered what opposing counsel were thinking when they've lied in court. Even from a Machiavellian standpoint, how could they expect to gain anything from such easily rebuttable distortions? So Burger talked to psychiatrist Richard Ratner, who said that lawyers, generally, and litigators, in particular, tend to "have generous helpings of narcissism," which he says can be both good and bad.”
In-House Counsel as Whistleblower: A Rat without a Remedy?
In the news: “The legal profession has come a long way when it comes to in-house counsel blowing the whistle, says attorney C. Evan Stewart. Not only have we loosened our ethical obligations to clients, we have created the means by which we now can sue clients for discharge, using privileged communications against them. This, in Stewart's view, is a slippery slide away from the ideals of zealous client representation, based upon the principle of clients' absolute confidence in their attorneys' duty of confidentiality.”
Moving ESI as Real Evidence
In the news: “It's easy to "dummy up electronic documents," says computer forensic examiner John Simek. Although the Federal Rules of Evidence do not single out digital information for special handling, the question of e-files' foundation and authentication remains a complicated problem.”
Source: Law.Com's Daily Legal Newswire. 22 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Social Media Guide to PR 2.0 for Law Firms"
From the e-newsletter: “Jaffe Associates Publishes Definitive Guide to PR 2.0 for Law Firms Web 2.0 White Paper Offers Guidance for Law Firms Looking to Get Ahead of Social Media Curve.”
Source: FindLaw’s The Practice Paper: For Solo & Small Firm Lawyers. 21 August 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
"Microsoft Search Technology for the Legal Industry"
From the e-newsletter: “Legal professionals are surrounded by information. In fact, they are buried in it. From online legal research, to firm client and matter information, to the hundreds or thousands of documents produced each day, it is becoming increasingly difficult to get to the information needed in order to practice law effectively. Attorneys are "knowledge workers" that rely on fast access to information, and though most firms have plenty of valuable information and content, it is only an asset if you can find it. Not knowing what information you have, or how to access it when needed, is a liability.”
Source: FindLaw’s The Practice Paper: For Solo & Small Firm Lawyers. 21 August 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
"Labor Day"
From the e-newsletter: “Collection of links relating to Labor Day. "Labor Day -- the first Monday in September -- celebrates the contributions workers have made to the strength, prosperity, and well-being of America." Topics include history, facts, labor unions, and job search. From USA.gov, the U.S. government's official Web portal.
URL: http://www.usa.gov/Topics/Labor_Day.shtml#vgn-history-of-labor-day-vgn
LII Item: http://lii.org/cs/lii/view/item/26537”
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 21 August 2008. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
August 21, 2008
"Testing For Rainmakers"
Posted by Carolyn Elefant: “From law school finals to bar exams, lawyers routinely -- and in my view, foolishly -- place their faith in one-time test results rather than performance to judge merit. But now an article in The Lawyers Weekly (Canada) reports on one exam that actually make sense: a test for whether a lawyer has the talent to make it as a rainmaker.
According to the article, Dr. Larry Richard, a lawyer-psychologist and director of Hildebrandt International's Leadership and Organization Development program, has developed a test based on the Caliper Profile, a multiple-choice test that uses 18 base personality traits to assess a lawyer's rainmaking skills. Richard explains the five key traits of successful rainmakers:
First, they have ego drive. "They like to persuade people," Dr. Richard says. They achieve ego gratification by convincing others to adopt their position or buy their product or services.
Second, they score high on empathy. Rainmakers can see other people's perspective on an issue. "They're good at understanding how the buyer is thinking," Dr. Richard says.
Third, they demonstrate resilience. Rainmakers don't get defensive or hurt when they're rejected. Rather they view rejection as a challenge.
Fourth, they tend to be service minded. Rainmakers are natural salespeople, with a desire to help others.
Fifth, they possess conscientiousness. Rainmakers are disciplined and methodical in their approach to selling. To illustrate this point, Dr. Richard says that when a rainmaker sets out to attract clients, they will commit to contacting a certain number of clients each day. They won't be deterred if only a handful of contacts produce leads or work. "They are disciplined about doing it, even if it can be unpleasant."
Though Richard cautions against using the Caliper test as a way to select lawyers for employment, he believes the test has other uses. For example, firms might use the test to corroborate perceptions gleaned during the interview process or to identify and coach potential law firm rainmakers.
Because many lawyers either disdain rainmaking or aren't very good at it, using a test to cull the best prospects makes sense. Instead of spending thousands of dollars on rainmaking programs for lawyers who aren't willing to learn or implement the lessons, firms could divert resources to those lawyers who enjoy rainmaking and hold the most potential for success.
So are law firms using the Caliper test to identify rainmakers, and if not, why not? What do you think?”
The active links are available at the source site listed below.
Source: Legal Blog Watch, 18 August 2008
"Networking for Shy Lawyers"
Posted by Susan Cartier Liebel: “You've been told over and over again the way to get connections in the profession, drum up business, is network, network, network. You know I'm right. And you know for some people it is just so easy. They jump out there, do it as naturally as breathing. Yet you are more introverted, less comfortable in group situations, don't know how to break the ice or get with the 'in crowd.' Honestly, don't worry. But the question remains: how do you work with what you are to be successful as a solo practitioner?
First, before you go labeling yourself introvert and extravert (yes, that is the correct spelling), understand the difference and then realize you are what you are and you're not going to change:
I’m going by the definitions used by the Myers-Briggs Type Indicator. According to the MBTI, introverts get their energy from the internal world of ideas and images, and they feel drained if they spend too much time with people. On the other hand, extraverts (and yes, that IS the correct spelling as used in the MBTI) get their energy from the external world of people and things, and they go crazy if they spend too much time alone. It really has nothing to do with social skills, as evidenced by introverts like Jerry Seinfeld.
Whether you prefer the internal world or the external world, that preference is fixed. You can force yourself to act outside of your element, but an introvert can’t become an extravert and vice versa. (Pick the Brain)
So, how does one network if they are not an extravert? Are introverts disadvantaged as entrepreneurs in a profession which requires almost full throttle engagement?
If you feel you fall into the introverted category (and even if you don't) here is a list of 25 great posts on networking for the shy which you need to take the time to read. It was compiled by The M.A.P. Maker:
[The list of links is available at the source site listed below]
In addition, I would recommend you absolutely read Endless Referrals by Bob Burg. It is a brilliant book which lays to rest once and for all that networking, building a sphere of influence and creating relationships (both professional and personal) are not just the province of extraverts. Whatever you choose to label yourself, you need to read this book.
So, if you consider yourself more introverted, how have you been networking to bring in clients? Please share.”
Full text and active links are available at the source site listed below.
Source: Build a Solo Practice, LLC, 11 August 2008
"What Have You Done for your Clients Lately?"
Posted by Allison Shields: “If you accept that 80% of your business comes from 20% of your clients, and that it's easier to get more work from existing clients than it is to get new clients, then you will probably agree that focusing on your existing clients and the services you provide to them is a smart move. And yet many lawyers overlook their existing client relationships.
What have you done for your clients lately?
How about:
• Scheduling a (free) meeting to catch up with clients and find out what's happening with them, what's new in their businesses, and what challenges they're facing presently;
• Showing an interest in your clients as people, not just files/legal issues/revenue sources;
• Sending clients something unexpected (here's where your imaginative, fun, innovative, creative side comes in) - particularly if you know your clients well;
• Acting as an 'information hub' for clients - providing information and advice even if it isn't directly related to the law or the legal issue you're working on;
• Creating an atmosphere in which clients feel comfortable;
• Making yourself indispensable to clients by explaining things in terms and language the client can understand;
• Asking clients for feedback about your services and suggestions for improvement;
• Reviewing your services to see where your clients have additional needs that aren't being met;
• Finding strategic alliances that can complement your practice and provide additional value to your clients.
What can you add to the list? Please leave your comments!
If you want help creating an exceptional experience for your clients, please don't hesitate to contact me.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 14 August 2008
"Shot at the Courtroom Helps Firms Add Talent"
In the news: “More law firms are giving associates a shot at courtroom action, a strategy that helps recruit and retain top legal talent. At a previous firm, Chris Griesmeyer, 34, had to fight to prove he could take a deposition, "which was pretty frustrating." Now an attorney at 75-lawyer Levenfeld Pearlstein, he does voir dire, takes depositions and argues cases. And he made partner in just two years. Levenfeld courts promising associates from larger firms with commitments to get them more face time.”
Read full text
Source: Law.Com's Daily Legal Newswire. 8 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Weathering the Economic Storm With CI"
In the news: “The current economic climate can hurt law firms. Take this opportunity to tighten up your business strategy with competitive intelligence tools to make informed decisions that will shore up weaknesses, maximize earning potential and hold the bottom line when the rains come.”
Some examples of CI explained in the article include:
• SWOT Analysis, which helps identify the strengths, weaknesses, opportunities and threats in an organization;
• Blindspot Analysis, which enables a firm to identify the assumptions the law firm's key decision-makers have about the law firm's place in the market, and compare them with the reality of the law firm's depth and reach;
• Market Share Analysis, which helps a firm identify its key clients, industry and geographic sectors;
• Geographic Analysis, which identifies a firm's realistic geographic research and geographical hot spots to consider entering; and
• War Games and Scenario Planning, which dentify (or improve the understanding of) potential opportunities and threats to the firm's business.
Source: Law.Com's Daily Legal Newswire. 21 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Retention of DNA Samples/Evidence"
Posted by Chuck Kallendorf: “A Columbus Dispatch article this past weekend projects state lawmakers being scheduled to introduce a bill in the Ohio General Assembly soon, “fundamentally changing how crime is investigated & prosecuted in the State, and making post-conviction DNA testing available to more convicts.”
House Bill 218, which had been introduced in May 2007, would’ve “provided that an inmate who pleaded guilty or no contest to a felony, was sentenced to a prison term or death, and was eligible to apply for post-conviction DNA testing could have applied for such DNA testing under the same procedures as the application of an inmate convicted of a felony…”
But “Ohio doesn’t have statewide standards for cataloguing & preserving evidence, and it routinely ends up going missing,” the article says, and a USAToday article earlier this month related that “half of the states in the country lack requirements preserving DNA evidence, despite a series of dramatic exonerations based on the critical biological material.”
§ 2953.81 of the Ohio Revised Code provides that, in the case of inmates, that DNA “samples shall be preserved during the entire period of time for which the inmate is imprisoned relative to the prison term or sentence of death, and, if that prison term expires or the inmate is executed, for a reasonable period of time of not less than twenty-four months after the term expires or the inmate is executed.” Kentucky law includes not only statutes relating to the disposal of DNA evidence, but for a centralized database and the maintenance of samples collected before July 2008. Indiana’s statutes relating to post-conviction DNA tests are contained in IC §35-38-7-14.
An Ohio Attorney General’s opinion in March 2005 examined the Ohio statutes on DNA sample retention.
The article indicated, as well, that the Ohio Supreme Court is considering changes that would require judges to regularly report the statuses of all post-conviction cases—such as DNA testing requests—so as to prevent them from “falling through the cracks.”
Additional information on DNA Database & Post-conviction Testing statutes
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 20 August 2008
"Insights from a Top Trial Lawyer"
From the site: “In this edition of Ringler Radio, host Larry Cohen sits down with one of the greatest trial lawyers of all time, Attorney Tom Girardi, founding partner of Girardi & Keese in Los Angeles, California. They will discuss how the life of a trial lawyer has changed over the years, Vioxx litigation, jury verdicts and Tom's love for the law profession.
Right Click and Download
Play Windows Media”
The active links are available at the source site listed below.
Source: Legal Talk Network, 18 August 2008
"New on LLRX.com: Technology Tools for Information Management"
Posted by Sabrina Pacifici: “Technology Tools for Information Management - Roger V. Skalbeck and Barbara Fullerton's share a fast paced presentation of 19 practical, low cost and innovative tech tools they respectively use on a regular basis. So if you are looking for ideas to improve your use of Outlook, RSS, Adobe, and enhance your presentations and collaborative goals, this article is a must read.
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 20 August 2008. Copyright ©2002-2007. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
August 20, 2008
"Social Networking: For Lawyers Only?"
In the news: “Attorney Robert J. Ambrogi surveys social networking sites specific to lawyers and was struck by how little networking they generate. Compared with open communities that anticipate a mutual benefit, restricted venues sometimes seem like the proverbial parties where no one shows up.”
Source: Law.Com's Daily Legal Newswire. 8 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Should You Pay Attention To The Social Networking Craze?"
Posted by Tom Kane: “Most everyone who has heard about the Internet, or has a child capable of educating them, has heard about social networks like MySpace, LinkedIn, Facebook, Plaxo, etc. etc. etc. The “etc’s” are part of my point. There are new ones springing up almost every day. There is some question as to which one or two will be the ones most helpful to the legal profession for business development purposes. Time will only tell (now there’s a cliché my mother loved).
I haven’t been sold on the legal marketing ROI relative to these sites generally, nor have I heard that they currently produce serious amounts of work for law firms. Yet, I’m definitely coming around to the point of view that they will become one more important tool in the marketing toolbox. Not sold completely, but moving in that direction.
One reason is that my blogmaster (Kevin O’Keefe and his gang at LexBlog) conducted a webinar for their clients recently, primarily focused on LinkedIn (but I understand a follow up broadcast will address others in more detail). It was enlightening for me to say the least, and so I’m working on beefing up my LinkedIn biography. I don’t know if it will be the leader for the profession, but it seems more lawyers are joining it than other networks these days, according to Kevin.
Also, John Jantsch over at Duct Tape Marketing concurs in the importance of social networks in reporting on a survey by Universal McCann that shows the popularity of social networks, RSS feeds and blogs. It does seem clear that a web site is no longer enough of an Internet presence. As John puts it “And that means if you’re not participating in social media, you’re not really online.”
It does appear that social networking is not just a craze, and will likely become an important tool in developing business for lawyers. Have you signed up yet?”
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 19 August 2008
"Do Something! Repurpose"
Posted by Allison Shields: “How many times have you heard the phrase, "Don't reinvent the wheel?" But as many times as you've probably heard it, you probably still do it -- all of the time.
One of my favorite strategies to employ with clients is what I call 'repurposing.' It simply means using what you already have and not reinventing the wheel. You probably have more than enough things on your 'to do' list already without doing the same things over and over or having to create things out of whole cloth each time you do them.
Repurposing in action
You probably do some repurposing, but I'm willing to be that you can find even more to repurpose (and save yourself time, effort and money in the process) that you hadn't thought about.
On the business side of your practice, repurposing means using work you've done for other clients and just 'tweaking' it for new clients. Do you face the same issues over and over in your practice? If so, you can probably repurpose motions, explanatory or opinion letters to clients, requests for documents, etc. Create forms and checklists based on past experience. If you've already done it once, use the work you've already done, rather than trying to start over in your head.
Marketing is a great place to repurpose, particularly with all of the new technology that's in place for marketing. Don't think you have time to blog, do seminars, write articles, network and follow up with individual clients by sending them information relevant to their business? If you're doing one of those things, chances are that you can repurpose what you're doing into at least two more, with minimal effort. In fact, you can repurpose your legal work into your marketing efforts as well.
Still not clear? Here are some examples
1. You've handled a thorny issue for a client which required some legal research…
[Learn five ways to repurpose your research]
2. You've given a seminar on a particular topic…
[Learn eleven ways to repurpose this information]
The more you think about it, the more opportunities to repurpose you'll be able to identify. Challenge yourself to come up with ways to use everything you do in your practice more than once. Before you put a project away, ask yourself which other clients might be affected by the same issue or might be interested in hearing about it.
What examples of repurposing have you used in your practice? I'd love to get your comments and feedback.
If you need help putting repurposing into action in your practice, feel free to contact me.
The full text of this post is available at the source site listed below
Source: Legal Ease Blog, 13 August 2008
"Legendary Trial Attorney: Gerry Spence"
From the site: “Attorney Gerry Spence has practiced law for over fifty years, has never lost a criminal case and is the author of sixteen books. On Lawyer2 Lawyer, Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi talk to Attorney Spence about his most prominent cases, life as a trial attorney, his founding of the Trial Lawyers College, his opinion about law school, stepping into the world of blogging and his mission to represent the poor, the injured and the forgotten. Listen and find out why he says "Lawyers disappoint me."
Right Click and Download
Play Windows Media”
The active links are available at the source site listed below.
Source: Legal Talk Network, 14 August 2008
"Justia Pre-Beta Lawyer Directory Released"
Posted by Sabrina Pacifici: “Justia: Find Attorneys, Legal Aid and Legal Services - Arranged by practice areas, states and metro areas.”
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 August 2008. Copyright ©2002-2007. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
"New Site Collects Legal Software Reviews"
Posted by Robert Ambrog: “A Web site launched today, LitiReviews, provides free access to reviews of legal and litigation software and technology. The site collects the reviews from third-party sources such as TechnoLawyer, the American Bar Association, the Association of Legal Administrators and Law.com. It does not actually publish the reviews, but links to them at their original sources. Its usefulness is that it organizes all these reviews from disparate sources by categories and product names. So if you want to find reviews of, say, Amicus Attorney, you click on that product name and you find nine reviews compiled from such publications as Law Office Computing, GP Solo and Legal Assistant Today. (One of the nine pointed to a dead link -- the danger of linking externally.)
The new site is operated by Lexbe.com, a company that I've written about before for a similar site it operates, Litilaw, which provides access to legal articles written by lawyers for CLE programs or publication. Lexbe is a company that sells its own case management software, so one must be wary of a software company operating a site that collects software reviews. That said, LitiReviews simplifies the task of quickly finding reviews on point for specific products or types of software.”
The active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 19 August 2008
"Blawg of the Day — eLaw Exchange"
Posted by Tom Mighell: “eLaw Exchange is much more than a blog about e-discovery -- here you can find lists of service providers, e-discovery state law and rules, litigation intelligence resources, and many other materials. It's brought to you by e-discovery guru Michael Arkfeld, who's providing most of these resources for free. Looks like a great e-discovery site!”
The active link is available at the source site listed below.
Source: Inter Alia, 13 August 2008
"Black Hat 2008 Aftermath"
In the news: “The Black Hat 2008 conference was full of up-to-the-minute information on computer security research and vulnerabilities. Consultants Brian Dykstra and Keith Jones look at the news and events from the show, including zero-day exploits and DNS and VPN insecurities.”
Source: Law.Com's Daily Legal Newswire. 20 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
August 19, 2008
"100 Tips and Resources to be a Happy, Successful Lawyer"
Posted by Laura Milligan: “Lawyers and law students are under lots of stress tracking billable hours, attracting new clients, landing the right summer program and researching, networking and managing cases after hours. To keep you grounded and focused on elevating your career, we've generated this list of job boards, quick reference guides, tips for avoiding the burnout and advice for finding time for yourself. The rest is up to you.”
Continue reading this interesting post at the source site listed below.
Source: Job Profiles, 11 August 2008
"Consider Bob Newhart Before Your Next Interview"
Posted by Henry Fawell: “If you don't think you need interview training, check out this classic clip from the Bob Newhart Show and continue reading below.
(click to play on YouTube)
Ms. Corley's sneak attack on Mr. Newhart reinforces two time-tested rules about media relations that every serious organization must consider.
First, do your homework: If a company's CEO is to appear on television or radio, have a basic familiarity with the reporter, the format, and the line of questioning.
Second, do some training: Interview training is the most valuable exercise available to those who interact with the press, especially radio and television. Your tone, facial expressions, attire, and posture all impact how you are perceived by a viewer or listener. Womble Carlyle's strategic communications team regularly puts clients through training scenarious such as press conferences and live television interviews. The goal is for the interviewee to learn how to respond with poise and effectiveness to tough questions from ambitious journalists.
Still think you don't need any training? Presumably, so did Bob Newhart.”
The active link is available at the source site listed below.
Source: Wag the Dog, 8 August 2008
"2008 Best Law Firms for Women Announced by Working Mother and Flex-Time Lawyers"
Posted by Sabrina Pacifici: “2008 Best Law Firms for Women Announced by Working Mother and Flex-Time Lawyers - FindLaw: "The legal profession is in a work/life crisis, with 78% of associates leaving law firms by their fifth year and nearly 50% of women lawyers leaving the profession at some point in their careers. The question is whether law firms will ever abandon their traditional practices to meet today's rising female workforce demands? They might have to, according to a special report in the August/September issue of Working Mother magazine. Produced in partnership with Flex-Time Lawyers, the report names the Best Law Firms for Women and examines the challenges and opportunities afforded to female lawyers."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 14 August 2008. Copyright ©2002-2007. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
"Time to Get Religion When It Comes to Client Service"
Posted by Tom Kane: “Building on an earlier post of mine about avoiding paying lip service to client service. Dan Hull over on What About Clients? blog has a very interesting post he calls “All Hat, No Cattle.”
I am a fan of Dan’s blog, and as the name implies he is BIG on client service. He states that “superior work alone won’t keep a good client…coming back.” And client service (CS) has to be engrained into the firm’s culture, so that everyone buys “into CS like a cult, like a religion, like an angry sermon that took them out of their pews at the Church of the Final Thunder.” I like that.
Dan, a practicing attorney and not a consultant, tells us that too many firms think they are providing good service, but he has two problems with that view:
• Law firms are in a self-deception mode, and
• More seriously, firms are deceiving clients by way of their web site or during the sales pitch.
Such “deception” won’t last. Firms that say they are providing quality client service but don’t are not going to fool the client for very long. Particularly as more and more firms start getting religion when it comes to true client service.
And what's that exactly, you may ask? Well, enter the term "client service" into Search box on this page and you can read dozens of my posts on the subject.”
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 7 August 2008
"Social Networking Etiquette"
Posted by Allison Shields: “If you're like me, you're probably getting overwhelmed with all of the new possibilities that seem to crop up every day in the 'social networking' arena - from list serves to forums to Facebook to LinkedIn to Twitter, Squidoo, and a whole lot more. It's tough to keep it all straight at times.
It's tempting to jump on the bandwagon, particularly when we hear that one of these new outlets might be 'the next Google' or even 'the new email' as I heard someone say while I was at a conference last week. But like anything else that you do these days, you'll need to determine at the outset what your purpose is in joining any of these sites. And remember, too, that your reputation takes a long time to build, but can be destroyed in moments.
Many entrepreneurs, both lawyers and non-lawyers, are eager to jump in to every new outlet, arena or technology that comes along. While there's nothing wrong with that per se, the lawyer and the practical, cautious side of me wants to grab some of these people by the collar and remind them to slow down and think about what they're doing. Electronic messages are easy to send and difficult to take back. They're easy to disseminate quickly, and many people have long memories (and printers). It's easy to hit the send button or to dive in to the newest thing without thinking about it - but beware your reputation and the impact of your words and actions in the electronic arena.
Continue reading this interesting post at the source site listed below.
Source: Legal Ease Blog, 11 August 2008
Three Good Articles form Law.com
Shakespeare's Lesson for Lawyers: How to Access Empathy
In the news: “Why do students still read Shakespeare? Because of a conspiracy of finger-wagging high school English teachers? No, it's his empathetic powers, making people see themselves as they are, writes Ford & Harrison managing partner Michael Maslanka, who says Shakespeare has much to teach lawyers on judging, the rule of law and the relationship between mercy and justice. As evidence, Maslanka discusses "Measure for Measure" and its parallels to the legal world.”
Spying Employers Raise Legal Hackles
In the news: “A growing number of employers are hiring private investigators to spy on employees suspected of taking leave dishonestly under the Family Medical Leave Act. Management-side attorneys claim that FMLA abuses have gotten out of hand, noting that private investigators have caught employees bowling, doing yard work or holding second jobs when they're supposed to be out on sick leave. Employee-rights attorneys, meanwhile, view surveillance as harassment, intimidation and an interference with workers' rights.”
For Summer Associates, It's a Wrap, Part 2
In the news: “At this very moment, recruiting committees all over the country are making offer decisions. Typically, this good, or bad, news is conveyed sometime in the first three weeks of August. No doubt, summers across the country are worried and stressed about what's to come. To tell you not to worry is unrealistic. Still, it's more important to consider the best way to handle, and react to, the news. Lynne Traverse, recruiting and professional development manager at Bryan Cave, describes how.”
Source: Law.Com's Daily Legal Newswire. 19 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Ohio Courts Network is Finally a Reality"
From the blog: “The Ohio Supreme Court has just launched the Ohio Courts Network as a new system that will eventually allow all Ohio courts and selected state agencies to share and search case-specific data. However, the Supreme Court has indicated that this system will not serve as either a case management system or case document repository, which are both functions of local court systems. Although original reviewers hoped that this system might be accessible to the public, it will only be available to authorized users from the court and justice system. The Supreme Court's justice partners include the Attorney General's Bureau of Criminal Identification and Investigation(otherwise known as BCI), the Bureau of Motor Vehicles, and the Ohio Dept. of Rehabilitation and Correction.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 13 August 2008
"2008 Socha/Gelbmann E-Discovery Survey Report"
From the site: “In this edition of Law Technology Now, host and Editor-in-Chief of Law Technology News, Monica Bay takes a peak inside the 2008 Socha/Gelbmann E-Discovery Survey. Monica welcomes special guests and authors of the survey, George Socha, President of Socha Consulting LLC and Tom Gelbmann, managing director of Gelbmann & Associates, as they explore and discuss this widely popular E-Discovery survey with a special focus on cost containment issues. We also welcome Hudson Legal as a sponsor of the podcast.
Right Click and Download
Play Windows Media”
The active links are available at the source site listed below.
Source: Legal Talk Network, 11 August 2008
August 18, 2008
"Articles Explain Role and Functions of a Guardian ad Litem"
From the blog: “The Ohio Family Law Blog has posted 2 recent articles on the role and functions of a Guardian ad Litem. In Part 1 of the series, the author, Anne Shale, Esq., explains what guardians ad litem are and what they do. In Part 2, the author addresses payment of guardians and when to seek the assistance of a guardian ad litem. A key Ohio statute on guardians ad litem is contained in O.R.C. sec. 2151.281. Check out the web page for the local Guardian ad Litem Project, which serves as an independent project of the Cleveland Metropolitan Bar Association. The FAQ's on this site are also helpful.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 8 August 2008
"Commentary: Use Arguments Sparingly"
In the news: “One of the best mental exercises any advocate can attempt prior to an argument is to place himself or herself in the shoes of the decision-maker, says Judge Douglas Lavine. And it's better to set out too few, not too many, arguments, he says. Stirring oratory or pounding on esoteric points that bear no direct relation to the case may soothe a lawyer's ego or win points with the client, but they won't help win an argument. So, how many arguments should a lawyer make in any given situation?”
Topics include:
RESORTING TO THE 'KITCHEN SINK' APPROACH OF ARGUING
UNDERAPPRECIATED SKILL: CULLING THE WEAK ARGUMENTS
LESSER POINTS REVOLVING AROUND A CARDINAL POINT
Source: Law.Com's Daily Legal Newswire. 15 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"The Ultimate in Service"
Posted by Allison Shields: “Last week I was fortunate enough to attend yet another meeting of the Federation of Defense and Corporate Counsel. Not only was the meeting held in an absolutely gorgeous setting in Banff, Alberta, Canada in the Canadian Rockies, but as usual, the quality of the programs and the people both speaking at and attending this conference was outstanding.
One of the non-member speakers that appeared was a speaker by the name of Dr. Dale Henry, who spoke about getting back your 'whack.' He began his talk by commenting about how many people complain about how 'out of whack' they are, but how few people brag about being 'in whack.'
The central message of his talk revolved around what he calls his personal philosophy, which was twofold:
1. Never say "It's not my job";
2. Never say, "I wish I had."
…
I challenge you to adopt some of Henry's philosophy and start by refusing to say, "It's not my job." If someone asks for your help, give it. If you're unable to help them directly, then help them find someone else who can. Not only will it help your business, but it will help you get your 'whack' back.”
Full text and active links are available at the source site listed below.
Source: Legal Ease Blog, 8 August 2008
"Seek Client Feedback for The Right Reasons"
Posted by Tom Kane: “Although I believe that law firms will gain more work from clients because they seek feedback on how they are doing, that cannot be the reason for undertaking such a program. The honest reason for seeking client feedback must be based on caring for the client and the relationship. All else will take care of itself.
Bruce Allen over at Marketing Catalyst has a post that spells out “The Wrong Reason for Client Satisfaction Programs.” He advises firms to avoid conducting such programs simply to:
• Avoid losing a client,
• Keep up with competitors who are doing them,
• Stand out from competitors who aren’t,
• Keep clients from talking with competitors,
• Save money, since cheaper than trying to land new clients,
• Make firm look good, and
• Have firm help show the client that the lawyer cares.
…
Every firm should consider seeking feedback as a vital part of the client relationship. But, it should be done for the right reasons.”
Full text and active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 14 August 2008
"How Solos Can Gain Financial Flexibility"
In the news: “Quick beats big when it comes to linebackers and law practices. One of the solo practitioner's greatest weapons is his nimbleness. Without meetings to attend or committees to persuade, a solo can react quickly to developments in a case or trends in the marketplace. But this advantage often is wasted by solos who leave themselves without the financial resources to take advantage of new situations. Attorney Paul Schorn offers three tips for solo practitioners who want to protect their financial flexibility.”
Tips include:
Type it yourself.
If it doesn't plug in, buy it used.
Keep the money moving.
Source: Law.Com's Daily Legal Newswire. 18 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Summer Associates"
From the site: “How do summer associates programs at major law firms work? Hear the perspectives from current associates who were summers and a leader in the recruitment strategy at a large firm on this edition of Lawyer2Lawyer with co-hosts J. Craig Williams and Bob Ambrogi, both attorneys and Law.com legal bloggers. We welcome guests, Attorney Lydia Kelley, partner and co-chair of the recruiting committee at McDermott, Will & Emery in Chicago along with two young Associates now working at big firms, Claudine Columbres at White & Case, LLP in New York and Michel Ayer at Quarles & Brady, LLP in Phoenix. Listen to their first hand experiences and opinions.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 7 August 2008
"25 Greatest Legal Movies"
Posted by Matt Steinke: “The ABA Journal had an article this month about the 25 Greatest Legal Movies. Also included were 25 honorable mentions. There are a lot of good movies on these lists, but I think they're stretching a bit on some of the honorable mentions.”
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 11 August 2008
"Remote Testimony Faces a New Hurdle"
In the news: “The videoconferencing situation in United States v. Stolt-Nielsen bears examination. A tech-savvy U.S. litigator meets the challenge of a New Zealand witness who can't travel with remote testimony. But will New Zealand law prevent trial technology from saving the day?”
Source: Law.Com's Daily Legal Newswire. 15 August 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
August 07, 2008
Publication Notice
I’m leaving bright and early tomorrow for my annual 10-day Silent Retreat at an ashram in Virginia. I will resume posting on August 18th. Om Shanti!
"LawFirm Management"
Posted by John Heckman: “One of the classic problems of law firms (as opposed to corporations) is that they have no central management. Many law firms conform to the old saw that they are like a series of medieval dukedoms, each partner perched in his own castle on top of his own hill
.
As a consultant, in dealing with a variety of firms, it is always possible to tell the state of their management by the authority of the Office Manager. Firms that have committed to having a central management tend to have strong office managers. You can always tell a firm with weak management when the Office Manager says "I don't know, it's up to the partners."
Ross Kodner drew my attention to a recent article on the Common Traits of Successful Firms in Lawyers Weekly by Nancy Byerly Jones. While all the kinds of things she mentions may not be directly applicable for you, it is certainly worth thinking about how her points have relevance to your firm.
The bottom line is that firms willing to put centralized processes in place – even for things as simple as standardizing the font the firm uses in its documents – are going to be more efficient and hence more profitable.”
The active link is available at the source site listed below.
Source: Does it compute?, 5 August 2008
"More Law Firms Going 'Green'"
From the blog: “An article on Cleveland.com chronicles the recent efforts of law firms that are taking the ABA's challenge to go "green." Apparently,�lawyers each generate about 100,000 sheets of paper�per year, second only to the publishing industry in our production of print copy. Some of the easy efforts firms have taken to counter-act this�waste�include printing on both sides, printing on paper made from Koala food (eucalyptus trees), delivering client copies on CDs, and�posting key documents to firm intranets. Although many smaller firms are probably doing the same things, some of the leaders in the "green" movement in the legal field appear to be Porter Wright, Thompson Hine, Squire Sanders & Dempsey & Jones Day.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 6 August 2008
"Twitter for Business"
Posted by: John Jantsch: “Oh, about twice a day now I get asked if this twitter thing is a tool for business. Sometimes the requests are muddled with puzzled tones of “I just don’t get it.” Other times folks are sort of pissed off. I mean, yet another thing to keep track of and do.
I happen to think that twitter has some fabulous business uses, and not just for the ultra connected techie, for the typical small business too.
I’ve put together my “Beginner’s Guide to Using Twitter for Business” and offer here to all as a gift. This is not the definitive guide to all things twitter, this is a nice, simple, practical road map to show you how to start using twitter to reach some of your business and marketing objectives.
Enjoy and feel free to pass along and share on some of social sites linked below…”
The active links are available at the source site listed below.
Source: Duct Tape Marketing, 4 August 2008
"Build a Web Site… Or Else (Part 1)"
Posted by Erik Mazzone: “…That ultimatum comes to you courtesy of Law.com’s Small Firm Business section. The article, written by Judith Roland, advises that “like it or not a web presence has become imperative for a successful law practice.”
I agree with the underlying premise of the article (that a web presence has become a given — tablestakes, as it were — in marketing a law firm) but the author doesn’t go quite far enough in her advice. Admittedly, if she did, most lawyers would probably stop reading and move on to something easier.
Most lawyers I meet know that they need a web presence to market their law practice. What they don’t know is that establishing a “brochure” website (basically, a simple website that contains the same information as one might find on a tri-fold brochure — sidebar, get rid of your tri-fold brochures — marketing a law firm. Typically, who we are, what we do, where to contact us.) is no better than not having a website at all.
In fairness to Ms. Roland, you’ve got to walk before you can run, and there is not a lot of point in discussing the do’s and don’ts of law firm web design with a lawyer who doesn’t yet acknowledge that he needs a website. That said, lawyers considering building a web presence need to know that the internet is about a million times more cluttered than a typical Yellow Pages, and we all know how easy it is for an ad to stand out in that environment. (Sidebar: stop buying Yellow Pages ads.)
What you’ve gotta know in addition to the fact that you need a website is:
1. You need your website to findable.
2. Your website needs to be sticky to remain front of mind in your visitors’ heads.
…
In the next two parts of this three part article I’ll discuss findability and stickiness. That way when you decide that it is time to pull the trigger on a website (or a website redesign) you’ll know the issues and won’t get stuck paying $7,000 for a pretty tri-fold brochure that happens to live on the web.
And that should make your day.”
Full text and active links are available at the source site listed below.
Source: Law Practice Matters, 28 July 2008
"Another Lawyer Directory -- WhoCanISue.com"
Posted by Carolyn Elefant: “As if the controversial Web site Sueeasy.com didn't make suing folks easy enough, now there's yet another site that's come to the rescue -- Whocanisue.com. Already featured in Time Magazine, Whocanisue.com is a new Web site that will assist consumers in determining whether they actually have a case and, if they do, help them find a lawyer. Lawyers pay an annual fee of $1,000 to appear on the site, plus an additional amount to appear prominently.
So how does WhoCanISue.com differ from sites like SueEasy.com? According to Curtis Wolfe, the company's founder, his site's unique selling proposition is that it will provide consumers with real-time access to attorneys.
The Time article includes the generic criticisms of sites of this ilk, ranging from comments that WhoCanISue.com invites the public to create lawsuits or that the bar associations already have referral services in place that help consumers find lawyers. But from my perspective, sites like this don't make sense from the lawyer's perspective. Today, lawyers have the ability to create Web sites and blogs to attract clients or to take advantage of free services like LinkedIn or Avvo that allow lawyers to create a robust online profile at no cost. I doubt that these newer listing sites offer the same search engine visibility that lawyers can attain on their own through blogs or social networking tools.
Moreover, why should a lawyer pay $1,000 to be included in a site that's likely to attract those clients who, quite frankly, have already been rejected as undesirable by other lawyers or who are intent on bringing a suit whether it's meritorious or not? Remember, most of the traffic that's going to come to this site will result from a prospective client who's thinking, "Hey, who can I sue?" -- and typing that phrase into a search engine.
At the end of the day, for-fee lawyer listing sites aren't aimed at serving clients. Instead, they prey on lawyers, figuring that there are enough attorneys so desperate for business that they'll shell out $1,000 for an online listing on the hope that it will generate a client. If these are the types of lawyers that sites like WhoCanISue.com will attract, then I fear for the clients who use them.”
The active links are available at the source site listed below.
Source: Legal Blog Watch, 6 August 2008