May 13, 2008
"How to Earn Undying Loyalty from Business Clients (Part II)"
(You can read Part I here.)
Guest Blogger - Anita Campbell: “So, What is a Better Contract?
Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective?
First of all, I take it as a given that a contract should protect the client’s legal interests – first and foremost.
Beyond that, what makes a great experience for the client has more to do with how easy, fast and understandable the transaction “feels.”
Here are some guidelines for business-friendly contracts, documents and interactions:
1. Write in plain English…
2. Write contracts for a 12th grade education or lower…
3. Empower your clients through standardization…
Yeah, but Standardization Undermines My Billable Hours!...
What Can Be Standardized?
* Employment offer letters
* Customer contracts
* Non-disclosure agreements
* Consulting agreements
* Agreements to hire freelancers or independent contractors
* Employment handbooks (to cover many employment-related issues)
Resources to write better
Let me close by pointing you to several online resources you can use to make contracts more understandable and less frustrating for clients:
* Readability test: http://www.online-utility.org/english/readability_test_and_improve.jsp
* Plain English for Contracts: http://www.partyofthefirstpart.com/. Check the associated blog for this site, too, for a list of other websites and blogs that cover plain English writing: http://thepartyofthefirstpart.blogspot.com/
* Transcript of Podcast for using plain English in general today: http://www.thecomwellgroup.com/podcast/9-2006.htm”
Full text and active links are available at the source site listed below.
Source: Build a Solo Practice, LLC, 12 May 2008
Can Flextime Create Work-Life Balance if Lawyers Aren't Comfortable Using It?"
Posted by Carolyn Elefant: “In theory, benefits like extended maternity leave, part-time options and telecommuting are the hallmarks of a robust and effective law firm work-life balance initiative. But as it turns out, in practice, less than half of eligible attorneys feel comfortable availing themselves of these options, at least according to the results of this survey jointly sponsored by Above the Law and Lateral Link. Of the 1 ,669 respondents, only 45 percent of women and 18 percent of men said they would feel comfortable asking to go part-time after having a child, while 39 percent of women and 25 percent of men would feel comfortable asking for an extended unpaid leave. Finally, roughly one third of respondents of either gender said they would feel comfortable asking to telecommute after having a child. At the same time, most lawyers -- two third of men and 59 percent of women -- did feel comfortable leaving the office at 6 p.m. to be home with children and then continue to work remotely.
My guess is that lawyers are comfortable with leaving earlier because they could do so on an ad hoc basis, rather than through a formal law firm program. Thus, they would not suffer the same stigma that they might if the firm were required to make a special accommodation, as it would with initiatives like telecommuting or part time work.
It seems that even in these supposedly more enlightened times, the "parent track" doesn't run parallel to the partnership track. As Ellen Ostrow suggests in this piece, unintentional biases still remain within the workplace -- and that for retention programs to succeed, firms must develop mechanisms for preventing biases from influencing judgments and behavior. (H/T to Women Lawyers Back on Track.)”
The active links are available at the source site listed below.
Source: Legal Blog Watch, 12 May 2008
"Self-test: How Efficient Are Your Business Development Tactics?"
Posted by Jim Hassett: “ Note: This test is for partners and senior attorneys. Associates are different.
Do you have a marketing To Do list?...
Are you prioritizing properly, so that you concentrate on the tasks that will produce the greatest results?...
If you need to step back and think about the type of work you should focus on, see my blog post on “How to Define Your Niche.”
Is every one of your key clients a raving fan?...
What’s more, the critical question is not whether your key clients are satisfied. It is whether they are raving fans. Note that I keep asking about key clients, not all clients. As consultant and lawyer Gerry Riskin has noted “You can’t superplease everyone at the same time. You need to discriminate.”
For advice on how to turn clients into raving fans, see my blog posts on Gerry’s concept of “bulletproofing your crown jewel clients”, my post on The top 16 ways to increase client satisfaction, and a list of over 40 best practices in The LegalBizDev Success Kit.
Do you spend enough time on business development?...
Do you track your business development time and activity every week?...
Do you delegate all the work you could, to leave more time for business development?...
If you answered no to any question above, turn it into a yes. And if you answered yes to every question: Congratulations. Now stop reading this blog and get back to bringing in new business.”
Full text and active links are available at the source site listed below.
Source: Legal Business Development, 30 April 2008
"Ohio Supreme Court to Consider Employee Residency Laws"
From the blog: “The Ohio Supreme Court has decided to tackle employee residency requirements that have been at issue in various communities in Ohio. Without consolidating the matters, the Court will hear separate arguments the same day in 2 cases involving the extent of home rule authority to require employees in Akron (Case No. 2008-0418) and Lima (Case No. 2008-0128) to live where they work. See our prior posts about the 1) the Akron and Lima appeals and 2) the original Summit County Common Pleas Court decision. Click here to read a report from the Toledo Blade that indicates 125 cities and 13 villages in Ohio have residency requirements.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 12 May 2008
"Legal Outsourcing: Considerations and Experiences"
Posted by Rahul Jindal:
“Can I take that off your hands?
The emergence of the outsourcing industry has provided a much-needed support network for busy companies seeking to retain their competitive edge. The question is now is no longer whether to outsource, but what to outsource and to whom. CPA’s Rob Stichbury examines the options...
A helping hand…
.Choosing the right partner…
.Sidestepping the pitfalls…
.
What does this mean for your business?...
Setting up an outsourcing programme takes time, but compared to hiring a new department or multiple numbers of specialist legal staff, the process is quicker and easier to manage. It’s also more economical and makes you more agile in the market, enabling you to upscale or downscale as required. For the IP world it holds real advantages as volumes increase and skilled professionals become harder to source. Businesses should look at their current set-up, check their financial position and choose a provider with strong sector experience and a reliable reputation.”
The full text of this post is available at the source site listed below
Source: Legal Process Outsourcing, 1 May 2008
"What Clients Will Pay For"
Posted by Wayne Schiess: “Oops. I meant the title of this post to say: "For what clients will pay."
Yesterday a commenter reminded me that most lawyers are too busy to polish their work as much as they should. I agreed. Today, a commenter pointed out another reason lawyers don't polish their writing as they should:
Clients aren't willing to pay to have perfect work product. More often than not, clients are pragmatic: they want "good enough" to get what they want.
…
But a commenter who has been a client responds that, apparently, not all clients feel that way:
I have been a client. No litigation, no contracts, so perhaps my comments don't count. But in letters between my attorney and their attorney, I wanted careful editing (in fact, I edited them myself), no unnecessary words, polish, and highly intelligent writing.
So we must acknowledge that some clients want perfect written work. But it is telling, I think, that this client had to do some of the polishing herself. Would she have been just as insistent on a well polished letter if it had cost $250 instead of $150?”
The full text of this post is available at the source site listed below
Source: Legal Writing.net, 2 May 2008
"Organized Labor & Workers Comp"
From the site: “When it comes to organized labor, the focus is usually on issues regarding employment, layoffs, wages and arbitration. However, there is a big factor when it comes to workers comp cases. Join Ringler Radio host, Larry Cohen and co-host Angus Kennedy from Southern California as they speak to Attorney Michael Ian Rott, founding and senior partner at the firm of Hiden, Rott & Oertle, about workers comp cases involving organized labor. Larry, Angus and Michael explore these cases, the obstacles in dealing with the workers compensation system, the first hearing loss class action in California’s workers’ compensation history and how workers can benefit by putting their money in a structured settlement.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 12 May 2008
"Online Pro Forma Billing Saves Time, Money"
In the news: “Today, software can speed the dreaded ritual of pro forma billing, generating and distributing invoices to each billing attorney's computerized inbox. Rick Herron, financial systems specialist with Bracewell & Giuliani, provides tips to succeed in implementing paperless billing.”
Source: Law.Com's Daily Legal Newswire. 13 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
May 12, 2008
"Do Something! Bring a Client"
Posted by Alison Shields: “Earlier this week I talked about Primerus, and how impressed I was by the group and its philosophy. This week's 'Do Something!' post is inspired by Primerus. At the event I attended, each Primerus member was accompanied by a client. This practice not only provides opportunities for connections to be made with other lawyers in the group, but it also deepens the relationships between the lawyer and the client.
Want to make an impression on your clients, deepen your relationship and help them at the same time? Make it a habit to bring a client with you when you attend events. Your clients probably use services in addition to yours, including legal services. Bring a client to a golf outing, special dinner, networking event, cocktail event, etc. Introduce clients to others in your circle that might be able to help your client with their business, or even with personal services (landscaping and home improvements come to mind).
Even if no outside connections are made, you'll have an opportunity to spend time with your client outside of the office and out of the context of their legal matter, thus deepening your relationship. You'll have an opportunity to get to know them better, and the more you know about your clients, the better your services will be. The client will get to know you better, which will increase the 'know, like and trust' factor. And hopefully you'll both enjoy yourselves as well.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 9 May 2008
Two Items from the TVC Alert
What Lawyers Don't Get About Finance
Posted by Genie Tyburski: “There are two kinds of people in the world, says finance expert Tom E. Greene: word people and number people. Most lawyers fall into the first group, which explains why they either panic or gloss over when faced with financial concepts in litigation.
Bob Ambrogi, editor of IMS ExpertServices' BullsEye Newsletter, where this article originally appeared, reports on how complexity in finance is often a smokescreen, "obscuring the straightforward narrative that lies just out of view."
Your Customers are Talking on Twitter
Also posted by Genie Tyburski: “Entrepreneur Wendy Piersall draws attention to consumer conversations on Twitter. Do you know what your customers are saying about your brand?
Wendy: "In the past hour, the following brands were mentioned at least once by one of the 500+ people I 'follow' (these are the people whose updates I choose to read).... YouTube, Starbucks, Kinko's, Google, Nintendo, iTunes, NASCAR, Virgin Atlantic, Zappos and Target."
Both of the active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
"Twitter for Lawyers 101"
Posted by Joshua Fruchter: “One of our aims on this blog is to provide brief reviews of the major social networking sites (e.g., Facebook, LinkedIn, etc.) in terms of their value to lawyers as marketing and business development tools. But we don't need to reinvent the wheel each time.
Kevin O'Keefe of LexBlog had a nice post a few days ago on attorneys using Twitter as a marketing and business development tool. For those who don't know what "Twitter" is, the site describes itself as "a service for friends, family, and co–workers to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?"
Kevin says his participation in Twitter chatter may yet bring new business to LexBlog, and mentions three ways he thinks lawyers can benefit from joining the site: "First, a way to socially network with people, some of which networking may lead to work, speaking engagements, and the like. Two, a means to amplify your message, i.e., spreading what you what you may be blogging, writing, or speaking on. Three, if you blog, you are going to get news from other bloggers whose content you may want to reference in your blog or work…"
Full text and active links are available at the source site listed below.
Source: LawyerCasting, 9 May 2008
Two “How To’s” from the Daily Legal Newswire
How Not to Change a Potential Lateral Hire Into the One That Got Away
In the news: “Few law firms work as hard to develop a system for recruiting lateral talent as they do for recruiting at the law student level. In contrast to the recruiting of inexperienced law students, firms competing for lateral talent face a more educated, and often more skeptical, audience, which makes it even more critical that the process work smoothly and cohesively. Legal recruiter Stacy Humphries has compiled anecdotes drawn from actual incidents as a 10-step how-not-to guide on lateral recruiting.”
Read full text
How to Manage Your Litigation Costs
In the news: “Your company wouldn't stay in business for long if it sold a lesser product at higher prices. So, asks attorney Stewart M. Weltman, why should you accept that state of affairs when it comes to your litigation matters? It's not enough to set flat fees or create litigation budgets, says Weltman. In-house counsel must learn how to proactively manage their outside counsel -- in the trenches, so to speak. He offers this rule to live by in all cases, big or small: Litigation is a dish served lean.”
Read full text
Source: Law.Com's Daily Legal Newswire. 12 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"New on LLRX.com"
Posted by Sabrina Pacifici:
• “A Little Grafting of Second Life into a Legal Research Class: Rob Hudson discusses how Second Life can be used to enhance legal research instruction. Experiments in full class lectures and other uses of Second Life in higher education offer a mixture of hype and excitement. Published May 9, 2008
• CongressLine: Running for Congress: Paul Jenks recounts how for the past two years he has run marathons and monitored Congress at the same time, describing how the two experiences are very similar. Published May 9, 2008
• LLRX Book Review by Heather A. Phillips - A Guide to HIPAA Security and the Law: Heather A. Phillips reviews Stephen S. Wu's book whose focus is coming into compliance with the recent and complex new HIPAA requirements. Published May 7, 2008
• Conrad Jacoby's E-Discovery Update: Attorneys, Experts, and E-Discovery Competence: Conrad J. Jacoby focuses on two recent cases that emphasize the credibility problems counsel can face in the context of e-discovery - and suggest that outside assistance may be the only way for some counsel to demonstrate that these materials are being managed in a competent and trustworthy way. Published May 7, 2008
• FOIA Facts - My Proposal: FOIA Litigation Reporting Requirements: Scott A. Hodes makes the case that there should be a reporting requirement for all FOIA lawsuits requiring agencies to inform a central FOIA Office the outcome of FOIA lawsuits. Published May 7, 2008”
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 11 May 2008. Copyright ©2002-2007. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
"Google Apps Extends Protection to Web Surfing and Remote Workers"
From the e-newsletter: “Google today announced a web security product that makes it easy and affordable for companies of all sizes to provide Internet security to users in any location. Google Web Security(TM) for Enterprise provides real-time malware protection and URL filtering with policy enforcement and reporting.”
Related Resources
• FindLaw's Networking & Storage Page for Legal Professionals”
Source: FindLaw’s Modern Practice. 9 May 2008. Copyright © 2008 FindLaw, a Thomson Business. http://newsletters.findlaw.com/Subscribe <>.
"Ohio Supreme Court Upholds Life Sentence for Rape Committed as Juvenile"
Posted by Chuck Kallendorf: “The Ohio Supreme Court Tuesday held that the imposition of the state’s mandatory life imprisonment sentence for the forcible rape of an underage victim did not violate the defendant’s due process rights even when he was only 15 years old at the time of his crime, but hadn’t been prosecuted until he was 21. (Court Summary)
The case came out of Cleveland, Ohio, when, on November 12, 2004, appellant was charged in a 48-count indictment concerning events that occurred from June to August 1988, when he was 15 years old. The victim, a 9-year old disabled girl, had testified that she tolerated her being molested and hadn’t told anyone because the appellant had repeatedly threatened her, her family, and friends. The victim testified that she had not reported the incidents to police until 2004, when she happened to see an article in the Cleveland Plain Dealer about the man being sentenced to prison in another case involving the sexual assault of a nine-year old girl.
While the Court acknowledged several U.S. Supreme Court holdings that criminal sentencing of juvenile offenders should reflect a diminished level of culpability – i.e., Roper v. Simmons, and Bellotti v.Baird – the Court here stated that its 2002 decision in State v. Walls “so essentially undermines the appellant’s position that he cannot prevail on his claim that his mandatory life sentence violates due process principles of fundamental fairness.”
In a concurring opinion. Justice Judith Ann Lanzinger, joined by Justices Lundberg, Stratton, and O’Donnell, noted a number of “troublesome” facts in the case, including the 16-year delay between the crime and its prosecution, a lack of physical evidence, and the imposition of a mandatory life sentence on a defendant who was 15 years old at the time of the crime.
Justice Paul Pfeifer, who had dissented in the Court’s 2002 Walls decision, again dissented, reinterating his view that the application of a mandatory life sentence for an offense committed by a 15-year old “Ignores the state’s distinctions between how it treats juveniles and how it treats adults.”
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 9 May 2008
"Metadata: Ethical Obligations of the Witting and Unwitting Recipient"
From the e-newsletter: “As shown in our last column, software commonly used by lawyers often creates embedded data, otherwise known as metadata. As previously discussed, there are means to avoid creating embedded data, as well as means available to remove hidden data already created. In theory, at least, it is possible to remove all metadata prior to sending a document to opposing counsel.”
Related Resources
• E-Discovery Update: ABA Ethics Opinion Approves of Metadata Use”
Source: FindLaw’s Modern Practice. 9 May 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
May 09, 2008
"Get a Handle on Information Overload"
Posted by Genie Tyburski: “Dosh Dosh advises information workers to prioritize their new information sources in order to get a handle on information overload. "In my feed reader there are two key folders, which stand out from the rest of the my feed subscriptions. The first folder is called 'Breaking News' and this contains the feeds of blogs, keyword alerts and news services on a range of topic categories. The second folder is called 'Must Reads' and these contain feeds of web sites that are non time-sensitive."
It's good advice on a par with the David Allen school of productivity.
RELATED: Information Overload Hurts Lawyers
TVC Alert Research News, 6 March 2008”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
"Another Lesson from Primerus - Networking with your Spouse"
Posted by Allison Shields: “Earlier this week, I wrote a bit about Primerus and the event I attended. I had an interesting conversation with one of the organizers about the spouses of both the Primerus lawyers and their clients attending the event. I was told that Primerus encourages its members and guests to bring spouses to their events - in part because sometimes the spouses are better at networking than the lawyers are. While the comment was a little tongue-in-cheek, it gave me pause. Once I started paying attention, I realized just how smart (and true) that was.
As a guest of one of the lawyers, I spent a fair amount of time with the spouses, guests and clients that attended the event and I saw some relationships - many of which could lead to potential business - being started by the spouses or guests, rather than being initiated by the lawyers themselves. This may have been because the spouses and guests were better networkers, but it was more likely a combination of factors: the event was well-run, the atmosphere was relaxed but professional, the quality of people at the event was unsurpassed, and there were many opportunities for real bonds to be formed. And finally, sometimes it's just easier to talk about someone else than it is to talk about yourself - which meant that the spouses and clients were great at promoting their spouses or lawyers and the lawyers were great at promoting their clients.
"Networking" has become a chore, an obligation, a 'buzzword.' But the truth is that, wherever you are, you're always networking. Networking really consists of creating, expanding and maintaining relationships. Sometimes those relationships are purely business, and other times they're purely social. Often, they are a combination of both. Why not bring your spouse or another guest to network with you? Let them promote you and vice versa.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 8 May 2008
"Expert Secrecy: An Ethics Dilemma?"
Posted by Genie Tyburski: “A prominent legal-ethics professor has ignited a firestorm of controversy with his accusation that three equally prominent legal-ethics professors gave bad legal advice while serving as paid experts. Bob Ambrogi, editor of IMS ExpertServices' BullsEye Newsletter, where this article originally appeared, examines the controversy.
RELATED: How To Vet an Expert
The Virtual Chase, 31 July 2007
RELATED: Finding and Researching Experts and Their Testimony
The Virtual Chase, 28 August 2007”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
"More on Business Development in a Recession"
Posted by Tom Kane: “Although not everyone accepts that the “R” word is actually occurring (of course “they” have six or seven figure incomes with little chance of encountering a foreclosure on their McMansion, nor being troubled by such mundane tasks as putting petroleum into their limousines – but I digress), but for those firms who do feel a bit of a pinch in the old institutional wallet these days, it may just be time to crank up the business development efforts a little.
An article by Les Altenberg of A.L.T. Legal Professionals Marketing Group on the subject, that appears in this week’s Law.com, talks about adjusting the four “P’s” (Product, Place, Promotion, Price) of marketing as one way to develop business in these troubled times. Specifically:
Product …
Place …
Promotion …
Price …
Whether you agree or not that the economy is in an actual recession, revisiting your marketing four P's is worth doing.”
Full text and active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 8 May 2008
"Law Firm PEPP "Bubble" To Burst?"
Posted by Brian J. Ritchey: “Since 2000, law firm PEPP (profits per equity partner) have increased on average 11% for Amlaw 100 firms and 8% for Amlaw 200 firms. Some observers fear that, like other markets that have sustained growth periods at or near double digits in the past 10 years, the law firm partner profit "bubble" may soon burst as well.
Looking at Amlaw 200 data, PEPP increased by 2% in 2001. In 2002, the increase was 7%. 2003 saw an increase of 11%, 8% in 2004 and 2005, and 10% in 2006.
[View chart at the source site listed below]
This increase doesn't only apply to Amlaw 200 firms…
What can you do to prepare for a stunt in the growth (or decline) of PEPP? Bruce MacEwen posted an article May 5th on his blog Adam Smith Esq., titled A "Bubble" in PPP? that looks at some short term ideas to help "mitigate the downward trend" and predicts a change in the law firm business model over the long term:
Short term ideas: [See source site listed below]
Long term predictions: [See source site listed below]
Continue reading ""Law Firm PEPP "Bubble" To Burst?""Two New Podcasts from the Legal Talk Network
The AM Law 100
From the site: “The results of the AM Law 100 are in and total revenues for the Am Law 100 firms have reached $64.5 billion! Law.com blogger and host, Bob Ambrogi talks to the experts about the AM Law 100. Bob welcomes Aric Press, Editor-in-Chief of The American Lawyer Magazine and Bruce MacEwen, a lawyer and consultant to law firms on strategic and economic issues and blogger for “Adam Smith, Esq.” On this edition of Lawyer2Lawyer, we will look at the AM Law 100, what goes into the research, discuss the final results, go back ten years to see how firms Revenue Per Lawyer has changed and look ahead to what the future looks like for law firms.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 8 May 2008
E-Discovery: Defining Documents -- Bye Bye Bates
From the site: “One of the most challenging problems facing litigators is how to work with the massive volume of digital documents produced during discovery. In the past, each piece of paper was stamped with a "Bates" number -- to help manage exhibits. But with digital files, no "pages" and no "Bates" number! Now files may be anything from Excel spread sheets to Word files, to e-mail, to iPod downloads! What to do? Listen as Monica Bay, editor-in-chief of Legal Technology News talks with Tom O'Connor, director of the Legal Electronic Document Institute (and a long-time member of Law Technology News' editorial advisory board) who says it's time to rethink how we process and review files. Hear about a simple step that controls costs, improves accuracy and could dramatically change the face of e-discovery. O'Connor also discusses this month's Louisiana Bar Solo and Small Firm Technology Conference in New Orleans -- designed to help practitioners affected by Hurricane Katrina and its aftermath. Both O'Connor and LTN's Monica Bay speak at the two-day event.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 9 May 2008
"Go Deep for E-Discovery Solutions"
In the news: “Failures to preserve and produce electronically stored information often occur when error-prone, manual e-discovery processes are used. A deeper understanding of how to evaluate EDD technology is needed to keep costs down, reduce risk and adhere to the Federal Rules of Civil Procedure.”
Source: Law.Com's Daily Legal Newswire. 9 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
For Your Clients – “Juvenile Crime and Juvenile Justice”
From the e-newsletter: “In every state's criminal justice system, special rules exist for cases involving young offenders (usually under 18 years of age). FindLaw for the Public's Criminal Law Center has information on the juvenile justice system, and tips on specific issues that arise in many juvenile criminal cases.”
Related Resources
• Browse FindLaw's Criminal Law Center
Source: FindLaw’s Public Advisor. 8 May 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
May 08, 2008
"How to Commit Career Suicide"
In the news: “Most new lawyers have a touch of the "imposter syndrome," the sense that they aren't competent to serve as professionals and the fear that they will make a serious mistake, which will end their careers. But while junior lawyers are not likely to commit any mistakes so large that their careers will lie in ruins, a healthy sense of caution is appropriate. Jones Day partner Steven Bennett offers a guide to some of the worst mistakes and suggestions for how to avoid these potential pitfalls of practice.”
Topics include covering up mistakes, abusing staff, badmouthing clients and firm administration.
Source: Law.Com's Daily Legal Newswire. 8 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Primerus Lawyers - Restoring the Reputation of Lawyers"
Posted by Allison Shields: “Last week I got a bit behind on my posts because I was catching up after having attended a conference in San Diego. I was privileged to have been invited to be a guest at a gathering of Primerus lawyers. I've attended many conferences organized by many different organizations both within and outside of the practice of law. Primerus impressed me for many reasons.
Primerus is an international alliance of law firms whose motto is, "We help good lawyers find good clients and good clients find good lawyers." (TM) I had the distinct pleasure of meeting the Primerus Founder and President, Jack Buchanan, who told me that he founded Primerus in response to the poor public opinion of lawyers. Disheartened by the decrease in respect for lawyers and the loss of honor and dignity in the profession, he started Primerus to seek out lawyers and law firms of the highest quality - particularly small to medium-sized firms. Each of these firms pledges their commitment to the Primerus "Six Pillars:"
[See the source site listed below for the list of “pillars.”
Aside from being impressed with the Primerus mission and its founder (and of course being exceptionally sympathetic to its founding principals), I was impressed by the quality of the lawyers that were a part of the group - both as professionals and as people. I applaud the efforts of Primerus and hope that they not only continue their excellent work, but that they inspire other lawyers to return to the honor and integrity of the legal profession.”
Full text and active links are available at the source site listed below.
Source: Legal Ease Blog, 7 May 2008
"Depression among Lawyers: Chicken or Egg?"
Posted by Robert J. Ambrogi: “Lawyer depression is one of those topics that seems to reappear on a regular basis here at Legal Blog Watch, and the latest sighting comes by way of an article this month in the California Bar Journal, "Depression Takes a Heavy Toll on Lawyers." Consider this excerpt:
According to a Johns Hopkins University study, lawyers suffer the highest rate of depression among workers in 104 occupations. A University of Washington study found that 19 percent of lawyers suffered depression compared to 3 percent to 9 percent in the general population. And a University of Arizona study of law students found that they suffer eight to 15 times the anxiety, hostility and depression of the general population.
Richard Carlton, deputy director of the State Bar of California's Lawyer Assistance Program, sees those numbers and says, "There's something about the practice of law that attracts a certain personality that is prone to experiencing these problems." But is it the chicken or the egg? Is it that law attracts people who are prone to depression or that those who choose law find themselves depressed by their work? As the California LAP's director, Janis Thibault, puts it, "I've never seen such a lonely profession -- the inability to connect with other people at a deep level because there's so much of an adversarial relationship."
Tim Willison, a licensed clinical therapist who works with the California bar, says that lawyers typically come to him in their 40s and 50s because the pressures they face have reached the boiling point. "It's cumulative," he says, "there's a creeping paralysis." How could anybody, he wonders, be happy in such a demanding, high-pressure job? His observations would seem to lend support to the theory that law tends to be a depressing job, as opposed to lawyers tending towards depression. Therapy, of course, is part of the answer for lawyers suffering from depression. But the article suggests that another route out from under depression might be for the lawyer to refocus on personal and interpersonal matters -- on personal growth, close relationships, helping others and improving their communities. Those who do that, research shows, tend to be happier and more satisfied with their lives."
The active link is available at the source site listed below.
Source: Legal Blog Watch, 7 May 2008
"Expert Deposition Taking Made Easy"
Posted by Stewart Weltman: “A good friend of mine (one of the finest complex litigators I know) and I sometimes joke that you could, if you wanted to, send a first year associate to take an expert deposition and get just about as good results as a senior partner - as long as the associate followed some key rules [several of which many attorneys constitutionally find hard to accept].
Continue reading "Expert Deposition Taking Made Easy"
The active link is available at the source site listed below.
Source: Lean and Mean Litigation Machine, 28 April 2008
"TechnoLawyer Evaluates 4 Lawyer Videos on YouTube"
Posted by Joshua Fruchter: ‘The Technolawyer blog recently undertook a review of four lawyer videos appearing on YouTube. The post evaluated the strengths and weaknesses of each video from the standpoint of marketing effectiveness, production quality and other criteria. For lawyers interested in using online video as a marketing tool, there are some great pointers on what to do and what NOT to do. Check it out.
The active link is available at the source site listed below.
Source: Lawyer Casting, 30 April 2008
Hat tip to Tom Mighell at Inter Alia
"Wikis Put Lawyers on a Collaborative Path"
In the news: “A wiki allows direct collaborative editing of content and structure. It provides a source for new research and collaborative document editing focused on content rather than conversation. Peter Buck, managing director of Baker Robbins, puts wiki collaboration in the law firm context”
Source: Law.Com's Daily Legal Newswire. 8 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"The Webette"
Posted by Cindy L. Chick: “While researching my TRIPLL presentation, I found a great article in the May 2007 issue of Peer to Peer, the journal of ILTA entitled "The Webette: A Simple, Effective Training Delivery Approach."
The author, Randall Farrar, talks about the use web conferencing tools to offer quick, live, web based training sessions, on very specific topics.
While he suggests that webettes should be hour-long, I'd suggest that in most cases you'd want to keep them even shorter, perhaps 15 minutes or less.”
The active links are available at the source site listed below.
Source: Law Lib Tech, 28 April 2008
For Your Website – “Small Business Administration: Free Online Courses”
From the e-newsletter: “Collection of online tutorials for small businesses. "In general, the courses are all self-paced and should take about 30 minutes to complete. Most of the courses require a brief online registration." Topics include planning, management, finance and accounting, marketing and advertising, government contracting, risk management and cyber security, e-commerce, international trade, federal tax training, and retirement. Some material also available in Spanish. From the U.S. Small Business Administration.
URL: http://www.sba.gov/services/training/onlinecourses/
LII Item: http://lii.org/cs/lii/view/item/25954”
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 8 May 2008. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
May 07, 2008
"A Note Beats a Link - Hands Down"
Posted by Ed Poll: “A wonderful example of how Web 2.0 interaction generates ideas came from my blog post on adopting, and adapting to, online social networking sites like LinkedIn. In that post I speculated that such sites will increasingly become part of lawyers’ marketing efforts, but added that personal contact at meetings, on the phone and through hand-written notes will remain effective outreach tools.
Professor Alan Childress of Tulane Law School promptly picked up my theme and extended it on his own Legal Profession Blog. Professor Childress noted a truth that “seems to be lost” on law school students and younger lawyers: “Handwritten thank-you notes and other traditional communications are becoming even rarer in light of technology -- and will surely catch the recipient's eye a lot more than they used to, given the effort that seems to be required compared to emails and mass digital means.”
Continue Reading...
Full text and active links are available at the source site listed below.
Source: LawBizBlog, 28 April 2008
"Answers to the Questions Associates Should Be Afraid to Ask"
In the news: “In the big-firm world, inflated associate salaries have exacerbated the pressure to perform, leaving many young lawyers scared to ask simple questions for fear that a partner, client or senior associate may determine the questioner is a moron and totally unworthy of a paycheck. But fear not -- humor columnist The Snark is here for those new attorneys. He has compiled a list of "stupid questions" and has answered them with the experience he has taken from his time inside the large-firm "machine."
Questions include:
• Is it OK for us to order a bottle of champagne to celebrate a co-worker’s 30th, even though it is a workday?
• Should I use my firm e-mail for personal correspondence?
• Love in the workplace???
• What about showing body art on the golf course on the weekend with my practice team leader?
• Can I take a vacation?
Source: Law.Com's Daily Legal Newswire. 7 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Motion Hearings: Listening to the Judge"
Posted by Evan Schaeffer: “Some judges don't say very much at motion hearings. When they do, however, make sure you're listening to them.
Last year, I saw a judge interrupt a lawyer with a comment. As often happens at a motion hearing, the judge was hearing about the issues for the first time. He was clearly wondering if he was understanding the lawyer. The judge was also a little ahead of the lawyer, and he proposed what he thought was the lawyer's best argument.
As it happened, the judge had it exactly right. But the speaking lawyer was so focused on his own presentation that he ignored the judge. The judge took it as a sign he was on the wrong track. When the judge spoke up again, he was focusing on the wrong issues, some irrelevant considerations that favored the other side.
The speaking lawyer had lost the judge and wasn't going to get him back. The correct way to handle this situation is easy. When the judge speaks, listen. Next, give him some feedback. If he's understanding your point, let him know. If he's not, tell him why not.
It's just basic communication, I suppose, but it's easy to overlook when you're deep into the outline of your own argument.”
Source: The Illinois Trial Practice Weblog, 6 May 2008
"Learn From a Chef about Niche Marketing Your Menu of Services"
Posted by Tom Kane: “Bruce Allen has an intriguing post at Marketing Catalyst about restaurants in troubled times, and how one chef comes to the rescue. We both believe there are valuable lessons in his story for law firms. Although Bruce brings up the tale in the context of a down economy, I believe the lesson is just as applicable whatever the state of the marketplace.
He mentions how Scottish Chef Gordon Ramsey on his TV show Kitchen Nightmares works at turning around failing restaurants. Bruce surmises that the establishments are failing because of “two key issues”:
• There are too many items on the menu, and
• The restaurant is not known as “the best place to go for ____.”
Now think law firm. Think brand.
No law firm is totally a one-stop shop. In fact, in most firms it is best to not even try. Due to the complexities associated with most legal areas today, a law firm – especially a medium to small firm – is better off limiting itself to niche practices. Not only will lawyers become more proficient in these areas of the law, but it’s easier and more efficient to focus the firm’s business development efforts on fewer practice areas.
Accordingly, law firms should consider reducing the size of their menu. It’s a good thing to be known for one or two niche areas, but, better to be recognized as “the best place to go for __________.”
The active links are available at the source site listed below.
Source: Law Marketing Blog.com, 6 May 2008
"A Spirited Practice: Combining Law With Religion Is Work -- but Worth It"
In the news: “Can religion and law be complementary? Indeed, say a number of attorneys. Dallas lawyer Princy Sethi, a Hindu, says the teachings of her religion require that she strive to be the best lawyer she can be. Lawyers who integrate their belief system into their legal life say it's the most fulfilling way to practice -- but that it isn't easy. "You have this internal compass guiding you to want to do the right thing," says another lawyer, "and sometimes that can be a disadvantage, especially in litigation."
Source: Law.Com's Daily Legal Newswire. 7 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Planning for the Unexpected - Insurance Options for Lawyers (Part I)"
Posted by Allison Sheilds: “Driving to court one morning recently, I passed a sign out in front of a church that read: “Plan ahead. It wasn’t raining when Noah built the ark.” While it’s impossible to plan for every contingency and it’s always good to be flexible and open to new things as they come along, planning is an important part of being successful and sustaining that success.
I work with lawyers on many planning issues, including strategic, business and marketing planning. But another way that lawyers can plan for the future and protect themselves, their loved ones and their businesses is through insurance. Since I’m not an insurance expert, I’ve called one in to assist on these posts (it will be a 3 part series).
Michael Korn is a financial representative of National Financial Network, LLC in New York City. Before entering the financial services field, Michael was a small business owner, so he is aware of the concerns of solo and small firm owners. Michael specializes in working with small business owners and law firms, helping owners and senior management build, protect, and manage wealth. He may be reached at michael_korn@natfin.net or 646/885-2843. I’ve asked Michael some questions about what lawyers, particularly those working as solos or in small firms, should be thinking about.
ACS: Health insurance is a big issue these days, and is getting more and more expensive, and it’s a complicated field and tough to navigate on your own. What do lawyers need to know when they’re looking for health insurance?
Continue reading ""Planning for the Unexpected - Insurance Options for Lawyers (Part I)"""One Way to Podcast"
Posted by John Jantsch: “A reader and subscriber to the Duct Tape Marketing podcast asked me recently to reveal the tools, techniques and software I use to create, edit and publish my podcast. My system is hacked together through a couple of years of trial and error and is by no means the textbook way to podcast, but like most of what I do it’s simple and practical. So here’s an under the hood look at the Duct Tape Marketing podcast.
Recording
…Using a very retro cool Blue Snowball USB mic and WireTap Studio software I place the guest on speaker mode, lay the mic down by the phone, hit record and conduct the interview. My voice and that of the guest are captured directly into the recording software as an mp3 file. (Audiophiles may be cringing at the sound of this, but it produces decent quality, level sound between my voice and the guest, and eliminates a couple steps in the process.)
Editing
On a Mac I have found that Garage Band does a nice job. (Audacity is a great PC option) In Garage Band I can add the sponsor messages, music clips from a library and edit anything out of the recorded interview. Once I’m happy with the results I export to iTunes and convert back to mp3 format. This seems to produce a nice balance between audio quality and file size.
Publishing
Since mp3 files can get pretty big and benefit from a media server for streaming I use Libsyn to host and stream my files. I get all the bandwidth I need (even with thousands of downloads per episode) for less than $10 per month.
I use a blog created just for the podcast to post show notes and publish the RSS feed. I’m moving this to a WordPress blog eventually and have heard nice things about PodPress for this function.
Promoting
You must make sure that your podcast is listed in iTunes and that people can easily subscribe. I would also suggest seeking out and submitting your feed to a host of podcast directories.
There you have it, my podcasting secrets laid bare. Any other podcasters out there care to share their podcasting success secrets?”
The full text of this post is available at the source site listed below
Source: Duct Tape Marketing, 1 May 2008
"Lawyers Atwitter About Twitter"
Posted by Carolyn Elefant : “What's the newest social networking-cum-marketing tool that has lawyers all atwitter? It's Twitter, of course, which is best described as a hybrid between blogging and a Web-based IM (instant messaging) system where users respond to the common question, "What are you doing now?"
For most power-Twitter users, the answer is rarely "I'm hanging around in my bathrobe" or "Getting a facial." Instead of just "twitter-ing their thumbs," you'll find that most expert Twitter-ers are exchanging tips about interesting marketing ideas they've come across or blog posts or books they've just read. For that reason, Twitter can serve as a useful marketing tool for lawyers (and as a legal lifeline for those in need of a lawyer), as Steve Matthews writes in this post, Lawyer Marketing With Twitter. Matthews lists some of the lawyers already on Twitter (you can find me here) and offers some tips on using the site. Matthew suggests that you begin by checking out the "following" lists of people you know on Twitter to find others to follow; use @ symbols followed by the user name to respond to individual messages; and above all, "smile and act like you're having fun."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 6 May 2008
May 06, 2008
"Want Your Ideal Client? Be Their Ideal Lawyer"
Posted by Susan Cartier Liebel: “Identifying who your ideal client is, well, just the beginning. You need to learn how to attract your ideal client so they will actually contact you to determine if they need your services and if you are 'ideal' to deliver those services to them. How do you do that?
This post is not about branding directly. I've discussed branding here and here. This post is about understanding who you are targeting by generational differences and reflecting back their values in order to attract their business. Each generation is classically 'labeled'. Understand there are always exceptions and subsects within each group, but in general you should not be targeting the exceptions.
In James Chartrand's (of Men with Pens) post on Copyblogger, "Are You Talking to My Generation?" he writes the following:
There are four generations out there right now, all with money to spend: the Silent Generation, the Baby Boomers, Generation X (or the Thirteenth Generation) and Generation Y (or the Millennial Generation).
These people are zooming through the Internet connections. They’re surfing and buying every day. They’re looking for solutions, and you may have exactly what they want.
You’ve done your research. You know the demographics of your target market. You know their needs. You’ve chosen a design that appeals to that group and you’ve wordsmithed your content to be rich in benefits.
People hit your site. Those potential customers take a look and then…
Continue reading ""Want Your Ideal Client? Be Their Ideal Lawyer"""The View from the Client’s Side"
Posted by Jordan Furlong: “Going through the stack of materials from my recent week of conferences, I was re-reading the notes I took at the Opening Plenary of the Canadian Corporate Counsel Association’s Spring Conference in Toronto, and thought you might be interested in some highlights from what was really a riveting panel discussion. The panelists, who offered valuable perspective on evolving client concerns and trends on the in-house side of the ledger, were:
• Roger Fulton, EVP and GC of Canada’s Linamar Corporation,
• Brad Brubaker Sr., SVP and GC of SAP America,
• Ralph Ybema, President of the Hong Kong Corporate Counsel Association,
• Peter Turner, CEO and GC of the Australian Corporate Lawyers Association, and
• David McFadden, partner, Gowling Lafleur Henderson LLP, Toronto (chair).
Economic trends:
Litigation:
Risk management:
In-house careers:
There were all sorts of other interesting observations, especially about doing business in China — it would certainly be worth any law firm lawyer’s time to hear what these corporate counsel had to say. My impression is that too many firm lawyers attend these sorts of in-house counsel gatherings planning to talk, to create a marketing opportunity for their practices. Not enough, I think, go to these events to listen, gain the client’s perspective, and learn about what’s occupying his or her thoughts these days. Those who do will find themselves a serious step ahead of the competition.”
The full text of this post is available at the source site listed below.
Source: Law 21, 28 April 2008 [Found via Dennis Kennedy’s Links of the Week]
"On Passwords – or !P@$$w0rd$"
Posted by John Heckman's: “The most commonly used password is - you guessed it, “password.” Followed closely by people’s initials, first name, etc. You might as well use no password at all. When I go to a client and they don’t know the master password for certain applications, it generally does not take more than three or four tries to guess it.
Many people complain that using passwords is “too hard.” But the solution is surprisingly easy. Pick a password that will be easy for you to remember and then do a certain number of substitutions for non-alpha-numeric characters.
For example, change a to @
change o to 0 (zero)
change s to $
change i or L to 1 (one)…
Anyone looking at these will think “how can anybody remember that” but if you know the underlying word and the system, it is easy to remember.”
The full text of this post is available at the source site listed below.
Source: Does It Compute?, 6 May 2008
"Review of Ohio Workers' Compensation Final Settlement Cases"
Posted by Chuck Kallendorf: “The Ohio Bureau of Workers’ Compensation is trying to figure out the impact of the April 16th. Supreme Court ruling that sided with an injured worker with a low IQ and limited reading skills who broke his leg in a fall at a Galion factory back in 1997. (See Article)
In that case, State ex rel. Wise v. Ryan, the injury was incurred in 2005, there had already been surgery, and Wise was receiving temporary total disability when he was approached by his employer’s third party administrator purporting final settlement of his claim. Wise settled his claim but did so without the benefit of an attorney’s assistance; five years later, with that assistance, he sought to reopen his case – which is where the current situation ended up.
Central to the case is ORC § 4123.65, which was amended two years ago. Wise was given a standard form from the Bureau of Workers’ Compensation, which instructed the parties to “clearly set forth the circumstances by reason of which the proposed settlement is deemed desirable.” That portion of the form had been left blank. The Court found, too, that “the claimant had a fourth grade comprehension level, but the settlement agreement is obviously written in legal wording that is well beyond that which could be read & understood by a fourth-grader.”
“R.C. 4123.65(A)’s language is mandatory,” the Court said, “not permissive…. Moreover, the requirements of R.C. 4123.65 demand strict compliance.”
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 5 May 2008
"Online Pretrial Publicity Draws Fire"
In the news: “Lawyers using the Web for pretrial publicity is a growing concern -- many fear that online rantings, blogs and press releases by attorneys are potentially tainting the jury pool. Web sites that give biased, blow-by-blow accounts of pending litigation could spell trouble for your firm.”
Source: Law.Com's Daily Legal Newswire. 6 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"PACER Is Adding Transcripts-N.D. of Ohio to Make Them Available"
From the blog: “The latest news from PACER is that transcripts will soon be available to the general public that have registered for access. The United States District Court for the Northern District of Ohio has issued a Press Release that outlines the process whereby transcripts will be posted after a 90-day waiting period to allow for redactions for personal identifiers, which include social security numbers, financial account numbers, birth dates, names of minor children, and in criminal cases, home addresses. In addition, click here to read about the new software from our local federal court that will allow you to download multiple docket entries into a single pdf file.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 5 May 2008