Posted by Carolyn Elefant: “Talk to any solo, and invariably, he or she will share a story of a client from hell. You know who I'm talking about: the one who won't pay the bills, who calls at all hours, who wonders why a 20 page motion took 10 hours to draft or who complains about how lawyers are money grubbers. But just as troublesome as the client from hell are the clients who are your pals. As I describe below, it's these guys, the friendly clients, who pull you in too close, to the point where you may compromise your professional judgment. And then these clients who you thought were friends and colleagues revert back to ordinary clients, they'll be the first to turn on you when you need their support.
Take these two seemingly disparate examples - Lynne Stewart, the criminal defense attorney convicted for actions in connection with her representation of Sheik Abdel Rahman who conspired to blow up the World Trade Center the first time, and Enron's former chairman, Ken Lay. Norm Pattis of Crime and Federalism addresses the Lynne Stewart conviction here, describing how the political views that she shared with the Sheik brought her dangerously close to her client so as to cloud her judgment:
Stewart's downfall was not in providing aggressive defense to the Sheik. Her downfall was letting her politics cloud her judgment. She has long spoken out in favor of "directed violence" as a means of combatting policy objectives she dislikes. When she represented the Sheik, she was, in effect, representing views to which she subscribed. Her judgment was clouded[...] Stewart became part of the case she was defending. She became a tool of the Sheik because it suited her private views. She let her representation of the Sheik become personal.
Ken Lay's case is another example of how ties between an outside firm and a client subject to investigation can bring the firm down later on. In his testimony at the Enron trial, Lay blamed plenty of folks for Enron's demise, including its law firm, Vinson and Elkins. Lay described that he took initial complaints about Enron seriously enough to call in outside counsel and relied on their representation that Enron was acting within the law. (Skilling made the same claims during his testimony, as reported in more detail here in Trial probes Enron's Cozy Ties with Law Firm) Though V&E may have been gentler than it should have out of a financial motive to keep a deep pocketed client, given the revolving door between V&E and Enron lawyers, a general camaraderie likely existed as well, making it harder for V&E to serve as the bearer of bad news.
Norm Pattis offers the best advice for lawyer client relations in his post:
I find it far easier to represent folks with whom I share little common ground. All this prattle about "loving" your client and "walking in his shoes" obscures the attorney-client relationship. We defend folks in need and are their advocates within the rule of law.
Just as parents should not strive for friendship with their children, lawyers should always remember the line between professional responsibility and camaraderie with clients. Sure, clients from hell are no fun, but at least they don't bring any surprises; you know that they're likely to grieve you, so you proceed with caution. By contrast, if you're drinking buddies with your client, the way Lay and Skilling likely were with V&E, it's too easy to let your guard down. And if you do, like V&E, you may find yourself blamed in the national media for the alleged criminal conduct by your former client.
Active links are available at the source site listed below.
Source: MyShingle, 25 April 2006
Jeralyn Merritt posts: The National Law Journal reports:
“A search warrant sent via e-mail to a computer in a police vehicle or maybe to a hand-held device such as a BlackBerry? All become possible under a federal rule scheduled to take effect on Dec. 1.
This brave new world of electronic search warrants and affidavits comes courtesy of Federal Rule of Criminal Procedure Rule 41(d)(3)(A), which simply states: "A magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means."
TalkLeft contributor Last Night in Little Rock, being the 4th Amendment guru that he is, is quoted extensively in the article:
There is electronic filing of documents throughout the federal court system now, noted veteran criminal defense attorney and Fourth Amendment expert John Wesley Hall of Little Rock, Ark.
"I think it's a natural progression," he said. "When [the rule] says 'by other electronic means,' what else can it mean but e-mail? We heard years and years ago about businessmen having portable computers and printers in their cars. I'm sure you could get a cheap laptop and printer and have it right there at scene of the search."
....Warrants via e-mail are probably "better all around" than warrants secured over the telephone, Hall added, which are quite common today. The latter, he explained, rely on the memory of the police officer. "There may be more protection for citizens with an electronic filing," Hall said.
But the defense attorney added, "I just worry. We have to wait and see how the first few cases go, whether or not cops do it badly. It's too easy to dash off e-mail without thinking. I would think the risk on the cop side would be that the affidavit for the search warrant is just dashed off in e-mail instead of thought out and composed on the computer." And that, he added, could lead to more attacks on probable cause for the e-mail warrant.
"General human experience with e-mails being what it is, affidavits are going to get more cursory than they already are."
....It may work to the benefit of the defense," Hall said. "Of course, knowing the courts, I doubt it. What will be really interesting would be the text-message warrant-that's the next stage. Read it on the screen of a cellphone or BlackBerry; show it to the target of the search.
"I'm kind of looking forward to it. Something new to litigate and I'm always looking for something new to litigate."
For active links, go to
Source: TalkLeft, 27 April 2006
From the e-newsletter: “Every firm, no matter what size, is usually connected to each of its clients by one person, almost always a partner, whose links are a little stronger than anyone else's. Since there are plenty of competing law firms that can produce the same high-quality work for those clients, successful transitioning of client work from senior to other partners is something a firm should think about -- before the senior partner leaves.”
Read full text
Source: FindLaw’s THE PRACTICE PAPER. 27 April 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Genie Tyburki posts: “For years, I have advised researchers to subscribe to a commercial service if they want to search the full-text of EDGAR filings by keyword. For serious researchers, this is still good advice.
However, a new search feature recently added to EDGARScan does provide some full-text search capability. To find it, connect to EDGARScan and follow the advanced search link. Examine the help documentation to discover supported connectors and features. Be warned that queries take an unusually long time to run. However, for a free service with simplistic searching capabilities, it returned surprisingly accurate results in the few test queries I ran.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 28 April 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=apr06/28apr06.xml
Ernie posts: “The fine blog 3L Epiphsny has an interesting Q&A with Judge Richard Kopf (a federal trial judge in Nebraska) about legal blogging and its place in the realm of scholarship. Judge Kopf cited a legal blog in one of his opinions, and believes that blogs have great value. I'd love to see a panel discussion among judges about blogging, and how they would like to see it evolve.”
Active links are available at the source site listed below.
Source: Ernie the Attorney, 27 April 2006
Genie Tyburski posts: “Anita Ramasastry, who is an Associate Professor of Law at the University of Washington School of Law and a Director of the Shidler Center for Law, Commerce & Technology, explains why individuals' private information -- Social Security numbers, birth dates and sometimes, medical or financial information -- often appear on government-run Web sites. She advocates changing public records laws to remove sensitive information from online sources. It's unclear whether she supports their continuing availability offline.
She highlights problems, such as identity theft and threats to personal safety, which arise from the easy availability of such information. But she neglects to explain legitimate uses in business and litigation.
RELATED: The Art of Public Records Research
The Virtual Chase, 7 March 2006
("Corporate clients' need for information from public records runs the gamut from validating a businessperson's credentials to gaining a competitive edge in the marketplace. Clients might ask you to assess a potential partner's reputation, find assets, identify ownership, affiliations or relationships, discover activity in a certain field or geographic region, determine consumer reaction to products or services, uncover evidence of legal problems, or conduct research on just about anything that pertains to doing business....")
RELATED: Is This Information On the Record?
The Virtual Chase, 8 March 2005
("Strategic and competitive intelligence (CI) research used to be conducted through searches of the fee-based online services, interviews with current and former employees of a company, skulking around the target company's exhibit booth at an industry conference, and digging through public records. Interestingly, a lot of strategic information can now be gleaned from a simple Web search -- no dumpster-diving required....")”For active links, go to
Source: TVC Alert Research News, 28 April 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=apr06/28apr06.xml
RELATED: Is This Information On the Record?
The Virtual Chase, 8 March 2005
("Strategic and competitive intelligence (CI) research used to be conducted through searches of the fee-based online services, interviews with current and former employees of a company, skulking around the target company's exhibit booth at an industry conference, and digging through public records. Interestingly, a lot of strategic information can now be gleaned from a simple Web search -- no dumpster-diving required....")”
For active links, go to
Source: TVC Alert Research News, 28 April 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=apr06/28apr06.xml
By Brian Livingston: "Based on the latest published tests, the best four products to give your PC comprehensive protection against hackers are (1) a Linksys hardware firewall, (2) ZoneAlarm Security Suite 6 (or Panda Platinum Internet Security 2005, which recently received a high rating in PC World tests), (3) Webroot Spy Sweeper for antispyware protection, and (4) an update-management tool of your choice. See details below.
1. Hardware firewall. For small-office Wi-Fi networking, the most affordable secure firewall is the Linksys Wireless-G WRT54G router (left, about $60 USD street), which also offers four ports for wired Ethernet. If you wish to install third-party Linux firmware, get the WRT54GL ($70). To cover more than a few adjacent rooms, consider the Linksys WRT54GX ($160), which doubles the usual "g" range. Be sure to enable WPA or WPA2, either of which provide strong Wi-Fi security. The WRT54G and WRT54GX are PC Magazine Editors' Choice winners.
2. Security suite. ZoneAlarm Security Suite 6 (left, $60 street) is rated as the best all-in-one software firewall, antivirus program, and antispam filter — now with antispyware scanning and Windows OS kernel protection. It's received Editors' Choice awards from both PC Magazine and CNET. With the ZA Security Suite, there's no longer any reason to purchase separate antivirus, antispam, and software-firewall applications. (Turn off ZA's real-time spyware protection so this can be handled by your antispyware program, shown below.) Note: One magazine, PC World, recently rated Panda Platinum Internet Security 2005 higher than ZA Security Suite.
3. Antispyware program. For individual PC users, the most effective remover of spyware is Webroot Spy Sweeper 4.5 (left, under $35 per year), according to comparative tests published by PC Magazine. The previous version, 4.0, was also top-rated in tests by PC World. (Note: PC Mag has also given an Editors' Choice to Encore PC Tools Spyware Doctor 3.2.) For businesses that are looking for a centrally managed solution for 10 or more seats, Webroot's Spy Sweeper Enterprise ($240 per year for 10 users) has won the latest comparative review by Windows IT Pro and was rated a Best Buy by SC Magazine.
4. Update management. Individual users should opt into the new, free Microsoft Update, an improvement over Windows Update. You should also turn on the auto-download features of any installed apps you may have. For small to medium networks, Microsoft provides the free WSUS (Windows Server Update Services), which automates the downloading of critical patches for Windows, Office, and Exchange. For larger businesses, GFI LANguard Network Security Scanner (left, $375 for 25 users) is a broader product, top-rated by WindowSecurity.com and MCSE World. The latter site also publishes a helpful tutorial on LANguard NSS and Shavlik's HFNetChkPro ($900 for 25 users)."
Source: Livingston, Brian. Windows Secrets Newsletter. Issue 74. 27 April 2006. Copyright © 2006 by WindowsSecrets.com LLC. All rights reserved. Subscribe https://windowssecrets.com/info/.
From the e-newsletter: “The new "Automobile Defects and Recalls" section of FindLaw for the Public's Accidents & Injuries Center provides information on vehicle defects, the recall process, your rights if you have a defective vehicle or equipment, and more. You can also research the safety ratings and recall history of vehicles and equipment. Click on the link below to get started.
More Recalls and Safety Alerts”
Source: FindLaw’s PUBLIC ADVISOR. 27 April 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Carolyn Elefant: “Like Barry Kaufman, I'm a huge fan of the law library and recognize that it's an indispensable tool for solo practitioners. Which is why I'm thrilled to be able to offer this Guest Post, Eight Reasons Solo Lawyers Should Use Law Libraries from Mary Whisner, the assistant librarian for reference services at the Gallagher Law Library of the University of Washington School of Law. Mary also runs Trial Ad Notes, a blog about trial advocacy.
Eight Reasons Solo Lawyers Should Use Law Libraries
One. Librarians.
Two: Books.
Three. Databases.
Four. Audiovisual materials.
Five. Space.
Six. Networking.
Seven. Services at a Distance.
Eight. Training.
Where do you go?
* Many counties have county law libraries whose mission is to serve the public and the bar. Generally, the bigger cities have bigger libraries with bigger staffs and more services.
* Each state has a state law library (serving state agencies and courts, but often serving attorneys in the state as well).
* Some federal court law libraries are open to attorneys or the public as a courtesy of the judges.
* Some law school libraries (like mine) are open to the public.
* Some law school libraries are open to attorneys or alumni of the school, sometimes for a membership fee.
* Some cities are served by members-only (“subscription”) law libraries, such at the Social Law Library in Boston.
Follow the librarian credo: Just ask! You might be surprised what the public law library can do for you!
By the way, public law libraries welcome your support, financial and otherwise. If you benefit from your local law library, consider making a donation. If you decide to weed your shelves of some CLE materials and handbooks, make a call to see if the law library could use them.”
Full text and active links are available at the source site listed below.
Source: My Shingle, 25 April 2006
Jonathan Stein posts: “We recently had a big criminal case here in Sacramento. Two defendants were being charged with Federal offenses. 1 was convicted and the second jury was hung. And then the media mess started.
Remember, I am not a big fan of talking to the media in most circumstances. After a jury verdict, I am really not a big fan of talking to the media. And, this is why. The defense attorney who lost told the press that the jury was "wrong."
Disagreeing with a verdict is fine. Telling people that you do not like the verdict is fine. But, telling the press that the jury was wrong leads me to two problems.
First, juries are not wrong. They hear the evidence, weigh it, and make a decision. 12 people agree on the verdict (at least in criminal cases). They may not hear evidence that has been barred by the court, but unless the jury is participating in jury nullification, they make a decision. I don't think you can call it wrong.
Second, by publicly calling out the jury, you are questioning the people who made the decision. These people VOLUNTEERED their time so that your client gets his/her "day in court." When you start attacking a jury in the press, other people are less inclined to serve. It is hard enough getting a jury without adding to the problem by calling the jury names.
As an aside, by telling the media that the jury was wrong, you may taint the jury pool if you get a new trial from an appeals court. That could cause a change of venue which may not help your client.
Be careful talking to the media, and be especially careful calling out a jury.”
For more interesting commentary, visit Jonathan’s blog at
Source: The Practice, April 27, 2006
Posted by JD Hull: “Outstanding and one thing I've been trying to say is wrong with us lawyers--but someone said it better. From Christopher Marston at Exemplar Law, it's right here and right on the money on negativity in the legal profession. Happily, one takeaway from the post has been a mantra at my own firm for years: be lawyers but always tell clients what they can do. Be different. Break the risk-averse lawyer pattern. Amaze clients. Offer solutions.”
For the active link, go to
Source: What About Clients?, 27 April 2006
In the news: “For solo practitioners, client development is one of the most vital elements for success, but also one of the most challenging. And since attorneys can spend as much time marketing themselves as they do racking up billable hours, they should make sure that time really counts. From doing pro bono work to cultivating social contacts to just plain positioning themselves at the local courthouse, solos are finding that visibility and word of mouth are key.”
Read full text
Source: Source: Law.Com's Daily Legal Newswire. 27 April 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From TVC Alert: “Learning Disabilities and the Law After High School: Patricia H. Latham, a partner at Latham & Latham Law Firm (Wash. DC), provides an overview of the rights of students with disabilities after they leave high school. "Children with learning disabilities who receive services under the Individuals with Disabilities Education Act (IDEA) or the Rehabilitation Act of 1973 (Rehabilitation Act) in public elementary and secondary school may continue to have legal rights under federal laws in college programs and in employment." In a Q&A format, she briefly explains the different laws, accommodations, disclosure and more. (et)”
For the active link to the article, go to
Source: TVC Alert Research News, 27 April 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=apr06/27apr06.xml
Posted by Denise Howell: “In his essay Bloggers vs. Journalists is Over, Jay Rosen famously observed, "A blog, you see, is a little First Amendment machine." The First Amendment Center explores the permutations of this reality in its piece on blogging.”
Active links are available at the source site listed below.
Source: Between Lawyers (Blink), 26 April 2006
Adriana posts: "’I just need some space’...why do guys often take such offense to this statement? Sometimes all I'm asking for is some simple non-breaking space. Did I say "I never want to see you again? NoOOOOooo....well, while I work on that lets talk about a kind of space that we can all get.
A non-breaking space is a special character you can insert between text you don't want split on two lines. I've seen all kinds of word-processing acrobatics in effort to keep a date, a name or a special phrase on the same line - which is, of course, futile as it won't stick from one computer to the next. But why go through all that when simple brute force will do? Here's how:
Word: Ctrl + Shift keys as you press the Spacebar
WordPerfect and OpenOffice: Ctrl as you press the Spacebar
MacOS: Option as you press the Spacebar
Want to know more? Can you believe there's even a Wikipedia entry about the NBS? I can think of one grammar nerd (at least he's cute) who will really like this page.”
For the active link, go to
Source: I Heart Tech, 26 April 2006
Posted by Bonnie Shucha: “Think tearing up those unwanted credit card applications is good enough? One man documents his adventures with The Torn-Up Credit Card Application.
Find out what happened when he tore an application into small pieces, taped it back up, and mailed it in. Oh, and he changed the address and listed a cell phone number, too. Yikes.
His advice: Get a shredder. "Every credit card application you get is now like a villain from a suspense thriller. If you don't figure out how to completely destroy it, it may come back to terrorize you in the sequel."
[Her] Source: TechBlog
Active links are available at the source site listed below.
Source: WisBlawg, 26 April 2006
From the blog: “Readers of this blog may be interested in a new serial novel, Limitations, by Scott Turow, running in the New York Times Magazine. The first installment arrived this weekend. They just finished a Patricia Cornwell story, and it wasn't bad if you like her thing, I suppose.
The Turow story starts out with an oral argument in an appeals court, so I was hooked, of course. The case concerns a rape at a party hosted by elite prep school athletes, a rape of a black woman by white boys. (I wonder when he came up with this idea, and whether he'll find that truth is stranger than fiction.) Anyway, the attackers filmed the rape, but the tape didn't turn up for some time, and the question is whether the statute of limitations has run. Naturally, I expect many twists and turns and doubt if even Turow can write a whole novel about one appellate case.
This first entry is mostly exposition and teases, but the judges seem interesting. And, as a bonus for Presumed Innocent fans, there's an appearance by Tommy Molto. So if you're looking for a serialized legal thriller, I hope this hits the spot.”
For the link to the story, go to
Source: Begging the Question, 25 April 2006 [Via Blawg Republic, 26 April 2006]
Ron Friedmann posts: “BigLaw’s salary escalation for new associates shows the competition for talent. Law firms should consider how technology can help them gain recruits’ mind-share.
The Wall Street Journal, in Podcasts Extend Recruiters’ Reach (4/24/06, $), explains how management consulting firm Bain & Co. used a 20-minute podcast featuring Bain executives to attract students at the Indian Institute of Management. “Pleased with the results, Bain plans to expand its use of podcasts to more universities and other countries next year. That will put the firm on the leading edge of what may be an emerging trend in recruiting, as employers tap a popular new technology to reach young job seekers.”
I am not aware of any large law firms that produce recruiting podcasts. Podcasts might not make a huge difference, but creating and distributing them is inexpensive. Of course, once a firm develops the production capacity, it can also create client updates.
A bold firm could go a step further: along with offer letters, send a firm-branded iPod loaded with podcasts about the firm.”
For the active link, go to
Source: Strategic Legal Technology, 25 April 2006
From the blog: “So says Scott Wiegand.
And from his harrowing days as GC at PurchasePro, he should know. That experience included a criminal trial on federal charges; Mr. Wiegand was acquitted on all of them.
In an excellent and straightforward article in Corporate Counsel magazine, Mr. Wiegand provides six “lessons learned” to once and future GCs, who should consider the downside before grabbing the alleged gold in-house ring when it is seductively dangled in front of them.
I won’t summarize all six; Mr. Wiegand and his coauthors (attorneys on his defense team from Nutter McClennen & Fish) do so very ably.
Item #2, looking closely at the CEO and CFO are key, particularly in the post-Sarbox world. Item #4, talking privately to outside auditors is a great idea; but I wonder how that would work during the courtship that is the recruitment and interview process for a C-level position.
Item #5 is the key for me, albeit one that works only after you’ve accepted a GC position: remember that you are the company’s lawyer. That is a perennial challenge for GCs, particularly with smaller companies facing difficult issues.
Mr. Wiegand is now associate general counsel at Harrah’s Entertainment Inc. He is moving on, but notes the financial toll such charges can take. It’s gratifying to know that there are employers out there who see baseless charges for what they are, and keep a good lawyer regardless.”
For active links, go to
Source: The Wired GC, 25 April 2006
In the news: “Women who juggle kids and careers might expect some sympathy from female clients. After all, the thinking goes, they can relate -- or not. Some in-house counsel at a recent National Association of Women Lawyers event took the harder line, reminding the crowd: Clients come first. Said one GC, "If there's a family crisis or something with the kids or other clients, we don't care about it -- get the job done. You are a commodity to us -- show me how you can solve a problem."
Read full text
Source: Law.Com's Daily Legal Newswire. 26 April 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Larry posts: “There is no question that women attorneys clearly face some unique and daunting challenges in business development. Quoting from Lauren Rikleen's new book Ending the Gauntlet: Removing Barriers to Women's Success in the Law, marketer Michael Cummings outlines 10 Best Practices In Personal Marketing Suggested By Women Rainmakers on the LawMarketing Portal.”
For the active link, go to
Source: Larry Bodine’s Professional Services Marketing Blog, 23 April 2006
Posted by Jim Milles: “From the Crime & Federalism blog:
Has Connecticut gone mad? It sure seems so, as they are now requiring applicants to its state bar to disclose whether or not they are depressed. Specifically, applicants are now required to answer this question:
During the last ten years, have you been treated for any of the following: ... major depressive mood disorder ..."
What do you all think? Should an applicant be required to disclose this? Does the public need protection for someone who has suffered depression?"
Active links are available at the source site listed below.
Source: Out of the Jungle, 25 April 2006
Posted by Ken Kozlowski: “The Supreme Court of Ohio's Advisory Committee on Technology and the Courts has announced that the Electronic Filing Work Group of the Standards Subcommittee has released a draft of their proposed e-filing standards for comment. Comments will be accepted on the document through June 30, 2006.
Instructions for Commenting on the Proposed E-Filing Standards (PDF)
Proposed E-Filing Standards Draft (PDF)”
Active links are available at the source site listed below.
Source: Ohio Law, 19 April 2006
Posted by Chris Sherman: “A new blog search startup called Sphere is launching today, with a different approach to finding content in the blogosphere. Sphere's creators are veterans of several internet startups who've applied the lessons they've learned from previous companies (Oddpost, Wordpress and others) to build a powerful, but easy-to-use blog search engine, with a number of interesting twists. I've got a full writeup of the new service in today's SearchDay article, Sphere: A New Approach to Blog Search.”
For the active link to the article, go to
Source: Search Engine Watch, 25 April 2006
Posted by Carolyn Elefant: “The ABA GP Section just posted a list of quality of life resources that offer information on work-family balance, de-stressing and some silling "time wasters." In the three years that I've been blogging MyShingle, I've noticed a proliferation in work balance resources, but not much improvement on the part of lawyers to strike a better balance. So while these resources are important, the next step you need to take is to stop reading or thinking about a better balance and start taking action to achieve one for yourself.”
The active link is available at the source site listed below.
Source: MyShingle, 25 April 2006
Posted by Evan Schaeffer: “In the April issue of Trial magazine, there's a good article about mediation titled "What mediators really want to hear." It's based on interviews with veteran mediators Judith Meyer, John Leo Wagner, and Joe Epstein, and was written by the editorial staff at Trial.
Here's some of what you'll learn if you can get your hands on a copy, which unfortunately isn't available online to non-subscribers:
• Powerpoint and video presentations are often "boring and pedantic." Even if not, they are often so emotionally overwrought that they irritate the other side into unnecessarily stonewalling. If you're going to make a detailed presentation, take care. On the other hand, photographs and chronologies often help a mediator quickly understand the facts.
• Try to view the process "as a joint problem requiring a solution" and not a "competition to win or lose."
• Make sure you talk to your client about the objective of the mediation. The client should be at the mediation and should be given access to the mediator. Generally, you should let the client speak if the client wants to speak.
• When you're negotiating, don't be a "one-trick pony." That's a lawyer who is always using the same negotiating tactic, mistaking it for something very dramatic: walking out, then returning and walking out again; or drawing a firm line in the sand and promising never to cross it, only to cross it and replace it with another non-negotiable line.
• There's much more in the article, which is recommended to both plaintiff and defense lawyers.”
For the active link, go to
Source: The Illinois Trial Practice Weblog, 24 April 2006
Posted BY Arnie Herz: “I’m back from hiatus and shifting into work mode. I’ll resume regular posting next week. In the interim, I’ll pass along two great articles from Mediate.com.
In the first piece, conflict resolution expert Julie Denny offers insights and tips on constructive confrontation. Launching from the premise that “conflict can be an opportunity for personal growth, improved communications, better relationships and even untapped creativity,” Denny gives us a few “simple tools” to use in conflict situations, including these: understand what’s really going on; hang on to your goal; listen; and, validate the other person’s point of view.
In the second article, conflict and communication skills trainer Judy Ringer extracts and distills core concepts from the plethora of books on the subject into a handy checklist for handling difficult conversations. According to Ringer, the list’s common thread is this: you have more power than you think. That’s because the “majority of the work in any conflict conversation is work you do on yourself. No matter how well the conversation begins, you’ll need to stay in charge of yourself, your purpose and your emotional energy.” This may be a stunning revelation for many lawyers since we tend to focus our energies on the others we converse with – a/k/a/ client, adversary, judge or colleague.
The article ends with some conversation openers for us to sample. Among them are:
“I think we have different perceptions about _____________________. I’d like to hear your thinking on this."
"I’d like to see if we might reach a better understanding about ___________. I really want to hear your feelings about this and share my perspective as well."
"I have something I’d like to discuss with you that I think will help us work together more effectively.”
For active links, go to
Source: legal sanity, 21 April 2006
Posted by Carolyn Elefant posts: “Rob Robinson summarizes the list of 60 Marketing Tips in 60 Minutes from an ABA Techshow presentation. I've used many of these tips with success (like niches with riches) and others, I know I should be using, like following up after speaking engagements or improving my Power Point skills. Finally, some of the tips, like marketing at trade shows have never worked for me.
I realize that the list is a bit superficial, but it's a summary, after all. Readers, do share - which of these tips have worked best for you or alternatively, proven ineffective?”
For active links, go to
Source: MyShingle, 25 April 2006
In the news: “In 2005, Scott Wiegand was acquitted of felony charges, including securities fraud and conspiracy, related to his former position as GC of PurchasePro.com. Wiegand, who felt vindicated when the judge acknowledged how well he had dealt with an "extraordinarily difficult situation," now shares some ideas aimed at helping other lawyers safeguard themselves from the risks of going in-house. The best protection for any in-house counsel, according to Wiegand: Choose your company wisely.”
Read full text
Source: Law.Com's Daily Legal Newswire. 25 April 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: “Webcast: Sir Tim Berners-Lee Speaks on the The Future of the Web
"The development of Web technology has been an exciting ride, a series of socially motivated technical innovations some languishing, others catching on in a viral way. As each development has suggested many new ones, and much of the original vision is still unfulfilled, there is a lot to do. This talk will discuss new challenges and hopes for weblike systems on the net." The lecture was given on March 14, 2006. Slides used during the talk are available here."
Active links are available at the source site listed below.
Source: The ResourceShelf, 25 April 2006
Genie Tyburski posts: “ The current issue of the Google Librarian Newsletter contains two Google commands cheat sheets. Both contain the same information. However, one is an 8.5" x 11" single sheet of paper and the other is a 17" x 22" poster. While they provide the syntax for many commands, they are not complete.
RELATED: Google Help: Cheat Sheet
Google, 2005
(Contains a more complete list of commands.)
RELATED: The Google Guide
(Useful third-party guide to Google searching.)”
For active links, go to
Source: TVC Alert Research News, 25 April 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=apr06/25apr06.xml
Sabrina posts: “From Moody's, Free Economic, Demographic & Financial Data - "Finding and downloading economic data has never been this fast, simple, or free...Moody's Economy.com data services teams in Asia, Europe, and the United States update FreeLunch.com's economic data as is it is released by the primary source."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 23 April 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Sara Sampson: “The Ohio Supreme Court's Commission on Rules of Practice and Procedure coordinates proposed and recent changes to Ohio's court rules. The Court's Rules Advisory Committee submits proposed changes to the Court, which (after considering comments by the public) submits the changes to the Ohio General Assembly. Legal researchers may be interested in:
• an overview of the committee's duties and annual schedules
• the 2006 proposed rule changes filed with the General Assembly (PDF)
• proposed amendments to the Traffic Rules (PDF).
Learn about how changes are made to Federal court rules here.
For active links, go to
Source: Moritz Legal Information Blog, 21 April 2006
Posted by Tom Collins: “Law firms depend on customers and that takes lawyers who can attract them. Some people have an ability to do it better than others. From this day forward, let a paperclip remind you that looking for that ability is an important part of managing the recruiting process.
Law Practice Management’s post Trade a Paper Clip for a House tells the story of the blog one red paperclip. “What 26-year-old Kyle MacDonald announced on his one red paperclip blog was his intention to trade up his one red paperclip until eventually he winds up with a house. Implausible? Ridiculous? Impossible? Well, he seems well on his way.”
The Law Practice Management blog relates the story to convey a message: When hiring, look for candidates who have the personality and fire in their belly that will bring new business to the law firm.”
Active links are available at the source site listed below.
Source: morepartnerincome, 20 April 2006
Barry posts: "And you thought Jonathan was the only blogger on this blog...
Some of you will scoff at my post because you think you know it all, or maybe you do. Good on ya! But if you don't know it all (and you don't have to admit it to anyone but yourself), read on.
Want to be a better lawyer? Want to FEEL like you are a better lawyer? You need to his the books, my friend.
The law library has more material on practice areas than you'd believe. For example, check out Am. Jur. Trials, or Proof of Facts. (It isn't just medical malpractice and personal injury.) Not sure how a direct exam should go in a commercial trial? Am Jur Trials is a good place to start. If you are new to federal practice, fear not. The number of texts written about federal practice is staggering….
I think you can see I'm a big fan of the law library - in fact, the longer I'm out of law school, the more I appreciate the law library. Here's a comparison - how many times have you read in the sports pages about a professional team needing to get back to the basics? These guys are pros for heaven sakes - they should be way past the basics of blocking and tackling, or base-running, or foul-shooting. Yet, every coach will tell you the winners ALWAYS do one thing better than the losers - they do the basics better. These general reference texts - CJS, Am Jur, etc. - these are our "basic" texts. When you need to find out the basics (and sometimes it's a minor thing), head to your nearest law library. You'll be happy you did.”
Read full text
Source: The Practice, 22 April 2006
Kevin o’Keefe posts: “As further evidence that traditional media sees the potential of blogs TV Guide has started a blog network.
Several columns such as The Ausiello Report, Roush Dispatch, Entertainment News, FlickChick and Televisionary are now blogs. Plus there are new blogs from TV Guide magazine and online editors about different entertainment subjects.
What's this mean for lawyers and professional service firms considering blogs as a form of marketing? Your target audience is going to become very accustomed to blogs. Not only will the blog format become familiar, but they are also going to get very used to the delivery of content via RSS feeds.”
For active link, go to
Source: Real Lawyers Have Blogs, 23 April 2006
In the news: “Outside counsel who comfort themselves with quaint scenarios about lawyers as lifelong advisers who maintain clients throughout their careers do so at their own peril. Andrew E. Shipley, senior corporate counsel for Northrop Grumman, explains that in these modern times, with companies and law firms alike under cost-cutting pressure, outside counsel have to do more to impress -- and keep -- their corporate clients. But luckily, in-house attorneys are there to help bridge the way for outside counsel.”
Read full text
Source: Law.Com's Daily Legal Newswire. 24 April 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
By Marci Hamilton: “Cardozo law professor Marci Hamilton cites three recent events in the news as evidence of threats to women's autonomy both at home and abroad. Hamilton argues that '50s-era concepts of women as "treasures" to be cherished, and possessions to be protected, but not persons entitled to freedom, are making new headway -- and that women should vigilantly protect their autonomy, particularly at a time when it's become plausible that Roe v. Wade might be overruled.”
Read full text
Source: FindLaw’s WRIT. 21 April 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Sabrina posts: “FCW reports that the CIA network is hosting more than "1,000 internal blogs and an internal wiki with about 10,000 pages..."
For the active link, go to
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 21 April 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Sabrina posts: “From the Official Google Blog: "Today we're launching a feature of Google Scholar which will make it easier for researchers to keep up with recent research...It's not just a plain sort by date, but rather we try to rank recent papers the way researchers do, by looking at the prominence of the author's and journal's previous papers, how many citations it already has, when it was written, and so on. Look for the new link on the upper right for "Recent articles" -- or switch to "All articles" for the full list."
For the active link, go to
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 20 April 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Larry Bodine: “I was shocked to read this new statistic from BTI Consulting in Boston in a new article "The Declining Client Satisfaction Antidote" on the LawMarketing Portal.
"Low client satisfaction plagues today’s legal industry. Client satisfaction rates among the Fortune 1000 plummeted by nearly 15 percentage points during last year. Local and regional markets fared little better," says Marcie L. Borgal, Senior Strategic Analyst at The BTI Consulting Group.
What's the problem? She says three critical law firm behaviors underlie falling client satisfaction according to clients:
Not keeping up with changing client needs
Doing a poor job of articulating and delivering value
Poor communication between law firms and clients
She identifies a number of ways that law firms can steer clear of this debilitating trend with their own clients and discover what steps they can take today to gain competitive advantage.
See http://www.lawmarketing.com/pages/articles.asp?Action=Article&ArticleCategoryID=58&ArticleID=495
Active links are available at the source site listed below.
Source: Larry Bodine’s LegalMarketing Blog, 17 April 2006
Allison C. Shields posts: “Last week's ABA Journal ereport had an interesting article that is another reminder to make sure your fee agreement says what you think it says. The article was about a lawyer in Louisiana who took a will contest case on a contingency fee, but after negotiating a good settlement for his client, ended up with nothing when his client refused to settle.
According to the article, the fee agreement indicated that the lawyer would be entitled to one third of 'whatever additional property or money we can get for you.' Although the lawyer was able to negotiate a settlement wherein his client would have received over $20,000 more than what he would have been entitled to under the will, the client refused to settle, fired the lawyer, and attempted to pursue recovery on his own, but lost the case.
Although the trial court and one appellate court agreed with the attorney that he was entitled to one third of the settlement amount, the Louisiana Court of Appeals reversed, noting that since the client obtained no additional recovery, the lawyer was not entitled to a contingent fee….”
Read full text It's a lengthy article, but well worth your time!
Source: Legal Ease Blog, 18 April 2006
In the news: "While some lawyers revere the mining of metadata as an electronic method of rooting out wrongdoing, others liken it to rifling another attorney's desk. Just take a look at the brouhaha in Florida, where the State Bar, alarmed by the possibility of attorneys extracting metadata from professional correspondence, recently tried to ban the practice on ethical grounds. Said a member of the Bar's Computer Law Committee, "That's a little overly broad, saying that everybody that looks for metadata is evil."
Read full text
Source: Law.Com's Daily Legal Newswire. 21 April 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From Sabrina:
• Indecisive Decision: An Examination of the Greenberg & Faulkner Cases and their Impact on Libraries, by Sharon Whitfield
• Beyond Google and Yahoo: New, Nifty Search Engines to Optimize Your Research, by Barbara Fullerton and Sabrina I. Pacifici
• Got Competitive Intelligence? Tips, Tools, Techniques for the Savvy Marketer, revised and updated, by Donna Cavallini and Sabrina I. Pacifici
• The Government Domain - Roll Your Own Government Search, by Peggy Garvin
• The Tao of Law Librarianship - Librarian on the Verge of KM, by Connie Crosby
• Faulkner's Practical Web Strategies for Attorneys - Is Your Web Site Successful? Tips and Techniques to Get More Out Of Your Web Site, by Frederick L. Faulkner IV
• CongressLine by GalleryWatch.com, by Paul Jenks
• E-Discovery Update - by Fios Inc. - Applying Project Management Techniques to Litigation Discovery, by Conrad J. Jacoby
• Reference from Coast to Coast, Reference Reciprocity – Part 2, by Jan Bissett and Margi Heinen
• Short Takes: Book Review - Under the Workers' Caps: From Champion Mill to Blue Ridge Paper, by Beth Wellington
• After Hours: Searching Borders, Pizza Law, and Curious Cookies Indeed, by Kathy Biehl
Active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 18 April 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the blog: “Six new articles have been posted to the Articles Section on the web site of Freedman Consulting, which will help you address a variety of law firm practice management issues.
Client Intake Best Practices addresses the fact that most firms could benefit from improvement in their client intake procedures. The better these procedures are, the more likely a firm will have quality clients, get paid for its services, avoid conflicts, collect valuable strategic information for marketing purposes, avoid wasting otherwise billable time, and avoid potential malpractice actions.
How Much Does Your Hour Cost to Produce? questions whether if you’re charging a competitive market rate for your work, and billing and collecting, isn’t that all that really matters? Well, the truth is that if you’re always working on a billable hour basis, practice primarily one area of law, have no partners or associates, and always have as much cash and profit as you’d like, then the question may be moot. For the rest of you out there, I present some real-life situations where knowing the answer to this question will help you immensely. I then explain how to do the math.
I Had a Dream explores the impact some personality types can have at a firm, sometimes including the demise of the firm. It also asks the question as to whether life isn’t too short to put up with certain things on a regular basis.
Improve My Bottom Line reviews and defines the factors in law firm profitability.
Investing In Technology — Where the Rubber Meets the Road discusses the “must haves” and “must dos” that should be on every law firm list to make effective use of today’s technology.
Preparing for and Recovering from Disaster is a topic which should be on every law firm’s radar screen. If we learned only one thing from such events as 9/11 or the devastation wrought by back to back hurricanes which decimated the Gulf Coast region and its law firms, it is that all our former assumptions about what would “work” must be challenged.”
For active links, go to
Source: Law Practice Management, 20 April 2006
Posted by Ed Poll: “The question was asked: Is voice recognition software a viable option today? Is it ready for prime time?
My short answer is: Definitely. Yes.
I use version 8 of Dragon NaturallySpeaking. It cost me about $250 though my memory may be faulty. I purchased an Acoustic Magic microphone that sits on my desk in front of my monitor; it cost about $250.
The more significant cost I incurred ... and wisest thing I did was to engage a consultant to install the software and set up the system, and then to teach me how to use the system. That cost me between $500 and $1000. In the process, he trained the machine to accept my voice and me how to train the machine on my own.
The real cost is not the software or equipment; the real cost is the time you invest to train the equipment to understand your voice patterns.
… Focus on your core skills and pay to have someone to show you how best to use the product in your environment. You will short-cut the learning curve and enhance the value of the money you spend on the software and hardware.”
Full text available at the source site listed below.
Source: LawBiz Blog, 15 April 2006
Jim posts: “Most of you know I'm really sold on the concept of desktop search.
Why should we be able to easily search the Internet with effective search engines while being forced to use clunky Windows search tools to locate prior work on our own desktops and computer networks?
Many of you have heard me discuss X1. I really like the way it works and the large number of file formats that it indexes (over 370 different types). For many, the drawback to X1 has been its price - $74.95 - when there are other DTS tools which are free. For some readers of this post, the price barrier will dissolve. The fine folks at X1 have given me an opportunity to distribute 50 copies to readers who download from a link here at a 100% discount. (Now I'm not that great at math, but I think that translates to free.) So for your free download of the X1 Enterprise Client (full version, not a trial) click on this link. (I'll update this post when supplies have been exhausted – there’s a good chance I’ll be able to offer more, so check back).”
For the active link, go to
Source: Jim Calloway’s Law Practice Tips Blog, 11 April 2006
From the e-newsletter: "Federal government employment opportunities for high school and college students. Search options include employment type (for example, summer employment or internship), geographic location, and salary. Includes profiles of government agencies with job listings in the database, as well as links to agencies that aren't required to post listings in the database. Also offers options to create a profile to receive job matches by e-mail, submit a resume or get noticed by potential employers.
URL: http://www.studentjobs.gov/
LII Item: http://lii.org/cs/lii/view/item/12349"
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 20 April 2006. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe
From an email: “RenewData's Web Seminar Preparing for "Meet and Confer" is designed as a primer for attorneys and litigation support specialists who need to understand best practices for development of an electronic discovery plan as needed to fulfill new "Meet and Confer" requirements under the Federal Rules for Civil Procedure.This seminar will provide a basic overview of the e-discovery process and explain the critical role played by "Meet and Confer", including:
• Defining "Meet and Confer"
• Changes in the Federal Rules for "Meet and Confer"
• "Meet and Confer" responsibilities under the Federal Rules of Civil
Procedure
• Best practices for development of an e-discovery plan
• Preparing for the enforcement of new FRCP requirements for "Meet and
Confer"
• The role of "Meet and Confer" in the overall e-discovery process”
Date: April 25, 2006 and April 27, 2006
Time: 1:00 pm CDT
Place: Online Event
Register https://lra100.livemeeting.com/LRSRegistration/EC/renewdata/1121129145.aspx
Source: Email from Law Technology News, 19 April 2006