The next posting to this blog will be on June 6th!
During the break, I will be on the Outer Banks with my husband and 86 year-old mother. Hopefully we will be soaking up sun and enjoying the sound of the surf, but the weather forcast looks better for Ohio than it does for North Carolina - go figure!!!
Posted by Arnie Herz: “A recent blog post from Susan Abbott’s customer experience crossroads alerted me to a Deloitte study and report entitled: It’s 2008: Do You Know Where Your Talent Is? (pdf). The study looks at the “emerging talent crisis” and related “contest for human capital” in the new marketplace – an increasingly competitive global market characterized by “creative and technological advancements” and imminent vacancies created by a wave of Baby Boomer retirements.
Although the report offers a wide variety of insights and examples relevant to law firms on a quest to attract, develop and retain talented practitioners, I found its coverage on The Disengaged Employee particularly important to the legal profession.
Against a backdrop of some eye-opening statistics, the report addresses steps managers can take to “reduce the losses caused by an exhausted and demoralized workforce.” Notably, the report identifies “workplace relationships” – specifically, the employee-boss relationship - as “a crucial and often overlooked source of disengagement.” To remedy this problem, it suggests that organizations make leadership development a priority when revamping their “talent strategies.”
After reading the Deloitte report, I came across an interesting CareerJournal.com article that meshes well with the report’s message. Titled Construction Firm Rebuilds Managers to Make Them Softer, the piece focuses on the positive impact that executive coaching has had on the managers and employees of one construction company, the Kitchell Corporation. Kitchell started its coaching program in 2001 in response to “a looming management shortage.” According to the article, its executives believe that “the coaching is producing better bosses and more motivated staff.”
For active links, go to
Source: legal sanity, 23 May 2006
Posted by Jerry Lawson: “Nonbillable Hour points out that the techniques from How To Get Total Information Awareness (Without Really Trying) are readily adaptable to lawyer marketing:
Let's say you have a friend who lives on the other side of the country. Let's call her "Janet Birkenstock." You can set up a Google Alert using quotation marks around her name that searches both news stories and web sites. Then you can just forget about it. From then on, whenever Janet runs a marathon, gets promoted, is quoted in the local newspaper, or does anything that someone mentions in the news or on the web, you get an e-mail with a link to that page. You can always be the first to congratulate her, or whatever. The point is that you're staying in touch with and remain aware of your friend without any effort at all.
Now imagine setting up similar searches with all your friends, family members, former colleagues and others -- and, of course, yourself (to find out what others might say about you).
You can set up dozens or even hundreds of these Alert searches, and they will work for you forever, finding information on people you care about and letting you know what's new with them.
Now set up searches about your neighborhood or small town. If some developer is planning to bulldoze the local park and build a shopping mall, you'll be the first to know (and can visit the local city council meeting in time to provide input).
The Personal Tech Pipeline article has some practical tips on setting up such tracking.”
For active links, go to
Source: Netlawblog, 23 May 2006
Posted by Tom Collins: “I’m a bit surprised by the need to mention this, but checks need to be deposited every single day. Even better, use a lock box so that client payments go directly to the bank. If checks are mailed to the law firm, the person that restrictively endorses the checks and makes up the deposit should not have accounting responsibilities for the clients' accounts.
Juris Client Services team reports that they still run into situations where checks are accumulated and deposited only one or two times per week. We also run into situations of weak internal controls where the law firm's accounting person handles it all.
Cash is a wasting asset; it belongs in the bank. And cash (including checks) is a temptation that needs to be safeguarded through appropriate internal controls”
More practice advice is located on Tom's blog at
Source: morepartnerincome, 24 May 2006
Posted by Carolyn Elefant: “A few days ago, I wrote about the value of marketing. Since then, I Iearned about a free webinar called The Power of Branding and Image for Attorneys. The webinar, which will take place on Thursday, June 8 at 2 p.m. EST, will be presented by Mark Merenda of Smart Marketing and sponsored by Legal Research & Writing Pro, a new venture from my friend Lisa Solomon.
As Mark says, "Branding and Image are frustrating topics for attorneys since they cost money and show no measurable rate of return: nobody ever says “I hired you because of your brochure." Yet, branding and image are terribly important, for two reasons: (1) Your product is invisible, and when the product is invisible, the package is the product; and (2) your clients are not qualified to judge your services. They can’t tell the difference between and A-plus attorney and a C-minus attorney. They are going to have to make up their minds on some other basis. Nothing will affect them more than appearances. (Plus, a dirty little secret: having a sophisticated image will allow you to charge more.)"
To register for the webinar, go to www.LegalResearchandWritingPro.com.
Lisa has advised me that the teleconference interface is not Mac compatible. However, this is a great opportunity to get together with a colleague who has a Windows machine, or you can purchase a program like VirtualPC. Whether you are participating from you office or a colleague's, you can have as many people in the room with you at the time of the webinar as you would like.
Legal Research & Writing Pro will be sponsoring additional free webinars in the future, and I'll announce them here.”
Active links are available at the source site listed below
Source: MySheingle, 24 May 2006
Allison Shields: “I promised some insights from the Website Masterclass I attended last week given by Sean D'Souza of Psychotactics. One thing that was repeated over and over throughout the week was, "It's not what you know, it's what you do." How true!
We all know that our websites are there for our clients, or potential clients. But how many law firm websites talk more about themselves than about their clients? Take a look at your website - is it about your clients or is it really all about you? Are you providing your clients and potential clients with information that they want, and that they're looking for when they search the internet? Does your website demonstrate your experience and expertise by providing resources and educating clients and potential clients, or only by listing awards and accolades? Is your website a place clients can return to in order to get reliable, up to the minute information? Is it a place they want to return to, or is your website purely an on-line brochure and a place clients can go to get your phone number and perhaps directions to your office?
Here's an interesting tool you might want to try out - to see if your site has too much of the 'wewe factor' and isn't focused enough on your clients - The We We Calculator. Of course, it isn't perfect - it merely counts what it calls 'customer-focused words' and 'self-focused words' and then calculates some percentages. And of course, even if your site scores high on customer/client focused words doesn't mean that the content, read as a whole, focuses on your clients, and vice versa. But it is certainly something to consider.
Your website is about you and your firm, but if you're expecting it to be an effective marketing tool, it needs to convey what matters to your clients - which of their problems can you solve? How do you solve them differently or better than someone else does? How does your experience affect your ability to represent your clients?
Most lawyers 'know' that their marketing and their website needs to convey what the benefits to the client are of working with the firm, but it's not the knowing, it's the doing that matters. Does your website give your clients or potential clients what they're really looking for?”
For active links, go to
Source: Legal Ease Blog, 24 May 2006
From the e-newsletter: “What makes some in-house attorneys stand out from the crowd and become go-to lawyers for their clients? As veteran consultant Daniel J. DiLucchio explains, "go-to" generally refers to a lawyer whom business executives want to work with, one they turn to with confidence. DiLucchio shares his clients' perceptions on the characteristics of an ideal in-house attorney, as well as some tips to ensure your legal department is full of go-to lawyers.”
Read full text
Source: Law.Com's Daily Legal Newswire. 25 May 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the news: “Demonstrative evidence can make a difference in court, and in recent times judges have grappled with the technology that can be employed to present such evidence to juries. As exemplified by a recent decision by the Supreme Court of Pennslyvania, the current trend is to allow computer-generated animation (CGA) for demonstrative purposes.”
Read full text
Source: FindLaw’s TOOLS OF THE TRADE. 24 May 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Matt Steinke: “HTML 2 PDF will generate a PDF document from any html Webpage. Users simply type in the URL for the Webpage they would like to reformat and click a button. Bonnie at WisBlawg sees this being used to (1) digitally archive Web pages; (2) capture Web pages for off-line presentations; and ( 3) get a clean print for Web pages that don't print correctly from your browser.
From LibrarianInBlack and WisBlawg.”
Active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 19 May 2006
Ed Poll posts: “Ron Baker, a noted consultant and principal of Verisage Institute, quotes from Peter Drucker: "What is value to the customer? ...
The customer never buys a product. By definition, the customer buys the satisfaction of a want..." Following Drucker's idea, Ron Baker is the promoter of "The Chief Value Officer" concept. He encourages professional service firms to think in terms of value rather than time. In an interview with Ed Poll, Ron discusses this concept further.
Ron Baker, Verisage Institue
42 minutes, 06 seconds
9.8 MB
For the active link to the podcast, go to
Source: LawBiz Blog, 15 May 2006
Jonathan Stein posted: “This came up recently for me and I thought I would pass on some thoughts.
We are a lot like the insurance industry. Shhhh.......don't tell anyone. It is our dirty little secret. Okay, what do I mean? The insurance industry doesn't sell a product. They have no product to offer you. They sell a promise. Ask any insurance person and, if they are being honest, they will tell you this.
We are selling a promise to. We don't have any products (unless you are Lisa Solomon and selling a nice watch). We don't have anything tangible. We sell our promise as well. Our promise is to advocate for our client.
When the client loses trust in us, or when we lose trust in the client, the item sold becomes worthless. We no longer are selling anything. It is a sham sale. It is useless and worthless and the client should not pay for it.
I recently had a client tell me that she didn't trust me. I just fired her. I explained it to her as nicely as possible and she understands. But, I had to do it. I couldn't offer her anything for her money once she lost trust in me.
Just a few thoughts to keep in mind when you are dealing with your clients.
For more great insights, visit Jonathan's blog at
Source: The Practice, 23 May 2006
Posted By Patrick J. Lamb: “I have previously posted on The Geography Of Great Client Service, so I was pleased to see two terrific posts (here and here) by Matt Homann, author of the invaluable [non]billable hour, on the same topic. Matt and the authority he cites are right on the money--get out of your office and into your client's office if you want to have the extraordinary level of communications you should aspire to for each client.”
The active links are available at the source site listed below.
Source: In Search of Perfect Client Service, 18 May 2006
Gerry W. Beyerposted: “In Departing Shot: How to Disinherit Neatly, Wall St. J., May 6, 2006, at B4, Kaja Whitehouse explains techniques a person may use if he/she wishes to disinherit an heir. The methods Ms. Whitehouse suggests include:
* State reasons for disinheritance. [Note: In my opinion, it is possible for this technique to backfire. The explanation may upset some heirs, especially if they disagree with the facts or reasons given, and thus spur them to contest the will. Likewise, the explanation may provide the heirs with material to bolster claims of lack of capacity or undue influence.
* Record will execution ceremony.
* Include in terrorem (no contest) clause.
* Document testamentary capacity.
* Avoid appearance of undue influence.”
For the active link, go to
Source: Wills, Trusts & Estates Prof Blog, May 10, 2006 [Found via Blawg Republic, 24 May 2006]
Posted by Tom Mighell: “Now that our clients are starting to use e-mail as a primary means of communicating with us, they have come to expect (or demand?) that we respond much more rapidly than we would have for say a letter, fax, or phone call. But let's face it, sometimes we're just too busy to reply to an e-mail when it comes in.
My new acquaintance Itzy Sabo at Email Overloaded has a great two-step process for dealing with this problem in How to reply to all email messages within 24 hours, consistently:
1. Need to reply but don't have time right now? Drag the message into a special folder, entitled "Reply", that holds all the messages that need replying to.
2. Schedule a couple of times a day, every day, in which to crank though the Reply folder, during which you shoot off the necessary answers and file the messages elsewhere.
Great productivity tip.”
For active links, go to
Source: Inter Alia, 22 May 2006
From the blog: “You’ve just gotta love an article entitled 10 Dumb Things Users Do That Can Mess Up Their Computers. It’s written by Debra Littlejohn Shinder, MCSE, MVP, and is available as a free PDF download from TechRepublic from here. It’s written in language even a technophobe can understand.
Got someone at your office who still doesn’t “get it”? Leave this article on their chair.
It’s a short and to-the-point read. Here is the list of the dumb things computer users do. I recommend you download the article for greater detail and some specific recommendations:
1 - plug into the wall without surge protection
2- surf the internet without a firewall
3- neglect to run or update antivirus and anti-spyware programs
4- install and uninstall lots of programs, especially betas
5- keep disks full and fragmented
6- open all attachments
7- click on everything
8- share and share alike
9- pick the wrong passwords
10 - ignore the need for a backup and recovery plan
For the active link, go to
Source: Law Practice Management, 18 May 2006
In the news: “Handheld wireless devices like the Treo and BlackBerry might look like toys, but their growing list of capabilities -- Internet, e-mailing, calendaring -- means they contain a great deal of confidential information. Security for handhelds should be taken as seriously as security for the rest of your network, for which you make careful use of passwords, firewalls and other measures to protect privileged client data. Information systems manager Wayne Smith of Chester, Willcox & Saxbe offers security tips.”
Read full text
Source: Law.Com's Daily Legal Newswire. 24 May 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Mighell: “For several years now I have been a passionate advocate for desktop search products -- they work so much better than Windows' feeble Search feature at finding e-mail, documents, music files, pictures -- just about anything you would want to find on your computer.
Recently I started using X1 on my computer at work, and I love it. The program keeps a constant index of the files on my computer, and there's even a handy toolbar built within Outlook that I can use to perform a search without booting up the program itself. The search feature is lightning-fast, changing the search results literally with every new letter I type. And X1 also highlights my search terms in the preview window, so I can see exactly where in the file those words appear. And X1 doesn't work just on your desktop -- it will also search across your shared network files, too.
The folks at X1 were kind enough to let me share a good thing with you, and they have given me some free licenses for their product. If you're interested, just click here to download it, for free. You'll be glad you did.”
The active link to X1 is located at the source site listed below.
Source: Inter Alia, 22 May 2006
Dennis Kennedy posts: "How would you like to be in charge of our summer program?" So begins one of the most rewarding roles a younger attorney can have in the administration of a law firm.
You should take a momentary pleasure in the vote of confidence being so selected represents. The increased workload and time commitment, however, may seem a bit daunting. You probably know what you liked, and what you didn't like, about your own summer experiences. You have undoubtedly had some involvement with your firm's summer program and may even be a graduate of your firm's summer program. And you probably had at least an inkling that you would be asked to take on the leadership of the summer program. Where do you find help? What are the best sources?
I've just finished a four-year tour of duty in charge of the summer program at my firm. I was somewhat surprised to find that there are few articles and other materials available to help design and administer summer programs. Some of the more useful articles and sources may be found in the bibliography at the end of this article. Even better is to take over a well-designed program with a predecessor who will serve as an ongoing source of wise counsel and sage advice. That, however, may not always be the case.
This article lists my ten best tips for running a summer program. My firm has a relatively small summer program, but I have chosen the tips which have the most universal relevance. I have tried to combine both the practical and the philosophical and to place the role of running a summer program squarely within the tradition of training that is an integral part of the profession.
1. Involve Yourself in the Hiring Process.
2. Early Preparation Pays Off.
3. Make Use of Mentors.
4. Consider Using a Buddy System.
5. Involve Attorneys on a Regular, Structured Basis Other Than Simply Giving Assignments.
6. Adopt a Structured Approach to Feedback and Evaluations.
7. Handling Social Events.
8. It's a People Job, Not a Systems Job.
9. Practice Patience.
10. Don't Be Afraid to Stamp Your Imprint.
Conclusion
I don't know whether I decided to stop running our summer program because the summer associates kept calling me "Dad" or because I heard myself saying "what a great group of kids." Running a summer program is and should be a young person's game, for many reasons. But I had a four great years.
The great enjoyment and reward of running a summer program comes largely from the opportunity to know, teach and assist the extremely bright, motivated and interesting law students who will end up working at your firm for a summer or, you hope, much longer. I had four "great groups of kids" who impressed me greatly and from whom I learned many things. I am richer for knowing all of them and hope that I have contributed in some small way to helping them become the excellent lawyers, and people, that they are capable of becoming.
I interviewed a law student this fall who told me a story of working with an
older sole practitioner for period of time while she was deciding whether or not to go to law school. He gave her a lot of work, but also took a lot of time to talk to her about law school and the profession. When she told him that she had decided to go to law school, he told her that he had spent all the time with her because when he was young an older attorney had done the same thing for him. And, he told her, if she became a lawyer, she would have the same obligation to another young person in a similar situation. This is part of the tradition of the profession.
Often today you see and hear of an obsession with the "career path" and staying on it and fearing that you might fall even one step behind, that time spent working with young law students is time that might be better spent working on your own specialty, and that no one has any time for anyone other than himself or herself. I strongly believe that there is plenty of time and, if running a summer program is a detour off the fast track, it is a detour well worth making, a detour that has long been part of the tradition of the profession.”
For full text, go to
Source: DennisKennedy.com, 22 May 2006
Sue Altmeyer posts: “The Ohio Supreme Court has released 2005 Ohio Courts Summary. The report contains statistics for cases filed, pending and terminated for the Ohio Supreme Court, appellate courts, common pleas courts (general, probate and domestic relations divisions) and municipal courts. There are breakdowns by each court and type of case. A report on mayors' court statistics will be issued shortly.
The statistics show that statewide case filings have increased 2% over last year. For a summary of other results, see Summary of Ohio's Court Activity for 2005 Released, Ohio Supreme Court Press Release, May 22, 2005.”
For active links, go to
Source: Cleveland Law Library Weblog, 22 May 2006
When: March 6th, 2006 - 1pm EST / 10am PST
Date of recording: March 6, 2006 10:00 am
Play time: 40 minutes
Description: Within a typical US corporation of 1,000 employees, over 700 risky emails and documents leave the organization daily. On average, 25% of these communications are subject to compliance regulations and 75% of them contain legally sensitive information. So what's your company doing to reduce the embarrassment, financial risk and liability your organization is exposed to from the distribution of "unclean" and unsecured documents?
Webinar topics include:
• The top document risks
• Ensuring documents are in compliance with all of your outbound content (document, emails) security policies
• Completely securing document rights over email--Sorry, Acrobat isn't enough!
• Eliminating the risks of visible and hidden data leaks
• Creating a truly secure PDF of any MS Office document on demand or on email send
• Quickly and easily delivering secure email attachments
• Automatically stripping documents of hidden, sensitive metadata upon external email or posting
• Transforming risky documents into secure, non-editable PDFs upon external email or posting
• Executive alerting on regulatory and privacy risk occurrences
To view the webinar, go to https://law.webex.com/law/onstage/tool/record/viewrecording1.php?EventID=239753963
Source: An email from Law.com, 22 May 2006
Posted by Grant Griffiths: “There is an article today in the Startup Journal that continues my discussion of the Virtual Assistant. Timely considering my last post. Go to the link provided above and read the entire article.
What impresses me the most about this is the fact that most if not all of the Virtual Assistants out there are just like us. They are self-employed and usually work out of a home office too. For me this means they understand what it is like to work out of a home office. And what it takes to use the technology we use. They are self-motivated and want to take care of their clients.
Check out the article and if you are not using a Virtual Assistant, you need to consider it.”
The active link is available at the source site listed below.
Source: Home Office Lawyer, 17 May 2006
In the news: “As noted in a recent study, only about 30 percent of general counsel nationwide were satisfied with their primary law firms in 2005, down from 43.5 percent the year before. And the GCs, squeezed by budget constraints and pressure from boards of directors, are reacting to shoddy work by demoting and replacing their primary law firms and spreading the wealth among more secondary firms. How do you keep your law firm from losing its spot on the speed-dial? Some top GCs share their pet peeves in this interview.”
Read full text
Source: Law.Com's Daily Legal Newswire. 23 May 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the news: “Commentator Rick Georges hates to travel to legal technology trade shows. Why should he, the author of the Future Lawyer blog, be subjected to crowded planes, smelly taxis and the occasional airport body cavity search? After all, he can easily use technology to tour the world's best shows from the comfort of his favorite chair. Sit back and save some airfare as Georges points out where to get the goods online for shows like ALM's LegalTech, ABA Techshow and CES.”
Read full text
Source: Law.Com's Daily Legal Newswire. 23 May 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by John Jantsch: “Every couple of weeks or so a journalist or, heaven forbid, a blogger pops up with a story that is unflattering or even down right negative about the use of blogging as a business tool. (More often than not the party in question is simply practicing a "go against the flow" tactic to garner publicity)
This publicity usually comes at the hands of irate bloggers who quickly post dramatic and often silly sounding defenses of their beloved blogging. Many times these responses resort to name calling and renewed pledges to boycott this person or publication's writing forever.
Here's the ironic thing about this activity. Every time bloggers post these emotional responses, they actually hurt the reputation of blogging as a business tool. Look, blogging is an effective marketing tool, anyone who has used it as such knows that, but, it ain't a religion, it doesn't need to be defended. Cruelty to animals, now there's a cause you should go to bat for, but blogging, just go lead by doing and the business world will follow.
Business folks are still cautious about mixing blogs with other marketing tools, partly due to the overhype blogs received and partly due to the lingering perception of blathering lunatics.
Just go out and blog and stop contributing to the blathering lunaticness. The sooner business people see that the "blogosphere" is not an exclusive club with some secret code of rules, the easier it will become for them to rationally determine how to use it as marketing tool.”
This post must have made an impression, it has had 5 comments and 74 hits as of this writing!
Source: Duct Tape Marketing, 18 May 2006
Posted by Dave Weissman: “Today we launched a new feature on Google Blog Search that lets you narrow your search by date. Using this feature, you can track blog posts on your favorite topics according to when those items were posted. We've also incorporated some improvements in search quality that should make your blog-search experience even better.
Ever since Google Blog Search launched, we've noticed that the universe of blogs has truly exploded--our index is doubling every six months. Perhaps even more striking, though, is that there's no one region in the world that leads the growth of blogs. Self-publishing clearly has global appeal, and blogging makes it easy for everyone on the web to share their voices and connect. True, there continues to be blog spam (and we continue to fight it), but our blog search reveals the great range and quality of ideas and writing out there.
Take it for a spin and let us know what you think.”
The active link is available at the source site listed below.
Source: The Google blog, 18 May 2006
Posted by Anthony Cerminaro: “As Captain James T. Kirk once intoned, "A meeting is an event where minutes are taken and hours wasted.” To keep this from happening at your meeting, follow these suggestions from TechRepublic
#1: Know why you called the meeting...Spend five minutes before you send out the meeting invitation to formulate, in 10 words or less, exactly why you need everyone's time...Review the reason an hour later; if it still seems valid, go ahead and send out the invitations...
#2: Know what action you expect from the meeting...Do not squander others' time. Instead, spend a few minutes before the meeting trying to answer the following question: "What do I expect the attendees to DO at the end of this meeting?"...
#3: Never send a meeting to do a conversation's work...
#4: Designate someone you trust to take the minutes...
the minutes become the permanent record of what was agreed to and decided on. Take the minutes and circulate them yourself or have a trusted associate do the honors. Oh, and you do not have to write down everything said at the table. A list of action items and agreed to dates will suffice.
#5: Establish the rules of order...Chaos happens, but you do not have to let it ruin an otherwise-productive meeting.
#6: Start on time, end early...
#7: Maintain focus...
#8: Assign action items at the end...
#9: Verify agreements...Take a minute at the end of the meeting to summarize what you agreed to...This allows you to verify that you properly understood the agreement and that the meeting attendees reached a consensus on the issue...
#10: Follow up..."
Read more in this article by Sharon T. Kalvar.
The active link is available at the source site listed below.
Source: BizzBangBuzz, 18 May 2006
Evan Schaeffer posted: “There's been talk for years about paperless offices and paperless courtrooms. The idea is to make life easier, but I wonder whether it does. At trial, there's usually a need for paper copies of exhibits even if computers are used--the jurors need the paper copies when they deliberate, the judge might want a copy to see up close, the court of appeals might want them for an appeal. The "paperless" component doesn't make things simpler, but just the opposite; it adds an additional layer of complexity to the proceedings.
In the office, things might be a little different. I know at least a couple of law firms that scan every piece of paper that comes in through the mail. I'm not sure what happens to the paper afterwards. But that's not supposed to matter to the lawyers, since once the paper is digitized, they can peruse their files on their computers without worrying about where it went.
Does it work? Not for me. Even though I've been around computers most of my life, there are many tasks for which I much prefer paper. If I have an afternoon to get my mind around a new case, for example, I'd find it much easier to do if it was presented to me in four bankers boxes rather than on a computer disk. And no matter how hard I try, I'll never get used to reviewing medical records on a computer. I need paper than I can mark on, tab, order, re-order, etc.
Do others think like me? Or am I just hopelessly backwards?”
Read the many interesting comments to Evan’s blog post at
Source: The Illinois Trial Practice Weblog, 19 May 2006
In the news: “Fewer law students and a brisk legal market mean that more law firms may need to start sharing their summer associates. Historically, many firms have balked at letting law students split their jobs between two employers. And firms that do permit split summers often insist that students spend the first half of the season at their shops. But job-placement professionals say market forces are prompting firms to rethink their policies to get top students through their doors -- if only for a few weeks.”
Read full text
Source: Law.Com's Daily Legal Newswire. 19 May 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Sabrina posts:
• “Gumshoe Librarian 2006, by Barbara Fullerton and Sabrina I. Pacifici
• Let the People Know the Facts: Can Government Information Removed from the Internet Be Reclaimed?, by Susan Nevelow Mart
• Beyond Google and Yahoo: Advanced Search, by Tom Mighell and Sabrina I. Pacifici.
• CongressLine, by GalleryWatch.com - Congressional Scandals, Corruption and Misbehavior, by Paul Jenks
• Setting Up Shop: Choosing a Web Host & Registering Your Domain, by Frederick L. Faulkner IV
• Commentary: Is Nuclear Energy Clean and Safe?, by Beth Wellington
• Eight Reasons Solo Lawyers Should Use Law Libraries, by Mary Whisner
• E-Discovery Update - by Fios Inc.: Assessing the Importance of Voice Mail In Discovery, by Conrad J. Jacoby
• The Government Domain: The Government Domain: Homeland Security Collections, by Peggy Garvin
• FOIA Facts: Department of Justice Issues Guidance for FOIA Executive Order, by Scott A. Hodes
• After Hours: More Kid Stuff - Road Trip: Philadelphia, by Kathy Biehl
• Short Takes: Book Review - Absolute Convictions: My Father, a City, and the Conflict That Divided America, by Beth Wellington
• A Cup of Creativi-tea: Give Me My Space, by Terri Wilson”
Active links to articles are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 22 May 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Sabrina posts: “"Resignations from the federal bench, once rare, now are increasingly frequent. Since January 1, 2005, nine judges have resigned or retired from the federal bench. As a result, 2005 witnessed the single largest exodus from the federal bench ever." [Link]”
• For up-to-date information about judicial vacancies, see www.uscourts.gov/judicialvac.html
For the active links, go to
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 May 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Sabrina posts: “From the Google Librarian Center: "Looking for tools to help teach your patrons [firm] how to use Google more effectively? By popular demand, we’re now offering free downloadable teaching tools. While we've started small, we're planning on making more materials available soon, including additional posters, cheat sheets, tent cards – even trainings. Feel free to download and distribute these materials as widely as you'd like."
For the active link, go to
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 May 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the e-newsletter: “Former counsel to the president John Dean compares the Bush presidency with prior administrations when it comes to civil liberties issues -- with a focus on free speech. Dean draws on the work of University of Chicago law professor Geoffrey Stone to argue that, rather than justifying Bush Administration actions, historical precedents suggest the current Administration has gone much too far -- resorting to tactics even Nixon eschewed.”
Read full text
Source: FindLaw’s WRIT. 19 May 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Privacy in the Workplace: Employees’ Rights
From the e-newsletter: “Is your employer legally entitled to monitor your email and internet use? Can you be required to submit to a lie detector test during an investigation in your workplace? What about searches or interrogations by your employer? Get answers to these questions and much more in the "Privacy in the Workplace" section of FindLaw for the Public’s Employees’ Rights Center. Click on the link below to get started.
Employees’ Rights Links and Resources”
Tenants’ Rights: Rent and Security Deposits
From the e-newsletter: “Do tenants have the right to deduct the cost of repairs from monthly rent payment? What rights do tenants have in cities where "rent control" is in place? How much can landlords demand as a security deposit? Get answers to these questions and much more in the "Rent and Security Deposits" section of FindLaw for the Public's "Tenants' Rights" topic. Learn more:
Landlord-Tenant Law: Links and Resources”
Source: Both items are from FindLaw’s PUBLIC ADVISOR. 18 May 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Carolyn Elefant: "A few weeks ago, I posted here on the dangers of getting too close to a client. That issue came to mind again in reading this article Killer Charisma by Glenn Frankel (Washington Post Magazine 5/13/06) which ponders why advocates for Roger Keith Coleman, who was executed for the murder of his sister-in-law, continued to believe in his innocence until posthumus DNA testing proved otherwise.
The article is a lengthy, but fascinating read. It focuses on Jim McCloskey, an investigator who worked to exonerate Coleman, but it also discusses the legal representation provided pro bono over the course of eight years by Kathleen Behan of Arnold and Porter.
For those who don't recall the newsheadlines or Coleman's presence on the cover of Time magazine, the Coleman case involved post-verdict challenge to a capital conviction of Coleman for rape and murder of his sister in law. The Coleman case was regarded as a potential test case which would put forward the issue of whether proof of innocence was ground for overturning a death penalty conviction. And from the accounts that I recall from the press, it did indeed appear that Coleman had been wrongly convicted...”
Full text and active links are available at the source site listed below.
Source: MyShingle, 14 May 2006
Jonathan Stein posts: “I was talking to a friend the other day. He was feeling a bit burned out, and while he had work to do, he didn't really want to do it. He asked if I had some great motivation for him. I wish I did, but I didn't. Instead, I gave him the following advice: TAKE A BREAK.
Yep, that was my great advice. Someone had work to do and I told him to walk away from it. I know, I am a bit crazy. But, crazy ain't that bad! Seriously, there comes a time when walking away is what you need to do. And, as attorneys, we find it hard to do.
When I get stressed or when I start to feel burned out, I get away from work. I go find something else to do. I work on the MGB. I play soccer. I go play with the kids. I do yard work. I do something - anything, that is not work related. And I don't just do it for an hour. I do it for a day or a day and a half.
Sure, I am missing out on getting the work done. But, when I come back, I am refreshed and ready to go. I am more productive, more alert and more ready to face the task at hand. Try it, after all, Johnny like's it.”
For more great advice, visit Jonathan’s blog at
Source: The Practice, 19 May 2006
Posted by Tom Kane: “The skill of listening is quite difficult, and lawyers may be some of the worst listeners. We are taught to analyze quickly, advocate (okay, argue) and solve problems. Those are good things. But not in a first meeting before all the facts are known. Especially in a legal marketing situation. Better to spend most of your time listening, probing and learning about the client’s/prospect’s needs.
As promised in my last post I want to address Jim Hassert’s third fact – “You Must Listen” from his “Six Facts Every Lawyer Must Know To Develop New Business” series.
What I particularly wanted to share from Fact 3, was the four reasons listening will help you sell (I know that darn “s” word) your legal services which Jim took from Brian Tracy’s book Advanced Selling Strategies:
· Listening builds trust,
· Listening lowers resistance,
· Listening builds self-esteem, and
· Listening builds character and self-discipline;
and Jim’s five steps to improve your listening:
“1. Establish genuine interest by asking questions that you care about.
“2. Take notes. Writing down what people say shows that what they say is important, and that you are paying attention. Just put the pen down if the talk turns confidential.
“3. Respond to the speaker’s nonverbal cues, and monitor your own, including eye contact, smiling, and frowning.
“4. Keep people talking. Paraphrase, summarize, and restate what you hear. When you agree with people, they will think that you are smart. Especially if you don’t interrupt them or argue.
“5. Come prepared with good questions.”
Certainly you have encountered a good listener at some event you've attended, and they just seemed to hang on your every word. What did you think when you parted company? Something like this I’ll bet: “Boy, that was one smart individual.” Why? Because they recognized your brilliance by mostly listening to you, right? (Yeah, I’ve been there, and I am always looking for good listeners so I can be reminded of how smart I am.)
But if you want to improve your legal marketing, I suggest you try to heed the advice of Jim and others, and that is that you will do better by learning to listen more, better and smarter. I know I’m going to try.
Jim’s post is worth a complete read. It's definitely worth it. Are you listening?”
Active links are available at the source site listed below.
Source: The legal marketing BLOG.com, 18 May 2006
Posted by Arnie Herz: “I came across a trio of articles that shed some light on what’s fueling the lawyer burnout and lawyer attrition that’s prevalent in our profession today.
In Lawyers and the Success Trap, we’re told that that achieving in the law can be a double-edged sword. Lawyers typically succeed by devoting themselves to “a particular specialty or focused area of the practice.” This takes many years of intense effort. The lawyer’s dilemma, the piece asserts, is that we end up jettisoning our own fulfillment as we navigate the terrain of job expertise toward our ultimate goal of success.
A second article, titled Problematic Perfectionism, illustrates another aspect of the lawyer’s dilemma. Opening with the assertion that the legal world still requires (and rewards) a mindset of perfectionism, the piece explores the price we pay for our “quest for a flawless existence.” Innovation is one of the identified victims of the quest since our drive to be perfect keeps us from “jumping in and trying new things” and “being creative.” Some think that we should choose to innovate rather than perfect. But others suggest that, if we can’t stand the fire (of perfectionism), we should get out of the legal profession.
Offering yet another perspective on what’s ailing lawyers today is a CareerJounal.com article discussing why Life-Firm Life Doesn’t Suit Some Young Associates. It quotes one expert’s finding that attrition among big firm associates is at an all-time high. Their departure results from a coalescence of factors. Because the road to partnership is “long and arduous” and partners “are working harder than ever,” many associates think that big firm rewards simply aren’t worth the personal sacrifice. Their perspective is fueled by a generational attitude about the importance of having a life and “contributing to the greater good.”
For active links, go to the source site listed below and scroll down to this post.
Source: legal sanity, 11 May 2006
Reid Trautz posts: "I review a number of law firm web sites each month as part of my consulting with lawyers. I continue to see a trend among web sites that gives me pause to opine here. If this borders on a rant, please forgive me; however, if my rant hits too close to home, then I have accomplished my goal.
What is it with law firms putting pictures of their office buildings on the front page of their web sites? True, such pictures avoid the cliché images of a gavel, Corinthian columns, or the scales of justice. However, what do these pictures really accomplish? Do they give a client (or potential client) a sense of the type or quality of the work done by the firm? Maybe clients can guess that the fancier the building, the higher the hourly rates? Maybe it means the lawyers in the firm are camera shy. I really do not know. However, it says something else about such law firms--they need help with marketing.
Legal work is intangible. Clients cannot touch, feel or smell what they purchase from lawyers. Sure, they can feel the estate documents that cost them several thousand dollars, but they cannot touch or see the huge pile of money your expert drafting just saved them.
Consumers want tangible. They want to pick it up, feel the weight, examine the detail, and smell the freshness. Moreover, the more they spend the more tangible the purchase must be. That's why car dealers have learned to spray "new car' scent into every used car they offer for sale, and why real estate agents often suggest painting at least one room in a seller’s house--it makes the house look and smell new!
Although lawyers are not used car salespersons or real estate agents, it remains incumbent upon us as business people to metaphorically put the pile of cash on the conference room table and the "new car" smell into all our legal work. It is up to us to take what is intangible to our clients and turn it into something that is tangible. It is what our clients want as consumers. However, it is not all they want..."
For the full text of the post, go to
Source: Reid My Blog, 14 May 2006
Kevin O’Keefe posts: “Darren Rowse, a leader in the how-to of blogging, has a series of posts this week on maintaining momentum in blogging
He covers some of the reasons for burnout and provides the following detailed posts on maintaining the momentum.
· 3 Factors to Consider before Starting a Blog
· On the Go Planning
· Using Posting Schedules to Maintain Momentum
· Build on Reader Comments
· Schedule Writing Times
I'm a 'blog when I can and when I'm in the mood' blogger. Regular blogging is the single greatest source of new work for LexBlog. But like lawyers and others in professional service firms, there's only so many hours in the day. And it has to be fun when I'm doing it.”
For active links, go to
Source: Real Lawyers Have Blogs, 18 May 2006
Posted by Ed Poll: “Our goal with everything we do at LawBiz is to be the first stop in your search for content of value that will help you with The Business of Law® and improve the management of your firm.
Our latest tool to do that is the introduction of LawBiz Podcasts. Our Podcasts started May 1, 2006, and are the natural successor to our unique Law Practice Management Review: Audio Magazine for Busy Attorneys first released in October 1994 and produced each month thereafter for 11 years.
Why Podcasts? Because, as technology advances, lawyers incorporate it into their practices. I began the Audio Magazine as cassette tapes when most cars had in-dash players, and lawyers would simply pop in a tape and listen during their commute. About a year ago, we switched to the CD format. Now, with iPods and other MP3 players found everywhere, downloadable audio files are the best way to reach you and be part of your busy schedule.
Each Podcast lasts approximately 25 minutes, and the file (approximately six megabytes) can be downloaded directly from our web site. Our Podcasts can also be found at our blog. The first two Podcasts are available at both sites.
Scott Rockfeld, Group Product Manager for Microsoft, discussed MS's new product, OneNote, that helps to capture and organize all your random thoughts, to-do's and miscellaneous ideas in one searchable electronic storage system.
Patrick J. Lamb, Partner in Butler Rubin Saltarelli & Boyd LLP, a Chicago litigation firm, explains how "value added billing," a concept we've long advocated, helps you focus your services on the core competencies that mean the most to your clients.
Should you have a challenge or topic of concern that you would like us to address in our Podcasts, or if you want to offer comments or recommendations for improvement, please contact me by email (edpoll@lawbiz.com) or phone (800-837-5880). I look forward to hearing from you. Until then, happy listening . . . .”
The active link is available at the source site listed below.
Source: LawBiz Blog, 15 May 2006
Posted by JD Hull: “We have just 12 rules and no rigid doctrines here. Nonetheless you may not use "heretofore", "said" as in "said widgets" or "COMES NOW" in this space. Ever. See "Writing for Clients - Just Say It": Parts I-IV here, here, here and here. This blog loves sane and people-oriented writing for clients, fellow counsel and courts alike. So does New Orleans lawyer Raymond Ward, the "Rainman", who writes Minor Wisdom, one of my favorite blogs. His site is full of good tips on many things, including good writing. See Ray's most recent posts "Naked briefwriting" and my favorite "All they really need to know about legal writing they learned in the 3rd grade".
Active links are available at the source site listed below.
Source: What About Clients?, 15 May 2006
Michelle Golden posts: “I've been sitting on this post for awhile. It's quite good:
I have this new marketing strategy that costs next to nothing and:
* Will bring you a substantial increase in search engine traffic
* Will greatly enhance your ability to communicate with your market
* Will increase your odds of being interviewed by the media
* Will allow you (or someone you designate) to instantly post news updates to your web site
* Willl guarantee that your web site has fresh reasons for people to come back
* Will allow you to be seen as a thought leader in your industry and
* Will give you a tool to help cement strategic partner relationships
Above are the words of John Jantsch in his Duct Tape Marketing post: "I'm Just Going to Stop Using the 'B' Word."
He's talking about blogging, of course. A powerful marketing tool many firms (from massive firms to sole practitioners) are curious but tentative about--a problem compounded by the silly name.
So, forget the name, and familiarize yourself with the tool.
Quick! Before your competitors do it.”
For the active link, go to
Source: Golden Practices, 6 May 2006
Posted by Denise Howell: “Employment lawyer James Erwin offers Six Steps Help Ensure At-Work Blogs Are An Asset:
* Expressly include blogging within the same rules that govern acceptable use of email and Internet;
* Prohibit employees from disclosing or discussing any confidential or proprietary information;
* Remind employees that they are expected to be respectful of the company, its employees, its customers and its competitors; and are not to post material that contains harassing, discriminatory or threatening content, no matter when or where the blogging is conducted:
* Require employees to use their real name, not an alias, and; employees must make it clear that the views they express online are their own and not those of the employer. This policy adds credibility to the blog, as it will be viewed by readers as an independent source of information;
* Require that any reader responses to a blog be edited for profanity, harassing, discriminatory or threatening content directed toward the company, its employees, its customers, and its competitors; and
* Create an agreement with each blogger as to the purpose of the blog, the amount of company time you will allow the blogger to devote to the practice, and any necessary restrictions regarding overtime compensation for off-site blogging.
Interesting. As far as I know the overtime issue has not really surfaced yet, but I would think it's bound to play an evidentiary role in cases where classification of employees as exempt or nonexempt is an issue.”
Active links are available at the source site listed below.
Source: Between Lawyers, 10 May 2006
Posted by Denise Howell: “Wired Magazine has a concise, pragmatic, and I daresay super-effective guide to producing and distributing online video. (VOD = video podcast/video on demand.) If you've been thinking about how cool it would be to do a firm or practice-oriented videocast, this is a great quick-start guide (with the added bonus it presumes you want to do this on a shoestring, which is no problem a-tall).”
For active links, go to
Source: Between Lawyers, 12 May 2006
Evan Schaeffer posts: “There was a good article today at Law.com: "Do-It-Yourself E-Discovery," by Craig Ball. It began with this compelling lead:
Recently, a Texas firm received a dozen Microsoft Outlook .pst files from a client. Like the dog that caught the car, they weren't sure what to do next. Even out on the prairie, they'd heard of online hosting and e-mail analytics, but worried about the cost. They wondered: Did they really need an e-discovery vendor? Couldn't they just do it themselves?
As a computer forensic examiner, I blanch at the thought of lawyers harvesting data and processing e-mail in native formats.
"Guard the chain of custody," I want to warn. "Don't mess up the metadata! Leave this stuff to the experts!"
But the trial lawyer in me wonders how a solo/small firm practitioner in a run-of-the-mill case is supposed to tell a client, "Sorry, the courts are closed to you because you can't afford e-discovery experts."
In the rest of the article, Ball explores do-it-yourself options for searching .pst files. In the end, Ball settles on dtSearch, the search program I happen to use to index and search the work product--briefs, motions, letters, etc.--that I have on my computer. I've used dtSearch for a number of years and agree its a great solution, although I've never used it as a tool for electronic discovery.
I'm looking forward to Ball's next "Do-It-Yourself-E-Discovery" article. It's a concept that would make a great series.”
For active links, go to
Source: The Illinois Trial Practice Weblog, 12 May 2006
Posted by Bonnie Shucha: “I've been a Skype user for a while. Skype (rhymes with "type") is a proprietary peer-to-peer Internet telephony (VoIP) network. Basically, it allows you to call people for free using your computer to connect to theirs. See my earlier post.
Now Skype has announced that you can also use your computer to call any landline or cell phone within the US and Canada free until the end of the year. Very nice.”
[Her]Source: Law.com's Legal Blog Watch
Active links are available at the source site listed below.
Source: WisBlawg, 17 May 2006
Genie Tyburski posts: “Chris Sherman reviews Google Notebook, a tool for capturing and storing Web-based information online. Currently available only for Internet Explorer 6 and Firefox 1.5 or higher, Google Notebook lets you annotate and save Web-based information.
Bottom line: "It's a useful, unobtrusive service that will be most useful for quick, informal web research projects where you want to quickly gather up links and snippets of content...." But tools such as Onfolio or NetSnippets might better serve the needs of serious researchers.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 17 May 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may06/17may06.xml