Posted by David Swanner: “There is no cheaper advertising than your business card. You can get 1,000 business cards for $30–40. It kills me when I see business cards with perforated edges and blurry ink that a lawyer printed up on his own with an ink-jet printer. It drives me crazy when I get a lawyer’s business card that has something printed on the back because they got it printed for a discount. It drives me to distraction when I see a business card on cheap, flimsy card stock.
The business card is a descendant of the ‘calling card’ that announced who you were. Do you really want to tell the world you’re too cheap to have your cards professionally printed? If the card looks clean, sharp and professional, there is a good chance they will think that you and your firm are clean, sharp and professional. If you give them a cheap card, odds are people will think you are cheap.
There are a lot of things that the big firms do, that solos don’t have the money for. But $35 for a thousand cards? Please. By not getting clean, sharp, professional business cards, you are doing yourself and your firm a disservice.”
For more great advice and insights, read David’s blog at
Source: South Carolina Trial Law Blog, 30 October 2006
Posted by Mark Zamora: “I am one of our firm's 'road warriors' -depositions, client meetings, meeting with witnesses. Invariably the need for a notary will arise.
I'm a Notary. It's so ridiculously easy and cheap, it is a wonder more attorneys are not. How does being a Notary help?
1)I met a witness last week in a city about 300 miles away. The facts I gathered were simply written out, attested to by the witness, and then notarized. To be on the safe side I took a photo of the driver's license of the witness. Easy.
2)A small town medical provider had records in that same town where the witness was located. I prepared in advance a records certification, and when they informed no notary was available, no problem. (I may have to deal with evidentiary issues later, but for now it worked).
3)When a client travels to my office for a late afternoon meeting there were times when the staffers who were NPs had left, and we had to track down one in the building. Never again.
Take the time to apply, and you are set.”
Source: Trial Lawyer Resource Center, 30 October 2006
Using Flat Fees
Posted by Allison Shields: “Carolyn Elefent posted last Friday about flat fees in a post entitled, Make More With Flat Fees. Carolyn's post grows out of an article about a Portland, Oregon law firm that increased its revenues by a very significant margin as a result of going to a system of flat fee billing.
Carolyn says,
"I wish that the article had provided more detail on the difference in cost between flat fees and billable hours. It's not clear whether the flat fees enabled the firm to attract more business (thus accounting for more revenues) or whether flat fees in essence, enabled lawyers to collect more per hour (e.g., instead of charging $250 an hour for a 2 hour deposition or $500 total, lawyers would charge a flat fee of $1000 for every deposition regardless of length). Or does the flat fee encourage lawyers to work more efficiently, so that work cycles through more quickly?"
Here are some other possibilities: with a flat fee system, the firm may simply collected more of its fees and didn't have to write down, write off, or otherwise negotiate fees. Their revenue could have increased as a result of eliminating administrative work involved in billing and collections. This might translate into less of a need for staff and/or more time for attorneys to do work that could generate revenue. The cash flow might be more consistent, allowing the firm to use its income, rather than waiting for it.
The comments to the post are worth reading as well. Ed Poll comments that, "lawyers, generally, don't know their costs of operation," which leads to guessing when setting fees. He also says, "As more firms get into the process, they will realize the need to understand their business - and they will then better understand how to be more efficient in the delivery of services."
Poll's comment is key - lawyers need to understand their businesses better if they are going to compete in today's marketplace, offer value to their clients, and make a good living.
For firms that are still a bit gun-shy about value billing, alternative billing, or any billing methods other than hourly billing, here's a suggestion that may be the first step toward determining whether an alternative billing method might work for you and your firm: start keeping track of the costs involved in they cases you are currently handling. Include time and other resources spent on billing and collections, as well as the hard and soft costs involved in doing the actual legal work. Keep track of what is billed vs. what is collected, including any 'write offs' or 'write downs' done prior to the bill being sent to the client.
Get to know your business better - what is the 'average' for a particular kind of case? What factors make a significant difference in time, difficulty, etc.? What factors bring added (or reduced) value to your clients? How can you be more effective in delivering those legal services?
Once you've gotten to know your business better, you may find that offering clients a flat fee up front, based on your experience and with provisions for changes under specific circumstances, works better for both you and your clients.
I will be doing a series of posts about fees, since it's one of the most frequent topics of discussion among lawyers running their own practices.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 28 October 2006
Posted by Rick Kuykendall: “Expert’s deposition. While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions:
1. Who engaged you in this case.
2. What they ask you to do?
3. What did you do?
4. What conclusions, opinions did you reach and what do you intend to testify to at trial?
5. Where there any other test-analysis or things you could have done or would have liked to?”
Source: Trial Lawyer Resource Center, 30 October 2006
Posted by Genie Tyburski: “It looks like this new Web site is under development. But what is available is interesting enough to note.
It appears that whoever is behind it is building a utility for tracking popular commentators. Currently, the focus appears to be Web search and technology. But if successful, this could be quite a useful tool for monitoring expert opinion.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 26 October 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct06/26oct06.xml
Posted by Ron Friedmann: “More confirmation today from the New York Times that outsourcing is a big trend in BigLaw.
Law Firms Are Starting to Adopt Outsourcing (10/27/06) reports on large law firms that have outsourced functions. I’ve already blogged on the examples cited in detail (Clifford Chance and Baker McKenzie), so what is interesting to me is that the NY Times considers the trend newsworthy. The article also has some additional details about CC and BM (e.g., Clifford Chance is working with Integreon). The money quote:
“Despite the attractive economics, a mere trickle of law firms have [sic] actually moved operations out of their headquarters or to overseas locations. Yet some are betting that law will be the next industry to shift parts of its operations to lower-cost regions of the world.”
Coincidentally, earlier this week Joy London and I updated our list of legal offshoring and outsourcing. Joy and I have written an article analyzing what we see as the trend; it is slated to appear in LLRX.com in November.
Update (10/28/06): See the Integreon press release for more detail on Clifford Chance operations in India.”
The active links are available at the source site listed below.
Source: Strategic Legal Technology, 27 October 2006
From the blog: “I’ve decided I have to take a little bit of a new tact with yoga. Usually, I arrive and I’m so wound that getting into a "focus on your breath" relaxation mode is be extremely difficult. So tonight, I started to get in the right frame of mind from the moment I step out of work. We’ll see if that helps settle my brain a little faster.
Speaking of trying to make our mind "still," did you ever notice that practicing law can sometimes have the opposite affect? If we lose our mental balance, we lose our ability to focus. It’s really that simple. A distracted mind is not one that will make solid, strategic decisions. I’ve now had my firm for over a year and a half. Things have been extremely successful, but I find myself more easily distracted as habits of distraction begin to increase and become habits of their own.
That’s why yoga feels so good. It’s my one opportunity all week to remember that life and the practice of law are merely illusions. It is not the outcome of our practice that’s most important; but how we practice. It is how we practice that defines us as who we are. As lawyers, as mentors to clients, and as family members.”
Source: The Greatest American Lawyer, 25 October 2006
In the news: “VoIP technology, which sends phone calls over a high-speed Internet connection instead of a telephone network, has been around for years, but concerns over sound quality and bandwidth have prevented law firms from becoming early adopters. Now, with systems' increased reliability, diverse capabilities and extension mobility, many concerns have fallen by the wayside and the migration to VoIP has gained traction. Marcy Burstiner traces the progress of VoIP technology through the Am Law 200.”
Read full text
Source: Law.Com's Daily Legal Newswire. 30 October 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the news: “Corporate counsel often wish outside law firms could have a better understanding of how they operate, and law firms generally want a bigger piece of the corporate legal-expenses pie. The solution? Secondment. A seconded lawyer is one sent from his or her law firm to work temporarily for a firm client at a reduced rate to the client. The hope on behalf of the law firm is to build better relationships and eventually get more work, while the client can fix a staff shortage and reduce legal expenses.”
Read full text
Source: Law.Com's Daily Legal Newswire. 27 October 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Collins: “David Maister was prompted to write Guns for Hire when he started to think about the actions of a leading PR firm that transgressed many people’s sense of ethics – creating a blog consistently favorable to Wal-Mart® without disclosing Wal-Mart’s (or the PR firm’s) involvement. This led him to question why people in an organization take on work (or make decisions) that they would have rejected if they had been on their own. He hit the nail on the head when he wrote the following:
“If I knew that all my colleagues, bosses, partners, owners, etc., shared a common set of standards, then I would have the courage to make selective decisions based on those standards.”
I have written quite a bit on the importance of law firms having a core set of beliefs. Partners need to know what they agree about and they need to communicate those beliefs firm-wide. By doing so, the “If I knew” portion of Maister’s remarks would be satisfied and individual partners and others on the law firm team would be in a position to deal with many issues as if the organization was their business (law firm). Without a core set of beliefs, enterprises are left without a moral and sound business compass.
It isn’t difficult—the partners need to talk, agree, and communicate to the organization the common set of beliefs that guide the firm. It is empowering for the partners to do it. It is inspirational to the entire team to know that their organization believes in a guiding set of principles and sound business beliefs. An organization’s culture develops around those common beliefs. They become the glue that tends to hold a firm together through bad times as well as the good times. Without that culture, firms take on a strict “eat-what-you-kill” mentality where everyone is out for No. 1. When what you can eat takes a downward turn due to temporary economic or competitive reasons, loyalty goes out the window.”
The active link is available at the source site listed below.
Source: morpartnerincome.com, 27 October 2006
Posted by Sabrina I. Pacifici: “Courts Accepting Electronic Filings as of October 2006”
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 1 October 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Chuck Kallendorf: “The Ohio Supreme Court will be entertaining comments on a proposal to add a third section the “Professional Responsibility” portion of Ohio’s Rules of Governance of the Bar. The amendment is summarized as requiring “a lawyer to make readily available to each client a statement of commitments to the client, and associated client responsibilities..”
Language of the amendment and other pertinent information appear on the Supreme Court Reporter’s page.
Comments on the proposal will be accepted until November 22, 2006
Present Rule 4”
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 27 October 2006
From the e-newsletter: “December 1 is almost here. Why is that date significant in the legal world? Because, on that date, amendments to the Federal Rules of Civil Procedure will be taking effect. The rules will govern electronic discovery - and, in theory, are supposed to reduce litigation costs.
http://technology.findlaw.com/articles/00006/010334.html
E-Discovery Solutions Center”
Source: FindLaw’s Modern Practice. 27 October 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “The Ninth Circuit, in a decision announced this summer, has approved forensic searches of laptop computers at the border, even when the laptop's owner spent no time outside the airport in the foreign country and was under no suspicion of possessing foreign contraband.”
Read full text
Source: FindLaw’s Modern Practice. 27 October 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>
J. Jones writes: “The Institute on Money in State Politics is a national nonpartisan, nonprofit organization dedicated to accurate, comprehensive and unbiased documentation and research on campaign finance at the state level.” Their Follow the Money website provides users with access to state-by-state campaign contribution information organized by election year, candidate, contributor, or special interest. The “Power Search” allows multi-state multi-year searches. Attractive layout, colorful graphics, and interconnected links make search results easy to read and understand. Additionally, the Institute makes available numerous research reports on current topics of interest, and provides links to other sites dealing with money in politics. E-mail updates are available to those who are interested. This is an excellent site for tracking money in state elections.”
Source: “InSite.” Vol. 12, No. 5. 30 October 2006. Cornell University Law Library. To subscribe send the following request to: listproc@cornell.edu:
Subscribe InSITE-L [YourFirstName] [YourLastName]
From the e-newsletter: “Many parents have worried about their children spending too much time online, viewing Internet content that might be inappropriate, or being contacted by unsavory characters in Cyberspace. However, very few parents likely have considered the prospect that they may be sued for the online misbehavior of their kids.”
Read full text
Source: FindLaw’s Modern Practice. 27 October 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Carolyn Elefant: “Here's a story from CNNMoney.com/Fortune Small Business (10/25/06) on how one Portland, Oregon law firm, Ambrose Law Group bolstered its revenues by a whopping 85 percent, after participating in Fortune Small Business' Money Makeover Program and converting from the billable hour to flat fee arrangements. From the article:
"Flat-fee billing is better for clients and better for us," he says. "Clients value the certainty of knowing up-front what their legal work will cost...For common items like document preparation and filings, there's been very little resistance to the idea." The firm still bills by the hour for most of its complex litigation work. "It's hard to predict how much time a big case will take," says Ambrose.
But the firm has started charging flat fees for tasks such as taking depositions and filing complaints. Revenues at the firm were up 85 percent over the first eight months of this year vs. 2005, according to Ambrose COO Jan Alexander. Staff turnover allowed Ambrose to hire more productive attorneys. But Alexander says that flat-fee pricing deserves a lot of the credit.
I wish that the article had provided more detail on the difference in cost between flat fees and billable hours. It's not clear whether the flat fees enabled the firm to attract more business (thus accounting for more revenues) or whether flat fees in essence, enabled lawyers to collect more per hour (e.g., instead of charging $250 an hour for a 2 hour deposition or $500 total, lawyers would charge a flat fee of $1000 for every deposition regardless of length). Or does the flat fee encourage lawyers to work more efficiently, so that work cycles through more quickly?
I use flat fees wherever possible, since my clients don't ever dispute the amount owed and always have enough budgeted for the flat fee, since it's a fixed, rather than moving target. For that reason, solos ought to consider using flat fees, even if your flat fee is nothing more than a firm prediction of your hourly costs.
What's your experience with flat fees? And how do you set them? Do you pick a number out of the air - or do you tie the fee to your predicted costs? Please enlighten me and my readers, below.”
The active links are available at the source site listed below.
Source: MyShingle, 25 October 2006
Posted by Arnie Herz: “Since launching this blog in 2004, I’ve visited and revisited the topic of conflict here a number of times. Although radiating from the same hub proposition – that it’s vital for lawyers to learn how to handle conflicts they regularly encounter as participants or neutral managers – each commentary offers a slightly different take on this important theme.
The conflict coverage at legal sanity to date includes:
The importance of understanding our attitude about conflict
The high costs of everyday conflicts
Listening as a vital conflict resolution skill
Conflicts as opportunities for personal growth
Continuing the conversation on conflict are two posts from a new-to-me blog called Client Service Insights (CSI). Both posts consider the ripple effects of coworker conflicts. The first one makes the apt observation that “how we treat one another as employees in the workplace, whether it's in front of the client or not, can have a direct impact on our ability to deliver truly excellent service to our clients.”
The second post highlights the point that not all workplace conflicts are bad for business. “Good conflict” is the byproduct of people’s passion about something they’ve created. According to the piece, this kind of dialogue-infused dispute provides a “fantastic learning experience” that “almost always results in taking a team's collective thinking to the next level.”
In an interview at Mediate.com, conflict and communication skills trainer Judy Ringer weighs in with some practical tips for improving our ability to handle workplace conflcit. Professional service consultant David Maister also adds his voice to the chorus with a very thoughtful post on Repairing Fences. Maister recognizes that the ability to step back, pause and put things in perspective in the face of relationship discord is a very valuable, albeit often elusive, talent.
The active links are available at the source site listed below.
Source: legal sanity, 22 October 2006
Posted by Kevin O’Keefe: “You'd be well advised to check out the blog posts from the Blog Business Summit running today through Friday here in Seattle.
Presentations already blogged this morning include:
• Dave Taylor: The Future of Findability
• The Blog Advantage: Why blogs are taking over
The active links are available at the source site listed below.
Source: Real Lawyers Have Blogs, 25 October 2006
Posted by Wayne Schiess: “Research offers proof that gratuitously fancy words tend to make authors seem less intelligent than they would if they relied on shorter words."
Read about it here.”
The active link is available at the source siote listed below.
Source: Legalwriting.net, 19 October 2006
Posted by Robert Ambrogi: “eWeek has this review of newly released Firefox 2.0. Bottom line: eWeek says the latest version of Firefox has "the greatest out-of-the-box usability of any Web browser that we have tested (and that's a lot of Web browsers)." The active links are available at the source site listed below."
The active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 25 October 2006
Posted by Chuck Kallendorf: “Passing Senate Bill 383, would enable Ohio to join the other 46 states in the Union to “establish requirements modeled on the uniform laws & regulations of the National Institute of Standards and technology published in Handbook 130 and that incorporate standards for motor fuel based on standards developed by the American Society for Testing & Materials Committee D02 on petroleum products and lubricants.” (Article)
Alaska, Nebraska, and Pennsylvania are the only three states reportedly not having similar laws.
The bill also re-enacts Ohio Revised Code § 319.56, which had been repealed in 1974, now designating county auditors to be inspectors of commercially sold motor fuels in their respective areas.
(Auditor as inspector of weights & measure, ORC § 319.59 )
See also OAC § 901: 6—2—01 et.seq.
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 26 October 2006
"CPSE Reminds Parents to Keep Trick-or-Treat Safe this Halloween"
From the e-newsletter: “Frail skeletons and fluorescent Jack O' Lanterns decorate homes, while children disguised as witches, ghosts and goblins begin flocking out onto neighborhood streets in search of treats. As Halloween approaches, the U.S. Consumer Product Safety Commission (CPSC) wants you to know that like children, Halloween's hidden dangers also come in disguise...
http://cpsc.gov/cpscpub/prerel/prhtml07/07012.html
More Halloween Safety Tips from the FDA
Accident & Injury Center”
Source: FindLaw’s Public Advisor. 26 October 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “Certain problems between neighbors are simple, and can be resolved in a simple way -- by asking that tools be returned, or by agreeing to keep a barking dog indoors at night. Other problems can be more complicated. Learn about your property boundary rights and how to handle disputes with your neighbors in the "Homeownership" section of FindLaw's Real Estate Center -- including answers to frequently asked questions on fences, what to do when your neighbor creates a "nuisance," and a helpful "shared boundaries" dictionary. Click on the link below to get started.
http://realestate.findlaw.com/homeownership/home-neighbors.html
Talk to a Real Estate Attorney”
Source: FindLaw’s Public Advisor. 26 October 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Ed Poll: “In one of my coaching sessions today, I was confronted with a question that doesn’t arise often, but often enough to merit some review.
An associate was “guilty” of not attaining and remaining at the level of quality desired by the firm. The precise details are not important for our purposes.
The associate was with the firm only 6 months and had previously been warned to address the issues of client service and quality performance of legal services. My client, the managing partner, decided that the time had come to dismiss the associate rather than wait for the eventual malpractice suit, Bar disciplinary action, or loss of client(s)…”
The active link and the rest of the post are available below.
Source: LawBiz Blog, 24 October 2006
Posted by Tom Collins: “Before you jump, give a lot of thought to why you want to start your own firm. As one speaker asked, “Do you really just want to get away from where you are?” If that is the case, find another law firm to join. Because once you embark on your own, what you do and how you spend your time will change drastically, and your work hours are more likely to increase than decrease.
The biggest challenge has to do with business development. It is in the business development area that success stories are separated from the “also ran” and failures. David Maister wrote: “What you do with your billable time determines your current income, but what you do with your nonbillale (investment) time determines your future.”
Vision is important to success, but what is the focus of your vision? It can’t just be about money. It has been said that the only business with a mission to make money is the Mint. The rest of us have to deliver a product or service. Vision is about having a unique value proposition—something that sets you apart from the pack. It is something that gives you a competitive advantage. Even then, you need a shtick and a niche—a tactic for achieving your vision or objective and a narrowly defined market where you can secure a dominant position.
Here are examples of a shtick:
Continue reading this informative post at the source site listed below.
Source: morepartnerincome.com, 26 October 2006
Posted by Cindy Chick: “Because I spend so much time on the content management-type tracks, I don't get to go to as many of the sessions in the searching track as I would like. I did, however, manage to sneak in one. Greg Notess' programs are always jam-packed with information, and his session on new search strategies was no exception. By the way, Greg has a new book out called Teaching Web Search Skills: Techniques And Strategies Of Top Trainers
But back to search strategies. Greg re-iterated the conventional wisdom that any serious researcher should use more than one search engine, then demonstrated how you can use bookmarklets to make it easy to re-run a search in other search engines. These bookmarklets can be simply dragged from a page on Greg's web site to your browser favorites, links or personal toolbar.
Other selected tips:
Northern Light is back as a business search engine.
When you're looking for definitions, try Answers.com, Wikipedia, Yahoo Reference or Google's define feature.
For popular terminology and technology topics, try searching tas at social bookmarking sites such as del.icio.us
Microsoft's newly re-named search, Live Search, sometimes has more recent new content than Yahoo or Google.
Brand new from Live.com is the "linkfromdomain" search.
Exalead is the only search engine with proximity searching.
Be sure to check Greg's Search Engine Features Chart for more information on specific search engine features.”
For active links visit Cindy’s blog at
Source: LawLibTech, 25 October 2006
Posted by Tom Mighell: “CNet weighs in today with its listing of Top 10 Research Tools -- actually, there are 11. Probably not surprisingly, Google is well-represented, with 5 of the 11 sites. Even more interesting to me is the $49 Encyclopedia Britannica as the #1 research tool. I was also pleased to note that FeedDemon made the list, although many would characterize it as more of a research organizer than resource, like the other sites on the list.”
The active links are available at the source site listed below.
Source: Inter Alia, 26 October 2006
Posted by Allison Shields: “I am in the process of creating/redoing my website/blog. How do we move up the list on search engines? What keywords should we be using?
In order to answer this question properly, you’ve got to know your clients and potential clients. After all, getting zillions of hits on your website doesn’t do you any good if you aren’t converting those hits into leads or clients. You don’t necessarily want everyone getting to your site – you want the prospects that really need the kinds of services you provide.
Here are a few hints for increasing the odds that your site will get the visitors you want to attract (in no particular order). This is by no means a comprehensive list, but it's a start:
Keywords
Content
Watch your website statistics
Know your service and your clients
Update frequently
Use your blogging software to its full advantage –
Links
Capture contact information from your web visitors
Make it easy for your visitors to get information from your site
Be smart about title tags
Read full text of this interesting post at the source site listed below.
Source: Legal Ease Blog, 25 October 2006
Posted by Sabrina Pacifici: “Justice Department: 2006 Forfeiture and Money-Laundering Manuals
• "All three manuals come from the Asset Forfeiture and Money Laundering Section, Criminal Division, US Department of Justice. They were released earlier this year to researcher Michael Ravnitzky. These manuals are related to - in some cases, updated versions of - the documents that the Justice Department ordered libraries to destroy in 2004 [read more]. All are in searchable Acrobat/PDF format, as released by Justice."
• Asset Forfeiture Policy Manual, January 2006 (247 pages)
• Selected Federal Asset Forfeiture Statutes, May 2006 (227 pages)
• Money Laundering Statutes and Related Materials, May 2006 (121 pages)
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 October 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Sue Altmeyer: “The ACLU supports the Ohio Supreme Court's proposed changes to Crim.R. 16, the discovery rule.
"'Allowing prosecution and defense equal access to all evidence creates a level playing field in courts,' said ACLU of Ohio Legal Director Jeffrey Gamso. 'Under the current system, prosecutors have a huge advantage over the defense because they can investigate and prepare evidence that the other side may not know about until it is presented at trial.'"
See ACLU Press Release 10/24/06. Also see: Ohioans Deserve Open Discovery by Regina Brett, The Plain Dealer, Oct. 25, 2006. See our prior post: Proposed Ohio Civil, Criminal and Evidence Rules.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 25 October 2006
Posted by Sabrina Pacifici: “Five Ways - How To (Legally) Spy On Employees, October 25, 2006.”
For the active link, visit
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 October 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Sue Altmeyer: “The Ohio Supreme Court proposed a change to the Rules for the Government of the Bar, establishing a Statement of Commitment to Clients and Clients' Responsibilities. The proposed rules require attorneys to make a copy of such statement readily available to clients. Comments will be accepted until November 22, 2006. The proposed amendment creates a new Section 3 under Rule IV for the Government of the Bar. See Proposed Amendment to the Rules for Government of the Bar.”
The active link is available at the source site listed below.
Source: Cleveland Law Library Weblog, 24 October 2006
By Cheryl Stephens: “Do you ever allow yourself the luxury of an internal conversation? Is there any quiet time in your schedule? In addition to taking the 90-second opportunities that arise in a normal day, set aside an hour on your calendar to keep to yourself.
Everyone needs time for reflection, and if you do not take that time you will begin to forget who you are and what you stand for. Events will sweep you away and you will lose your bearings.
When you can take the time to slow down and feel your natural rhythm, you can feel the physical, mental, emotional, and spiritual elements of your being and bring them into harmony. In this state you put yourself in touch with your own creativity and your natural genius.
Enjoy the Silences
A key element of listening effectively to others is comfort with silences. When you are comfortable with silence, you allow another person the time and space to compose the expression of their next thought. Those who are uncomfortable with silence jump in to finish sentences and impose their own thoughts on others. Some people are desperate to hear their own voice, as if that sound is the only acknowledgement they ever receive.
Martin Farquhar Tupper said: "Well-timed silence hath more eloquence than speech." You will find that when you are comfortable with your own silence, and learn to listen quietly to your own thoughts, you will become a better communicator with others…”
Continue reading at
Source: The Billable Hour, October 2006
Posted by Patrick Lamb: “I am reading two things at the same time, and they prompt this question. Do mobile communications devices primarily enhance or impede work/life balance? That was the question that Korn/Ferry asked business executives. The answer, reported in Law Firm Inc. was that 77% say the devices enhance balance, while 18% say the devices impede the balance. I have not seen data on how lawyers answer this question, but anecdotally, I hear many complain about always having to be "on-call" for their clients.
Anyway, at the same time I am glancing through Law Firm Inc., I am reading an article from LawPartnering.com about lawyers partnering with clients. The former GC of Olin Corporation says that partners (lawyers and their partner clients) "are connected 24/7 by the use of technology" and calls are returned "within minutes."
So what's the right answer to the work/life question? Law is a service business. If you don't want confront the demands created by being in a service business, then find something else to do. But having said that, these mobile devices allow one to be hiking in the mountains but still accessible for a critical call, as happened to me this summer. Neither my wife nor my kids would have preferred that I be stuck in my office. My partner Kirk Hartley routinely handles important calls while being a soccer dad, something he would not be able to do if he couldn't take the call away from the office. Those who complain about having their "off hours" interrupted really are conceding that they would not have been accessible in the first place. Those who put clients in second place are going to find out that they don't have to worry about the problem any more. Those like my friend Dan Hull who live 24/7 for clients will find their client focus richly rewarded.”
Read more from Patrick at
Source: In Search of Perfect Client Service, 17 October 2006
Posted by Grant Griffiths: “Treonauts has a post today called, Treo Family Comparison Chart: Understanding the Differences.
It is a great source to compare the features of each of the Treos. If you are considering the purchase of this wonderful tool to stay "Connected", I would encourage you to use the chart.”
For the link to the chart, go to
Source: Home Office Lawyer, 24 October 2006
Posted by Mitch Jackson: “First, it’s important to care about reaching a settlement, but not that much.
Second, I’ve learned over the years that deals seldom get worse after you walk away from the bargaining table.
Trial attorneys know that if the other side isn’t ready to do the right thing, we’ll take them to court and make sure a jury holds them accountable. And this single, powerful fact, once clearly understood by the other side, is the best negotiation tool available.
For more great posts, visit Mitch’s blog site at
Source: MyTrialBlog.com, 19 October 2006
In the news: “When working with electronically stored data in e-discovery, "making a copy" should mean: "We'll create a forensically sound, authenticated image of the evidence media, identical in the smallest detail." In practice, it often means: "We'll duplicate some parts of the evidence and change other parts to substitute misleading information while we irreparably alter the original." Computer forensics and EDD special master Craig Ball considers a question: If we can't copy a file by "copying" it, what do we do?”
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Source: Law.Com's Daily Legal Newswire. 25 October 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Mighell: “Let's face it, we can all do better on setting our passwords. At a recent meeting of techies like me, I discovered that none of us had very difficult passwords, preferring instead the passwords that are easy to remember. Maybe it's just because we don't want to have to think up new passwords.
Enter SafePasswd. This easy-to-use password generator will create a rock-solid password for you, up to 512 characters! You can specify how many characters you'd prefer, and the types of characters you want in your password. It's a great random password generator.”
For the active link, go to
Source: Inter Alia, 24 October 2006
Posted by Anthony Cerminaro: "Identity theft is not only a growing problem for consumers across the country, but it is clearly a growing danger for the unwary employer as well."
So states John Emerson in this excellent article from Nexsen Pruet. Attorney Emerson offers these suggestions for reducing the risk of liability related to the theft of employee personal information:
"First, employers should carefully consider how much information is actually required for each employee...
Second, employers should ensure that sensitive information is stored in well-secured files with limited access...Files containing personal data should not be stored on a central network accessible by all employees.
Third, employers should take simple though often overlooked steps such as locking file cabinets, deleting social security numbers from personal files...and ensuring that fax machines and mail depositories are in secure locations.
Fourth, employers should conduct training sessions...
Finally, in addition to the self-imposed changes employers can implement to improve information security, employers should know that, under Federal Trade Commission Regulation, consumer information that is contained in or derived from a consumer report must be disposed of in a very specific manner..."
Found via the Employment Law Information Network newsletter.”
Active links are available at t the source site listed below.
Source: BizzBangBuzz, 19 October 2006
Posted by Bonnie Shucha: “According to the October ABA Site-tation, the ABA is now selling iPods preloaded with CLE content.
Video iPods for the Business Law and Labor and Employment Law Editions include video CLE programs. iPod nanos include audio CLE programs in Litigation, Antitrust Law, Estate Planning, Health Law and Real Property Editions. ABA-CLE also offers audio downloads in MP3 format and a free monthly ABA-CLE Podcast series.
I think that this is a great idea for someone who likes the idea of CLE via an iPod but either lacks the time or know-how to upload the content. And if they like it enough, chances are that they will figure out how to upload more.”
The active links are available at the source site listed below.
Source: WisBlawg, 23 October 2006
Whether you travel a lot on business or are just planning a fall getaway to enjoy the foliage, be sure to read “Travel Tips - The Internet is Key” at I Heart Tech 20 October 2006.
Posted by Nathan Burke: “You know, Seth Godin is unique in that his writing makes me feel excited, inspired, hopeful, as well as depressed, amateurish, and boring at the same time. It’s because he’s THAT good. In fact, you know that moment when you read something and say “That’s EXACTLY what I was thinking! Why didn’t I write that…” or better, “I never thought of it that way, but it makes total sense now!” And in that moment, when you’re nodding your head while reading…….That’s what should be called the “Godin Nod.” Which would be defined as:
Godin Nod- Involuntary head movement that denotes a moment of clarity as a direct result of reading anything by Seth Godin.
His latest post is entitled “Nobody Knows Anything“, and in it, he really breaks down the idea of marketing to the most basic level. And it could be a little scary to those of us in the marketing professions!
Rather than throwing in my two cents about his idea that “There are two kinds of marketing analysis, both pretty useless”, I’m telling you: go read his post.
You need to read this.”
For the active links, go to
Source: Lawfirmblogging.com, 23 October 2006
Posted By Tom Kane: “Often, I like to drop by (actually, I have an RSS feed) Tom Antion’s Great Public Speaking blog to grab an idea or two on speechifying. He always has good advice, and his post of a couple weeks ago on how to close a speech I found helpful, and thought I'd pass it along. His suggestions:
• First of all, Tom advises that it is the “worst mistake” to speak too long (and I would add it is better to stop without covering all your material – much of which won’t be remembered anyway – than run beyond your allotted time and “annoy” your audience),
• Your closing should be well-planned, and as prepared as other parts of your speech.
• Consider using humor in your speech (but one needs to be careful here, especially in the closing, because it could backfire on you),
• Involve your audience (ask them to do something during your talk, and at the end, emphasize an action item for them to take away from the talk), and
• Just make sure to have a powerful closing (so the audience feels good about having spent the time listening to you).
Now, the gadget. Thanks to Barbara Walter Price at BWPrice’s Marketing U blog, I learned about a terrific tool to aid in making presentations. Check out her post about Interlinks Electronics and their Remote Point Presenter VP4300. Features include:
• 900 MHz RF presentation remote and USB receiver; up to 100-foot range
• USB receiver with 32 MB storage for presentation files
• Receiver plugs into any USB-enabled computer (so you can leave your own laptop at home)
• Intuitive controls, thumb controlled mouse, laser pointer, trigger control
• Special effects software
There is a cheaper model, the Remote Point Global Presenter VP4350 ($169 vs. $199 at Interlink), without all the bells and whistles. They also have cheaper models, but I really like the features of the VP4300. And you can get them cheaper at Amazon (click VP4300 or VP4350) and TigerDirect (VP4300 or VP4350).
See if this neat gadget wouldn't help dazzle your audience (in addition to your terrific speech of course, especially the great closing).”
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 18 October 2006
From the site: “I’m still getting caught up on posting notes from previous seminars. At the Southern Trial Lawyers Fall Retreat, Richard Jones a lawyer from Atlanta who specializes in inadequate security cases gave us an update on these cases which have become immeasurably harder to try in the age of ‘tort reform’.
The problem you have to contend with in inadequate security cases is that the management had actual knowledge of criminal activity on their premsies and did nothing. However, regardless of policy management never makes reports of any criminal complaints in the area. So what do you do?
Beat the bushes. Go up and down the hallways and talk to the people. Talk to the people pre-suit. You have permission to be there (from client/tenant). Get the police reports for the apartment complex. Talk to the police officers. Talk to the victims. But it’s important to get out there fast before the witnesses move away or otherwise disappear.
And if any of those witnesses saw any criminal activity. All you need to do is ask one question. “Did you tell the manager?”
If you do a thorough investigation, you can show actual knowledge. After filing suit, you can get their policy and procedures and then you can find out what they did.
But actual knowledge of ongoing criminal activity is the definition of Foreseeable. The next step is to show that management made a conscience decision to do nothing. If you can put these two together, you get way past the ‘criminal did it’.”
For the active link, go to
Source: Trial Lawyer Resource Center, 20 October 2006
From the site: “Weeks ago, Congress removed a provision in a military bill that would have allowed chaplains to offer prayer at mandatory non-denominational events. Christian conservatives in Congress are expected to renew their fight to allow military chaplains to pray in the name of Jesus at public events, citing First Amendment rights. Join Law.com bloggers and co-hosts J.Craig Williams and Bob Ambrogi as they discuss the spirited topic on Coast to Coast with three lively expert guests: Charles L. "Chip" Babcock, one of the top 1st amendment lawyers in the country from Jackson Walker LLP, David W. New, Esq., popular speaker for religious freedom issues, the Constitution and the First Amendment and contributor to Faith & Action and Eliot Mincberg, Vice President, General Counsel and Legal Director of People For the American Way Foundation. Don’t miss it!
Click the play button (or choose another way to listen).
>>Play in Windows Media Player
>>Download the MP3
The active links are available at the source site listed below.
Source: The Legal Talk Network, 18 October 2006 (Scroll down)
In the news: “The spiraling costs and taxing effort of e-mail review and analysis can cause temples to throb in law firms, with many spending over $1 million a month to make or break a case. Scott Oliver, a trial attorney and partner at Pooley and Oliver, found a cure for the e-discovery migraine in an e-mail intelligence platform. Not only does it lower costs significantly, it frees up staff to focus energy on the case itself. Sounds much better than aspirin by the fistful, doesn't it?”
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Source: Law.Com's Daily Legal Newswire. 23 October 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Genie Tyburski: “ According to a survey conducted by JupiterResearch, "44 percent of businesses with 250 employees or more allow workers to download Mozilla Corp.'s open-source browser [Firefox] at the office." Nonetheless, Internet Explorer continues to dominate the corporate market.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 24 October 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct06/24oct06.xml
Posted by Sue Altmeyer: “The Federal District Court, Northern District of Ohio has issued a revised Electronic Filing Policy and Procedures Manual, effective Nov. 1, 2006. The manual now states that attorneys are required to file electronically, absent a showing of good cause. Provisions concerning system requirements and payment of fees have been changed. See our prior post Modification to Federal Local Rules, which discusses amendments to the civil and criminal rules mandating electronic filing, unless good cause is shown.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 20 October 2006
Posted by Tim Reid: “Catherine Sanders Reach, Director of the ABA Legal Technology Research Center reports that the 2006 Legal Technology Survey Report is now available for purchase. According to Reach, the survey is available as a five volume print set or as individual volumes, covering: Law Office Technology, Mobile Lawyers, Online Research, Litigation and Courtroom Technology, and Web and Communication Technology. Each volume begins with a Trend Report, followed by charts and tables. The Trend Reports, which summarize each volume and provides comparative analysis from previous years' surveys, are free to ABA members as PDF downloads. An Executive Summary that combines the five Trend Reports is available as a PDF download.
The survey is, in my opinion, an extremely valuable tool for law firms of all sizes to compare and contrast themselves with the technology benchmarks in the profession. Firms should use this comprehensive tool to help in their technology planning and budgeting. Gone are the days that firms of any size can lag in their technology.”
Active links are available at the source site listed below.
Source: Reid My Blog, 22 August 2006
Ron Friedmann posts: “Law Firm, Inc. has published the 2006 AmLaw Tech Survey (11th Annual). What do we make of the findings?
“The technology chiefs of the Am Law 200 firms who responded report that they are tackling a bevy of new projects that update old concerns and applications – integration and security, to name two – rather than attempting more radical changes.” My anecdotal experience as a legal technology consultant supports the idea that infrastructure upgrades are front and center. But I also see quite a few firms going well beyond the basics.
One example is Foley & Lardner, which the article reports has a custom-built extranet with 400 client sites. From my own prior blog entries come many other examples: