I am leaving this afternoon to enjoy 12 great games of the Ohio high school basketball tournament. The next day my daughter and I are heading on down to sunny Charleston, South Carolina to run the annual Cooper River Bridge Race. I plan to return on April 3rd.
Posted by Anthony Cerminaro: “The longer I live, the more I realize the impact of attitude on life. Attitude to me is more important than facts. It is more important than the past, than education, than money, than circumstances, than failures, than success, than what other people think, say or do. It is more important than appearance, gift, or skill. It will make or break a company…a church…a home.
The remarkable thing is we have a choice every day regarding the attitude we will embrace for that day. We cannot change our past… The only thing we can do is play on the string we have, and that is our attitude.
I am convinced that life is 10% what happens to me and 90% how I react to it. And so it is with you… we are in charge of our attitudes.
---Charles Swindoll
Hat tip to The Positivity Blog”
The active link is available at the source site listed below.
Source: BizzBangBuzz, 13 March 2007
Posted by Allison Shields: “Ever wonder what your clients are thinking? Here's one lawyer's experience as a client questioning a bill from a law firm:
The client and a colleague hired a law firm for some guidance on a business issue. A request was made by email to cap the fee at no more than X dollars (about 6 hours of time at the lawyer's hourly rate). The cap request was put in a written email, but no response was ever received to the request. There was no written retainer because there was already an existing relationship with the law firm.
The client received the bill, which was double the amount specified in the cap. In addition, the bill included a 2 hour phone call which appeared to be an error. The bill also reflected a 4 hour charge for some follow up which the lawyer suggested to the client. The client had responded, "Sure, go ahead and let us know what you think." However, when the lawyer went ahead with the work, he never said that the extra time would exceed the cap that the client requested. Moreover, from the client's perspective, the extra 4 hour task did not accomplish what was requested. In fact, when the client received the follow up, the client assumed that she hadn't been charged for it because it didn't look as if any work had been done on it.
The client went on to relate that the organization didn't have much money, and the extra money that was billed by the lawyer could have been used to hire one or two summer interns. Finally, in reviewing the bill, the client realized that an initial payment to the attorney had not been credited to the bill.
The client asks, "What is the best way to approach this attorney so as to elicit a positive response?" She goes on to say that if the attorney had told her at the time that the extra work would exceed the cap, she would have told the attorney not to go forward with the extra work. But then she second-guessed herself, saying that with the application of the original payment and the reduction for the 2 hour call that didn't occur, the work would fall within the cap, so perhaps she shouldn't discuss the bill with the attorney other than to ensure those two corrections - even though she still couldn't tell what work was performed to justify some of the charges.
As far as advice to the client goes, the client is entitled to know what services were received in exchange for your payment. If the attorney did some research on the client's behalf as a result of an issue or question that arose, the client is entitled to be told what steps were taken and what the outcome was. And the client is certainly entitled to question the attorney about the charges. And it goes without saying that it would have been better for the client had the client gotten a written fee agreement (yes, I did say that this particular client was also an attorney - everyone makes mistakes).
But since my real focus is helping attorneys become more effective and more profitable, I'd like to focus back on the lawyer in this story. I think this is a great lesson for attorneys about what it feels like to be on the other side of the table. Clients want to know what they're paying for and what the result is. Many clients will have the same kind of agonizing second guessing that this client did - about both your bill and your services. While both may be clear to you, if they aren't clear to your clients, you're setting yourself up for trouble.
If you were in the attorney's position, would you want your client to feel the way this client did? Would a client that feels the way this client did be a 'raving fan' of your services? Would they wholeheartedly refer you to someone else? Wouldn't it be much better for the attorney if the client didn't feel that way? Wouldn't it be better if the client were comfortable with *both* the fee paid *and* the services that were provided in exchange for the fee? Both the attorney and the client should feel like they're getting a good deal, or the relationship isn't what it could be.
Some of the mistakes, such as the failure to apply the previous payment and the incorrect charge for the telephone call, may seem 'minor' to some. But these oversights call into question the attorney's bookkeeping and record keeping. If the attorney isn't keeping track of the payments the clients are making or ensuring that the clients are being charged correctly, what other things is the attorney forgetting or overlooking? (And in the context of an engagement totaling only approximately 6 hours, a 2 hour phone call would not only be memorable, but should have raised some questions upon review of the bill.) In short this kind of "mistake," kills trust and credibility with the client.
Here a few things the attorney could have done a lot better here:
1. Made sure that the fee agreement was crystal clear to both sides;
2. Discussed the scope of the work to be performed for that fee;
3. Gotten both of the above in writing;
4. Specifically confirmed with the client the additional work that was going to be performed, and estimated the fee that would be charged for that work, getting agreement from the client if that fee were to exceed the 'cap' (if the cap was part of the original agreement) -- and put it in writing;
5. Had a system that was reliable and kept track of client payments;
6. Itemized the bill to ensure the client understood the services rendered;
7. Provided the client with the work product that was generated (at least a letter describing the outcome of the additional work);
8. Reviewed the bill for accuracy before sending it out.
Failing to do any one of these things is damaging to the attorney's relationship with the client. The combination is likely to be deadly.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 20 March 2007
Posted by Ron Miller: “Every day, I speak to insurance claims adjusters on the phone attempting to resolve personal injury cases. It is dangerous to try to put people with complex goals and motives into simple boxes. But let's do it anyway.
There are three categories of insurance adjusters: (1) "It is not my money, I just want to get this file off my desk one way or another and keep my job"; (2) "It is not the insurance companies' money, it is my money. Moreover, all claimants are liars and I'm dying to litigate these cases over the phone with you in an effort to repeatedly underscore my view of personal injury victims generally;" and (3) "I know my job is important, I am competent, and I evaluate cases fairly on a case-by-case basis. I'm not paying more on a case than I think it is worth but I'm also not afraid to pay it what it is worth." Luckily, most adjusters fall into category one or three.
The Category 2 adjusters are pretty difficult to have a meaningful conversation with because they are so dogmatic in their thinking that is generally limited to Colossus and its brethren. But I think it is very important to fully hear out Category 1 and Category 3 adjusters. An insurance adjuster is a human being (save your jokes) like everyone else and wants not only to articulate their position but also to feel like the lawyer on the other end of the conversation is listening to them. The human psychology is to just shut them down because, subconsciously, attorneys think that the more the adjuster is able to articulate that hurts our case the more closed minded the adjuster will be. But just the opposite is true. Respect begets respect and you more likely to reach common ground with the perception that you fully considered all sides of the story in making your arguments.
A few more random thoughts on negotiating with insurance adjusters, in no particular order:
1. The Adjuster Is Not Your High School Girlfriend:
2. Send a Copy of Your Discovery and Complaint with Your Demand Package:
3. Filing Suit Is Not a Declaration of War:
4. Save the "I'm a Lawyer" nonsense: This is the great way to alienate an adjuster. It is also obnoxious.
5. Meet the Adjusters:”
Read the full text of this informative post at the source site listed below.
Source: Trial Lawyer Resource Center, 20 March 2007
Posted by Chuck Kallendorf: “Federal Appellate Rule 32.1 is now in effect, allowing attorneys to cite “unreported cases” done in 2007 and beyond. Prior to Jan. 1st., the local rules still control.
All federal courts of appeal permit citation to their unpublished opinions in related cases to show res judicata, law of case, and the like. But before 2007, federal appeal courts differed on the extent to which they would allow unreported opinions in cases that were not related. The Fourth, Eighth, and Federal Circuit courts “discouraged” them; and the Second, Seventh, and Ninth disallowed them altogether.
The situation here, on the larger scale, was foreseen by Robert Timothy Reagan of the Federal Judicial Center, who compiled an overview report on each jurisdiction’s position on unreported cases prior to 2007. It’s available here.”
The active link is available at the source site listed below.
Source: Cincinnati Law Library Blog, 20 March 2007
Posted by Robert J. Ambrogi: “It is a great headline, says Michael Fox at the blog Jottings by an Employer's Lawyer. Not mine above but one that appeared recently in the Dallas Business Journal warning, Labor Lawyers See Gray Storm Gathering. The article reported that labor lawyers see a perfect storm brewing for age-discrimination claims, fueled by the clash of economic reality and legal reality. The components:
• Baby boomers aged 42 to 60 make up the largest group in the workplace, with 77 million men and women in the United States.
• As baby boomers climb the corporate ladder, they become more expensive to employ.
• As employers look at ways to keep costs down, they'll look at reducing their biggest expense: people.
The story lacks much in the way of substance, says labor-lawyer Fox. But that, he concludes, "doesn't mean there is not a lot of truth to it." One thing for sure, he adds: "It is a great headline."
The active links are available at the source site listed below.
Source: Law.com Blog Network, 20 March 2007
Posted by John Jantsch: “David Allen's mega best selling book, Getting Things Done, has spawned an entire industry of productivity products, but in a recent interview I conducted on the Duct Tape Marketing podcast he shares his vision and beliefs about goal setting and productivity.
His straightforward philosophy for managing the work and mental stress of juggling all the information we must juggle makes you realize that it's not about some tool or planner, it's about what you choose to focus on - the Getting Things Done mindset.
Small business owners have a serious drag on their mental RAM all day long. Getting Things Done is as much about reducing stress as it is about checking things off your list.
Merlin Mann's 43 Folders, one of my favorites, has visited the Getting Things Done topic over the years too.”
The active links are available at the source site listed below.
Source: Duct Tape Marketing, 19 March 2007
From the site: “About 98% of all claims never make it to the courtroom. So the means by which they are settled can take many forms of alternate dispute resolution. Join us on this program with our very special guest, Attorney Tom Rutter, CEO of ADR Options in Philadelphia. He is a lawyer who has practiced law for over 40 years and specializes in complex cases of alternate dispute resolution. Listen as Ringler Radio host, Larry Cohen and his co-host, Ross Duncan, both of whom are from Ringler Associates and experienced experts in structured settlements walk through this discussion of negotiation, mediation and arbitration - one of the fastest growing fields of law.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: Legal Talk Network, 20 March 2007
Posted by Sabrina Pacifici:
• “Iraq: Tribal Structure, Social, and Political Activities, March 15, 2007
• Iraq: Post-Saddam Governance and Security -- Updated, March 12, 2007
• The Budget for Fiscal Year 2008, March 12, 2007
• The Whistleblower Protection Act: An Overview, March 12, 2007
• Iran's Nuclear Program: Recent Developments, Updated March 8, 2007
• Largest Mergers and Acquisitions by Corporations, 2006 - March 8, 2007
• Project BioShield: Appropriations, Acquisitions, and Policy Implementation Issues for Congress, March 8, 2007
• The Supreme Court Takes Five Environmental Cases for Its 2006-2007 Term, March 8, 2007
• Climate Change: The Role of the U.S. Agriculture Sector, March 6, 2007
• Election Reform: Issues and Legislative Proposals in the 109th Congress, Updated, February 28, 2007
• Tracking Current Federal Legislation and Regulations: A Guide to Resources, February 28, 2007
• U.S.-World Merchandise Trade Data: 1948-2006
• Congressional Oversight of Intelligence: Current Structure and Alternatives -- Updated, February 15, 2007
• The National Biodefense Analysis and Countermeasures Center: Issues for Congress -- Updated, February 15, 2007
• FY2008 Budget Documents: Internet Access and GPO Availability, Feburary 13, 2007
• Conventional Warheads for Long-Range Ballistic Missiles: Background and Issues for Congress -- Updated, February 9, 2007
• The Federal Food Safety System: A Primer, February 7, 2007”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 1 March 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Al Nye: “Guy Kawasaki over at How To Change The World, recently posted about a great article by Stanford psychologist Carol Dweck called The Effort Effect.
She’s the author of a recent book: Mindset: The New Psychology of Success.
Money quote:
“Through more than three decades of systematic research, she has been figuring out answers to why some people achieve their potential while equally talented others don’t—why some become Muhammad Ali and others Mike Tyson. The key, she found, isn’t ability; it’s whether you look at ability as something inherent that needs to be demonstrated or as something that can be developed.”
If you’re a parent, manage people in any capacity, or merely want to make huge strides in performance, I urge you to give it a read.”
The active links are available at the source site listed below.
Source: Al Nye The Lawyer Guy, 15 March 2007
Posted by Charles Perez: “I love my job!
I get to meet attorneys who have to perform “stand up” on a regular basis to an audience whose approval they seek with material that is about as exciting as a wet newspaper.
Tough crowds - boring topics. Yet still they show up for appearance after appearance before a captive group of poorly paid and sometimes angry critics - many of whom are striving to look interested in the schtick the attorney's hawking.
When I’m consulted to prepare a presentation for a first- time client I begin by stressing that we need to play to the lowest common denominator in our "audience". The facts need to “speak for themselves in short order"; it’s like telling a joke – if you have to explain it, you’ve lost any impact as well as the impression you were striving for.
Good litigators are where they are because they possess the gift of verbal presentation – they are storytellers by necessity. I create the graphic extension to their story, but I’m careful not to become the story. Their story must “flow” naturally – the graphic must “feel" like it “belongs to the story.”
Our company has the ability to create stunning visuals, flashy titles and mind-boggling animations. Our clients’ eyes beam at the simplest effect – like they’re watching “Star Wars” for the first time.
Luckily, common sense prevails as I reign in the cowboys and we simplify, simplify, simplify the message until we’re left with ”just the facts ma’am.”
Just because we can create it doesn’t mean it’s going to work; by this I mean it’s too easy to overwhelm the message with the medium. You don’t want your audience to be dazzled with the mechanics of the presentation and completely overlook the message.
So, let me offer a few basic pointers for you first-timers dealing with projected images:
Continue Reading...
The active links are available at the source site listed below.
Source: Trial Presentation Blog, 13 March 2007
Posted By Tom Kane: “Time, or lack thereof, is a common reason cited by lawyers for not undertaking business development activities. Most lawyers are busy, of course, but those who understand legal marketing know that you still have to find time to feed the pipeline. Otherwise, when you could use more work, you’ll find you’re scrambling to generate it. Not the best approach.
So, for those that really think they are too busy, and don’t currently have the time to develop business, I have a suggestion that might help. Get control of your e-mailing in order to free up time to call a client or referral source to catch up, invite to lunch or to pass on some free advice, or invite to a sporting or cultural event, or any number of other ways to enhance a business development relationship.
Easier said than done, you say? Well, maybe you should join E-mail Anonymous (I don’t have a clue whether such an organization really exists, YET), but I know there is a post on CNN.com that outlines the 12-steps recommended to cure e-mail addiction by Marsha Egan.
Take a look to see if the steps won’t help you get the e-mail monkey off your back, freeing up time that could be better spent developing business for your practice.
Special thanks to my friend Michelle Golden at Golden Practices for the link to the CNN post.”
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 19 March 2007
Posted by Genie Tyburski: “Legal investigator Mike Coffey comments on the danger of selling cheap background checks. Since he runs a legal investigations company, he presents a point of view independent researchers should heed.
As for consumers of criminal and other background checks, there is also a lesson. Relying on cheap information sources, which provide at best a superficial look at existing records, can get you into trouble.
RELATED: Pinching Pennies in a Background Check Might Cost You
The Virtual Chase, 24 August 2005
RELATED: Not All Criminal Records Checks Are Created Equal
The Virtual Chase, 2 March 2005”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 20 March 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=mar07/20mar07.xml
Posted by Robert Ambrogi: “Martindale-Hubbell's legal directory site Martindale.com today announced an interesting new feature -- top 10 law firm lists. They rank the top law firms in three categories: top 10 peer-review rated, which ranks the firms with the highest number of peer-review-rated lawyers; top 10 by activity, which ranks firms in different subject areas by he total number of federal cases during the past two years or total number of transactions; and top 10 by visibility, which ranks firms according to the number of times it has been searched during the past month.
Here are some of the current rankings:
The most-searched firm overall was Holland & Knight.
The most-searched IP firm was Fitzpatrick, Cella, Harper & Scinto.
The firm with the most peer-review-rated lawyers was Holland & Knight.
The firm with the most antitrust cases in the past two years was Cohen, Milstein, Hausfeld & Toll.
The firm that handled the most M&A transactions was Jones Day.
The top 10 lists are among several additions to the Martindale site. Another, called Activities Data, shows detailed information about a firm's litigation and M&A activity. You can see, for example, that Jones Day devoted 16 percent of its litigation activity to IP work, that it represented defendants 73 percent of the time, and that it handled transactions worth over $293 billion.”
The active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 19 March 2007
In the news: “With new Federal Rules of Civil Procedure e-discovery rules in place, some experts are estimating that litigants in 2007 will spend more than $2.4 billion on electronic discovery services, with no end in sight to the growth. Attorney Ann G. Fort discusses how the increasing costs of producing electronically stored information have the potential to bring less-resourced parties to their knees -- and how even larger corporate parties, fearing sanctions, are feeling the pinch of new financial burdens.”
Read full text
Source: Law.Com's Daily Legal Newswire. 20 March 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by genie Tyburski: “Wireless hotspots at airports, hotels, coffee shops and even communities present lucrative playgrounds to hackers. The lack of security makes it distressingly easy to steal anything residing on, or transmitted from, a connected computer. It also opens the door to malware and crimeware. To add insult to injury, "[m]ost laptops are configured to search for open wireless points and common wireless networks, whether or not the user is trying to get online."
What are some of the things you can do to protect your PC?
• Disable the auto-connect feature for wireless networking. Make a manual connection for each session. Windows XP users can disable the automatic connection feature by right-clicking on the wireless icon (in Network Connections or in the system tray) and selecting properties. Click the Wireless Networks tab. Under "preferred networks," remove any networks with common names, such as Netgear, D-Link or Linksys. If you have any recognized unique networks, click properties for each one, one at a time. Click the Connection tab, and then deselect the option for connecting when the network is within range.
• Turn off file-sharing when you work outside your secure home or company network. There are several different ways to do this depending on your operating system and network. If you are a Windows XP user on a home network, locate the drive you want to secure (through My Computer or Windows Explorer). Right-click and select "Sharing and security." Click through the message that begins, "If you understand the risk." Under Network sharing, uncheck the box labeled "Share this folder on the network." Next, locate the folder (under Documents and Settings) that is your user name. Right-click and select "Sharing and security." Under Local sharing and security, check the box to make the folder private.
• When you are connected outside of your secure home or company network don't do online banking or any activity where sensitive information, including your login and password may be transmitted.
• Keep your anti-virus, anti-spyware, firewall, browser and operating system up to date.
• Run a virus scan after disconnecting from a wireless hotspot.
RELATED: Expert's tips for safer surfing
L.A. Times, 16 March 2007”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 20 March 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=mar07/20mar07.xml
Posted by Tom Mighell: “I really, really want to like Twitter -- and I don't know why. It's a site that allows you to instantly update anyone on what you happen to be doing, right now. I'm sure that no one is really interested in knowing when I'm watching a basketball game or reading a book, but there sure are a lot of people using this tool, including John Edwards. Then I saw this article on Eight Ways Twitter is Used Professionally, and I sat up a bit straighter and took notice. Maybe I'll try to use this at ABA TECHSHOW, where I'll be the rest of this week -- it might be a good way to keep up with my friends at the conference.”
The active links are available at the source site listed below.
Source: Inter Alia, 20 March 2007
Posted by Allison Shields: “Unfortunately, sooner or later, most of us get caught with difficult clients. But there's no reason to get caught with the same kinds of difficult clients over and over, is there?
During a discussion this week about dealing with difficult clients, one lawyer related that she had clients who called her incessantly, leaving multiple messages on her machine after hours, even while acknowledging that they knew the lawyer wasn't in the office. These same clients would arrive at the lawyer's office unannounced and demand to be seen, regardless of the lawyer's other appointments or obligations.
Not surprisingly, the lawyer also said that these clients were 'usually' clients who hadn't paid anything up front or who had gotten a discounted rate. The lawyer ended her commentary by saying, "I charge the lowest fees in town."
We've all heard the saying that the definition of insanity is doing the same thing over and over and expecting a different result. From the account above, it sounds as if this lawyer is repeating the same mistakes and ending up with the same difficult clients over and over. If she wants things to change, what she needs to learn is not how to deal with difficult clients, but how to identify and avoid them.
Although some practice areas are more emotional than others, and some clients are more needy than others, there is no need for lawyers to put up with this kind of behavior. Here are some ways to avoid or eliminate the problem:
1. Establish guidelines and expectations with clients up front
2. Change the fee structure
The correlation between low-paying clients and poorly behaved clients is often overlooked.
3. Fire some clients
Far better to weed out these toxic individuals before they become clients.
4. Look in the mirror
If this lawyer is having the same experience over and over, something needs to change, and there's no reason for her clients to change if she doesn't take some action."
Read full text of this insightful post at the source site listed below.
Source: Legal Ease Blog, 16 March 2007
Mary Ellen Bates: “I know how wonderful voice mail is... I'm old enough to remember the days before answering machines. If you weren't home, well, the caller had to try back later. But it's gotten to the point where it's impossible to get a live human being on the phone.
I just listed a free desk on CraigsList. Got lots of responses. I called 10 people before I found someone who would answer the phone, so he got the desk.
I remember hearing that a business can set itself apart from its competitors by just answering the phone and responding to callers immediately. Now I see why.”
Source: Librarian of Fortune, 15 March 2007
Posted by Sabrina Pacifici:
• “Criminal Justice Resources: Criminal Justice Library Internships,
by Ken Strutin
• CongressLine by GalleryWatch.com: The Capitol of Newspapers, by
Paul Jenks
• The Goverment Domain: GovTrack and OpenCongress Go Beyond THOMAS,
by Peggy Garvin
• E-Discovery Update: Separating E-Discovery Myths from Realities, by Conrad J. Jacoby
• Deal or No Deal – Licensing and Acquiring Digital Resources - Deal Breaking License Clauses, by Kara Phillips
• Burney's Gadgets for Legal Pros - Reviews: Bluetooth Internet Phone and Taskbar Shuffle, by Brett Burney
• FOIA Facts: Suggestions For FOIA Amendments, by Scott A. Hodes
• A Cup of Creativi-tea: National Library Week, by Terri Wilson
• Commentary: Labor Protections and the Role of Card-Check Agreements, by Beth Wellington”
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 18 March 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Robert J. Ambrogi: “Every lawyer who uses Microsoft Word should take a few moments to read "Staying on Track with Track Changes," by legal bloggers and technology pros Tom Mighell and Dennis Kennedy, appearing in the current issue of Law Practice Today. As they point out, the "track changes" feature in Word is an enormously useful tool when lawyers are collaborating on a single document. But it amazes me how many lawyers fail to realize that this entire history of collaboration can end up being stored invisibly in the document as metadata.
Mighell and Kennedy review some of the more notable horror stories of how metadata can come back to haunt a document's author. But the point, as they explain, is that "such information could be potentially embarrassing, revealing, or compromising." Their article sets out the issues to be aware of in using the track-changes feature and then presents a round-up of Web sites for learning everything you ever wanted to know about it. They write:
"The ability to monitor the revisions made to the legal documents you create is critical, and the Track Changes feature is a terrific tool for that purpose. But because we are often dealing with our client's confidences when we draft these documents, it is crucial to not only understand how Track Changes works, but also how its misuse can result in the inadvertent disclosure of privileged or otherwise privileged information."
The bottom line, of course, is that what goes into a document as metadata should come out of that document before you send it as final.”
The active links are available at the source site listed below.
Source: Law.com Blog Network, 16 March 2007
In the news: “Is your firm in the market for a technology upgrade but uncertain what to buy? For consumer technology products, a shopper can find any number of online buying guides. But what about legal technology shoppers? As it turns out, guidance is just a mouse click away, provided you know where to click. Robert Ambrogi, a member of the advisory boards of both Law.com and Law Technology News, offers a quick tour of excellent Web sites and blogs covering the market for the latest legal tech.”
Read full text
Source: Law.Com's Daily Legal Newswire. 19 March 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “The Center for Information Technology and Dispute Resolution (CITDR) is dedicated to supporting and sustaining the development of information technology applications, institutional resources, and theoretical and applied knowledge in order to better understand and manage conflict. CITDR has created an online dispute resolution web portal at odr.info in order to explore the nature and origins of online conflict. This portal provides a frequently-updated news blog, an e-mail list for resolution professionals, a 51-page list of online dispute resolution (ODR) resources (in Word format), and other important tools. Researchers will appreciate the Uniform Domain Name Dispute Resolution Policy Database (UDRP-DB), and the section for working papers on online dispute resolution. The portal also provides links to ODR standards and practices, a list of ODR providers, and current ODR projects being developed on the Internet. The site is not searchable. [BWK]”
Source: “InSite.” Vol. 12, No. 14. 19 March 2007. Cornell University Law Library. To subscribe send the following request to: listproc@cornell.edu:
Subscribe InSITE-L [YourFirstName] [YourLastName]
Posted by Chuck Kallendorf: “The Columbus, Ohio-suburban city of Upper Arlington became the first city in Ohio, at least, not only to restrict where convicted sex offenders can live, but also work.
Provisions of Ordinance”
The active link is available at the source site listed below.
Source: Cincinnati Law Library Blog, 16 March 2007
Posted by Tom Mighell: “In the past I have talked about services like Mozy and Carbonite for backing up your personal information. I use Mozy, and I really love it. But what if you don't want to trust your (or someone else's) personal data to an online service? There are certainly legitimate concerns over what would happen if one of these companies either suffered a security breach or went out of business altogether.
That's where CrashPlan hopes to excel. CrashPlan allows you to back up your personal data to any computer -- another computer you own, another employee's laptop, your mom's computer -- any computer. The service is actually just software, so you don't have to pay a monthly fee -- just $20 (or $60 for the pro version)….”
The active links are available at the source site listed below.
Source: Inter Alia, 19 March 2007
Posted by Matt Steinke:
“Man Tells Cops Unicorn Caused Crash - No, He Didn't.
Leprechaun Warns Drivers to Slow Down
Have a happy and safe St. Patrick's Day!”
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 16 March 2007
Posted By Tom Kane : “Pamela (Pam) Slim at Escape from Cubicle Nation blog has an entertaining post about when her mother bought her a very nice, sharp knife after having had to use ten very dull ones on a previous visit. Pam goes on to relate how she started using the knife for everything, and wondered how she had “ever lived without it.”
That made her think about how small business owners should make their clients feel the same way about working with them. Moreover, she tells about the attributes of her insurance agent, and why she thinks he is so great. Because he:
• Cares about and is enthusiastic about his customers,
• Knows his stuff,
• Provides valuable information so she can decide, rather than his selling her expensive products, and
• Follows up promptly.
I got to thinking about how the same advice would apply to lawyers, particularly her five “How To’s” on keeping yourself sharp:
1. Choose the right business (the right practice area for lawyers), where your passion and enthusiasm will clearly be evident,
2. Be fiercely dedicated to learning (by keeping up with the changes in the law, as well as learning all about your clients’ businesses),
3. Keep asking “What would really help my customer (client)?,”
4. Avoid clients “you don’t enjoy working with”(boy, am I a believer in that), and
5. Check out your competition (to see what they are doing right and wrong with clients, as it will help improve your game).
Lawyers can learn a great deal from other professionals, and this advice might help some make sure they are the sharpest knife in their drawer (marketplace).”
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 16 March 2007
Posted by Tom Collins: “From toothpaste to automobiles to credit cards, marketing people understand the importance of getting young customers. If you don’t get them as first-time consumers, you will have to compete harder to switch them later. Of course, as young consumers, they don’t purchase the most expensive car models and they aren’t the most profitable credit card customers. The “consumer's value” increases over time as income and consumption increase.
This same model should apply to legal services but is seldom practiced. That is why I was so intrigued by a February article in The National Law Journal discussing one estate lawyer's “Tupperware” approach to building his clientele.
Massachusetts attorney James Haroutunian is building his practice by throwing “will-signing parties” where groups of young couples put the final touches on their wills. Harountunian explained that “convenience is number one.” The process streamlines the estate-planning process to one meeting. It lowers the cost per couple, making a proper will more affordable. This brings the young consumer of legal services into the marketplace earlier.
The article doesn’t mention it, but to me, the most important point is that Attorney Haroutunian is likely to retain these new consumers of legal services as their income and consumption increases with maturity and age.
The moral of the story is get them before they have developed loyalties to others and keep them as their needs and value as a client increase.”
Source: morepartnerincome.com, 16 March 2007
Posted by Carolyn Elefant: “The issue of retaining women in the legal profession is a recurring theme, one that we've posted about at Legal Blog Watch here and here. Today I've discovered a new project -- Ms. JD -- which endeavors to address the issue of women in the legal profession and "change the face of the legal profession.
According to its mission statement, Ms. JD was formed in response to the rates "at which women opt out of the legal profession," as well as the lack of representation of women in the upper echelons of the profession. To address these problems, Ms. JD will be an online community that provides a forum for dialogue and networking among women lawyers and aspiring lawyers. In addition:
Ms. JD seeks to improve the experiences of women in law school and the legal profession. Obstacles to equal participation hinder not only women in the law but also their colleagues, clients, children, and communities. Ms. JD consequently strives to give voice to why it matters that women continue to face these barriers. In doing so, Ms. JD spreads the word: women’s victories are everyone’s victories.
As one of its first events, Ms. JD is sponsoring a national conference at Yale Law School on March 31, 2007, on What does it mean to be Ms. JD? “
The active links are available at the source site listed below.
Source: Law.com blog Network, 15 March 2007
In the news: “The influence of technology on business and the law has wrought havoc on our legal system. Not only has the expansion of information available through online resources transformed the corporate practice of due diligence, but the explosion of data points to an even wider impact: The facts may no longer matter. Business lawyer Stanley P. Jaskiewicz suggests that e-lawyers must look past traditional standards and adjust their case preparation to accommodate this uncertainty.”
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Source: Law.Com's Daily Legal Newswire. 16 March 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “The drive to retain experienced staff in a robust job market has prompted an increasing number of law firms to create training programs run by in-house professionals for nonlawyer staff. Firms say they offer courses in management training, business writing, technology training and project management. "We want to maintain our good people, so we have to give them opportunities to grow," says Kevin McKeon, senior manager of Mintz Levin's professional development and nonlegal professional development.”
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Source: Law Librarian Update.16 March 2007. Copyright © 2006 ALM Properties, Inc. All rights reserved. Subscribe <librarianupdate@app.topica.com>.
Zotero 2.0
From the e-newsletter: “For those trying to complete any lengthy citations (or even brief ones), Zotero will be a most welcome find. The program works as a Firefox 2.0 extension which helps users collect, manage, and cite research sources. As it functions within the browser itself, visitors can automatically capture citation information from web pages, and users can also take notes along the way as they work. The program also comes with complete documentation and is compatible with all computers running on either Windows or Mac operating systems. [KMG]”
Source: The Scout Report. Volume 13, Number 10. 16 March 2007. Copyright © 2006 Internet Scout Project. Subscribe <http://scout.wisc.edu/About/subscribe.php>.
From the e-nesletter: “The reception on your new high-definition TV is fuzzy. Your bank lets you make a cash withdrawal with your ATM card, then slaps an overdraft fee on your next statement. The book you ordered off an Internet site never arrived. Shoddy goods or sloppy services should prompt complaints from consumers - and there are strategies they can adopt so that they complain effectively and improve their chances of getting problems resolved.
http://public.findlaw.com/pnews/news/ap/o/624/03-14-2007/6575003ab9a8ccf3.html
Consumer Action Handbook”
Source: FindLaw’s Public Advisor. 15 March 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “In August, Joe Pellegrini got yet another nagging phone call. It was his health coach, a woman working on behalf of his employer, the $2.7 billion lawn-care company, Scotts Miracle-Gro Co. The 48-year-old executive knew the spiel by heart. "Have you been to your doctor yet? When are you going?" Then the prescription: "You need to lose weight and you really, really need to lower your cholesterol."
http://www.msnbc.msn.com/id/17227335/
Source: FindLaw’s Practice Paper.14 March 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Genie Tyburski: “Lawyer-novelist Julie Hilden considers the reasons why Generation X and Y lawyers leave their firms. This opinion piece comes in response to the February 2007 California Lawyer cover story, entitled "Why Women Are Leaving Big Firms" (see link below).
SEE: Why Women Are Leaving Big Firms
California Lawyer, February 2007
("At the Conference on Work/Life Balance and Answers held last year in San Francisco, [Genevieve S.] Orta spoke on a panel of Gen X attorneys about her decision to flee her firm. She said she felt the firm was asking her to neglect her family, and that no amount of money was worth that.")”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 15 March 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=mar07/15mar07.xml
Posted By Tom Kane: “Cold calling and direct mail are two of the least effective forms of legal marketing in my view. Advertising comes in a close third. Since law firms are in the personal services business, it is vital that lawyers get personal, and that means developing relationships. In my mind, cold calling doesn’t work for the very reason that there is no prior relationship. I wouldn’t give a thought to doing business with a stock broker who calls from California (although one was persistent for awhile), nor to someone I don’t know who sends me a direct marketing piece, because we have no relationship.
Having said that, I must admit that others would argue that the “right” cold calling or direct mail campaign can work. In fact, a question was asked recently on the LawMarketing Listserv (free trial available) about the pros and cons of a direct mailing campaign; and several responded that it can work. One can argue that a focused message, for example one that offers something for free like a seminar or webinar could open a dialogue, and lead to the development of relationship; and ultimately lead to work. It certainly is possible.
My point is that if there weren’t quicker and faster ways to develop business, like focusing on current clients and referral sources who know you (and where anywhere from 67% to 80% of new work comes from), I’d say go for it. It’s just going to take a lot longer.
In my experience, concentrating on the easier, more effective business development techniques will produce results a lot sooner than cold calling or direct mail campaigns.
The active link is available at the source site listed below.
Source: The Legal Marketing blog.com, 14 March 2007
From the site: “With the invasion of Iraq and the adoption of a new constitution in Iraq, we have stepped into the arena of International Constitutional Law. In a post 9/11 world, we have also been introduced to the importance of Counter-terrorism. Today on Lawyer 2 Lawyer, we will explore International Constitutional Law, the countries involved, the many aspects, what the future holds for international countries and the importance of legal education. We will also take a look inside the world of counter-terrorism and the efforts taken by many to educate and secure the world. Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi get insight from two very interesting guests: Professor Amos N. Guiora professor of law at Case Western Reserve University School of Law and director of the Institute for Global Security Law and Policy and Dean Tom Zwart International Dean and LLM-Director at the Utrecht School of Law in the Netherlands. Don’t miss this show!
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, 14 March 2007
In the news: “Patent litigators are a must-have for firms, and they're willing to pay for them. Changing technology, consolidation of industries and the increasingly cross-border nature of IP battles are expanding the size and scope of patent cases. The median cost to take a patent case through trial increased from $2 million in 1995 to $5 million in 2005, according to the American Intellectual Property Law Association, which means that firms are missing a potential fee bonanza if they don't have enough lawyers on hand.”
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Source: Law.Com's Daily Legal Newswire. 15 March 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Sue Altmeyer: “These selected bills of interest can be viewed on the Ohio General Assembly's Search for Legislative Information.
SB 105: HOMESTEAD EXEMPTION: Extend homestead exemption to homeowners with incomes of fifty thousand or less.
SB 107: HYBRID VEHICLES: To create a tax credit for individuals who purchase a new hybrid vehicle.
SB 108: CRIMINAL OFFENSE-PUBLIC OFFICE HOLDER: Prohibit court granting release to person serving prison term for offense committed while holding office.
SB 109: CREDIT REPORT SECURITY FREEZE: Allow consumer to place security freeze on consumer's credit report
SB 111: GUARDIAN GRANDPARENTS: To provide housing for low-income grandparents who are guardians of a grandchild.
SB 115: DEPENDENT CHILDREN INSURANCE COVERAGE: health insurers to provide coverage of certain dependent children until age 30.
HB 104: LICENSE APPLICANTS -BACKGROUND CHECKS (CORE A): Require background checks for certain license applicants
HB 106: MEDICAID BUY-IN: Establish Medicaid Buy-In for Workers with Disabilities Program”
The active link is available at the source site listed below.
Source: Cleveland Law Library Weblog, 14 March 2007
From the blog: "Webcast: Discussing Digital Dashboards
A podcast (free, registration is required) from the Center for Digital Government.
This podcast will explain digital dashboards and highlight some examples from government and industry. It will also give practical guidelines on how to get started with your own dashboards and advice on how to avoid some common mistakes.
[Their] Source: CFDG
The active link is available at the source site listed below.
Source: ResourceShelf, 15 March 2007
Posted by Robert Ambrogi: “An upgrade to software is supposed to improve it, right? By the time a company upgrades to version 8, the bugs should pretty much be gone. Not so, reports J. Craig Williams at May it Please the Court, for the latest version of Time Matters time-and-billing software from LexisNexis. Over the weekend, Williams upgraded from version 7 to version 8. Yet on Monday, he reports, he still had the same problems he had Friday.
One of the most annoying glitches, Williams says, is that every time he opens a completed billing slip, the dollar amount drops to zero. "That's a bit of a problem for a law firm that sends invoices to its clients each month," he writes. "Even though our clients don't complain, it really has a disastrous effect on cash flow." And that is only one of several problems with the software.
"Despite Lexis's claims that the upgrade fixes the software's bugs, even the best of intentions go wrong -- things that worked in prior versions don't work in this new version. Ouch. Please, don't get me started -- there are a host of other problems, as well -- but too long a list for this post."
His several requests that the company fix the billing-interface bug have brought no results, Williams reports. Now, his patience has run out. Not only is he planning to switch software but he is encouraing others not to buy it "and generally start a boycott." Adds Williams: "I'm voting with my feet, and my blawg."
The active links are available at the source site listed below.
Source: Law.com Blog Network, 14 March 2007
Posted by StephanieWestAllen: “I am glad to see that more critical thinking is being applied to the question of lawyer unhappiness. I have long been skeptical about the widespread and dire conclusion that the lawyer sky is falling. Discussion is what is needed; it continues in the blogosphere.
Robert Ambrogi at Legal Blog Watch:
Are lawyers unhappy? From a scholarly perspective, one might think the question is right up there with, "Do dogs bite?" and "Is grass green?" But thanks to Jeffrey M. Lipshaw at Legal Profession Blog, we learn that legal scholars are examining the evidence -- and coming to different conclusions.
Lipshaw addresses the depression causation question (or, to maintain the poultry theme, the chicken and egg question):
As my wife, an MPH, advised this morning, there's no way you can tell . . . whether depression-inclined people self-select to be lawyers, or being a lawyer causes or exacerbates depression. Given depression's biochemical etiology, I'd be inclined to think the seeds are there to begin with, but we may never know.
(I am curious to know how depression - and satisfaction - statistics are gathered; self-reporting can be misleading.)
Lipshaw links to an article from Harvard Law Bulletin "describing the study "After the JD" that begins,
Lawyers are happier in their careers than is generally believed—in the first few years out of law school, anyway.
Adam Aronson criticizes that study in his comment to the Ambrogi post.
Lipshaw also mentions
John P. Heinz, Kathleen E. Hull, and Ava H. Harter, "Lawyers and their Discontents: Findings from a Survey of the Chicago Bar," 74 Indiana Law Journal 735 (1999), which found that lawyers were no unhappier than any other profession or job.
Much more discussion on the topic can be found in the comments to John Steele's post at Legal Ethics Forum.
That Chicago Bar study also is described in an Northwestern Law bulletin article "Professor's New Book Discovers Big Changes in Character of Legal Professionss." The article includes the happiness finding…”
Continue reading this interesting post and get the active links at the source site listed below.
Source: idealawg, 3 March 2007 [Via The Billable Hour]
Posted by Sabrina Pacifici: "The Judicial Conference of the United States today voted to ask Congress to create 67 new federal judgeships—15 for the courts of appeals and 52 for the district courts. Congress has not increased the number of appellate judges since it last enacted an omnibus judgeship bill in 1990. Since that time, the number of court of appeals judgeships has remained at 179, even though federal appellate court case filings have risen by 55 percent over the same 17-year time period."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 13 March 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Tom Collins: “The “plan” must be to change the “plan”! Strategic plans are based on assumptions, and assumptions are inaccurate temporary estimates about the future.
The inaccurate character of assumptions is why planning must be a continuous process. Through that continuous process of changing the plan as the future gets nearer, successful organizations are distinguished by doing the “right things”.
I often wondered why so many consultants to the legal community tend to discredit the value of strategic planning. Rob Millard’s post titled Why Committing to Success Leads to Failure sheds light on the reason. It is because too many law firm leaders they deal with see the “plan” as the end product. It isn’t. It is the planning process, not the plan that leads to success. Strategic planning is a way of thinking—strategic thinking. The plan must be to change the plan!
The need to continually change the plan is the reason that I emphasize that the tangible product of strategic planning, “the plan”, should consist of words, phrases, and sentences, not paragraphs, pages, and chapters. It is a living document that coordinates and shapes an organization’s actions and decisions and that is changed by those actions and decisions in reaction to an unfolding future. Taking a line from the Pirates of the Caribbean, “It is more of a guide than an actual code”.
Periodically, the organization must come together and revise the guiding product. They must come together to agree on revised assumptions about the future, to identify the changes in the opportunities available to the firm, and to adjust or reaffirm the law firm’s goals. They must agree on the key strategies the law firm will rely on to achieve those goals. Then they must set out the programs and responsibilities for implementing the tactics in support of the agreed upon strategies
Rob Millard wrote: “All too often, I find myself facing blank stares from clients [law firms] who want me to help them to only craft a plan that will lead them to greatness. This is only possible where the future is certain. Which, of course, it is not.” His point is clear. If you unwaveringly pursue a plan based on inaccurate assumptions, you will eventually implement the wrong strategy—you will successfully fail.
Rob Millard’s blog is The Adventure of Strategy. He is part of the Edge International consulting group. For more on this subject, you should also read my previous post, Strategic Planning Will Not Predict the Future, But It will Prepare the Law Firm for It, which referred to an earlier and also insightful post by Millard.
The active links are available at the source site listed below.
Source: morepartnerincome.com, 14 March 2007
In the news: “The past decade has seen an explosion in the use of mediation to resolve transnational business disputes. But too often, the crucial role played by cultural differences gets overlooked. Dewey Ballantine's Robert de By and George Mastoris provide some help in this tricky area. They describe how culture acts as a kind of "software of the mind," and how understanding a party's cultural approach to concepts such as "time orientation" and "uncertainty tolerance" can increase the odds of a successful mediation.”
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Source: Law.Com's Daily Legal Newswire. 14 March 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Jeff Beard: “My friend and colleague Brett Burney has an enthusiastic review of the new Microsoft Word 2007 improvements, with a definite eye for legal use. He does a great job of extolling its new features while linking to some very useful Microsoft resources, including the "Interactive: Word 2003 to Word 2007 command reference guide" and the "Microsoft Office Compatibility Pack". I have to say that I like what I've seen so far of Office 2007, and the ribbon interface is very compelling in its usability.
It's probably too soon to tell whether the new legal blackline and Document Inspector features are robust enough to warrant not using third party programs such as DeltaView and metadata scrubbers. For example, Microsoft's site states that when it comes to using Track Changes, one should keep two versions of the document -- a public copy for distribution, and another one for private use with track changes. Sounds pretty similar to what the legal market has been doing for some time. However, anything that makes it easier to manage these tasks and documents are welcome features.”
The active links are available at the source site listed below.
Source: LawTech Guru Blog by Jeff Beard, 11 March 2007