Posted by Tom Collins: “I frequently refer to David Maister’s Law Practice Business Model. After all, this morepartnerincome.com is dedicated to the financial side of the law firm. But I have always tried to explain that numbers are just the measure of our effectiveness and efficiency. Numbers don’t make things happen. They just measure them.
The very guy who gave us the Law Practice Business Model has the answer to what it takes to make those numbers happen. In fact, he named his blog after it-- Passion, People and Principles. Maister explained why success requires those three things (passion, people and principles) in his June 20, 2007 post, A Summation of What I’ve Learned:
If you have passion, an understanding of how people work but no fixed principles, then I think you are dangerous. You’ll seduce a lot of people to your side, but you’ll end up fooling them or betraying them. You’ll be an exploiter.
If you have passion and principles, but no understanding of how people work, you’ll also draw a lot of people to your side, but it will all come to naught. Without an understanding of people, you’ll never build an organization nor get clients and customers to trust you. You’ll be a firebrand.
If you have principles and an understanding of people, but no passion, you’ll be righteous but ineffective.”
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Source: morepartnerincome, 29 June 2007
Posted by Carolyn Elefant: “Imagine if your firm could boast that half of its partners were also published book authors. That dream may not be far off, if the Espresso Book Machine gains traction (hat tip to Dave Swanner of South Carolina Trial Law Blog). Though it appears that the book machine produces already published books in the public domain, there's no reason why it couldn't be used for self-publishing. How impressive to send a client home with a book that you've written.”
The active links are available at the source site listed below.
Source: Law.com Blog Network, 28 June 2007
Back Injuries and Treatments in the Workers Comp Setting
From the blog: “Workers’ Comp Matters, hosted by Attorney Alan S. Pierce, devotes this show to Back Injuries and Treatments in the Workers Comp Setting. Alan turns to the expert, Dr. Joseph Barr, Orthopedic Surgeon from Massachusetts General Hospital, specializing in spine surgery, to discuss this hot topic. And you won't want to miss 'Case of the Day,' as we put Dr. Barr to the test!
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: LegalTalkNetwork, 28 June 2007
This Week's Supreme Court Rulings and Wrap-up
From the blog: “A big week for the U.S. Supreme Court with five rulings involving free speech, religion and campaign finance. On Lawyer 2 Lawyer, we discuss them and look ahead to upcoming SUPCO action. Join co-hosts and Law.com bloggers J. Craig Williams and Robert Ambrogi with the experts: Tony Mauro, Supreme Court correspondent for Legal Times, American Lawyer Media, and Law.com and Amy Howe, Partner at Howe & Russell P.C in Washington D.C. and regular contributor to and editor of SCOTUSblog. 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: LegalTalkNetwork, 28 June 2007
Posted by Ron Friedmann: “I recently blogged about assessing the ROI of marketing investment in law firms. That posted generated a response distinguishing marketing and lead generation.
I posted Law Firm Marketing and Technology - Return on Investment (ROI to the College of Law Practice Management Blog. College Fellow and law firm business development expert Ann Lee Gibson posted a reply response with interesting observations.
I expressed surprise that marketing departments don’t track ROI. Gibson’s reply, More on Law Firm Marketing and ROI - It’s Really about Biz Dev raises good points. She discusses the difference between marketing and business development / lead generation; the money quote:
I’m just saying that the less interesting question to me is, “Why aren’t firms determining their marketing ROI?” and the more interesting question is, “Why aren’t firms actually developing cogent BD [business development] plans with specific and measurable objectives and devoting specific marketing resources (PR campaigns, bespoke seminars, conference appearances, private publications, publications in the legal and other trade presses, etc.) and specific BD resources (for getting-to-know-you visits and needs interviews and pitches and RFP responses) toward those plans, and commit to managing the plan throughout the entire year?”
The distinction between marketing and biz dev / lead generation is big. Law firm CIOs and IT directors need to understand the difference. Ideally, when marketers come knocking on your door, you would steer them toward BD, but that may be more than is possible from the IT side.”
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Source: Strategic Legal Technology, 28 June 2007
Posted by Kevin Newcomb: “In today's Link Love column, "7 Ways to Promote Your Content as Link Bait," Justilien Gaspard offers seven ways to promote a new site project for links and exposure. If your site is already established, these links can help raise your rankings.”
The active link is available at the source site listed below.
Source: Search Engine Watch, 28 June 2007
From the blog: “Domain names and trademarks are properties that share a common bond in a successfully marketed product. Once your marketing department, or whomever, selects a trademark to be registered, you should immediately move to grab onto the corresponding Domain Name. Availability of key phrases or words should even be a factor in selecting the trademark itself, because that mark is often the only thing that the consumer has when they log on to find your product.
But what happens when that trademark is unregistered, but the URL is already in use by a third party in good faith? Does it hold enough value to merit purchase? Is spending thousands of dollars for the rights to a few words in the address bar really worth it?
While your first instinct may suggest otherwise, it is important to realize the significance of the title that reads in your visitors' address bars when considering purchasing the registration. For your customers, the easiest way to find your product is with the internet, and unless it is easy to match a product with a website, you lose that advantage.
The truth is that everyday domain name titles often see higher traffic than unique or custom ones - and if you are hoping to take advantage of internet traffic, you should have a URL to help that happen. This is because it is easy for your customers to find and remember your site's familiar name in the mess that is the internet.
When it comes to making the decision to purchase the rights to a domain name, you can, in a way, consider it much like you would a decision to purchase a star endorsement. Yes, the endorsement will turn the heads of your customers, and it will make it easier to identify your product - but such attention will come at a cost. Star endorsements get very pricey - just like the price-tag of a popular domain name.
So what do Michael Jordan and Techlawyer.com have in common? It all comes down to their ability to be recognized and remembered. And if you want to tap into that advantage, oftentimes you will have to pay a price.”
The active link is available at the source site listed below.
Source: The Greatest American Lawyer, 17 June 2007
From an e-newsletter: “(FindLaw's Common Law Blog) The U.S. Supreme Court has ruled that schools may limit students' rights to free speech under the First Amendment when the student's expression could be interpreted as advocating drug use.
Read more...
Related Resources
• Read the Opinion: Morse v. Frederick”
Source: FindLaw’s Public Advisor. 28 June 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From an e-newsletter: “(FindLaw for the Public) No one anticipates that they or a loved one will be arrested, but it helps to be prepared in the event that it does happen. From arrest and bail, to trial and appeal, the "Stages of a Criminal Case" section of FindLaw for the Public's Criminal Law Center explains what to expect at each step of the criminal case process.
Read more...
Related Resources
• Browse the Criminal Law Center”
Source: FindLaw’s Public Advisor. 28 June 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Evan Schaeffer: “Books about trial practice (and weblogs too) give an unfair impression that trials are all about procedure and technique. Equally as important, but understandably omitted from many trial references, are discussions of the substantive law that applies to particular disputes.
Never neglect the law. In fact, start there. To prepare most effectively for trial, you must often think about it in reverse, jury instructions first. Your task at trial is not merely to adduce persuasive evidence for the judge and jury; instead, you must adduce persuasive, relevant evidence.
Especially in complex cases, the more you neglect the substantive law in your preparations, the more of a nightmare it will be to overcome your opponent's relevancy objections at trial to each varied bit of evidence. Know the law, however, you'll be prepared to explain to the judge how each particular fact fits into the larger (legal) whole.
You'll never regret a mastery of the substantive law. If lacking in your preparations, however, it will form a barrier to good trial work that no amount of procedural and technical skill will be able to overcome.
Related post: "Read Jury Instructions Early and Often."
The active link is available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 28 June 2007
Posted by Carolyn Elefant: “Mike Sherman of the relatively new blog Law for Profit posts on the easiest way to a million dollars. Drawing on the "ubiquitous" Seth Godin, Sherman writes that "it’s easier to make a million dollars selling a $10,000 service to 100 people than it is to make a one dollar profit selling to a million people." And Sherman argues that this principle should inform lawyers' pricing strategy. He writes:
I know a divorce lawyer who has been practicing 30 years (twice as long as I have) and whose technical skills are very well respected in his community. However, he takes the Wal Mart approach - low fees, high volume. I have often been opposite him in cases where, despite my having half his experience, I made literally two to three times the fee he did in the case. When he and I talk about this he essentially admits he is afraid to raise his fees. He thinks he will lose business. He doesn’t realize that would be a good thing (despite my repeatedly telling him so). He could double his fees and even if he lost half the volume (which he wouldn’t because of his reputation) he’d make more money, work less and be able to deliver a higher level of service to his clients. That’s a win all around.
I've seen this model recommended by consultants, and of course, it makes eminent sense. And yet, as lawyers are encouraged to move away from Wal-Mart volume practices, other industries are embracing them. For example, one major trend in the fashion industry, as described in this article, 'Sex and the City' star sells cheap chic, is "cheap chic," where famous celebrities like Sarah Jessica Parker, Madonna or even basketball superstar Stephon Marbury lend their names to bargain basement-priced attire and athletic shoes. Many of these products are carried by stores like Steve & Barry's or H&M, which sell bargain-priced fashion.
Wal-Mart has achieved its success because some people love bargains, but even more have no choice but to seek out bargains. In law, that's equally true: Some clients will always need the Wal-Mart version of legal services. I'm not saying that you have to be the lawyer who provides them, but if the legal profession doesn't offer some version of affordable legal service, the integrity of our entire system suffers. At the same time, because there's a demand for cheap legal service, it seems that there ought to be a way to fill that niche and still profit. Wal-Mart is doing it, as is the fashion industry. Will lawyers find a way to do the same?”
The active links are available at the source site listed below.
Source: Law.com Blog Network, 27 June 2007
Posted by Allison Shields: “This afternoon I was having lunch with a group of attorneys and the discussion turned to the number of potential clients that lawyers turn away. That led one lawyer in the group to comment that, in her practice, her most important list is the list of lawyers that she refers business to. She didn't say the most important list was her list of clients, former clients or the list of referral sources. Instead, she considered the list of those to whom she referred business to be the most important list in her practice.
This lawyer recognizes that she can't - and shouldn't - be all things to all people. She's secure in her practice and her niche. She isn't caught in the deathly mindset that she has to take every client that walks in the door. And she's gone one important step further: instead of just turning potential business away, she's acting as a resource by referring that potential client to another lawyer that's more suited to the client's needs.
Although some lawyers are afraid to turn away business, particularly business that's related to their main area of practice, this lawyer knows that establishing good relationships with other practitioners makes good business sense in a number of ways. Not only does it make it more likely that other practitioners will refer business to her, but it allows her to focus her time and energy on the core of her practice - the cases, the issues, and clients that she works best with.
Referring work to other attorneys allows the lawyer to build a relationship with clients that she can't or doesn't want to work with, rather than just turning them away. If and when these clients (or someone in their circles) have a matter that is within her core practice area, they're likely to remember her and come back to her. Finally, she doesn't run the risk of alienating potential clients by handling a matter she isn't well-suited for.
I also happen to know that this lawyer uses her 'refer to' attorneys as strategic alliances, where appropriate. Sometimes she'll collaborate with the other lawyer (with full knowledge of the client, of course), rather than referring out the whole matter. In this way, she stays in contact with the client and builds an even stronger relationship with the other practitioner…”
Continue reading this interesting post at the source site listed below.
Source: Legal Ease Blog, 27 June 2007
In the news: “Corporate HR and legal departments have been busy the past few years implementing procedures to comply with strict new laws governing executive compensation. The Treasury Department and the IRS recently issued final regulations on the deferred compensation law known as 409A. Companies have until the end of 2007 to amend their plans to be exempt from or comply with this law. Chadbourne & Parke partner Marjorie Glover provides a list of what companies need to know about 409A and how to comply with its rules.”
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Source: Law.Com's Daily Legal Newswire. 28 June 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “(ZANTAZ) - One of the more significant recent amendments to the Federal Rules of Civil Procedure creates a new "Safe Harbor" provision which, generally speaking, will preclude a court from imposing sanctions against a party for the destruction of electronically stored information if such destruction occurred pursuant to the "routine" operation of an electronic storage system. This operation must occur in good faith - but what exactly does that mean?
Read more...
Related Resources
• FindLaw's E-Discovery Rule Wizard”
Source: FindLaw’s Tools of the Trade. June 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the blog: “Don’t Blame Me: It’s the Phone’s Fault! Many Internet and Cell Phone Users Find Devices and Applications Too Complicated or Hardly Worth the Trouble
Pew Internet’s typology of information and communications technology users tell us a lot about how far along we are — or aren’t — in the “information society.”
+ Don’t Blame Me: It’s the Phone’s Fault!
[Their] Source: Pew Internet & American Life Project”
The active links are available at the source site listed below.
Source: ResourceShelf, 28 June 2007
Posted by Sabrina Pacifici: “The Third Branch: "Continuing its efforts to enhance the transparency of courtroom proceedings, the federal Judiciary is about to launch a pilot project to make digital audio recordings publicly available online. Five pilot project participants—three bankruptcy courts and two district courts—will integrate their recording and Case Management/ Electronic Case Files (CM/ECF) systems to make audio files available later this summer on the Internet, the same way written files have long been available."
• Pilot Project Courts; U.S. District Court for the District of Nebraska; U.S. District Court for the Eastern District of Pennsylvania; U.S. Bankruptcy Court for the District of Maine; U.S. Bankruptcy Court for the Northern District of Alabama; U.S. Bankruptcy Court for the Eastern District of North Carolina
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 27 June 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Genie Tyburski: “Spock, a search engine still in private beta, is receiving a lot of attention in the search engine literature. According to this writer, it "is one of the best vertical semantic search engines built so far."
Spock promises results only pertaining to people. Consequently, if your query is, president of the united states, the hits returned comprise links to people (as illustrated in the article). The search engine also "learns" from user-generated tags to improve findability - something we mentioned in the last issue.
RELATED: Improving Findability with User-Generated Tags
TVC Alert Research News, 26 June 2007”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 28 June 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=jun07/28jun07.xml
Posted by Larry Bodine: “In this bleak world of self-service checkout at grocery stores, indifferent and awful service from United and American airlines, and unintelligible, overseas help desks from computer companies -- there is a bright spot: Zappos Shoes. Everyone, including law firms, should market like Zappos.com
I heard about them by word of mouth -- the best advertising there is. A friend told my wife that the company had every shoe you could want, and offered overnight shipping for purchases and returns. It was hard to believe, but I went online and ordered two pairs of shoes. The next day they arrived and I was impressed. Law firms should be so good serving their clients.
Over the next 20 days I discovered that one pair of shoes was uncomfortable. So I called the toll free number, cringing as I asked what their return policy was. A cheerful man who actually spoke English said he would be delighted to refund or exchange them. I was floored. "That's what we're here for," he said.
He happily helped me pick out a replacement pair of shoes. While we were on the phone he emailed me a free return label for the old shoes. Shipping was free, there was no restocking fee and he credited me $30 for the cheaper replacements. Like a man who once was lost but now was found, I told him he was amazing.
"We like to think of ourselves as a service company that sells shoes," he said.
I will always buy shoes from Zappos.com. I will tell everyone I know about how great Zappos.com is. The company had taken a generic product -- shoes -- and distinguished itself with outstanding customer service. Smart law firms will do the same with their clients.”
The active link is available at the source site listed below.
Source: Larry Bodine Law Marketing Blog, 27 June 2007
In the news: “Since the area of online marketing -- which includes Web sites and blogs -- doesn't respect geography, out-of-state firms would be well-advised to comply with New York state's recently passed ethics in advertising rules, according to Assistant Executive Director of the Philadelphia Bar Association Paul Kazaras. Because strict new rules in states such as New York have yet to be fully defined by the courts, firms that have an office or expect to work in those states should attempt to comply early, he said.”
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Source: Law.Com's Daily Legal Newswire. 27 June 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Collins: “I love it when someone finally says, “The Emperor has No Clothes!”
In this case, the emperor is the preponderance of law firm consultants on the speaking circuits of legal community conferences. The frequent refrain is that it takes three to five years before graduate level hires become profitable associates. I admit that I sometimes defer to those arguments, which are based on “cash basis" accounting and "full absorption" cost allocation. The full absorption approach is sound in the long term, but for midrange law firms with existing space and capacity to support new hires, it is often invalid when one views the impact of new hires over the immediate next three- to five-year period. As for the cash accounting aspect, new associates can be a drain on cash during the period they are filling their pipeline with uncollected fees. Adding too many too fast can get a law firm into trouble. However, I might add that the fact that law firms have almost a half year of uncollected fees (unbilled or billed but uncollected) is at the heart of that problem. It doesn’t have to be that way.
John Iezzi, CPA is the author of Results-Oriented Financial Management: A Guide to Law Firm Financial Performance, published by the American Bar Association. He knows of what he speaks when he says the emperor has no clothes. Writing in Law Office Management & Administration Report published by IOMA, he refutes their claims that associates are unprofitable in their initial years. He notes that it is “absolutely ludicrous to think that law firms cannot profit from even the newest associate, assuming the management process occurs properly.” He then proceeds to back up his statements with tables and examples.
If you need to counter the “New Associates are Unprofitable” argument in your law firm, you might want to contact John Iezzi at jgiezzi@iexxigroup.com.
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Source: morepartnerincome, 27 June 2007
From the blog: “The Governor has signed SB117, that will formally change the way cable TV companies contract within the state. Specifically, it is designed to create a franchising system for "video service" providers under the Ohio Director of Commerce (DOC). Designed to achieve uniformity state-wide, the bill rests all authority to grant Video Service Authorizations to the DOC. Click here for a bill summary and analysis. Click here for the text of the bill, as formally enrolled as an Act, as well as links to all documents related to the bill from the Ohio Legislative Service Commission.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 26 June 2007
Posted by Robert Ambrogi: “When a former law clerk to 3rd U.S. Circuit Court of Appeals Judge Dolores Sloviter writes a novel that her publisher promises "breaks the code of silence surrounding the clerkship ... and boldly takes us into the mysterious world of the third branch of the U.S. government," lawyers' ears perk up. The novel, Chambermaid, by Saira Rao, is now shipping, and James Grimmelmann at PrawfsBlawg says, I'm Sorry I Read It:
"The book is an abomination, one of the worst novels I have ever read, both artistically and morally. The affected style, which runs the gamut from 'cutesy' to 'bench memo,' would be forgivable if the substance weren’t so dreadful."
Grimmelmann calls the narrator "a raving narcissist" and offers examples of her shallowness drawn from her own words, such as this: "I was suddenly intrigued. A real-life lesbian! And she was my coclerk. I would actually have a lesbian friend! [My sister] had recently convinced me that lesbians were more fabulous than gay men."
Others had kinder words for the book. At Above the Law, David Lat says he "thoroughly enjoyed" it. Legal Antics writes: "It really is hysterical! I highly recommend it." And in the New York Law Journal, reporter Thomas Adcock describes the book as "witty" and "suffused with humor." (Adcock is himself the award-winning author of several novels.)
Rao, meanwhile, is doing the Q&A circuit. Earlier this month, she spoke with Peter Lattman at Law Blog, who asked her how much of the novel was based on personal experience. Her reply:
"While informed by personal observations, this is a novel, this is fiction. If I wrote a memoir it would be pretty damn boring. I clerked in the Third Circuit, the novel is based in the Third Circuit. People can draw their own conclusions."
Brett McKay also interviews Rao at his blog, The Frugal Law Student. He asks her that all-important law student question, "How much debt did you incur while in law school?" Her answer:
"I did take out loans to pay for half of law school. But I was also deeply lucky to have parents who paid for the other half."
She has yet to pay off that debt, she confides, but the second novel she is already at work on may help.”
The active links are available at the source site listed below.
Source: Law.com Blog Network, 26 June 2007
By Sabrina Pacifici:
“** Shanghai Express: Donating and Shipping Law Books Overseas
Kara Phillips was recently a visiting scholar at Shanghai Jiaotong University (SJTU) Law School in China. This article describes the project she undertook to collect and ship 300 English-language law books to the SJTU Law Library, as well as her experience as a law librarian in China.
** Better Connections with Clients
Wells H. Anderson provides practical examples of solutions to improve phone calls with clients using remote access and online meeting services, recommending what to look for and why these services are so effective.
** Competitive Intelligence - A Selective Resource Guide, Updated
Sabrina I. Pacifici's revised pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a "best of list" of applications, products, services and links from government, academic, corporate institutions, the media and publishers.
** 60 Gadgets in 60 Minutes
Barbara Fullerton, Brian Neale and Holly Pinto's presentation includes gadgets to use on the job, while telecommuting, traveling, and for presentations and training. The gadget gurus also highlight the latest and greatest in digital video, cell phones, and a selection of practical and fun gizmos.
** An Overview of Selected Legal Digital Libraries
George Butterfield and Kristyn Helge review ten major legal digital research portals, assessing, comparing and contrasting their major characteristics and providing guidance on using each one.
** CongressLine by GalleryWatch.com - Parties and Partisanship
Paul Jenks comments on the role of party organization, power and politics in Congress.
** E-Discovery Update: Finding the Line Between E-Discovery Expert and Fact Witness Testimony
Conrad J. Jacoby discusses specifics of why counsel should carefully consider the type of electronic evidence they believe will be important to develop their case and whether expert testimony will be required to admit these materials into evidence.
** The Tao of Law Librarianship - Keeping Up With Social Networking Tools
Connie Crosby gives us an insider's view on a collection of Web 2.0 tools that librarians are using to connect, communicate, and stay on top of new developments.
** Commentary: Is a J.D. Necessary for Law Librarians?
George Butterfield examines this question within the context of policies that impact law librarians working in academic, government and law firm law libraries, as well as within the context of the respective responsibilities of these professionals.
** Burney's Legal Tech Reviews - Gadgets for Legal Pros: Tom Bihn Brain Cell Laptop Accessories and Compact Power Strips for Travel
Brett Burney reviews a laptop sleeve that is stylishly smart and practical from top to bottom, and suggests a solution for gadget laden travelers who are constantly confronted with insufficient outlets in hotel rooms.
** After Hours: Summer Snacks and Reading
Kathy Biehl touts the newest offerings from Newman's Own Organics, recommends a eclectic collection of essays on enjoying wine, and reminds us about the second annual New York City Canine Cruise. One of last year's participants, Kathy's nephdog, won the Milkbone "Make You and Your Dog Famous" Contest.
** FOIA Facts: Two Steps Forward, (At Least) One Step Back
Scott A. Hodes highlights the status of FOIA legislation in Congress as well as recent White House imposed hurdles to public access to government documents.
** Commentary on the Clean Water Protection Act
Beth Wellington explains why this legislation is supported by a range of public interest groups and individuals.
** LLRX Court Rules, Forms, and Dockets: the unique, free searchable database, maintained and continually updated by Margaret Berkland.”
Source: An email newsletter from Sabrina Pacifici, 25 June 2007. < spacific@earthlink.net>
Posted by Tom Mighell: “Forbes is making an interesting (and logical) use of the wiki format at its Corporate Organizational Chart Wiki. It features organizational charts of major companies, that you can edit too. Anyone can add information or correct data that's already there.”
The active links are available at the source site listed below.
Source: Inter Alia, 26 June 2007
Posted by Genie Tyburski: “PC World provides detailed reviews of 4 worthwhile search engines you may not know about - Mahalo, Clusty, Kartoo and Kooltorch.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 26 June 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=jun07/26jun07.xml
Posted by Jim Calloway: “When I was at the Nebraska Bar Association Solo & Small Firm Conference last week, I did a "60 Sites" presentation for their luncheon. The site SorryGottaGo.com got such a huge laugh that I decided to feature it as a Website of the Week here. I'm not going to explain what it features. Sorry, but you gotta go there to see.
The folks at the Nebraska Bar were great hosts and a great audience. This was their initial solo and small firm conference and it was a great start for them. The solo and small firm conference movement continues to grow as a greatly appreciated bar service for these members.”
The active links are available at the source site listed below.
Source: Jim Calloway’s Law Practice Tips Blog, 20 June 2007
Posted By Tom Kane: “In a word: Yes, if it is more than two names.
In my experience there are a couple of things that seem to run true in the Name Dept:
• No matter how long the name, people on the street (and other lawyers) only refer to the firm by the first name or at most the first two,
• Only in the case of firms that have a name like Smith, Jones, Ego, Ego, Ego & Ego, P.A. does even the receptionist answer the telephone with more than Smith Jones.
• The smaller the firm the longer the name it seems, for example:
• Ziffren, Brittenham, Branca, Fischer, Gilbert-Lurie, Stiffelman, & Cook, LLP (18 partners/3 associates/1 of counsel)
• Krupnick Campbell Malone Buser Slama Hancock Liberman and McKee (15 partners/3 associates)
And then you have:
• Skadden (1900-plus lawyers)(although their web site says “Skadden,” in fairness their legal name is still Skadden, Arps, Slate, Meagher & Flom LLP),
• Dechert LLP (1000-plus)
• Venable LLP (520-plus)
• Etc.
What brought the issue to mind was an article on New York Lawyer.com (free registration required) last Friday that reported that Mayer Brown Rowe & Maw is shortening its name to Mayer Brown. Although the article indicates that this is a new trend, in fact it has been going on for many years.
Moreover, my intention is certainly not to be critical of firms with long names. My only point is that from a legal marketing and business development standpoint, it is more important to have a memorable, short name that clients (and certainly prospects and referrals sources) can say without embarrassing themselves when asked. I actually spoke to a client of a law firm with a long name who told me the name of his lawyer, but COULDN’T for the life of him remember the name of law firm he was with. No joke.
It is a difficult issue I know, particularly when a named partner is still alive and coming to the office regularly. That was the situation in two of my firms when I was in-house (one went from 6 to two names, the other from four to two). For marketing purposes, it just made sense. That isn’t to say it will be an easy transition to a shorter name, but in my opinion it is something your firm should consider seriously, if it hasn’t shortened it already.”
The active links are available at the source site listed below.
Source: The Law Marketing Blog.com, 25 June 2007
In the news: “At last week's LegalTech West Coast 2007 event, a clear message could be discerned from the vendor briefings, showroom exhibits and continuing legal education sessions: Be litigation-ready. The new electronic discovery rules demand that companies and law firms be prepared for litigation and have the capabilities to search data stores in myriad formats from tape to disk to disc, so they can respond quickly to discovery requests and protect privileged information from disclosure.”
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Source: Law.Com's Daily Legal Newswire. 26 June 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Wayne Schiess: “Improving your writing
By Wayne Schiess (Originally appeared in Austin Lawyer, June 2007)
You know you shouldn't stop working on your writing just because you're out of law school. Legal writing is like any skill or any substantive topic: there is always more to learn and there is always room for improvement. But you're busy. Do you have time to work on your writing?
I say you do, and here are two suggestions: You can improve with modest efforts at study and practice.
Study
You must study the principles of good writing, and you must keep studying consistently. But how, when you're busy?
Set a goal to read one book on writing every year. One per year. You can do that, right? There are a lot of good books on legal writing out there, but here are three I like:
• Kimble, Lifting the Fog of Legalese
• Stark, Writing to Win: The Legal Writer
• Goldstein & Lieberman, The Lawyer's Guide to Writing Well
Then get a writing guide and keep it by your computer. Garner's The Redbook is the best guide for legal writing, but you might also use the Chicago Manual of Style or another general writing guide. The idea is to have a handy reference to answer questions: Do I need to capitalize this word? How do I use the dash? Am I using this word correctly? And so on. Plus you inevitably increase your overall writing IQ whenever you serendipitously stumble upon an interesting entry.
Now put some legal writing into your CLE. Okay, so maybe you're a strong writer and maybe the course is nothing but review for you. Still, how can that hurt? We all need refreshers, and there's a good chance you'll learn something new, something that will make you a better writer.
Practice
You're reading, you're consulting references, and you're taking some legal-writing CLE. You're becoming an informed critic of legal writing. Now practice what you are learning.
Train yourself to be a ruthless editor of your own work. Although you may not have time for this on every project, on at least some projects, make time for a thorough and careful editing and revising process. See how good you can make it. You'll learn a lot from that.
Experiment with things you are learning. Try new techniques; develop mastery of new approaches to writing.
Now here's the hardest part: Seek and welcome critiques and candid suggestions for improving your writing. It's tough, though, because it's natural to be defensive and protective of your writing. I know I am. But when I avoid critiques, I don't improve as much. So be open to critiques. And try get the critiques from someone knowledgeable-someone who has read the sources on good writing.
Good luck.”
Source: Legalwriting.net, 25 June 2007
Posted by Arnie Herz: “Most observers would agree that it makes sound business sense for law firms to establish strong and enduring relationships with the lawyers they hire and the clients they serve. But, what happens when one of these relationships is forged at the other’s expense? This is the scenario Gerry Riskin alludes to in a recent post titled “Genius” minus “empathy” equals “stupidity."
In it, Riskin cites the fallout that occurs when General Counsel are left out of the conversation about rising associate salaries in the law firms they use. He also directs us to a related post on Demand Destruction in which Patrick Lamb reports on GC’s negative responses to survey questions about law firm associate pay. While the survey results can be framed in terms of economic forces and market impact, Lamb astutely points out that law firms making such unilateral salary decisions “are putting their client relationships at risk”
And, so, firms are faced with competing -- instead of symbiotic -- business relationships.
On the one hand, they need to attract and retain top talent. Money, although not the only draw, still woos the best and brightest through a firm’s front door (whether it keeps them there is another story). On the other hand, a growing league of clients doesn’t want to foot the bill for law firm associate recruitment and retention initiatives.
It’s a conundrum.
Clients like the GC survey respondents have the choice to opt out and establish relationships with other (perhaps, smaller) firms or with alternative service providers like Axiom Legal. Beyond cutting back on lawyer pay increases and partner profits, law firms might do some relationship damage control by following Riskin’s advice to directly and candidly communicate with clients about associate compensation and other important issues.
Postscript: I finished writing this post late last night. This morning, law.com features a story about Sun Microsystem’s decision to reduce the number of law firms it uses as outside counsel. Although the company wouldn’t discuss the basis for its cuts, its General Counsel did share that Sun’s business interest in cost-cutting is at odds with the law firm “race to meet New York associate salary standards."
The active links are available at the source site listed below.
Source: legal sanity, 21 June 2007
From the blog: “Economics in the courtroom and in a settlement can be very different from what we think of in terms of economics. Join Ringler Radio host, Larry Cohen with special guest Dr. John Scarbrough, who is president of Litigation Analytics, Inc. He has a PhD in economics, over 25 years' of experience in analyzing economic loss in the matters of personal injury and wrongful death and he has recently joined Ringler Associates. You'll hear about the concept of human capital and the ten myths of forensic economics.
>>Play in Windows Media Player
>>Download the MP3”
The active links are available at the source site listed below.
Source: LegalTalkNetwork, 25 June 2007
Posted by Kevin O’Keefe: “Listening is more important than talking when getting ready to engage in a discussion. It's no different when getting ready to blog.
Amy Gahran has an excellent post on what to do before you start blogging. Here's a bulleted summary of Amy's post:
• Leaping into blogging cold is a mistake.
• Before doing anything, figure out which groups you wish to engage in a public conversation.
• Figure out where those groups already spend time online.
• Search blog search engines like Technorati, Google Blog Search and IceRocket to find blogs that are already succeeding in attracting attention from your core communities.
• Explore other types of online media -- bulletin boards, e-mail lists, wikis, virtual environments (such as Second Life), and citizen media sites (such as YourHub.com) to find good matches.
• Web sites of local or regional mainstream media also can be useful to watch if they allow comments and foster public discussion in your core communities.
• Create a short list (just 3-5 blogs or other sites) that you should start reading on a regular basis.
• Follow their existing conversations.
• Participate in existing discussions. Take the time to leave comments on blog posts or forum threads, and respond to others' comments, always being positive and helpful.
• Don’t be ‘salesy.’ That is, don’t blatantly pump your business or agenda. When you join the public conversation, your guiding motive should always be: ‘What value can I offer this community?’ Abject self-promotion almost always backfires.
Blogging is a conversation. Blogging is not publishing a website. When entering into a conversation, do the right thing. Listen first.”
The active link is available at the source site listed below.
Source: Real Lawyers Have Blogs, 24 June 2007
Posted by Justin Patton: “Two of the most respected technology experts within the UK legal sector are about to release their Internet Newsletter for Lawyers namely that of Delia Venables and Nick Holmes.
It includes:
1. David Flint of Scottish firm MacRoberts looks at web 2.0 sites and how "social networking" actually works. He considers Second Life from a legal viewpoint and describes some of the legal issues which are being raised by these sites. The "life" may be imaginary, but the legal issues are real!
2. Domain names are part of the infrastructure of the internet and we use them all the time. Tim Brown gives a basic tutorial on how it all works. He also looks at current issues, including how the new top level domains like .pro, .mobi and .eu are going, and also covers the future Telephone Number Mapping which will enable you to "dial" a website.
3. Many law firms advertise online, but Divorce-Online is now integrating online marketing with TV advertising and online video marketing. They have prepared a video advert for YouTube, Google and Yahoo; video clips can be loaded onto video sharing websites for free although preparing the advert, as well as the TV advertising, can prove expensive.
There is much more than this and if you want to stay updated on technology issues this is essential reading.”
The active links are available at the source site listed below.
Source: Human Law, 25 June 2007
Posted by Ron Miller: “The more cases I try and the more I read about trial strategy techniques and tactics, the more I realize trying cases is an art and not a science. Because two smart effective trial lawyers can take very different approaches in trying a case.
From the time I was sitting in trial advocacy in law school, I have always heard and applied the theory of taking the sting out of your client's cross examination by introducing in direct testimony harmful facts that you knew were going to come up in cross examination. The theory is that exposing the flaws in your own case scores credibility points with the jury and that you can frame your weaknessess better by getting out your own version of the story first. In their book Sponsorship Strategy: Evidentiary Tactics for Winning Jury Trials, Robert Klonoff and Paul Colby disagree. Their premise is that contrary to conventional wisdom, lawyers should not bring out the weaknesses in their own cases but instead elicit only favorable evidence for their case. Their theory is that you actually lose credibility by bring up your own weaknesses and that the cross examining lawyer often looks petty and nitpicking by bring up much of what you felt compelled to get out the sting of in your direct.
I disagree. But I think the theory is interesting, particularly as it applies to monies paid to expert witnesses. I think it is helpful to read theories about trial tactics with which you disagree as well as those things you might apply because it gets you thinking creatively about what you are doing as a lawyer when you are trying a case. This process makes you a better lawyer.
Sample direct examination outlines and sample direct testimony questions and other sample trial materials are available at the Personal Injury Help Center which has outlines and sample direct examinations of personal injury plaintiffs and expert witnesses.”
The active links are available at the source site listed below.
Source: Trial Lawyer Resource Center, 21 June 2007
Posted by Evan Schaeffer: “As Raymond Ward points out, Charles Halton's "Top 10 Impediments to Beautiful Academic Writing" could apply just as well to legal writing.
Consider some of these impediments--
• Jargon
• Endless, rambling writing
• Being boring
• Not using section headings
• Failing to write regularly
• Failing to improve your writing
You'll find some engaging commentary in the two linked posts. Be sure to take a look. (Links originally from a list of sources complied by Celia C. Elwell, a paralegal in Oklahoma City.)
Related post: "Legal Writing: Is Shorter Really Better?"
The active links are available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 21 June 2007
Posted by Robert J. Ambrogi: “At Counsel to Counsel blog, Stephen Seckler points to two pieces -- one recent, one older -- that address an often vexing question for job seekers: What to do when you don't have a reference, either because you've had only one job or because you've left a job on unfavorable terms?
The first situation -- where the job seeker's current employer is his or her first -- is addressed this week by legal recruiter Ann Israel in her New York Law Journal column, Advice for the Lawlorn. Israel's advice turns on whether a recruiter is involved.
"If so, the recruiter should explain to the prospective employer that you will be more than happy to give references as soon as an offer has been extended, accepted and you have given notice. That is normal procedure and how 99.9 percent of the law firms operate."
If no recruiter is involved, the job seeker should directly ask the same of the firm. Rarely, a firm will say that it cannot extend an offer until it checks references, Israel says, but this is "utter nonsense." Still, a candidate can always dig deeper for references -- law school professors and internship supervisors, for example.
The second situation -- where one has been fired from a job or quit on shaky terms -- was addressed in an August 2006 CareerJournal.com column by Dana Mattioli. First off, writes Mattioli, don't assume that your firing necessarily means you can't get a good reference. "It isn't unusual for managers to put in a good word for employees whom they have dismissed." Second, contact former bosses and use them as references. Third, find other managers from within your former workplace who may be sympathetic to your situation and solicit references from them. Fourth, use former clients or vendors as references. Last, verify your former employment through the HR department, not through your former boss, lest the former boss say something negative.
As Ann Israel sums it up: "Not to worry -- every problem has a solution."
The active links are available at the source site listed below.
Source: Law.com Blog Network, 22 June 2007
Posted by Cindy Chick: “I've always suspected that my lazy streak is the basis for my technology skills. If I have the choice, I'd rather spend an hour figuring out how to automate a repetitive task, than spend an hour DOING the repetitive task. I guess I just like problem solving.
There are some good and valid reasons for being lazy. If you start a system that requires a great deal of labor and maintenance, there's an excellent chance that somewhere down the line, the system that you worked so hard on will be abandoned due to lack of staffing. I've worked in law firms long enough to see that happen a few times...and I hear stories...
So when it comes to KM I'll admit I like automated solutions whenever possible. Along those lines, if you're considering collecting expertise/experience information, you might want to consider some of the sources OTHER THAN YOUR ATTORNEYS, for such information like the ones discussed by on KM Space You may not get everything you want this way, but you certainly can collect some valuable information on the kind of work your attorneys do. If you have Recommind, as does MOFO, you're in good shape to leverage these data sources into a useful resource.
I'd also like to extend this kind of approach to work product. There are many third-party research services that collect documents that are public records, such as court filings and SEC documents. If you can search by law firm, and often you can, these services can provide you with a way to search an admittedly limited body of documents. It's not everything, not even close, but if you have no other internal way of finding these documents, it's a quick and easy way to go.”
The active link is available at the source site listed below.
Source: LawLibTech, 14 June 2007
In the news: “As big law firms struggle to retain women lawyers and boost them into leadership roles, they're losing many to contract positions, smaller firms, in-house jobs, government posts and legal aid careers that women lawyers say give them more control over their work and personal lives. For instance, last year Mae O'Malley created Paragon Legal Group, which has 20 lawyers, 90 percent of them women. "We allow them to continue to practice with challenging assignments on a much more flexible basis," O'Malley says.”
Read full text
Source: Law.Com's Daily Legal Newswire. 25 June 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: “On March 16, 2007, Ontario-based Menu Foods recalled more than 60 million cans and pouches of pet food that it marketed under a variety of brand names. Many pets across the States became ill or even died. Join Law.com blogggers and co-hosts, J. Craig Williams and Bob Ambrogi as they discuss the pet food recall, the lawsuits and class actions filed against the distributor, product liability and property damage and the significance of pets in our society. Lawyer 2 Lawyer welcomes Attorney Jay Edelson, partner at the firm Blim & Edelson LLC out of Chicago, who filed one of the first class actions involving the contaminated pet food crisis and Attorney Bruce Wagman, partner with the firm Schiff Hardin LLP in San Francisco and Chief Outside Litigation Counsel of the Animal Legal Defense Fund. 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 LegalTalkNetwork, 21 June 2007
Posted by Matt Steinke:
“Judge says Canadian man cannot have a girlfriend for 3 years
New York City pays $29,000 for arresting topless woman
Charges dropped against woman who made faces at police dog
Woman loses in court after losing lottery
Feces Parking Ticket Proves Costly”
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 22 June 2007
Posted by Tom Mighell: “I've been using a Firefox extension called Customize Google for a couple of weeks now, and it does some pretty nifty things. Although it helps to customize lots of Google sites, it has more features for the search engine than anything else. Once you install it, your search results will have a few extra links -- at the top, there are links to try your search in other search engines (based on this feature alone, I'm surprised Google hasn't tried to squash this extension), and after each result there are links that allow you to Filter your search by that particular site, or click through to the Internet Archive to see this history for that page. The extension also lets you remove all advertising from your search results (which is the other reason why Google shouldn't like this extension).
You've got to be using the Firefox browser to try this extension, but it's definitely an interesting tool.”
The active links are available at the source site listed below.
Source: Inter Alia, 25 June 2007
There are 24 continuing legal education courses such as Estate Planning: Tax and Probate Reform; Ethics, Professionalism and Substance Abuse; QDRO and Present Value Primer: Including Neville Social Security Issues; and Nursing Home Litigation now available through your television, if you are a Time Warner Cable customer with digital cable in the Kent State University On Demand service area. Alliance, Canton and Massillon are included in the On Demand service area. Cost for a 3 credit CLE course is currently $80 plus a $3.99 Time Warner service fee. The Ohio Supreme Court has approved the programs for self-study credit. Registration for the courses is through Kent State University, but C E Verifier is the provider/sponsor of the programs.
Additional information is available at the On Demand web site:
http://www.kentstateondemand.tv/.
Posted by Tom Collins: “I’m not much of a golfer, but I bought a new driver. It’s bigger and I already had Callaway's Big Bertha! My oldest grandson (10 years old) bought a new racket for the tennis camp he is attending. It is bigger than his old one, which was already large, with a greater sweet spot than the initial Prince Racket that my generation thought was revolutionary.
My point is simple: people changed these sports simply by asking why not and the rules moved along with the changes. I’m still hoping that someone will have the foresight and fortitude to save millions of marriages by reinventing the game of golf to 14 holes versus the present 18. Nine is too short but 18 creates golf widows and no one is sure how long they will continue to put up with it. So as not to get in trouble, let me add that there are golf widowers as well.
My point is a simple one. It relates to the “Tyranny of the OR” and the “Blue Ocean Strategy”. Why not change the game? What do the clients that come to your law firm really want? Documents that they can’t understand? Long-delayed delivery results while you or your team is pulled in multiple directions? Hours or days before their phone calls are retuned? A relationship where the cost, timeline, and result are unknown? I could go on with my list, but you get the idea.
We didn’t have to play the game with the same regulation golf clubs or tennis rackets of our parents. Someone understood what we wanted and they changed the game. You can also, with a little imagination and courage to take a different path.”
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Source: morepartnerincome, 22 June 2007
Posted by Genie Tyburski: “The Sixth Circuit ruled on Monday that e-mail provided by services, such as Hotmail and Gmail, deserves the same level of protection as a phone call. Consequently, law enforcement must obtain a warrant before it can search or seize such communications.
There is no information in the story about the government's plans to appeal. But an appeal seems likely.
SEE: Warshak v. U.S.
6th Circuit Court of Appeals, No. 06-4092, 18 June 2007
RELATED: The Legal Rulings in Warshak v. United States
The Volokh Conspiracy, 21 June 2007
(‘The Warshak opinion announces five or six novel and far-reaching propositions of law, and I think it's important for us to start with an understanding of what those rulings are before we get to whether the court had a solid basis or announcing them.’)”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 22 June 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=jun07/22jun07.xml
From an e-newsletter: “(FindLaw's Common Law Blog) On Monday, a unanimous U.S. Supreme Court ruled that a passenger in a vehicle enjoys constitutional protections from unreasonable searches and seizures, and may challenge the constitutionality of a traffic stop under the Fourth Amendment.
Read more...
Related Resources
• Your Rights: Search and Seizure
• Traffic Stops and Vehicle Searches”
Source: FindLaw’s Public Advisor. 21 June 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.