Posted by Robert J. Ambrogi: “At his blog Jottings By An Employer's Lawyer, Michael Fox points to two interesting recent posts that underscore this simple proposition: When at work, you have no right of free speech. In the most recent of the two, Limits of Free Speech in the Workplace, Chris McKinney writes that employees are generally surprised to learn this. He urges companies to publish policies governing employees' blogging and use of social networking sites. Earlier, in his post Freedom of Speech in the Workplace: Think Again, Michael Moore makes similar points, noting that the Bill of Rights does not block private employers from "trampling constitutionally guaranteed freedoms."
Inspired by these posts on workplace speech, Fox offers a "mini-review" of a book by Vanderbilt Professor Bruce Barry, Speechless: The Erosion of Free Expression in the American Workplace. Even though Barry is president of the ACLU of Tennessee, Fox found his book to be balanced.
In addition to providing good insight into the current state of the law, he makes the argument that it would be good for society, including employers, if they could get over their basically reflexive anti-free speech reactions, while acknowledging there is little current legal basis to require them to do so, and conceding that freedom increases conflict which runs against [an] employer's 'enduring goals of employee compliance, conformity, complacency and efficiency.'
To that last note, Fox -- employers' lawyer that he is -- is compelled to add: "Perhaps a little too cynical view of modern employers."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 30 October 2007
From the site: “There are some common misunderstandings when it comes to the complicated area of special needs trusts. However, a special needs trust can help a disabled person preserve their wealth and maximize their care and support. Join Ringler Radio host, Larry Cohen and co-host, Kenneth R. Klapacz, Esq., Ringler settlement annuity specialist from Chicago, as they turn to Attorney Michael J. Durkin partner at the firm, Pedersen & Houpt in Chicago, to clear up these misunderstandings, talk about his experience dealing in special needs trusts, discuss how special needs trusts are funded and highlight the importance of putting the disabled person and their family first.
>>Play in Windows Media Player
>>Download the MP3”
The active links are available at the source site listed below.
Source: Legal Talk Network, 30 October 2007
Posted by Evan Schaeffer: “In "Eight Tips for Better Voir Dire," John H. Mathias, Jr., weighs in with some good voir dire tips for the ABA Litigation Section. Here are the tips--
• Leave each prospective juror feeling good about answering your questions;
• Never talk down to any prospective juror;
• Beware of the "evil eye";
• Use voir dire to get the jury to embrace your expert witnesses;
• Ask potential jurors if they like crossword puzzles;
• Find out whether potential jurors are victims or individualists;
• Break the ice for a large damages claim;
• Don't ask silly questions just to please a jury consultant.
Read the full article to get the tips explained, then print it out to add to your voir dire file. The tip about experts is especially good reading.
Credit for the link goes to Celia Elwell, a paralegal in Oklahoma City who complies useful links for a widely-read email.”
The active link is available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 30 October 2007
Posted by Tom Collins: “Pull out that partnership agreement and take a read through. Over the course of the years, I have helped a number of firms contemplate the future. I always ask for a copy of their partnership agreement. What surprises me every time is how irrelevant the agreement has been treated. Invariably, practices in the firm are at odds with the agreement. And the departure from the agreement’s provisions usually involves the sensitive areas of partner distributions and capital contributions. Unfortunately when trouble develops, the first thing that happens is that the partner who feels aggrieved points to the agreement, i.e.,” It is all fun and games on the playground until someone gets hurt.”
Make it a habit to review the agreement annually and amend the document as appropriate. Small deviations between firm practices and the agreement accumulate into wide divides. The reason for deviating from the exact verbiage of the agreement may have been sound and partners may have mutually agreed informally, at the time, to each deviation. But the reason and the informal agreements are forgotten with the passage of time.
There is another reason to review your partner agreement: retiring partners will be a bigger issue for many law firms over the next ten years. The treatment of capital accounts and unfunded liabilities imposed by continuing origination credits or other post-retirement payments can sink the ship if excessive. When a firm goes belly up, unfunded liabilities become worthless to those who were expecting future payments. For the benefit of the partners who will be retiring and those remaining, overly burdensome provisions need to be addressed now.”
Read more of Tom’s good advice at the source site listed below. Click on “Main Page” to get everything! You may need to use your browser’s REFRESH button to view this post.
Source: morepartnerincome.com, 31 October 2007
In the news: “E-discovery offers the opportunity to unduly burden an opposing party with overbroad requests for the production of e-mails and metadata, as well as electronically stored information contained on hard drives, computer servers and backup tapes. Ganfer & Shore partner Mark A. Berman reviews three recent New York state court decisions that address over-reaching document requests for ESI and advises practitioners to limit their discovery requests to only "material and necessary evidence."
Read full text
Source: Law.Com's Daily Legal Newswire. 31 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Dennis Kennedy: “I had a couple of inquiries about my post yesterday "26 Electronic Discovery Trends for 2008."
They basically said, "of the 26, which ones do you think are the most important?" A fair question, and one that I answered in my presentation, as you will see if you look at the slides from the presentation in which I mentioned these trends. I realize that 26 is way too many, but, in part, I used that many to give a sense of the Singularity.
Here are the three that I want to highlight.
1. The most important one, to me, is the "EDD Gap" – the growing gap between the lawyers and law firms that "get" EDD and those that do not. That's the one that I think will have the most impact over time.
2. The most interesting one, to me, is "EDD in the Cloud." By "cloud," I mean cloud computing. As data is processed, stored and handled in the cloud, traditional assumptions will no longer apply and new issues will arise.
When I started to work on this list of new trends, I mentioned what I planned to do to Tom Mighell. Tom mentioned that he hadn't seen much really new in terms of EDD trends and I told him that I'd come up with something new for him. That's a bigger challenge than you might think. First, Tom is so knowledgeable that it's difficult to come up with something that he considers "new. "Second, he has the habit of including the notion of "meaningful" as part of determining whether he would accept a trend as being new. For example, my mention of the Singularity probably would not pass with Tom because it's too theoretical and not practical enough. I decided that if I had 26 items on my list, I had a chance of getting Tom's approval of at least one. I picked "EDD in the cloud" as the first one to run by Tom, and I got the thumbs up. We might talk about these trends in a future podcast.
3. The one I'll watch most closely is the trend toward "technology counsel" as an evolution beyond the litigation support manager role. It also plays a part in the EDD Gap trend.
By the way, the reference in trend #24 about standards is illustrated by the announcement today of the EDRM XML standard for the e-discovery industry.”
The active links are available at the source site listed below.
Source: DennisKennedy.com, 23 October 2007
Students Rank Big Law Firms' Work Environments
Posted by Melanie Oberlin: “A new web site, Building a Better Legal Profession, ranks and grades large, private law firms on several workplace factors, such as diversity of partners, pro bono work, and billable hours. For a few markets (Manhattan, D.C., Boston, etc.) you can find out how diverse your potential employer is before deciding whether to accept the offer. The site was started by concerned law students interested in workplace reforms.”
The active link is available at the source site listed below.
Source: Moritz Legal Information Blog, 29 October 2007
Posted by Genie Tyburski: “Greg Notess at Search Engine Showdown notes that he updated his chart on Finding Old Web Pages. The chart is particularly useful because it provides information about how the search engine labels cached pages, the availability of retrieval commands (if any), and the general age of the cache index.
SEE: Finding Old Web Pages
Search Engine Showdown, 27 October 2007
RELATED: Don't Use the Google Cache as Anonymous Surf
The Virtual Chase, 8 December 2004”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 30 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/30oct07.xml
Posted by StephanieWestAlle: “As I have blogged before, neurolaw is fraught with danger and unsubstantiated promises. It overestimates what we can do, and learn about people, with the current state of neuroscience and leaves out some of the research that contradicts many of its assertions and predictions. Scary. I hope to promote critical thinking on the topic.
At the seminar on neuroscience and conflict resolution last week, I asked Dr. Jeffrey Schwartz to talk about the MacArthur Foundation grant to study neuroscience and law. He covered several of the problems that could result from research that leaves out much of the picture. (See my blog post for more.)
The morning of the seminar, The [London] Times coincidentally published an article on some problems with neurolaw. Here's an excerpt from "Why blame me? It was all my brain's fault-The dubious rise of 'neurolaw'" . . .
Meanwhile, the neuromitigation of blame has to be treated with suspicion except in those instances where there is unambiguous evidence of grossly abnormal brain function or abnormal mental function due to clearcut illness that may have its origin in brain disease. Our knowledge of the relationship between brain and consciousness, brain and self, and brain and agency is so weak and so conceptually confused that the appeal to neuroscience in the law courts, the police station or anywhere else is premature and usually inappropriate. And, I would suggest, it will remain both premature and inappropriate. Neurolaw is just another branch of neuromythology.
Read the rest of the article, please.”
The active links are available at the source site listed below.
Source: idealawg, 29 October 2007
In the news: “Law firms, under pressure from clients to improve their diversity, are working harder to attract minority lawyers but often fail to keep recruits for more than a few years. "There is often a bias, unconscious or conscious, on the part of partners and senior associates that keeps minority associates from the good assignments. So these minorities ... leave the firm," says Edwards Angell Chief Diversity Officer Paulette Brown, who has some ideas on what firms can do to retain minority attorneys.”
Read full text
Source: Law.Com's Daily Legal Newswire. 30 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Carolyn Elefant: “Women may be hitting glass ceilings at large law firms, but they're gaining equality in the Hollywood arena. This story, Celebs in a mess call on these female power lawyers, features a trio of high-powered, female lawyers who top celebrity lists when it comes to representation for DUIs, hit-and-run and divorce and custody battles. Predictably, the article leads off with the ubiquitous Gloria Allred, but it also covers DUI specialist, Blair Berk, a Harvard Law grad and divorce attorney Laura Wasser, who recently dropped Britney Spears as a client. Wasser's background is interesting; prior to her celebrity divorce work, she worked at the Western Law Center for Disability rights. Perhaps the biggest problem for at least two of the lawyers (Berk and Wasser) is staying out of the spotlight and the scope of the paparazzi and maintaining some privacy for both themselves, and their clients.
What struck me about this article were the differences between a celebrity-based Hollywood practice on one level and a biglaw practice - which recently, sites like Above the Law have celebrated...and even "celebretized" In biglaw, prestige means a huge, "name brand" law firm and a large PPP (profits per partner) or a $160,000 starting salary. The Hollywood lawyers practice in small firms, many of which they've started themselves. And the Hollywood lawyers also practice in areas like DUI, divorce or plaintiff-side discrimination, traditionally regarded as "pedestrian" by the biglaw crowd.
What are your thoughts? Obviously, the skill set for success as a Hollywood lawyer differs from the skill set for success at biglaw. But which type of "celebrity" lawyer is more attainable - for women, and for lawyers generally?"
The active links are available at the source site listed below.
Source: Legal Blog Watch, 29 October 2007
Posted by Jim Hassett: “Last week, I outlined the first five steps associates should follow to assure that they get the largest possible return on their limited marketing time. This week, Steps 6 to 8.
Step 6. Get more advice from other lawyers.
• Go to lunch with a mentor or your practice group leader to discuss the firm’s approach to marketing, the role of associates, and how you can help partners meet their goals.
• Talk to senior associates and to partners about how business development really works in your firm.
• Schedule a meeting with someone in the firm’s business development or marketing department to discuss resources available to you and how they can help you achieve your goals.
• Ask other lawyers
Step 7. Prioritize relentlessly
For time-limited associates, prioritizing is by far the most important step. Start by listing action items based on your research and/or the items below. Then decide which action item is likely to provide the best return on your time. Get that one under control before you start the next.
• Build personal and professional relationships with others at your level in client organizations.
• Consider the importance of “internal marketing” within your firm:
• Make a list of all the people you should keep in touch with, from law school classmates to college friends and acquaintances, and establish simple systems and habits to stay “top of mind.”
• Consider joining a trade association or community group where you could meet potential clients.
• Consider whether speaking and/or writing is a good way to increase your visibility, and whether it is the best use of your limited time. (See Get more results from writing.)
• Consider becoming active in your local bar association.
Step 8. Follow up consistently
The single most important factor is developing new business is following up, week after week, month after month, and year after year. It won’t always be easy, but it will work.
This post was adapted from The LegalBizDev Desk Reference, which will be released next month. For more information, Download legalbizdevsuccess_kit_summarye.pdf.
Read full text and access the active links at the source site listed below.
Source: Legal Business Development, 24 October 2007
Get Steps One through Five here.
Posted by Genie Tyburski: “Wikipedia launched a beta site called Veropedia, where it plans to move the most stable, expert articles on Wikipedia. According to the FAQ, "articles must meet very strict criteria of our own. There can be no cleanup tags, no "citation needed" tags, no disambiguation links, no dead external links, and no fair use images. In addition, each article will be given to recognized academics and experts to review. These experts can either provide their stamp of approval or make suggestions as to how the article can be improved further. In that way, users will know that the article is reliable."
SEE: Veropedia”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 30 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/30oct07.xml
Posted by Al Nye: “This is your typical novel about a man wrongfully accused and convicted of a horrible crime. Vincente Salazar, an illegal immigrant and doctor from El Salvador, was sentenced to fifty years with no parole for the assault of Madeline Steele, a Boston undercover cop. She identified Salazar and his fingerprints were found on the gun that shot her.
Open and shut case, right? Hardly.
Enter Scott Finn, a sole practitioner who is barely making ends meet by taking any case that walks in the door. Finn agrees to represent Salazar and as he digs deeper and deeper for the truth of what happened, he finds that the police are hiding a dark secret – one that quickly puts Finn’s life at risk.
I liked this book and it enlightened some interesting facts about the criminal justice system and what is needed to get a new trial for those already convicted of crimes. For those interested in seeing justice for those who innocent people who don’t deserve to be in jail, it’s a worthwhile read.
The author, David Hosp is a Boston lawyer at Goodwin Procter who for the past few years has worked with a team of attorneys representing various individuals wrongfully convicted. The factual basis for this novel is similar to the case of Stephan Cowans who was convicted for the shooting and attempted murder of a Boston cop, but was later exonerated and released from prison through the work of the New England Innocence Project.
Buy it here...”
Continue reading his other two book reviews and get the active link at the source site listed below.
Source: Al Nye the Lawyer Guy, 30 October 2007
Posted by Lori Herz: “A client recently asked me to gather and review some articles on life with the ubiquitous BlackBerry. Although I’m not a user myself, I am closely related to some major BlackBerry enthusiasts. So, I was eager to read up on the subject.
As I’ve noted before, successful business relationships require intimacy – a willingness to get to know the human beings we work with and want to work with. It’s basically the same kind of intimacy that fuels healthy connections to family and friends. But, according to some observers, the tools that many of us now depend on for everyday connectivity may be compromising our capacity for intimacy.
In a Forbes.com article on PDAs (as in personal digital assistants) and intimate relationships, one expert describes this kind of wireless technology as “the modern-day equivalent to the spinster chaperone.” Although PDAs appear to boost relationships by providing users access to one another 24/7, the interactions they facilitate are generally quick and impersonal. As these “nanosecond communications” become the norm for us, we expect “instant relationships as well as all other kinds of instant gratification.”
As a WSJ.com piece on BlackBerry Orphans suggests, this expectation may not play out so well in the real world of human-to-human connection. While some of the quotes from kids dealing with PDA-obsessed parents are funny, the sentiments behind the words are powerful and hard to ignore. These kids are expressing a real need for attention – they want to be more visible to their parents. But, at many points throughout the day, they’re largely invisible because their parents have exchanged intimacy for constant connectivity.
For another perspective on the nexus between constant connectivity, our (past, present, future) everyday lives and our business communications, set aside a few minutes to watch this thought-provoking video, Did You Know? (tipped at Marketing Profs Daily Fix).”
The active links are available at the source site listed below.
Source: Write For Clients, 22 October 2007
From the e-newsletter: “We know that 39% of employees admit to kissing a coworker, but many surveys put office dating even higher. Should you care? Heck yes. When an office romance goes south, you could face an expensive sexual harassment lawsuit. You must protect yourself.
According to Jennifer Brown Shaw with employment law firm Shaw Valenza in San Francisco, an employer has 3 options:
• Dating Termination policies: Any manager found dating a subordinate will be fired immediately. Make sure you limit the policy to supervisor/subordinate relationships, Shaw warns.
• Non-fraternization policies: Where the employer’s policy states that employees may not date coworkers, and violators will be terminated. Again, be aware that some states require that these be limited to supervisor/subordinate relationships or relationships where there is a conflict of interest in order to protect employee privacy.
• Love Contracts: The employees involve sign a document saying that the relationship is consensual and that they will report any harassment. The problems with these are numerous: First, do you want to be the one asking someone to sign a “love contract?” Second, people are unlikely to follow them and third, they haven’t been proven in court.
No matter which policy you choose, says Shaw, make sure it is well publicized and enforced. Also, make sure it is enforced against all employees who commit infractions, no matter how high ranking of well liked they are.End the dysfunctional atmosphere in your office.”
Source: Hurley, Bridgette. HRminute. 30 October 2007. Dartnell. Subscribe <http://www.dartnellcorp.com/hrminute.htm>.
From the blog: “The July 24, 2007 Ohio Bar Exam results are out. Click here to go to the Ohio Supreme Court search engine to search for family and friends by last name, residential city, county, state or law school. The Supreme Court Press Release shows a pass rate of 81.3% and provides various links to information about the exam, candidate requirements for admission, and the swearing in ceremonies, which will be held on November 5, 2007 at various times and locations around the state.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 26 October 2007
Posted By Tom Kane; ‘I had a terrific marketing partner when I was an in-house marketer with a large Florida law firm. He summed up marketing succinctly in the statement: “Marketing is everything you do as a lawyer.” Everything you do as a lawyer does reflect on the image (brand) that others have of you. And how you dress bears directly what people think of you as a person –and as a lawyer.
In an earlier post “Dressing Professionally is Smart Marketing,” I reported on John Remsen's July readers’ survey of 233 law firm professionals regarding lawyers casual attire at work these days.
John’s second article in his two-part series on dress codes reports on the responses of managing partners and firm leaders. The reaction of these lawyers (based on 164 survey participants) was:
• 54% “oppose more casual dress codes for lawyers,” and
• 70% “believe that casual dress has a negative influence on clients’ perceptions of the quality and value of a lawyer’s legal expertise.”
The latter may be a stretch as it relates to the majority of clients' reaction, but I totally agree with the overall premise. Casual dress for lawyers is generally a BAD idea. There are firms and managing partners that favor the casual approach. Read their comments in John’s article.
It is clear that good people can disagree on this topic. However, I come down on the side of more formality when it comes to professionals. Certainly, if a client specifically requests less formality, then that’s it. But, when it comes to developing business, I concur with several of the comments made:
• “… clients are looking for someone who looks like a professional.”
• “… the impression you make with your co-workers, the lunch crowd and the people you see on your way to and from work every day is important, too.”
• “the real test is what do those attorneys who are most successful and admired wear?”
Call me old fashion, but I’ve never heard a law firm client complain about their lawyers looking “too nice.” It’s all about image and trust. Dressing for work like you do for the weekend doesn’t help either, IMHO."
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 26 October 2007
Posted by JD Hull: “Ironically, few lawyers write well. Many of us aren't even aware of that. Good clients and the general public are justified in beginning to conclude that either we won't or can't write sanely and well.* At WAC? we've discussed that problem a lot, but not enough, at our section called Writing Well. When lawyers write, we meander, repeat, confuse, use too many words, are awash in jargon, are lazy, use the wrong words; in the end, we sound like self-important mental patients talking to ourselves. Useful and even brilliant legal thinking and insights get lost. Read lawyer letters to counsel or clients if you don't believe me. At best, most of them are full-of-it but entertaining. Or, for fun, just read our pleadings:
COMES NOW, the plaintiff, GiantMart Inc., by and through its attorneys, Adams, Bones & Carson, LLC, brings this cause of action against Upstart LTD, scumbags, for violations of the Lanham Act, and for other causes, which are set forth in their entirety below, and files with this Honorable Court the herein Complaint, the following of which is a statement of its averments and allegations: [with names changed to protect the lame, and one embellishment]
rather than
Plaintiff GiantMart Inc. states:
There are of course lots of nuances to this problem and they extend to American speech and writing generally. Our own King's English-Hemingway-Flaubert-worshipping Holden Oliver totally loses it and needs to be sedated when anyone uses either "PARTY" or "IMPACT" as a verb. He also abhors "COMES NOW","NEXT LEVEL", "MATRIX" and PARADIGM" and refuses to return Steven Covey's phone calls.
But let's start with lawyers. Last month, Lori Herz, a New York-based lawyer with fine lawyer credentials, business writer and no-b.s. writing coach, and Arnie Herz's other half at his Legal Sanity, launched Write For Clients, subtitled "How Powerful Writing Builds Business Success". Lori herself can really write; we've said before that only two or three writers in the blog community are as good as Lori. If you need help, talk to her. And see Kevin O'Keefe's interview with Lori last month.
*WAC? thinks that in-bred lawyer clubbiness, the resulting failure to represent clients aggressively and lawyers' lack of business sense are even bigger problems--but medieval lawyer writing is a symptom of the greater lawyer "insularity" problem. Generally, the vast majority of lawyers all over the world just don't get it. Our services for and service to even to-die-for clients are poor to mediocre. Sorry.”
The active links are available at the source site listed below.
Source: What About Clients?, 29 October 2007
Posted by Justin Patten: “Mediation is about agreement and compromise. For some this might not seem a good way to resolve a dispute, especially when fuelled by the idea of 'winning'. But when you consider the success rates of mediation - where both parties reach an acceptable conclusion - settlement in mediation has to be a better result than 'losing' through the Courts.
According to figures released by the government disputes using mediation settle in at least 80% of cases.
In a mediation situation the mediator will be seeking to help all parties reach agreement using the crucial skills of negotiation. These skills will be used, not only by the mediator to help reach an agreement, but can be used by the disputing parties themselves and their lawyers. Indeed lawyers who master the art of negotiation can not only help their clients reach a settlement, they can often help them get a better deal.
So what should you do to ensure an effective negotiation? Here are just a few tips:
Plan & prepare in the right way…
Listen more than you talk…
Keep emotions in check…
Balance aggression against co-operation…
(Generally) make the first offer…”
Read full text at the source site listed below.
Source: Human Law Mediation, 24 October 2007
In the news: “UTStarcom went public in 2000, and for a time was seen as a smart way to play the China telecom boom. But it's become an example of what corporate lawyers can face when trying to square business practices common in China -- such as paying bribes and recognizing income before it's actually in company coffers -- with the corporate disclosures required by U.S. regulators. More than $300 million in revenue has come off the books, and the company has admitted to backdating stock options for executives.”
Read full text
Source: Law.Com's Daily Legal Newswire. 29 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “(Eric Sinrod) - The stakes are enormous. The question is serious. Under what circumstances are interactive computer services liable for content posted by others on their sites?
Read more...
Related Resources
• Legal Issues for Social Networking Sites and Their Users”
Source: FindLaw’s Modern Practice. 26 October 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Genie Tyburski: “The National Personnel Records Center announced it would open the Official Military Personnel Files of Army, Army Air Corps, Army Air Forces, Navy, Marine Corps and Coast Guard military personnel who served and were discharged, retired or died while in the service, prior to 1946.
SOURCE: National Personnel Records Center Opens more than Six Million New Military Personnel Files
ResourceShelf, 23 October 2007
SEE: Military Personnel Records
The active links are available at the source site listed below.
Source: TVC Alert Research News, 25 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/25oct07.xml
Posted by Michelle Golden: “Time for a "best of" post! So many great blogs out there, so much good info to read.
Here's an excerpt from a can't miss post, How to Use Blogs in the Workplace, from Rod Boothby of Innovation Creators:
Do you know how to use blogs within your organization to help you get work done?
There are plenty of blogs out there that can tell you how to use blogs as a PR and marketing tool to communicate with your clients. But, when people actually think about getting work done within the organization, not a lot has been written.
IMHO, Boothby is THE authority on leveraging blog techology for internal infrastructure so pour over every word.
When you're done absorbing this excellent information, check out his Whitepapers, particularly the one on Turning Knowledge Workers into Innovation Creators (pdf).”
The active links are available at the source site listed below.
Source: Golden Practices, 25 October 2007
Posted by Evan Schaeffer: “An article titled "What court reporters want" from the Illinois Bar Journal contains these tips from reporter Andrea Trippi Else--
• Fax the case caption to the court reporter in advance of the deposition;
• When you arrive at the deposition, give the reporter a business card with a notation as to which party you represent;
• Speak slowly and clearly, especially when reading from a document, when your natural tendency is to speed up;
• Make an extra set of exhibit copies for the reporter;
• Don't speak over others, and advise the deponent to do the same;
• Don't cheat the reporter by providing a copy of the transcript to your opponent in exchange for splitting the costs.
The full article appears in the October issue of the Illinois Bar Journal on page 514. ISBA members can find it here.”
The active link is available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 25 October 2007
In the news: “Connecticut litigator Karen Lee Torre says that although pro bono work is in keeping with the highest traditions of the bar, she wants to choose when and to whom she donates her legal services. Torre relates a story of taking on a pro bono client at the request of a judge. The result made her feel better than some of the big checks she's gotten in her career. However, she equates mandatory pro bono with Soviet-style forced labor. "Involuntary servitude takes the feel good out of doing good," she says.”
Read full text
Source: Law.Com's Daily Legal Newswire. 26 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “This 2007 study "has documented 73 cases where children 13 and 14 years of age have been condemned to death in prison. ... This report is intended to illuminate this cruel and unusual punishment inflicted on children, particularly for those who have been without legal help for so long." Includes profiles of some of the children, data, and photos. Opens directly into a PDF file. From the nonprofit law organization, Equal Justice Initiative.
URL: http://eji.org/eji/files/20071017cruelandunusual.pdf
LII Item: http://lii.org/cs/lii/view/item/24740”
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 25 October 2007. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
From the e-newsletter: “(FindLaw's LawyerMarketing.com) - Take a step back and look at your marketing strategy. Are you getting good value for your marketing dollar? Factoring return on investment, or ROI, into your growth plan is one important way to ensure that you are."
Read more...
Source: FindLaw’s Marketing News. 25 October 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Tom Collins : “Peter Drucker has often pointed out that the purpose of a company is to create a customer. Few professionals have yet grasped that concept, which is the reason why marketing is so difficult for them.”
The preceding sentence is a quote from Bruce Marcus that I found while reading an exchange between Marcus and one of the authors of the book Marketing Professional Services. Marcus. a practicing marketing consultant, explains that since law firms have no traditions in marketing, developing an effective marketing strategy requires teaching the legal professionals marketing. That task has to be individualized for each firm. As Marcus puts it:
• “I believe that in marketing a professional firm, there are four basic points that should be addressed, and included in developing a distinctive functional strategy for each firm…
• Know your market. Not merely demographics, but its needs and wants, relevant to the service you offer.
• Know your firm. Not merely as an organization, but its structure to meet the needs of the market it seeks to serve
• Know your tools. These are the tools and devices of marketing – the press release, the brochure, the seminar, etc. They are tools, and not the marketing program itself.
• Manage your tools. Use the tools as communications devices to project your understanding and ability to serve the needs of your market”.
Marketing professional services is different than marketing a product, and thus one cannot simply apply the academic marketing principles that were developed around manufacturing. Marcus pointed out the following important differences:
• If I sell you a product, the product stays, and I go. If I sell you a service, I stay.
• There may be a thousand people behind the manufacture and distribution of a product. The product is the interface between the customer and the people who make it. The interface between the law or accounting firm and the client is the accountant or lawyer who performs the service.
• Marketing for a manufacturer involves the marketing department. The rest of the people in the company are not specifically involved in the marketing process itself. While professional marketers can build and run programs, no professional services marketing program can be run without the active participation of the professionals involved.
• But there is a serious cultural problem. With no tradition of marketing in the professions, lawyers and accountants, mature in their professions but without marketing training, must be taught to be marketers – or more realistically – marketing adjuncts. Before any marketing program can be successful, there must be a behavior modification of sorts, and a marketing culture must be engendered. This is the secret of successful professional services marketing.”
The active links are available at the source site listed below.
Source: morepartnerincome.com, 26 October 2007
Posted by Genie Tyburski: “The Electronic Discovery Blog maintained by the e-Discovery Analysis & Technology Group at K&L Gates recently updated its list of local court rules that address electronic discovery. It includes United States District Court local rules, standards, guidelines and forms.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 25 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/25oct07.xml
Posted by Sabrina I. Pacifici: “October 25, 2007 press release: U.S. Senator Charles E. Schumer, Chairman of the Joint Economic Committee (JEC), released a report today analyzing the greater financial impact of the subprime foreclosure boom. The JEC report entitled, The Subprime Lending Crisis: The Economic Impact on Wealth, Property Values and Tax Revenues, and How We Got Here (34 pages, PDF) reveals that families, neighborhood property values, and state and local governments will lose billions of dollars as two million subprime mortgage homes are foreclosed. The subprime fallout report argues in favor of foreclosure prevention, which can save the economy billions in housing wealth and ease falling housing prices."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 October 2007. Copyright ©2002-2007 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Sabrina I. Pacifici: "In the wake of the devastation caused by the wildfires in California, people are opening their hearts and wallets to help. The federal government is advising that the best way to provide immediate assistance is to donate money directly to established relief organizations with the experience and means to deliver aid. If you’re thinking about the best ways to provide help to those affected by the wildfires, the Federal Trade Commission (FTC), the nation’s consumer protection agency, has these tips to help you give wisely..."
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 October 2007. Copyright ©2002-2007 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
In the news: “The discovery of a "smoking gun" e-mail only becomes useful in litigation if it can overcome a series of evidentiary hurdles that all too often receive only scant attention and, in many cases, are overlooked entirely. Paul Weiss partners H. Christopher Boehning and Daniel Toal detail the effort needed to overcome objections of authenticity, hearsay and the original writings rule, all of which can make the difference between a successful motion and the uncertainty of a trial.”
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Source: Law.Com's Daily Legal Newswire. 25 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Genie Tyburski: “This article summarizes how one law firm uses social networks as a source for information about litigants involved in family matters. At Web Search University last month, I talked about how social networks could be used to locate young people, or people who don't have much of a public records trail. They are also a potential source for reputation searching - finding information that has an impact on the image of a company or person.
RELATED: Is This Information On the Record?
The Virtual Chase, 8 March 2005
(Strategic and competitive intelligence (CI) research used to be conducted through searches of the fee-based online services, interviews with current and former employees of a company, skulking around the target company's exhibit booth at an industry conference, and digging through public records. Interestingly, a lot of strategic information can now be gleaned from a simple Web search...)”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 25 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/25oct07.xml
Posted By Tom Kane: “Rather than limit yourself to traditional networking organizations, such as trade groups or other large associations, consider building your own personal network. It’s easier than you may think.
Start with identifying a niche industry you would like to get more work from. Then, think about other non-competing businesses that serve that industry. Finally, recruit one person from each of those other providers to join your group, and meet regularly to network. For example, say you are interested in developing more commercial real estate business. Members of your group might include a banker, CPA, insurance agent, real estate agent, developer, contractor, etc. Don’t have too large a group, and only one person from each segment of the industry. Now, you have your personal business development group.
Nancy Martinez, a marketer with Selbert Perkins Design, had a very informative article on personal networks on RainToday.com last week.
She suggests an initial meeting that will lay out what is expected of each member in terms of their contribution to monthly meetings; and the priorities for the group in terms of “business leads, marketing advice, industry information, informative articles, and even, personal lessons learned.” I agree with Nancy, that there is strength in numbers, and each member may already have great contacts that may benefit other members.
Take a look at her article. It's definitely worth a read.”
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 24 October 2007
In the news: “Nobody likes to give bad news. Yet it's an occasional part of the job for most lawyers, particularly litigators. Under Ethics Rule 1.4, lawyers must keep clients "reasonably informed about the status of a matter." Attorney Arthur Burger points to Winston Churchill's "finest hour" speech discussing the defeat of the French army by the Germans. Any bad news a lawyer encounters shouldn't be of that magnitude. Yet Churchill's speech provides some tips about the psychology of communication.”
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Source: Law.Com's Daily Legal Newswire. 25 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “(Oasis Legal Funding) - Legal funding is the fastest emerging financial trend in the U.S. justice system. With industry leaders currently reviewing more than 40,000 funding applications per month, legal funding has risen from relative obscurity five years ago to the forefront of marketplace solutions for attorneys and their clients.”
Read more...
Source: FindLaw’s Practice Paper. 24 October 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Genie Tyburski: “ The current issue of the PACER QUARTERLY notes that customers may now require that users enter a client code. They may also specify the format for the code.
To activate this new feature, log into the Account Information section of the PACER Service Center's website at http://pacer.psc.uscourts.gov. Click on "Set PACER Preferences." After the preferences have been set, the system will prompt customers for a client code if one is not entered at login.”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 25 October 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct07/25oct07.xml
From the blog: “Professor Muna Ndulo of Cornell Law School presented the keynote address at the 2007 Starr Workshop, “Tapping into the World of Electronic Legal Knowledge.” The workshop took place at Cornell Law School October 7-10, 2007 and was co-sponsored by the Starr Foundation, New York University Law Library, and Cornell Law Library.
Professor Ndulo addresses the topic of new information technologies and their importance to legal research and teaching.
+ Full Document (PDF; 40 KB)
[Their] Source: Cornell Law School. Starr Workshop Series”
The active link is available at the source site listed below.
Source: ResourceShelf, 25 October 2007
Posted by Melanie Oberlin: “The student editor of the Brooklyn Law Review argues that characters in virtual worlds like Second Life should be able to seek redress in "first life" courts. The article is currently posted at SSRN, and will be published in Volume 72 of the Brooklyn Law Review.”
The active link is available at the source site listed below.
Source: Moritz Legal Information Blog, 25 October 2007
Posted by Tom Patton: “I am a firm believer that technology is going to have a massive impact on the legal profession.
Against this background, consider this in the Times and particularly the words of Richard Susskind:
"It was a typical legal dinner. As the fine wine flowed, Richard Susskind cast his eye about the splendid wood-panelled main hall of the Mercers’ Company in the City of London. The mercers, traders in fine cloths and silks, had trained their last apprentice in 1888. Now, like many other ancient trades and crafts, from the tallow chandlers to the wheelwrights, they were mostly known for their livery companies. Could lawyers die out in the same way?
In a new book (to be published next year by Oxford University Press) Susskind argues that lawyers and the legal profession in their present shape face extinction – or at least are “on the brink of fundamental transformation”. He sees a future, as he puts it, when “conventional legal advisers will be much less prominent in society than today, and, in some walks of life, will have no visibility at all”.
The driving force towards the end of lawyers as we know them is twofold: information technology and what Susskind calls the market pull towards commoditisation – carving up a lawyer’s job into identifiable and discreet pieces that can be outsourced and done more cheaply by others. As a result, the jobs of many traditional lawyers will be substantially eroded and often eliminated."
The active links are available at the source site listed below.
Source: Human Law, 23 October 2007
Calif. Wildfires Drive Lawyers from Homes, Offices
In the news: “As a brown haze shrouded Southern California on Tuesday, law firms in San Diego's Carmel Valley region were shuttered, and more and more local attorneys and staff members were forced to leave their homes. At least two partners have lost their homes, and some law firms estimated that between a third and a half of their local attorneys and staffers had been displaced. Said one managing partner, "We don't even know the human impact yet. There's been 500,000 evacuated, and that includes a lot of our people."
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Source: Law.Com's Daily Legal Newswire. 24 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: “If a firm or company finds itself being investigated by the government what should it do? How does it prepare if one day the feds come knocking? Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi turn to Roscoe C. Howard, Jr., who has been on both sides of federal investigations as a Washington-based partner with Troutman Sanders LLP and a former federal prosecutor. Attorney Howard will offer his advice to those who find themselves knee-deep in trouble and prepare those who work within the walls of a company or firm by discussing compliance programs, working with investigators and the importance of a right to counsel. Don’t miss out!
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, 23 October 2007
From the blog: “The Ohio Supreme Court has issued 2 press releases, announcing amendments to various of its Rules. In the first announcement, the Court advised of the following changes in its Rules of Practice: 1) elimination of case information statements; 2) redaction of social security numbers and personal information; 3) designation of filings as public documents; 4) changes in various filing deadlines; 5) allowance of service by email; and 6) prohibition of summary judgment motions in original actions. The second announcement provides notice of changes in both the Rules for the Government of the Bar and the Rules for the Government of the Judiciary. All of these rule changes pertain to CLE requirements, reporting, and sanctions for failure to comply. The Ohio Supreme Court provides a web-based Rule amendment search at the following link: Amendment Search.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 23 October 2007
From the blog: “Everyone everywhere is standing on their own foundation of possibilities. Everyone’s foundation is different although everyone’s foundation is connected.
Let’s face it, not everyone has every opportunity equally available to them. Our experiences are unique. The place where we are standing at any given moment of life is unique. But everyone has their own opportunities at any given moment in time.
The dreamers are the ones who are standing on a foundation that could never support their desire. Their goal is unrelated to their foundation in many instances. So what makes the difference between a dreamer and an achiever? A dreamer dreams of possibilities, unlimited in their nature and scope. An achiever sees the possibilities and either builds the foundation necessary to see those possibilities come to fruition or exploits the opportunities already available to them. An achiever keeps overcoming the next apparent obstacle, continually building on their foundation. Their goal may be out in the future, but they are undaunted by moving down the field of play in order to get there. An achiever realizes you just don’t wake up in the end zone.
Sometimes dreamers hit the first obstacle and they give up. Some dreamers can only conceive of things in their mind but cannot execute them in their real life. An achiever is a blend of person who has no problem rolling up their sleeves and forcing themselves onto the universe and push hard for a certain result. An achiever is do-er, constantly participating in and compelling motion. An achiever is someone with enough creativity to constantly be solving problems or, even better, turning those problems into assets. Achievement demands motion and action. Achievement also demands vision and creative (in contrast to critical) thought.”
Source: The Greatest American Lawyer, 19 October 2007
Posted by Tom Collins: “When it comes to controlling legal cost, Rees Morrison reports that alternative fee arrangements are getting disproportional attention. They may encourage continued bad behavior on the part of legal departments. Here is best way for corporate consumers of legal services to control cost, according to Morrison:
“From my experience, the first line of managing costs is to retain an experienced partner whose team is busy. The second most effective tool is an inside lawyer who manages the matter actively, creatively, and boldly. Budgets, carefully reviewed and thereafter enforced, are one tool of the active managing lawyer. Third is the most common source of outside counsel spending – litigation – is an effective program for the scourge of discovery”.
The appeal of alternative fee arrangements (largely fixed fee) is that the arrangement removes the legal department from further obligation to control cost. As Morrison advises corporate clients, if you do any of the above steps poorly, “don’t expect the fee arrangement to bail you out”!
Rees Morrison advises corporate law departments as Vice President with Hildebrandt International. He shares his 19 years of experience on his blog Law Department Management. If you are interested in knowing what your corporate clients and prospects are thinking, you should be a regular reader of Law Department Management.”
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Source: morepartnerincome.com, 24 October 2007
In the news: “When it comes to government use of employment rules to press its national security efforts, things have not been going well for the Bush administration in the courts. First, a federal judge stopped government plans to enlist the nation's employers to rid the workplace of illegal immigrants. Then, the next day, the 9th Circuit temporarily blocked a more intrusive background check for government contractors that would have allowed questioning of anyone on issues such as mental health and sexual orientation.”
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Source: Law.Com's Daily Legal Newswire. 24 October 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.