Posted by Alison Shields: “A reader asks, "How do you make an attorney in your office pull his weight and be more accountable?"
Obviously, there are many personal and law firm dynamics that would influence the situation here. But in general, when dealing with a lawyer in the firm that doesn't appear to be pulling their weight, I look first to the firm.
[Allison includes a comprehensive list of thought-provoking questions.]
These questions need to be asked (and answered) both from the perspective of the firm and the perspective of the lawyer (and perhaps other lawyers within the firm). It is not uncommon for law firm partners or management to think that expectations are clear and that they have been communicated when in fact, none of the other lawyers in the firm understand those expectations.
If firms wish to encourage certain behaviors or standards, those standards and behaviors should be measured, monitored, and communicated to the firm, not just through general guidelines, but through specific goals and performance evaluations with individual lawyers. The behaviors that the firm wants to encourage should be rewarded, and those that don't measure up should be aware of the potential consequences.
• Is the attorney aware that he or she is underperforming?
• What steps has the attorney taken to improve?
• Has the attorney been given specific feedback regarding what areas need to be improved?
• What kind of help and guidance has the attorney received?
• What does the attorney perceive to be the problem?
• What suggestions does the attorney have for improving the situation?
• Is the attorney handling the kind of work and clients the attorney is best suited for?
Finally, be mindful that you can't 'make' anyone do anything. Perhaps this lawyer isn't interested in advancing within the firm and is perfectly happy with his or her current position, financial situation and level of effort. Or perhaps the attorney is not a good fit for the firm or just doesn't have what it takes to succeed at this firm. In those situations, it may make sense for lawyer and firm to part company.”
The full text of this post is available at the source site listed below
Source: Legal Ease Blog, 14 May 2008
Posted by Tammy Erickson: “I’m worried about Generation X and corporations. As far as I can tell, these two have a tentative relationship at best – and are likely headed for some rocky times ahead.
Corporations really need Gen X – folks in their 30’s to early 40’s, who should begin to serve as our primary corporate leaders over the next couple years. But I fear many current corporate executives are taking this small and therefore precious group for granted.
Many of you X’ers are not thrilled with corporate life. You tend not to trust institutions in general and deeply resent the Boomers’ confident assumptions that you will be motivated by the same things that Boomers have long cared about. Many of you have told me that you are planning to leave corporate life “soon” – to start entrepreneurial ventures or work for smaller companies – options you feel will suite you better than the corporate roles looming ahead.
Why are many X’ers uncomfortable in corporate life?
1. X’ers’ corporate careers got off to a slow start and many are still feeling the pain...
2. When you were teens, X’ers witnessed adults in your lives being laid off from large corporations, as re-engineering swept through the business lexicon...
3. Most corporate career paths “narrow” at the top – the perceived range of options diminishes as individuals become increasingly specialized in specific functions or roles…
4. Just your luck – the economy was slow when you entered the workforce and now its slowing once again – just as you are standing at the threshold of senior management…
5. And then there are those pesky Gen Y’s…
6. X’ers are, in fact, surrounded by a love fest – and not feeling the love…
7. X’ers are the most conservative cohort in today’s workforce…
8. Many X’ers’ are guarding a closely held secret: you’re not all as comfortable with the technology that is changing the way things are done as everyone seems to think you are…
9. And if Boomer colleagues are annoying, the Boomer parents of your Y reports are down-right over-the-top…
10. Finally, your own parenting pressures are at a peak...
Is it time to jump off the corporate train?
I hope not – at least not for most of you. Corporations really need your leadership. But I understand that we need to create corporate environments that are more conducive to your needs and preferences.
I’m in the middle of my latest writing project – a book on career options and strategies for Gen X’ers. I’d love to hear from you about your experiences, frustrations, and success. What works? What doesn’t? What do you worry about? What would you most like to know?”
The full text of this post is available at the source site listed below
Source: Tammy Erickson Across the Ages, 10 May 2008
Posted by Tom Kane: “In a recent post I talked about following up whether you win or lose an opportunity for new work. The idea being to learn how to improve and do even better at winning the next time.
Following my post I heard from Ford Harding who sent me a copy of his book Rainmaking: Attract New Clients No Matter What Your Field, 2nd Edition. The book includes a chapter “When You Lose a Sale,” which includes the following suggestions in seeking feedback:
• Encourage stark honesty, like a Dutch uncle;
• Try to set a separate meeting or at least phone call for the debriefing (not as part of the bad news call);
• Make sure you don’t come across as threatening or angry;
• Compile your questions in advance;
• Three general questions you should definitely ask:
1. “Why did you select the other firm?
2. “What did they do especially well during the sales process?
3. “Where could we have been better?”;
• Don’t be disagreeable or argue with anything you hear;
• Keep notes on what is said;
• Debrief as many people as is reasonably appropriate; and
• Send a personal (handwritten) thank you note.
Following this advice will more than likely improve your chances of winning the next time.”
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 15 May 2008
Posted by David Swanner: “Here is a guest post from Brian Ford.
As a Multimedia Trial Site Specialist, the general rule of thumb has always been that a "seamless" presentation plays best in front of a Jury. This means, in part, avoiding the use of on-screen toolbars and minimizing vocal communication between the presenting attorney and the tech specialist.
My experiences have proven otherwise, though: Jurors are (and should be) focused on the evidence, more than how seamlessly it is presented. While it is true that a well-oiled presentation certainly can't hurt, these factors are nowhere near as important as the overall quality of the evidence, and the care that has gone into designing demonstratives.
Assuming the latter, a slight lag or visual hiccup isn't going to mean much to a Jury dedicated to a contemplation of the facts and a fair interpretation of the available evidence.
Continue Reading…”
Full text and active links are available at the source site listed below.
Source: South Carolina Trial Law Blog, 1 May 2008
In the news: “Law firm leaders, judges and clients have complained for years about the lack of writing skills in the legal profession, where huge decisions often turn on the written word. "Most of us would be far better writers if we'd never gone to law school," says Douglas Winter, an attorney and writing coach at Bryan Cave who says young attorneys often imitate the kind of writing they read in law school, which is a mistake. And technology, which in many ways has improved writing skills, also poses its own challenges.”
Read full text
Source: Law.Com's Daily Legal Newswire. 15 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Genie Tyburski: “Information consultant Gwen Harris shares her recent observations about changes in the way select major search engines handle stemming. Stemming refers to word variants, usually (but not always) in the word ending, unlike truncation, which involves changes in the word ending.
Gwen notes that Yahoo, Ask and Live now support stemming. To prevent stemming in these search engines as well as Google use the plus sign (+) immediately prior to a word.
Gwen comments on a few other changes as well, including Yahoo's dropping support for the Boolean, AND and AND NOT.
RELATED: Web Searching with Advanced Commands
The Virtual Chase, 15 October 2007
RELATED: Searching Dirty to Find What's Hidden
The Virtual Chase, 27 August 2007”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 14 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/14may08.xml
Posted by David Bilinski: “I have run across the absolutely coolest application that I have seen in a long time …and it has quickly become indispensable to how I work. And the best part of it all is that it is also one of the simplest pieces of technology that I have seen in quite a while.
…
Here is how it works: SimplyFile, once installed, sits in your Outlook as a toolbar. Now, click on an email - any email. SimplyFile guesses into which folder this particular email should go. Amazingly, it seems to guess right at least 80-90% of the time. Click on “File Message” and *zap* the email goes into the right folder. When you reply to an email, it also guesses which folder the reply should go. SimplyFile is $39.95 per user, with a volume discount available for those who may wish to take advantage of this.
I am sure that it does more, but I really don’t care. When it comes to saving ourselves from the email avalanche, we have to just keep it simple and that’s that.”
Full text and active link are available at the source site listed below.
Source: Thoughtful Legal Management, 12 May 2008
In the news: “Virtualization may be the way to go for small to midsized firms. Instead of servers running at 10 percent or less capacity at certain points in the day, virtual servers can share hardware resources -- raising your average usage rate and lowering hardware and support costs.”
The article discusses the following benefits for small and medium-sized law firms:
• Improved security.
• Easier restoration through greater consistency.
• Reduced time to recovery.
Source: Law.Com's Daily Legal Newswire. 15 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: “Yesterday’s post was about a company that used technology to their advantage. Today’s post is about a company that doesn’t.
…
When you have someone’s name, use it in as many places as possible. The front page of the user section on your web site should say “Hi -Name-”, the emails you send should address the customer by name, the bills and invoices should have the customer’s name on them, etc. You don’t want to obnoxious, but the line between obnoxious and personal is usually pretty clear (it always depends on the situation, of course).
You should especially make it a point to use the customer’s name when you send out a mailing asking for information or asking a customer to buy something. A majority of software programs that design or send mailings have features built into them that allow you to put the customer’s name right on the letter, as well as the envelope or label (Microsoft Word has a feature to do it). It definitely is not complicated, it isn’t expensive, and it doesn’t take up much extra time. It shows the customer that you at least put some effort into personalizing the letter they’re received.
This relates to “use my name, especially if you have it,” which I wrote about back in November.”
Full text and active links are available at the source site listed below.
Source: Service Untitled, 6 May 2008
Posted by Tom Kane: “Now, stop yawning! This is not as boring a topic as you might think.
Thom Singer makes a great case for using this tool that some people think is mundane and “oh, so 60’s”. To those I say with all do respect – horsefeathers!! Nametags are very important in any networking situation.
…As Thom points out there are important reasons for using them:
• Every event is a networking event,
• Everyone does not know everyone,
• Lack of “coolness” is irrelevant,
• They facilitate conversations,
And possibly most importantly,
• they help avoid embarrassing situations.
So, don’t let others talk you out of using nametags. They are an important tool.
And if you are dying to read more about nametags, check out ole crazy (as in successful and probably rolling in it) “Hello, My Name is Scott” Ginsberg. I think he probably wears his nametag to bed, but I could be wrong about that.”
Full text and active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 13 May 2008
Posted by Kevin O’Keefe: “That's the word from Doug Cornelius, a senior real estate associate with Goodwin Procter in Boston and well known knowledge management blogger, in a recent article by The American Lawyer's Brian Baxter.
Social networking costs are minimal -- it's not like sponsoring a table at an awards dinner or printing brochures -- so your return on investment is astronomic...
Cornelius' comment was part of a story on Legal OnRamp, started by Cisco Systems Inc. General Counsel Mark Chandler and former Perkins Coie lawyer Paul Lippe. In less than a year, Legal OnRamp has grown to more than 3,000 members from 200 firms and 400 companies.
…
We saw both lawyers and staff using the site to build professional networks. Firm management saw the opportunity for lawyers to exchange resumes, make client contacts and circulate best practices memos about everything from writing a contract to structuring a deal.
With the ability to browse individual lawyer bios, visit message boards, attend Q&A sessions, join groups, and receive Facebook-style updates on other lawyers, Cornelius 'favors Legal OnRamp over other business networking sites like LinkedIn and LawLink because it's interactive and offers access to potential clients through its in-house contacts.'
…3,000 lawyers from 200 law firms, presumably large law, and 400 companies combined with large law firms investing in the social networking site ought to tell you something. Some lawyers are seeing value in social networking.”
Full text and active links are available at the source site listed below.
Source: Real Lawyers Have Blogs, 10 May 2008
Posted by Evan Schaeffer: “The ABA Journal has excerpted "Making Your Case: The Art of Persuading Judges," by Justice Antonin Scalia and Bryan A. Garner.
The excerpt can be found here; a link to the book itself is here.
Meanwhile, there is an interesting article by Dahlia Lithwick about the book in Slate: "Justice Antonin Scalia is persuadable. Or he finally thinks you are."
The ABA Journal excerpt is in two parts, brief-writing and oral argument. To round out this post, here's a representative quote from part one--
Clarity is amply justified on the ground that it ensures you'll be understood. But in our adversary system it performs an additional function. The clearer your arguments, the harder it will be for your opponent to mischaracterize them. Put yourself in the shoes of a lawyer confronting an opposing brief that is almost incomprehensible. You struggle to figure out what it means--and so does the court. What an opportunity to characterize the opposing argument in a way that makes it weak! This can't happen to you--your opponent will not be able to distort what you say--if you are clear.
For more about legal writing on this weblog (one of my favorite topics), see the "Legal Writing" category.”
The active links are available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 13 May 2008
Posted by Raymond Ward: “Congress is moving toward making plain language “the standard style for Government documents issued to the public, and for other purposes.” H.R. 3548 passed in the House on April 14 by a vote 0f 376 to 1. Its companion, S. 2291, is pending in the Senate.1 You can read the full text of the House bill here, and the Senate bill here.
Hat tip to Roy Jacobsen.
___________
1 Co-sponsors of S. 2291 include Hillary Clinton and Barack Obama.”
The active links are available at the source site listed below.
Source: The (new) legal writer, 4 May 2008
Posted by Allison Shields: “This is the second in a three part series of posts about insurance issues for lawyers in solo and small practices. I’m interviewing Michael Korn, a financial representative of National Financial Network, LLC in New York City.
Michael is a former small business owner who specializes in working with small business owners and law firms, helping owners and senior management build, protect, and manage wealth. He may be reached at michael_korn@natfin.net or 646/885-2843. I’ve asked Michael some questions about what lawyers, particularly those working as solos or in small firms, should be thinking about. In our last post, Michael discussed the different types of health plans available for attorneys.
ACS: What should lawyers or law firm managers consider when purchasing a health plan?
MK: There are several factors to consider. Among them are:
Firm size…
Budget and access…
Network strength…
Outsourcing Benefits
ACS: Outsourcing is a hot topic these days. Can lawyers outsource benefits?
ACS: In addition to health insurance, are there other kinds of insurance lawyers should be considering in order to ensure that they are appropriately protected?
MK: Yes, there are other kinds of personal insurance to consider. The first is disability insurance...
ACS: Are there any other disability products lawyers should know about?
Our last and final post in the series will continue with a description of some additional insurance issues for lawyers to consider.”
The full text of this post is available at the source site listed below
Source: Legal Ease Blog, 13 May 2008
In the news: “A federal district judge may send electronic discovery toward its most searching scrutiny yet. In a recent decision, Judge John M. Facciola recommended "concept searching," the use of complex search engines to locate electronic data, for a tardy producer to pick up the pace.”
Source: Law.Com's Daily Legal Newswire. 14 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Ben Stevens: “A couple of weeks ago, I posted an article about IBM allowing some of its employees to begin using Macs. Last week, BusinessWeek published an article about how other businesses are beginning to move to Macs. The companies mentioned in the article include not only IBM, but also Google and Cisco.
The author mentions that Apple really doesn't make an effort to target businesses, choosing instead to focus on consumers and schools. Instead, it is the employees themselves that are clamoring for the ability to use Macs at work, just as they use Macs at home and iPods and iPhones everywhere. One CIO said "Steve Jobs doesn't need a sales force because he already has one: employees like the ones in my company."
The article is an interesting read, and it''s great to see other businesses realizing (just like many attorneys) the many benefits that Macs offer. There is also an accompanying podcast by John Byrne that takes a look inside the making of this story. You can access the podcast by clicking HERE.
Source: "The Mac in the Gray Flannel Suit" by Peter Burrows, published at BusinessWeek.”
The active links are available at the source site listed below.
Source: The Mac Lawyer, 5 May 2008
(You can read Part I here.)
Guest Blogger - Anita Campbell: “So, What is a Better Contract?
Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective?
First of all, I take it as a given that a contract should protect the client’s legal interests – first and foremost.
Beyond that, what makes a great experience for the client has more to do with how easy, fast and understandable the transaction “feels.”
Here are some guidelines for business-friendly contracts, documents and interactions:
1. Write in plain English…
2. Write contracts for a 12th grade education or lower…
3. Empower your clients through standardization…
Yeah, but Standardization Undermines My Billable Hours!...
What Can Be Standardized?
* Employment offer letters
* Customer contracts
* Non-disclosure agreements
* Consulting agreements
* Agreements to hire freelancers or independent contractors
* Employment handbooks (to cover many employment-related issues)
Resources to write better
Let me close by pointing you to several online resources you can use to make contracts more understandable and less frustrating for clients:
* Readability test: http://www.online-utility.org/english/readability_test_and_improve.jsp
* Plain English for Contracts: http://www.partyofthefirstpart.com/. Check the associated blog for this site, too, for a list of other websites and blogs that cover plain English writing: http://thepartyofthefirstpart.blogspot.com/
* Transcript of Podcast for using plain English in general today: http://www.thecomwellgroup.com/podcast/9-2006.htm”
Full text and active links are available at the source site listed below.
Source: Build a Solo Practice, LLC, 12 May 2008
Posted by Wayne Schiess: “Oops. I meant the title of this post to say: "For what clients will pay."
Yesterday a commenter reminded me that most lawyers are too busy to polish their work as much as they should. I agreed. Today, a commenter pointed out another reason lawyers don't polish their writing as they should:
Clients aren't willing to pay to have perfect work product. More often than not, clients are pragmatic: they want "good enough" to get what they want.
…
But a commenter who has been a client responds that, apparently, not all clients feel that way:
I have been a client. No litigation, no contracts, so perhaps my comments don't count. But in letters between my attorney and their attorney, I wanted careful editing (in fact, I edited them myself), no unnecessary words, polish, and highly intelligent writing.
So we must acknowledge that some clients want perfect written work. But it is telling, I think, that this client had to do some of the polishing herself. Would she have been just as insistent on a well polished letter if it had cost $250 instead of $150?”
The full text of this post is available at the source site listed below
Source: Legal Writing.net, 2 May 2008
Posted by Carolyn Elefant: “In theory, benefits like extended maternity leave, part-time options and telecommuting are the hallmarks of a robust and effective law firm work-life balance initiative. But as it turns out, in practice, less than half of eligible attorneys feel comfortable availing themselves of these options, at least according to the results of this survey jointly sponsored by Above the Law and Lateral Link. Of the 1 ,669 respondents, only 45 percent of women and 18 percent of men said they would feel comfortable asking to go part-time after having a child, while 39 percent of women and 25 percent of men would feel comfortable asking for an extended unpaid leave. Finally, roughly one third of respondents of either gender said they would feel comfortable asking to telecommute after having a child. At the same time, most lawyers -- two third of men and 59 percent of women -- did feel comfortable leaving the office at 6 p.m. to be home with children and then continue to work remotely.
My guess is that lawyers are comfortable with leaving earlier because they could do so on an ad hoc basis, rather than through a formal law firm program. Thus, they would not suffer the same stigma that they might if the firm were required to make a special accommodation, as it would with initiatives like telecommuting or part time work.
It seems that even in these supposedly more enlightened times, the "parent track" doesn't run parallel to the partnership track. As Ellen Ostrow suggests in this piece, unintentional biases still remain within the workplace -- and that for retention programs to succeed, firms must develop mechanisms for preventing biases from influencing judgments and behavior. (H/T to Women Lawyers Back on Track.)”
The active links are available at the source site listed below.
Source: Legal Blog Watch, 12 May 2008
Posted by Jim Hassett: “ Note: This test is for partners and senior attorneys. Associates are different.
Do you have a marketing To Do list?...
Are you prioritizing properly, so that you concentrate on the tasks that will produce the greatest results?...
If you need to step back and think about the type of work you should focus on, see my blog post on “How to Define Your Niche.”
Is every one of your key clients a raving fan?...
What’s more, the critical question is not whether your key clients are satisfied. It is whether they are raving fans. Note that I keep asking about key clients, not all clients. As consultant and lawyer Gerry Riskin has noted “You can’t superplease everyone at the same time. You need to discriminate.”
For advice on how to turn clients into raving fans, see my blog posts on Gerry’s concept of “bulletproofing your crown jewel clients”, my post on The top 16 ways to increase client satisfaction, and a list of over 40 best practices in The LegalBizDev Success Kit.
Do you spend enough time on business development?...
Do you track your business development time and activity every week?...
Do you delegate all the work you could, to leave more time for business development?...
If you answered no to any question above, turn it into a yes. And if you answered yes to every question: Congratulations. Now stop reading this blog and get back to bringing in new business.”
Full text and active links are available at the source site listed below.
Source: Legal Business Development, 30 April 2008
From the blog: “The Ohio Supreme Court has decided to tackle employee residency requirements that have been at issue in various communities in Ohio. Without consolidating the matters, the Court will hear separate arguments the same day in 2 cases involving the extent of home rule authority to require employees in Akron (Case No. 2008-0418) and Lima (Case No. 2008-0128) to live where they work. See our prior posts about the 1) the Akron and Lima appeals and 2) the original Summit County Common Pleas Court decision. Click here to read a report from the Toledo Blade that indicates 125 cities and 13 villages in Ohio have residency requirements.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 12 May 2008
Posted by Rahul Jindal:
“Can I take that off your hands?
The emergence of the outsourcing industry has provided a much-needed support network for busy companies seeking to retain their competitive edge. The question is now is no longer whether to outsource, but what to outsource and to whom. CPA’s Rob Stichbury examines the options...
A helping hand…
.Choosing the right partner…
.Sidestepping the pitfalls…
.
What does this mean for your business?...
Setting up an outsourcing programme takes time, but compared to hiring a new department or multiple numbers of specialist legal staff, the process is quicker and easier to manage. It’s also more economical and makes you more agile in the market, enabling you to upscale or downscale as required. For the IP world it holds real advantages as volumes increase and skilled professionals become harder to source. Businesses should look at their current set-up, check their financial position and choose a provider with strong sector experience and a reliable reputation.”
The full text of this post is available at the source site listed below
Source: Legal Process Outsourcing, 1 May 2008
From the site: “When it comes to organized labor, the focus is usually on issues regarding employment, layoffs, wages and arbitration. However, there is a big factor when it comes to workers comp cases. Join Ringler Radio host, Larry Cohen and co-host Angus Kennedy from Southern California as they speak to Attorney Michael Ian Rott, founding and senior partner at the firm of Hiden, Rott & Oertle, about workers comp cases involving organized labor. Larry, Angus and Michael explore these cases, the obstacles in dealing with the workers compensation system, the first hearing loss class action in California’s workers’ compensation history and how workers can benefit by putting their money in a structured settlement.
Right Click and Download
Play Windows Media”
The active links are available at the source site listed below.
Source: Legal Talk Network, 12 May 2008
In the news: “Today, software can speed the dreaded ritual of pro forma billing, generating and distributing invoices to each billing attorney's computerized inbox. Rick Herron, financial systems specialist with Bracewell & Giuliani, provides tips to succeed in implementing paperless billing.”
Source: Law.Com's Daily Legal Newswire. 13 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Alison Shields: “Earlier this week I talked about Primerus, and how impressed I was by the group and its philosophy. This week's 'Do Something!' post is inspired by Primerus. At the event I attended, each Primerus member was accompanied by a client. This practice not only provides opportunities for connections to be made with other lawyers in the group, but it also deepens the relationships between the lawyer and the client.
Want to make an impression on your clients, deepen your relationship and help them at the same time? Make it a habit to bring a client with you when you attend events. Your clients probably use services in addition to yours, including legal services. Bring a client to a golf outing, special dinner, networking event, cocktail event, etc. Introduce clients to others in your circle that might be able to help your client with their business, or even with personal services (landscaping and home improvements come to mind).
Even if no outside connections are made, you'll have an opportunity to spend time with your client outside of the office and out of the context of their legal matter, thus deepening your relationship. You'll have an opportunity to get to know them better, and the more you know about your clients, the better your services will be. The client will get to know you better, which will increase the 'know, like and trust' factor. And hopefully you'll both enjoy yourselves as well.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 9 May 2008
What Lawyers Don't Get About Finance
Posted by Genie Tyburski: “There are two kinds of people in the world, says finance expert Tom E. Greene: word people and number people. Most lawyers fall into the first group, which explains why they either panic or gloss over when faced with financial concepts in litigation.
Bob Ambrogi, editor of IMS ExpertServices' BullsEye Newsletter, where this article originally appeared, reports on how complexity in finance is often a smokescreen, "obscuring the straightforward narrative that lies just out of view."
Your Customers are Talking on Twitter
Also posted by Genie Tyburski: “Entrepreneur Wendy Piersall draws attention to consumer conversations on Twitter. Do you know what your customers are saying about your brand?
Wendy: "In the past hour, the following brands were mentioned at least once by one of the 500+ people I 'follow' (these are the people whose updates I choose to read).... YouTube, Starbucks, Kinko's, Google, Nintendo, iTunes, NASCAR, Virgin Atlantic, Zappos and Target."
Both of the active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
Posted by Joshua Fruchter: “One of our aims on this blog is to provide brief reviews of the major social networking sites (e.g., Facebook, LinkedIn, etc.) in terms of their value to lawyers as marketing and business development tools. But we don't need to reinvent the wheel each time.
Kevin O'Keefe of LexBlog had a nice post a few days ago on attorneys using Twitter as a marketing and business development tool. For those who don't know what "Twitter" is, the site describes itself as "a service for friends, family, and co–workers to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?"
Kevin says his participation in Twitter chatter may yet bring new business to LexBlog, and mentions three ways he thinks lawyers can benefit from joining the site: "First, a way to socially network with people, some of which networking may lead to work, speaking engagements, and the like. Two, a means to amplify your message, i.e., spreading what you what you may be blogging, writing, or speaking on. Three, if you blog, you are going to get news from other bloggers whose content you may want to reference in your blog or work…"
Full text and active links are available at the source site listed below.
Source: LawyerCasting, 9 May 2008
How Not to Change a Potential Lateral Hire Into the One That Got Away
In the news: “Few law firms work as hard to develop a system for recruiting lateral talent as they do for recruiting at the law student level. In contrast to the recruiting of inexperienced law students, firms competing for lateral talent face a more educated, and often more skeptical, audience, which makes it even more critical that the process work smoothly and cohesively. Legal recruiter Stacy Humphries has compiled anecdotes drawn from actual incidents as a 10-step how-not-to guide on lateral recruiting.”
Read full text
How to Manage Your Litigation Costs
In the news: “Your company wouldn't stay in business for long if it sold a lesser product at higher prices. So, asks attorney Stewart M. Weltman, why should you accept that state of affairs when it comes to your litigation matters? It's not enough to set flat fees or create litigation budgets, says Weltman. In-house counsel must learn how to proactively manage their outside counsel -- in the trenches, so to speak. He offers this rule to live by in all cases, big or small: Litigation is a dish served lean.”
Read full text
Source: Law.Com's Daily Legal Newswire. 12 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Sabrina Pacifici:
• “A Little Grafting of Second Life into a Legal Research Class: Rob Hudson discusses how Second Life can be used to enhance legal research instruction. Experiments in full class lectures and other uses of Second Life in higher education offer a mixture of hype and excitement. Published May 9, 2008
• CongressLine: Running for Congress: Paul Jenks recounts how for the past two years he has run marathons and monitored Congress at the same time, describing how the two experiences are very similar. Published May 9, 2008
• LLRX Book Review by Heather A. Phillips - A Guide to HIPAA Security and the Law: Heather A. Phillips reviews Stephen S. Wu's book whose focus is coming into compliance with the recent and complex new HIPAA requirements. Published May 7, 2008
• Conrad Jacoby's E-Discovery Update: Attorneys, Experts, and E-Discovery Competence: Conrad J. Jacoby focuses on two recent cases that emphasize the credibility problems counsel can face in the context of e-discovery - and suggest that outside assistance may be the only way for some counsel to demonstrate that these materials are being managed in a competent and trustworthy way. Published May 7, 2008
• FOIA Facts - My Proposal: FOIA Litigation Reporting Requirements: Scott A. Hodes makes the case that there should be a reporting requirement for all FOIA lawsuits requiring agencies to inform a central FOIA Office the outcome of FOIA lawsuits. Published May 7, 2008”
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 11 May 2008. Copyright ©2002-2007. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the e-newsletter: “Google today announced a web security product that makes it easy and affordable for companies of all sizes to provide Internet security to users in any location. Google Web Security(TM) for Enterprise provides real-time malware protection and URL filtering with policy enforcement and reporting.”
Related Resources
• FindLaw's Networking & Storage Page for Legal Professionals”
Source: FindLaw’s Modern Practice. 9 May 2008. Copyright © 2008 FindLaw, a Thomson Business. http://newsletters.findlaw.com/Subscribe <>.
Posted by Chuck Kallendorf: “The Ohio Supreme Court Tuesday held that the imposition of the state’s mandatory life imprisonment sentence for the forcible rape of an underage victim did not violate the defendant’s due process rights even when he was only 15 years old at the time of his crime, but hadn’t been prosecuted until he was 21. (Court Summary)
The case came out of Cleveland, Ohio, when, on November 12, 2004, appellant was charged in a 48-count indictment concerning events that occurred from June to August 1988, when he was 15 years old. The victim, a 9-year old disabled girl, had testified that she tolerated her being molested and hadn’t told anyone because the appellant had repeatedly threatened her, her family, and friends. The victim testified that she had not reported the incidents to police until 2004, when she happened to see an article in the Cleveland Plain Dealer about the man being sentenced to prison in another case involving the sexual assault of a nine-year old girl.
While the Court acknowledged several U.S. Supreme Court holdings that criminal sentencing of juvenile offenders should reflect a diminished level of culpability – i.e., Roper v. Simmons, and Bellotti v.Baird – the Court here stated that its 2002 decision in State v. Walls “so essentially undermines the appellant’s position that he cannot prevail on his claim that his mandatory life sentence violates due process principles of fundamental fairness.”
In a concurring opinion. Justice Judith Ann Lanzinger, joined by Justices Lundberg, Stratton, and O’Donnell, noted a number of “troublesome” facts in the case, including the 16-year delay between the crime and its prosecution, a lack of physical evidence, and the imposition of a mandatory life sentence on a defendant who was 15 years old at the time of the crime.
Justice Paul Pfeifer, who had dissented in the Court’s 2002 Walls decision, again dissented, reinterating his view that the application of a mandatory life sentence for an offense committed by a 15-year old “Ignores the state’s distinctions between how it treats juveniles and how it treats adults.”
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 9 May 2008
From the e-newsletter: “As shown in our last column, software commonly used by lawyers often creates embedded data, otherwise known as metadata. As previously discussed, there are means to avoid creating embedded data, as well as means available to remove hidden data already created. In theory, at least, it is possible to remove all metadata prior to sending a document to opposing counsel.”
Related Resources
• E-Discovery Update: ABA Ethics Opinion Approves of Metadata Use”
Source: FindLaw’s Modern Practice. 9 May 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Genie Tyburski: “Dosh Dosh advises information workers to prioritize their new information sources in order to get a handle on information overload. "In my feed reader there are two key folders, which stand out from the rest of the my feed subscriptions. The first folder is called 'Breaking News' and this contains the feeds of blogs, keyword alerts and news services on a range of topic categories. The second folder is called 'Must Reads' and these contain feeds of web sites that are non time-sensitive."
It's good advice on a par with the David Allen school of productivity.
RELATED: Information Overload Hurts Lawyers
TVC Alert Research News, 6 March 2008”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
Posted by Allison Shields: “Earlier this week, I wrote a bit about Primerus and the event I attended. I had an interesting conversation with one of the organizers about the spouses of both the Primerus lawyers and their clients attending the event. I was told that Primerus encourages its members and guests to bring spouses to their events - in part because sometimes the spouses are better at networking than the lawyers are. While the comment was a little tongue-in-cheek, it gave me pause. Once I started paying attention, I realized just how smart (and true) that was.
As a guest of one of the lawyers, I spent a fair amount of time with the spouses, guests and clients that attended the event and I saw some relationships - many of which could lead to potential business - being started by the spouses or guests, rather than being initiated by the lawyers themselves. This may have been because the spouses and guests were better networkers, but it was more likely a combination of factors: the event was well-run, the atmosphere was relaxed but professional, the quality of people at the event was unsurpassed, and there were many opportunities for real bonds to be formed. And finally, sometimes it's just easier to talk about someone else than it is to talk about yourself - which meant that the spouses and clients were great at promoting their spouses or lawyers and the lawyers were great at promoting their clients.
"Networking" has become a chore, an obligation, a 'buzzword.' But the truth is that, wherever you are, you're always networking. Networking really consists of creating, expanding and maintaining relationships. Sometimes those relationships are purely business, and other times they're purely social. Often, they are a combination of both. Why not bring your spouse or another guest to network with you? Let them promote you and vice versa.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 8 May 2008
Posted by Genie Tyburski: “A prominent legal-ethics professor has ignited a firestorm of controversy with his accusation that three equally prominent legal-ethics professors gave bad legal advice while serving as paid experts. Bob Ambrogi, editor of IMS ExpertServices' BullsEye Newsletter, where this article originally appeared, examines the controversy.
RELATED: How To Vet an Expert
The Virtual Chase, 31 July 2007
RELATED: Finding and Researching Experts and Their Testimony
The Virtual Chase, 28 August 2007”
The active links are available at the source site listed below.
Source: TVC Alert Research News, 8 May 2008, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=may08/8may08.xml
Posted by Tom Kane: “Although not everyone accepts that the “R” word is actually occurring (of course “they” have six or seven figure incomes with little chance of encountering a foreclosure on their McMansion, nor being troubled by such mundane tasks as putting petroleum into their limousines – but I digress), but for those firms who do feel a bit of a pinch in the old institutional wallet these days, it may just be time to crank up the business development efforts a little.
An article by Les Altenberg of A.L.T. Legal Professionals Marketing Group on the subject, that appears in this week’s Law.com, talks about adjusting the four “P’s” (Product, Place, Promotion, Price) of marketing as one way to develop business in these troubled times. Specifically:
Product …
Place …
Promotion …
Price …
Whether you agree or not that the economy is in an actual recession, revisiting your marketing four P's is worth doing.”
Full text and active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 8 May 2008
Posted by Brian J. Ritchey: “Since 2000, law firm PEPP (profits per equity partner) have increased on average 11% for Amlaw 100 firms and 8% for Amlaw 200 firms. Some observers fear that, like other markets that have sustained growth periods at or near double digits in the past 10 years, the law firm partner profit "bubble" may soon burst as well.
Looking at Amlaw 200 data, PEPP increased by 2% in 2001. In 2002, the increase was 7%. 2003 saw an increase of 11%, 8% in 2004 and 2005, and 10% in 2006.
[View chart at the source site listed below]
This increase doesn't only apply to Amlaw 200 firms…
What can you do to prepare for a stunt in the growth (or decline) of PEPP? Bruce MacEwen posted an article May 5th on his blog Adam Smith Esq., titled A "Bubble" in PPP? that looks at some short term ideas to help "mitigate the downward trend" and predicts a change in the law firm business model over the long term:
Short term ideas: [See source site listed below]
Long term predictions: [See source site listed below]
Ultimately, MacEwen believes that due to increased demand (at least for Amlaw 100 firms), finding work won't be the problem. However, he sees the traditional model as being unsustainable based on the limits placed on things such as productivity (>2,400 hours?), rates (>$1,000 per hour?) and realization (>100%?). Because of this, if PEPP does suffer a downturn for an extended period of time, the long predicted changes to law firm dynamics may happen.
If this occurs in large law firms, it is incumbent on smaller firms to adapt quickly. The predictions above are all point towards efficiency that allow firm profits to increase through efficiency rather than increased rates and worked hours. Much has bee written about the "unmanageability of law firms". Despite this, firms have continued to make exceptional profits - due in no small part to their enviable margins. With good management, law firms can see profits that far exceed anything that firms receive currently. And if partner profits start decreasing, your firm will be in crisis - just as it is not a good idea to go to the grocery store on an empty stomach, it isn't a good time to contemplate an overhaul in processes during a crisis.
Much of the allure of smaller firms is quality service at a lower price. Some large firm partners charge rates in excess of $1,000 per hour. If large firms realize they can offer similar services at lower prices and still increase profits, smaller firms can be squeezed out of the marketplace.
Think Walmart…
For small and mid-size firms to compete in this changed environment, they will have to embrace workflow efficiencies that meet or exceed that of the larger firms - and use their "secret weapons" of personal engagement with clients and responsiveness. However, without the fundamentals of an efficient business in place, your firm will suffer under the weight of your processes.
There will always be individual clients available, but more dependable sources of income often come from business clients and their leaders. These clients are already demanding more cost certainty. If larger firms are able to provide this value to business clients first at a price that isn't so different than yours, your firm may be in trouble.
The time to act is now.
For related posts visit the source site listed below.
Full text and active links are available at the source site listed below.
Source: More Partner Income, 9 May 2008
The AM Law 100
From the site: “The results of the AM Law 100 are in and total revenues for the Am Law 100 firms have reached $64.5 billion! Law.com blogger and host, Bob Ambrogi talks to the experts about the AM Law 100. Bob welcomes Aric Press, Editor-in-Chief of The American Lawyer Magazine and Bruce MacEwen, a lawyer and consultant to law firms on strategic and economic issues and blogger for “Adam Smith, Esq.” On this edition of Lawyer2Lawyer, we will look at the AM Law 100, what goes into the research, discuss the final results, go back ten years to see how firms Revenue Per Lawyer has changed and look ahead to what the future looks like for law firms.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 8 May 2008
E-Discovery: Defining Documents -- Bye Bye Bates
From the site: “One of the most challenging problems facing litigators is how to work with the massive volume of digital documents produced during discovery. In the past, each piece of paper was stamped with a "Bates" number -- to help manage exhibits. But with digital files, no "pages" and no "Bates" number! Now files may be anything from Excel spread sheets to Word files, to e-mail, to iPod downloads! What to do? Listen as Monica Bay, editor-in-chief of Legal Technology News talks with Tom O'Connor, director of the Legal Electronic Document Institute (and a long-time member of Law Technology News' editorial advisory board) who says it's time to rethink how we process and review files. Hear about a simple step that controls costs, improves accuracy and could dramatically change the face of e-discovery. O'Connor also discusses this month's Louisiana Bar Solo and Small Firm Technology Conference in New Orleans -- designed to help practitioners affected by Hurricane Katrina and its aftermath. Both O'Connor and LTN's Monica Bay speak at the two-day event.
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The active links are available at the source site listed below.
Source: Legal Talk Network, 9 May 2008
In the news: “Failures to preserve and produce electronically stored information often occur when error-prone, manual e-discovery processes are used. A deeper understanding of how to evaluate EDD technology is needed to keep costs down, reduce risk and adhere to the Federal Rules of Civil Procedure.”
Source: Law.Com's Daily Legal Newswire. 9 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: “In every state's criminal justice system, special rules exist for cases involving young offenders (usually under 18 years of age). FindLaw for the Public's Criminal Law Center has information on the juvenile justice system, and tips on specific issues that arise in many juvenile criminal cases.”
Related Resources
• Browse FindLaw's Criminal Law Center
Source: FindLaw’s Public Advisor. 8 May 2008. Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
In the news: “Most new lawyers have a touch of the "imposter syndrome," the sense that they aren't competent to serve as professionals and the fear that they will make a serious mistake, which will end their careers. But while junior lawyers are not likely to commit any mistakes so large that their careers will lie in ruins, a healthy sense of caution is appropriate. Jones Day partner Steven Bennett offers a guide to some of the worst mistakes and suggestions for how to avoid these potential pitfalls of practice.”
Topics include covering up mistakes, abusing staff, badmouthing clients and firm administration.
Source: Law.Com's Daily Legal Newswire. 8 May 2008. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Allison Shields: “Last week I got a bit behind on my posts because I was catching up after having attended a conference in San Diego. I was privileged to have been invited to be a guest at a gathering of Primerus lawyers. I've attended many conferences organized by many different organizations both within and outside of the practice of law. Primerus impressed me for many reasons.
Primerus is an international alliance of law firms whose motto is, "We help good lawyers find good clients and good clients find good lawyers." (TM) I had the distinct pleasure of meeting the Primerus Founder and President, Jack Buchanan, who told me that he founded Primerus in response to the poor public opinion of lawyers. Disheartened by the decrease in respect for lawyers and the loss of honor and dignity in the profession, he started Primerus to seek out lawyers and law firms of the highest quality - particularly small to medium-sized firms. Each of these firms pledges their commitment to the Primerus "Six Pillars:"
[See the source site listed below for the list of “pillars.”
Aside from being impressed with the Primerus mission and its founder (and of course being exceptionally sympathetic to its founding principals), I was impressed by the quality of the lawyers that were a part of the group - both as professionals and as people. I applaud the efforts of Primerus and hope that they not only continue their excellent work, but that they inspire other lawyers to return to the honor and integrity of the legal profession.”
Full text and active links are available at the source site listed below.
Source: Legal Ease Blog, 7 May 2008
Posted by Robert J. Ambrogi: “Lawyer depression is one of those topics that seems to reappear on a regular basis here at Legal Blog Watch, and the latest sighting comes by way of an article this month in the California Bar Journal, "Depression Takes a Heavy Toll on Lawyers." Consider this excerpt:
According to a Johns Hopkins University study, lawyers suffer the highest rate of depression among workers in 104 occupations. A University of Washington study found that 19 percent of lawyers suffered depression compared to 3 percent to 9 percent in the general population. And a University of Arizona study of law students found that they suffer eight to 15 times the anxiety, hostility and depression of the general population.
Richard Carlton, deputy director of the State Bar of California's Lawyer Assistance Program, sees those numbers and says, "There's something about the practice of law that attracts a certain personality that is prone to experiencing these problems." But is it the chicken or the egg? Is it that law attracts people who are prone to depression or that those who choose law find themselves depressed by their work? As the California LAP's director, Janis Thibault, puts it, "I've never seen such a lonely profession -- the inability to connect with other people at a deep level because there's so much of an adversarial relationship."
Tim Willison, a licensed clinical therapist who works with the California bar, says that lawyers typically come to him in their 40s and 50s because the pressures they face have reached the boiling point. "It's cumulative," he says, "there's a creeping paralysis." How could anybody, he wonders, be happy in such a demanding, high-pressure job? His observations would seem to lend support to the theory that law tends to be a depressing job, as opposed to lawyers tending towards depression. Therapy, of course, is part of the answer for lawyers suffering from depression. But the article suggests that another route out from under depression might be for the lawyer to refocus on personal and interpersonal matters -- on personal growth, close relationships, helping others and improving their communities. Those who do that, research shows, tend to be happier and more satisfied with their lives."
The active link is available at the source site listed below.
Source: Legal Blog Watch, 7 May 2008
Posted by Stewart Weltman: “A good friend of mine (one of the finest complex litigators I know) and I sometimes joke that you could, if you wanted to, send a first year associate to take an expert deposition and get just about as good results as a senior partner - as long as the associate followed some key rules [several of which many attorneys constitutionally find hard to accept].
Continue reading "Expert Deposition Taking Made Easy"
The active link is available at the source site listed below.
Source: Lean and Mean Litigation Machine, 28 April 2008
Posted by Joshua Fruchter: ‘The Technolawyer blog recently undertook a review of four lawyer videos appearing on YouTube. The post evaluated the strengths and weaknesses of each video from the standpoint of marketing effectiveness, production quality and other criteria. For lawyers interested in using online video as a marketing tool, there are some great pointers on what to do and what NOT to do. Check it out.
The active link is available at the source site listed below.
Source: Lawyer Casting, 30 April 2008
Hat tip to Tom Mighell at Inter Alia