In the news: "Author
The five strategies include:
BE PROACTIVE...
DON'T OVER-DISCLOSE...
HOLD YOUR BOUNDARY DIPLOMATICALLY...
HEAD OFF NEGATIVE ASSUMPTIONS...
OFFER AN ALTERNATE SOLUTION...
Source: Law.Com's Daily Legal Newswire. 27 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Life after Lawyering
From the blog: "Freezing salaries and even layoffs are a couple ways firms are dealing with their present economic situation, while law students look ahead to a potentially grim future. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi ,as they welcome William D. Henderson, Associate Professor of Law at Indiana University Maurer School of Law and Attorney Paul J. Semenza, a Trial Attorney, formerly with the Law Office of Arthur E. Levine, to discuss life after lawyering. They will hear a real life story from a trial attorney who has experienced the ups and downs after a layoff and look at the present economy and its impact on law firms, large & small.
Right Click and Download Play Windows Media"
The active links are available at the source site listed below.
Source: Legal Talk Network, 26 February 2009
A Look inside
From the blog: "On this Legal TIPS program, co-hosts Attorney Gilda Mariani and Attorney Barbara Gislason, chat with Tort Trial and Insurance Practice Section ("TIPS") Chair Timothy Bouch about TIPS' diversity initiatives. And host Attorney Gilda Mariani explores the formation and development of one of TIPS diversity initiatives, the
Right Click and Download Play Windows Media"
The active links are available at the source site listed below.
Source: Legal Talk Network, 26 February 2009
But now, I've got some hard core evidence as back up my observations. The Charlotte Biz Journal reports that:
About 90 boutique firms and solo practitioners opened in
Most of the lawyers interviewed in the article previously worked at large firms and launched their own firms either by themselves or with another fellow expatriate. Oddly, however, few of the lawyers interviewed in the article said that they started their own law practices because their former law firms tanked. Instead, the reasons they offered for hanging a shingle are the same as they've always been: "a desire for more control over one's practice; better work-life balance; the freedom to work with smaller clients who might balk at big-firm billing rates."
At the same time, the article makes note of the downturn of the
As the saying goes, freedom's just another word for nothing left to lose. I'll be the first to admit that the freedom of solo practice is far easier to embrace when all other roads lead to nowhere. Of course, once you have your first taste of freedom, you may never want to go back."
The active links are available at the source site listed below.
Source: MyShingle, 26 February 2009
Posted by Tom Kane: "Although I have preached about the need to increase not decrease marketing budgets on this blog over the past month or more, let's be realistic - I say to myself - not every firm will follow that advice. Some have or will cut budgets no matter what. So, what's a poor rainmaker suppose to do.
Try to do more with your shrinking budget dollars Michael Fleischner at The Marketing Blog tells us.
How, you may ask? A few things Fleischer suggests include:
These actions don't have to cost a lot of money, and can be accomplished even if your marketing budget is limited."
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 26 February 2009
From the news: "In the constant competition for new clients, small plaintiffs firms are relying on pay-per-click marketing campaigns to increase their odds. Business models vary, with some firms using pay-per-click ads regularly, and other firms preferring more traditional marketing methods. What's more, there's disagreement over the effectiveness of pay-per-click campaigns. Some plaintiffs lawyers say they help boost targeted traffic to firm Web sites, but many say that pay-per-click can be time-consuming and expensive."
Source: Law.Com's Daily Legal Newswire. 27 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: "Eyes tired from reading? Sign up for Audio Case Files and have your casebook read to you!..
From CM Law Library Blog
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 26 February 2009
[Their] Source: Official Google Blog"
The active links are available at the source site listed below.
Source: ResourceShelf, 26 February 2009
From the e-newsletter: "For parents considering filing for divorce, or those who have already begun divorce proceedings, one of the most important considerations is the impact of divorce on their children. The "Divorce and Children" topic in FindLaw's
Read more...
Related Resources
• Family Law Center"
Source: FindLaw's Public Advisor. 26 February 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From an e-mail: "Visit the Law Day store to take advantage of the 10% early bird discount.
Be sure to purchase your A Legacy of Liberty themed products early, as many of the themed items sell out before May 1.
Best Sellers
New Products
Source: Email from Division for Public Education [abapubed@abanet.org], 26 February 2009
Here's the list, quoting Turow--
It's a good, quick summary of the key goals to which all cross-examiners should aspire.
Related posts:
1. "A Book All Trial Lawyers Will Want to Read"
2. "Cross-Examining the Liar at Trial: Two Absolute Prerequisites"
The active links are available at the source site listed below.
Source: The Trial Practice Tips Weblog, 24 February 2009
The active link is available at the source site listed below.
Source: Golden Practices, 16 February 2009
CIRCA January 25, 2005: Building the Service-Centered Firm
Welcome to this edition of GAL Radio brought to you by the Greatest American Lawyer Blog. This week, we are looking back to a post I drafted on January 25, 2005 called Building the Service-Centered Firm. The point of this post was that law firms are so focused on hourly billing that they forget that they are service firms, and that customer service needs to be a priority within the business model. If we are indeed a capitalistic economy, then why haven't law firms been more motivated to focus on client service? It seems that too many firms simply want to get people on their retainer agreements and bleed the client dry. So here's my rendition, my rereading of the post from January 2005 called Building the Service-Centered Firm:
Play GAL Radio"
The active links are available at the source site listed below.
Source: The Greatest American Lawyer, 26 February 2009
An informed democratic society needs open access to the law, but states' attempts to protect copyright interests in their laws are a major roadblock. This article urges broader access, analyzes the implications and legal arguments for and against copyright in the law, and considers strategies for access advocacy.
Several options available for retrieval of full text.
[Thrie] Source: Social Science Research Network (Katie Fortney)
The active link is available at the source site listed below.
Source: ResourceShelf, 25 February 2009
In the news: "As most IT professionals know, audio files are fully discoverable. They can paint a complete picture of an information exchange where, for example, a person is having a phone dialogue with a client and, at the same time, sending e-mails to another based on the telephone conversation."
Some of the topics discussed include:
HOW AUDIO E-DISCOVERY AFFECTS IT
KEY TECHNICAL CONSIDERATIONS
AUDIO DISCOVERY OPTIONS
Source: Law.Com's Daily Legal Newswire. 26 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
But, some people still look at twitter on the surface and conclude that it's one big waste of time. I can't say I disagree completely, however, like all social media and marketing tactics, before you can determine if something makes sense you need to analyze your objectives. So, instead of asking why you would use it, ask how it might help you achieve some other already stated objectives.
1) Would you like a way to connect and network with others in your industry or others who share you views? It's a good a tool for that.
2) Would you like a way to get instant access to what's being said, this minute, about your organization, people, products, competitors or brand? It's a good tool for that.
3) Would you like a steady stream of ideas, content, links, resources, and tips focused on your area of expertise or interest? It's a good tool for that.
4) Would you like to monitor what's being said about your customers to help them protect their brands? It's a good tool for that.
5) Would you like to extend the reach of your thought leadership - blog posts and other content? It can be a good tool for that.
6) Would like a way to quickly find vendors, partners, tech help, even employees for your organization? I can be a good tool for that.
7) Would you like to promote your products and services directly to a target audience? Not such a good tool for that, but it can light a path back to your web site!
Now, if that weren't enough, the open nature of the twitter platform is spawning uses far beyond what was ever imagined or what many people can grasp - and this use of the technology will only get bigger.
Here are few things you may have never considered
9) If you use online todo list Remember the Milk - you can set it up to flow into twitter - this might be a way to assign todos to remote teams
10) Using strawpoll you can create mini polls into your twitter stream - great for flash feedback
11) Use twitter to keep up on traffic jams with commuterfeed
12) Have twitter alert you when you have a meeting with timer
13) Get and fill current job openings with tweetajob
14) Track FedEx, UPS and DHL shipments with TrackThis
15) Get help quitting smoking
16) Keep a diet journal
17) Get a tweet when your plants need water - - okay this one would be way cooler if it simply tweeted you when the plant watered itself.
The active links are available at the source site listed below.
Source: Duct Tape Marketing, 26 February 2009
The first is to have a calculated date field that will tell you how old a person is without having to do the math yourself
The default shipping template has a date of birth field. Under it, or in some convenient place, create another field and make it a calculated field. Make it a text calculation and for the calculation put in:
'&AGE(DEFORMAT(CON:CON1_03_03,@D2)) &'
where "03_03" is the date of birth field and the operator is: Appended. The second field should be listed as Text, but left blank.
Note that if the date of birth field is not filled in, the person will be listed as being 2009 years old.
The second trick is displaying client photos. Create a directory in some convenient place and call it "photos" or "clientphotos." Create a Time Matters field that is a "launcher" field. In the "prefix" area put the location of the photos directory, for example c:\tmw9\photos.
I use the Picasa3 Photo Viewer which can be associated automatically with file types such as *.jpg or *gif. However, you can use any similar viewer as long as it is linked with the file types of the photos.
For each photo you want to view, put the name of the file in the field, such as "jhhead.jpg." When you click on the launch button the photo is launched in a nice large display, not a small thumbnail."
Source: Does It Compute?, 25 February 2009
Posted by Anthony Cerminaro: "Gill Corkindale shares this summary of what it takes to be a good leader:
1. Be aware...
2. Have a plan...
3. Build relationships...
4. Deliver...
5. Have integrity...
Full text and the active link are available at the source site listed below.
Source: BizzBangBuzz, 25 February 2009
Posted by Jack Covert and Todd Sattersten: "All the books in the 100 best, separated by chapter.
You
Improving your life, your person and your strengths.
Leadership
Inspiration. Challenge. Courage. Change.
Strategy
Eight organizational blueprints from which to draft your own.
Sales and Marketing
Approaches and pitfalls in the ongoing process of creating customers.
Rules and Scorekeeping
The all-important numbers behind the game.
Management
Guiding and directing the people around you.
Biographies
Seven lives. Unlimited lessons.
Entrepreneurship
Seven guides to the passion and practicality necessary for any new venture.
Narratives
Six industry tales of both fortune and failure.
Innovation & Creativity
Insight into the process of developing new ideas.
Big Ideas
The future of business books lies here.
Takeaways
What everyone is looking for."
Book titles and authors are available at the source site listed below.
Source: 100 Best Business books of All Time, no date listed
In the news: "While the billable hour is still alive and kicking, legal bloggers are opining on some of the more nefarious means of separating clients from their hard-earned cash. And we're not talking about bill padding, but good old-fashioned, fraudulent overbilling. For instance, Bitter Lawyer features the anonymous Philadelphia Lawyer's list of eight routine overbilling scams. Even in these tough economic times, don't use these tips unless you really don't like your job -- and your bar membership."
The pared down Philadelphia Lawyer's list of eight routine overbilling scams that litigators (sorry corporate folks) can use to put their timesheets on a PED-only program. Without further ado:
1. Tell clients they're more exposed than they actually are.
2. Embrace document review, the mother lode of law firm billables. Hire temp or staff attorneys and bill the client at normal associate rates.
3. Raise your hand and "volunteer."
4. Don't be afraid to double dip..
5. Be a jackass.
6. Cut-and-paste, but act original. A
7. Let clients play lawyer if they want, even if they're spouting nonsensical arguments that would never hold up in court.
8. Big words = big bills.
Source: Law.Com's Daily Legal Newswire. 25 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the site: "Join In-House Legal, host Paul D. Boynton Esq., as he tackles two hot legal topics! In our first segment, Paul welcomes Rees Morrison, a consultant from Rees Morrison Associates, to discuss leading edge practice management tools for in-house law departments. In our second segment, Paul speaks with Jane Allen, President of Counsel on Call, who will explore the effect the economy is having on in-house departments and law firms with highlights for areas of greatest potential for cost savings.
Right Click and Download Play Windows Media"
The active links are available at the source site listed below.
Source: Legal Talk Network, 24 February 2009
Posted by Carolyn Elefant: "Over the past nine months or so, Twitter, a micro-blogging service that enables users to communicate with each other in 140-character spurts has steadily gained traction with lawyers. Some lawyers regard Twitter as a bit of time-sink in an age of information overload, while others revere its immediacy and use it largely for business purposes. I'll admit that initially, I too was skeptical of certain aspects of Twitter, though it's since grown on me as I've become a regular user.
But that's just me. As for you, to Twitter or not to Twitter? That is the question that I'll address in this post. But before I evaluate the pros and cons, I'll begin with a quick description of what Twitter is, how it works, and how lawyers are using it for marketing and other purposes.
1. What is Twitter?..
2. Getting Started..
3. So, is Twitter for me?..
Continue reading "To Twitter or Not To Twitter? That Is the Question for Lawyers" »
The active links are available at the source site listed below.
Source: Nolo's Legal Marketing Blog, 23 February 2009
From the blog: "A recent article from The Wall Street Journal examines how plaintiffs in job-discrimination cases fared in Federal Courts. The article states that these plaintiffs lose more often and have their cases thrown out more often than do plaintiffs of other types of cases.
From WSJ.com: Law Blog"
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog,
24 February 2009Posted by Rick Borstein: "Here's an update to my movie page. Added:
1-hour Redaction and Metadata Removal eSeminar
Using the Typewriter tool to type on a PDF
Get up to speed on legal features of Acrobat fast!
Go the complete article for a list of about thirty additional how-to movies and eSeminar recordings.
Get this via email?
Make sure you click on the article title to go to my blog . . .
The active links are available at the source site listed below.
Source: Acrobat for Legal Professionals, 12 February 2009
Someone that I am related to -- and out of a sense of family harmony I am not going to name names -- recently disposed of an old computer. This family member was appropriately concerned about making sure the hard drive contents did not fall into the wrong hands, and so he/she took care to make sure that did not happen.
How?
He/she buried the hard drive in the back yard.
Leaving aside the myriad ecological, not to mention legal and psychological, concerns that arise as a result of this behavior, most of us aren't too sure what to do with old computers and other electronics. At most you should be on a 48 month cycle of replacement for desktop computers and 36 months for laptops (if you are reading this on a seven year old laptop I am covering my ears and shouting la-la-la-la-la-la-la); even if you have only one computer in your office you'll be disposing of hard drives regularly enough to find a better solution than reaching for the nearest shovel.
Disposing of old computers really involves two separate activities -- 1) wiping the hard drive of all personal information and 2) getting rid of the hardware.
As far as wiping the hard drive, there are several programs out there that get the job done, but the one that pops up most often in my discussions with other geeks folks interested in technology is DBAN (Darik's Boot and Nuke) for PC's. Mac's OSX operating system contains much the same functionality built in withDisk Utility.
If a drive wiping program doesn't provide enough security for you, Fox Mulder, uber-legal techie Ross Kodner mentioned recently that just pulling the hard drives and storing them physically in perpetuity was as safe as it gets (assuming you think the lock on your office door is more secure than a software program).
As for the hardware itself, start by looking for a place to donate it; there are lots of schools and nonprofits that would love to have your old machines. In my neck of the woods, the Kramden Institute is one of those places. I'm sure there are bunches of places near you, too. It's a win-win: you get rid of the junk and get to help make the world a better place in the bargain. For a more comprehensive run down of how to get rid of almost anything electronic, check this excellent article from the Unclutterer.
Whatever you end up doing with your old hard drives and hardware, it's gotta be better than digging a hole."
The active links are available at the source site listed below.
Source: Law Practice Matters, 25 February 2009
In the news: "Law firm mergers, delayed start dates and rescinded job offers are rattling even the most positive and self-possessed law students and attorney job seekers. Although it may seem counterintuitive in this environment, candidates should, as Horace said, "be bold and valiant" to succeed, according to Steve Langerud, University of Iowa College of Law's assistant dean for career services. Like investing in a down market, the reward for taking the risk to seek that dream job may be stunning, according to Langerud."
Topics discussed include:
THE BASICS
ACCURATE MARKETING
ASKING FOR HELP
TELLING THE STORY
Source: Law.Com's Daily Legal Newswire. 24 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
The active link is available at the source site listed below.
Source: Chuck Newton Rides the Third Wave, 22 February 2009
From the blog: "The risk factors for heart disease are well-established: high cholesterol, high blood pressure, smoking, diabetes, abdominal obesity, and sedentary living. Earlier this year, though, New York Times health columnist Jane Brody reported that researchers are unraveling the biochemical reasons for most heart attacks, and the advice for avoiding them is changing ... and may surprise you.
Brody reports that a relatively new factor has emerged that may be even more important as a cause of heart attacks than, say, high blood levels of artery-damaging cholesterol. That factor is C-reactive protein, or CRP. She writes that it is a blood-borne marker of inflammation that, along with coagulation factors, is now increasingly recognized as the driving force behind clots that block blood flow to the heart.
The Times columnist reports that the heart-healthy Mediterranean diet is especially effective at reducing CRP, and that among the most helpful foods are cold-water fish (salmon, tuna, mackerel), flax seed, walnuts, canola oil, and canola-based margarine. Other aspects of the
Brody quoted Dr. Michael Ozner, medical director of the Cardiovascular Prevention Institute of South Florida, as saying, "When the diet is stripped of lots of processed floods, you ratchet down inflammation", the driving force behind clots that block flood flow to the heart.
In fact, one study found that within four years, the so-called Mediterranean approach reduced the rates of heart disease recurrence and cardiac death by 50 to 70 percent when compared with the traditional heart association diet."
Source:
Even though you know principle, you must make yourself perfectly free in the use of technique. And even though you may wield the sword that you carry with you well, if you are unclear on the deepest aspects of principle, you will likewise fall short of proficiency."
The active links are available at the source site listed below.
Source: Defending People, 19 February 2009
Posted by Tina Hilton: "The phrase goes, "a jack of all trades, master of none." This doesn't necessarily instill a whole heck of a lot of confidence now does it? As part of my day, I find myself reading a lot of blogs and forum posts concerning business and especially as it relates to virtual assistance. I recently read a post concerning the myriad of services that many virtual assistants find themselves offering, and why it's not necessarily a bad thing. It caused me to stop and think about just how that may be interpreted by potential clients and those outside of the virtual assistance industry.
As someone looking for a virtual assistant, would seeing an extremely long list of services cause you to be suspicious of just how good one person could be at all of them? Does it make you more comfortable to see just a small list of offerings, figuring it means they are more experienced in those few items? Let me share a little something with you that may change the way you think.
...
A virtual assistant brings more value to you because you're benefitting from all of the knowledge they've gained through job, training and personal experience. I don't offer services that I don't feel 100% confident in, and I'd imagine that's the way most VA's operate as well.
So rather than cringing when you see a long list of offered services, just see it as a better chance of finding services that will fit your needs. Perhaps when it comes to virtual assistance it's not a 'jack of all trades' it's more like a 'master of multi-tasks'."
The full text of this post is available at the source site listed below
Source: Home Office Warrior, 17 February 2009
In the news: "The worst economic crisis in years is forcing everyone to look for ways to save money, and general counsel are no exception. Some are cutting their internal expenses -- not filling an open position, for example, or reducing the travel budget. But the main place that many GCs hope to save money is in their outside counsel spending. So they're dropping law firms, and demanding lower bills and fixed fees from the ones they keep. Top GCs explain how law firms can hold on to their business."
Source: Law.Com's Daily Legal Newswire. 24 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Discrete Interrogatory Subparts under Rule 33
From the site: "Litigation Podcast: Tips & Tactics for the Practicing Trial Lawyer
Interrogatories during the discovery process can be terribly frustrating. Despite the frustration interrogatories can serve a vital purpose when properly used, helping to assemble information in preparation for depositions and to narrow issues for trial.
Download this podcast
The active link is available at the source site listed below.
Source: Litigation Practice, 24 February 2009
People with Disabilities under the Obama Administration
From the site: "According to the US Census Bureau, 54 million American personally experience some form of disability. Ringler Radio host, Larry Cohen welcomes Andrew J. Imparato, president and CEO of the American Association of People with Disabilities to discuss living with disabilities under the new administration. Hear about the AAPD and its mission, President Obama's efforts to empower people with disabilities and and how structured settlements can help."
Right Click and Download Play Windows Media
Source: Legal Talk Network, 23 February 2009
The Digital Edge: Lawyers and Technology
Podcast Series: 16th Edition:
From the site: "Jim Calloway and Sharon Nelson discuss social networking for lawyers, focusing on the use of Twitter and Facebook. Social networking sites: http://twitter.com http://www.lextweet.com http://www.facebook.com http://www.linkedin.com http://www.plaxo.com
Download Podcast
The active link is available at the source site listed below.
Source: Law Technology Today, 17 February 2009
[Their] Source: Federal Advisory Committee on Juvenile Justice
The Federal Advisory Committee on Juvenile Justice (FACJJ) has published its 2008
The active link is available at the source site listed below.
Source: Docuticker, 23 February 2009
Posted by Paul Luvera: "In preparing for jury selection in a medical products liability case, I started by creating an outline of things I wanted to keep in mind. I did this early in the preparation process in order to keep me focused. My goal was to keep the concepts brief and on a single sheet of paper. Here is the start of the outline which was then refined as the preparation progressed. This is offered as simply an example of how one can do this in a simple manner:
Note: Keep in mind the following:
On cross ask: "would you do it all over again?"
Emphasize:
1. it was preventable, avoidable and inexcusable
2. it was needless, senseless and thoughtless
Jurors ask themselves:
a. what the issues in this case?
b. why is this case important?
c. what will the verdict mean to me?
d. what will the verdict mean to the parties?
Continue reading this interesting post at the source site listed below.
Source: Plaintiff Trial Lawyer Tips, 13 February 2009
Posted by Chuck Kallendorf: "The Ohio Supreme Court earlier this week announced amendments to rules governing the appointment of counsel for indigent defendants in capital cases.
In
More information in general & on the
In
The amendments split former Sup. R. 20 into separate specific rulers for purposes of clarification, give the Rule 20 Committee the ability to adopt best practices for representing indigent death penalty defendants, and mandate that continuing education for certified attorneys has to include the best practices adopted by the committee.
Comments will be entertained until March 17th. and should be submitted in writing to: Tammy White, Attorney Services Coordinator, Supreme Court of Ohio,
Rule 20 amendments
Current Rule's reading
ORC 2929.04 (A) "Criteria for imposing death penalty/imprisonment for capital offenses"
The active links are available at the source site listed below.
Source:
"Summary
Update (7 pm, 2/19/09) More comments below, with links to additional NC Bar resources and
Update (4:00 pm, 2/19/09) Apparently, the survey has overlooked some of the bar's important features. In the comments, you will see that the MN bar also offers a site at practicelaw.org - though that is different from the MN Bar site listed in other places. I've also received a call from the NH bar that they do offer many services, but due to password protection, they're inaccessible. Likewise,
It's been a long, long time coming, but I am finally ready to unveil one of MyShingle's flagship features, The Bars, Reviewed 2009, a survey of resources for solo and small firm lawyers offered by the 50 state bars, plus the
Back in 2002, when I first survey, I concluded that the bars were serving the needs of solos and small firm lawyers fairly well. At that time, most bars had a robust web presence (at least for that time period) and offered a variety of online guides and forms to help solos get their practices off the ground. Unfortunately, times have changed, but most bar associations haven't. In the six years that have transpired between the two surveys, there hasn't been much progress at the bar sites. True, most of the solo guides remain online, but few have been updated to reflect new developments like outsourcing, social media or software as a service tools.
The active links are available at the source site listed below.
Source: My Shingle, 19 February 2009
Business or competitive intelligence (CI) can deliver value to an organization only when it drives decision-making. Without a clear intelligence-decision link, business intelligence becomes little more than information research. And we all know that the last thing businesses need is more information.
Many organizations, however, have spent substantial time and effort building a business intelligence capability only to struggle with acting on the intelligence gathered. Often, competitive intelligence fails to include actionable insights that decision-makers can put to use. Other times, intelligence points to a range of decision options, but decision-makers either cannot choose from them, or do not effectively execute the decisions they settle upon.
How then, to ensure that business intelligence drives decision-making?
[Their] Source:
The active link is available at the source site listed below.
Source: ResourceShelf, 22 February 2009Here are five trends that are emerging in the face of the largest job-loss numbers in the last four decades.
1. Being cost-conscious is cool...
2. An increasing backlash against baby boomers...
3. More Sex...
4. Women are earning all the money...
5. Companies are finding more cost-effective ways to recruit..."
The full text of this post is available at the source site listed below
Source: Penelope Trunk's Brazen Careerist, 20 February 2009
e-Discovery & Preservation Obligations - Getting Ahead of the Game!
From the e-newsletter: "Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents."
Electronic Discovery: Separating The Wheat From the Chaff
From the e-newsletter: "Discovery burdens in civil litigation are growing exponentially. There are a variety of driving factors, including the sheer magnitude of electronically stored information (ESI) and relatively recent amendments to the Federal Rules of Civil Procedure that force assessment and handling of ESI early in litigation."
Read more...
Related Resources
• eDiscovery Rule Wizard
Source of both articles: FindLaw's Modern Practrice. 20 February 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
This was the second webinar I've done where we aligned twitter response with the programming (the first was with Lexblog on law firm seo). Some of the decisions were made in advance, such as finding an unused #hashtag (in this case, #lpmsm) for tracking the discussion. We also had JD Supra's Communication Director Adrian Lurssen (aka JDTwitt ) sign on to 'live tweet' the discussion. Both of these were critical to facilitating the online portion of the event.
Looking back, I also noticed that my personal tweeting went almost silent. Some of the other presenters did a better job of multitasking the discussion with web interactions (everyone did slow to some extent); but it was a good takeaway - talking & tweeting aren't an easy task.
Another interesting aspect for me was the capture of discussion post-event. The obvious solution would be to read all those entries using the twitter hashtag search linked above. But the better alternative, IMO, would be to head over to LegalTweets.com and let Nicki Black filter the discussion for you.
If you haven't come across Legaltweets.com in your online travels already, I highly recommend it. These topical roundups are especially wonderful after-the-fact. If the conversation is taking place right now, then the best method is still to run the hashtag search, but otherwise... a discussion roundup like this is the perfect time saver.
For those still not understanding the value of twitter, I also can't imagine a better starting point than a site like this that makes conversation streams so clear.
By the end of the day, I really felt like we had the full circle event - good planning, somewhat planned and uncontrolled web discussion (that's good, btw), followed by filtering and knowledge capture. I also suspect we're reaching the tail end of CLE events existing without web participation.
If we're not done already, we will be soon. And I don't think that's a bold prediction."
The active links are available at the source site listed below.
Source: Slaw, 20 February 2009
The active link is available at the source site listed below.
Source: Future Lawyer, 20 February 2009
... Regardless, I love this song and this performance. Like most of my favorite music, it's live. Unless you are a performer yourself (dare I call myself a musician), it's hard to explain the appeal of live music. There aren't multiple takes to get it right, there are always moments where you try something different (and it's risk, and if you're talented and good, it usually pays off), and there's less chance the sound processing strips the emotion away from the song, etc.
Here's the point, this song starts with just the singer and the piano and very little sound effects. The raw power of the voice is undeniable and then it builds. Underwood totally sells her investment in the melody and lyrics (a must for a torch song like this) and by the time she begins bringing it home (watch the whole thing, but the link is for minute 2:34), you can see that the performance has taken on a life of its own.
I took some ribbing from a friend as I was writing this post, and maybe listening to Carrie Underwood demands ribbing, but I honestly believe that there are lessons of life here.
These are mine:
Passion matters.
Taking risks is essential.
Torch songs are always in vogue.
Being "bouncy" while you do what you're good at will always get you applause.
The active link is available at the source site listed below.
Source: Another Thing to Do, no date given
Posted by Tom Kane: "Every lawyer is different from every other lawyer, just as every case is different in some way. Too many clients or potential clients don't know that. In fact, many think lawyers are pretty much all alike.
Thus, it is very important that when it comes to marketing that you set yourself apart from the crowd. To do this, you need to identify those characteristics, talents, processes, experiences, etc. that are uniquely you, and make sure that you let your existing clients, referral sources, and prospects know what those are, and why they are important.
Thanks to my friend Trey Ryder for his article in his recent newsletter that suggests several ideas that a lawyer can consider to identify their individual traits in three primary areas, to wit:
Take a look at Trey's "only" statements (i.e., I am the only lawyer/law firm that....etc.) and see if they help you uncover your distinctiveness, and then make sure your marketing efforts - i.e., written materials, elevator speech, biography, business development pitch, etc., reflect that uniqueness."
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 19 February 2009
"Hi, my name is Erik and I am a practice management advisor.
Hi, my name is Erik and I am the Director of the Center for Practice Management of the
Hi, my name is Erik and I help lawyers and law firms become more profitable by using technology, marketing and management innovations.
Which of those three introductions helps a stranger learn and remember what I do the best? The first details what my career is called to people in world of bar associations. The second explains what my title and organization are called. The third says who I help, what I help them do, and how. I'd vote for the third.
Now let's try it for your job:
[See source site below for the exemplar dialog]
Successfully developing business for your practice (whether you are a solo practitioner or a first year associate in 2000 lawyer mega firm) depends on people knowing who you are, what you do and who you do it for. The most basic step in getting people to know those things is the elevator pitch.
An elevator pitch, as you probably know, is a brief description of who you are, what you do and who you do it for compressed down into a soundbite small enough to be delivered on an elevator ride. You use your elevator pitch when you are meeting someone for the first time in a work setting. The more clearly and concisely and memorably you convey your pitch the more likely the hearer is to remember it after your conversation ends.
From their blog: "Brown v. Board of Education with a whopping 16,868 citations! Think you can guess any of the other top 50 from HeinOnline's list?"
From CM Law Library Blog
The active links are available at the source site listed below.
Source: Moritz Legal Information Blog, 19 February 2009
Click here to listen to all seven speakers
The active link is available at the source site listed below.
Posted by Sabrina Pacifici: "LLRX Book Review by Heather A. Phillips - Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States - Heather A. Phillips discusses author Hiroshi Motomura's insights into changing views on this experience, including the status of immigration as contract, and that of immigration as affiliation."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 February 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
In the news: "Tweets on Twitter failed to impress Kelly D. Talcott of Edwards Angell Palmer & Dodge until the legal blogosphere began singing their praises. Talcott now finds Twitter to be an effective content delivery system for law firms, well worth the time if you employ a few key tools and tactics."
Topics discussed include:
GETTING STARTED
NOMENCLATURE
FISHING FOR INFORMATION
INVOLVED IN THE CONVERSATION
Source: Law.Com's Daily Legal Newswire. 20 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newsletter: "Whether you are thinking about starting a small business, or have been running your own enterprise for years, FindLaw's Small Business Center can help -- with information and resources on incorporation, employment law, day-to-day operations, and much more.
Source: FindLaw's Public Advisor. 19 February 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
In the news: "Layoffs at large law firms may be grabbing the headlines, but some small and midsize firms are also making tough decisions on how to survive the current economic crisis. From reining in daily expenses to refocusing their practice areas to fields still generating business, these firms are challenged to meet the shifting needs of clients while ensuring themselves the revenue they need to stay afloat. Meanwhile, some solo practitioners are feeling the crunch even more than their small-firm counterparts."
Advice for getting through hard times.
1. Don't take every case that walks in the door.
2. Try to determine a reasonable litigation budget up front.
3. Consider related practice areas.
4. Offer free consults by phone if possible to pre-screen clients before you meet in the office.
5. Pay attention to your "health account" as much as your "bank account."
6. Be nice to the people you meet on the way up; you'll meet them again on the way down.
Source: Law.Com's Daily Legal Newswire. 19 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Okay, once more: there are redaction tools built into Adobe Acrobat 8.0 and 9.0. If your law firm doesn't have either of these versions it's time for an upgrade. Oh, and don't forget to train your lawyers and staff on how to do proper redaction."
The active link is available at the source site listed below.
Source: PDF for Lawyers, 12 February 2009
This post isn't meant to address any one of these platforms specifically, but rather to give some general hints about maximizing your online presence in whichever area you choose. Since the purpose of joining most of these sites is to get business, either directly or through referrals, keep in mind that 'client' below can refer to referral sources or other connections as well as clients.
5 Ways to Make the Most of Your Online Profile
Use the words your clients use...
Include a photograph...
Show, don't tell...
Be as complete as possible...
Participate..."
The full text of this post is available at the source site listed below
Source: Legal Ease Blog, 18 February 2009
Posted by JD Hull: "The panel will kindly note she's had several seconds to answer. Nothing further. And I will sit down. In international arbitration and mediation, first-language barriers can be the least of the challenges for your client. Consider, too, subtleties like the meaning of the "delayed answer" to a question. In one culture, delay means hesitancy and evasiveness (e.g., to most Westerners); in another, it may denote careful consideration of the question, and a sign of respect to the questioner.
In IDN No. 61, GE's in-house counsel Mike McIlwrath interviews Australian mediator Joanna Kalowski for the second time (see IDN No. 44). Kalowski, who works out of both
Their 25-minute discussion, "Public Consensus Across Cultures", just taped on February 13, is part of McIlwrath's award-winning interview series on International Dispute Negotiation sponsored by the International Institute for Conflict Prevention & Resolution, or CPR."
The active links are available at the source site listed below.
Source: What About Clients?, 16 February 2009
Posted by Darren Rowse: "In this post Isaac Sweeney shares some rules of writing that I think many of us as bloggers will benefit from. Isaac teaches at the
Whether it's blogging, a novel, a newspaper article, a screenplay, or a poem, some writing rules are universal.
1. Revise...
2. Proofreading: It's "Definitely," Not "Defiantly..."
3. Structure Matters: Beginning, Middle, End...
4. Don't Be Afraid of Change...
5. Revise: I'm Repeating it on Purpose..."
Full text and the active link are available at the source site listed below.
Source: ProBlogger, 13 February 2009
Here's what else they have in common: there's nothing between what the attorney-authors write and what their prospective readers read.
In short, none of these firms (publishers) applies Total Quality Management to their operations.
Does it matter? You bet!
Clients want quality, and when you charge fantastic fees for your services, they have every reason to expect it.
What about prospective clients, the ones you've been trying to attract?
They want quality representation at a reasonable price. You certainly don't want your blog to leave them with the impression they can't get that from you.
Think of it -- how do prospective clients evaluate you and your firm? How do they decide to hire you, rather than someone else?
In large part, their decisions are based on impressions.
If you publish a blog that's read by prospective clients, it will affect their impression of you. As they read it, they'll decide your firm pays attention to detail, or it doesn't; that it values quality, or not. And they'll notice that your firm reviews its attorneys' works, or can't guarantee what they're doing.
In short, if you're going to function as a publisher, act like a publisher -- put an editor between what your attorney-authors write, and what your prospective clients read."
The active link is available at the source site listed below.
Source: Set in Style, 18 February 2009
Posted by Carolyn Elefant: "Increasingly, lawyers are becoming familiar with the benefits of adding online video to a Web site. But now mediators are following suit as well. As Diane Levin points out at Mediation Channel, mediators are now using video to advertise their service, and more importantly, to educate others on how mediation works. Case in point: this video, by
The active links are available at the source site listed below.
Source: Legal Blog Watch, 18 February 2009
In the news: "Judith Flournoy, CIO at Loeb & Loeb, knows that moving a data center is a complex and expensive project, but one that is often necessary to meet business continuity objectives. After reviewing co-location facilities, she and her IT staff chose Thomson Reuters to host their systems."
Source: Law.Com's Daily Legal Newswire. 19 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Robert J. Ambrogi: "Valentine's Day has come and gone, but the question psychologist Fiona Travis raises is a perpetual one: Would someone have to be crazy to marry a lawyer? "It's not that lawyers lack relationship-building skills," she writes in a post at the blog Lawyer Avenue. "But, overworked, overburdened and squeezed by time -- and now, the worst downturn in two decades -- lawyers do exhibit communication and intimacy breakdowns peculiar to their education, their professional training and work environment."
And that is one of the nicer things she has to say about lawyers as marriage prospects. Consider:
[Four interesting points are available at the source site listed below]
She's convinced me: Lawyers make lousy lovers. If anyone reading this is considering marriage to a lawyer, turn and run now. Travis makes this abundantly clear. That is her point, right?
But wait. Turns out Travis is married to -- you guessed it -- a lawyer. On top of that, she is the author of a book about how to succeed in such a marriage: Should You Marry a Lawyer: A Couple's Guide to Balancing Work, Love & Ambition. As it further turns out, the point of her post is not necessarily to counsel against marriage to lawyers as much as to counsel lawyers on how to be better spouses. So there is hope, after all, for star-crossed lawyers.
If you are interested in her advice about marriage, I will leave you to read her full post. I will tell you a slight spoiler. It boils down to this: The bedroom is not the courtroom. What works in the latter will fail in the former. Unless, of course, your spouse is also a lawyer."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 17 February 2009
Posted by Penelope Trunk: [The story of a hectic morning precedes this excerpt]
..."The research shows that there are a lot of benefits to workplace hugging. First, a hug from someone you are friendly with can release the feel-good brain chemical, dopamine, which improves your mental and physical health.
Also, if you hug people you are less likely to touch yourself. Not touch yourself like you're probably thinking. Because presumably, you can control that at work. But touch yourself like, nervous touching - your hands, your hair, biting your nails. These are all weird quirks for the workplace that make you look anxious at best, and a liar at worst.
Huggers also benefit their workplace by making the atmosphere more casual and relaxed. The Society of Human Resources says that younger workers frequently hug each other - probably because they are less uptight about outdated sexual-harassment hoop-la emanating from older workers.
So if you feel like hugging someone, go for it. And I'm not saying that you should drink in the morning, but I am saying that drinking made me try something I wouldn't have normally done, and it turned out to be a good thing. And I gave my house manager a hug for suggesting it."
The active links are available at the source site listed below.
Source: Penelope Trunk's Brazen Careerist, 17 February 2009
'This week, Ed discusses how written engagement agreements are a necessary part of an attorney-client relationship. Just weeks after the New York Times wrote about the hot issue of lawyer fees, Ed describes various ways that lawyers can collect fees.'"
The active link is available at the source site listed below.
Source: Law Biz Blog, 17 February 2009
11. Failing to assert control over the witness and the opposing counsel...
12. Neglecting the documents...
13. Taking too long...
14. Failing to learn from your mistakes...
15. Failing to incorporate your completed deposition into your overall trial plan...
And that's it: the fifteen ways that you can ruin your a deposition. But that's not going to happen to you, now is it?"
The full text and active links are available at the source site listed below.
Source: The Trial Practice Tips Weblog, 17 February 2009
However, what I think is not what everyone in the world thinks is important. Regardless, I will try to justify my priority list:
A customer service experience is certainly complicated. Different customers enter into different customer service experiences with their own unique priorities. As a company, it is essentially impossible to understand each and every one of these unique priorities, but you can make a judgement about what your customer service experience priorities are and then design the processes in your customer service department to support those priorities."
Source: Service Untitled, 10 February 2009Posted By Tom Kane: "It is very tempting to take whatever legal business comes over the transom in a down economy. Heck, if the firm's normal business is slow, some lawyers might be tempted to take whatever work comes along. Wrong!
It is the worst time to start diluting your brand. Better to crank up the marketing to get more visibility in the industry or practice area you are known for. Otherwise, it will take longer and cost more to restore your niche when things start turning around.
Sara Holtz agrees in her post "Don't be tempted to abandon your niche" on her Women Rainmakers bLAWg. According to Sara, if you broaden your marketing efforts because times are tough, it will hurt you in several ways:
It is smarter to stick with your niche strategy, rather than diluting it just because the economy is down."
The active links are available at the source site listed below.
Source: Law Marketing Blog.com, 17 February 2009
Posted by Jordan Furlong: "The End of Lawyers? by Richard Susskind (
This is an enormously important book, and if you have any interest or stake in how the legal marketplace will operate in future, you have to read it. The End of Lawyers? provides a sweeping assessment (and in places, an indictment) of today's legal services landscape and describes the architecture of the systems that will replace it. It identifies the pressure points where the legal services marketplace is poised to fracture and describes the forces that will cause the breaks. But what really stands out about The End of Lawyers? is its comprehensive depiction of a profession undergoing massive transformation - it provides a unique panoramic view of a legal marketplace in unprecedented flux. We talk a lot about "visionaries" these days, but in the legal profession, nobody seriously competes with Richard Susskind for that title, and this book shows why.
Now, I'm a little late to this party -- many other people have written excellent reviews already, most recently this incisive commentary by Mitch Kowalski at the Legal Post. Others have also covered this terrain very well, including Bruce MacEwen, Jim Hasset, Nick Holmes and Ted Tjaden, as well as numerous consumer reviews at the Amazons of the world. Accordingly, while I'll provide an overview of the book's contents, strengths and weaknesses, I'm going to try focusing more on what the book represents in the history of legal innovation (answer: a watershed) and its implications for the legal profession's evolution (answer: potentially shattering).
The End of Lawyers? relates how technology (especially the Internet), collaboration, globalization, and other forces are changing the fundamental rules by which legal services are bought and sold. The book is characterized by several key observations about how the legal marketplace is being transformed, with three especially significant ones:
And this really is just a sampling - only an actual précis of the contents could convey everything that the book suggests. The details and depth in which these and other observations are explained and illustrated, with ample use of current examples, should be enough to persuade most readers that these trends are real and they are irreversible. But over the course of the book, Richard makes other observations that can fairly be called eye-popping - they open the mind to possibilities that none of us have been pondering: Read More »
Full text and active links are available at the source site listed below.
Source: Law 21, 10 February 2009
I placed that word in quotation marks, because these "pitfalls" are relatively minor and can easily be accommodated. The main pitfall mentioned is that "a lot of software is Windows-only." However, as has been discussed many times on this blog, virtualization software (among other options) allows you to easily run any Windows software on your Mac.
[His] Source: "Should lawyers switch from their PC to a Mac? Part II: The pitfalls" by Sylvia Hsieh, published in the Wisconsin Law Journal.
The active links are available at the source site listed below.
Source: The Mac Lawyer, 18 February 2009
In the news: "As the country faces an economic downturn, law firms and corporations are forced to take actions such as downsizing and mass layoffs as cost-cutting solutions. As a result, employers and employees are struggling with a multitude of challenges, and a proactive solution is needed immediately. The key is strategic planning, says lawyer and business development professional Melanie A. Klinghoffer. She outlines a three-part plan designed to focus on an organization's most valuable asset: people."
Topics discussed include:
COACHING SENSITIVITY
TRANSITION PLANS
THOSE WHO REMAIN
Source: Law.Com's Daily Legal Newswire. 17 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the site: "On this Workers' Comp Matters program, host Attorney Alan S. Pierce and Attorney Michael I. Fish, founding member of the Birmingham insurance defense law firm of Fish Nelson, LLC, will talk about the "F" word-fraud. It is something that makes workers comp attorneys on both sides of any case cringe. They will highlight employer fraud and hone in on premium misclassification and failure to obtain coverage by citing real life cases.
Right Click and Download Play Windows Media"
The active links are available at the source site listed below.
Source: Legal Talk Network,
13 February 2009+ Cross-Border Investigative Due Diligence: The Look Before You Leap Imperative...
While the webcast mentioned here doesn't seem to be available online anymore, the associated summary white paper -- Cross Border Investigative Due Diligence (PDF; 120 KB) -- is still available for download.
+ The Top 10 Myths of Human Capital Due Diligence...
Download the attached article (PDF; 355 KB) to learn about the Top 10 Myths of Human Capital Due Diligence, and how your company can do its best to increase the likelihood of achieving expected strategic goals from M&A.
+ IT Due Diligence Is Fundamental for Post-Merger Synergy...
To learn about identifying synergies effectively during the due diligence process, download the attachment (PDF; 155 KB) below.
You'll also find a link to a booklet -- M&A Lies (And why they're sometimes true). It can be ordered online or downloaded as a 17-page PDF (1.3 MB). There's also a link to Deloitte's Merger & Acquisitions Library.
+ Old Habits Die Hard: Why a Revised Approach to M&A Due Diligence is Key...
To learn more, click on the attachment below to download the full article (PDF; 159 KB).
We also found a few items of related interest at academic websites, such as:
And we found a few potentially useful checklists at Findlaw.com:
+ Buying a Business: Due Diligence Checklist ...
+ Due Diligence Checklist - Going Public...
+ Due Diligence Checklist - Being Acquired...
Full text and active links are available at the source site listed below.
Source: ResourceShelf, 16 February 2009
Posted by Robert Ambrogi: "The current issue of the Boston Bar Journal (PDF) is devoted to Web 2.0. It includes a brief essay of mine, "The Future of Online Networking" (page 18 of the journal and page 20 of the PDF). The gist of my essay is summed up in this:
The future of these sites, at least within the legal profession, promises more than mere connections. Networking will remain a key part of the picture, but as more sites compete to serve the legal profession, they will offer more diverse and practical suites of tools.
Networking sites will morph into broader, online communities for legal professionals. Along with connections, they will offer community, content and collaboration. They will be places where lawyers will not simply network with each other, but also work with each other and share resources with each other in more substantive ways.
The Boston Bar Journal is the magazine of the Boston Bar Association.
The active links are available at the source site listed below.
Source: Robert Ambrogi's Law Sites, 15 February 2009
E-Discovery Update: Revisiting ESI Agreements and Court Orders
Posted by Sabrina I. Pacifici: "E-Discovery Update: Revisiting ESI Agreements and Court Orders - Conrad J. Jacoby focuses on the new requirement that litigants must meet early in a dispute to discuss the scope of discovery work to reach agreement on how best to proceed with the discovery of potentially relevant electronically stored information ("ESI"). What happens, though, when fundamental assumptions used to reach agreement at that early stage in the case turn out to be incorrect?"
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 15 February 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Researching Intellectual Property Law in the
Posted by Sabrina I. Pacifici: "Researching Intellectual Property Law In The Russian Federation: Julian Zegelman's updated and revised research guide is intended to assist its users with research of Russian intellectual property law by a) describing the primary sources of intellectual property law in the Russian Federation; and b) listing a number of secondary sources that interpret and comment on intellectual property law in the Russian Federation.
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 16 February 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Tom Mighell: "Here's a blog with two topics I really like -- marketing and technology. Marketing Technologies for Law Firms is brought to you by Heidi Sogn, a
The active link is available at the source site listed below.
Source: Inter Alia, 17 February 2009
... "The concept of document management, while having been around for a long time, has morphed itself into many different forms, ultimately, today, appearing to be best managed by software created for its very purpose. When data looks more like clutter and is, therefore, unmanageable: (files piled in office closets, under desks, and on top of credenzas, or three feet high on a desk it is time to organize and clear it out), staff members become less productive, overhead costs increase and profits, ultimately decrease. By investing in a document management software system to not just store and retrieve documents, but ultimately to shift the responsibility of storage, location, retrieval, and ultimate management of records and media, balanced with maintaining a minimal amount of original records as required by statutory or authenticity requirements, will help everyone in your firm work smarter, faster, and more productively. And, of course, you too, can become, clutter-less."
The full text of this interesting article is available at the source site listed below
Source: Law Practice Today, January 2009
In the news: "Computer forensics is a slow process in which examiners embark on a tedious file review that can add extra costs. But researchers Greg Conti and Erik Dean have adapted and applied visualization to the process, potentially resulting in a dramatic reduction of the time it takes to review files."
Source: Law.Com's Daily Legal Newswire. 17 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the series, you'll find tips on formulating your closing early, developing a theory of the case, preparing to impeach with a prior inconsistent statement, and much more.
Here are the four parts:
How to Prepare for Trial: Step One
How to Prepare for Trial: Step Two
How to Prepare for Trial: Step Three
How to Prepare for Trial: Step Four
Pay attention to the comments too and be sure to add your own if you feel so inclined."
The active links are available at the source site listed below.
Source: The Trial Practice Tips Weblog, 12 February 2009
In the news: "The past several months have brought an unrelenting flow of bad employment news for lawyers, with no immediate relief in sight. For those seeking a lateral move, things are admittedly tough. Consultant Melissa McClenaghan Martin discusses what she and other consultants are seeing in the current lateral market, concerning associates and partners, as well as attorneys who want to re-enter the field. Martin also provides some tips for attorneys looking to leap, so that they can find a safe landing place."
Source: Law.Com's Daily Legal Newswire. 13 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the news: "Video marketing guru Gerry Oginski rounds out his series of tips toward a better attorney video: keep your video short, but not too short, and use interesting headlines. But the key is to get in on the ground floor now and don't wait for your competitors to learn how to do videos."
From the article:
Practice Tip No. 4: Keep your video short, but not too short, and not too long.
Practice Tip No. 5: You must use interesting headlines.
PREVIOUSLY IN THIS SERIES OF ARTICLES
Practice Tip No. 1: What you should never include in your video that 99 percent of attorneys include: Yourself!
Practice Tip No. 2: Do not talk about how difficult your area of law is.
Practice Tip No. 3: What 99 percent of attorneys do not include in their videos: Information!
Source: Law.Com's Daily Legal Newswire. 13 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
"Is prayer your steering wheel or your spare tire?"
That quote got me thinking about law firms and business development. Are lawyers using marketing and business development to steer their firms in a purposeful direction, or is marketing a stop-gap measure that lawyers only turn to after trouble has already found them?
Certainly, times of economic turmoil are NOT the time to cut back on your marketing and business development efforts. Those times ARE the best times to step up your focus on satisfying (or better yet, delighting) your current clients and developing new business. Unfortunately, if the vehicle is already crippled, it will be even more difficult to catch up, let alone get ahead. Don't wait until you need the spare tire.
Set your firm's direction by:
· Identifying your target clients
· Defining the value you and your services provide to those clients
· Articulating that value to existing and potential clients regularly
· Ensuring that the activities you engage in on a daily basis further that value
· Staying in close contact with your target clients
Need help defining strategies to develop business in a tough economy? Want to find ways to increase your visibility and foster good client relationships without breaking the bank? Visit my website or contact me to see how I can help.
The active links are available at the source site listed below.
Source: Legal Ease Blog,
12 February 2009From the site: "Justice Ruth Bader Ginsburg recently underwent surgery for "early-stage" pancreatic cancer. While everyone is concerned about Justice Ginsburg's health first, there is also speculation about a possible opening on the U.S. Supreme Court if she retires early. Join Law.com bloggers and co-hosts, J. Craig Williams and Robert Ambrogi along with Attorney Patricia A. Millett from Akin Gump Strauss Hauer & Feld and contributor to the SCOTUSblog and Professor Cruz Reynoso from UC Davis School of Law, to discuss the impact on the high court and how the Obama adminstration would fill a possible vacancy."
Right Click and Download Play Windows Media
The active links are available at the source site listed below.
Source: Legal Talk Network, 12 February 2009
Privacy once meant drawing the drapes.
Privacy once meant drawing the drapes. Now that we depend on technology to do the world's business, privacy means securing data, protecting personal information and keeping hackers at bay. Drawing the drapes in an electronic sense will call for a complex system of safeguards and require policymakers to create guidelines.
Before leaving for her new post as Secretary of Homeland Security, Arizona governor Janet Napolitano signed a proclamation declaring January 28 Data Privacy Day, observed across the U.S., Canada and 27 European nations. The
Moderator and center Director Julie Smith David challenged speakers and audience members to identify the hurdles impeding privacy assurance and to suggest solutions for security breaches that plague information systems from computers to smart phones.
[Their] Source: Knowledge@W.P. Carey
The active link is available at the source site listed below.
Source: ResourceShelf, 12 February 2009Posted by Robert J. Ambrogi: "Legal bloggers are a sinful lot, judging by Blawg Review #198. This week's Blawg Review host, Jeremy J. Richey, author of The East
Lust? In a legal blog? Richey finds it in a post about
It just gets easier from there on down the list. Greed, sloth, wrath, envy and pride? Hey, lawyers don't just see this stuff every day, they act it out. That said, it might be hard to match Richey's find in the pride category -- a post about lawyer Marc Dreier's bid to establish a luxurious private prison all to himself. Richey harvests many more examples of sin from the vineyards of legal bloggers, so be sure to read his entire post.
The active links are available at the source site listed below.
Source: Legal Blog Watch, 12 February 2009
From the e-newsletter: "Losing a job can be one of the most devastating and unexpected experiences one is faced with. But there are resources and help that can ease the situation.
Read more...
Related Resources
• Employee Rights Center
Source: FindLaw's Public Advisor. 12 February 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
If you believe, as I do, that business development (aka selling) is everything you do as a lawyer, then a recent article by Shai Littlejohn that appeared in The National Law Journal and on Small Firm Business about the importance of your personal brand may be of interest.
Your personal brand impacts whether clients hire you or not. I believe that how you act in public, treat your staff, dress, contribute to the community, talk to strangers, act with your clients, etc. etc., is all part of selling yourself to clients, referral sources, and potential clients. Littlejohn's points are interesting and support that belief. They include:
Some pretty important personal branding elements right there, I'd say."
Excellent writing is a critical component of excellent client service.
My friends at What About Clients have two terrific posts on good writing. The first reminds us that writing well is hard work. The second discusses client-centered writing and advances the argument that over-reliance on forms "tends to perpetuate bad legal writing."
WAC? is on the money.
There is a delicate balance to be struck between providing clients the value of not re-inventing the wheel and the benefit of thinking about each problem anew. But in each case or contract or matter, it is important to discuss that balance with your client. Sometimes, good enough is good enough. Sometimes, only the best will do. The key is that client must be the one to make that decision."
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This document provides recent developments related to medical malpractice insurance, which "covers doctors and other professionals in the medical field for liability claims arising from their treatment of patients." Some of the topics covered include claims and settlements, medical errors and patient safety, costs to the public, and the affordability of medical malpractice insurance. From the Insurance Information Institute.
URL: http://www.iii.org/media/hottopics/insurance/medicalmal/
LII Item: http://lii.org/cs/lii/view/item/21432
A few years ago, I needed to file a lawsuit. The firm I used was known for that particular type of law, which is why I chose them. But when I read their draft of the complaint, I noticed a few mistakes - in the form of the wrong pronoun, and in one instance, the wrong name. It became glaringly evident that this was a find-and-replace job.
Now, of course, I would not have expected the entire thing to have been done from scratch - that would have been a colossal waste of time. Time I was paying for. But the mistakes I found told me that there was a chance that not a lot of thought went into this document. Was I getting second-hand service?
Templates give you the ability to take documents where most of the language is common to the type of document and tweak it with sections, phrases, or words that are unique to the project you're working on. They also make it more difficult for you to use a prior client's name in a new document for a new client. (Even if you make a mistake, what your new client will see is a generic term, like "client", instead of a name that is obviously not theirs!)
In the news: "Peter Baron, director of technology at Stradling, evaluated VoIP systems and many products used to enhance the interface between the telephone system and computers. He used a spreadsheet of key criteria as a starting point and distilled the overall purchasing process into seven steps."
The seven steps in brief include:
By Bob Rankin: "There are millions of pages of information and entertainment available online. In order to maximize your Internet experience, you need to have a web browser that has the features and technologies that are appropriate for your operating system and your preferences. Below is information on TEN of the most popular browsers available, along with a summary of features to help you decide which is best for you.
Internet Explorer...
Mozilla Firefox...
Safari...
Chrome...
Opera...
Other Browsers...
Flock - a social media browser built on Firefox
Mozilla Seamonkey - a technology proving ground
Camino - an alternative Mac-only browser
Konqueror - an alternative Linux browser
One of the things my ex-husband and I did well, as did our peers, was learn to tag-team in the layoff department. We both got laid off pretty much all the time throughout the 90s. And somehow, we got a sort of routine, and it became a normal way of life.
Today there is a generation of us in the workforce, totally familiar with layoffs, and totally unfamiliar with the idea that a job is secure. Ever. The good news about this is that there is not a huge difference between someone laid off and someone not laid off in that all of us feel vulnerable and scared.
Which means the etiquette is different than it used to be for talking to someone who's been laid off.
1. Don't ask "how's the job hunt?"...
2. Ask about extracurriculars...
3. Ask about health insurance...
4. Talk about industry news...
5. Offer up one good contact...
6. Acknowledge trouble with the significant other...
7. Don't be shy about gratitude...
Full text and active links are available at the source site listed below.
Source: Penelope Trunk's Brazen Careerist, 10 February 2009
Posted by Sabrina I. Pacifici: "American Recovery and Reinvestment Act of 2009
Follow up to related postings on the American Recovery and Reinvestment Act of 2009, from the Senate Finance committee, this Side-By-Side Chart of Notable Differences Between the Senate-Passed and the House-Passed American Recovery and Reinvestment Act of 2009
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 10 February 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
In the news: "Individual coaching can enhance the performance of a law firm and its top performers. However, the cost of providing it to every attorney in a law firm is prohibitive. Peer coaching, through the creation of an internal coaching culture, is a cost-effective means of spreading the advantage of coaching from one individual to the entire organization, says consultant Susan Letterman White. She describes how a peer-to-peer coaching works, and how it differs from other types of relationships such as mentoring."
Talking points include:
WHAT IS A COACHING CULTURE AND WHAT ARE THE BENEFITS?
PEER-TO-PEER COACHING AND MENTORING RELATIONSHIPS
THE UNIQUE CONTRIBUTION OF PEER-TO-PEER COACHING
HOW DOES PEER-TO-PEER COACHING WORK?
EMBEDDING PEER-TO-PEER COACHING CULTURE
Source: Law.Com's Daily Legal Newswire. 11 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
[L]eading a meeting or giving a presentation that requires buy-in and consensus is not always easy for many attorneys. Mastering a few new practical skills for managing a difficult group can help.
... Contrary to popular wisdom, allowing a group to vent is not all that productive. Years of research demonstrate that people believe more strongly in the things they say out loud. As a result, "venters" tend to just get more entrenched in their positions. Moreover, as all people tend to be lazy language-users, you risk that some meeting members will just borrow the arguments of the venters without thinking them through.
Click to read the rest of "How Lawyers Can Lead Meetings by Managing Hostile Groups" (The Complete Lawyer).
Full text of this article is available at the source site listed below.
Source: idealawg, 9 February 2009
Posted by Tom Kane: "Law firm clients often complain that their lawyers do not understand their business. It frustrates them to have to educate their outside lawyers about the issues they deal with, and which their attorneys need to understand, to represent them properly.
And that is only part of the relationship a law firm should seek with their clients. At a client meeting last week, I emphasized to a group of lawyers the importance of making friends with their clients. My point was that if the lawyer and client have a true friendship, there is no reason to worry about another law firm taking the client away.
In addition to knowing a client's business, lawyers can build on a friendship by helping their clients prosper in their business. Ed Roach over at Small Business Branding discusses a number of ways to do that in his article "Feel the Love", or what I might suggest shows that you're a real friend by:
Source: Legal Marketing Blog.com, 10 February 2009
Kill the Billable Hour: Lawyers should bill the way Joe the Contractor does
I'm a trial lawyer. I bill by the hour. So do the associates who work for me. I have lots of clients, so I can pretty much work, and bill, as much as I want. This needs to be fixed. Yes, you read that correctly.
. . .
So what am I proposing? For reasonable periods of time during the life of a lawsuit, say three months at a time, I should do what Joe does: identify the client's objectives, measure, calculate, build in a contingency and come back with a price.
. . .
But because litigation is, in fact, unpredictable and usually takes longer to resolve than it does to remodel a kitchen, we should periodically revisit the price.
. . .
This does leave one big issue. How does the client know that I won't cut my efforts to the bone in order to avoid losing money (or, for that matter, to avoid an early victory)? The first answer is that clients should hire lawyers they trust. If they believe their lawyer will take a fall to make a buck, they should get another lawyer. But clients really do need something more tangible than trust.
Quality insurance should come in the form of a success fee. If I win, I should be rewarded. That's not only fair, it places the incentive where it belongs. It doesn't suffer from the soft idea that effort, even unsuccessful effort, should get an A. Winning is what deserves an A. I gave Joe a bonus for finishing our kitchen three weeks ahead of schedule.
Read the entire article "Kill the Billable Hour"
Full text and active links are available at the source site listed below.
Source: The Greatest American Lawyer, 7 February 2009
From the site: "In this edition of Ringler Radio, join host, Larry Cohen and co-host, William D. Wakelee, settlement annuity specialist in Ringler's Philadelphia office, as they turn to Dr. Christopher Coyne, Associate Professor in the Department of Finance from Haub School of Business at St. Joseph's University to discuss the state of the economy, the importance of a structured settlement especially now and how we all need to have hope during these hard times."
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The active links are available at the source site listed below.
Source: Legal Talk Network, 10 February 2009
From the site: "In this special edition of The ESI Report live from LegalTech New York, Joni Shogren, Staff Attorney at Kroll Ontrack and ESI Report special correspondent, will speak with the panel members from one of LegalTech's educational programs titled, "Multilingual Madness: Globalization is Colliding with the Complexity of E-Discovery," This program was one of the most popular at LegalTech this year, coming from the Kroll Ontrack sponsored Hot, Hot, Hot Topics in E-Discovery track. During this discussion, Joni seeks a global perspective on e-discovery and the issues it presents across the globe from the panel of experts, including: Michelle Mahoney, Director for Applied Legal Technology at Mallesons Stephen Jaques in Australia, Mark Surguy, Senior Associate with Pinsent Masons LLP in the United Kingdom and Ken Nourse, the Managing Director for Legal Technologies for Kroll Ontrack in the Asia-Pacific region. You won't want to miss this exciting show!"
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The active links are available at the source site listed below.
Source: Legal Talk Network, 10 February 2009
Simple Marketing Tactics That Pay Off Big in a Slumping Market is a free webinar scheduled for Wednesday, February 11th at 12 noon Central Standard Time.
I will touch on topics such as attracting all the clients your small business can handle, how to work with clients who value what you have to offer, and how to significantly increase what you charge for your services.
For more information and to register for this event
The active links are available at the source site listed below.
Source: Duct Tape Marketing, 5 February 2009
It used to be that you had to read a lot of magazines or newspapers yourself, or better yet, subscribe to an expensive media clipping service, in order to find out about any mentions. Not anymore.
In fact, since you can monitor for free, you should be following yourself, your company, your most important clients, and your competitors, too.
TOOLS FOR MONITORING
The three top tools to monitor are:
Google Alerts sends you emails containing excerpts and links to any new web pages containing the search terms you set up with them. You can manage your search terms very easily.
Bloglines is a great and easy to use blog aggregator with powerful search capabilities. Any search term at all can be "subscribed to" so that all future blog posts on containing your term will pull into your Bloglines feeds. I like to use it to search for industry news and other hot topics, too, because it is so easy to manage my searches and it's really easy to email a story to myself or someone else.
Twitter is a microblogging tool that is literally exploding. Microblogging means that when posts are made, they are 140 characters or less. There is a
ACTING ON MENTIONS
So if you do find mentions of your company, product or about working with you, it's a really good idea to NOT ignore it. Regardless of where you find mentions about your company, there are, in the elegantly short words of Guy Kawasaki (in a post about how to use twitter), some actions you should take:
· People are pissed: help them out
· People are confused: help them out
· People who have questions: help them out
· People are happy: ask them to spread the word
You will find that people are delighted by contact with the company and that no matter how rocky the relationship started out, they usually become fans and evangelists. By simply monitoring what people are saying about you, you're using Twitter better than 95% of the companies out there.
And I expand that to say that by acting on mentions of your company you're using ALL your tools better than 95% of the companies out there.
And don't forget to apply these four "help them/ask them" strategies when people tell you, directly, about their experiences working with you!"
The active links are available at the source site listed below.
Source: Golden Practices, 26 January 2009
Posted by Chuck Kallendorf: "Near the beginning of the year Ohio Attorney General's office issued an opinion relating a municipal court's use of its "special project funds." Last week, the Ohio Supreme Court's information office related that that opinion "may have implications for courts that have established special project funds." ( Here )
The Attorney General's opinion dealt specifically with an
"ORC § 1901.26(B)(1) expressly authorizes a municipal court to 'acquire & pay for' special projects that facilitate its efficient operation," the opinion said. But in the absence of a statutory definition of that phrase, the "everyday meaning" from Webster that "to acquire & pay for" indicates an intent that the court will receive something of value in return for moneys paid out from its special projects fund, was used.
"According to the description of the proposed uses of moneys," the Attorney General said, "the court plans simply to donate portions of its special projects funds to programs operated by individuals or entities other than the court. In making such donations, the court would neither acquire anything of its own, nor be paying for goods or services rendered to it ... a donation does not constitute either the acquisition of, or payment for, a special project of the court, and is not, therefore, authorized.... "
That having all been said, we note the similarities in "special projects funding" statutes for both the Courts of Common Pleas and Appellate courts in Ohio, in that the same view might be held.
Municipal courts @ ORC 1901.26(B)(1)
Courts of Common Pleas @ ORC 2303.201(E)(1)
Courts of Appeals @ ORC 2501.16(B)
The active links are available at the source site listed below.
Source:
This post will address some things every lawyer should know about their malpractice coverage. If you're unsure of the terms of your policy or what they mean, I encourage you to speak to an attorney or insurance professional.
Is your malpractice policy a claims made policy?...
Does your policy have a prior acts date?...
Do you have 'tail' coverage?...
What are the exclusions to your policy?...
Are you covered for all claims of malpractice, including those instituted as a result of a collections claim?...
Are you covered for other activities related to your law practice, such as a real estate lawyer acting as a title agent, or any lawyer acting as a member of a board or bar association?
How much do you know about your malpractice carrier?...
Will you will have the opportunity to choose or approve counsel should a claim be made against you?...
Are your policy limits sufficient?...
Are your defense costs and expenses outside of the policy limits or included?...
Having a malpractice policy isn't enough - make sure you know what that policy covers and where you may be vulnerable.
Full text and the active link are available at the source site listed below.
Source: Legal Ease Blog, 9 February 2009In the news: "Choosing to make a lateral move is a difficult decision. Making a lateral move in a partnership year poses especially unique challenges. Attorney Meredith S. Auten successfully switched firms as an associate in her eighth year of practice, and she was promoted to partner within a year of her move. She discusses her experience, including some of the pros and cons of such a move. She also provides some tips, including one of the most important things she learned, which she wishes she had done better."
Topics discussed include:
CONSIDERATIONS
THE PROS AND CONS
THE TIMELINESS
THE BIGGEST OBSTACLES
EASING THE TRANSITION
THE REPERCUSSIONS
Source: Law.Com's Daily Legal Newswire. 1 February 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
A Systemic Approach to Legal Document Automation (I):
A Systemic Approach to Legal Document Automation (II): Defining the ROI
They both tie in with the pressure law firms are feeling to abandon (or partly abandon) hourly billing.
The premise behind this approach is very simple (and I have seen it work very effectively with clients). Lets say you normally bill a client 5 hours to prepare all the wills and associated documents connected with estate planning. If you charge $300 per hour, that's $1,500. So you invest in Document Assembly and tell your clients you are reducing the amount you charge for will preparation to a flat fee of $1,000. But meantime, due to the efficiencies of your document assembly routines, it only takes 2 hours to prepare the package, and virtually all of that can be done by a paralegal. All the attorney has to do is make a couple of tweaks and bless it.
So the end result is that your client is happy b