From the blog: "According to Ohio.gov, the Ohio Business Gateway has enhanced its website as of today to make filing business documents easier online. Although I could not get into the new site this morning, businesses will be able to access a single, consolidates site for logging in to all Gateway services, and they can give their lawyers and accountants shared access when necessary. Paying is supposed to be easier, as it logging out. A new plus will be the ability to check a history link for prior confirmations and receipts. Hopefully, the new site will be working later today:

https://ohiobusinessgateway.ohio.gov/OBG/Membership/Security.mvc/Login"

The active link is available at the source site listed below.

Source: Cleveland Law Library Weblog, 30 March 2009

From the blog: "There is a great new blog post over on the Dennis Kennedy blog about implementing technology. 

"The legal profession is not exempt from the current economic turmoil. I wrote the introduction to this column before the last big wave of layoffs, so it feels even more true now than when I originally wrote it: "Given the current economy, odds are there will be many more lawyers in solo practice at the end of 2009 than at the beginning. Change might come about by choice or by circumstance--the "suddenly solo" phenomenon--as news stories are illustrating all too well."

In the column, I focus on how a new solo, especially one who is transitioning from a large firm, needs to think about technology and set priorities. I wanted to focus on the questions to ask.

I highlight three key questions:

First, what is your practice area?

Second, what is your expected volume of clients, work and documents?

Third, what is your budget?

Over the years, I've become convinced that "volume," meaning number, amount and the like, really does drive technology choices. Think about it."

The active link is available at the source site listed below.

Source: The Greatest American Lawyer, 27 March 2009 

Posted by Grant Griffiths: "Two post you should check out over at Blawging Lawyers:

• Lawyer Attracts New Clients and Press Inquiries Immediately After Starting New Blog
• How Blogging Gained One Attorney Never-ending Clients, Unexpected Media Attention, and the Respect of His Peers

After you have read them, if you have any questions about blogging or Blawging Lawyers, please drop me an email at grant@g2webmedia.com and I would be happy to discuss further."

The active links are available at the source site listed below.

Source: Home Office Lawyer, 17 March 2009

Posted by Tom Kane: "Your web site, as with all your marketing materials should be consistent and reflect your brand, which hopefully echoes the value you bring to clients who hire the firm. Too few firms do a good job at that. Now, don't get mad at me. Although I agree with the statement, it really comes from someone who knows and has received dozens of awards for web sites his company has designed over the years.

In an article on branding that appears in the current ABA Journal online, Burkey Belser of Greenfield/Belser Ltd. relates what is wrong with most web sites he has seen. He then shares the three attributes that are present on Baker Hostetler's site, and should be reflected on any "effective site." 

They are:

"1) Have a purpose. What do you want the reader to do?
"2) Create a dialogue with the reader.
"3) Position yourself as important, confident and a leader."

Burkey points out that Baker's site isn't perfect, but it is "an exemplar of effective brand­ing."   What does your web site say about your brand?"

The active links are available at the source site listed below.

Source: Law Marketing Blog.com, 26 March 2009

Posted by Michelle Golden: "For those among you who have managed thus far to maintain good, solid compartmentalization between your business and your personal lives, I offer a hearty "Congratulations!"

Seriously. Not an easy thing to do these days. In fact, for some of us, we couldn't cleanly sort the people in our lives into the two buckets of "business" and "friends" if our lives depended on it.

But this "blur" of personal and professional isn't really a new thing, at all, is it?

For years, we've become friends with clients and friends become clients. Co-workers become like family. Sometimes they literally become family. It's not uncommon that lawyers/doctors wed other lawyers/doctors, etc. (With the hours some people put in, where the heck else would they meet anyone?? )

But now it's in your face and soon to be, if not yet, in your employment policies: dealing with social media applications and the work day.

Collecting all your contacts in one place is complicated, too. There is the clear challenge of deciding how much of your personal side to bare to whom.

You might whip out pictures of your kids to show a colleague at a conference, but do you really want them seeing photos of you in your swimsuit chasing your kid (not pretty is my point)?

For those who want to dip their toe in the pool of the life/work blend (or who are already waist deep) and wishing for a way to be more selective about who sees what, you will probably appreciate this excellent "how to" on Facebook privacy through using "groups" for sorting your friends and business contacts. Read 10 Privacy Settings Every Facebook User Should Know.

I'll briefly touch on policies, too. Frankly, as much as companies have tried over the last decade to stifle employee access of third party email sites, interactive websites, etc, it's simply impossible to restrict the entire internet. Why bother to lock out hotmail/yahoo when people have email and text on their smart phones??

That era is over.

And it's dumb to block most websites, too. Disallowing Linked In, Facebook, Blogs and Twitter (yes, some firms lock down all of those) is cutting off your firm's nose to spite its face. These are valuable marketing tools for those who wish to use them that way..."

Full text and active the link are available at the source site listed below.

Source: Golden Practices, 12  March 2009

From the e-newsletter:

"Competitive Intelligence - A Selective Resource Guide - Updated and Revised March 2009 http://www.llrx.com/features/ciguide.htm

Sabrina I. Pacifici's completely revised and updated pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a "best of list" of web, database and email alert products, services and tools, as well as links to content specific sources produced by governments, academia, NGOs, the media and various publishers.

FOIA Facts: What Now?

http://www.llrx.com/columns/foia55.htm

Now that both the President and Attorney General have weighed in with FOIA Memorandum, Scott A. Hodes provides the procedural steps that will now take place in agencies and the effect the memos will have on the nine FOIA exemptions.

New Economy Analytics, Resources and Alerts http://www.llrx.com/features/neweconomyanalytics.htm

This guide by Marcus P. Zillman is designed to bring together the latest resources and sources on the Internet covering the new economy analytics, resources and alerts."

Source: Pacifici, Sabrina. "New on LLRX.com for March 2009." Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved. Subscribe <http://www.llrx.com/subscribe.htm>.

From the blog: "In part one of this two part emergency management series on Legal TIPS, host, Attorney Barbara J. Gislason welcomes Attorney Leo Jordan, Chair of the ABA TIPS Task Force on Disaster Insurance Coverage to deconstruct the complexities of knotty wind and rain insurance. Gislason and Jordan also discuss the task force's concerns and recommendations to improve the way insurance coverage is offered in an emergency, which have been adopted as policy by the American Bar Association.

Podcast: Play on page | Play in new window | Download"

The active links are available at the source site listed below.

Source: Legal Talk Network, 26 March 2009

Posted by Tom Mighell: "Back to our feature on big-firm blogs -- Quirky Questions is brought to you by Dorsey and Whitney, and has an interesting format. Every week, attorney Roy Ginsburg will pose an odd or interesting employment law or human resources question that in-house counsel and HR professionals might encounter at work. He posts the question on Monday, then gathers thoughtful, creative and humorous responses from the readers all week. The following Monday, he publishes his analysis of the issue, and posts a new question. Great idea!"

The active link is available at the source site listed below.

Source: Inter Alia, 31 March 2009

From the e-newsletter: "Whether you're dealing with a layoff, death of a loved one or some other drastic, life-altering event, it is possible to prepare yourself for adversity."

Read more...

Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 25 March 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

From the site: " In a 7-0 decision announced today, the Supreme Court of Ohio held that the partial listing of what can be considered as a change of circumstances in R.C. 3105.18 does not alter the requirement that a trial court must find a substantial change in circumstances before modifying a prior order of spousal support."

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1222.pdf

Source: The Supreme Court of Ohio,  24 March 2009

Posted by Sabrina I. Pacifici: "Burney's Legal Tech Reviews: Verizon Wireless USB760 Modem and the Cradlepoint CTR500 Mobile Broadband Travel Router - For consistent, resilient mobile internet connectivity, Brett Burney recommends these three small, versatile products that are cost effective and reliable."

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 29 March 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Sabrina I. Pacifici: "Competitive Intelligence - A Selective Resource Guide: Sabrina I. Pacifici's completely revised and updated pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a "best of list" of web, database and email alert products, services and tools, as well links to content specific sources produced by governments, academia, NGOs, the media and various publishers."

The active link is available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 29 March 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Background Checks: How Much Is Too Much?

In the news: "The current state of the economy has turned the employment arena into a "buyers' market." This means employers can set higher standards and be more selective. Background checks can greatly help with the selection of a fitting candidate. Attorney Diane Krebs explores the guidelines and limits in three main areas in which employers may seek to conduct inquiries beyond simply work experience or required degrees or certifications: criminal history, creditworthiness and general character."

Read full text

Switching Practice Areas Shouldn't Be Taken Lightly

In the news: "The decline in financial markets has caused some junior -- and even some senior -- lawyers to worry whether they might be better off in a different practice area. Attorney Steven C. Bennett warns that changing practice areas should not be a rushed decision, because it's a change in your self-image. He discusses essential elements of making a successful shift in practice areas, some of the challenges you might face, and practical suggestions once you've decided a new practice area is right for you."

Read full text

Source of both of the above articals: Law.Com's Daily Legal Newswire. 29 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Redact It with Redact-It Desktop

In the news: "Redaction removes information from documents that you don't want others to see because they would use it against you or a client. Still, many people miss redacting data because they either don't use the right tools or they use them incorrectly. Redact-It Desktop may be one solution."

Read full text

Source: Law.Com's Daily Legal Newswire. 25 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

 Busting the Multipass Erasure Myth

In the news: "In 1996, Peter Gutmann prescribed a regimen of 35 varied overwriting passes to thoroughly erase data -- a "Gutmann Method" erasure. Although he later called it "pointless," it lives on as a feature of modern drive erasure tools. So what's the truth about multipass erasure?"

Read full text

Source: Law.Com's Daily Legal Newswire. 27 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the site: "Want to know more about jury consulting and presentation technology?  In this edition of the ESI Report, Gina Jytyla, Kroll Ontrack Managing Staff Attorney, kicks the ESI Buzz off with special guests Tessa Eckholm, Design Director for Trial Graphix and Leslie Ellis, Jury Consultant for TrialGraphix, to discuss why presentation technology is a persuasive part of trial, in addition to the significant benefits of having a jury consultant on your side.  In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki, will take a look at the discovery order issued in In re Fannie Mae Securities Litigation.

Podcast: Play on page | Play in new window | Download"

The active links are available at the source site listed below.

Source: Legal Talk Network, 25 March 2009

 From the blog: "Congress is going digital with both the House and Senate now having channels on youtube.com. The House Hub and Senate Hub have Representatives or Senators organized by both name and state to make searching easy.

From Novalawcity"

From the site: "From the Article:

YouTube has launched an education portal that compiles all the video from official university and college partners. Creatively named YouTube EDU, it's not the spot to find drunken frat-party antics, but even PR-sterilized content can still be interesting.

Direct to YouTube EDU

Source: U.S. News & World Report

Hat Tip: P.W."

The active links are available at the source site listed below.

Source: ResourceShelf, 29 March 2009

There will be no blog postings for the rest of the week. High school basketball games are calling me to Columbus!

 See you on Monday!

 Nancy

Posted by Tom Kane: "A client of mine during one of our weekly coaching sessions last week told me that she was not comfortable asking clients for work. At first, I was taken aback, since I'm thinking that it isn't as tough as asking a prospect for work. I mean for goodness sake, it is a client that already knows and uses you. Then, I realized she was really saying that she was afraid of rejection or possibly just shy. We talked through the problem, and she became more comfortable with an approach (one idea: ask the client how they would ask their customer/client for work).

Interestingly, an article on this very topic by Allan Colman in Small Firm Business came into my inbox yesterday morning. He raises some good points in his article "Why Do Attorneys Have Trouble Asking Clients for Work?" Although he may be a touch harsh in attributing arrogance in some as the reason for not asking for work, he may be right. In any event, he cites three reasons lawyers don't ask clients for work.  They are:

• Don't know how;
• Think it is "beneath them to ask" (or their credentials should speak for themselves); and
• Afraid of rejection.

His suggestions to overcome the above are (in order):

1. Demystify the process, and educate the lawyers that it is an educational, relationship building process that requires time; however, not with interminable lunches/dinners without advances toward a close;
2. Qualifications alone, such as where the lawyer went to school, how long s/he has been practicing, etc., are not enough - although I would take issue with Colman that "past successes" don't matter. (Clearly they're an indication of how successful the lawyer might be with a similar matter.)  Further, there does seem to be solid evidence that less qualified lawyers have landed business because they did ask, and marketed themselves more effectively; and
3. Treat rejection as a new beginning, not the end. It could lead to another opportunity with the same client by continuing to grow the relationship.  

It is important to ask for work. Although we were taught in law school that failure isn't an option, when it comes to marketing, failure is going to happen and that is okay. So, don't be timid, ask for goodness sake."

The active links are available at the source site listed below.

In the news: "Federal Rule of Evidence 502 was intended to provide a remedy for the increasing costs of protecting privilege. But will it reap the cost savings intended, and if so, how? The answer lies in the willingness of litigants to take advantage of the rule's protections, which, if used strategically, may help alleviate much of the costs and burdens of both privilege review and logging, say attorneys Jeane A. Thomas, David D. Cross and Courtney Ingraffia Barton."

Read full text

Source: Jim Calloway's Law Practice Tips Blog, 24 March 2009

In the news: "In the current economic downturn, law firms can mitigate the risk of loss of services that can arise from dealing with financially at-risk electronic discovery vendors. Ask the right questions and use appropriate contractual provisions to manage the unexpected changes affecting vendors."

Read full text

From the site: "On this edition of Legal TIPS program, join host Attorney Gilda Mariani, as she discusses with Tort Trial and Insurance Practice Section ("TIPS") leadership, Attorney Peter Bennett of Portland, Maine and Attorney Dick Semerdjian of San Diego, California how the organized bar can assist the judiciary to preserve and promote its independence and  the importance of maintaining fair and impartial courts for the proper functioning of our government.

Podcast: Play it here | Play in new window | Download"

The active links are available at the source site listed below.

Source: Legal Talk Network, 19 March 2009

Source: Al Nye the Lawyer Guy, 24 March 2009

Posted by Sabrina I. Pacifici: "Two new improvements to Google results pages : "...we're rolling out two new improvements to Google search. The first offers an expanded list of useful related searches and the second is the addition of longer search result descriptions -- both of which help guide users more effectively to the information they need."

In the news: "As the world of technology continues to impact the legal profession, paralegals are turning to social and professional networking sites to investigate claims. These sites can provide a deluge of data, including specific communications and entries concerning parties to the action."

Read full text

Source: Law.Com's Daily Legal Newswire. 24 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Tom Kane: "Certainly you know of someone who is looking for a job during these tough economic times, whether in our legal community or not. It appears that social media sites may be able to help

I'm learning more each day about the benefits of social media, and don't pretend to have a full grasp of all its implications. It certainly has tremendous potential from a networking angle, although as I mentioned in my last post I still believe face-to-face networking is more effective.

But, clearly, it has the advantage of reaching a larger audience faster. Thus, thanks to my friend Ford Harding for steering me to Charles Brown at web marketing coach and his post on "7 Great Social Media Resources For Job Seekers."

Here are some of the resources he talks about:

• A Social Media Strategy For Job Seekers - Part One by Charles Brown.
• How I Got My Job Through Twitter by Ann Handley.
• "Unemployed (or Preparing to Be)? These Sites Could Be Your Best Friends" by Bill Hurlbut.
• "7 Secrets to Getting Your Next Job Using Social Media," by Dan Schawbel.
• "Basic Facebook Strategy | 5 simple steps."
• "Twitter - The Second Most Important Social Network"
• Twitter Tips  

If you are looking for a job or know someone who is, Brown's post and the resources listed above are a must read."

The active links are available at the source site listed below.

Source: The Legal Marketing Blog.com, 19 March 2009

Posted by Ernest Svenson: "Whenever I go to an event I usually bring business cards.  Sometimes I remember to hand them out and sometimes I don't.  Sometimes people to ask me for them, but usually they don't. When I'm speaking in front of a group I wouldn't take the time to hand out my cards.  And yet that's a moment that many people might want my contact information.

The next time I speak or go to an event I'm going to tell people "if you want my contact info take out your cellphone and send a text message to '50500'; type in 'ernieattorney' and hit send."  If you want to try this now you can see what those folks will receive.  

So what do you think?

That is my new digital business card, and I'll be using it extensively from now on.  Once my phone number and email are in the other person's phone they can click on the link to call me or email me, and thereby avoid the hassle of having to type in characters.  And if I offer someone my card they don't have to pretend to want it, only to toss in the trash later.  Simple, and very efficient.

This service is run by a company called Contxts (as in sending 'Contact info' by 'text message.'  Get it?)  It's free for now, so check it out."

The active links are available at the source site listed below.

Source: Ernie the Attorney, 17 March 2009

Posted by John Jantsch: "The hype over this thing called podcasting tipped long ago. So much so that you either don't hear much about it anymore in the media or you hear that it's so last year. While it's true, the bloom of newness is off the podcasting rose, the usefulness as a marketing tool for the small business is better than ever.

Looking at the traditional podcast format, much like a radio show hosted by a passionate host, a lot of small business folks miss the potential for their business. Let me break down what podcasting is from a marketing point of view. It's the use of simple tools to create multi-media content, engage prospects and customers alike, and open doors to strategic partners like never before. If any of those things sound like useful objectives, then podcasting is for you. (I won't even mention the possibilities for using this approach to create products.)

Don't get hung up on the radio show thing so much as on the ability to easily create great content.

Here's how I would suggest you think about podcasting.

• A great way to feature the stories of your best customer...
• A great way to open doors...
• A great way to build and solidify your strategic network...
• A great competitive advantage...
• Two for one...

Can you see how these examples might make this thing called podcasting a killer small business tool? Again, forget what it's called, focus on the practical uses.

A few tools to get you started

• Good mic - I use a Blue Snowball USB mic
• Audio editing software - I use Garage Band on a Mac
• Audio hosting service - I use Libsyn
• Phone interviews? - I use SkypeIn with a real phone number and Call Recorder software
• WordPress plugin - Podcasting
• WordPress Blog - use to host your show episodes and RSS feed so people can get your audio via iTunes
• Complete Internet Radio Show - BlogTalkRadio

You can take this as far and as full featured as you like, but just adding basic audio interviews and recording via podcasting is an easy way to ramp up the content creation machine..."

Full text and active links are available at the source site listed below.

Source: Duct Tape Marketing, 20 March 2009

From the site: "On July 1, 2009, new rules regarding Medicare Set-Asides will go into effect. Join Ringler Radio host, Larry Cohen and his colleague, Joan L. Pagnano, head of the Braintree, Massachusetts Ringler office as they welcome Peter Foley, Vice President of Claims Administration for the American Insurance Association to discuss the details of the new MSA regulations and how they will affect your practice. Don't miss this important discussion.

Podcast: Play it here | Play in new window | Download"

The active links are available at the source site listed below.

Source: Legal Talk Network, 23 March 2009

From the on-line Law Practice Today: "Some favorite ABA TECHSHOW presenters offer advice on the hot topics that will be covered in the upcoming conference.

• Stretching Your Research Dollars
• Working Better with Others Online
• Mastering Instant Messaging
• Planning a Successful Scanning Implementation
• Avoiding Costly Technology Gotchas
• The Bad News About Message Recall
• A Techno-Ethics Checklist
• Expanding Your Online Presence
• Essential Tips for E-mail Newsletters
• E-Discovery Tips for Everyday Cases

Source: Law Practice Today, March 2009

Posted by Rick Borstein: "Last week, Adobe released updates to Reader 9 and Acrobat 9.

If you are using Acrobat or Reader 9, I recommend that you upgrade. The 9.1 update includes performance fixes, stability improvements and also addresses security vulnerabilities.

To update, choose Help> Check for Updates or download the patch  and apply separately.

The links:

Acrobat Standard and Pro 9.1 Update (Windows)

Acrobat Pro Extended 9.1 Update (Windows)

Acrobat 9 Pro 9.1 Update (Macintosh):

Acrobat 9.1 Release Notes (All platforms)

Read on for my evaluation of the improvements and fixes for the legal market."

Full text and active links are available at the source site listed below.

Source: Acrobat for Legal Professionals, 17 March 2009

Posted by John Heckman: "Yes, WordPerfect still exists -- and probably about a third of my clients use it (generally smaller firms that do not have much of a corporate practice and do not exchange a lot of documents with other firms).  Here are some things that have come up lately.

Merging into a table. WordPerfect can merge into a table (particularly useful for reports with Amicus Attorney). The key here is to use the {REPEAT ROW} merge command at the end of the row with data in it. This will cause the table to continue, which eliminates formatting problems (where one item is too long for the space provided) and also lets you sort the result by a variety of criteria. And don't forget, WordPerfect tables will give you about 80% of the capabilities of Excel.

Pasting unformatted text. One of the biggest bugaboos in copying text from one place to another, in both Word and WordPerfect, is that it brings the existing formatting along with it.  You can avoid this problem by selecting Edit | Paste Special and then selecting "unformatted text." This will cause the pasted text to take on the formatting of the text it is being pasted Into. (This also works in Word -- the same command sequence in Word 2003).

For more WordPerfect tips and tricks see my WP 12 cheat sheet."

The active link is available at the source site listed below.

Source: Does it Compute? 10 March 2009

Beware the Causes of Burnout

In the news: "With the economic meltdown, lawyers who still have jobs are working longer hours for dwindling pay. Many people who are thankful just to be working may be actively ignoring warning signs of an unhealthy environment. But according to psychologists, burnout is a real risk with progressively dire consequences, leaving its worst victims with an abiding sense of personal failure. And the more burnt out you are, the longer it takes to recover. Here are six factors that can fuel the fires leading to a burnout."

1. Unrelieved Overload...

2. Lack of Control...

3. Thanklessness...

4. Team Dispirit...

5. Unfairness...

6. Breaking Bad...

Read full text

Source: Law.Com's Daily Legal Newswire. 23 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

What Makes a Lawyer Great?

In the news: "What makes a lawyer great? There might be no better people to ask than those considered "a lawyer's lawyer" -- the kind of lawyer another calls for help or would recommend to a loved one, the kind of lawyer other lawyers respect. Molly Peckman, director of associate development at Dechert, raised the question with those she considers to be lawyers' lawyers. A few key qualities they mentioned included dedication, the ability to listen, getting the help you need and acknowledging those who provided it."

Read full text

Technology Tips for the Traveler

In the news: "Like other travelers who have been burned by the nuances, and business models, of using technology abroad, writer Alan Cohen recently picked up some handy, if tardy, tips that lawyers can use to avoid unpleasant surprises and increase productivity when traveling to foreign countries."

IF YOU'RE NOT USING YOUR PHONE, TURN IT OFF
TURN THE BLACKBERRY OFF ON THE PLANE (AND NOT BECAUSE THE FLIGHT ATTENDANT SAYS SO)
DON'T SURF FROM A PHONE
LET VoIP FILL THE VOID
IF YOU PLAN TO MAKE LOCAL CALLS AT YOUR DESTINATION, ASK YOUR CARRIER TO "UNLOCK" YOUR PHONE
KEEP YOUR LAPTOP CLOSE -- AND YOUR DATA CLOSER
ENCRYPT YOUR HARD DRIVE
KEEP YOUR LAPTOP CHARGED

Read full text

Source of both articles: Law.Com's Daily Legal Newswire. 20 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Chuck Kallendorf: "Ignition interlock devices are back in the news this passed week.

New Mexico was the first state to mandate their use back in 2005, and Alabama, South Dakota, and Vermont still don't carry the restriction; but in between there is a vast array of legislative applications to the concept, the National Conference of State Legislatures shows. According to MADD, six states -- Arizona, Illinois, Louisiana, Nebraska, New Mexico, and Washington--apply the penalty to first-time offenders.

Now, Ohio, Indiana, Kentucky, and Pennsylvania may all be joining those ranks with bills pending in their legislators. [ Articles about Kentucky and Pennsylvania endeavors here ]"

The active links are available at the source site listed below.

Source: Cincinnati Law Library Blog, 20 March 2009

Posted by Tom Kane: "Certainly you know of someone who is looking for a job during these tough economic times, whether in our legal community or not. It appears that social media sites may be able to help

I'm learning more each day about the benefits of social media, and don't pretend to have a full grasp of all its implications. It certainly has tremendous potential from a networking angle, although as I mentioned in my last post I still believe face-to-face networking is more effective.

But, clearly, it has the advantage of reaching a larger audience faster. Thus, thanks to my friend Ford Harding for steering me to Charles Brown at web marketing coach and his post on "7 Great Social Media Resources For Job Seekers."

Here are some of the resources he talks about:

• A Social Media Strategy For Job Seekers - Part One by Charles Brown.
• How I Got My Job Through Twitter by Ann Handley.
• "Unemployed (or Preparing to Be)? These Sites Could Be Your Best Friends" by Bill Hurlbut.
• "7 Secrets to Getting Your Next Job Using Social Media," by Dan Schawbel.
• "Basic Facebook Strategy | 5 simple steps."
• "Twitter - The Second Most Important Social Network"
• Twitter Tips

If you are looking for a job or know someone who is, Brown's post and the resources listed above are a must read."

The active links are available at the source site listed below.

Source: The Legal Marketing blog.com, 19 March 2009

Through the Labyrinth: Real Answers on How Women Become Leaders

Posted by Sabrina Pacifici: "Through the Labyrinth: Real Answers on How Women Become Leaders - With considerable detail and insight, Diana Philip reviews a recent book that explores whether the concept of whether the "glass ceiling" still accurately describes the challenges women face to realize leadership aspirations. The book's authors examine leadership theories developed by multiple disciplines to explain what is holding women back from becoming leaders. They provide data from various studies on employment trends as well as insight gathered from interviews with women leaders to assess how true or false these theories apply to contemporary female workers."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 22 March 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Researching Australian Law

Posted by Sabrina I. Pacifici: "Researching Australian Law: This comprehensive guide by Nicholas Pengelley and Sue Milne includes primary and secondary research resources in the following areas: Parliaments and Laws, Finding Australian Legislation, Finding Australian Cases, Treaties, Journal Literature, Legal Encyclopedias, Law Reform, Government Information, Dictionaries, Directories, Legal Research Guides, Publishers, Current Awareness, Discussion Lists, Information Brokerage and Major Texts.

The active link is available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 22 March 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

By A. Emerson: "With the advent of new and expanded Continuing Legal Education (CLE) requirements for practicing attorneys, there has been a surge in materials generated for CLE conferences and seminars.  Until recently there was no central location in which to collect the tremendous volume of resources created in response to the demand for CLE credit.  Today, LitiLaw provides a free compilation of over 1,000 full-text legal articles that were written by lawyers and published for CLE purposes.  Serving as both a portal and a database, LitiLaw links to copies of materials available on the Internet while also soliciting materials from individual authors to be hosted on LitiLaw's site.  Articles are available in PDF and PowerPoint format, and are organized by topic into more than 50 substantive and procedural areas of the law for browsing.  Some procedural areas include alternative dispute resolution, appellate practice, ethics, civil trial practice, and evidence; a few substantive areas include antitrust, bankruptcy law, banking and finance, environmental law, trusts and estates, and tax law.  The site provides a rudimentary search engine that performs best for broad search parameters.  Users may need to conduct more than one variation on their search, then sift through the results.  Although this serves as a manageable navigation method for now, LitiLaw would do well to consider upgrading its search engine to a more sophisticated model as the site continues to grow.  Perhaps one that supports basic Boolean searching would be helpful.  Currently, a search for "computer forensics" produces excellent results, but a search for "computer & forensics" produces no results.  In light of these limitations, it is important to note that search results may be sorted by date written, date added, category, or article title.  An online form is available for authors who are interested in providing links to their articles, or who are interested in uploading copies of their articles to be hosted by LitiLaw.  LitiLaw provides clear credit for the articles, including title, author, publication, year published, and number of pages, as well as a description of the material written by the author itself.  Authors are also responsible for including principal keywords for the search engine to retrieve, for selecting the category in which the article will be placed, and for obtaining appropriate permissions.  Visitors to the site may sign up to receive RSS feed, and a periodic newsletter is available via email with features on best practices, tips, selective current articles, and independent software and technology reviews.  Ultimately, the site serves to benefit all users by providing exposure for authors while at the same time providing a significant amount of high quality, topically specific material for readers.  LitiLaw likely has the potential to become a notable resource in the realm of online legal research."

Source: "InSite." Vol. 14, No. 15. 23 March 2009 Cornell University Law Library. To subscribe send the following request to: listproc@cornell.edu: Subscribe InSITE-L [YourFirstName] [YourLastName]  

From the site: "Join In-House Legal, host Paul D. Boynton Esq., as he welcomes two great guests. In our first segment, Paul welcomes Jim Durham, a former in-house lawyer and veteran law firm marketing consultant to discuss his book "The Essential Little Book of Great Lawyering." In the second segment, Paul welcomes Attorney Marty A. Mazzone, vice president and associate general counsel in the legal department of Fidelity Investments in Boston, to explore the discovery process.

Podcast: Play it here | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 20 March 2009

From the e-newsletter: "Did you know that you can color-code your email, so messages that are important to you stand out in your Inbox?  Here's how:

From your Inbox, click Tools, then Organize.  The "Ways to Organize Inbox" pane appears above.  Click on Using Colors.  If you want to color-code messages sent from particular people (your boss, spouse, important clients, etc.) select Color Messages from, then enter the person's name, and select the color.  Once you click Apply Color, all emails from that person will appear in that color.

If you want to color messages sent only to you, select a color for that, too.  Click Turn On, and from now on all messages sent only to you will appear in that color.

To get rid of the color coding, click on the Automatic Formatting button in the upper right corner.  Select the relevant color coding (usually the person's name) and select Delete, and then OK."

Source: Internet Legal Research Weekly by Tom Mighell. Volume 10, Issue 8. 22 March 2009. Subscribe <http://lists.inter-alia.net/mailman/listinfo/inter-alia>.

Posted by Tom Mighell: "I have to admit that I am a poor reader of online documents. When I find an article that interests me, the text and formatting (as well as my own distractability) make it really hard for me to pay attention to what I'm reading. That's why I was really happy to happen upon Readability -- it's a really simple tool, that makes reading Web pages more enjoyable by removing all the clutter and advertising. Just visit the Readability site and configure your settings (Style, Size, and Margin width), then drag the customized bookmarklet to your browser's menu bar. The next time you visit a web site that's hard to read, just click your Readability bookmark and -- voila! A readable page. To get back to the original page, just scroll to the bottom right and click Reload Page."

The active link is available at the source site listed below.

Source: Inter Alia, 21 March 2009

There will be no blog posts on Friday, March 20^th

Some of the cases/opinions released yesterday include:

Failure to Advise Accused That State Must Prove Its Case 'Beyond Reasonable Doubt' Voids Guilty Plea http://www.supremecourt.ohio.gov/PIO/summaries/2008/1009/070656_070657.asp

Electronic Filing of Appeal Notice Is Valid Only Where Authorized by Local Appellate Rule http://www.supremecourt.ohio.gov/PIO/summaries/2009/0204/071819_071821.asp

Order Awarding Temporary Custody of Abused, Neglected Child Must Be Appealed within 30 Days http://www.supremecourt.ohio.gov/PIO/summaries/2008/1231/081036_081037.asp

'Two Dismissal Rule' Applies to Mortgage Foreclosure Suit When Dismissed Actions Based on Same Default http://www.supremecourt.ohio.gov/PIO/summaries/2008/1210/071144.asp

Rule Requiring Corroboration of 'Hearsay' Evidence Does Not Violate a Defendant's Due Process Rights http://www.supremecourt.ohio.gov/PIO/summaries/2008/1001/071046.asp

Court Modifies Test for Allowing Plaintiff to 'Pierce Corporate Veil,' Seek Damages from Shareholder http://www.supremecourt.ohio.gov/PIO/summaries/2008/0930/072162.asp

Posted by Chuck Kallendorf: "The United States Judicial Conference yesterday adopted a revised Code of Conduct for federal judgeships taking effect on July 1, 2009.

The revised Code, condensing the original seven rules, or canons, to five and rewording the language into "plainer, clearer English," builds on the dictate of its first canon that judges should uphold the integrity & independence of the judiciary.

The revision of Canon 2, which states that judges should "avoid impropriety and the appearance of impropriety in all activities," for the first time now includes a definition of "appearance of impropriety," stating, "An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge's honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired." [ See Judicial Conference's release ]

Legal Times this morning has more"

The active links are available at the source site listed below.

Source: Cincinnati Law Library Blog, 18 March 2009

From the e-newsletter: "One of the most common complaints I hear about marketing is that there is just not enough time to do it. Making the most of the available time becomes critical."

Read more...

Source: FindLaw's Practice Paper. 18 March 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Carolyn Elefant: "Lawyers are supposed to be fearless, yet the thought of cold-calling for business is enough to send shivers of fear down most lawyers' spines.  Many lawyers believe that cold calls reek of desperation, while others reject them as undignified or unprofessional. 

But for all of the criticisms that cold calls receive, they're a hot way to market your law practice, if only because so few lawyers are willing to make them.  Moreover, cold calls offer an immediacy that even many social media sites can't replicate.  For example, let's say that you call a family law attorney to let him know that you're available for conflicts cases and unbundled matters.  The attorney may not have anything that fits the bill but may need someone to help out with overflow work on a contract basis.  Because of its interactive nature, a phone call allows you to explore these possibilities.  Cold calls are also inexpensive and efficient -- in the span of an hour, you can speak with five or six prospects.  By contrast, you'd probably need several more hours to draft a personal email to potential referral sources -- and there's no guarantee that the recipient would actually read it or respond.

Before you embark on cold calls, consult your bar rules.  Most bars prohibit phone calls soliciting business from consumer clients.  But these restrictions don't prevent you from contacting other lawyers or professionals to ask for business.  Likewise, if you represent more sophisticated clients, you can probably contact in-house counsel or an executive at the company to set up a meeting to discuss your services.

Once you've concluded that your cold calls pass muster under bar rules, below are some tips for getting started:

1.  Warm Up Your Cold Calls...
2.  Concoct a Reason for the Call...
3.  Get Organized...
4.  Write a script...
5.  Think Positively...
6.  Don't Quit...
7.  Try It At Least Once..."

The full text of this post is available at the source site listed below

Source: Nolo's Legal Marketing Blawg, 16 March 2009

Posted by Allison Shields: "Last week, I posted on the factors that go into your decision to accept an invitation to link or 'friend' someone on a social networking site. This week, the topic for discussion is who to invite to link to you on those sites - and how to go about it.

The first step is the same as it was when deciding to accept someone else's invitation: determine your purpose for engaging in this particular social media site. Have you decided that LinkedIn will be for business associates and Facebook will be for personal and family connections? If so, that decision will help you determine who you should connect with in those forums. But keep in mind that the lines between personal and professional can often be blurred - and there may be plenty of business opportunities hidden in your personal networks.

Some other potential objectives include:

·         Establishing your expertise in a given practice area;

·         Seeking job opportunities;

·         Developing a network of referral sources; or

·         Creating a network of resources for clients.

Once you've determined your objective, it will help you define the kinds of contacts you'd like to make. But how do you find the contacts you're looking for?

View your connections' profiles...

Conduct a search on the social networking site...

Look at Groups...

Review Questions and Answers...

Update your status...

Use your network - send messages...

Keep informed about the needs of your network...

Send meaningful invitations...

Follow up...

The full text of this post is available at the source site listed below

Source: Legal Ease Blog, 17 March 2009

Posted by Chuck Newton: "If you have not visited Blawging Lawyers you need to do so.  You can get a lot of insight, if nothing else, from the lawyers interviewed on this site.  The current example is "How Blogging Gained One Attorney Never-ending Clients, Unexpected Media Attention, and the Respect of His Peers."  In this post Grant Griffiths interviews D. Todd Smith of Austin, Texas about his home office and how he markets with the use of a blog.

A lot of times you see tech guys promoting the process of blogging for no better purpose than to sell you a blog template.  The key at Blawging Lawyers is that you can read and hear the lawyers we know and like speak in real terms about how blawging helps them and assist them in a real life and practice aspect.

We all know Todd Smith.  He publishes the blog Texas Appellate Law Blog.  He is a solo that assist in appeals before the Texas Appellate Courts.  Todd in this interview takes you behind the hype and explains exactly how the process works for him

Blawging Lawyers is site you need to look at and join.  The interview with Todd Smith is worth a good listen."

The active links are available at the source site listed below.

Source: Chuck Newton Rides the Third Wave, 10 March 2009

By Tina Hilton of Clerical Advantage: "Building a web presence for your business has at least one similarity to building your home, you have to have a solid foundation to build on. The foundation for your web presence is your website. It's the one item you must have. And as I've mentioned before, it can't be a simple page sitting on the web with your business name and contact information.  Once upon a time on the Internet that would have made visitors happy, but not anymore. Today's web surfers are looking for an interactive experience.  By interactive I mean that your web visitors want to be able to interact with your business in several ways.

First, they want to be able to contact you from your website...
They also want information. Details...
Keep it fresh...
Give them something of value...

Are you thinking this sounds like a huge undertaking?  It's not as bad as it sounds. One of the trends in websites is to actually have what is called a blogsite.  A blogsite combines an easy to update blog with elements of a traditional website. If you're not someone who can do it yourself, companies like G2Web Media are building amazing, professional blogsites.  You can also outsource much of the updating aspect of your site, hiring a virtual assistant to add pictures and newsletters, a ghostwriter or shadowblogger to keep your blog fresh keeps it from tying up your valuable time.

Whatever it takes, it's worth the time, effort and cost to have a great website that keeps your visitors coming back for more. It'll be a strong foundation upon which to build your web presence."

Full text and active links are available at the source site listed below.

Source: Home Office Warrior, 10 March 2009

From the Article:

A new social networking Web site designed for small-business owners is now on the Small Business Administration's Business.gov site, agency officials announced today.

Business.gov Community was launched about a month ago and has nearly 900 registered users, said Nancy Sternberg, the program manager of SBA's Business Gateway, the agency's organization that runs the site.

Direct to Small Business Community

[Their] Source: FCW

The active links are available at the source site listed below.

Source: ResourceShelf, 18 March 2009

From the site: "2007-1842.  State v. Winn, Slip Opinion No. 2009-Ohio-1059.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1059.pdf

(March 17, 2009) In a decision announced today, the Supreme Court of Ohio held that, because the use of a deadly weapon in the commission of a robbery constitutes the use of "force or threat" to "restrain the liberty" of the robbery victim(s), when a criminal defendant is found guilty of both kidnapping and aggravated robbery arising from the same incident, the two charges must be merged into a single conviction subject to a single sentence."

The active link is available at the source site listed below.

Source: Supreme Court of Ohio, 17 March 2009

Building a Case for Rule 34 Relief
In the news: "When a court will not order an FRCP Rule 34 search from the start, attorney Leonard Deutchman advises e-discovery practitioners to build a good record: Let your opponent fail at producing discovery before moving to convince the court to order such relief."

Read full text

De-Equitizing Partners May Not Be the Best Solution
In the news: "A handful of law firms in Florida confirm that they have de-equitized partners. The recession seems to have given law firm leaders the incentive -- some consultants would say the courage -- to make the tough decisions to demote or fire low-performing partners. But demoting an equity partner to non-equity status isn't necessarily the best way to address the problem of a less productive partner, say some, because it can demoralize, or because non-equity partnerships should be kept for lawyers on the rise."

Read full text


Is Twitter a Valuable Networking Tool or Just for the Birds?
In the news: "Twitter is one of the fastest growing social networks on the Web. Recent statistics show that there are more that 6 million Twitter users and on average, more than 225 million "tweets" per day. Twittering has obviously caught on, but can it be a valuable business tool for lawyers, or should tweets remain only between friends? Consultant Gina F. Rubel discusses the basics of Twitter, shares her own and others' opinions on Twitter for lawyers, and provides some online resources for more information."

Read full text

Source: Law.Com's Daily Legal Newswire. 18 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe   <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Robert J. Ambrogi: "We knew this would happen. It was only a matter of time before a juror would get caught tweeting. But twice in the same week?

First came the news, reported yesterday on Law.com (via AP), that a defendant hit with a $12.6 million verdict is seeking a new trial, arguing that a juror posted tweets to Twitter that show he was biased. The defendant in the Arkansas case, the building materials company Stoam Holdings, filed a motion for a new trial last week claiming that juror Jonathan Powell posted eight tweets during the trial using his cell phone. One boasted, "I just gave away TWELVE MILLION DOLLARS of somebody else's money." Stoam's lawyer, Drew Ledbetter, contends that the juror's tweets show he "was predisposed toward giving a verdict that would impress his audience."

Even as the Arkansas story broke, the Philadelphia Inquirer reported that defense lawyers for former Pennsylvania Sen. Vincent J. Fumo moved to halt jury deliberations in his trial on federal corruption charges, contending that a juror posted messages to Twitter and Facebook, including one that said, "Stay tuned for a big announcement on Monday everyone!" The post provided "substantial evidence," the lawyers argued, that the juror had violated the judge's admonitions not to disclose the status of deliberations. (The motion is posted at How Appealing.) The judge in the case questioned the juror and allowed him to stay. Not long after, the jurors returned a verdict convicting Fumo of all counts. The tweeting juror is sure to be an issue if there is an appeal.

At the blog Litigation & Trial, Maxwell S. Kennerly concludes as to the Fumo case that the Twitter-ing juror is no grounds for a mistrial. "Sure, the jury is instructed to keep the content of deliberations secret," he writes, "but it doesn't seem the juror revealed any content, other than the cryptic reference to a 'big announcement' on Monday, which itself doesn't reveal any content other than the jury being close to a resolution." Perhaps, but if the tweets from Philly could be characterized as innocuous, those in the Arkansas case give the judge and lawyers there much more to chirp about."

The active links are available at the source site listed below.

From the blog: "As Jurors Turn to Web, Mistrials Are Popping Up

The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.
...
Jurors are not supposed to seek information outside of the courtroom. They are required to reach a verdict based on only the facts the judge has decided are admissible, and they are not supposed to see evidence that has been excluded as prejudicial. But now, using their cellphones, they can look up the name of a defendant on the Web or examine an intersection using Google Maps, violating the legal system's complex rules of evidence. They can also tell their friends what is happening in the jury room, though they are supposed to keep their opinions and deliberations secret.

A juror on a lunch or bathroom break can find out many details about a case. Wikipedia can help explain the technology underlying a patent claim or medical condition, Google Maps can show how long it might take to drive from Point A to Point B, and news sites can write about a criminal defendant, his lawyers or expert witnesses.

[Their] Source: New York Times

The active link is available at the source site listed below.

Source: ResourceShelf, 17 March 2009

Posted by Carolyn Elefant: "With layoffs increasing, so too are sales of Solo by Choice, and again, it's sold out at both Amazon and Barnes & Noble.  I wanted to let readers know that you can always purchase a copy directly from the publisher at Lawyer Avenue - it's the same price, shipping is free and my publisher processes orders promptly.  If you are in the DC area, I have a few spares that I can sell you (contact me directly).

As for other resources on how to start a law firm, I have tons available on this site, again, all free, but here are a few posts (out of hundreds) that might be most relevant to some of you right now:

Mindmap of Starting a Law Firm [click on the Mindmeister logo to expand the view.  If you prefer a checklist to a mindmap, when you open the file, click "export" and choose the document option, which will generate a check list]

Solo Practice Doesn't Mean Forever (brief thoughts on using solo practice to ride out a recession)

Cold Calling Works (I know you don't want to do it, but if you've just been laid off, you need to pick up the phone...whether you're looking for a job or starting a firm)

Marketing Through Testimonials: Giving and Receiving (Up at the Nolo blog)

Starting A Firm From Scratch (This is circa 1996 and is my first piece describing how I started a firm out of desperation "to salvage my floundering legal career).

Soloformania Update (I was saving this for my re-launch, but I'll release it now - forms, sample pleadings and other useful materials for getting your firm off the ground).

Tech RoundUp (cheap and free tech that lawyers are using to run practices.  This is from 2008 so there have been new additions (notably, JD Supra.com) but the information is still relevant). 

The active links are available at the source site listed below.

Source: MyShingle, 5 March 2009

Posted By Tom Kane: "According to a guest post on Duct Tape Marketing by Susan Wilson Solovic, CEO and co-founder of SBTV.com (as in Small Business TV), she prefers to network "the old fashion way." Her post probes the issue whether anyone really knows what networking means anymore.

Before I turn off my LinkedIn, Facebook and Twitter friends, let me quickly say that of course social media is, and will be even more so in the future, a great networking source. And Susan is an active participant on those networks as well.

Her point is that "[r]eal networking is about real people and real relationships. So she says, "let's get back to the basics and best practices of networking."  Here are her "three rules for effective networking - the old fashioned way":

• Be Committed...
• Develop a Relationship...
• Give, give, give....

Okay, okay. I can hear a thousand of you lawyers out there (Susan is a lawyer, BTW) saying "wait a minute, you can do those things via social media too." True, but can you do them as well? Or is social media the best way to network? IMHO, whenever or wherever possible, the best networking is still face-to-face interaction. It is not as easy for some for sure. But having a million online acquaintances, by itself, is not the answer.

So, don't hide in front of your computer monitor. Get out there and network in person...after tweeting your heart away, of course."

Full text and the active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 17 March 2009

Posted by Rick Georges: "Footnote Press Room: story, pictures and information - Footnote.com. Few places highlight the power of the Internet more than Footnote. This growing repository of historical documents and photographs is a treasure trove for historical, legal and any researcher. Over Fifty million original documents and photographs are available here. Would you like to look at the original documents associated with the Amistad trial? They are here. Now, the National Archives will be making available many more of its documents in digitized form, for storage and searching at Footnote. Basic access is free, and premium documents and photos are available for a yearly subscription."

The active link is available at the source site listed below.

From the blog: "Recently, there has been a lot of talk about the fate of newspapers in an increasingly digital society. Just yesterday the Seattle Post-Intelligencer announced that it would be ceasing publication of its print edition, leaving only the seattlepi.com version of the news available. This is just one example from what appears to be an increasingly prevalent trend of newspapers dropping their print forms in favor of a focus on online editions.

Yahoo! recently published a news article listing 10 major newspapers that are expected to either fold entirely or go digital in the near future. The Seattle Post-Intelligencer was on the list of expected digital conversions. Even The Washington Post, widely read outside it's regional area, has suffered due to the economic decline and has been working to shrink its paper edition.

Even law schools are caught up in the digital drama. The Durham Statement on Open Access to Legal Scholarship has called upon law schools to cease publishing journals in paper form, and rely solely on distribution through online editions.

From BeSpacific; Legal Research Plus; BeSpacific; Law Librarian Blog

The active links are available at the source site listed below.

Posted by Paul Luvera: "Those of you who have gone through training at the Trial Lawyers College http://www.triallawyerscollege.com/ created by Gerry Spence, or who have attended any regional meetings of the College, know about psychodrama. Originally developed by Jacob L. Moreno, psychodrama involves exploring emotional issues through acting out the situation. Participants assume roles and it is conducted so as to put into action life experience issues in order to understand them and deal with them. Re-enactments and role playing under the supervision of a trained person help bring to life issues that need to be seen more clearly. There are various exercises and procedures that can be used. One of the exercises is a listening exercise.  It is designed to teach lawyers to be active listeners in a proper way.  

In this exercise, as used at the Trial College, two participants sit in chairs, one slightly behind the other. One person talks and the other listens. The way it is conducted, the listener learns not to jump and tell the other person how to deal with the subject or interrupt with stories of their own. They learn to say things that assure t he speaker the listener is really listening and is hearing what is said. The listener learns to communicate to the speaker that he or she also is trying to understand and feel the emotion behind the words. In other words, total and complete listening and nothing more. Sounds simple doesn't it? Yet, lawyers are classic bad listeners. They want to interrupt, shorten the matter and just give the solution. They want to be in control and they strain at having to be quiet and just listen.

Malcom Gladwell in his book Blink discussed a study involving how physicians listen to patients and their chance of being sued for malpractice. The shorter the time of listening and the less demonstration of really being interested in the patient, the greater the chance of being sued for malpractice. The New England Journal of Medicine has published articles about skill in listening to patients and it's importance in healing. Many other professional journals have dealt with the same issue. Listening is a very important subject and yet the majority of lawyers are extremely poor listeners even though it is a skill that they should learn well. We all know the importance of trial lawyers listening carefully during trial and especially during jury selection. Yet the greatest failure of most trial lawyers is they simply don't listen well...

Full text and the active link are available at the source site listed below.

Source: Plaintiff Trial Lawyer Tips, 14 March 2009

Posted by JD Hull:

"It's not about the lawyers anymore. No one cares you're a lawyer. Not impressive. A big so-what. In America, they made it easy to become a lawyer. Some day, everyone, including your waitress in Richmond, Kentucky, will be a lawyer. So get a head start on those you can. Distinguish yourself by serving clients. And get higher standards.

Rule 4: Deliver Legal Work That Change the Way Clients Think About Lawyers. From our annoying-but-true 12 Rules. Our waitress, Blaise, attended Oberlin, was Coif in law school, made Law Review, and has a Marshall Scholarship. And a kid. She's a CPA, too. She knows the difference between Whitman, Wordsworth and Whittier. She never feels sorry for herself. She thinks it's a privilege to just work. What about your waitress? When Blaise finds a job at a great firm--and she will--she's going to surprise clients with her work, her energy, her judgment and her Moxie."

The active links are available at the source site listed below.

Source: What About Clients?, 16 March 2009

In the news: "Gene Vaughan started his new career as an attorney in August, and this November, he turned 40. At a time when we are hearing a lot about jobs ending, Vaughan provides us with a fresh perspective of someone starting out in the law, after having decided on his own to leave his old career as the controller of a family business. Vaughan also provides some tips, geared toward the first-time lawyer, but those, perhaps, could be helpful reminders for lawyers working in any stage of their career."

Things he has learned include:

1. Expect to Be Frustrated

2. Be Willing to Take Advantage of Opportunities as They Present Themselves.

3. Learn to Ask for Help

Read full text

Source: Law.Com's Daily Legal Newswire. 17 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the blog: "The Gardere Wynne Sewell Women's Council wanted to create a bit of drama and ended up with a slice of television when its leaders invited Ed Begley Jr., of "Living with Ed," to be the speaker at their law firm's networking cocktail party. Monica Bay, Editor-In-Chief of Law Technology News welcomes Attorney Jane Fergason, chair of the Gardere Wynne Sewell Women's Council and Jennifer King, assistant director of marketing & business development for Gardere Wynne Sewell LLP, to talk about this star-powered celebration and how you too can plan your next 'green' event."

Podcast: Play it here | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 16 March 2009

From the blog: "Thanks to my friend Grant Griffiths (@grantgriffiths) for making me yesterday's Blogger To Watch & Read. It's kinda like having a bunch of people show up unannounced and I'm caught without enough pigs-in-a-blanket to make a proper party.

In the off-chance that a few of you blindly hit the "add to my RSS feed" button on Grant's say-so (and he often has the power to do that), I figured I better get something up here and quick.

Today I want to talk about law practice in the new economy. I'm struck by that theme lately on account of a few things. (1) The down economy (2) An article I wrote on Macs & Marketing (3) This awesome post by Chuck Newton, and (4) A book I read by Mark Merenda called "Life Rewards Action" (which you can free on his website - pure content)

There seems to be a lot of chatter about whether the practice of law will become commoditized (see this post, and this fellow Solo Practice University faculty member). Many successful lawyers are now unbundling their services and looking to leverage technology to offer very cost-effective legal services..."

Full text and active links are available at the source site listed below.

Source: Another Thing To Do, no date listed

Posted by Ernest Svenson: "The Delaware Employment Blog offered up some excellent tips on how to use PDFs in when doing legal research.  I have been using this method for years, and find it much superior to saving caselaw in Word or Wordperfect format.  After all, you're not going to be editing the cases are you?  I posted a comment to the the blog to explain how I address the issue of copying and pasting.  Anyway, go read the post if you want the scoop on using PDFs for research."

The active links are available at the source site listed below.

Source: PDF for Lawyers, 3 March 2009

From the blog: "Recently, stem cell research has made its way back into the news and this article from howstuffworks.com offers an easy-to-understand crash course on the science behind the debate.

From Librarians' Internet Index: New This Week

The active links are available at the source site listed below.

Source: Moritz Legal Information Blog, 16 March 2009

Posted by Bonnie Shucha: "From the NYT:

Google stepped up its attack on the telecommunications industry on Thursday with a free service called Google Voice... [The service] is intended to simplify the way people handle phone calls, voice mail and text messages...

Google Voice allows users to route all their calls through a single number that can ring their home, work and mobile phones simultaneously. It also gives users a single and easy-to-manage voice mail system for multiple phone lines. And it lets users make calls, routed via the Internet, free in the United States and for a small fee internationally...

There are also a slew of other features available such as call screening, blocking, voicemail transcripts, email or text notifications, conference calling and more. See the Google Voice Features page for more info, including video demos of each feature.

The service is initially only available to a select group of users but Google says the general public will be able to use it in the coming weeks. Definitely watch for news when it does become available. This is going to be huge."

The active links are available at the source site listed below.

Source: WisBlawg,12 March 2009

In the news: "Laid-off workers in any industry are bound to be distressed, bitter and potentially litigious -- especially when facing the current job market. But law firms have a few added reasons to proceed with caution when they part ways with attorneys and legal staffers. Law firms generally have far less experience with mass layoffs than their corporate counterparts, and attorneys are also more familiar with their legal rights. In addition, layoffs may tarnish a firm's reputation and hurt recruitment."

Read full text

Source: Law.Com's Daily Legal Newswire. 16 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Ron Friedmann: "Clients must pay attention to how their law firms work. More savings may flow from changing how lawyers work than from bargaining down rates. BigLaw firms are cutting staff. Are the changes good for general counsels? 

The demand for legal services has plummeted, so laying-off lawyers and staff is a painful necessity. But do some lay-offs lead to better value for clients than others? To make this big topic manageable, let's focus on secretaries. Since lawyers started using PCs almost two decades ago, thus changing how they use secretaries, few law firms have rationally managed the lawyer to secretary ratio.

Legal secretaries, other law firm workers getting laid off (Philadelphia Business Journal, 20 Feb 2009) reminds us of this. For example, Cozen O'Connor CEO Tad Decker says the firm "had a lawyer-to-secretary ratio of less than 2-to-1 and the layoffs will allow the firm to assume a ratio more in line with its competitors." In my view, ratios of less than 2:1 typically suggest a firm has not been managing its secretaries well.

From a client perspective, however, potential secretarial over-staffing is not a problem and may even be a benefit because it may mean lawyers bill less time for ministerial work that they delegate to secretaries.

The opposite, however, is not true. Clients should care if law firms have too few secretaries. The article quotes recruiters who say some firms are now moving to 4:1. This may be too little support. If so, lawyers might bill for work that they could otherwise easily delegate: typing, formatting, scheduling, preparing overnight parcels, etc. Clients could end up paying more than they should.

There may not be a magically correct ratio but it is clear that firms should analyze needs and staff consciously to make sure lawyers receive the right level of support. For those interested in more on this topic, see

• Managing Law Firm Secretarial Ratios the Right Way (my 30 Dec 2008 blog post at Integreon)
• Toward More Rational Law Firm Lay-offs (this blog, 12 Feb 2009)
• An Interesting Take on the Future of Legal Secretaries (this blog, 28 Jan 2009), reporting on a Jordan Furlong blog post" 

The active links are available at the source site listed below.

Source: Strategic Legal Technology, 7 March 2009

Posted by Ron Friedmann: "Would you see a doctor who does not use current diagnostic and therapeutic treatments? If you answer yes, perhaps you are a lawyer who has yet to master legal technology. 

Technology Changes Law Firm Management by Jeremy T. Elman, McDermott Will partner (Law Firm Partnership & Benefits Report newsletter, 9 Mar 2009) is a good but surprising article. Elman writes how legal tech has changed law practice: "the road to partnership ... is increasingly paved with computer clicks." He suggests ways for lawyers to gain comfort with technology.

The surprise is that the legal profession stills needs such articles. More client focus on how lawyers practice would unveil the inefficiency of the hold-outs. Perhaps the current economic crisis will finally cause this to happen."

The active link is available at the source site listed below.

In the news: "Some law firms thrive in bad times, others suffer. But whether your firm is stable or teetering, this is a great time to pay attention to your existing case or matter management system and better exploit its capabilities to lower costs and increase your firm's profits in tangible ways."

Topics discussed include:

WHERE IS EVERYBODY?

LESS CAN BE MORE

MERGING DOCUMENTS

SYNCHING CALENDARS

SEARCHING

MANAGING DOCUMENTS

COMMUNICATING WITH CLIENTS

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Source: Law.Com's Daily Legal Newswire. 16 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the blog: "Yesterday's post focused on how to avoid situations in which different representatives will give conflicting information to your customers. While avoiding the situations is obviously the ideal thing, chances are, you will encounter problems with misinformation being given at least a few times and find yourself having to deal with it.

So what do you do when a customer tells you he or she was told something else by another representative?

• Apologize for the miscommunication...
• If possible, provide proof...
• If it's simple, give it to the customer...
• If it's complicated, try to compromise...
• Tell the customer where to get information in the future...
• If possible, follow up with the original employee..."

Conflicting Customer Service: Part 1 of 2

Full text and the active link are available at the source site listed below.

Source: Service Untitled, 11 March 2009

From the blog: "These days, your clients have lots of choices.

You're not their only source of information about the latest SEC or IRS regulation, the latest change to COBRA, or what some appeals court just decided.

You're not the only one publishing client alerts or newsletters about such matters of import. So are your competitors -- the very people who would like to take your clients from you and claim them as their own.

Your clients have choices, and they'll exercise them. They don't have to read your client alerts; they can choose from a wide selection. They can choose to read the client alerts that are the most timely, the most informative, and -- since time is precious -- the most concise. They can certainly choose to read alerts that are well written and ignore those that are not.

So, if your client alerts aren't well written, informative, and concise, then you've left a door open -- a door through which long-time clients can be persuaded to leave.

Read the rest of this entry »"

The full text of this post is available at the source site listed below

Source: Set in Style, 4 March 2009

From the site: "Hosts: Denise Howell, Evan Brown, Colette Vogele, Jonathan Bailey, and Rick Klau

Larry Lessig, downloading YouTube, Facebook and Twitter EULAs and licensing, and more.

TWiL Wiki Shownotes

TWiL on Friendfeed

Talking points: http://delicious.com/thisweekinlaw/21.

Audible picks: Anathem, Unabridged, By Neal Stephenson, Narrated by Oliver Wyman, Tavia Gilbert, William Dufris, Neal Stephenson. For a free audiobook, visit  AudiblePodcast.com/twil.

Thanks to Cachefly for the bandwidth for this show."

Running time 1 hour, 44 min. Play from site or download to MP3.

The active links are available at the source site listed below.

Source: This Week in Law, 26 February 2009

From the e-newsletter: "March 19, 2009 / Webcast. Email archiving can benefit both IT, legal and business productivity, but how to harness all the benefits can be complex. Whether you have started planning, have a solution you are not happy with, or are not sure where to start, we would like to invite you to bring your questions and issues to our panel of email archiving, eDiscovery and Exchange experts."

Read more...

Source: FindLaw's Modern Practice. 13 March 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Frank Watson: "The e-Justice blog gives a detailed list of how Google collects information about its users. Some of the items on the list only apply to advanced users of Google products but laid out like they are it makes for an intimidating read.

The first three most are conscious of our searches, the web pages you visit and the blogs you read, others like financial information and what's on your PC may surprise people.

It is worth having a look over."

The active link is available at the source site listed below.

Source: Search Engine Watch, 12 March 2009

From the e-newsletter: "FindLaw columnist and Cornell law professor Michael Dorf examines some evidence -- including the Supreme Court's recent decision in Wyeth v. Levine, a major case on whether federal law preempts state law -- that may indicate that the Justices are ultimately driven by results, not legal reasoning. Dorf's argument is based in part on two observations: First, the Justices who tend to be most sympathetic to states' rights claims when the issue is the scope of congressional power tend also to favor a broad view of federal preemption, even though preemption displaces state law with federal law. Second, the Justices who take a broad view of congressional power tend to take a narrow view of preemption. In light of these inconsistencies, he asks, is the best explanation for the Justices' votes simply their policy preferences?"

Read more...

Source: FindLaw's Practice Paper. 12 March 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

From the site: "How will the pharmaceutical companies, doctors and patients and legal cases be impacted by the recent SUPCO ruling in the Wyeth v. Levine case? Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi as they welcome Wyeth's attorney, Bert W. Rein, founding partner of the law firm, Wiley Rein LLP, to discuss the wide-reaching impact this ruling will have for many years to come.

Right Click and Download  Play Windows Media"

The active links are available at the source site listed below.

Source: Legal Talk Network, 12 March 2009

From the site: "In this episode host Attorney Gilda Mariani speaks with Professor Rebecca Morgan, the Director of the Center for Excellence in Elder Law at Stetson University College of Law, and John Christopher, a multi-media presentation consultant who works at DecisionQuest, about the innovative use of technology in the courtroom to provide the elderly and people with disabilities with equal access to justice. Hear a description of the model Eleazer Courtroom at Stetson's main campus at Gulfport Florida.

Right Click and Download  Play Windows Media"

Posted by Tom Kane: "Focusing on prospects in a down economy - or any economy for that matter - is far down my list of suggested marketing priorities. On a scale of 1 to 10, I'd rank it a 15. Business development activities should be focused on existing clients and referral sources 99.9% of the time in my opinion. There are a few exceptions, but not many.

An aside: I had a partner one time, when I was in-house, who told me - no ordered me - to focus on bringing in new clients, and "stop wasting our time on existing clients we already have." Putting a high priority on retaining existing clients, and trying to get more work or referrals from said clients was not on his radar screen. He was a bit long in the tooth, so his radar was WWII vintage, and we can pardon him for his lack of marketing sophistication.

Today, there is no such excuse. This past Wednesday, I had the privilege of listening to a free webinar hosted by John Jantsch of Duct Tape Marketing blog fame. His panelists consisted of three highly respected experts in the field of referral marketing - Ivan Misner, Bill Cates and Bob Burg. I thought I pretty much understood the value of referrals. Now, the word "clueless" comes to mind. To say the least, I learned a few things (and I expect I can learn a whole lot more) listening to these guys.

Here are a few of their pointers:

Key elements for a referral foundation: Visibility, Credibility, Profitability (includes reciprocal referrals);
Being referable - i.e., potential referrers know you (and what you really do), like you and trust you;
Common mistakes - not prepared, no system, no script, not collaborative and don't ask for referrals;
Focus on giving vs. getting - add value by sending referrals first;
Develop trust - it is "the ultimate root and source of referrals;"
Over 71% of new business comes from referrals;
Women give two to three times more referrals than men;
Sources of referrals: clients, personal networks and strategic partners; and
"Referrals are King" in current economic climate - "More important than ever."

That's just part of what was covered in the webinar. You may want to buy one or all of their books to learn more. I intend to.

Thanks, John."

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 12 March 2009

From the Web Site:

"Tired of loading podcasts onto your iPod? Try Lexy. The easy-to-use service sends news and entertainment "quikcasts" to your cell phone. Sign up for free to build a playlist; use the Share voice command to shoot a clip to a friend.

Direct to Lexy

[Their] Source: Lexy and Wired News" 

The active link is available at the source site listed below.

Source: ResourceShelf, 12 March 2009

In the news: "If you want to create your own video marketing content, know that most cameras sold today are good enough to develop and distribute video via the Web, says attorney Gerry Oginski. But you need to know the different types of cameras before deciding which is right for you and your budget."

Types of camera discussed include:

MiniDV tape camera...
Cameras that record to optical discs...
Cameras that record to flash media cards...
Cameras that record to a hard disk inside the camera...
Cameras that record in high definition...
Cameras that import into video editing software...
Flip cameras...

Read full text

Source: Law.Com's Daily Legal Newswire. 13 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the e-newsletter: "As you prepare your income taxes for filing in time for the April 15 deadline, FindLaw's Tax Center can help you find an IRS form or publication, or tax forms from your state's tax agency. Browse frequently-requested IRS forms and publications, search for a specific IRS form, or go directly to the "Forms" page on your state tax agency's web site.

Read more...

Related Resources
• Find Tax Forms From Your State's Tax Agency
• Browse FindLaw's 2009 Tax Center"

Source: FindLaw's Public Advisor. 12 March 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Sabrina I. Pacifici: "News release: "The World's 50 Safest Banks 2009 were selected through a comparison of the long-term credit ratings and total assets of the 500 largest banks around the world. Ratings from Moody's, Standard & Poor's and Fitch were used." [Note: only two U.S. banks on this list - 26. US Bancorp and 47. JPMorgan Chase]

·  Related postings on financial system

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 11 March 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

From the e-newsletter: "Comparison of state laws relating to embryonic stem cell and fetal research, with charts showing whether each state specifically permits research on a fetus or embryo, restricts research on the aborted fetus or fetus/embryo resulting from sources other than abortion, has consent provisions, and restricts the purchase or sale of human tissue for research. Includes an overview of the issue and links to laws and to related resources. From the National Conference of State Legislatures (NCSL).
URL: http://www.ncsl.org/programs/health/genetics/embfet.htm
LII Item: http://lii.org/cs/lii/view/item/23987"

Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 12 March 2009. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.

Posted by Raymond Ward: "What are the 100 most beautiful words in the English language? Lexicologist and poet Robert Beard, a.k.a. Dr. Goodword, submits these 100 words for your consideration. The list includes many words that I can imagine using in a brief.

p.s. (9 Mar. 2009): For a contrary view, see The 100 Most Niveous Words at The Client Revolution."

The active links are available at the source site listed below.

Source: the (new) legal writer, 3 March 2009

Posted by Penelope Trunk: "This is a guest post from Jamie Varon. She's 23 years old. Her blog is called intersected.

Not too long ago, I started a new job, in which I moved my self from point A (college town) to point B (Bay Area). This was supposed to be my career launch. It took me about two weeks to admit to myself that I was unhappy. So I quit.

I had the security of knowing I could go back to my parents' house to live. (Which, by the way, is such a good idea that 65% of new grads do it.) Here are five reasons why I am sure it was a smart decision to quit my job after just two weeks:

1. Your job performance will be terrible if you hate your job...

2. You'll have more respect for yourself if you respond to your needs...

3. You'll prove your commitment to passion and engagement at work...

4. You'll do the company a favor...

5. You'll set yourself up for success...

Full text and active links are available at the source site listed below.

Source: Penelope Trunk's Brazen Careerist, 11 March 2009

In the news: "George Orwell's state-run surveillance society did not predict a time when people would voluntarily publish private chronicles for public consumption. Online social networks are part of an age of unprecedented self-surveillance, pushing criminal evidence into uncharted waters."

Read full text

Source: Law.Com's Daily Legal Newswire. 11 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Mary Ellen Bates: "If you want to search the best of the legal web (OK, I mean that portion of the web that has law-related content), a nice tool I use is the Legal Research Engine, created by the Cornell Law Library. 

You can limit your search to legal research guides, the best of the legal web, and/or academic blawgs from law professors.

[See Screen shot at the source site listed below]

What I really like about this site is that it's clear, easy to use, and a great example of what any information center or independent info pro could do for a client group. These are "just" Google custom search engines -- very well-designed, well-tuned search engines, but the capacity is there for anyone to build a similar resource on a topic they are equally familiar with."

The active links are available at the source site listed below.

Source: Librarian of Fortune, 6 March 2009

From the site: "Join In-House Legal, host Paul D. Boynton Esq., as he brings two important legal topics to the table. In our first segment, Paul welcomes Maria Rodriguez, a partner with Winston & Strawn LLP in Los Angeles, to discuss the Lilly Ledbetter Fair Pay Act of 2009 and how it affects employers. Paul will also talk to Richard Stout, director of the Litigation Support Division for Counsel on Call and Dennis McKinnie, executive director of Counsel on Call's Atlanta office, about how your legal department can save money through e-discovery."

Right Click and Download  Play Windows Media

Posted by Evan Schaeffer: "From the weblog Deliberations ("law, news, and thoughts on juries and jury trials") comes the "2009 Guide To Jury Blogs And Feeds," a long list of weblogs and other sources.

There's plenty of good information here for trial lawyers, such as a site called "Jury Experiences," in which jurors can post anonymously about jury duty.

Don't forget to add Deliberations itself to the list of jury-related weblogs."

The active links are available at the source site listed below.

Source: The Trial Practice Tips Weblog, 10 March 2009

Posted by Ed Poll: "Put a "positive spin" on the description of your services. I have been saying this for many years in the context of preparing your billing statements for work done for clients. 

I used the newspaper metaphor to elaborate on my point. Most newspaper readers skim the paper's columns. They will read the first few sentences, and then skip down through the article. 

So, too, does a client in reading your billing. If you can put a positive spin on what you did and highlight the benefits received by the client, even though there may be and usually are some negatives in every matter, the client will ignore those (especially in the billing statement).

We tend to focus on the first portion of the billing.  This, if positive, will put the client in a better frame of mind and much more willing to pay your fee...

Full text and the active link are available at the source site listed below.

Source: Law Biz Blog, 4 March 2009

In the news: "Even in the best of times, it's not a good idea to wait until the fourth quarter to begin addressing bill collection issues. Consultant Jake Krocheski notes that in these more challenging times, it is vital to be proactive, to have a good management system in place at the beginning of the year, and to follow through vigilantly all year long. Krocheski suggests that law firms take several steps, both internally and with clients, to get a handle on the bill collection process before things get out of control."

Read full text

Source: Law.Com's Daily Legal Newswire. 11 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Jim Hassett: "In the current economy, other lawyers will be coming after your clients.  Every lawyer would therefore be well advised to increase client satisfaction and protect the relationships that ultimately pay your salary, bonus, and rent.  You can't make clients too happy.

Review these best practices from other law firms and select the tactics that best fit your practice.  

For current clients:

1. Schedule a free visit to a client's office, to discuss the client's business needs.
2. Schedule free monthly meetings or telecons "off the clock." 
3. Conduct a formal or informal client satisfaction interview.
4. Ask the client what needs to be improved--responsiveness, timeliness, cost, and/or value--and brainstorm together about how to accomplish this.
5. Improve communication about the business implications of legal matters.
6. Increase transparency in budget estimates and billing.
7. Promote efficiencies to reduce cost, and tell clients about them.
8. Tell clients what they can do to help control or reduce legal costs.
9. Organize a client service team.
10. Improve your active listening skills.

For some litigators and others, referral sources are the most important source of new work, and should be treated as if they were clients..."

His ten best practices for referral sources can be found at the source site listed bleow.

Source: Legal Business Development, 9 July 2008

The First Rule of Learning Legal Writing

Posted by Wayne Schiess: "For me, the first rule of learning legal writing, in law school and in practice, is this:

• Do not mimic the format, style, or citation form of judicial opinions.

Sorry, your honors.

In your defense, I will point out that some of the formatting and citation problems are created by publishers, both online and print. And you deserve some slack and my thanks because you grind out tons of writing that litigants and society need--thank you. But my first rule remains.

See also Steven Stark, Why Judges Have Nothing to Tell Lawyers About Writing, 1 Scribes Journal of Legal Writing 25 (1990).

The Second Rule of Learning Legal Writing

For me, the second rule of learning legal writing is this:

• You must learn legal writing throughout your career--in law school and after.

Do not assume you're done studying legal writing after your law school legal-writing course. You're not. Do not assume you're done learning legal writing when you finish law school. You're not. Never stop studying legal writing or writing generally. Never be satisfied with your writing skills. Always seek to learn and improve.

See also chapter 2 of my book Better Legal Writing."

Source of both posts: Legalwriting.net Blog, here and here, 6 March 2009

Posted by Jim Calloway: "Jared Correia of the Massachusetts Law Office Management Assistance Program brings us Carded!: 10 Ways to Make Your Business Card Your Calling Card  Jared has some interesting and cutting-edge ideas that will certainly make you think. And why don't lawyers typically have their pictures on their business cards anyway? Tradition?

Well, way back in 2001, I wrote a piece called The Lawyer's Business Card. I was reminded of it because Jared mentioned the back of the business card and for that article, a Tulsa lawyer shared with me an interesting idea about the back of his business cards."

The active links are available at the source site listed below.

Source: Jim Calloway's Law Practice Tips Blog, 9 March 2009

By Stephanie L. Kimbro: "Smartphones, text messaging, WiFi, and other innovations make "out of the office" an obsolete phrase. Clients, are often tech-savvy and expect communication from their lawyers to be quick and convenient. Learn about a tool for attorneys that makes client communications a no brainer."

Read full text

Source: Law Practice Today, February 2009

Posted by Allison Shields: "As social networking becomes more and more popular, and as lawyers become more willing to engage in online interactions, this question crops up more frequently.

There are some professionals out there who believe that 'friending' or linking to as many people as possible is the way to go. But (like any other tool), it depends on what your purpose is and what your goals are - what result do you want? I want my LinkedIn network to be as useful as possible not just for me, but for others in my network. That means I need to know enough about my connections and to have enough of a working relationship with them that I can feel comfortable making introductions and referrals.

When I receive a link request from someone I don't feel I know well enough to introduce or refer - or to call upon if a need for their services arises - I generally send an email or make a telephone call to find out more about that person and their business - and perhaps to meet them in person, if possible -before accepting the invitation.

Questions to ask when determining when to link to or 'friend' someone include:..."

Continue reading this interesting post at the source site listed below.

Source: Legal Ease Blog, 10 March 2009

Posted by Jonathan Rosenfeld: "When you become aware of mistreatment of a nursing facility it is important to get your loved one the medical treatment they need and then get into 'fact collection mode'. In fact collection mode, you are beginning to collect information about the incident, acts of the nursing home staff and medical condition of your loved one. Doing some preliminary work before you meet with a lawyer will prove for a more effective meeting.

Don't assume you will remember all facts regarding the incident. As time goes on, your memory will begin to fade. The following steps will help you organize your thoughts during a stressful time and to give an attorney the information he needs to work best on your behalf.

Despite the urge to block out the unpleasant facts and circumstances leading to an injury, much of the information listed below should be obtained as soon after an incident as feasible. The following information will prove to be valuable in both assessing the facilities responsibility and potentially as evidence to be used at trial.

Photographs...

Start Writing...

Medical Chart...

Chronology...

Other Relevant documents...

There really is no such thing as providing a lawyer with too much information. An experienced nursing home lawyer will be able to sort through the materials and determine what information is relevant to your case. Further, a law office that regularly handles nursing home matters should be able to access much of the above information with the use of properly executed medical authorizations.

The bottom line is that you should not let your inability to access certain information delay from meeting your meeting with an attorney as soon as you are comfortable. Meeting with an attorney soon after an incident will provide the best opportunity to secure information relevant to your case."

Full text and active links are available at the source site listed below.

Source: Nursing Home Abuse Blog, 9 March 2009

Hat Tip to Colin O'Keefe at Real Lawyers Have Blogs on 9 March 2009

Posted by Chuck Kallendorf: "...Update Your Bookmarks!

Effective March 9, 2009, the Supreme Court of Ohio Web site will have a new URL and modified directory structure. While every effort will be made to provide automatic redirects, it is recommended that users take the time to update their bookmarks."

The new URL is http://www.supremecourtofohio.gov/.

Source: Cincinnati Law Library Blog, 2 March 2009

Posted by Tom Kane: "Doing a good job for your clients, keeping them informed, not overlawyering or overbilling, treating them with respect, and visiting your clients off the clock are just a few of the ways you can bring value to your client relationships.

Jim Durham, formerly CMO at Ropes & Gray in Boston, spoke to the Delaware Valley Law Firm Marketing Group recently and equated the phrase "Listen to Your Clients, Stupid" with the KISS truism.

Not only is listening to clients simple, it is vital IMHO.

Jim's speech, as recounted by Julie Meyer on Law.com's Small Firm Business, addressed successful marketing principles AKA listening to clients by providing value and seeking feedback.

Some of Jim's suggestions included:

• Asking clients for input to your business plans,
• Communicating effectively,
• Seeking and responding to client feedback,
• Listening to clients (at least 50% of the time, I might add),
• Showing clients you care, and
• Offering alternative fee options.  

Retaining clients basically boils down to whether they value your services, and that may equate to whether they had a good experience in dealing with your firm.

Jim also highlighted two signs where clients may not have had a good value experience:

1. When a firm is asked to respond to a client's RFP, and
2. A client mentions the name of an attorney with another firm in response to the "Who is the best lawyer" you have ever worked with?

So again, how would your clients value your services?"

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com,10 March 2009

From the blog: "Over the last year, spinach, tomatoes and peanut butter have all made headlines as outbreaks of E.Coli and Samonella have caused many people to wonder about the laws protecting our food sources. If you are interested in learning more about the laws and regulations surrounding food safety, you may want to check out this website listing a number of different resources available on this subject.

From Due Process: The Georgetown Law Library Blog

Litigation Management

From the site: "In this edition of Ringler Radio, host, Larry Cohen and colleague Teddy Snyder, attorney and a Certified Structured Settlement Consultant, welcome Adam Potter, Founder and Executive Director of the Council on Litigation Management, to discuss the importance of litigation management in today's world. They will discuss how you can polish your litigation management skills and use the power of networking."

Right Click and Download  Play Windows Media"

The active links are available at the source site listed below.

Source: Legal Talk Network, 9 March 2009

When a Dog Enters the Courthouse

From the site: "In this episode host Attorney Gilda Mariani speaks with senior deputy prosecutor Ellen O'Neill-Stephens, founder of the Courthouse Dog Program, and Deborah Starr, a psychologist who works at DecisionQuest, about how trained and certified "courthouse" dogs provide emotional support for everyone in our criminal justice system and how these animals have changed lives. You won't want to miss hearing about this fascinating program that is gaining national momentum.

Right Click and Download  Play Windows Media

The active links are available at the source site listed below.

Source: Legal Talk Network, 6 March 2009

Communicate Your Way to a New Job after a Layoff

In the news: "Consultant Joey Asher writes that he can't remember a time when it has been more important for attorneys to know how to sell themselves in job interviews, and he has some advice for those attorneys finding themselves without work: Don't just polish off the resume and start the grind of interviewing. Use the opportunity to work on honing your communication and selling skills. Nothing will make you more successful at winning jobs and, just as important, succeeding at the job once you're hired, Asher says."

Read full text

Why I Hate Technology and How to Fix It

In the news: "As manager of law department operations for Aon Corp., David Cambria spends time and energy -- possibly too much -- translating "techie" for his firm's attorneys who are, effectively, his clients. Here's what Cambria hates about technology, in terms any lawyer should understand."

Read full text

My Face in Your Book: Democratizing the Social Networks

In the news: "As social networking Web sites become more than just a virtual place for the global community to link to friends, they test our social, legal and personal boundaries, says attorney Harry A. Valetk. Last month, when it faced a virtual revolt after changing its terms of use, Facebook discovered that social network democracy has officially arrived -- one that places user expectations before corporate legalities. Web users have unparalleled power to reach top management at online companies -- and be heard."

Read full text

Source: Law.Com's Daily Legal Newswire. 10 March 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Allison Shields: "March is Women's History month, and this month's Pink magazine (February-March 2009) includes an article about 13 women political leaders around the globe. According to the article, of 195 nations in the world, 13 are run by women (in other words, the president or prime minister is a woman), and another 31 have vice presidents or deputy prime ministers who are women. We've come close in the U.S., but so far, our women haven't made it to those positions. Perhaps these women will be an inspiration to rising female U.S. political hopefuls. Since politics and law go hand in hand, attorneys take note!

I may be showing my ignorance here, but I didn't even know the 13, so in honor of Women's History Month, here they are:

Michelle Bachelet, President of Chile since 2006

Luisa Diogo, Prime Minister of Mozambique since 2004

Cristina E. Fernandez DeKirchner, President of Argentina since 2007

Zinaida Grecianii, Prime Minister of Moldova since 2008

Tarja Kaarina Halonen, President of Finland since 2000

Ellen Johnson-Sirleaf, President of Liberia since 2006

Borjana Kristo, President of the Federation of Bosnia since 2007

Gloria Macapagal-Arroyo, President of the Philippines since 2001

Mary McAleese, President of Ireland since 1997

Angela Merkel, Chancellor of Germany since 2005

Pratibha Patil, President of India since 2007

Michele Pierr-Louis, Prime Minister of Haiti since 2008

Yulia Tymoshenko, Prime Minister of Ukraine since 2006

The active link is available at the source site listed below.

Source: Legal Ease Blog, 6 March 2009

Posted by Carolyn Elefant: "There's an interesting article in Chicago Lawyer describing the many ways that lawyers are using Web 2.0 applications and social media.

For example, Tom Skallas, a 35-year-old partner at Holland & Knight, uses both LinkedIn and Facebook to network with individuals. These help him keep in touch with clients and sometimes lead to business:

Skallas connected with a grade-school friend whose line of work fit with what he does as a lawyer, and they began a professional relationship.

"I always believe lawyers are a little behind in terms of accepting new ideas, and new ways of communicating," Skallas said. "I think you have a whole generation of people growing up on this stuff. If you intend to reach out to them, then you need to do it on their terms.

"I communicate all day long and sometimes all night long with my clients. Staying connected with them is sort of critical. In order for me to generate revenue I have to maintain those relationships and create new ones," he said. "It's not that Facebook or LinkedIn is anything that special. It's another means of facilitating that communication."

Other lawyers use the sites for trial prep:

Posted by Evan Schaeffer: "Earlier this week, I highlighted a good trial practice weblog written from a plaintiff's perspective: Plaintiff Trial Lawyer Tips.

To balance things out, I wanted to call attention to two other weblogs -- this time from the defense side -- whose authors work hard to write detailed, well-researched posts.

• Drug and Device Law. Written by lawyers Jim Beck and Mark Herrmann (of Dechert LLP and Jones Day), the weblog contains "personal views of various topics that arise in the defense of pharmaceutical and medical device product liability litigation." Representative recent post: "Wyeth v. Levine -- First Real Thoughts."
• Jackson on Consumer Class Actions & Mass Torts. Written by Russell Jackson of Skadden, this weblog strives to spark a "continuing conversation about consumer class actions and mass torts." Representative recent post: "First Circuit Clarifies CAFA Removal Standards."

That's right, two more weblogs for your RSS reader."

The active links are available at the source site listed below.

Source: The Trial Practice Tips Weblog, 5 March 2009

 From the blog: "Trying to kick your caffeine habit? The AmLaw Daily recently published an article that outlines why coffee is so effective in keeping us awake and alert, but also offers tips on how to curb your intake.

From Ross-Blakley Law Library Blog

The active links are available at the source site listed below.

Source: Moritz Legal Information Blog, 6 March 2009