May 2009 Archives
Posted by Carolyn Elefant: "Let's say that you're a divorce lawyer and you want to help your client figure out whether her spouse is cheating. You could hire an investigator -- but that could get pricey. Or you could try to get your hands on the spouse's automated toll paying service records which would yield information on his whereabouts if he happened to drive through a toll plaza.
These days, a divorce lawyer's best friend in this kind of situation is a GPS (global positioning system), according to the Chicago Sun-Times. A spouse can legally conceal the GPS in the glove compartment or seat pocket, and depending upon the model of the GPS, track his or her partner's whereabouts in real time. With GPS units selling for less than $1,000, they're now regarded by divorce attorneys like
According to the article, Mirabelli rarely even bothers to subpoena I-Pass reports, because the GPS information is much more detailed. And he claims that GPS trackers have saved him up to 80 percent of the expense of hiring a private investigator who might sit around for 12 hours a day without witnessing any activity.
Because many jurisdictions are "no fault," evidence of infidelity won't affect division of assets. However, evidence generated by a GPS can still be used to demonstrate that a spouse is unfit where custody is an issue.
The GPS sounds like a neat trick, but how long can it work? Seems to me that as word about GPS surveillance gets out, cheating spouses will simply start checking their cars more carefully to see if a GPS is concealed."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 27 May 2009
Source: Pacific Research Institute
The Pacific Research Institute (PRI), a free-market think tank based in California, today released Tort Law Tally, a new report identifying which state tort reforms reduce tort losses and tort insurance premiums the most.
The analysis identifies 18 reforms to state civil-justice systems that significantly reduce tort losses and/or tort insurance premiums. The cumulative effect of reforms across all tort categories is a 47-percent reduction in losses and a 16-percent reduction in insurance premiums for consumers. "Our study helps state legislators and legal reformers identify which tort reforms produce the biggest bang for the buck," said Lawrence J. McQuillan, PhD, project director and PRI director of Business and Economic Studies.
When tort reforms are ordered according to each reform's ability to reduce aggregate tort losses, the top eight reforms are:
1. attorney-retention sunshine (12-percent reduction)
2. Daubert rule (10 percent)
3. frivolous lawsuits (7 percent)
4. jury service (6 percent)
5. appeal-bond caps (4 percent)
6. negligence standard (3 percent)
7. non-economic-damage caps (2 percent)
8. medical-malpractice damage caps (1 percent)
+ Full Report (PDF; 555 KB)
The active link is available at the source site listed below.
Source: Docuticker, 26 May 2009From the site: "Three States , Connecticut , Massachusetts , and Nevada
Podcast: Play on page | Play in new window | Download
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Source: Legal Talk Network, 28 May 2009
Posted by Tom Kane: "In my last post, I talked about some simple, smart ideas from Reid Trautz that were pretty easy to implement. One of them involved lawyers "experiencing" what clients experience upon entering the firm's office.
Building on that idea, I came across an interview of Gerry Riskin of Amazing Firms, Amazing Practices by Arnie Herz of Legal Sanity. Although there are consultants out there who openly refer to themselves as experts or gurus (no names of course), Gerry is not one of them, because he doesn't have to, and because he is too classy. But, he is one. And I've been a fan of his for years.
In his exchange with Arnie, Gerry relates a simple tale of how a powerful, successful person he met on an airplane told him in response to a question that his "biggest complaint about a law firm" was his "reception area experience." He was pretty much ignored by everyone, including partners, who traversed the area as he sat there. It was as if he didn't exist. I can sorta empathize with that person, except for the billionaire part.
Gerry points out that obviously this is not intentional behavior, but rather "blind spots, based on familiarity." He then goes on to say that what is needed is a fresh set of eyes, and "the best source of fresh eyes is your clients." And the way to get them is to ask your clients what they like and don't like about their experience with your firm, and what should be done differently.
Good client experiences = successful business development."
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 28 May 2009
Posted by Sabrina Pacifici: "Navigating the Enterprise 2.0 Highway: Heather Colman provides an overview of Hicks Morley's implementation of ThoughtFarmer, an Enterprise 2.0/wiki style intranet platform, one year ago. Despite a few growing pains, she describes how the application was successful at meeting the primary objectives to decentralize content updates and increase knowledge sharing and collaboration within the firm.
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 27 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
By Kevin Fayle: "The folks at FindLaw's Lawyer Marketing Blog have posted an excellent rundown of how to get started on Twitter and incorporate the service into your legal marketing arsenal. Not only does the post introduce you to Twitter (just in case you've been living in a cave for the past year), it also has a list of Twitter best practices that will help you reach out to potential clients and expand your business."
Posted by Nerino Petro: "Interesting and timely article from PCWORLD titled Will Your Data Disappear When Your Online Storage Site Shuts Down? The article discusses how some of the glamor may be wearing off the cloud storage mania of recent times. For many of us, this is like Deja Vu with what happened with many ASP's in the Dot.Com bust in the early years of this century, with the poster child being Red Gorilla.
If you're not familiar with the sad story of Red Gorilla and what happened to its customers, you can check out stories like this one from CNETor this one from TechRepublic.
While I advocate the use of online back up as part of a multi-layered backup approach, I would never rely solely on online backup for my critical or irreplaceable files."
The active links are available at the source site listed below.
Source: Nerino Petro's Compujurist.com, 20 May 2009
Posted by Sabrina Pacifici: "News release: "Many people concerned about their mortgage, their job or their finances may be especially vulnerable to scams and other costly "fixes" for their problems. The Federal Deposit Insurance Corporation today issued a variety of tips to help consumers be on guard financially in the current economy. The advice was published in the Spring 2009 issue of FDIC Consumer News, the agency's quarterly newsletter for consumers."
- Foreclosure Rescue and Loan Modification Scammers Still Prey on Stressed Homeowners: Our Latest Tips
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 27 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
: "A few years back, I highlighted a small firm specializing in veterans' issues. Now, four years later demand for legal services for veterans remains high. Fortunately, for solos considering veterans rights and benefits as a practice area, there are multiple opportunities for first rate, hands on training.
Today, the Maryland Daily Record discusses the HPRP Veterans' Benefits Project, which launched last year. The program trains lawyers in the benefits process, and in turn the lawyers agree to help at least one veteran with the claims process. Forty-four lawyers have taken part in training sessions since the program began with thirty clients obtaining assistance. And if appellate work, rather than benefits applications is your thing, you can volunteer for the National Veterans' Legal Services Program in
As a solo, you're probably thinking that this pro bono all sounds great for laid off biglaw associates with generous severance packages but that it's not much value for lawyers who need to earn a living. That's where your'e wrong. First, handling a case pro bono is small compensation for the kinds of training that these pro bono programs provide - training that is transferable to a for-fee practice...
Second, even if you take on a pro bono case, you never know where it could lead...
Pro bono cases give you a chance to get out and work with other lawyers and lose the isolation that you can feel as a solo. And they give you a chance to sample a new practice area without commitment. If you don't enjoy veterans' work or find it too complicated, just finish up your pro bono work and move on to another practice area.
So why not think about serving those who've served?"
Full text and active links are available at the source site listed below.
Source: My Shingle, 26 May 2009
Posted by Carolyn Elefant: "In the past few months, most of us have seen stories such as this one about how newspapers are facing extinction, victims of widespread content available online free and recession-driven declining ad revenues. But could television be far behind on road to obsolescence?
This past weekend's Washington Post carried this interesting article, "Click Change: The Traditional Tube Is Getting Squeezed Out of the Picture" which describes that more and more, consumers are cutting the cord to their television, opting to watch shows online. And of course, even those consumers who aren't yet willing to part with their little black box (or large, flat plasma screen, as the case may be) customize their viewing experience with TiVo or other recording devices such that their television habits bear little in common with those of viewers of ten or fifteen years ago.
All very interesting. But as a reader of this Legal Marketing Blawg, you're probably wondering "So what does declining television viewership have to do with me? I don't advertise on T.V." Yet, that's precisely why this trend should interest you. Because while television is dying, you still have a chance to get a first-mover advantage on those advertising techniques that are most likely to work in the post-television age. Moreover, studying today's trends in television viewership offers insight into what kinds of messages work with 21st century consumers. Now, I'll step back and explain.
1. Positioning Yourself for the End of Television Advertising...
2. What Do Consumers Want?...
3. Final Thoughts
As the Post article concedes, conventional television viewership won't go away anytime soon, but it is declining and it is changing. Still, by acknowleging and learning from these trends, you can position yourself to effectively market your legal services in a less-than-television-centric world."
The full text of this post is available at the source site listed below
Source: Nolo's Legal Marketing Blawg, 18 May 2009
Posted by Chuck Newton: "Oh, that is a mouthful, but it is true.
I read this recently about business in general and I think from my experience it applies to law clients as well. A referral has a 60% chance of becoming a sale, with other methods coming in a distant 10% or less. It is actually a lot less.
Does this mean that an attorney is not closing 90% of the clients that go through his office based upon advertising, let us say?
No. But, what it does say, and what we know is true, is that 60% of those people referred to you by a reliable source are likely to make their way through your entire system, from calling, to booking an appointment, to actually showing up at your office, going through the legal options available with you, agreeing to retain you and actually paying you money...
Continue reading this interesting post at the source site listed below.
Source: Chuck Newton Rides the Third Wave, 26 May 2009
Posted by Toby Brown: "Geek Number 2 of the 3 Geeks and I were strategizing about our Crowdsourcing project over some adult beverages recently and got to philosophizing about alternative fees. Greg had posted a comment on my recent post about how things won't change with current thinking. We ended up talking about how GCs (even when they're insulted by the billable hour) always go back to the billable hour when evaluating firms' prices. I commented about the FMC Technologies' Value Challenge as an example, since that billing model is built on hours.
Then it occurred to me. We need a Fixed Fee Challenge!
I challenge clients to accept purely fixed fee bids for their work. In this challenge clients can't ask how many hours will be used or what are the underlying billing rates. It's been my experience on numerous alternative fee bids that clients always go to these issues. They're concerned that they will pay too much. I have even heard of clients asking if they have to pay the whole fixed fee if a firm delivers results sooner than expected. So this challenge would force a client to evaluate price based on the overall fee and not hours or rates.
Of course 're-openers' will be allowed. These are events that are outside the scope of the work that bring a client and firm back to the fee table. This falls within the Challenge, since a fixed fee would be for a defined project. Needs outside that project would be addressed separately. This is like the auto mechanic who gives a fixed fee for replacing the radiator, but can charge another fee when he finds the water pump has gone bad too.
I predict finding clients wiling to respond to a Fixed Fee Challenge will be more challenging than finding law firms willing to respond to a value challenge. For once though, it would be nice to be wrong."
The active links are available at the source site listed below.
Source: 3 Geeks and a Law Blog, 26 May 2009
Posted by Sabrina Pacifici: "Anatomy of a Patent Case, George F. Pappas, 2009, 154 pages
"Anatomy of a Patent Case is a concise, narrative summary of the steps required to bring a patent case to trial and of the key elements of such litigation. The central objective of the manual is to inform judges and lawyers not familiar with patent litigation of commonly used practices in this area of the law, and to offer suggestions as to how judges and lawyers may deal with some of the procedural problems presented in patent litigation. This handbook was prepared by the Complex Litigation Committee of the
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 26 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
In the news: "Far too many lawyers devote a large amount of time to presenting business pitches in front of in-house counsel, but fail to differentiate themselves in any significant way, says legal consultant and former general counsel Frank M. D'Amore. At the least, presentations that miss the mark won't help in-house counsel in their selection process, but at the worst, firms can ruin their relationship with a client. D'Amore provides three suggestions to help attorneys impress in-house counsel without trying so hard."
They are:
DON'T OVERSELL CAPABILITIES
DON'T OVERSELL ON YOUR WEB SITE
LISTEN, REACT AND MAKE TIGHT PITCHES
From the site: "How do people learn to use new technology -- and is it different for lawyers & legal technology? On this edition of the Kennedy-Mighell Report, legal bloggers, Dennis Kennedy, Tom Mighell and Adriana Linares, discuss how to break it down so it isn't overwhelming. Learn where the best resources about technology are and how e-Discovery comes into play for your law practice. Dennis, Tom and Adriana will also take audience questions from the mailbag and wrap up with Parting Shots, leaving you with lasting tips and observations. After you listen, be sure to check out Tom & Dennis' co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Podcast: Play on page | Play in new window | Download
Related Podcasts
- May 11, 2009 -- Kindle Me This
- April 14, 2009 --
- March 31, 2009 -- Reality Check: The Impact of Legal Technology for Lawyers
- April 27, 2009 -- Has PowerPoint Killed the Presentation?
- November 2, 2006 -- New E-Discovery Rules in the Federal Courts"
The active links are available at the source site listed below.
Source: Legal Talk Network, 26 May 2009
Posted by
For a lot of lawyers, the answer to that question is that a random series of links appears in the top of the search results: 10k race times and court dockets, school boards and bar association committees. It's not a disaster, but it also isn't very helpful if you are trying to build a law practice. It's inescapable: a hugely significant portion of your online identity depends on what search results appear when someone types your name in Google.
A lot of search engine optimization experts, like Steve Matthews of Stem Legal, get paid big bucks to help lawyers and law firms effectively manage their visibility in Google searches. But what do you do if you don't have the financial bandwidth to pay a search engine expert?
Ground zero for a lawyer on search engine visibility is to have a professional presence highly visible when her name is searched in Google, and that presence really needs to be at or near the top of the results. If you're not on the first page of results, you may as well be invisible. Sure it would be nice if your firm is visible when potential clients search on terms that involve your geography and practice area (such as
For a lot of lawyers whose practices are sustained largely through referrals, though, it is less critical to be highly visible in a search engine search. Once a referral has been given your name he is less likely to care whether you show up in a search for "
There are a lot of different ways to make that happen, but one free and easy ones is to maintain well curated profiles on LinkedIn and Google profiles.
LinkedIn, the professionally-oriented social networking community, makes it free and easy to create and maintain a profile. Once you create a profile, it automatically creates a public profile that is visible in search engines even to people who do not have LinkedIn accounts. The public profile (for an example, here is mine) is a stripped down version of your more robust profile that other LinkedIn users can see. It features your basic headline, current job, recent work history and education.
You can, of course, choose how much of this information you put into LinkedIn in the first place. So if you don't want your potential clients to know you spent your summers during law school as a rodeo clown, you can just leave that out. The public profile is basically a bare bones online resume.
Is this as good a solution as having a great professional website? No.
Does it solve all of your online marketing problems? No.
Is it better than having a random and desultory set of facts about you appear when your name is searched? Yes.
Is the price right? Definitely.
Gotta go Google search my name."
The active links are available at the source site listed below.
Source: Law Practice Matters, 15 May 2009Posted by Sabrina Pacifici: "Law Firms Embrace Business School 101: "At a growing number of law firms, top attorneys are being trained like business people, using executive education courses designed to strengthen management and business skills. Some firms have been actively teaching lawyers business skills for the past half-decade. But this year's shrinking client lists -- and profits -- have encouraged more law firms to invest in management education."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 24 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Tom Kane: "Reid Trautz, one of the blogosphere's pioneers at Reid My Blog, has a helpful piece in the current issue of the ABA's GPSOLO Magazine where he shares a "few management ideas that, through a small investment of time, can have the biggest impact on clients, office productivity, firm profitability, and your quality of life." Many of them would apply no matter what size your firm.
His main point is that with all the pressures on lawyers today - billing, business development, family demands/desires, managing your practice, and personal self-time - some simple management ideas could keep the best of us from burning out.
Specifically, Trautz provides his ideas in five areas: Client Service, Financial Management, Marketing, Technology, and Office Systems and Processes. Although one can argue (as I often have) that everything a lawyer or firm does is related to marketing in one way or another, I will confine this post to his suggestions in the areas of client service and marketing specifically.
Client Service
- Enter your office and open your eyes...
- Prepare a client satisfaction survey..
- Review and revise your engagement letter..
Marketing
- Require that everyone in your office understand their role in marketing...
- Keep the marketing plan simple and short...
- Turn a seminar speech into an article for publication...
- Improve your web site with testimonials (where ethical rules permit), and add a video to your site.
Not all marketing and business development ideas need to be difficult or stressful. Sometimes simple is smarter."
The full text and active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 25 May 2009
Posted by Paul Luvera: "I receive an e-mail news letter from a publication The Jury Expert at http://www.astcweb.org/public/publication/index.cfm which I find has valid helpful advice about jury selection in many of the articles. I get a number of e-mails regarding various services and publications on this subject, but this is one publication I can recommend. It is published by the American Society of Trial Consultants. Frankly, I don't know how I got on the mailing list and I am not paying for it, but I would pay for it because it is that helpful. I suggest you check it out and see what you think."
The active link is available at the source site listed below.
Source: Plaintiff Trial Lawyer Tips, 19 May 2009
Posted by Chuck Kallendorf: "Who'd believe that, at one point, at least, there were over 500 forms in use in the federal judicial system.
But after two years or work, U.S. District Judge Harvey Schlesinger's work group gotten thru them all, eliminating unused or duplicate formats, refining others, and updating the language to reflect rule changes in still others. They went to the people using the forms - clerk of courts, probation officers, magistrates, and others - for their input and suggestions.
They were "particularly aware of privacy issues and the rules on redaction that have become Judicial Conference policy since many of the forms were created," the Judge was quoted in The Third Branch, the Federal Courts' newsletter.
"We restyled language, as they've done with the Rules of Practice & Procedure, to make forms simpler, clearer, more consistent, and easier to read," Schlesinger said. "And, where possible, we made the forms fillable on-line and added drop-down boxes."
At the request of judges, a new, more detailed in forma pauperis application was drawn for use in district court proceedings. A longer form is used in connection with appeals.
All forms are available online at this link, provided by The Third Branch.
The active links are available at the source site listed below.
Source:
Posted by Sabrina Pacifici: "9 Sites That Find People and Their 'Sensitive' Information: 'Here are the best sites for locating people, as well as the best sites (like Glassdoor and Criminal Searches) for finding sensitive (but public) information about them,' Mark Sullivan, PC World"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 23 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the Web Site:
Open Jurist is a resource for access to the case law of the
+
+ Federal Appellate Courts - beginning in 1880
We currently have a total of approximately 647,000 opinions. These cases are in the public domain because of the work of Carl Malamud of Public.Resource.Org who works tirelessly to make public information truly public.
Search or Browse Opinions.
Direct to Open Jurist
[Their] Source: Open Jurist
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Source: ResourceShelf, 23 May 2009
Posted by Robert Ambrogi: "The document-sharing site JD Supra will formally launch a new feature tomorrow that makes finding and following information on specific topics much easier. The new addition -- already available on the site -- is a series of Law Centers that organize documents by topics and areas of interest. These topics are arranged under four main categories -- Business, Personal, Government and Law Practice -- with various subcategories under each.
Within each section are featured news articles along with the latest articles and legal documents posted to JD Supra that relate to the topic. Contributors are also highlighted. Each section also has its own Twitter feed where you can follow new additions. (Here, for example, is the feed for the Labor & Employment section.) I'd love to see an RSS feed also, but I couldn't find any evidence of one.
JD Supra founder Aviva Cuyler said in an e-mail that the new feature "makes the content much more accessible, and also allows visitors to see the latest cases and analysis on timely legal issues in their areas of interest at a glance. This also allows us to really showcase the contributors who are providing content on particular subjects."
You can see other posts I've written about JD Supra collected here.
The active links are available at the source site listed below.
Source: Robert Ambrogi's LawSites, 25 May 2009From the blog: "Regular crew: Ben Stevens, Finis Price, Victor Medina
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Source: Another Thing to Do, no date given
Posted by Tom Kane: "Emotion has everything to do with everything we do in life. Yet apparently, the B2B marketplace according to a Gallup Poll doesn't reflect the importance of an emotional connection when it comes to business-to-business dealings. I guess I'm surprised by that, and would think that such is not the case when it comes to the legal industry. Since we are in the personal services business and oftentimes legal issues can get very emotional, it is hard to imagine that emotion doesn't play an important role in the B2B legal world.
I'm not sure why any business, whether B2B or B2C wouldn't think that emotion is an important element in any relationship. Yet, according to that
Thanks to Mike O'Horo at SalesResults for his discussion of this in his May 19 issue of Results Mail. It got me thinking about a 2005 post of mine where I talked about the "emotion factor" and how any client relationship should contain large doses of making the client feel good about what you and your firm did for them. You might find it worth another (or initial) read.
In this economy, a little love will go a long way in retaining key clients."
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 21 May 2009
From the site: "The economic downturn has taken its toll on law firms, especially lawyers. Law.com bloggers and co-hosts J. Craig Williams and Bob Ambrogi welcome Attorney Skip Simpson from the Law Offices of Skip Simpson to explore the rash of suicides hitting the legal community and what law firms need to do to prevent them. Later in the program, Bob and Craig welcome Peter Zeughauser from the Zeughauser Group to take a look at the long-term changes in law practice caused by the recession.
Podcast: Play on page | Play in new window | Download
Related Podcasts
- July 19, 2007 -- Lawyer Depression
- July 21, 2006 -- Psychiatric Disability"
The active links are available at the source site listed below.
Source: Legal Talk Network, 21 May 2009
Posted by Allison Shields: "While the weather outside on Long Island isn't exactly balmy yet (at least not consistently), my calendar tells me that summer is approaching, and for many, that means it's time to find some great books to read, whether you prefer the paper and ink kind or reading on your Kindle or other electronic device.
Last week, I attended the American Bar Association combined Spring Meeting for the Law Practice Management Section and the Young Lawyers Division, and the theme from one of our business meetings was books. That, coupled with several recent conversations with lawyers about books prompted me to write this post. The following is a list of book suggestions compiled from my own lists, last week's meeting, and those multiple conversations.
While some of the books on this list are books you'd expect to see on a reading list for lawyers, others are rather unconventional suggestions. This list is by no means exhaustive, but I hope you find at least one book that you hadn't considered before.
My recommendations: [Comments on her choices are available at the source site listed below]
The End of Lawyers? Rethinking the Nature of Legal Services, by Richard Susskind...
Brag! The Art of Tooting Your Own Horn Without Blowing It, by Peggy Klaus...
Influence: The Psychology of Persuasion, by Robert Cialdini...
Blink: The Power of Thinking Without Thinking by Malcolm Gladwell...
The Tipping Point: How Little Things Can Make a Big Difference, by Malcolm Gladwell...
What Clients Love: A Field Guide to Growing Your Business, by Harry Beckwith...
Selling the Invisible: A Field Guide to Modern Marketing, by Harry Beckwith...
The Artist's Way, by Julia Cameron...
The Art of Possibility: Transforming Professional and Personal Life, by Rosamund Stone Zander and Benjamin Zander...
(For more of my recommendations, see my recommended reading list in the sidebar of this blog)
Recommendations from others (that I look forward to reading):
Leading Change, by John P. Kotter
Aligning the Stars: How To Succeed When Professionals Drive Results, by Jay William Lorsch and Thomas J. Tierney
The Knowing-Doing Gap: How Smart Companies Turn Knowledge Into Action, by Jeffrey Pfeffer and Robert I. Sutton
Spin Selling, by Neil Rackham
Small is the New Big: and 183 Other Riffs, Rants and Remarkable Business Ideas, by Seth Godin
World Wide Rave: Creating Triggers that Get Millions of People to Spread Your Ideas and Share Your Stories, by David Meerman Scott
10-10-10: A Life Transorming Idea, by Suzy Welch
And I got a great tip at the meeting from Tom Grella, partner and chair of the Management Committeer at McGuire, Wood & Bissette, P.A.: You can find books at great prices at www.alibris.com.
Special thanks to Jennifer Ator and John Remsen for their suggestions as well!"
Full text and active links are available at the source site listed below.
Source: Legal Ease Blog, 21 May 2009
Posted by Penelope Trunk: "Three years ago, I made a decision to move from New York City to Madison , WI
Here's some research I've found recently that you should consider if you're considering relocating:
Live by water...
Live where people have as much money as you do...
Move to where your friends are...
Move to an inexpensive city if you want to start a company...
Maybe you should stay where you are...
Full text and active links are available at the source site listed below.
Source: Penelope Trunk's Brazen Careerist, 21 May 2009
Is a Switch to Law Frim Management a Good Move for Lawyers?
In the news: "Headlines heralding shrinking first-year associate classes, law firm downsizings and reduced lateral opportunities have attorneys thinking about other career options, including a possible role in law firm management. But landing a position within the firm managerial structure is neither easy, nor is it sure to be the anticipated panacea, warns management consultant Maureen M. Reid. Much of the nature of management work conflicts with the very things that make practicing law so appealing, Reid says."
Read full text
Large-Firm Lawyers Increasingly Striking Out on Thier Own
In the news: "Lawyers from larger firms are increasingly striking out on their own -- both by necessity and by choice. Legal consultant Edward Poll says the numbers of inquiries he has received about lawyers starting new firms has more than tripled in the last year, and statistics from Martindale-Hubbell on the growth in number of firms over the past year back up Poll's experience. Financing a new firm is particularly tricky in a tight credit market, but economics can also work in favor of small firms and their clients."
Making a Case for Disaster Recovery
In the news: "At Sheppard Mullin, CIO Donna Paulson needed a disaster recovery infrastructure that could live up to the strictest data protection and business continuity standards. After intensive product testing, Paulson's team chose InMage's DR-Scout for its continuous data protection technology."
Source: Law.Com's Daily Legal Newswire. 22 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Ernest Svenson: "Interesting article on the topic of going paperless [click here]. In addition to the, by now obvious, economic and efficiency benefits, there is the environmental benefit:
"There is a clear environmental need for paperless offices. The paper industry is one of the world's major polluting industries and one of the largest contributors to greenhouse gases with over 900 million trees cut done annually. The EPA reports that paper is the number-one material thrown away, comprising 40% of our waste stream."
The active link is available at the source site listed below.
Source: PDF for Lawyers, 20 April 2009
Posted by Carolyn Elefant: "Who ever thought that a 140 character tweet could get you into so much trouble? If you haven't given the issue thought, fear not -- San Francisco-based Howard Rice Nemerovski Cannady Falk & Rabkin has done the work for you, with this fairly extensive parade of horrors that may result from an innocent little tweet.
By now, most of us are familiar with the potential for committing defamation through Twitter. But Howard Rice points out that if it's not just individuals who face liability; companies may be liable as well if an employee circulates defamatory content on a corporate blog or Twitter account. The speed and fluidity of media like Twitter can also invite inadvertent disclosure of trade secrets or nonpublic information about a publicly traded company.
Companies can also face securities fraud if they use Twitter or other social media to make misstatements about a publicly traded company. Here, the SEC has provided some guidance with Release No. 34-58288, which makes clear that a company employee "speaking" in a company-sponsored interactive forum may never be deemed to be acting in an individual capacity. Thus, a company could not disclaim liability by arguing that the employee's communications were unauthorized.
Does your company -- or your client's company -- have a policy on social media? After reading the client alert from Howard Rice, it's clear that everyone should."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 21 May 2009
Pool Safety and Healthy Swimming Tips
From the e-newsletter: "With Memorial Day weekend just around the corner, and kids nationwide counting the days until summer vacation, it's a great time to make sure pools and spas are as safe as possible for kids. Parents and caregivers should also learn how to prevent Recreational Water Illness (RWI) outbreaks that can be caused by swimming in public pools, water parks, rivers, and lakes."
Missing Jury Duty: What Happens?
Also from the e-newsletter: "An
Source: FindLaw's Public Advisor. 21 May 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the blog: "It seems that the nationwide trend among jails and sheriffs is to begin charging inmates for room and board and dramatically increasing prices for items like candy that inmates can buy from commissaries. As an article in the Christian Science Monitor reports, a jail in Missouri charges $45 a night for a stay in its brand new jail, and an Oregon Florida
The active links are available at the source site listed below.
Source:
Posted by JD Hull: "Rule Six: When You Work, You Are Marketing. From our 12 Rules of Client Service. In 2006, Mr. Rogers himself gave The Rules to my co-writer Holden Oliver and me--they were written on two legal pads, each bearing the logo Staples®--when we were up on "the mountain" at a place known as Two Bunch Palms, near
Or do you? When you work, you are marketing. You are constantly sending to your GCs, inside counsel, CFOs and other client reps barrages of small but powerful ads. They are received, and experienced, any time you do anything."
The active links are available at the source site listed below.
Source: What About Clients? 20 May 2009
Posted by Chuck Kallendorf: "The Ohio Supreme Court and lawyers practicing in this state also have a number of Court Rules going into effect on July 1st., among them Rules of Appellate, Civil, Criminal, Juvenile Procedure, and Rules of Evidence as follows:
Appellate Rules 22 & 43; Crim 10, 24, 43 & 59; Civ 4, 16, 26, 33, 36 & 37, 45 and 86
Civil Rules 10 & 86; Evidence 104, 106, 404, 411, 602-604, 606, 610-612, 701, 703, 801, 803, 902, 1004, 1007 & 1102
Civil Rules 30, 47, 53 & 86; Crim 19, 24, 46 & 59; Evidence Rules 706 and 803; Juv 40 & 47
Rules of Superintendence 44-47 on public access to court records, which were originally slated to go into effect on May 1 but were rescheduled to allow more time for judges, court staff, and members of the public & the media become familiar with them, also now become effective on July 1st..(Here) The Court has a portal at the lower right-hand corner of its website with more information and a historical perspective on public records & open government.
Additionally, there are eleven "temporary rules of superintendence" governing the administration of the five common pleas commercial court dockets in the state."
The active links are available at the source site listed below.
Source:
Posted by Ron Friedmann: "A recent law suit contends that a law firm's online research client charge-backs are unlawful. This hints at the bigger issue is what should be overhead and what should be a charged to clients.
Carolyn Elefant writes in Law Firm Markup of Research Costs:
I think this suit and her post raise two questions:
(1) What should law firms bill back to clients and
(2) If a service is billed back, how should the rate be set.
My answer to the first: firms charge for whatever they can easily meter. Legal technology - online research, fax, phone, copiers - all come with built-in metering. Books, the library itself, space to store client documents, and circulating periodicals do not. Paralegal work is easily metered; secretarial work is not. (Firms may have missed charging for secretarial time working on documents, which the DMS can meter.)
The second question is harder to answer because it turns on how one interprets the Canons of Ethics. In the past, clients voiced discontent about fax and copying as profit centers though I don't know if that ever translated into a lawsuit.
Three interpretations of this situation come to mind. Law firms
(1) work hard to allocate costs fairly to clients
(2) are randomly managed and lack a coherent vision of their core business, or
(3) are opportunistic and mercenary.
Am I missing potential explanations?"
The active link is available at the source site listed below.
Source: Strategic Legal Technology, 16 May 2009
Posted by Robert Ambrogi: "Transactional lawyers are the target users of a new Web site, TransactionSpace, that aims to make the deal-making process more efficient, intuitive and transparent. The site's tagline sums up its purpose: "You do the lawyering. Let TransactionSpace manage the process."
The site takes the three primary steps of a transaction -- negotiation, document drafting and closing -- and integrates them within an online management tool. Lawyers who use it would begin by identifying the documents the transaction will require and the parties who will have to sign each document. The system will then track the back-and-forth of negotiating and revising the wording of each document, maintaining a full record of versions and dates. Once the documents are done, the system prepares the necessary signature pages and delivers them to the appropriate parties. As signatures are sent back, they are held in escrow until all necessary signatures are in and the deal can be closed.
As all this moves forward, progress is shown graphically in a matrix depicting documents and signatories. This allows users to see the linear progression of drafts and track the status of signatures in real time.
Here is how a typical transaction would work:
1. The lawyer logs on to her home page and creates a new deal...
2. The lawyers post their drafts and redlined documents...
3. The lawyers assign parties to each document, telling TransactionSpace which signatures will be required on which documents...
4. When the documents are final, they are transmitted to the correct parties for signature...
5. Once all signatures are in, they are released from escrow and the deal is made final...
While TransactionSpace is in beta, there is no charge to use it. The developers, who are lawyers, have not decided on post-beta pricing, but say it will be based on a flexible, pay-as-you-go subscription. "We believe that simple, affordable technologies, which ultimately reduce legal fees, are crucial for law firms to survive their current struggle," one told me in an e-mail. Updates about the site will be posted on the TransactionSpace blog."
The active links are available at the source site listed below.
Source: Rober Ambrogi's LawSites, 20 May 2009
In the news: "Companies have many options to generate, receive, store and retrieve voicemail messages -- all in digital format. While more efficient and flexible, these options raise a number of issues involving the obligation to preserve, search and disclose voicemail messages relevant to litigation."
Here is a brief overview of EDD issues and how courts are addressing the discoverability of digital voicemail messages.
· DIGITAL OR ANALOG...
· DISCOVERABILITY...
· CHALLENGES...
Source: Law.Com's Daily Legal Newswire. 21 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Bonnie Shucha: "Zotero, a wonderful free resource for collecting, managing and citing sources, recently announced a major upgrade to version 2.0. "Most important among the new features is the long-anticipated ability to collaborate in groups and group libraries," according to their post entitled Zotero 2.0 Mothership Lands.
ReadWriteWeb has done a nice job of explaining the new features:
Now, users who are working on collaborative projects can finally share their research in an easy, straightforward manner. If you are working on a research project in a group, for example, you can now easily create a new group and all the members of the group can just add the papers and books they found to this new group, including notes and other remarks they added to the new entry.
Here's a screenshot of both how groups looks inside of Zotero itself (Firefox plug) as well as how a shared group appears on the web.
[View the screenshot at the source site listed below]
So you can see how it looks, here's a list of my publications which I collected using Zotero groups.
I've said it before, but I say it again: I love Zotero. It's a truly wonderful tool for compiling resources - and now it's also great for sharing them. As a librarian, I can see myself using the groups page to share bibliographies with faculty and staff members. As a incoming OneL, I can see how I might want to share resources with my classmates using Zotero Groups.
ReadWriteWeb also reports that:
Some of the most exciting changes to Zotero are still ahead. The team also announced that it expects to roll out a recommendation engine in the near future, as well as a storage solution for sharing attached files (PDFs of academic papers, for example), as well as the ability to subscribe to RSS feeds from public groups and libraries.
The active links are available at the source site listed below.
Source: WisBlawg, 18 May 2009
: "Backup of firm data is another important component to your data storage plan. Recent disasters, including Hurricane Katrina, emphasize the need for a solid backup plan. The frequency with which your firm backs up its data depends on a number of factors, including the firm size and the firm's reliance on computer data. A good policy for backing up firm data is to do it every day, so you do not lose more than a day of work in the worst case scenario. There are two components to a good firm data storage plan: on-site and off-site backup.
On-Site Backup: Like external hard drives, on-site backup is basically a process whereby changes to the firm's network are copied every day at a certain time to backup "tapes..."
Off-Site Backup: Like on-line backup, this is a process whereby the information on your network is saved daily to a remote server, allowing access to data if disaster strikes your network or if you need to access a prior version of documents you've updated...
How often has our law firm need to check out our backup? Never. I've also never had to make a homeowner's insurance claim either. But it is important that I stick with both."
The full text of this post is available at the source site listed below
Source:
Posted by Penelope Trunk: "Everyone thinks transparency and authenticity are great. But sometimes you need to rein them in. I've talked about how I do this with my blog, which is really an example of how I rein myself in at work. There are times we each have to do this at work, and in some cases, we need to lie. Here are three times:
1. Lie if you are a messy person...
2. Lie if you are pregnant...
3. Lie if you are job hunting...
The full text of this post and the article link are available at the source site listed below
Source: Penelope Trunk's Brazen Careerist, 11 May 2009
From the blog: "I briefly touched on what can be done to avoid employee / manager conflicts just under three years ago (wow!), but I was thinking more about the idea of accessibility of managers and supervisors today and thought it was worth a follow up post.
I've always tried to be very accessible as a manager. I respond to emails quickly and consistently, keep my door open, and try to be as available as possible to talk to employees and customers whenever they have comments, concerns, or questions. I'm by no means a perfect manager, but I do feel that being accessible and available is an important thing for a manager, especially one who works in the customer service field.
Here are three simple things you can do to be more accessible:
- Have an open door policy...
- Have "office hours..."
- Schedule "town halls..."
There are literally hundreds of books on the subject of manager accessibility and leadership styles, but I've always found that these three things have worked well for me. What has been effective where you work now or have worked in the past?"
Full text and active link are available at the source site listed below.
Source: Service Untitled, 13 May 2009
Posted by Mark Giangrande: "Time Magazine has an happiness index measuring how happy various job categories measure up in their happiness quotient. Clergy hit the top of the scale and gas station attendants hit the bottom. Librarians, for some reason, are listed twice in the index, once at about one-third to the bottom, and again at about the half-way point. It's the only profession to be listed twice. Lawyers are about a sixth of the way from the top (very happy) and legal assistants are about a sixth of the way from the bottom. Correctional institutional officers rank higher than legal assistants. The moral is the more power, the happier, I guess. You can play with the rankings here. The rankings seem to come from 2007, so lawyer happiness is pre-recession layoffs."
The active link is available at the source site listed below.
Source: Law Librarian Blog, 19 May 2009
Posted by Evan Schaeffer: "At his weblog Plaintiff Trial Lawyer Tips, Paul Luvera has been posting on cross-examination, always of interest to trial lawyers--plaintiff or defense.
Luvera has two recent posts:
Five Steps of Preparation for Cross-Examination. The five steps are fully explained in the post--
· Determine the goals.
· Divide goals into individual topics.
· Document the cross examination.
· Use Role Reversal.
· Divide the cross examination into chapters.
Basic Cross-Examination Principles. Again, these basic principles are explained in the full post--
· Make big points and ignore the details.
· Tell the jury what you just did.
· Approach cross examination from a big picture viewDon't answer every defense issue.
· Be consistent and stick to the main story.
· Meet major defenses head on.
· The right to ask leading questions is a gift. Use it.
· Listen, listen, listen.
· When impeaching, make sure you lay a foundation first.
· Be Brief
· Make your point and quit.
· Be firm but fair.
If you like these two posts, Luvera also has a few other posts about cross-examination here, plus lots of other useful information on the rest of his weblog."
The active links are available at the source site listed below.
Source: The Trial Practice Tips Weblog, 19 May 2009
Posted by Allison Shields: "The Law Practice Management Section of the American Bar Association publishes Law Practice Today, an online magazine specifically targeted toward the business issues involved in the practice of law in four core areas: Management, Marketing, Finance and Technology.
Law Practice Today is a FREE resource for attorneys - you don't have to be a member of the LPM Section, or even a member of the
Here's what you'll find in this issue:
Finance
Two of the questions most frequently asked by lawyers are: "How much money do I need in order to open my own practice?" and "What do I do about clients who want me to reduce my fees?" This month's issue addresses both. Erik Mazzone's article, "How Much Money Do You Need to Start a Law Firm" providing tips for lawyers to help them determine whether they're ready to go out on their own.
It's no secret that the recession is hitting the legal profession hard. Ed Poll addresses the ways law firms can retain income and clients by demonstrating value, managing knowledge appropriately, unbundling services and more in Legal Fees: How to Address the Client Pressure to Lower Fees.
Technology
Technology can give lawyers an advantage by helping them to be more productive, but it has its downside, too. In this month's The Legal Mac Column, David Sparks discusses Using Windows on Your Mac, eliminating one more obstacle for those seeking to switch from PCs to Macs, whether you want to use Windows exclusively or Windows and OS X on the same machine. In BlackBerry Behavior: Is It Ruining Your Reputation? the darker side of technology rears its ugly head when BlackBerry users forget to be considerate of those around them (this article previously appeared as a post on this blog).
It's tough keeping up with the latest technology, but Dennis Kennedy's article, Legal Technology Trends for 2009: The Year of Hunkering Down identifies trends and provides tips for what lawyers can do now to stay ahead of the curve - even if they're on a budget.
Speaking of budgets - most lawyers are looking for ways to cut expenses during the downturn. Joseph Kashi identifies Low-Cost Computer Fixes for Tough Times. And our own Rodney Dowell reviews Dragon Naturally Speaking 10 Legal and tells of his personal experience installing and using the software across multiple platforms.
Marketing Yourself and Your Firm
Can small firms compete with big firms for business? Davis C. Bae shows how small firms can do just that in The Illusion of Size (And Other Ways to Compete with the Big Competition). Looking for a job? If so, you're marketing YOU. Meri J. Kahan shows law students how their performance at a summer job or internship is an important first step to landing a full time position in Alchemy in a Down Economy: Turning a 2L Summer Associate Job into a Golden Full-Time One.
In Make Giving Part of Your Business Strategy, Andrea Malone shows lawyers how they can contribute to charity, even in tough times, and to do so strategically to benefit the firm as well as the charity. And Mister Thorne provides A Formula for Shy Attorneys, demonstrating how even shy attorneys can attract business, and learn successful rainmaking tips from Rainmaker Linda J. Ravdin in an interview by Beverly A. Loder.
Management
One of the decisions lawyers need to make when opening their own practices is about where to establish an office. Home office? Executive suite? Office share? The Essentials of Office Sharing and Executive Suites, an excerpt from Flying Solo provides tips to help lawyers make this all-important decision.
You've probably heard about the swine flu even if you haven't been directly affected by it yet - but how will an outbreak affect your firm or your clients? Read Swine Flu - Some Employment Issues by Bernard Jacques to find out.
Podcast - Productivity Tips
This month's installment of The Digital Edge Technology Podcast by Jim Calloway and Sharon Nelson is a discussion with Reid Trautz and Dan Pinnington about their new book, The Busy Lawyer's Guide to Success: Essential Tips to Power Your Practice.
These articles and more are available at no cost to you and your readers on the LPM website. This month's issue can be found at: http://www.abanet.org/lpm/lpt/home.shtml.
The active links are available at the source site listed below.
Source: Legal Ease Blog, 20 May 2009
In the news: "Many corporate law departments are focusing on the need to address the "diversity pipeline" into the legal world to ensure an expanding stream of diverse individuals equipped to become successful attorneys and leaders in the profession. Here is a sampling of programs that help to attract, advise and advance students and professionals of color into all aspects and phases of a legal career, including leadership and management positions."
Source: Law.Com's Daily Legal Newswire. 19 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the site: "The concern over a global pandemic of swine flu has been easing a bit since the first couple of weeks of its outbreak-but questions about healthcare compliance linger. In-House Legal host, Paul D. Boynton welcomes Attorney Jay Shepherd from the Shepherd Law Group to help explain what steps companies should be taking to be ready for a pandemic and what companies should be doing to ensure continued operations and to protect their employees.
Podcast: Play on page | Play in new window | Download
The active links are available at the source site listed below.
Source: Legal Talk Network, 19 May 2009
Posted by Raymond Ward: "If you're looking for a short article full of good advice on typography, then check out Document Design: Pretty in Print, Part I, by Judge Gerry Lebovits. Gerry is kind enough to cite yours truly, but he also cites reputable sources, such as pals Ruth Anne Robbins and Linda Morkan."
The active links are available at the source site listed below.
Source: The (New) Legal Writer, 14 May 2009
: "Larry Port from Rocket Matter and I will be conducting a free webinar next Thursday, May 21, 2009, at 3:00 p.m. entitled Using Macs in Your Law Firm. The webinar description is listed below. I hope that you can attend, and if you are interested, you can register by clicking HERE.
Until recently, law firms needed PC's to run their practices. No longer. Scanners, software, printers, are now available to practice law on the Mac, and the iPhone is now a powerful business tool.
Ben Stevens, aka The Mac Lawyer, will get us up to speed on how a firm can transition to Macs for legal work. We'll answer audience questions, conduct interactive polls, and discuss the latest gear and software for the Mac platform.
The active links are available at the source site listed below.
Source: The Mac Lawyer, 14 May 2009
By David Sparks: "One of the excuses that attorneys give for their reluctance to switch from PCs to Macs is that they "need" Windows for one reason or another. The good news is that Macs can run other operating systems, including Windows, whenever needed."
Source: Law Practice Today, May 2009
Our blog has been included in the Online University Lowdown's list of 50 Best Blogs for Law Librarians! There are a lot of very good blogs listed - check it out!
From the site: "Law librarians may seem like they have boring jobs, but spend one day browsing some of these blogs and you'll realize how important a law librarian's job really is. Whether you are considering a career as a law librarian, a lawyer or just doing some legal research, these blogs have something for you."
Source: an email from Suzane Smith, suzanesmith81@gmail.com, 19 May 2009
Poll: "Lawyers have among the highest suicide rate of all professions, after cancer and heart, and 6 times the rate of the general public. Most at risk are attorneys between the ages of 48 and 65. "Significantly, suicide accounted for 10.8 % of all deaths."
Many suicides come because of the intense pressure on lawyers to succeed, both financially and "professionally," and after some disappointment such as being laid off or losing a major trial.
I noted in earlier writings that lawyers have a difficult time accepting rejection, a feeling that occurs almost every time a major effort such as a trial or important negotiation occurs. Sales people, on the other hand, accept rejection as part of their daily lives. In fact, the mantra for sales people goes something like, "Each 'no' is one step closer to 'yes.' And, it takes 9 no's to get to one yes." What a powerful culture. Lawyers' culture of perfectionism and elitism, on the other hand, creates much of the difficulties of the profession.
What would the impact be, for example, if we were to say to ourselves that we cannot fix every problem or challenge presented to us by clients? What if we were to say that it's the client's issue, that we will do our best, but that, in the end, it's still the client who got himself into the pickle barrel?"
The active link is available at the source site listed below.
Source: Law Biz Blog, 16 May 2009
Posted by Jim Calloway: "Ever have a prosecutor or court staff person who seemed to be rude and unreasonable to you? Well, here's an article that may contain some insight for some of you. I saw this so frequently at the courthouses when I practiced. So I strongly suggest you read Maybe He's Just Not That Into You. When the Prosecutor Doesn't Like You. Maybe after you can e-mail this to a lawyer who really needs to read it. (I'll note it wasn't my intention to link to the Nutmeg Lawyer blog two weeks in a row, but this article addresses a huge issue for too many lawyers.)"
The active links are available at the source site listed below.
Source: Jim Calloway's Law Practice Tips Blog, 14 May 2009
Posted by Mary Ellen Bates: "The Special Libraries Association blog has a good piece on "tips for making the most out of an SLA conference". Most of the tips go beyond SLA -- they're useful in whatever professional development conference you attend.
Among the tips that I thought were most relevant (and most needed, IMO):
- Have at least two sessions chosen for every time slot. That way, if you get to one and the room is overflowing or the topic isn't what you thought it would be, you can make the most of your time by heading to your second choice.
- Try to attend a few sessions outside of your area or specialty.
- Bring 50-60 business cards. Be ready to distribute them to people who ask or who want to trade.
- At sessions, sit in the front so a speaker notices you. Don't be afraid to speak up and ask questions and be noticed. Network.
- When you attend a session, don't sit with friends. Sit down and meet someone new on either side of you, since you never know where this will lead.
The tips were written by Special Libraries Association board members Ann Sweeney and Ruth Wolfish. Great job, Ann and Ruth!"
The active link is available at the source site listed below.
Source: Librarian of Fortune, 11 May 2009
Posted by Stephen Fairley: "For law firm marketing to be effective, it's a given that you need to harness the power of technology. By doing so, not only will you lower your costs but also you'll improve your legal marketing results many times over. Here are 5 tips to help you get started:
- Instead of using a large office suite with onerous monthly payments, use a virtual office or rent one by the hour. HQ.com and Regus.com are two popular options.
- Consider hiring a Virtual Assistant (VA) instead of a full-time, onsite one. I have used VA's for several years now with much success.
- Use an electronic newsletter (e-zine) instead of a print one to reduce costs. We recommend www.ConstantContact.com
- Instead of hiring a fulltime receptionist at $15 to $25 per hour, use a virtual receptionist (www.CallRuby.com has packages from under $200 per month.)
- If you have to fly to meet with clients face-to-face, try using www.Skype.com and a webcam instead. Although it's not exactly the same, the quality of the video is amazing these days, plus Skype is free. A good webcam costs $75 to $150 (half the price of a plan ticket.) Send your client a webcam as a gift. Set-up takes less than 10 minutes.
The active links are available at the source site listed below.
Source: The RainMaker Blog, 13 May 2009
Thanks to Colin's O'Keefe at Real Lawyers Have Blogs for the lead!
From the site: "In the second edition of this two-part series on Forensic Economics, we take a look at a cost of illness study (COI) in comparison to a life care plan often used in plaintiff cases. Ringler Radio host, Larry Cohen welcomes John E. Scarbrough, Ph.D., President of Litigation Analytics Inc., who has over 25 years experience analyzing economic loss in cases involving personal injury and wrongful death. Larry and John examine real life cases and look at what happens when overstating cost of illness and explore how Medicare set-asides new rules could affect these life care plans.
Podcast: Play on page | Play in new window | Download
Related Podcasts
- May 4, 2009 -- Forensic Economics: Part One
- June 25, 2007 -- Economics of Personal Injury Cases
- June 23, 2008 -- Medicare Set-Asides and New CMS Rules"
The active links are available at the source site listed below.
Source: Legal Talk Network, 18 May 2009
Posted by StephanieWestAllen: "In recent years, cognitive scientists have turned in increasing numbers to the study of human happiness ... .
...
[N]ow some scholars are starting to ask a bigger question: shouldn't this new understanding affect policy, too? A huge range of social systems, from tort law to urban planning to medical care, are built on assumptions about what makes people happy. Now, for the first time, researchers are claiming to be actually measuring happiness, to actually know what causes it. In a society whose founding document asserts a basic right to the pursuit of happiness, that new knowledge could have far-reaching implications.
What we're learning, these thinkers argue, should make us reconsider some of the basic rules by which government regulates behavior: how we litigate lawsuits and write contracts; how we zone...
Continue reading "Perfectly Happy"
Continue reading this interesting post at the source site listed below.
Source: idealawg, 15 May 2009
Posted by Tom Mighell: "I'm sitting in the New Orleans
The active links are available at the source site listed below.
Source: Inter Alia, 16 May 2009
Posted by Evan Schaeffer: "Here's a worthwhile post from Maxwell Kennerly's Litigation & Trial weblog: "How To Write Your Brief So That The Judge Will Hate You."
Kennerly's post came about like this. First, Kennerly read an article about a judge who wasn't happy with a tone of a lawyer's brief. Next, Kennerly went on PACER and found the offending brief. On his weblog, he highlighted some of the places where the brief's tone was suspect and made the whole thing available by clicking a link.
The offending brief includes a lot of vitriol and sarcasm aimed at the other side: it snidely says the plaintiffs (two legal professors) were motivated to sue by mere "unhappiness," says their claims are hard to understand, accuses them of "feigning injury," says they are wasting the court's time, and calls their action "obviously unmeritorious."
Does it sound like a lot of briefs you've read in your career? At the end of his post, Kennerly gives this advice:
Outrage and scorn are not wholly forbidden in front of a judge or a jury but you have to earn it.
An opening brief filled with sarcasm will perturb a judge doing his or her best to reserve judgment until they've heard both sides just as much as an opening statement filled with indignity will repulse a jury doing their best to be fair and impartial until they've heard all of the evidence.
Kennerly's post stands as a good reminder to all of us who write for judges--judges who are always more interested in the facts and the law than our own belly-aching about the other side."
The active link is available at the source site listed below.
Source: The Illinois Trial Practice Tips Weblog, 12 May 2009
In the news: "The imminent demise of the billable hour has been predicted for years, maybe now more than ever. And yet, like Rasputin, no matter whether one tries to stab it, shoot it or poison it, the billable hour somehow survives. But is it really as bad as clients think? Trial lawyer Press Millen argues that clients may be misguided if they make firm retention decisions mainly based on hourly rates. Millen gives five reasons why looking only at hourly rates doesn't tell the full story when it comes to the bottom line."
Here are five reasons why it's a trap:
1. It ignores arithmetic...
2. It ignores knowledge...
3. It ignores experience...
4. It ignores "magic..."
5. It ignores wisdom...
Source: Law.Com's Daily Legal Newswire. 18 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Sabrina I. Pacifici: "Criminal Justice Reform Resources 2008-2009: Ken Strutin's guide focuses on select current reports, surveys, legislative proposals and scholarship regarding criminal justice reform. It is only a small sampling of the increasing volume of publications on vital matters of interest to criminal practitioners and the public. Therefore, only a few themes are covered: criminal justice, discovery, forensics, juvenile justice, prosecutorial misconduct, public defense, sentencing and wrongful conviction."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 17 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the site: "The demands and responsibilities placed on in-house legal departments are at an unprecedented level and show no signs of abating. In-House Legal host, Paul D. Boynton, Esq., welcomes Attorney Jane Sender of Sender Legal Search to discuss the notion of how many lawyers a company should have and how to balance that with spending on outside counsel legal bills - or how to "right size" the legal department.
Podcast: Play on page | Play in new window | Download"
The active links are available at the source site listed below.
Source: Legal Talk Network, 8 May 2009
From the e-newsletter: "The audio and video segments of the Economist online are plentiful, and free. There is no need to register to start listening or watching. Furthermore, there is a very handy feature that allows a visitor to add a segment to their playlist, if they are overwhelmed by all the great choices and don't want to forget to hear them all. On the left side of the screen, visitors can choose view their options by "video", "audio", or "subject". Subject includes categories such as "
Source: The Scout Report. Volume 15, Number 19. 15 May 2009. Copyright © 2008 Internet Scout Project. Subscribe <http://scout.wisc.edu/About/subscribe.php>.
From the e-newsletter: "Witness Justice was founded to "empower and assist victims of violence and their loved ones in healing from trauma and in navigating the criminal justice process." The Witness Justice website provides resources for victims of violence under "Survivor Resources," "Health and Wellness," and "Helping a Survivor." These resources include a directory of state victim assistance agencies, and a special section for Hurricane Katrina crime victims. Researchers will be interested in the "Victims' Rights" and "Justice Systems" areas, which offer resources for victims' rights advocates and general information about restorative justice and victim-offender mediation (VOM). The "News Room" provides crime and victim statistics, including statistics on child abuse, stalking, and elder abuse. The "Access Experts" describes the Witness Justice Expert Corps of Volunteers, who donate their time and expertise to assist Witness Justice in addressing specific victim questions and concerns. Both a search engine and a site map are available to facilitate navigation of the site. [BWK, JPC]"
Source: "InSite." Vol.14, No.19. 18 May 2009
Posted by Tom Kane: "If there is one thing I have preached over the years is to NEVER surprise your clients. In conducting client interviews over the years, I have consistently heard from law firm clients that they HATE surprises. So, what's up with the title to this post? Have I gone mad? I'll leave that to others.
By way of explanation, I ran across an interview by Dan Schawbel at Personal Branding Blog with Andy Nulman, author of a book about profiting from the power of surprise when it comes to developing your brand. What I gather that Nulman is talking about is standing out from the crowd, being distinctive...yes even shocking to your target audience.
It got me thinking about what kinds of surprises by law firms would actually "shock"clients in a good way. What immediately came to mind includes:
- Not just meeting deadlines, producing your work product early;
- Returning calls promptly, like almost immediately;
- Discounting a bill without being asked;
- Raising billing rates only after discussing it with the client;
- Understanding - really understanding - their business;
- Letting clients determine the value of a project; and
- Seeking feedback, and then acting on what you hear.
So, yes, surprise your clients... but pleasantly in ways that matter."
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 14 May 2009
Posted by John Jantsch: "Showing your appreciation for a referral is one of the best forms of motivation that exists. People who go out of their way to voluntarily tell someone about your business are generally motivated to do so because they like doing it rather than expecting something in return, but a simple thank you, or the more elaborate flowers, candy (9 Burdick Penguins in a wooden box), coffee and hand-written note of thanks are all in order.
However, in addition to this I suggest that one of the best ways to thank a referral source is to also do it publicly.
Where appropriate, acknowledging your referral source's activity on your behalf publicly can prove quite powerful in terms of motivation. Almost everyone enjoys a little pat on the back for being a part of your team and I believe doing this in the right forum has several other benefits.
1. Your referral source feels very appreciated and socially validated
2. You reinforce your organizations' referral worthiness
3. You display tangible examples of referral partners
4. You demonstrate your appreciation for the relationship
The flip side of this idea is that you should also consider making referrals publicly as part of the entire cycle. By letting people know the kinds of business you deem referral worthy you:
1. Show what think quality is
2. Provide more leads for your referral partners
3. Share resources that benefit your customers and prospects
4. Demonstrate how highly you value referrals
There are many ways you can go about promoting your referral activity publicly. You can add a referral box to your newsletter, create a referral news page on your web site, promote referrals in your blog posts, or tweet it to your followers on twitter."
The active link is available at the source site listed below.
Source: Duct Tape Marketing, 11 May 2009
From the blog: "Bob Ambrogi reviews the peculiar strengths and weaknesses of the following free case law sites:
- Fastcase, www.fastcase.com and Casemaker, www.casemaker.us
- FindACase, www.findacase.com
- PreCYdent, www.precydent.com
- The Public Library of Law, www.plol.org
- AltLaw, www.altlaw.org
- Justia, www.justia.com
- FindLaw, www.findlaw.com
- Public.Resource.Org, http://public.resource.org
- LexisONE, www.lexisone.com
- Legal Information Institute, www.law.cornell.edu"
The active links are available at the source site listed below.
Source: Law Librarian Blog, 14 May 2009
Posted by Robert J. Ambrogi: "Earlier this week, The Wall Street Journal gave its editorial staffers a set of rules for how to conduct themselves online and, in particular, on social networking sites such as Facebook and Twitter. The news got me to thinking about the kinds of policies law firms should adopt for social networking. The WSJ's new rules include various do's and don'ts, such as:
· Consult your editor before "connecting" to or "friending" any reporting contacts who may need to be treated as confidential sources. Openly "friending" sources is akin to publicly publishing your Rolodex.
· Don't disparage the work of colleagues or competitors or aggressively promote your coverage.
· Don't engage in any impolite dialogue with those who may challenge your work -- no matter how rude or provocative they may seem.
· Avoid giving highly-tailored, specific advice to any individual on Dow Jones sites. ... Giving generalized advice is the best approach.
· All postings on Dow Jones sites that may be controversial or that deal with sensitive subjects need to be cleared with your editor before posting.
· Business and pleasure should not be mixed on services like Twitter. Common sense should prevail, but if you are in doubt about the appropriateness of a Tweet or posting, discuss it with your editor before sending.
With a few word changes -- substitute "managing partner" for "editor," for example -- several of the WSJ's rules could make sense for law firms. Firms would be well advised to encourage lawyers to avoid giving "highly tailored" advice, to clear potentially controversial posts, and to avoid mixing business and pleasure. What else should a law firm social-media policy include?
Doug Cornelius took at stab at framing a law firm social media policy in a post he wrote last November. "Statements in public forums may inadvertently create an attorney-client relationship, and may also violate the rules prohibiting law firm advertising," he correctly noted. He offered a concise set of sensible guidelines that emphasized the importance of maintaining client confidentiality and avoiding the inadvertent creation of an attorney-client relationship, all tempered by the number one rule of online posting: Think first.
Jay M. Jaffe also recently considered the parameters of a law firm social-media policy in an article he wrote for the newsletter Internet Law & Strategy. (Disclosure: I am a former VP of Jaffe's consulting firm, Jaffe Associates.) His advice is that policies should be designed so as to encourage employees to participate in social media. That means keep them simple and follow common sense, he says, by focusing on four points:
· Don't post anything that's confidential.
· Avoid the appearance of establishing a client-attorney relationship.
· Don't get into an argument with anyone.
· Be polite and avoid sensitive subjects.
Jaffe shares the full version of his firm's social media policy and points to samples of other policies compiled by 1 2 3 Social Media. Has your firm adopted a social media policy? If so, let us hear about it. Feel free to add a comment below describing your policy's key points."
The active links are available at the source site listed below.
Source: Legal Blog Watch, 14 May 2009
Posted by Penelope Trunk: "One of the biggest mistakes you can make going into an interview is thinking you'll do well because you're perfect for the job.
Everyone who got an interview is a potential perfect fit for the job. That's how they got through the resume screen. The interview is about something else: how you think, how you solve problems, how you react under pressure. And you are never quite sure of the quality the interviewer will focus on until you get a few questions.
Until now. Now Glassdoor has launched an interview resource where you can report what sorts of questions you got from a given employer. This is a great moment in altruism, really, because you are helping other people to get a job without knowing how doing so will help you. So I like Glassdoor's new idea right away, because of that. Because the very being of this tool assumes that people want to help each other.
I've sifted through lots of the questions and the first thing I noticed was that 90% of them are the kind you can study for. That's because they are all versions of common questions, just like those I see in books that list the 200 most common interview questions (here's one). And, as always, you might think your interview will be a special case but it won't be. You can learn the right answer for each question and just tailor it to your own career.
You can also learn from Glassdoor what sort of interview a given company favors. There is a tag cloud on the interview home page that is a laundry list of interview genres: behavioral, brain teaser, technical, and so on. For example, Microsoft is renowned for brain teasers (here's a book to study for those) and Deloitte is known for behavioral interviews (yes, you can study for that, too)...
Continue reading this interesting post at the source site listed below.
Source: Penelope Trunk's Brazed Careerist, 14 May 2009
From the site: "There has been a lot of talk in the mainstream media lately about a revival of sorts in asbestos litigation. Law.com bloggers and co-hosts J. Craig Williams and Bob Ambrogi welcome Attorney Kirk Hartley from the firm Butler Rubin Saltarelli & Boyd and Attorney Steven Kazan Managing Partner at Kazan, McClain, Abrams, Lyons, Greenwood & Harley, to discuss the recent victory for W.R. Grace in a Montana trial, how attorneys have been filing cases in other states with friendlier courts and what is being done to put the asbestos litigation system on the right path.
Podcast: Play on page | Play in new window | Download
The active links are available at the source site listed below.
Source: Legal Talk Network, 14 May 2009
In the news: "Phantom power is the power used when an electrical device is supposedly off -- or is not being used but is still plugged in -- which can waste a significant percentage of a law firm's electricity. How can you cut these costs? There are gadgets on the market to keep the phantoms at bay."
Source: Law.Com's Daily Legal Newswire. 14 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: "In a recent blog post on the Business Technology web site, Ben Worthen notes in a study done by the University of Utah that the size of the computer monitor or using two or three monitors instead of one really does make a difference in your productivity. In the study, it was noted that using a larger monitor or two monitors when transferring data helps to make the task go faster and more efficiently. So when that employee comes to you asking for a larger monitor or even a second one, remember that it is for their own good and the good of the company."
The active link is available at the source site listed below.
Source: The Greatest American Lawyer, 14 May 2009
From the site: "In response to the toughest economy in decades, the
Tuesday/May 19 - How to Sell Yourself: Developing the Perfect Pitch. Issues for discussion by a four-member legal panel: national and regional job market trends, resume and interviewing techniques, how to make the right impression and craft a 30-second elevator pitch, and how to find professional development opportunities. (only $14.95/non-members). Product code: CET09HSYPOD
Tuesday/June 2 - Overcoming the Obstacles of Going (and Being) Solo. Led by lawyer/author Carolyn Elefant (Solo By Choice) and Jay Foonberg (How to Start and Build a Law Practice), the panel will address such topics as engagement letters, insurance, technology, office logistics, billing models, fee collection, and how to build a client base. (only $19.95/non-members). Product code: CET09S00POD
Tuesday/June 16 - How to Recession-Proof Yourself in a Down Economy. Whether you are currently employed or not, this teleconference will help you build a solid foundation to reach your career development goals and financial stability. Led by lawyer Susan Berson, author of the ABA Journal article, "Recession-proofing your practice." (only $14.95/non-members). Product code: CET09RYTPOD.
Tuesday/June 30 - Staying Positive in a Down Economy. Whether you're helping colleagues and friends, or yourself, this program will help you restore morale both at home and office. Learn techniques that can help laid-off lawyer friends rediscover their motivation. (only $9.95/non-members). Product code: CET09SPDPOD.
The four-program series is free to
The active links are available at the source site listed below.
Source:
Posted by Nerino Petro: "The American Bar Association has created a website for lawyers titled Economic Recovery Resources which provide information on resources and benefits for lawyers struggling in today's economy. According to a recent
Job Searching/Networking
Career Transitioning
Professional Development
Practice Management
Stress Management
Savings, Insurance and Complimentary Programming/CLE
Hot Recession Topics
Non-ABA Resources
In addition to these resources, the
The active links are available at the source site listed below.
Source: Nerino Petro's Compujurist.com, 11 May 2009
From the e-newsletter: "The recession is hitting many lawyers hard, according to a National Law Journal article, especially young attorneys with heavy student debt."
Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 13 May 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
I routinely do presentations and thought many of the things I do and know about presenting to an audience were simply common sense. However, sitting in workshops over a three-day conference gave me the perspective of a participant. It appears that many of the common sense things that I do and know are not so common sense. How many ways can someone screw up a presentation? From the back row, let me count the ways!
If the participants have paid for the workshop, don't berate them for their choice of seats...
Ensure that materials for the workshop are distributed prior to the workshop...
If you use an object in a demonstration, make sure I can see it...
Know how to work your equipment...
Have credentials that support your authority on the topic that you are presenting...
Speak Correctly...
Talk to me, not your screen..
Keep the jargon and buzzwords to a minimum...
Don't ask for questions if you're not prepared to answer them...
The poor presenters at this conference make me appreciate the effort of preparation and the hard work to learn the craft of public speaking of good public speakers and presenters.
It wasn't all bad, however. One group of presenters absolutely blew me away! They made none of the mistakes the other made and their level of preparation and professionalism in public speaking was outstanding. After three days, I felt like giving them a standing ovation! Bravo!"
The full text of this post is available at the source site listed below
Source: Open Loops, no date mentioned
In the news: "Blogging by jurors about ongoing trials has trial attorneys monitoring the Web for juror-posted comments that might reveal pretrial bias. Even counsel and judges need to watch whether professional ethical standards impact their own blogging, write Richard Raysman and Peter Brown."
Topics discussed include: EMERGING LITIGATION, COUNSEL & JUDICIAL COMMENTS, RULES FOR JUDGES
Source: Law.Com's Daily Legal Newswire. 13 May 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Penelope Trunk: "People always ask me why I have an editor for my blog posts. The big reason is that I don't want my posts to suck. But what he does more than anything else, is make sure that my posts adhere to a set of five rules. And if the post does not adhere, he makes sure I have a good reason for it.
So here are the rules I use for writing a blog post. These will either help you to write better, or these rules will help you understand the specific reason you hate my posts on the days you hate them.
1. Start strong...
2. Be short...
3. Have a genuine connection...
4. Be passionate...
5. Have one good piece of research...
The full text of this post is available at the source site listed below
Source: Penelope Trunk's Brazen Careerist, 13 May 2009
Posted by Rick Borstein: "Exhibits are documents attached to pleadings or contracts which are referenced by the main document.
In order to easily tell one exhibit from another, case documents are often stamped with an easy-to-see exhibit stamp:
[Illustrations are available at the source site listed below]
Since PDF is the defacto (or often mandated) eFiling standard, it didn't come as a surprise that I've received a few emails on this exhibit stamping PDFs over the last couple of years.
I've written previously about creating custom stamps, but an Exhibit Stamp has both a static graphic element and a changing numeric or alphabetic element. I have proposed a workaround using watermarks and the typewriter tool to some firms, but that still was a lot of work.
Only recently have I come across an elegant solution that can accomplish both steps with a click! When you stamp the document, Acrobat will ask you for the exhibit number, then stamp it on the document:
Read the full article to download a special stamp set that does the work for you."
Full text and the active link are available at the source site listed below.
Source: Acrobat for Legal Professionals, 13 May 2009
Posted by Robert Ambrogi: "Last year, in a post entitled, Take Control of Your Outlook Inbox, I wrote about a San Francisco company, TechHit, and its three simple Outlook add-ons for cutting down on e-mail clutter: SimplyFile, EZDetach and MessageSave. Today, the company is releasing the public beta version of an equally simple and clever tool, this time for quicky jumping to the right folder in Windows. Read on for an invitation code to try it yourself.
The program is called QuickJump and what it does, quite simply, is let you find the right Windows folder with just a few key strokes. To open a Windows folder, just launch QuickJump by pressing Ctrl+Shift+J and begin typing a few characters of the folder name. To find a folder named Music, for example, begin to type M, U and the folder will appear highlighted in a list. Then just click "open."
It also works with the "save as" and "open" dialogs of any Windows application. So if you are working in Word and want to save the document to a particular folder, open the "save as" dialog, then open QuickJump and begin to type the folder name. When it appears highlighted in the QuickJump list, click "open" and the "save as" dialog box jumps to that folder.
During the beta period, QuickJump can be downloaded only using an invitation code. The company has provided a code that readers of this blog can use for a free download. Go to the QuickJump download page and use this code: ll908384573."
The active links are available at the source site listed below.
Source: Robert Ambrogi's LawSites, 13 May 2009
Posted by Penelope Trunk: "Be careful who you take career advice from. Knowing who to take advice from is a really good skill for any aspect of your life, but especially in the field of work, because work is changing very fast right now. A lot of advice that was good ten years ago is not good now. And people who are using old language to talk about contemporary careers are thinking in terms that will pull you off track.
Here are three examples of topics your parents talk about all the time in their careers, but these topics will not be a part of new millennium careers. Watch out for these three terms -- they probably come with outdated advice.
1. Career change
When Baby Boomers change careers, they stand on mountaintops. They announce that career change is a new trend, and they are doing it, of course, to save the world. The Baby Boomer specialty is saving the world by screaming from mountaintops, and then borrowing some more money to support that habit...
2. Networking
Do you know who is using social media? Gen X. The average Twitter user is in their 30s. The median age of LinkedIn is 40. The majority of people who are joining Facebook right now are over 35. This is because Gen X wants to meet new people online and reconnect with all the friends they lost along the way. Gen X is using social media to network...
3. Midlife crisis
It's not that you won't have crises. But they'll be earlier. The midlife crisis is a result of people getting on a path that someone else paved before them. If you see that you have a limited range of choices and you have to make one, then you don't need to know very much about yourself in order to move forward. That's what Baby Boomers did - they chose a path. Even the women chose a path that men laid out before them. The women fought to be able to take those paths, too...
Full text and active links are available at the source site listed below.
Source: Penelope Trunk's Brazen Careerist, 12 May 2009
In the news: "The sisterhood of lawyers has never been more potent. In conference rooms and swanky restaurants, women across the ranks are uniting and brainstorming about what it takes to succeed in a profession that's still predominantly male. But scratch the surface, and some members of the sorority tell another story, that women -- particularly women who are immediate superiors -- can be their worst tormentors. Is the real difference that women expect their female bosses to be nicer, and feel betrayed when they aren't?"
From the blog: "Local attorneys who have been providing pro bono services for low-income clients and businesses are in good company. The Ohio Supreme Court just reported that Ohio
The active links are available at the source site listed below.
Source:
From the site: "Jim Calloway and Sharon Nelson speak with Dan Pinnington and Reid Trautz to discuss discuss their recently-published book, The Busy Lawyer's Guide to Success: Essential Tips to Power Your Practice."
Source: Law Technology Today, 15 May 2009
From the site: "What kind of impact has a weakened economy had on jury profiling and juror deliberations? In this edition of the ESI Report, host Michele Lange, Attorney and Director of Legal Technologies at Kroll Ontrack welcomes Dr. Laurie Kuslansky, Senior Jury Consultant for TrialGraphix/Kroll Ontrack and Fred Whitmer, partner at Kilpatrick Stockton, to discuss current juror trends, altered expectations and changing priorities in light of the recent economic downturn. In the Bits & Bytes segment, Kroll Ontrack Legal Correspondent, Meridith Socha, takes a look at the facts surrounding the recent discovery order issued in Stengart v. Loving Care Agency.
Podcast: Play on page | Play in new window | Download
The active links are available at the source site listed below.
Source: Legal Talk Network, 12 May 2009
Posted by Sabrina I. Pacifici: "Can Collaboration Solve Copyright Status Questions? The WorldCat Copyright Evidence Registry - As Roger V. Skalbeck documents, one of the underlying obstacles to reproducing older books is a central place to look for information about what is protected by copyright and what may have passed into the public domain is lacking. Responding to this need, OCLC recently introduced a beta service, the WorldCat Copyright Evidence Registry (CER). It could be a very valuable resource for recording and sharing copyright status information."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 12 May 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
By Bob Rankin: "So you lost an important file. Ouch. If you simply deleted the wrong file, you can usually get it back by opening the Recycle Bin and restoring it. But if that doesn't do the trick, try one of these free tools to do the heavy lifting. Read on and you'll find a crop of Windows-based tools to recover deleted files.
Recover Files 2.1 is a free professional software tool that allows you to recover data removed from your hard drive, recycle bin, portable devices or even a compact flash drive...
Piriform's Recuva (pronounced like "recover" with a Brooklyn accent) will help you to find files and images on your computer that were deleted by human error, including those deleted from your digital camera memory card or MP3 player...
One of the most popular free file recovery tools for Windows is Restoration. This program will find just about everything you've ever deleted from your PC, including files deleted from the DOS prompt...
FreeUndelete has no charge for personal usage, although they charge for businesses...
There are also free tools for other PC catastrophes. Advanced PSD Repair (APSR) is handy for recovering Photoshop PSD and PDD files and works with all versions.
And if you work with external media, Recovery Toolbox for CD Free can recover data from damaged or corrupted CD, DVD, HD-DVD and Blu-ray discs. The same company also makes a variety of other data recovery tools, including Recovery Toolbox for Outlook, Outlook Express, Word, Excel, Zip and other applications to recover damaged or deleted data. They're not free, but you can get a free trial to see if it'll do the job.
Do it Now...
Obviously, all of these tools are most useful if you install before you lose the data, because downloading a file can possibly overwrite the very file(s) you want to recover. I recommend that you check out a few and download them, so you'll be ready in case you do need to recover lost files."
Full text and active links are available at the source site listed below.
Source: The Internet Tourbus. Volume 14, Number 17. 12 May 2009. Copyright 1995-2009, Rankin & Crispen - All rights reserved. Subscribe <http://www.TOURBUS.com>.
Posted by Simon Fodden: "Google today launched a set of new options for filtering and presenting its search results. Now when you do a search, you'll see a link in the upper left corner of the results page offering to "show options": [See the source site listed below for the illustration]
This opens a menu down the right-hand side of the window displaying a dozen filters, as shown in the image to the left. The videos option displays thumbnails of videos, mostly from YouTube, whose titles contain your search terms. The forum option (somehow) manages to find in your results the hits from forums. Reviews seems to select journals and book reviews. The time filters have obvious functions, and have been available in advanced search for some time now. Images from the page picks those results that have images and displays thumbnails of two of the graphics to the right of the usual (con)text excerpt. More text doubles or triples the (con)text excerpt, where that's possible. Related searches creates a menu at the top of suggested refinements of you search. Timeline, which we've mentioned before on Slaw, orders your results into a dated timeline where they lend themselves to that.
But the real novelty, though how useful it will be remains to be seen, is Wonder Wheel. This is Google's version of software that has been around for many years and that displays results as dynamic clusters of links to other dynamic clusters. Clicking on one link establishes it as the new center of the system, etc.
This is a big change for Google and I can only wonder whether they feel some warm (I won't say 'hot') breath on their neck from Wolfram/Alpha, set to launch some time this month."
Illustrations and active links are available at the source site listed below.
Source: Slaw, 12 May 2009
From the blog: "Here is a simple customer service tip that will make you look (and especially sound) more professional: mute your microphone when sounds are being made that the customer shouldn't / likely doesn't want to hear. Some examples of situations where you'd want to mute your microphone include:
- Talking to a co-worker / asking a question
- Loud noises in the office (alarms, notifications, etc.)
- Dead air (be sure to come back every now and then so the customer knows you haven't hung up on them)
- Similar situations where a noise is being made that the customer shouldn't hear
Most headsets and phones have an easy to access mute button, but so few representatives use it. The mute button is a great way to avoid placing the customer on hold just to ask someone a question or look something up. If you don't use the mute feature on your headset or phone already, try it out and see how it works for you."
The active link is available at the source site listed below.
Source: Service Untitled, 7 May 2009
Posted by Allison Shields: "Take a look at this post from Scott Gibson of the law firm Gibson Ferrin Riggs on new blog BiziBoom.com about Harry Beckwith's book, What Clients Love: A Field Guide to Growing Your Business. I highly recommend Beckwith's books, which also include Selling the Invisible: A Field Guide to Modern Marketing. As I mentioned in a previous post about planning, Beckwith's books are easy to read and chock full of advice that you can begin implementing immediately. Gibson recommends reading with highlighter in hand while asking yourself as you read how you can implement the ideas in your own practice - a suggestion worth implementing in itself.
One of the things I loved about the BiziBoom.com post was that Gibson not only read the book and implemented some of the ideas, but he passes the book along to his clients so that they can improve their businesses. That kind of service creates a completely different relationship between you and your clients. It shows that you care about them beyond the individual matter you're handling for them.
What new ways can you think of to demonstrate your value to clients?
Gibson says, "[I]n selling services we must focus on helping the client perceive the value of the services. Clients perceive value through their interactions with your company. If you want your clients to understand that your services are valuable, help them see that value." One way to help your clients see the value of working with you is to provide them with an exceptional client experience that goes beyond the confines of the representation.
(Hat tip to Lance Godard for alerting me to this post via Twitter)."
The active links are available at the source site listed below.
Source: Legal Ease Blog, 11 May 2009
Posted by JD Hull:
"Susan Hackett, general counsel of the ACC, says the new approach to value is necessary because law firms had become so expensive that their fees often outstripped the value of the problem they were brought in to resolve.
The scramble for value, the debate on new models, the future of law firms--the discussion needs a touchstone. There are lots of ways to provide value to higher-end clients: hourly fees, not hourly fees, and hybrids, new firm business models, and all manner of "paradigm-shifts". But WAC? still maintains that they begin and end with customer (lawyers call them "client") relationships.
And Trust. Trust is the place of definitions for all service providers--not just for lawyers.
Anyway, here's one (via
Billing models, partnership structures, staffing alternatives, the care and feeding of associates, firm culture, collegiality--they mean nothing unless designed and maintained for clients' day-to-day needs. We are not royalty. We serve. We anticipate, prevent and solve client problems. Nothing more. Can we focus more on the real deal: the Art of the Client. What else is there?"
The active links are available at the source site listed below.
Source: What About Clients?, 11 May 2009
Posted by Paul Luvera: "Stan Greenberg is a well know pollster who columnist Thomas L. Friedman recently wrote about. He listed the key lessons Greenberg learned from all his experience in working with politicians and presidents. So, what was the ultimate lesson he learned about how presidents of the
"You can't be too honest in describing big problems, too bold in offering big solutions, too humble in dealing with big missteps, too forward in retelling your story or too gutsy in speaking the previously unspeakable."
Why am I telling you about this? Well, because that's also good advice for trial lawyers in dealing with the judge or jury in your cases. Honesty is the secret power persuader most lawyers are afraid of applying. You can't be too honest about everything in your case, the good, the bad and the ugly when brought out in the open, explained and discussed. Humility in acknowledging trial mistakes helps your case a whole lot better then attempts at concealment. The fact you are honest enough to acknowledge the mistakes shows you are credible and trustworthy. Talking about the issues that are the elephant in the room during jury selection substantially improves your chance of success and does not "contaminate" the jury pool. Research has clearly demonstrated you are perceived as more credible when you bring out issues like tort reform and other "untouchable" subjects you wish didn't exist and then to discuss them with the jurors. Telling and retelling your client's story in jury selection, opening statement, direct examination and cross examination is the key to winning cases. A trial is a story telling event.
In short, Greenberg's advice is excellent advice for all of us who try cases."
Source: Plaintiff Trial Lawyer Tips, 3 May 2009
: "With home offices increasing in popularity, what better niche for a home office lawyer than advising home based businesses. I've shared this idea before, but was reminded of it again after reading this piece from a Colorado
"These are not Tupperware salesmen. They are international consultants, software developers," Martin said. "They have been pretty successful without an office."
Home based businesses are a growing niche, particularly in a down economy. In
As for legal issues relating to home businesses, there's plenty to keep lawyers busy. Among other things, home based businesses need to consider corporate formation issues, zoning questions, tax issues related to home office deductions, assistance with contracts and employment matters."
The active link is available at the source site listed below.
Source: MyShingle, 7 May 2009
Posted by Chuck Kallendorf: "In September 2005, the Supreme Court declared the death penalty "cruel & unusual punishment" for juvenile offenders under the age of 18 and unconstitutional in Roper v. Simmons. This, the Court had said, by its "having established the propriety, and affirmed the necessity, of referring to 'the evolving standards of decency that mark the progress of a maturing society' to determine which punishments are so disproportionate as to be 'cruel & unusual.'"
"When a juvenile commits a heinous crime," the Court said, "the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity. While drawing the line at 18 is subject to the objections always raised against categorical rules, that is the point where society draws the line for many purposes between childhood and adulthood and the age at which the line for death eligibility ought to rest."
Last Monday, it announced that it would consider whether sentencing juveniles to life in prison terms without parole was similarly unjust. ( See Sullivan v.
...
The Supreme Court has held that for convicted felons committing another, or other, felonies, that life sentences do not constitute "cruel & unusual punishment," but this hasn't been applied to juvenile offenders before. "Outside of the death-penalty context," CNN writes, "the Supreme Court has provided little recent guidance on how to treat the youngest of underage criminal defendants, and the appellate record is almost nonexistent."
Full text and active links are available at the source site listed below.
Source:
From the blog: "Are the Kindle DX and the iPad leading us to Legal Pad 2.0? On this edition of the Kennedy-Mighell Report, legal bloggers, Dennis Kennedy, Tom Mighell and Adriana Linares, will discuss how the new Kindle DX and the current Kindle might be used by lawyers and law students, explore related products like the iPad and question whether we are headed to an all electronic legal pad. Dennis, Tom and Adriana will also take questions from their growing audience and wrap up with Parting Shots, leaving you with lasting tips and observations. After you listen, be sure to check out Tom & Dennis' co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Podcast: Play on page | Play in new window | Download"
The active links are available at the source site listed below.
Source: Legal Talk Network, 11 May 2009
Posted by David Bilinsky: "Simon Fodden, writing in Slaw.ca discussed the new Novatel MiFi - which is a cellular modem that does not need to be pushed into, slotted, USB'd or otherwise wired to your laptop to link you to a cellular-hosted internet service. What is the MiFi? It is a router and modem all combined, which allows you to create a portable WiFi cloud that can be shared by up to 5 people. There is *only* one problem with the MiFi - and that is, alike many other technological developments, it is not (yet) available in
So what is a Canadian lawyer to do? Seek a typical Canadian compromise - a Roger's Mobile Hi-Speed Rocket Internet Stick. This little device will allow you to connect to the internet wherever you can find a cellular signal. It connects quickly and easily, the initial configuration is not difficult, it works for PCs as well as Macs and there are corporate data plans that are a bit easier on the pocket compared to the consumer plans (call Rogers and ask to speak to their corporate sales department).
OK, this is a compromise - so you have to connect the Rocket modem to your USB port for it to work (unlike the MiFi which can be inside your computer bag all the time). You can't automatically share the Rocket Stick's internet (unless you can master the intracies of sharing an internet connection in Windows or OS X) as you can with the MiFi.
But similar to the MiFi - you can connect and work from virtually anywhere (well, not the
Since I think its going to be a long long time before we get around to finding the MiFi in
The active links are available at the source site listed below.
Source: Thoughtful Legal Management, 10 May 2009
Posted by Chuck Kallendorf: "President Obama signed H.R. 1626 last Thursday amending 28 federal statutory deadlines, making them consistent with the time-computation amendments to the Rules of Appellate, Bankruptcy, Civil, and Criminal Procedures approved by the Supreme Court last March 26. (
The new deadlines will be effective December 1, 2009
Supreme Court's summary outline of amendments"
The active links are available at the source site listed below.
Source:
Posted by Kevin O'Keefe: "I was speaking to a reporter from Montreal
I fell back on what's becoming increasingly more clear to me. I explained the best lawyers have always gotten their best work by word of mouth. To generate a word of mouth buzz about what you do as a lawyer (and that you do a nice job of it), you have to network with your target audience of clients, prospective clients, referral sources, and those people who influence those three groups.
I continued by explaining that with the Internet driving all commerce today, networking is done online as opposed to offline.
Good lawyers who have gotten their work by word of mouth need to move their networking online. Otherwise their word of mouth reputation is going to dry up. May take some time to lose their hard earned reputation being spread by word of mouth, but it'll happen.
...
Blogging, Twitter, and popular social networking sites such as LinkedIn and Facebook are just a means of networking - a way to locate your audience, listen to them, and engage with that audience. The result being a word of mouth reputation which brings in new clients and keeps the clients you have. An added kicker is the fact that online networking is like networking on steroids compared to offline networking.
...
Then advise, rather than sticking your collective heads in the sand and hoping that the Internet will pass, that your law firm must take the safe and prudent route to protect what you have. That's to continue networking to maintain that word of mouth of reputation. The only difference will be networking online.
Sure, there will be some learning along the way. Blogs, Twitter, social media, and social networking are foreign concepts to most law firms. But the concept of networking to grow that word of mouth reputation to grow business remains the same."
The full text of this post is available at the source site listed below
Source: Real Lawyers Have Blogs, 10 May 2009
Posted by Stephen Seckler, Esq.: "Here is a good list of ten qualities of an entrepreneur. The list has relevance if you are contemplating striking out on your own (or starting a new firm with partners). Item #4 is probably the hardest one to translate to the law (Do you have a unique service or product?) It's hard to come up with a new practice area that the marketplace needs.
"Unique" in this context may relate more to the clientele you serve or how you deliver your services. For example: find effective ways to bill clients that do not rely on traditional hourly billing; identify an emerging industry that has a common set of legal problems; create a firm that provides a multi-disciplinary approach to solving a set of business or individual problems (making sure to adhere to the ethical rules which bar non-lawyers from owning law firms).
The point is that you need to distinguish yourself from service providers that already exist."
The active link is available at the source site listed below.
Source: Counsel to Counsel, 8 May 2009
Posted by Jim Hassett: "On April 15, I moderated a panel discussion for West Legal Edcenter on alternative fees at large firms. Some of the discussions were similar to those in a related panel on alternative fees at boutiques. But there were also important differences at large firms.
Harry Trueheart, the Chairman of Nixon Peabody (over 800 lawyers), noted that large firms have several advantages: they can take greater risks if a client wants contingent or other fee arrangements, and they have a larger knowledge base. This can lead to greater efficiency and better estimates of what things should cost. But Trueheart and other panelists also talked about the special challenges in changing the mindset at large firms.
Fred Bartlit noted that at Big Law "there's no such thing as a dry hole." Large firm lawyers expect to make a profit on every single matter, because every hour is billed to the client. Clients may win or lose, but lawyers always win.
At 70 lawyers, Bartlit's firm does not fit the traditional definition of Big Law, but it IS the largest firm in the world that refuses hourly work and works exclusively on an alternative basis. Bartlit & Beck structures every fee so that the law firm and the client win together, or lose together.
Just as oil companies must accept the fact that they may invest millions drilling for oil where there is none, Bartlit says that law firms must accept the fact that in order to win big you have to be willing and able to sometimes lose. This is such a fundamental change in mindset that he thinks it will work best in "
But some large firms are beginning to embrace this philosophy...
Harry Trueheart explained that as legal clients move in this direction: "A lot of education will go into this and it's not cheap. Law firms will pay dearly as we as a profession learn to do this. There will be winners and losers on the economics. But many contractors manage their business this way and lawyers must learn this too."
For firms that do invest in mastering these new ways of doing business, the payoff could be enormous. When clients leave the billable hour behind, they are more willing to pick up the phone to ask for advice because they know it will not increase the cost. "It invites the client to engage with us and increases the ties that bind," said Rosenblatt. "We're now on the same team, and more likely to get the next engagement." The implication is obvious: "This is an opportunity to get a bigger share of a shrinking pie."
For a summary of this series, see the LegalBizDev Guide to Alternative Fees, in the free resources section of our web page."
Full text and active links are available at the source site listed below.
Source: Legal Business Development, 6 May 2009
Posted by Raymond Ward: "Ernest Hemingway once said or wrote, "The first draft of everything is shit." This truth applies to the genre of writing that most of us probably do most often: e-mail. For tips on improving your own e-mail, read David Silverman's 10 tips for writing better e-mail. Then read his addendum of tips 11-19. (Hat tip to Alison Wolf at Slaw.ca, who adds her own list of e-mail writing tips.)"
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Source: the (new) legal writer, 8 May 2009
Posted by Evan Schaeffer: "If you're a tech junkie like I am, you probably like to keep up on the latest tech news for lawyers. Here are some resources to keep in mind:
- DennisKennedy.blog
- iPhone J.D.
- PDF for Lawyers
- Digital Workflow
- Dennis Kennedy's tech columns in the ABA Journal
- FutureLawyer
- This Week in Law (podcast)
- TechnoEsq
- Law.com Legal Technology
- Law.com In-House Tech
- Law.com Legal Technology White Papers
- Law.com Legal Technology Downloads
- Mac Litigator
- Mac Lawyer's Notebook
- MacLaw Online
- ISBA Legal Tech Newsletters
- Law Tech Guru Blog
- Digital Practice of Law
- The Mac Lawyer
- Acrobat for Legal Professionals
- Apple site for lawyers
- Home Office Lawyer
- The Trial Technlogist's View
If you know of other sites like these, please send me an email or leave a comment. (Meanwhile, why aren't there any resources dedicated solely to "cloud computing for lawyers"? It's some Internet space that's ready to be snatched up!)"
The active links are available at the source site listed below.
Source: The Trial Practice Tips Weblog, 7 May 2009