Posted by David Bilinsky: "I had the pleasure of attending The Futures conference in Denver CO recently that was part of the College of Law Practice Management's Annual General Meeting.

Several themes were developed during that conference, some of which took some time to fully appreciate. Certainly there was a healthy divergence of opinion on the future of lawyers, being the theme of the conference. However, I thought I would take a moment and encapsulate my thoughts on some of these ideas based on the forces that are presently shaping the legal profession. Certainly central to my thoughts are the Legal Services Bill in the UK as well as the power of the Internet as a disruptive technology. Together these, as well as other underlying forces, in my opinion, will change the legal profession as we know it.

 ...

So the future of lawyers lies in our own hands...the question is, what are we going to do about it? We can seize the initiative and build our own future...or we can let events continue as they have been...in which case I think I see the future baby, and it is murder...things are going to slide..."

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

Source: Thoughtful Legal Management, 29 October 2009

By Brian Malcom: "Yahoo! Finance is reporting that a busy secretary could cost PepsiCo $1.26 billion dollars.  Kathy Henry, a secretary to PepsiCo's Deputy General Counsel Tom Tamoney in PepsiCo's law department, apparently received a legal document related to a pending lawsuit against PepsiCo on September 15.  Henry, who was apparently busy preparing for a board meeting, put the letter aside and did not tell anyone about it.

On October 5, Henry received a forwarded copy of the plaintiff's motion for default judgment from Yvonne Mazza, a legal assistant for Aquafina matters.  Henry remembered that she had the September 15th document in the same matter and passed it back to Mazza.  Mazza then sent the documents to David Wexler, a department attorney, and he immediately noticed something was wrong.  Wexler called the agent to get a copy of the Complaint.

It was too late.  Damages were awarded the previous week on September 30.  PepsiCo filed motions to vacate the order and dismiss the claims on October 13.  It argued that it was not even aware of the lawsuit until October 6.

"The litigation began in April when Charles Joyce and James Voigt sued the soft drink maker and two of its distributors, alleging they had misappropriated trade secrets from confidential discussions the plaintiffs had with the distributors in 1981 about selling purified water.  The information was illicitly passed to PepsiCo, which used it to develop and sell Aquafina bottled water, the plaintiffs allege in the case filed in the Circuit Court of Jefferson County before Judge Jacqueline Erwin."

There is a lesson here:  speak with your assistant about timely notification of incoming legal documents.  Make sure your assistant is organized and understands the importance of careful and timely review of incoming documents.

...

You are ultimately responsible.  Make sure your supporting staff is happy, organized and not overwhelmed.  This could have happened because the attorney was overwhelmed, too.  Make sure you are managing your workload.  If you're overwhelmed, tell someone."

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

Source: Young Lawyers Blog, 29 October 2009

When One of Offender's Convictions May Not Be Sealed, Law Does Not Allow Sealing Record of Other Offenses

From the site: "2008-2391.  State v. Futrall, Slip Opinion No. 2009-Ohio-5590.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5590.pdf

View oral argument video of this case.

The Supreme Court of Ohio ruled unanimously today that when an applicant with multiple convictions under one case number moves to seal his or her criminal record in that case pursuant to R.C. 2953.32, and one of those convictions is exempt from sealing pursuant to R.C. 2953.36, the trial court may not seal the remaining convictions..."

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

Source: The Supreme Court of Ohio & The Judicial System, 29 October 2009

Court Holds Failure to Serve Once-Dismissed Complaint Within One Year Results in Dismissal With Prejudice

From the site: "Sisk & Assoc., Inc. v. Commt. to Elect Timothy Grendell, Slip Opinion No. 2009-Ohio-5591.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5591.pdf

View oral argument video of this case.

The Supreme Court of Ohio ruled today that when a plaintiff in a civil suit has previously dismissed its complaint against a defendant voluntarily and then refiled it, and the plaintiff subsequently files an instruction directing the clerk of courts to serve the refiled complaint on the defendant more than one year after the date of refiling, the instruction by operation of law is a second "notice dismissal" that results in dismissal of the plaintiff's claims with prejudice..."

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

Source: The Supreme Court of Ohio & The Judicial System, 29 October 2009

Posted by Chuck Kallendorf: "Last June 9th., the Ohio Supreme Court again addressed the consequences of a trial court's failure to either notify an offender about post-release control at the time of sentencing or incorporating post-release controls into its sentencing entry. Also at issue was the application of ORC §2929.191, which provides a mechanism for correcting a judgment entry if the trial court does fail to notify an offender of those controls or impose it. The Court there held that "in the absence of a proper sentencing entry imposing post-release control, a parole board's imposition of post-release control cannot be enforced." [See State v. Bloomer, 2009 Ohio 2462 ]

HB 137, amended ORC §2967.28, §2929.14, and §2929.19 and enacted §2929.191 to provide a "mechanism for correcting sentences in which a trial court failed either to notify the offender of post-release control or to incorporate it into the sentencing entry", became effective July 11, 2006. The Court also noted "the legislature had amended ORC § 2929.14(F)(1) to provide: 'If a court imposes a sentence including a prison term of a type described in this division on or after July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code.'"

The Court reviewed a number of its previous considerations of sentencing courts failing to follow the requirements of sentencing statutes dating back to 1984 and, most recently, last year in State v. Simpkins, 117 Ohio St.3d 420, 2008-Ohio-1197, 884 N.E.2d 568, where it said, "[I]n cases in which a defendant is convicted of, or pleads guilty to, an offense for which post-release control is required but not properly included in the sentence, the sentence is void, and the state is entitled to a new sentencing hearing to have post-release control imposed on the defendant unless the defendant has completed his sentence." Consistent with all, however, was the requirement that "the sentencing courts must impose post-release control before an offender completes the stated term of imprisonment."

As a consequence of this decision, the Department of Rehabilitation and Correction must now re-examine other cases, including those of nearly 15,000 former prisoners under state supervision and more than 200 inmates returned to prison for violating post-release control."

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

Source: Cincinnati Law Library Blog, 29 October 2009

Posted by Robert J. Ambrogi: "Update: Orin Kerr says he misread the opinion. Read his correction here.

The Fourth Amendment's protection against unreasonable searches and seizures does not apply to e-mail, a federal judge has ruled. The judge's reasoning would seem to sound a warning bell for anyone -- lawyers in particular -- not only who use Web-based e-mail accounts, but also who store documents of any kind online in "the cloud."

Orin Kerr, professor at George Washington University Law School, highlights the ruling and quotes from it at The Volokh Conspiracy, even though he says he disagrees with it.

The ruling from U.S. District Judge Michael W. Mosman in Oregon addresses the question of whether the government must notify someone when it obtains a search warrant to access the person's Web-based e-mail account. This case appears to have involved Google's Gmail.

The Fourth Amendment, Mosman writes, creates a "strong privacy protection for homes and the items within them in the physical world." But e-mail, he says, resides outside a person's home..."

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

Source: Legal Blog Watch, 29 October 2009

From the e-newsletter: "Letting go is hard to do. And in an economy like the current one, layoffs have become a necessary evil--and even norm--for some companies."

Suggested steps include: 

Posted by Penelope Trunk: "Eighty percent of adults with Asperger Syndrome do not have full-time work. This not because they can't do the work. It's that they can't manage to be socially acceptable while they get the work done. '

Countless studies show people would rather have pleasant and personable co-workers than a co-worker who is always right. I try to keep this in mind each day, and consequently, I spend a lot of time planning my interactions.

But sometimes my plans fail. To give you an idea of what I'm talking about, I'm going to walk you through my most recent parent-teacher conference. Which was a disaster.  And while it was a meeting in a second-grade classroom, it could have been a meeting with anyone, anywhere.

1. I can't tell the difference between social niceties and reality...

2. I get sidetracked by insisting on telling people what they don't know...

3. I interrupt constantly and don't realize it...

4. My mind is too scattered to focus on being nice...

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

Source: Penelope Trunk's Brazen Careerist, 29 October 2009

From the site: "Bayer HealthCare Pharmaceuticals is facing a growing number of lawsuits claiming that the company concealed the health risks associated with the top-selling birth control pills Yaz and Yasmin.  Co-hosts and attorneys J. Craig Williams and Bob Ambrogi welcome Attorney Mike Danko from the Danko Law Firm and James T. O'Reilly, Professor of Law at University of Cincinnati College of Law, to a look at the basis for the litigation, the reported side affects, the FDA's role, Bayer's continued marketing campaign and the federal lawsuit against the makers of Yaz & Yasmin.

Podcast: Play in new window | Download (right click, save as) (Duration: 33:02 -- 25.1MB)

Related Podcasts

• July 31, 2009 -- Zicam Litigation
• March 12, 2009 -- Impact of SUPCO Ruling on Wyeth v. Levine
• December 18, 2008 -- The Controversy Surrounding Gardasil
• October 14, 2008 -- Life Cycle of a Lawsuit Part 2
• September 15, 2008 -- Life Cycle of a Lawsuit"

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

Source: Legal Talk Network, 29 October 2009

From the blog: "We are now almost mid-way through the first national Pro Bono Week, which is being sponsored by the ABA Standing Committee on Pro Bono and Public Service. The ABA's initiative is dedicated to finding more lawyers to provide pro bono legal services, and local entities like the Cleveland Metropolitan Bar Association and The Legal Aid Society of Cleveland have really stepped up the plate. Check out the list of activities and events they and others throughout Ohio are sponsoring."

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

Source: Cleveland Law Library Weblog, 28 October 2009

Posted by Penelope Trunk: "Here's the deal with giving flowers. Women like receiving flowers. Men think flowers are stupid.

Men think: Flowers die, they don't do anything when they are alive, they are expensive, and they are a cliché. Men know that women in general like flowers, but men also believe that women they know personally do not like flowers. The women they know are the exception to the rule.

I think it's safe to say that mostly women are reading this post. Women are reading to figure out how to get the men in their lives to send flowers.

...

So, here's what you get:

1. Flowers make the giver happy...

2. People think you are smarter if you're a guy who gives flowers...

3. You will be a better manager...

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

Source: Penelope Trunk's Brazen Careerist, 28 October 2009

Posted by StephanieWestAllen: "Excerpt:

A study by Kellogg Prof. Adam Galinsky challenges the notion that promoting from within is the best option ... .

Galinsky said his research shows a failed course of action by business leadership is often perpetuated by new leadership that shares a "psychological connection" to its predecessor.
...

"The idea of an insider versus an outsider depends on the current state of the organization," he said.

...

Galinsky's study, "Vicarious entrapment: Your sunk costs, my escalation of commitment" will be published in an upcoming issue of the Journal of Experimental Social Psychology. Galinsky said his research centered on the idea of "escalation of commitment," a theory that was pioneered in the 1970s by former NU Psychology Prof. Barry Staw.

Click to read the rest of "Kellogg study: outsiders effective leaders" (Daily Northwestern).

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

Posted by Raymond Ward: "What Ken Davis said."

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

Source: the (new) legal writer, 22October 2009

From the e-newsletter: "Whether it's LinkedIn or Legal OnRamp, Twitter or del.icio.us, Web 2.0 is very quickly transforming the way law firms market themselves and their attorneys."

Read more...

Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 28 October 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Lisa Salazar: "Remember my blog where I compared legal marketing to dating?

I stand by my previous metaphor and I add yet more: social networking is true test of your commitment to your law firm. Yes, the big "C" word: commitment.

For social networking to truly sing, you can't just be friends with your social networking sites. You can't just drop by when you feel like spending time with them. Sending them make-up flowers won't work. And big, glorious, dramatic scenes will get you nowhere.

Just like marriage, social networking is hard. You have to be present every single day with a commitment to add something of value. Your words may fall on deaf ears. The objects of your affection may spurn you or take no notice.

But it doesn't matter whether anyone notices your efforts to demonstrate your commitment, nay, your love for your law firm. It doesn't matter whether anyone re-tweets you. It doesn't matter whether your blog gets picked up by some national blog-monger.

Because at the end of the day, you just have to be committed and true who you love and to who you are.

What can I say? Nice guys do finish last. And marriages can last a lifetime.

Look around. There are lots of happy bloggers, Twitterers, Facebookers and LinkedInners. They are just doing their thing, making copy, meeting folks and enjoying their days. And hardly any of them are famous.

But they all seem to be pretty darned happy.

See? Sometimes commitments do pay off."

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

Source: 3 Geeks and a Law Blog, 26 October 2009

Posted by Carolyn Elefant: "These days, working from home is all the rage, glamorized by successful lawyers like Chuck Newton at Third Wave Law Blog or Jay Fleischman at Untethered Lawyer, who through writing and by personal example make a compelling case for the virtues of virtual law practice.  I don't disagree, either - there's much to be said for working from home, from keeping overhead down to accommodating the needs of family.  In fact, it was exactly thirteen years ago yesterday that I trudged out of my downtown DC office, nine months and two weeks pregnant, never again to return for a full day's work at that venue, or any other space outside of my home for that matter.

As much as I've enjoyed working from home, working in an outside office has its upsides.  Which is why you shouldn't feel ashamed or behind the times for craving an office.  After the jump, I'll describe two hidden benefits that come with renting or subleasing space that you might not have considered.

Continue Reading...

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

Source: My Shingle, 21 October 2009

Posted by J. Benjamin Stevens: "Everybody loves a good magic show, as long as the magic works.  Last week, Apple introduced its Magic Mouse, which it bills as "the world's first Multi-Touch mouse."  With its Bluetooth connectivity, it now enables many of the multi-touch gestures that users of the iPhone, iPod Touch, and newer MacBooks have come to love. 

However, some initial reviews have been less than stellar, which raises the question of whether the Magic Mouse is more style than substance.  While CNET raved about its sleek appearance, it was very critical of the Magic Mouse's narrow profile that "sits too low for comfort", "awkward and unnatural" feel when sliding our middle and index fingers across the flat surface, and inability to reassign the gestures to suit your personal preferences. 

The image below shows the many multi-touch gestures the Mighty Mouse offers.  I haven't had an opportunity to try one out myself, but I welcome your comments of your experiences."

[See source link for graphics]

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

Source: The Mac Lawyer, 26 October 2009

From the e-newsletter: "Before the start of the October 2009 term, the ABA's PREVIEW of United States Supreme Court Cases brought together a unique panel of Supreme Court experts at the Newseum in Washington, D.C. to discuss the upcoming Supreme Court term, some interesting cases, and the likely impact of Justice Sotomayor's presence on the bench. Download the program today."

Source: ABA Division of Public Education. "Law Matters."  October 2009. Subscribe <http://www.abanet.org/publiced/lawmatters/subscribe.html>.

Posted by Julie Fleming: "The holidays are just around the corner, and today's WRA calls for you to begin planning ahead.

Do you send cards or gifts to your clients to mark the holidays?  As you no doubt know, current clients and referral sources are your most immediate route to more business.  Because business development is all about growing and maintaining relationships, recognizing those relationships in an appropriate way may further your rainmaking goals. 

More importantly, it's gracious to thank your clients for putting their trust in you and allowing you to serve their legal needs.  Failing to do so probably won't (Read the rest of the entry...)"

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

Source: Life at the Bar, 26 October 2009

Posted by Brian Malcom: "Can young lawyers take a vacation?  Yes, and they should.  The practice of law is not easy.  It is a difficult career.  It demands much of one's time, energy, effort and mind.  Young lawyers should take a vacation every now and then.

I realize that some of our readers are going to disagree with this post.  Given the state of the economy, many might say that a young lawyer should remain at his or her desk 52 weeks a year and at least six days a week.  However, I disagree.

A vacation can give your mind a break.  A recent article by Psychology Today, discusses the benefits of a vacation.  The very first paragraph of the article encourages people that think for a living (i.e. lawyers) to take breaks, during which they do not think about work for a while.  The article then goes on to discuss the benefits of a mental rest.  Research suggests that we should place value on a fresh mind, as this is the time we are more likely to be able to solve tough problems.  In other words, the mental rest allows us time to engage in non-linear problem solving.  Non-linear problem solving is also known as the "aha" phenomenon.

...

If the above research by Psychology Today is not enough for you, I have one more reason all lawyers should take a vacation.  The reason is a bit of a cliché:  the practice of law is a marathon and not a sprint.  Most lawyers do not go into private practice to practice for one-to-five years and then turn to another career.  Most young lawyers are in it for the long haul.  To keep yourself happy, fresh, and enthusiastic about your work, you should take a vacation.  You don't have to spend a lot of money to take a mental break.  You just have to make an effort to make yourself rest.  I just took a vacation, and it was nice to give my mind and body a break for a few days."

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

Source: Young Lawyers Blog, 19 October 2009

From the site: "On Law Technology Now, host Monica Bay welcomes Judi Flournoy, CIO of Loeb & Loeb, past president of ILTA, and a long-time member of the Law Technology News Editorial Advisory Board,  to discuss how her firm upgraded its BlackBerry program. Monica and Judi will look at the new system, how it saves time and aggravation for users and administrators and dramatically cuts costs while increasing services.

Podcast: Play in new window | Download (right click, save as) (Duration: 18:07 -- 15.1MB)

Related Podcasts

• September 22, 2009 -- Law Firms and Legal Technology: Trends and Challenges
• July 20, 2009 -- Email Etiquette 2.0
• June 22, 2009 -- Lawyers and Smartphones"

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

Source: Legal Talk Network, 27 October 2009

Posted by Tom Kane: "In our fast-paced world, it seems like such availability is expected. Certainly, a partner at a BigLaw firm apparently thinks associates should, sorta. You can read about it on ABA Journal's Law News Now and Above the Law. In a nutshell, a partner asked an associate to send a fax to a client before the latter left the office, but junior forgot to check his emails and never got the word.

My question to that partner is, "have you ever heard of the telephone?" If it was that important, why didn't you pick up the damn phone and make sure it got done. Also, I don't know about this guy, but I know I have failed to receive emails sent (or received them hours later - really) and others have not gotten some that I've sent.

But the issue is, do we really have to live our lives by the Blackberry or iPhone?

 Although in an earlier post I endorsed Dan Hull's 12 Rules of client service, including "Be there for clients - 24/7," I'm having second thoughts on the 24/7 part. Maybe it's just because I'm getting tired of technology running my life.

Here's a couple of options (at least when it comes to clients):

• Set a time that you will read and respond to emails (maybe that research project shouldn't be interrupted willy-nilly); and
• Tell clients that you will be checking and responding to emails at certain times during the day, but they should not hesitate to call if something is urgent.

Associates in BigLaw, you're on your own when it comes to firm emails.

There! I feel better, but I have to go. It's approaching the hour, and I need to check my Blackberry."

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

Source: Legal Marketing blog.com, 27 October 2009

Posted by Evan Schaeffer: "Here are some tips for defense lawyers on summary judgment from Michael Reitzell's: "Focus on the Material Facts for a Successful Motion for Summary Judgment" (pdf). 

Link from the (new) legal writer.

Related posts:

1. "An Entertaining Discourse on Summary Judgment?"

2. "Discourse on Summary Judgment, Part II"

3. "Discourse on Summary Judgment, Part III"

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

Source: The Trial Practice Tips Blog, 27 October 2009

In the news: "Cross-border investigations tend to multiply the complex investigatory pitfalls a company faces. These include data privacy laws, attorney-client privilege, conflicting information technology platforms, and document retention policies and practices that fall short of U.S. standards."

Topics discussed include:

RULES OF THE ROAD

First, secure the relevant documents.

Second, because employees enjoy heightened protections in certain countries, be aware of local rules when interviewing employees abroad.

Third, conduct the investigation with the understanding that the American concept of attorney-client privilege is not universally accepted.

Fourth, where there are multiple countries showing an interest in the matters under investigation, consider global coordination with the various interested governments.

CONTRASTING APPROACHES

SELF-REPORTING

Read full text

Source: Law.Com's Daily Legal Newswire. 28 October 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Mary Ellen Bates: "Just learned about Twapper Keeper from Gary Price. (Twapper... like Twitter trapper) The love child of Google and Twitter - all the archive of searching Twitter on Google (using site:twitter.com) plus the hash-tag feature of Twitter (Google strips off hash tags when it indexes tweets, so you can't limit your search just to hash tags)." 

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

Source: Librarian of Fortune, 26 October 2009 

Posted by Robert Ambrogi: "The seminal annual event in online dispute resolution, ODR Cyberweek, kicks off today and continues through Friday. This free-of-charge and entirely online event features an array of discussions, simulations, demonstrations and other activities related to ODR. It is sponsored by the National Center for Technology and Dispute Resolution.

Here is a program of events and a guide to navigating it all.

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

Source: Robert Ambrogi's LawSites, 26 October 2009

Posted by Carolyn Elefant: "Call me old fashioned, but even with the recent decline in newspaper circulation, I hold a special place in my heart for the old Gray Lady.  For all the exposure that the Internet offers, nothing quite parallels the reach of a mention in the pages of the New York Times, or rivals the cache of a "quoted in the New York Times" entry on a lawyer bio.

Guess what?  You don't need to be a bigwig to snag a mention in the New York Times, or at least, at one of its online sites.  These days, the New York Times gives readers the ability to contribute posts to its local blogs or to cover local news stories.  And lawyers are already taking advantage of these opportunities to contribute to the local community while gaining exposure for their practice.

Consider Livingston, New Jersey-based new solo, Jodi Rosenberg (whose office, coincidentally, is located in my hometown, right around the corner from where I grew up).  Rosenberg wrote this post for the New York Times' local Maplewood blog about an author's talk that she organized for a working mothers' group.  In the post, Rosenberg shares useful tips on how to locate published authors to speak at events as well as information on Workmoms, a social networking group for working mothers that Rosenberg co-leads.  But Rosenberg also discretely slips in mention about starting her new law firm.  Rosenberg's post thus brings exposure both to her Workmoms group (which can generate membership and lead to increased connections and potential clients) and directly to her law firm.

Former lawyer turned author, writing coach and speaker Ari Kaplan has also posted on the New York Times blog, once about his experience of writing his book at the local library and once about family activities.   Kaplan's articles help build a local following, not to mention that he garnered a nice byline with information about his business.

The Times offers another opportunity for lawyers to get exposure and even meet prospective clients face to face with its Virtual Assignment Desk.  The Virtual Assignment Desk lists local events where news coverage is desired, and then solicits volunteers who are willing to cover those events and file a blog post and story.  Past assignments include school board meetings, a League of Women Voters' workshop offering tips for citizen journalists and a town board of trustees meetings.  By attending these events as a journalist, lawyers have the opportunity to get to know the key players, and even have a chance to interact with them directly by interviewing them for a story.  Consider a lawyer interested in a niche practice advising bloggers and citizen journalists.  Attending a meeting on citizen journalism and reporting about it can get the lawyer's name out in front of prospective clients. 

Does the metropolitan newspaper in your area offer these kinds of opportunities?  Not only can your effort help rebuild the newspaper industry, but you can help build your own practice in the process."

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

Source: Nolo's Legal Marketing Blog, 26 October 2009

Posted by Kevin O'Keefe: "Interesting new book out from PR professionals, Brian Solis and  Deidre Breakenridge, 'Putting the Public Back in Public Relations.'

Most helpful to me was the review and summary of the book done by Lee Odden, a Minneapolis based Social Media and SEO professional. I culled seven points from Lee's review that I thought would be helpful to law firms and their PR agencies.

• Instead of information conduits, PR practitioners need to be part of the story and conversation. It's about dialogue, not monologue.
• Approach marketing more as a consumer and less like a 'PR person' to show your investment in knowledge, your empathy for customer needs and understanding of what's important.
• Social Media is not about the technology, it's about the people.
• Social tools can be overwhelming, so it's important to remember that tools will change, but the importance of engaging with people will always be important.
• Using standard marketing tactics and messages with social tools does not lead to engagement.
• PR professionals would be keen to focus on the sociology of internet communities more than their need to disseminate information.
• Participation with social networks (Facebook), micromedia (Twitter) and facilitating those channels to reach PR objectives is more about communicating with people, not at them.
• As PR professionals participate in communities and tell brand and product stories, they're also in a position to listen to customers and gain valuable insight into the effect of their efforts as well as new communications opportunities.

Public relations work and PR agencies are by no means going away. Traditional PR strategy and PR tactics simply aren't as effective. Adapting to and utilizing social media is the key to success."

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

Source: Real Lawyers Have Blogs, 25 October 2009

Posted by Ed Poll: "Bullies cost you money! Addressing this topic is not a "soft skill" but one that goes right to the "bottom line." Tolerate bullying in the workplace and you will experience lost time, lost incentive and lost resources when skilled staff take time off from work, lose motivation or suffer stress burnout and leave the job for another. The cost to business is in the billions of dollars annually.

The converse is true. Creating a culture of collegiality, cooperation and teamwork creates enhanced performance, greater successes and even higher profits.

Bullying, by definition, is unwelcome behavior including unwarranted or invalid criticism, exclusion and isolation, being singled out and treated differently, and being humiliated in front of others. One study shows that younger women suffer bullying at the hands of older women ... but this phenomenon is not limited to women ... and sexual harrassment is only one aspect ...

Male clients find often find that how they respond to the bullying tactics of their male superiors is a critical feature of whether they succeed in the law firm and whether they make partner or are asked to leave.  Irrespective of how they deal with bullying tactics such as imposition of unreal time deadlines and nitpicking of their draft documents, the psychological toll on the lawyer is humongous ... including stress in their home life.

...

Yes, bullying is exaggerated in times of recession and credit crunch, if allowed ... But, it need not be."

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

Source: LawBizBlog, 20 October 2009

From the blog: "The Ohio Supreme Court has issued a short report on domestic violence in later life. The report contrasts this type of violence with elder abuse against persons over 60. The report then defines the markers of domestic violence, identifies the types of abusers and victims, and suggests roles the court can play. The article concludes by summarizing the scope and mission of the Ohio Supreme Court's Domestic Violence Program."

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

Source: Cleveland Law Library Weblog, 26 October 2009

 Posted by Wayne Schiess: "A lawyer attending one of my seminars offered a great suggestion that I had never thought of. (Oops! "of which I had never thought.")

When writing a brief in a case with a long or complex factual record, make detailed notes about the record, but do not write your statement of facts yet. Outline and write your argument, using your record notes as a reference. Then write the statement of facts. You'll know exactly what facts are relevant and what facts are key. You'll know what facts you can leave out. You'll be better able to frame and phrase the facts in ways that favor your arguments.

Just because the facts come before the argument in a brief doesn't mean you must write the facts before you write the argument.

If you're a practicing lawyer who writes briefs, you probably already do this. It just makes sense. But it's a good tip for law students and young lawyers."

Read other great tips at Wayne's blog!

Source: Legalwriting.net blog, 21 October 2009 

Posted by Bruce Carton: "Any law student who has taken a legal writing course has probably heard, repeatedly, that the passive voice is bad. Evil. To be avoided at all costs. In most cases I would agree this is true, and that vigorously purging the passive voice from your writing makes it clearer and easier to read.

This post on the Legal Writing Prof Blog directs us to a good primer put out by the University of North Carolina Writing Center that debunks several myths about the passive voice, and also lays out at least three instances in which writers should feel free to use it.

The passive voice "myths" include:

· Use of the passive voice constitutes a grammatical error...

· If something is in the first person, it is in the active voice...

· Grammar checkers will catch passive voice...

The article also presents circumstances in which the passive voice is actually the best choice, including:

· To emphasize an object...

· To de-emphasize an unknown subject or actor..

· If the reader doesn't need to know who is responsible for the action...

I'm going to try to add all of this to my own practice of using the passive voice, which before today was simply, "don't do it!"

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

Source: Legal Blog Watch, 26 October 2009

In the news: "Fresh from tapping into the technology experience of GCs who attended the annual Association of Corporate Counsel conference this month, attorney Ari L. Kaplan shares tips he received on eliminating software licensing costs through the use of inexpensive or free applications."

Read full text

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

From the blog: "The United States District Court for the Northern District of Ohio has just adopted Local Patent Rules. These rules were the project of a Local Patent Committee and the Northern District of Ohio Advisory Group. The Rules contain an Appendix of 3 forms for a Stipulated Protective Order, a Report of the Parties' Planning Meeting in Patent Cases, and a Joint Claim Construction Table."

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

Source: Cleveland Law Library Weblog, 23 October 2009

Posted by StephanieWestAllen: "From the Allan Handleman radio show site:

David Rock, founder and CEO of Results Coaching Systems, explains the neural basis of issues like self-awareness, reflection, insight and accountability.

"Your Brain at Work: Strategies for Overcoming Distraction, Regaining Focus and Working Smarter All Day Long" available at www.yourbrainatwork.org

Click to listen. May load slowly.

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

Source: idealawg, 24 October 2009

From the blog: "Social Networking - Legal and Ethical Issues for Lawyers and Investigators

Should an investigator or attorney "friend" a prosecution witness in order to find impeachment evidence? Are there legal or ethical bars to surreptitiously gathering data from social network profiles? Should the intent of the user have any bearing on the formulation of law related to access? These and more questions were stirred up in the mix of case studies presented at the (first, annual?) symposium, Social Networks: Friends or Foes? Confronting Online Legal and Ethical Issues in the Age of Social Networking, sponsored by UC Berkeley School of Law. Yeah, a long title but, hey, these folks are academics. And the case studies constituted just the first panel ("Problems Unique to Social Networking and the Law") of an extraordinary assemblage of academic, government, activist, policy and practicing lawyers rounding out the 5-panel day.

Much of the discussion concerned access to profile content, - the difference between civil and criminal (where there's the familiar prosecution/defense imbalance) cases - whether certain information should be private even if it can be viewed by unintended parties. For example, should employers be able to view deleted personal information? No one mentioned the issue of whether schools have a legal right to compel students to turn over their user names/passwords (See: "Area School Wants Access To Students' Social Networking"). There may be instances when a legal requirement for disclosure would apply. Lauren Gelman, Executive Director, Stanford Law, Center for Internet and Society, raised the question of whether evidence in the online sites could be used, say, in divorce cases, to support evidence gathered by other means. The Deputy General Counsel for Facebook took the position that user's profile content is private, begging the audience to sue the company to settle issues of access.

See: Social Networks: Friends or Foes

[Their] Source: PI Buzz

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

Source: ResourceShelf, 25 October 2009

Posted by Rita Handrich: "There's a really good reason for obtaining verbal and/or non-verbal agreement from your panel during voir dire. Not only does it begin the process of building your relationship with potential jurors, it is also a means of predisposing them to continue to be in agreement with you as time goes on through the trial.

Here's how it works: The principle itself is one of "commitment and consistency" (Mills 2000). You can be more persuasive by obtaining what you might think of as 'small beginning commitments'. This might be around issues such as traffic that morning, finding parking by the courthouse, or even a comment on the weather. You establish yourself as comfortable with them, as caring about their comfort, and you make good eye contact with them.

As you move through your voir dire, you are asking for opinions, asking about agreement from the panel on various issues, and letting them know you want them to feel comfortable with the burden they take on as jurors in a pending trial. Research on persuasion tells us that people like to see themselves as behaving consistently. When you establish a pattern of agreement early on in voir dire, those who will eventually become jurors are more likely to continue to agree with you as long as you are reasonable in your requests/presentation of evidence. (This is why skilled negotiators begin with the ground rules first--to establish that all-important pattern of agreement.)

Agreement in small things can lead to agreement in larger things.

Mills, H. (2000). Artful Persuasion: How to command attention, change minds, and influence people, AMACOM."

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

Source: The Jury Room, 21 October 2009

From the site: "On this edition of Ringler Radio, host Larry Cohen welcomes colleague and co-host,  Rachel D. Grant, Settlement Annuity Specialist in the Detroit office, as they look at emergency room errors, traumatic birth injuries and neurological injuries within hospitals, with Attorney Brian J. McKeen from the firm of McKeen & Associates.  They will discuss how to determine medical negligence, what is being done in hospitals to prevent ER errors and how a structured settlement can benefit clients

Podcast: Play in new window | Download (right click, save as) (Duration: 32:04 -- 29.6MB)

Related Podcasts

• October 1, 2007 -- Michigan Trial Lawyers
• December 21, 2005 -- Understanding the Defense
• May 21, 2005 -- Medical Negligence

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

Source: Legal Talk Network, 20 October 2009

By Tim Piganelli and Nils Jensen: "Trial Presentation software is typically used on a "stage" in front of a court, jury, and, well, let's just say an audience. Make sure to choose it carefully, and with some due diligence."

Topics discussed include:

• 10 tips to consider when choosing software to assist with managing and presenting evidence in trial
• A Few Words About Using the Court's Built-In System
• A Few More Words About Using the Court's Built-In System
• Putting it all together

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

Source: Law Practice Today, October 2009

In the news: "Consultant Brett Burney found that the Masters Conference had more, better and faster technology than in previous years and addressed risk management and security in addition to directing a laser focus on e-discovery products from the likes of Clearwell, Nuix, Wave and iFramework."

Read full text

Source: Law.Com's Daily Legal Newswire. 26 October 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Mark Giangrand: "Ever wonder why Internet addresses have two forward slashes following the colon?  Sir Tim Berners-Lee, inventor of the Internet, said it seemed like a good idea at the time, but they were a completely unnecessary embellishment to web addresses.  A colon by itself would have worked just as well.  Now we're stuck with them.  He was probably just trying to give some work to some underused keys.  Just think, if it weren't for Internet addresses, the tilde (and whatever that thing is below it) would probably have little use on U.S. keyboards as well.  Where was Al Gore when you needed him?"

[Isn't it nice to know that you can drop two keystrokes/web address!] 

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

Source: Law Librarian Blog, 23 October 2009

Posted by Tom Kane: "During coaching sessions I always ask clients "did you thank (so and so) for that referral you just mentioned?" Sometimes the response is "oh yeah, I need to do that." Thanking referral sources should not be something you have to remember to do. It should be automatic. Best if you have a system in place that kicks in when you get a referral.

Nancy Myrland has an article in this month's ABA Law Practice Today entitled "A Seven-Step Referral Recognition Program." As she so correctly points out "Referrals are timeless, critical and obtainable if you follow some simple steps to encourage them." They are also the major source of business for any law firm.

Nancy's seven steps:

• Do great work so clients will want to refer others to your firm (some call them "raving fans");
• Let clients and other contacts know that your business relies on referrals (if you're hesitant or shy in doing that, see my earlier post "Use 'We' vs. 'I' In Asking For Referrals");
• When referred a potential client, call or email acknowledgement and that you will keep them informed (I prefer a call or handwritten note thanking them for recommending your firm);
• Within "two days, send whatever your Level One Referral Recognition gift is" to the person who referred (Nancy is obviously a generous person, and must have tons of dough, as I would thank the person, but hold the "gift" for when you land the potential client);
• Schedule the meeting with the potential client, and let the referrer know about it and that you will keep them informed as to how it goes - thanking them again, of course;
• If you are retained, send a Level Two Referral Recognition (or cheapo Kane's "only level") gift with another handwritten note of thanks; and
• Once or twice a year, send special cards to all your referral sources thanking them for their previous support and how much it means to you.

Don't be like a firm I heard about in New York that had received 10 referrals from another firm, and never bothered to thank them once. Think about how you would feel, and how long you would continue to refer work."

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

Source: Legal Marketing Blog.com, 22 October 2009

In the news: "Every law firm that is successful today has someone who managed change effectively. Paul Lippe, founder and CEO of Legal OnRamp, talks with John Alber of Bryan Cave and Mary Abraham of Debevoise & Plimpton about how technology is likely to impact the practice of law in the next few years."

Questioned discussed include:

·        What were the top presentations at ILTA?

·        What do you predict will be three key technology-driven changes in law over the next 24 months, based on what you saw at ILTA?

·        With regard to social media, it looks like Mary is a believer. I noticed you were Twittering from ILTA. What was that about?

·        What did you think of Richard Susskind's presentation?

·        How are firms implementing these changes?

Read full text

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

Posted by Jim Calloway: "I got a chance to meet Gerry Riskin and hear him speak last week. As many of you know, Gerry is a principal of Edge International and shares his wisdom with us through his Amazing Firms, Amazing Practices blog.

Gerry discussed Social Media as it related to the legal profession. Social Media suffers in our legal community by its name. It sounds more like a dating service or chat service than something a hard-nosed lawyer would have time to deal with. Gerry showed us a video that I'd like to share with you. Please trust me not to waste your 4 minutes and 33 seconds. It is a great video with good production values. But it is full of the kind of statistics that a good lawyer would use to prove a case. Be sure and view it in full screen mode."

[Go to the source link below to view the video]

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

Source: Jim Calloway's Law Practice Tips Blog, 21 October 2009

In the news: "For having deceived Hades, the Greek god of the Underworld, Sisyphus was condemned to roll a heavy rock uphill, only to witness its descent after each day's labor -- the ultimate expression of the absurd. For lawyers, writes psychotherapist and professional coach James Dolan, it is all too easy to develop a sense of futility and the absurd in a world of seemingly arbitrary judges, unethical opponents, and dishonest parties and partners. Is the solution for frustrated lawyers to stop rolling their rock?"

Read full text

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

Posted by Bruce Carton: "As a law student learning trial practice, and later as a young lawyer, I recall being instructed numerous times about "Rule 1," i.e., "When the judge agrees with you, stop talking!" Actually, I recall a couple of other commandments characterized as "Rule 1" -- "Get paid;" and "If anyone is going to jail make sure it is not you" -- but the "stop talking" rule was constantly reiterated through the years.

On his Simple Justice blog yesterday (via Anne Reed), Scott Greenfield offered perhaps the most startling reminder of the importance of Rule 1 that I've ever seen. It is a story, he writes, "of such abject stupidity that it can't go unnoticed." In short, as reported by the Whidbey News-Times, a woman named Patricia Sylvester was on trial last week on a vehicular assault charge in connection with a head-on collision that left a man with a collapsed lung and three fractured ribs. The woman was "crying and visibly shaking" as the jury filed in to deliver its decision: "not guilty." Sylvester and her supporters in the audience reportedly cried tears of joy.

At that point, Rule 1 should have been firmly in place for Sylvester and her counsel, but for whatever reason, her attorney requested the court to "poll the jury." And that is when the confusion began.

As Greenfield writes,

In the ordinary course of affairs, the defense lawyer will request that the judge poll the jury following the verdict. That's because, in the ordinary course of affairs, the verdict is guilty. By polling the jury, with your eyes firmly fixed on those of each juror, staring intently and transmitting your telepathic message to speak out, tell the court that you don't agree with the verdict, let the world know that the verdict is wrong, you give the defendant one final chance to break free of the conviction. No, it doesn't work very often, but hope springs eternal.

But here, the verdict was "not guilty." That's "not guilty," as in case closed, defense wins, everybody gets to go home and celebrate. Not ... frigging ... guilty.

Unfortunately for Sylvester, the first juror polled said she did not agree with the verdict, which required the jury to go back into deliberations. The jury then went on to convict Sylvester of the lowest count. As Greenfield puts it, her counsel "seized defeat from the jaws of victory."

Bottom line? Always obey Rule 1."

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

Source: Legal Blog Watch, 22 October 2009

Posted by Mark Bennett: "An evolving list:

Rule Zero

1. The Nike Rule.
2. The  Blind Date Rule.
3. The Shrek Rule.
4. The 90/10 Rule.
5. MacCarthy's Bar Rule.
6. Improv Rule I.
7. Improv Rule II.
8. The Shrink Rule.
9. The Beer Pong Rule.
10. The Marathon Rule.
11. The Playing Doctor Rule.
12. The Field Trip Rule.
13. The Undertow Rule.
14. The Atticus Finch Rule.
15. The Bat Rule.
16. The Herd Rule.  

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

Source: Defending People, 25 July 2009 [Hat tip to Evan Schaeffer at The Trial Practice Tips Blog]

Posted by John Heckman: "Sharon Nelson's blog reports on an attorney who takes documents to court on his Kindle DX (the larger format version) and uses Kindle to show them to the Judge - with no objections so far.  It is fairly easy to upload a PDF file to Amazon and have them put it on your Kindle. I have done this with one or two documents and it works fairly well. There are a few more formatting errors than with a native Kindle book, but the result is quite acceptable.

This would also be an easy way for, say, a consultant to take the manuals for various programs with him on a Kinde.

Even better would be a reading device that would integrate with a Document Management System and would let you download directly to it from the DMS. You might even be able to mark up the documents and then upload them back up to the device. At the rate that readers are multiplying, we may yet see this."

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

Source: Does It Compute? 19 October 2009 

From the site: "In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Joe DeMarco, Partner with DeVore & DeMarco LLP and Jason Paroff, Senior Director of Computer Forensics Operations at Kroll Ontrack to discuss a recent case from the Ninth Circuit Court of Appeals, United States v. Comprehensive Drug Testing, Inc. Mr. Demarco and Mr. Paroff will take an in-depth look into the court's analysis, including the potential impact on law enforcement agencies who conduct investigations where digital evidence is at issue. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in United States v. Sensient Colors, Inc.

Podcast: Play in new window | Download (right click, save as) (Duration: 35:42 -- 26.0MB)

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

Source: Legal Talk Network, 22 October 2009

Posted by StephanieWestAllen: "Excerpt:

So what about rainmaking -- or "client development" in the more antiseptic law-firm parlance -- is so risky? We're not entirely sure. But here's a thought: Bringing in business -- at least in its rawest form -- involves a bit of gladhanding and salesmanship, which, yes, isn't always going to work. So the risk is that such efforts will fail, something that lots of lawyers just don't have the stomach for.

Click to read the rest of Do Law Firm Associates Fear Rainmaking? (Wall Street Journal Law Blog)."

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

Source: idealawg, 21 October 2009

Posted by Patrick J. Lamb: "In this space, I've discussed the "4-bucket" theory of law (process, content, advocacy and counseling), and I was visiting with a law school colleague of mine about the missing elements of legal education.  I indicated that the single biggest missing element is knowledge of business, since that missing knowledge bears not only on understanding the business of your firm, be it your own or someone else's, but the business of the profession, and finally, and most acutely, the issues your client is confronting.  For those just starting law school, the answer probably is a joint MBA/JD program.  But for those  already practicing, here are some resources that might be of assistance:

Manager Tools, a website devoted to business types with podcasts on various management issues

University of the People, and open source web education system with a focus on business

One client advisor suggested The Ten Day MBA.

You can listen to a story on 848, a Chicago Public Radio program, about open courseware.  If you're interested about open courseware, read The World Is Open: How Web Technology Is Revolutionizing Education."

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

Source: In Search of Perfect Client Service, 15 October 2009

From the site: "Will lawyers ever move past the ever-present legal pad as their most trusted tool for practicing law? Tablet PCs have been around for quite a while, but lawyers are now using iPhones, iPod Touches and other devices with touch screens. Are the days of the paper legal pad numbered? In this episode, co-hosts Dennis Kennedy and Tom Mighell discuss whether lawyers will ever embrace touch technologies.  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 in new window | Download (right click, save as) (Duration: 27:48 -- 27.8MB)

Related Podcasts

July 20, 2009 -- Email Etiquette 2.0

June 22, 2009 -- Lawyers and Smartphones

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

Source: Legal Talk Network, 21 October 2009

Posted by Adrian Lurssen: "We're pleased to announce our new iPhone application, which allows lawyers and legal professionals to reach mobile users with the content they upload on JD Supra.

Our 'Legal Edge' iPhone app streams by subject all of the latest alerts, articles, newsletters, blog posts, court filings, and other legal content uploaded to JD Supra. Subjects include immigration, bankruptcy, real estate, banking & finance, tax law, insurance, intellectual property, and law marketing, among others.

Available for free download at the iTunes store, the 'Legal Edge' app allows iPhone users to browse legal news by any subject of interest and to read documents in the phone's Safari browser or PDF reader..."

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

Source: JD Scoop, 14 October 2009 [Hat tip to Dennis Kennedy!]

Posted by Penelope Trunk: "Everyone knows that the best way to get a job is to leverage your network. And almost everyone knows that social media is a great way to build your network.

But many of you are making lots of social media mistakes. I know because so many people tell me that social media is a waste of their time. They're wasting their time, and continuing to make mistakes, because there's a set of common lies that people believe about social media. Here are those lies:

Lie #1: LinkedIn is for networking...

Lie #2: Twitter is for conversation...

Lie #3: Blogs are personal journals...

Lie #4: Social media is no place for business...

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

Source: Penelope Trunk's Brazen Careerist, 21 October 2009

Posted by Jim callow: "Every now and then you get backed up. In my world right now, it is having too many things you would like to blog about when I have three or four major papers due in the next few days. My friend Dennis Kennedy dealt with that problem by starting a Dennis Kennedy Microblog. Well, I'm not ready to go there yet. But today I am going to try a microblogging exercise as I clean out my "to blog about" box and also pass along several interesting things that I learned about today. So hang on for today's tech news and tips with a load of links for you to follow, if you desire.

Lifehacker's Exhaustive Guide to Saving Your Smartphone's Battery

Ben Stevens gives us 20 Tips for More Efficient Google Searches

Oh, boy. iPhone users will soon be able to make free calls with Skype

Google Blog: Quickly View Formatted PDF's in Your Search Results (like the IRS online forms)

Technology Enables New Work-Life Norms

YouLaw: If Pixar Created a Law Firm Video

Why Companies Are Switching From BlackBerry To iPhone

ABA TECHSHOW Blog: 5 Great Feature Enhancements to Expect in PowerPoint 2010

Larry Bodine's Checklist for Law Firm Associates

Dan Pinnington: Lawyers as Targets of Fraud: The Common Misconceptions

Ethics of Metadata Comparison Chart Updated to Include Vermont"

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

Source: Jim Calloway's Law Practice Tips Blog, 8 October 2009

In the news: "When files squeeze in on deadline and the table of authorities and contents undergo last-minute updates, all manner of mayhem ensues, as tables fall apart and page numbering shows up incorrect. Consultant Sue Hughes helps you understand why tables fall apart and how to fix them." 

Topics include:

TABLE OF AUTHORITIES TEXT

TOA TABLE FORMATTING

PAGE NUMBERING IS OFF

TEST YOUR TABLE FIRST

CIRCUMVENTING THE UPDATE

GENERATING THE TABLE OF CONTENTS

Read full text

Source: Law.Com's Daily Legal Newswire. 22 October 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>

Posted by Joe Hodnicki: "Windows 7 officially launches today. If you're interested in making the switch, the price is $319 for Windows 7 Ultimate, and $299 for the Professional version ($219 and $199 for the upgrade, respectively). Windows 7 Home Premium will set you back $199, and an upgrade from either Vista or XP will cost you $119. Confused about the various Windows 7 editions? Check out Wikipedia's comparison chart.

Reviews Aplenty. Here's Cnet's Which Windows 7 is right for you? and Cnet's review of Windows 7 (Professional). See also Woody Leonhard's The pros and cons of switching to Windows 7 (Windows Secrets Newsletter).

Bigger than Harry Potter. Windows 7 is the biggest grossing pre-order product of all time in the UK on Amazon.co.uk. Of course, you can also buy the new OS at Microsoft Store which in now selling computers and third-party software as well. Microsoft is also opening its first brick-and-mortar store, in Scottsdale, AZ. Consumers have been slow to buy computers in the recession. But with the launch of Windows 7, PC makers are aiming to reverse that trend. See the WSJ's But in PCs, Windows 7 Is the Spoiler."

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

Source: Law Librarian Blog,  22 October 2009

Posted by Nicole Garton-Jones: "Like everyone else, lawyers want to make the most out of the finite time, energy and resources available to them. Lawyers in private practice in particular often experience significant demands on their time. They face regular deadlines imposed by others without regard to their other time requirements, and often multiple clients require something to be done at the same time. There are regular interruptions during the work day via email, phone and fax. And, there is always something more to do on a client's behalf - one more witness to interview, one more case to read, one more clause to add or edit ...

How is a lawyer to juggle all the balls in the air, serve multiple clients well and maintain some semblance of personal sanity? We could look to teachings of two popular productivity gurus, David Allen (Getting Things Done) and Tim Ferriss (The Four Hour Work Week), both of whom are well known in the technology community. They each have valuable tips to offer lawyers who hope to enhance effectiveness, reduce stress and accordingly improve the enjoyment of their work lives.

Read more...

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

Source: Slaw.ca, 19 October 2009

Posted by Nerino Petro: "I am still shocked that a large number of attorneys don't see the value in having their own internet domain name to use for their email address. Even if you don't have a website yet, you need to find a domain name that ties in with your branding efforts, register it and get at least an email account that uses it..."

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

Source: Nerino Petro's Compujurist, 19 October 2009

Posted by Mark Bennett: "Recurring newbie lawyer question on criminal defense listservs:

"Does anyone have a conflict of interest waiver form they can share?"

...

Avoiding conflicts of interest is a good idea. One good way to avoid conflicts of interest is not to represent codefendants, people charged with crimes arising out of the same facts.

...

Problem 1: the lawyer can't possibly know at this point that there will be no conflict of interest...

Problem 2: aside from the potential conflict between the clients, there is a second potential conflict of interest here: that between the lawyer and both clients...

Problem 3: for that reason, before signing a waiver of conflict, each client should have the advice of a lawyer who has no conflict of interest...

A waiver of conflict is valueless. If no conflict emerges, it's a waste of paper; if a conflict emerges, the lawyer has to get off the case anyway.

One of the good things about federal court is that federal judges (at least here in the Southern District of Texas) won't countenance a lawyer representing codefendants.

I've turned down a lot of lucrative cases because of potential conflicts of interest. (I've also made a few of my fellow lawyers very happy with lucrative referrals.) I like a good fee as much as the next lawyer does, but still my advice to the newbie lawyer looking for a conflict of interest waiver form is this: don't do it."

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

Source: Defending People, 13 October 2009

Posted by Paul Luvera: "Today I'd like to share with you my personal views about plaintiff trials that I sent recently to a great trial lawyer as an agenda for discussion between us. I hold these views strongly, but there are many ways of conducting a trial and that doesn't make mine more accurate then another view point. Perhaps something in this memo will assist you to arrive at a viewpoint that is comfortable for you.

1. I don't like maximum high and minimum low...

2. You know I don't like friendly chitchat, good old boy relationships with opponents at trial...

3. I believe direct and cross must be short, simple and to the point...

4. I think the trial should be a reptile trial and I am absolutely convinced you cannot mix a reptile trial and a complex...

5. In general, details make a case complex and complex cases go to the defense...

6. Unless you are experienced and committed to big picture trials, you must develop a specific game plan before trial as to exactly what your reptile message is, and you will present it at each stage...

7. You should review the red book and reptile book carefully and not assume you then know all of it...

8. Most important, our trials must be focused and limited to this approach. We should not just wing it and start talking because we all talk entirely too much and we are very boring people to jurors and judges...

9. We need to change our attitude about experts...

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

Source: Plaintiff Trial Lawyer Tips, 14 October 2009

From the site: "On this special edition of In-House Legal, Susan Hackett, Senior Vice President and General Counsel of the Association of Corporate Counsel (ACC), explores important issues to in-house lawyers and to the outside counsel who provide services to them with two high profile guests.  In the first segment, Susan welcomes David M. Dresden, a law department executive for McDonalds, to discuss the successful, global in-house management of legal services across country borders. In the second segment, Susan is joined by Jeffrey W. Carr, the Vice President, General Counsel and Secretary of FMC Technologies , to discuss his innovative approach to managing in-house staff and outside counsel costs using performance metrics that reconnect value and cost. And you'll hear about the new ACC Value Index, designed to help in-house counsel establish an online database for ACC members to share information and rate the firms they believe provide their clients with the greatest value.

Podcast: Play in new window | Download (right click, save as) (Duration: 24:37 -- 16.8MB)

Related Podcasts

• October 6, 2009 -- Capturing Metrics for In-House Legal
• January 13, 2009 -- The Value Challenge Initiative

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

Source: Legal Talk Network, 20 October 2009

Posted by Rick Borstein: "Yesterday, Adobe released the Acrobat 9.2 update.

You can get the update by going to the Help--> Check for Updates or at the following locations:

Windows Updates
Mac Updates

We recommend that all Acrobat 9 users update.

Acrobat 9.2 includes security updates, but also some fixes to some bugs that affect legal professionals in the areas of Redaction and Bates Numbering.

Read on for a link to the release notes and a brief overview of some of the fixes...

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

Source: Acrobat for Legal Professionals, 14 October 2009

Posted by David Bilinky: "One morning I walked into the office only to be greeted by the "blue screen of death" on my office IBM Lenovo. Whatever had caused the crash had also corrupted the database of one of my most treasured applications. A couple of hours later I gave up and called IT in to try and fix things - who said (of course) that they would need my laptop "for a couple of hours"; but we can give you a loaner to use. I said: "Don't bother... I have my MacBook."

With the release of Snow Leopard, the latest version of Apple's operating system for the MacIntosh, my MacBook just got better. Unlike Microsoft's recent release of Vista, this latest release of the operating system is not only faster that its predecessor, it is also smaller. OK you say - Windows 7 is coming out and it will be a fairer comparison to Snow Leopard.

But really I think the real competition is not between Windows 7 and Snow Leopard. It is between Macs running Snow Leopard and Netbooks running Windows XP Home. Reason? IT departments will by and large continue to implement Microsoft's operating system and stay with the devil they know - hence PC's will continue to hold the lion's share of the corporate market. In my view, the real battleground will be over the devices that are portable and which lawyers buy for themselves. And that is where Macs will be up against Netbooks...

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

Source: Thoughtful Legal Management, 15 October 2009

Posted by Ron Friedmann: "Sometimes answers just fall into your lap unexpectedly. That happened to me today about Twitter.  

I attended a lunch today of local legal knowledge management professionals. We meet monthly and at our last meeting, Twitter came up. One thing led to another I agreed I would demo Twitter today. After a quick orientation to Twitter, I said "Let's see if we can find the answer to a key question about Twitter using Twitter" so I Tweeted:

• I am at DC Legal KM lunch demo'ing Twitter. Any comments on the single best reason to use Twitter?

Within the space of about five minutes, I received the following replies on Twitter. Both the substance of the answers and the fact that I got so many answers so quickly was quite a good demo of the potential value of Twitter:

• CarlJacobsen Best thing about twitter is the unexpected. I love the serindipity nature of it - finding things I never knew I didn't know
• jeffrey_brandt Its a great resource for whats happening, stimulating questions and links to more indepth information
• IntegreonEDD Twitter is a great medium for building relationships with other people and organizations that share like interests
• stevematthews Best twitter use is asking questions & getting answers from those you choose to follow. A personal advisory board.
• KMHobbie 1 Replace Google Reader as the best way to find the good articles on #km in law and business. 2 Make nice with @VMaryAbraham.
• bobambrogi Single best reason is to monitor the buzz, see what colleagues are talking about.
• bschorr Colleagues I respect often Tweet articles or ideas that I might otherwise have missed.

In fairness, I explained that not every question I asked on Twitter elicited so many answers so quickly (I think my 'followers' understood the demo circumstances). But I'll let the self-referential nature of this post speak for itself. And also for how one can integrate blogging and Tweeting."

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

Source: Strategic Legal Technology, 20 October 2009

Posted by Paul Luvera: "I previously posted some thoughts about the harmful impression created on the jury by lawyers bickering and fighting with each other in an out of control court room. While listening to public radio in my car http://www.goodradio.org/ I heard a broadcast about being a peaceful parent in raising children. The goal that was discussed was not to harm a child in their mind, heart or body. To raise a child without doing physical harm by any violence towards the child, without doing damage to the mind of the child and without doing damage to the heart of the child by words of put down. During the broadcast a physician was interviewed who used the example from Star Trek. On that TV program when an enemy ship approached. Captain Kirk would say "raise the shields and open a channel" which meant the protective shield was activated while a communication channel was used to contact the other ship. The speaker recommended that we do the same as soon as we sense we are getting angry. He recommended then finding that place of peace within ourselves as we rationally analyze the situation.

I liked the phrase "raise the shields and open a channel" as a mantra to say to ourselves in the situation where the judge or opposing counsel makes us want to lose control in anger. The American Psychological Association has suggestions as well on this issue http://www.apa.org/topics/controlanger.html They recommend deep breathing and relaxing imagery to help calm angry feelings. They suggest the deep breathing should be from the gut and not the shallow kind. They suggest saying to yourself "relax, take it easy" while breathing deeply. They suggest visualizing a relaxing past experience from memory or imagination.

...

Use role reversal. What is this person afraid of? What would make them act this way? How can I help them get around these problems? It is helpful in role reversal to make physical moves. Step back away from the person or if a judge move from your original position to a new one a step or two away. Maintaining a calm voice and calm appearance contributes to actual calmness. We tend to become what we act like.

When the exchange seizes being a power struggle for control and instead becomes a calm appraisal of why the issue is important without personal attack, there is a good chance for success. In the case of a judge, my experience has been that when I demonstrate the fact I am not seeking to control the court room and I exhibit respect for the judge, he or she relaxes and is far more reasonable.

These are just a few of the many examples of how to maintain calmness in your trial practice. Even anger should be applied calmly. Out of control people are people no one respects."

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

Source: Plaintiff Trial Lawyer Tips, 18 October 2009

In the news: "Texting is becoming a means for angry people to harass or threaten others, especially estranged spouses, girlfriends or boyfriends. "I definitely have seen more e-mail and texting harassment cases in the last five years," says a Connecticut victim advocate who experienced it herself."

Read full text

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

Posted by Raymond Ward: "Law professors, judges, and practicing lawyers have one thing in common besides a law degree: All of us write. And in writing, we often borrow from the writings of others. Indeed, a certain amount of borrowing is permissible--even expected.

At what point does borrowing cross the line into plagiarism? Professors Carol Bast and Linda Samuels tackle that question in their article, Plagiarism and Legal Scholarship in the Age of Information Sharing. Although the title suggests that the article is directed toward academia, it also addresses plagiarism issues in judicial chambers and law firms. If you write anything, and if you want to avoid accusations of plagiarism, then you should read it."

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

Source: the (new) legal writer, 14 October 2009

In the news: "Five years ago, Roderick Palmore wrote "A Call to Action" -- a pledge signed by GCs at some of the country's largest corporations to make diversity a major consideration in their selection of outside counsel. Diversity efforts across the legal profession mushroomed, but real progress has been painfully slow. A sample of diversity advocates, law firm partners, GCs and law school leaders generally agree that the legal profession needs to make deeper, more collective changes to jump-start the stalled diversity movement."

Topics include:

STALLED RESULTS

FEWER AT THE TOP RUNGS

DASHED EXPECTATIONS

RECRUITING PATTERNS HURT NUMBERS

REASON FOR HOPE

CHARTS FROM 'THE NATIONAL LAW JOURNAL'

Read full text

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

Posted by Chuck Kallendorf: "The Indiana Supreme Court addressed a "novel question" last Thursday in ruling that prosecutors properly introduced electronic evidence from an accused murderer's MySpace page. ( Case )

The defendant had contended that the trial court abused its discretary authority when it admitted evidence of his MySpace postings, claiming it was inadmissible character evidence, citing Indiana Rule of Evidence 404(b). The Court, however, concluded the admission was proper, because "evidence is excluded under Rule 404(b) when it is introduced to prove the 'forbidden inference' of demonstrating the defendant's propensity to commit the charged crime," [ Camm v. State, 908 N.E.2d 215 (Ind. 2009)]. Further, the Court said, "Otherwise inadmissible evidence may be admitted where the defendant opens the door to questioning on that evidence. [ Jackson v. State, 728 N.E.2d 147 (Ind. 2000)]. The door may be opened when the trier of fact has been left with a false or misleading impression of the facts."

Law enforcement authorities in recent years have increasingly used social networking sites and Internet service providers to introduce evidence in more common cases, such as assault, battery and murder, Marc Zwillinger, head of the Internet, Communications and Data Protection Group at Sonnenschein Nath & Rosenthal, said in a Law.com article this morning..."

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

Source: Cincinnati Law Library Blog, 19 October 2009

Posted by Michael Santerre: "As part of National Cyber Security Awareness Month, we'd like to take this opportunity to remind you about smart password practices. Help ensure you're protecting your computer, website, and personal information by checking out our security series on the Google blog or visiting http://www.staysafeonline.org.

Phishing, a topic that's been in the news, is unfortunately a common way for hackers to trick you into sharing personal information like your account password. If you suspect you've been a victim of a phishing attack, we recommend you immediately change your password, update the security question and secondary address on your account, and make sure you're using a modern browser with anti-phishing protection turned on. Keep an eye out for the phishing warning Gmail adds to suspicious messages, and be sure to review these tips on how to avoid getting hooked.

Creating a new password is often one of the first recommendations you hear when trouble occurs. Even a great password can't keep you from being scammed, but setting one that's memorable for you and that's hard for others to guess is a smart security practice since weak passwords can be easily guessed. Below are a few common problems we've seen in the past and suggestions for making your passwords stronger.

Solution 1: Use unique passwords...
Problem 2: Using common passwords or words found in the dictionary...
Solution 2: Use a password with a mix of letters, numbers, and symbols...
Problem 3: Using passwords based on personal data...
Solution 3: Create a password that's hard for others to guess...
Problem 4: Writing down your password and storing it in an unsecured place...
Solution 4: Keep your password reminders in a secret place that isn't easily visible...
Problem 5: Recalling your password...
Solution 5: Make sure your password recovery options are up-to-date and secure..."

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

Source: Official Gmail Blog, 6 October 2009

 Posted by J. Benjamin Stevens: "Do you know whether your e-mail client uses POP (Post Office Protocol) or IMAP (Internet Message Access Protocol)?  You should, because IMAP is vastly superior to POP, and you should consider the following reasons that you should switch today:

1. Avoid webmail outages :: Users who connected to their web-based email accounts (such as Gmail) using IMAP can continue to retrieve their mail as usual even if the web-based email platform goes down.
2. Switch clients or platforms painlessly :: You can move effortless from one program to another without having to export / import messages and risk losing messages or the metadata attached to them.
3. Read all your mail on multiple devices :: For people who must use a variety of devices or operating systems, IMAP lets you see exactly the same data - including saved, filed, and sent messages - on every device.
4. Keep an extra copy of your messages :: The fact that IMAP gives you both local and server-based copies of each message can help you avoid data loss.  

[His] Source: "Four reasons to switch to IMAP" by Joe Kissell, published at Macworld.com."

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

Source: The Mac Lawyer, 20 October 2009

Posted by Adam Freedman: "Episode 101: Monday, October 19, 2009

Play Download Subscribe

Topics discussed include:

What to Do if You Are Pulled Over for DUI

 Is it Illegal to Drink and Text While Driving?

Can You Refuse a Breathalyzer Test?

Are Mandatory Breathalyzer Tests Unconstitutional?

Can You Demand a Breath Test Over a Blood Test?

Are Police Allowed to Give You Multiple Breathalyzers?"

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

Source: Legal Lad, 19 October 2009

Posted by StephanieWestAllen: "Excerpt:

The chart below shows that Baby Boomers will cede the majority of the workforce by 2015 to the Millennials. (Due to their smaller size, Gen X will never have the majority spot in the workplace -- and so in essence, we will have skipped an entire generation by 2015.) When you consider the changes in the amount of knowledge available at our fingertips, the advent of social technologies, and the expansion of the global economy over those two generations, a workplace chasm could be emerging. What will this mean for how employers attract, develop and engage employees across multiple generations?

Click to read the rest of Are You Ready to Manage Five Generations of Workers? (Harvard Business Publishing blog)."

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

Source: ideablawg, 17 October 2009

Posted by Tom Kane: "In my early lawyering days as an assistant attorney general in North Carolina, I had the privilege of having one of the best, most efficient secretaries possible. (I even tried to get her fiancée a job in town, so they wouldn't move out of state after the wedding. He "suggested" nicely that I mind my own business.) I had one problem with her, however. Whenever I would use the word "we", she would kid me by saying something like "what do you mean we kimosabe? It's your job, and I'm just here to do your typing" (on a real typewriter, if anyone remembers what they looked like).

I got that flashback when I saw the article over on Automatic Referrals suggesting the use of "we" over "I" when seeking referrals. Man, did old Silver rein in on that one.

The point is a good one, however, especially when I think about lawyers I know who are shy, and would hesitate to do anything so bold as to ask someone to refer work to them. The article states that a lot of professionals don't ask for referrals because they don't want to appear desperate for work, or unsuccessful, or needy.

So, the article suggests using "us", "our" and "we" (as in your law firm can do or offer...) in ways that "takes the emphasis of the conversation off of you..."

But, "we" need to keep this to ourselves. I'd hate for my former secretary to think I didn't learn my lesson after all these years."

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

Source: Legal Marketing Blog.com, 15 October 2009

Posted by Julie Fleming: "One-on-one meetings with individuals offers one of the best opportunities for business development, and attending organizational meetings and networking opportunities gives you the chance to meet a lot of people in a short time.  That's ideal - if you're meeting the right people.

How can you identify the right organizations for your purposes?  First, refresh your recollection of your ideal clients and referral sources, and then check (Read the rest of the entry...)

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

Source: Life at the Bar, 12 October 2009

In the news: "Richard Susskind, the author of "The End of Lawyers?," says that in the future, corporate attorneys who embrace emerging technologies and novel ways of sourcing legal work will continue to be successful, while those unwilling to change will struggle to survive. Susskind predicts that there will be five types of lawyers in the future: expert trusted advisers and enhanced practitioners, who will look much like contemporary lawyers, to be joined by legal knowledge engineers, legal risk managers and legal hybrids."

Read full text

Source: Law.Com's Daily Legal Newswire. 19 October 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

New on LLRX: Competitive Intelligence - A Selective Resource Guide - Updated and Revised

Posted by Sabrina Pacifici: "Competitive Intelligence - A Selective Resource Guide - Updated and Revised October 2009: Sabrina I. Pacifici's completely revised and updated pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a "best of list" of web, database and email alert products, services and tools, as well as links to content specific sources produced by government, academic, NGOs, the media and various publishers. 

New on LLRX: Legal Implications of Cloud Computing - Part Two (Privacy and the Cloud)

Posted by Sabrina Pacifici: "Legal Implications of Cloud Computing - Part Two (Privacy and the Cloud): As a follow-up to last month's article that provided an overview of cloud computing in the context of significant legal issues, this article by Tanya Forsheit reviews the issues of privacy and cross-border data transfers. 

New on LLRX: Using Technology To Estimate, Control And Manage Litigation Document Review Budgets

Posted by Sabrina Pacifici: "Using Technology To Estimate, Control And Manage Litigation Document Review Budgets: Conrad J. Jacoby details approaches and exercises that contribute to a successful process for calculating - and staying within - a realistic budget for a litigation or regulatory document review." 

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

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 18 October 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

From the site: "West, part of Thomson Reuters, has announced that 30 of their titles will be available for the Amazon.com Kindle.

As electronic book readers increase in popularity with students and professionals, West is making nearly 30 of its titles available for electronic download for the Amazon Kindle. The addition of electronic versions of selected titles allows West to meet the needs of law students, law school faculty and legal professionals who are increasingly using new electronic media in the classroom, on the job and for personal use.

You can learn more and review the 30 titles via this news release.

[Their] Source: West (via PR Newswire)

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

Source: ResourceShelf, 8 October 2009

From the blog: "Looking for a list of iPhone or Blackberry apps that are lawyer-friendly? The American Bar Association has you covered, with this list of applications perfect for legal professionals.

From Heafy Headnotes"

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

Source: Moritz Legal Information Blog, 16 October 2009

Posted by Joe Hodnicki: "In What Problems Does Google Wave Solve, Daniel Tanner writes "I believe that people who don't see what Google Wave [Wave's About Page] is for are simply looking at it from the wrong angle. ... It's not a geek/hacker tool or a social media tool." Google Wave is built for the corporate environment. "Google calls wave an 'online tool for real-time communication and collaboration'" writes Tanner. "The way Google should have advertised Wave is: 'it solves the problems with email.'" Which problems? Tanner identifies seven:

• Collaborating on a piece of text
• Adding new people to the conversation
• Keeping added people added
• Attaching files
• Multiple conversation branches
• Small corrections
• Email to IM to Email

Even at this very early stage in Wave's development, Tanner thinks it is an excellent tool. Hat tip to Beyond Search."

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

Source: Law Librarian Blog, 18 October 2009

Posted by Allison Shields: "Kevin O'Keefe of Real Lawyers Have Blogs wrote a post yesterday entitled, "How to make your law blog trashy and salesy," in which he likens some advice given to legal bloggers to late night infomercials. He bemoans sales tactics that make lawyers appear less like professionals and more like used car salesmen. He laments that few lawyers seem to approach the law as a profession - and a respected one at that. 

Yesterday, I wrote about marketing tactics that may be seen by your potential clients as too 'in your face' or salesy, and I suggested that you may want to review your own marketing methods and messages from your clients' perspective to determine whether you're turning away potential business without even knowing it. So I can see where O'Keefe is coming from - to a point.

I certainly agree that lawyers should act as professionals and that the best way to get business is through a great reputation and referrals from others. And I wholeheartedly agree that there are some lawyers whose marketing tactics (not to mention their marketing messages) resemble the tactics of carnival barkers, are unprofessional and unflattering to lawyers as a whole. But I can't agree that the specific strategies that inspired O'Keefe's post are unprofessional or that, if used properly, they would turn off any but the most sensitive potential clients.

At the beginning of O'Keefe's post, he references a post from the Legal Practice Pro blog by Jay Fleischman, a bankruptcy lawyer and legal marketing consultant, entitled, "Why Law Firm Blogs Fail as Legal Marketing Tools."  Fleischman's post advises lawyers to make sure that they post contact information prominently on their blogs to make it easy for readers and potential clients to contact them. He also suggests placing a 'call to action' at the end of each blog posts to guide readers and suggest a next step, such as subscribing to an RSS feed or signing up to receive a newsletter. It is these suggestions that inspired O'Keefe's post.

I'm no fan if "in your face" marketing, as yesterday's post attests, but Fleischman's suggestions don't rise to the level of suggesting at the end of a trial that jurors contact you if they or their family members are involved in a similar situation, or shouting out your telephone number at a networking meeting.

When considering whether your own marketing methods or messages might alienate others, consider your target audience, your method and the context in which the message is being conveyed. While it may be rude and unprofessional to shout your telephone number during a networking meeting, it certainly wouldn't be considered unprofessional or overly salesy to give your business card to an individual who expresses an interest in or a need for your services.

Lawyers who write blogs provide valuable information to the public, including potential clients. Readers of those blogs are looking for information on a particular topic or practice area, and may be in the process of seeking legal counsel or deciding whether they need legal counsel in the first place. Providing contact information so that readers can seek further information directly from the lawyer, or directing readers to additional information on the same topic, via an RSS feed or a newsletter subscription is not only good business, but it provides added value for the reader. Those who aren't interested will either simply click away or will not read the blog post in the first place.

...

In contrast, putting contact information prominently on your blog (which O'Keefe himself does) and creating a relevant suggestion or call to action at the end of a blog post makes information readily available to readers when those readers determine that they want more information. Forcing readers to seek information about you through Google or other web searches creates more work and extra steps for the reader - steps they may never take. Since the blogger can't possibly know each reader individually, how well versed they are in the subject matter or where they are in the buying process, the smart move is to make the information available at the point at which the reader is engaged. 

One final point - O'Keefe notes that some of the legal bloggers in his network do have contact information on every page of their blog, but he says, "[T]hat's not the reason they are getting clients from blogging." Of course not - but the point is that those who don't have this information readily available may well be losing potential clients.

Make it easy for your clients to contact you or to access additional information that might be of value to them. Failing to do so may be a missed opportunity."

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

Source: Legal Ease Blog, 15 October 2009

By Neetal Parekh: "Did you know that your firm is sending out a message without even realizing it.  It is through your online presence.  Whether your firm has invested heavily in building a web presence or if you are new to the scene, you can tune into this webcast to find out how to stand out from the crowd and attract qualified clients through improving online marketing and enhancing the firm's website

.

When: Tuesday, October 20th 2009.  11:00AM CDT, 3:00 PM CDT

Location: Online

Length: 1 hour

Cost: Free!

The topics that will be covered in the webinar include:

• Best practices for creating a powerful law firm brand
• finding highly qualified candidates to meet your firm's specialty
• How to leverage latest trends in search engine optimization
• How to shift from print directories to online search

And the speakers:

James H. Chalat and Linda J. Chalat, of Chalat Hattan & Koupal, will lead you through the workshop.

Attend to find out more...and don't forget to register!

Register here for the 11AM CDT time slot

Register here for the 3PM CDT time slot

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

Source: FindLaw Technologist, 15 October 2009

Posted by Chuck Kallendorf: "Courts of "original jurisdiction" are those having priority over other tribunals to decide a case; Black's Law Dictionary defines an "intervenor" as "one voluntarily entering a pending lawsuit because of a personal stake in the outcome." That clear cut it's presumably not always...

A Law.com article this morning reviewed one such matter in one of last Tuesday's Supreme Court's hearings, but "during oral arguments in a water dispute between two states that came to the Court under its "original jurisdiction" over conflicts between states, discussion of the issues led the justices into some broader questions about the nature of original jurisdiction cases and the role of special masters appointed by the Court to assist in their adjudication."

The case, South Carolina v. North Carolina, involves a dispute over the apportionment of water from the Catawba River, which flows between the two states, the article says, but the issue now before the justices is whether three non-state parties - the City of Charlotte, an interstate water supply organization, and a hydroelectric power company-- may join as interveners in the case. A special master appointed by the Court to oversee fact-finding in the case recommended that the parties be allowed to intervene. South Carolina, supported by the U.S. Solicitor General's office, is appealling that recommendation, citing the Supreme Court's standard set forth in New Jersey v. New York in 1953 that "intervention by a non-state entity is proper only when the putative intervenor demonstrates (1) a 'compelling interest in [its] own right,' (2) 'apart from [its] interest in a class with all other citizens and creatures of the state,' (3) 'which interest is not properly represented by the state.'"

ScotusBlog has more.

Special Master Kristin Linsley Myles' report
Transcript of oral arguments

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

Source: Cincinnati Law Library Blog, 15 October 2009

Posted by Robert J. Ambrogi: "A report to be released today says that most U.S. states do not adequately protect the rights of abused and neglected children, most notably by failing to provide these children with appointed counsel to represent their interests.

The report grades each state and the District of Columbia on how well they protect the legal rights of abused and neglected children in juvenile court proceedings. Only two states earned a grade of A+: Connecticut and Massachusetts. Twenty-nine states were given grades of C or lower. The lowest grade of F was given to seven states: Delaware, Florida, Hawaii, Idaho, Indiana, Maine and North Dakota.

The peer-reviewed study, "A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children," was conducted by two child-advocacy organizations, First Star and the Children's Advocacy Institute at the University of San Diego School of Law. The full report is scheduled to be released today at 1 p.m. in a news conference at the U.S. Capitol Building.

In addition to the grades mentioned above, the report graded other states as follows:

A: Iowa, Louisiana, Maryland, Mississippi, New Mexico, New York, Oklahoma, Vermont and West Virginia.

B: California, Kansas, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas and Wyoming.

C: Alabama, Alaska, Arkansas, Colorado, Michigan, Minnesota, Montana, Nebraska, Nevada, South Carolina, Utah, Virginia, Washington, D.C., and Wisconsin.

D: Arizona, Georgia, Illinois, Kentucky, Missouri, New Hampshire, South Dakota and Washington.

Key factors the study looked at in assigning grades were whether state law mandates the appointment of attorneys for children in dependency proceedings; whether these attorneys represent the children in a client-directed manner; whether the representation continues throughout the case, including appeal; whether states provide attorneys with specialized training; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children.

As of this writing, the full report is not yet available online. This announcement says it will be available later today at the Web sites of both of the report's sponsoring organizations."

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

Source: Legal Blog Watch, 15 October 2009

From the site: "Attention bloggers: The Federal Trade Commission approved new Web guidelines pertaining to "Guides Concerning the Use of Endorsements and Testimonials in Advertising." The FTC wants bloggers to disclose free products or payments they have received from companies for reviewing their products.  Co-hosts and attorneys J. Craig Williams and Bob Ambrogi welcome Attorney Eric P. Robinson, Staff Attorney at the Media Law Resource Center and Attorney Barry J. Reingold, partner in the Washington D.C. office of Perkins Coie,  to clarify the FTC's new guidelines, look at the ethics of blogging, blogger abuse and how these new guidelines will impact the blogosphere

Podcast: Play in new window | Download (right click, save as) (Duration: 35:16 -- 26.2MB)

Related Podcasts

• October 1, 2009 -- The Red Flags Rule Impact on the Legal Community
• August 7, 2009 -- The State of the Blawgosphere
• July 6, 2009 -- What Technology is Dead Today?
• July 2, 2009 -- Lawyers Advertising on Craigslist
• September 28, 2007 -- Marketing in the Technology Revolution

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

Source: Legal Talk Network, 15 October 2009

In the news: "Transcripts can be tagged with sticky flags and painstakingly summarized on a yellow legal pad, but why not use software to help you manage, annotate and integrate them with other files? According to consultant Brett Burney, TextMap 5 from LexisNexis is the right tool for the job."

Topics discussed include:

TRANQUIL TRANSCRIPTS

SUMMARIZE AND ANNOTATE

REPORTING LIVE FROM THE SCENE

GETTING REAL WITH REALTIME

VIRAL ABOUT VIDEO

SELECTING THE PROPER TOOL

Read full text

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

From the e-newsletter: "Next week, Microsoft is releasing Windows 7, a slick, much improved operating system that should go a long way toward erasing the bad impression left by its previous effort, Vista."

Read more...

Source: FindLaw's Modern Practice: Law & Technology, 15 October 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

From the e-newsletter: "If you are planning on getting married, or are already married and have questions about your current prenuptial agreement, FindLaw's Family Law Center can help -- with a list of "prenup" pros and cons, tips on making sure the agreement is legally valid, sample agreements, and more."

Read more...

Related Resources
• Browse the Family Law Center"

Source: FindLaw's Public Advisor. 15 October 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Gideon Alper: "Many attorneys think they don't need to keep up with laws affecting gay and lesbian rights if their practice doesn't involve those laws.

They're wrong. Here's why:

1. Gay clients like attorneys that understand their unique legal needs...

2. Gay clients are less likely to reduce spending on legal services in a recession...

3. Metropolitan legal centers are more gay than the rest of the country...

4. Gay people are better conduits of social media...

5. Laws affecting gay people impact various practice areas...

Attorneys don't have to be experts in laws affecting gay rights. But they'll benefit from spending a few minutes to follow them as they develop."

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

Source: Gay Couples Law Blog, 14 October 2009 (Hat tip to Collin O'Keefe at Real Lawyers Have Blogs) 

Posted by StephanieWestAllen: "From the press release:

Maritz Learning to Host "The Neuroscience of Selling" Featuring David Rock

David Rock, author of "Your Brain At Work" and partner of Maritz Learning, will host a live Webcast where he explores how applying the latest findings in neuroscience can shorten your sales cycle and improve your close rate.

St. Louis, MO (PRWEB) October 14, 2009 -- David Rock, author of "Your Brain At Work" and partner of Maritz Learning, will host a live Webcast where he explores how applying the latest findings in neuroscience can shorten your sales cycle and improve your close rate. Rock is known for his brain-based approach to coaching, and routinely helps Fortune 500 companies develop leaders, retain talent, improve performance and change culture.

"The Neuroscience of Selling" featuring David Rock will take place on Thursday, Oct. 22, 2009, at 1 p.m. CTS. The one-hour Webcast is free and highly recommended for sales, marketing and human resource professionals, who want to create an atmosphere in which the customer's mind is open to their message. Attendees will also learn how to "sell less" while their customers buy more, by applying neuroscience to improve business results.

To attend this free Webcast, click here."

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

Source: idealawg, 14 October 2009 

By Neetal Parekh: "Did you know that your firm is sending out a message without even realizing it.  It is through your online presence.  Whether your firm has invested heavily in building a web presence or if you are new to the scene, you can tune into this webcast to find out how to stand out from the crowd and attract qualified clients through improving online marketing and enhancing the firm's website.

When: Tuesday, October 20th 2009.  11:00AM CDT, 3:00 PM CDT

Location: Online

Length: 1 hour

Cost: Free!

The topics that will be covered in the webinar include:

Best practices for creating a powerful law firm brand

Finding highly qualified candidates to meet your firm's specialty

How to leverage latest trends in search engine optimization

How to shift from print directories to online search

And the speakers:

James H. Chalat and Linda J. Chalat, of Chalat Hattan & Koupal, will lead you through the workshop.

Attend to find out more...and don't forget to register!

Register here for the 11AM CDT time slot

Register here for the 3PM CDT time slot

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

Source: FindLaw Technologist, 12 October 2009

From FindLaw's  The Practice Paper: For Solo & Small Firm Lawyers 14 October 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe  <http://newsletters.findlaw.com/>.

Posted by Carolyn Elefant: "Years before I started blogging here at Nolo's Legal Marketing Blawg, I was an unabashed fan of Nolo for its pioneer work in providing legal resources to pro se litigants at a time when they had no other alternatives.  Flash forward three and a half decades, and though other self-help resources now exist, Nolo remains out in front both in the variety of offerings and more importantly, quality of material.   

What's more, the self-help trend is growing faster than ever -- and it's not just because the economic downturn is forcing folks to cut back.   Instead, the move towards self-help is at once driven by generational preferences and technological advancements.

...

So why do lawyers need to learn about DIY and self-help trends?  After all, don't self-help options reduce the need for lawyers?  Not necessarily.  In many instances, self-help products for consumers - like Nolo's books and forms - capture a market segment that either didn't want or couldn't afford to hire a lawyer.  In other words, many self-help options help clients who weren't going to hire lawyers anyway.

...

With that goal in mind, what features can you add to your practice to make you more attractive to the independently minded Gen Y'ers, not to mention the kiosk-patronizing consumers who've grown accustomed to the convenience of self service?  Consider the following ideas:

• Start a blog and pack it full of posts related to your practice, such as answering "frequently asked questions" that you hear all the time...
• Write an ebook or special report that can help clients better understand or even solve a basic legal problem...
• Incorporate tools in your practice that makes it easy for clients to help themselves...
• Offer unbundled services virtually...

By helping clients help themselves, you help yourself too.  Because when those self-help client need a full service lawyer, they'll turn to the ones who helped them when they didn't need to."

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

Source: Nolo's Legal Marketing Blog, 11 October 2009

From the site: "In this debut podcast of The Un-Billable Hour, host Attorney Rodney Dowell, Director of the Massachusetts Law Office Management Assistance Program, will look at how attorneys can successfully market themselves and their practice to maximize their success.  Rodney welcomes Attorney Lee S. Rosen, from the North Carolina family law firm, Rosen Law Firm, to discuss the keys to developing a successful marketing program for individual lawyers and law firms.

Podcast: Play in new window | Download (Duration: 25:50 -- 20.6MB)"

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

Source: Legal Talk Network, 14 October 2009

In this issue highlighting marketing articles include:

"Time to Focus on Marketing the Law Firm Again - Chair's Column by Micah Buchdahl

The economic crisis that has gripped the nation has taken a toll on many of lawyers and law firms. The trickle-down effect has hit firms' management teams and limited the ability to grow and nurture practices. What better time than now to differentiate your practice?

Making the Cut: Proactively Managing Your Communications and Media Allotment by Jamie Diaferia and Zach Olsen

Create and demonstrate the value of marketing and public relations programs when they are needed the most.

Marketing Pooling: Jump in with Both Feet or Just Test the Waters by E. Steven Carrington

Legal professionals are being asked to increase marketing efforts while their resources continue to shrink. Consider combining resources with others to get more mileage from your marketing dollars.

A Seven-Step Referral Recognition Program by Nancy Myrland

Client referrals are an essential part of a thriving firm, and there are a few key steps to ensure that you continue to receive them.

Big Marketing Tips for Small Firms by Jamie Mulholland

Your firm may be small, but that doesn't mean your marketing has to be.

Q&A with David Lat of Above the Law: The Complete Interview An interview by Jamie Diaferia

Excerpts of this interview with an ABA Law Firm Marketing Strategies Conference keynote speaker were featured in the September/October issue of Law Practice magazine. Now, read what you didn't see in print.

Ranking the Raters: Making Sense of Attorney Ratings edited by John D. Bowers

Lawyers and the people hiring them can't help but confront the many attorney rankings and reviews out there. These lists are undoubtedly tough to resist: they all appear objective and scientific. So, how do you compare and contrast the lawyer rankers?

Marketing Tune-Up to Keep Business Coming by Sheila M. Blackford

Times are tough. The tough get marketing. Could you use 10 practical ideas to boost your marketing efforts?

How to Make Alternative Billing Part of Your Marketing Strategy by Ed Poll

Satisfied clients are clients who will bring you more work. The best way to satisfy clients with alternative billing is to make it an interactive process.

Meet the Women Rainmakers! Kara Baysinger an interview by Natasha Innocenti

Relationship building comes from gaining clients' trust. Read this first-hand account about how problem solving and establishing trust brings clients in and keeps them coming back."

Join the ABA Law Practice Management Section (LPM) as it presents the 2nd Biannual ABA Law Firm Marketing Strategies Conference. The nation's most comprehensive two-day law firm marketing education comes to Philadelphia, November 12-13, 2009.

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

Source: Law Practice Today, October 2009

Posted by Allison Shields: "Have you ever been turned off by a sales pitch? Have you ever considered that your best potential clients might be turned off by your marketing message or style?

I'm not a big believer in 'best practices.' Different styles and techniques work for different people - and attract different people. Even so, it may be worth examining your marketing approach and your marketing message, particularly if you aren't attracting the kinds of clients you want to work with - or if you aren't attracting enough of them.

Your marketing message needs to resonate with your ideal clients to be successful. If you put yourself in your client's shoes, is there anything about your marketing message that could turn your clients off? Does your marketing message do a good job of informing potential clients not only about YOU and what you do, but about YOUR CLIENTS and how you help them?

Yesterday the subject of the Random Rants 08 blog was Legal Marketers. The author called two specific legal marketers to task for using what the author considered to be objectionable sales tactics to get lawyers to use their services. He cited the use of multiple Twitter accounts, streams sales email messages on LinkedIn, "grandiose" titles and fake offers as some of the tactics that turn him off - and noted that he considers them even more offensive because they are being used by lawyers.

...

Keep in mind, too, that the essence of the lawyer-client relationship is one of trust. If the client feels that your marketing efforts amount to a bait and switch, or if you're hiding behind what your potential clients feel are 'fake' offers or false promises (whether that's your intention or not), that trust will be lost - and trust lost is difficult, if not impossible, to repair."

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

Source: Legal Ease Blog, 14 October 2009

Posted by Wayne Schiess: "An interesting and informative article by Robert Fugate:

Defining Terms of Art in Legal Writing" PDF

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

Source: Legalwriting.net Blog, 5 October 2009

Posted by Douglas Keene: "We all know that the emotional connection is an important one for attorneys to master in the courtroom. But what are the best ways to make that connection with jurors?

Jurors tell us they don't like it when lawyers cry. They see it as phony and manipulative. However, making a connection with them is essential if you are to be optimally persuasive. Emotional connections are not about tears and righteous indignation.

Jay Conger tells us that people who are good at persuasion use emotions in two very important ways:

1)    "They feel their commitment to the position they are advocating in their heart, mind and gut, and are able to show that to others" and

2)    "They have a strong and accurate sense of their audience's emotional state and adjust the tone and approach of their argument accordingly" (Conger 1998).

While the second item on Conger's list is hard to gauge in the highly fluid environment of the courtroom--the first is pure gold for the attorney presenting a case. You must prepare to the extent that your commitment to your case and your belief in what you are presenting is reflected in your "heart, mind and gut" and the jury will see your truth. If you are credible (i.e., competent and likeable) the jury will be more likely to hear your story in the way you wish them to hear it.

You connect emotionally to the jury by connecting emotionally to your case.

Conger, J. (1998). "The necessary art of persuasion." Harvard Business Review 76(3): 84-95."

For more good law practice tips visit the blog at:

Source: The Jury Room, 14 October 2009

In the news: "Intellectual property attorneys say the primary concern when they're preparing for a legal battle over who owns a patent is to make sure they're able to explain in layman's terms what the case is all about. So how often do the attorneys worry about their message getting through?"

Topics discussed include: "Hands on Litigation" and "Hypothetical Person."

Read full text

Source: Law.Com's Daily Legal Newswire. 14 October 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Michelle Golden: "I'm working on some risk assessment tools for firms to use to determine the level of rigidity (or lack thereof) needed in their own social media policies.

And I wholeheartedly believe that, while some potential risks exist (liability, etc) I think such policies are primarily anchored to the level of trust within an organization.