From the blog: "Effective January 1, 2010, new changes are coming to Ohio's traffic ticket Rules. The Ohio Supreme Court has created a new traffic ticket for officers to use when they run out of their current supplies, and there are new rules that will change deadlines and allow for more cases to be disposed of without an appearance. The new ticket will only require 4 digits of a defendant's social security number but add room for the citing officer to report prior OVI convictions. Click here to read more about the new Rules."

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

Source: Cleveland Law Library Weblog, 25 November 2009

Posted by StephanieWestAllen: "Because our brain uses so much energy, it likes to be lazy to conserve. But that can get us into trouble. Fortunately we can learn to combat this tendency. In "Why smart people do dumb things" (Globe and Mail), writer Anne McIlroy looks at both cognitive miserliness and prevention. She also gives you several problems to test your miser propensity.

McIlroy writes:

[Keith Stanovich] studies why smart people do stupid things - or, in more scientific terms, how intelligence is distinct from rationality. His work offers insight into important cognitive abilities that are not measured by IQ tests. It also suggests that deficits in real-world reasoning can be corrected, whether in adults or in children.

...

"[D]ysrationalia" [is] a term Dr. Stanovich has coined for the inability to think and behave rationally despite adequate intelligence, as he details in his recent book, What Intelligence Tests Miss: The Psychology of Rational Thought.

There is, of course, an upside to being a cognitive miser - it means using the brain in an energy-efficient manner. It helps to explain why most of us get out of the house in the morning: We don't waste hours considering what colour socks to wear or what to have for breakfast.

But it also means that when faced with a more complicated decision or question, we tend to give the first response that comes to mind, rather than considering carefully. Most of us are also heavily influenced by how a question is framed.

...

However, we can also train ourselves ways to overcome our miserly tendencies. Studies have shown that people can teach themselves a number of techniques to help them consider all the possibilities when deciding among options:

Read the rest of the article to learn some of those techniques and test yourself to see if you are miserly.

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

Source: idealawg, 28 November 2009

From the site: "Thanksgiving is a time when we're all reminded to be thankful for what we have and to think about those less fortunate than ourselves...especially this year in this economy Co-host, Attorney Bob Ambrogi welcomes Elizabeth M. Lynch, Executive Director, of the Massachusetts Bar Foundation, Scott Inman, Senior Corporate Relations Manager at the Home for Little Wanderers and Attorney Neal J. Philip,  Chairperson of the Board of Directors of Lawyers Helping Hungry Children, to talk about their organizations and helping those in need, not only during the holidays but year round.

The Home Donate Page

Mass Bar Donate Page

Lawyers Helping Hungry Children Donate Page

Special thanks to our sponsor, Clio

Podcast: Play in new window | Download (Duration: 35:14 -- 24.5MB)

Related Podcasts

• September 15, 2009 -- Inside the ABA Journal's Legal Rebels Project
• June 22, 2009 -- Legal, Economic, and Pragmatic Considerations in Cross-Border E-Discovery
• June 17, 2009 -- The SEC Tackles Wall Street Meltdown
• May 21, 2009 -- The Impact of the Recession on Law Firms and Lawyers"

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

Source: Legal Talk Network, 25 November 2009

From the Article:

The widespread use of the Internet has taken a lot of the guesswork out of jury selection.

Web users, especially those involved with social networking sites, are revealing much more of their personal information, often unknowingly.

The Web also makes it easier for professional investigators to uncover personal information from official records not available to casual users.

Professional investigators have always had access to more information than the casual computer user, but these searches are now paying off more than ever.

Jeffrey T. Frederick, director of the Jury Research Division at Charlottesville's National Legal Research Group, said that people are revealing more and more personal information through their Web activities.

Access the Complete Article

Source: Wisconsin Law Journal

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

Source: ResourceShelf, 28 November 2009

From the site: "As we all know by now, Google Scholar is now home to legal documents. Here's the RS overview post from launch day. As we said then, It will be interesting to see how often the database is updated, if those updates are announced, and if Google will provide a directory/catalog/guide of what is available.

In this Above the Law post, Kashmir Hill, provides comments from Westlaw and LexisNexis.

The comments are what you would expect but are still worth a quick read.

Westlaw

We provide the breadth of information and technology tools to help quickly zero in on specific cases and the facts embedded within them. We provide the context, expert analysis from our attorney-editors and links to supporting materials to help users find the right answers, faster. And, Westlaw includes workflow tools so that our customers can use this information as part of their client workstream.

LexisNexis

They [LN Legal Customers] look to LexisNexis to find needles in the ever-growing information haystack, not the haystack itself. Not only do we provide the most complete portfolio of public and proprietary legal content, but LexisNexis enables legal professionals to conduct their research more efficiently, effectively, and with the assurance of accuracy.

Access the Complete Post and Comments

Source: Above the Law

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

From the e-newsletter: "I came across Accident Sketch http://draw.accidentsketch.com/ a few weeks ago, and it's a great potential tool for lawyers and other legal professionals. The site allows you to create a professional-looking depiction of an auto accident site, or really any other sketch you would need to make that would involve an aerial view of cars on roads, highways, and parking lots. It's got some good customization, and when you're done you can print out a copy of the sketch, from two different views. If I had one quibble with the site, I'd want the ability to save the sketch to an image file, so it could be used later during a trial presentation - unfortunately, the "Print Depiction" option will only give you a PDF document, with a Notes area to write down your version of the "incident."  An interesting tool, and did I mention it was free?

Source: Internet Legal Research Weekly by Tom Mighell. Volume 10, Issue 26. 29 November 2009. Subscribe <http://lists.inter-alia.net/mailman/listinfo/inter-alia>.

Posted by Kevin O'Keefe: "Everything I've learned about blogging and social media, I've learned by reading, talking with people, attending conferences, and, of course, trial and error.

The lions share of my learning has come from reading lots of blogs. Blogs I subscribe to in an RSS reader where I can browse headlines by folders I set up by particular subjects.

Social media, including blogs, Twitter, YouTube, Facebook, social networking sites, and hell of a lot more, is hard for me to keep up with. And I'm leading a company that's serving as a social media partner to law firms, not practicing law or running a law firm like you.

So it piqued my interest when Ritu Pant, a web strategist of a couple years, posted a list of 25 blogs to help you stay current with social media on the Freelance Folder blog.

I'm going to use the list to do a better job of staying up to speed with social media news, trends, and ideas. I'll share what I think worthwhile for lawyers and legal professions on my blog and in my Twitter feed.

As a legal professional you may wish to subscribe to the blogs to learn more about how to use social media. You'll always see things I miss.

For those unfamiliar with the power of a RSS reader, here's a list of the 25 blogs in a social media folder in my RSS reader, NetNewsWire. Scanning headlines from these blogs organized by folder so I see the aggregated post titles is the only time effective means of consuming such blog content.

[See the source site listed below to view screenshot]

I can't vouch for the list yet, but reviewing the blogs in the list, a number I already subscribed to, and titles of posts from the list, the 25 blogs look pretty good. As with all my subscriptions, I'll fine tune the list cutting some blogs and adding a few more to my social media folder."

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

Source: Real Lawyers Have Blogs, 29 November 2009

In the news: "Love it or hate it, Microsoft PowerPoint has infiltrated law firms and become a tool for creating everything from courtroom presentations to client pitches. But how do you compare different versions of PowerPoint slides? IT writer John K. Waters shows how to do it with Workshare Compare."

Read full text

Source: Law.Com's Daily Legal Newswire. 30 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Allison Shields: "I recently had the privilege of attending a program on client service given by my friend and colleague Randi Busse of Workforce Development Group, Inc. Randi is a client service and client retention specialist, and since client experience is one of the areas in which I work with my clients, I always enjoy an opportunity to speak with Randi about what she does.

With Thanksgiving only days away it's a great time to think about how you can be of service to others, both inside and outside of your practice. Unfortunately, all too often the focus is placed on technical skill rather than on service, even though it is well known that clients leave more often as a result of service and the way they are treated than because of a lack of skill, experience or knowledge on the part of the lawyer.

In the spirit of the Thanksgiving holiday, I'd like to share two things (courtesy of Randi) that I hope will help you to be of service to your clients not just this week, but every week.

The first is Randi's website where you can get ideas and information on customer service and sign up for her newsletter for new information every month.

The second is a link to a video that Randi turned me on to, which shows that no matter who you are or what service you provide, there are little things that you can do to create a 'WOW' experience for your clients. 

The video is the story of a grocery store bagger with Down's Syndrome who changed the whole culture of his grocery store by doing one simple thing every day that wowed his customers and inspired his co-workers. The video is The Simple Truths of Service which accompanies the book by the same name by Ken Blanchard and Barbara Glanz, but you can see the video by clicking on the link on the right side of the page here.

Happy Thanksgiving!

If you've been inspired to wow your clients or provide an exceptional experience for your clients, please share your stories and help others to learn how they can be of service, too by leaving a comment.

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

Source: Legal Ease Blog, 24 November 2009

Posted by Tom Kane: "Since this is officially "Thankful" week in the United States, let's not forget all those great clients and contacts who help sustain our law firms and businesses.

I got to thinking about how people forget to thank others based on a personal experience last week. It happened early one day when I was contacted by a freelance writer for a big city daily who wanted permission to use some of my stuff for a story, and apparently was on a tight deadline. I responded by email within ten minutes. Then, silence.

At the end of the day, I got to thinking - having had occasional email problems myself - maybe she didn't get my email. So, I asked. Her response:

"Yes -- thank you for the info! I will include it. Thanks for letting me use the quote -- I think the article turned out great."

I then asked for a copy of the article, and received a link to it the next day.

My point, obviously, is that I shouldn't have had to ask for a thank you or the article. Thanking people for what they do for you needs to be automatic and immediate, whenever possible ( unless of course you're on deadline). Then again, it only takes slightly more than a nanosecond to reply to an email with "Thanks."

Have I ever forgotten to thank someone? Nah, you know better than ask such a silly question.

Of course, we all have. However, I do try to instinctively thank anyone who has been helpful to me ASAP. You should too. Otherwise, people might just stop being helpful in the future.

Happy Thanksgiving!!

P.S. If interested in a couple of other posts about thanking referral sources and developing a "Thank You" system...

Continue Reading

Source: Legal Marketing Blog.com, 24 November 2009

Posted by Raymond Ward: "Writing guru Roy Peter Clark has come up with a great word for the mental work done before putting fingers to keyboard: prevision. It's the first of three stages in the writing process: prevision, vision, revision. Prevision is "[w]hat to call that period of mental and physical rehearsal that precedes coming to a full understanding of what your story is really about--before you truly 'see' the story."

Me, I spend a majority of my briefwriting time in the prevision stage: digesting the record, researching the law, looking for what pop-song writers call the hook. Why? Because before you hit the road, you'd better figure out where you're going."

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

Source: the (new) legal writer, 20 November 2009

By Julie Fleming: "Lawyers who are or aspire to be leaders must learn to self-manage, especially when stressed or under pressure (and who isn't, at least part of the time?). It's easy to let self-management slide in the face of provocation. Some attorneys I know offer a blanket apology to staff and colleagues--something like, "I'm feeling stressed, so please excuse me if I blow up or yell at you or throw things, ok?" I don't recommend that approach; it's better than nothing, I suppose, but it's actually announcing that bad behavior is coming, apparently largely unchecked.

Let's be real: attorneys are often faced with statements, actions, arguments, behavior, etc. that is galling in the extreme. It's a common practice among some litigators to find their opponents' hot buttons; push the button and out pops an ugly intemperate person--not someone a jury would respect or believe. (Same goes for witnesses, too, and in non-litigation contexts.) So how can you handle it when faced with provocation that would make the Buddha quiver with rage?

1. Keep your attention on the motivation behind the provocation. Is the person who's enraging you doing it intentionally, or is it a by-product of words or behavior that he likely thinks perfectly appropriate? If it's the former, don't give him the satisfaction of knowing he succeeded. If it's the latter, consider whether displaying annoyance would stop the behavior or simply let your opponent know that he's found a soft spot.

2. Breath. This is great advice for just about any situation, but it's especially good for dealing with anger. You can react, which implies knee-jerk emotional feedback made without any reflection, or you can respond, which implies feedback that follows a pause and analysis/reflection to determine the best way to address the provocation. It's far better to respond than to react. There's no reason why you can't fall silent for a few seconds (which may feel interminable to you and your opponent) while you work through your options.

3. Speak softly. Most of us tend to raise our voices when we speak in anger. Therefore, it's disarming to do the opposite and to speak more quietly. The effect is to appear reasonable and controlled (especially helpful if your opponent is ranting and raving and seemingly out of control) and to force your opponent to listen carefully to hear what you have to say. I've been told that in Japanese culture, when two parties are arguing, the one who raises her voice first loses. It's a difficult tactic for many of us to master, but if you can speak softly in the face of provocation, you will stand a much better chance of controlling your anger.

4. Vent. Express your anger in some forum that poses no risk of exposing it. Writing can be helpful, but especially if you write an angry response to an email, be sure that you don't accidentally send it!

5. Exercise. That's physical venting. When feasible, get up and take a walk instead of marinating in a situation that makes you angry.

6. Selective release of anger. Sometimes, it's absolutely appropriate to express your anger at the person whose behavior has caused it. But consider the consequences of such an expression. Will you disrupt the relationship? Do you stand to lose ground? Will your expressed anger cause the person to react in a way that will cause you even more trouble? And when you do choose to display anger, consider doing so through your words only but continuing to speak in a low, even tone of voice. That will reinforce the gravity of your words.

And, despite our best efforts at these tactics, all of us lose our temper sometimes. Especially in times of frustration and stress, it's easy to let it slip, despite best efforts. When that happens, don't be afraid to apologize and admit to being human.

Source: Solomon, Mark and Lisa. "The Timesheet." The Billable Hour. December 2009. Subscribe http://www.thebillablehour.com/timesheet.php

Posted by Penelope Trunk: "The first step to growing a good career in the face of Asperger's Syndrome is to recognize that this is a social skills deficit, by definition, and work, by definition, is a social skills decathlon.

I have written before that for me, the biggest problem at work stems from my own sensory integration dysfunction - something that typically tags along with an Asperger's diagnosis. But for someone with Asperger's, it's not enough to deal with sensory integration dysfunction; in order to succeed at the workplace, you need some guidelines for bridging the gap between other peoples' social skills and your own.

So, based on my own experience, here are some concrete rules for doing better at work if you have Asperger's, and maybe if you don't.

1. Spend limited amounts of time with people...

2. Don't tell your boss...

3. Be great at what you do, and a little odd...

4. Do office politics by being totally direct...

5. Don't get frustrated by the rules...

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

Source: Penelope Trunk's Brazen Careerist, 24 November 2009

Posted by Douglas Keene: "I had the pleasure of seeing a wonderful comedian and storyteller--Mike Birbiglia--live in New York last year in a one-man show called "Sleepwalk With Me", and again on a Comedy Central special several months ago.  The special, called "What I Should Have Said was Nothing" includes a socially painful but funny autobiographical story, to which the audience audibly moans in anticipation of what they could see was about to happen.

Mike (a really likable and sweet actor, and hopefully as nice a person as he is on stage), responds to the audience's moan by saying "I know! I'm in the future, too!"  The irony of his reporting to the audience that he felt what the audience was feeling was both endearing and a joining experience.  We all loved him, even though we could see what a bad turn the story was about to take. His candor was as charming as his story was hilarious.

It brought to mind the truism that we don't have to be perfect, we have to be honest.  Acknowledging errors, or focusing on the good intentions that resulted in our unintended gaffe, can be mitigating, if not the basis for forgiveness.

We have seen this in prominent public figures (insert your favorite infidelity headline here), who don't get publicly hammered for the misconduct but for their clumsy and defensive management of inescapable truths (see the papers on our website on Apology and on Eliot Spitzer).  If a party hurts someone and hesitates to admit it, if they don't share the moral reaction of the jury, they will be punished as an unrepentant reprobate.

Know how the story is felt, and acknowledge the feeling."

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

Source: The Jury Room, 19 November 2009

Posted by Sabrina I. Pacifici: "Strengthening Forensic Science: The Next Wave of Scholarship: Ken Strutin's article focuses on threads of scholarly literature citing and commenting on the recent National Academy of Sciences report, Strengthening Forensic Science in the United States: A Path Forward, and highlights discussions where experts and practitioners rethink the merits of a wide range of forensic issues."

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

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 23 November 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

From the site: "What effect has the economy had on in-house counsel's role, specifically with regard to managing electronically stored information? In this edition of the ESI Report, Kelly Kubacki, Kroll Ontrack Legal Correspondent fills in for Gina Jytyla and welcomes Everett Upshaw, Senior Litigation Counsel with Nokia and Lisa Spinelli, Legal Consultant for Kroll Ontrack, to discuss the expansion of corporate counsel's roles and responsibilities as a result of economic pressure and the need to streamline existing processes. In the Bits & Bytes Legal Analysis segment, Gina and Kelly will take a look at the discovery order issued in Lake v. City of Phoenix.

Podcast: Play in new window | Download (Duration: 41:04 -- 27.7MB)"

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

Source: Legal Talk Network, 23 November 2009

Posted by Allison Shields: "In last week's post, I talked about using time as a competitive advantage in your practice because time is important to clients. Obviously, time is important to lawyers, too. Do you know how much of your time is wasted on a daily basis as a result of interruptions, lack of focus, non-urgent and non-important tasks?

To get the best out of your work day, you must prioritize. This requires some planning and thought up front, but it will pay dividends.

If the task has an important purpose and a high value result, make it a priority. If you're having trouble prioritizing, here are some questions that you can ask yourself:

• What is the purpose of this task? (Why am I doing this?)
• Is there a deadline?
• How "old" is this task?
• How important is this task for my business?
• How important is it for my client?
• Does it apply to more than one client?
• How essential is this task to reaching my client's goals?
• Does this task contribute to my core values or business? 
• Can it be done by someone else?...

Once you have determined whether a particular task, activity, or even client matter is a priority, schedule it - block the time and protect it so that priority items actually get done - and don't allow interruptions for priority items."

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

Source: Legal Ease Blog, 20 November 2009

Posted by Rita Handrich "'Everybody lies'--or so says the protagonist on Fox TV's popular medical drama, 'House'. Gregory House is Vicodin-addicted, self-centered, and a brilliant diagnostician--and he does indeed discover--that most of his patients lie about something which makes his task of discerning the real from the deception just a bit more difficult.

So it is in voir dire. But why? The questions that are being asked don't often seem that personally important and when they are truly of an intimate nature (as with sex abuse history), they are typically asked outside the hearing of other jurors. So why would jurors lie about more routine things? Researchers have proposed multiple explanations.

• Jurors are intimidated (afraid of what others may think or of embarrassed about expressing their opinions).
• Jurors want to look good and thus give responses they think are socially positive.
• Jurors want to protect their self-image and self-esteem in front of all the courtroom observers and other prospective jurors.

While there are likely other reasons jurors lie, there is certainly agreement that jurors do lie (Keene and Handrich 2005). So, if you know it's likely to happen--what can you do to minimize it?

Believe it or not, there is one simple answer: Use a supplemental juror questionnaire (SJQ). When given privacy (and a thoughtfully-written questionnaire), jurors are more likely to engage in voir ecrire ("to write the truth"). Factors such as social discomfort, a desire to please, or an attraction to a fellow juror or jurors--can derail your voir dire before you know it.

Get it in writing--and then increase their comfort by reframing bias in a positive light.

There are only two ways of telling the complete truth-anonymously and posthumously. -Thomas Sowell (1930 - )"

For more great tips, visit Rita's blog at:

Source: The Jury Room, 23 November 2009

Posted by Nerino Petro: "This can be a single sheet of information or a brochure - and make sure you give it to each client and prospective client. Don't assume that your clients know all of the services you offer. While this tip sounds simple, too many lawyers don't have such a basic document that clearly and succinctly informs potential clients and existing clients what their attorney can do for them."

For more great tips, visit

Source: Nerino Petro's Compujurist, 23 November 2009

Posted by Jim Calloway: "I never blogged about my Home Sweet Office article due to some technical issues here. But it is clear more and more lawyers are considering an office-based practice. I find it interesting that many of the success stories involve an established lawyers leaving the firm and "moving home," taking his/her existing clients and charging them a lower billing rate. Certainly it is easier for some lawyers to operate out of a home-based practice, such as a lawyer who only does appellate briefs and can met with clients in the trial lawyer's office when hired. Frankly I cannot imagine building a new family law practice, for example, out of a home unless it was part-time and limited. But I know some have done it.

I hope you enjoy the article..."

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

Source: Jim Calloway's Law Practice Tips Blog, 20 November 2009

From the e-newsletter: "Congressional Documents Online provides an extensive selection of United States Congressional documents to the public in digital format.  Taken from the Rutgers-Camden School of Law collection, the archive includes full text Hearings and Committee Prints from the 1970s to 1998.  As of this writing, there are 9273 documents available through the site.  More material is regularly being added as it is digitized over the next several years.  The archive may be accessed by browsing a listing of documents organized by Library of Congress control number (LCCN), or by searching the text of the collection. A useful "help" option is available featuring several search examples to provide assistance in forming the most effective queries possible.  Documents are available without charge in PDF format, and because the page lengths of documents are extensive, there is a helpful feature that allows users to choose whether to move directly to a specific page within a document, or to download the entire document at once.  Although the site is clearly a work in progress, it has made an excellent start to what promises to be a valuable online collection in the future. [AE]"

Source: "InSite." Vol.15, No.7. 23 November 2009 Cornell University Law Library. To subscribe send the following request to: listproc@cornell.edu: Subscribe InSITE-L [YourFirstName] [YourLastName] 

Posted by Tara Calishain: "Around two weeks ago, nulab Inc. announced the launch of Cacoo, a new service for making wireframes, sitemaps, and other diagrammish things. It's available at http://cacoo.com/. It's in beta and is currently free, though a premium plan is expected in the "middle of 2010″. For making diagrams and charts online I like Lovely Charts, but I decided to review Cacoo because it allows multiple people to edit charts together in real time. I'm glad I did; this is a great tool!

You have to register, of course. Once you've done that, you get a Flash application that allows you to build charts/diagrams using drag and drop images from a variety of libraries, including people, flowcharts, networks, office equipment, etc. Dotted blue lines appear and disappear as Cacoo shows you how your new images line up with other images that you already have in your chart area.

Once you have an image in the chart window, you can resize it, rotate it, add text, etc. There are also tools for rotation, arranging, layers, etc. A line tool makes connecting images very quick and easy. Once the Flash was loaded I experienced very little lag in using it. Here's a screenshot of some different elements from the libraries connected together randomly.

{To view the screenshot see the source site listed below]

Once you've created your masterpiece, you can save it to the service (a simple checkbox allows you to indicate whether you want your item to be public and gives you the public URL) or you can export it to the PNG format. There's also a Share window that lets you invite other people to use and work on your diagram; you can either search Cacoo IDs or send invites to specified e-mail addresses.

Between the easy-to-use text and connection tools, and the lines show you how your new elements are lining up with everything else, I am extremely impressed with Cacoo. I am not at my best with these kinds of tools but Cacoo was intuitive and when I got stuck, a right-click or closer look at the menu usually set me on the right track. The only tiny little thing is that sometimes the English on the menu isn't quite perfect (nulab is based in Japan) but who cares? It was never enough to make using the service confusing. Highly recommended.

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

Source: ResearchBuzz, 20 November 2009

From the blog: "I have seen a few significant changes in blogging over the years, but none that may be quite as important or wide-ranging as the new FTC regulations, 16 CFR Part 255, concerning endorsements. Effective December 1, 2009, bloggers who endorse a product or service must disclose whether they have a "material connection" to the advertiser that might affect the weight or credibility of the endorsement.  This means that bloggers that receive cash or any other payment, including free products, for their endorsement must disclose that connection.  The new regulations contain a number of examples that illustrate the various situations that may constitute a "material connection," but none of them are particularly illuminating.

The new regulations also require advertisements that convey a consumer's experience with a product or service as typical when, in reality, it is not, to disclose what the typical results would be.  Advertisers can no longer portray a result and disclaim it with fine print that says, "Results not typical."  The rules for celebrity endorsements under Part 255 have also changed.  Celebrities must disclose their connections with an advertiser and both parties can now be held liable for untruthful or misleading advertising.  Celebrities also must disclose their relationships with advertisers when they promote products outside of traditional commercials or print advertising, such as on talk shows or in interviews. Finally, if an advertisement refers to a scientific study for support, the advertiser must disclose his or her relationship to the researcher or research agency.

There are several other changes in the law that must also be complied with, as well as several new examples to illustrate the application of the pre-existing rules that have been in effect since 1980.  It is important that bloggers understand these rules and examples because they can be held liable for up to $11,000 per post for a violation.  It is a changing blogging world out there, and it seems as if the law is starting to catch up."

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

Source: The Greatest American Lawyer, 9 November 2009

Posted by John Heckman: "One of the common calls I get as a consultant says in essence: "I know I'm not getting the most out of my software: how do I make better use of what I already have?"  Even with a marginal upturn in the economy, there is a lot of pressure on firms to make the most of what they already have.  Here are some suggestions that may point to areas where relatively simple improvements or adjustments can reap significant benefits in terms of a firm's efficiency and productivity.

WordProcessing...
Practice Management...
Time and Billing...
Document Assembly...
Training...

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

Posted by Chuck Newton: "I read an article on HuffPo Business recently in which they reviewed all of the most recently literature on the web and came up with the most expensive mistakes that a business could make starting out.  That stated by HuffPo is ture, in my estimation, even if a little bit generic.  As for lawyers starting out the advice applies as well and they represent many of the same mistakes.  Avoid the mistakes, and new lawyers and new practices can improve their chance of financial success.

What do I mean financial success?

We all know any number of lawyers that are successful in hustling up clients and cases, and who have established a cash flow, but that does not mean that the attorney is a financial success.  This is because money out plays as big a role as money in.  Especially with solo attorneys starting out, all of the attention is concentrated on obtain clients and cases and caution is thrown to the wind as to overhead.  The result is a practice that limps along, always trying to catch up, but that rarely allows the lawyer to bring home that much money.  As a result of these early decisions, the lawyer is always feeding others instead of himself or herself.

Lack of planning...

Borrowing and spending too much...

Insufficient capital...

Inadequate pricing...

Not seeking advice...

Keep these things in mind when starting out."

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

Source: Chuck Newton Rides the Third Wave, 12 November 2009

In the news: "The economy isn't giving us a lot to cheer about this holiday season ... and it could get worse. This year, it appears more companies are saying no to an annual tradition: the office holiday party. But attorney Kelly Phillips Erb notes that not only are holiday office parties a good way to say thank you to employees -- they may also bring tax benefits to the firm as well as employees. Phillips Erb discusses some of the things to keep in mind if law firms want to take advantage of those benefits."

Read full text 

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

Posted by Randall Ryder: "Maybe you have not considered the power of "the internets" or "the Google," but even lawyers can use viral videos as a marketing tool.

Ten years ago, few people would have thought potential clients would search for attorneys on the internet rather than the phone book. Trying something unique may not always succeed, but it does allow you to reach out in ways that most firms will not consider. [click to continue...]

Read more from Lawyerist:

• Target (and Get) the Clients You Want
• Use Google Local Business Center to Attract Clients
• Marketing Malpractice Means Not Having a Website

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

Source: Lawyerist.com, 18 November 2009

Posted by Jackson and Wilson, Inc: "On cross-examination, you just asked the witness a key question. Rather than answering, he looks at you and thinking he's going to shake things up a bit replies, "I don't know. What should I have done?"

So how do you handle an unexpected question from a witness without being offensive? Responding with something like, "I'm the lawyer and I'll be asking the questions here" can really make you look bad in front of the jury.

Here's a better approach that's worked well for us over the years.

After the witness ask the question, take a moment and while looking at him in a very respectfully manner, respond with something like the following, "I'm sorry but the court rules don't allow me to answer your questions. However, if they did, I'd be happy to tell you what you should have done." Then ask your question again. I guarantee you you'll get an answer.

If necessary or appropriate, later in the trial you can come back to the question when conducting direct examination of your expert witness or in your closing argument. Let your expert know what question the witness asked and then ask him or her to give you the correct answer.

If you are giving your closing argument, remind the jury about the question the witness asked you earlier in the trial and then share the correct answer. Not only will you be indirectly reminding the jury of the witnesses lack of desire to "play fair", but you'll also have an opportunity to get the last word in on the subject."

For other good trial practice tips visit the following website.

Posted by StephanieWestAllen: "Thanks, SSRN.

• "The Four Ways to Assure Mediator Quality (and Why None of Them Work)"
• "Caucus with Care: The Impact of Pre-Mediation Caucuses on Conflict Resolution"
• "'I' Before 'E', Except in Mediation: Training Introverts to Use Extroverted Techniques to Become Stronger Mediators"

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

Source: idealawg, 19 November 2009

From the site: "The admitted mastermind behind the 9/11 attacks, Khalid Sheikh Mohammed and four other suspects will head to New York City, blocks from Ground Zero, to face a federal trial in civilian court and it is creating quite the controversy.  On Lawyer2Lawyer, co-hosts and attorneys, Bob Ambrogi and J. Craig Williams welcome Attorney Tara L. Murray, U.S. Counsel for Reprieve and Gregory S. McNeal, a visiting assistant professor of law at Penn State's Dickinson School of Law , to discuss this controversial federal trial in a NY civilian court, the ongoing legal work in Guantanamo and ultimately the closing of Guantanamo.

Special thanks to our sponsor, Clio

Podcast: Play in new window | Download (Duration: 33:28 -- 25.6MB)

Related Podcasts

• January 30, 2009 -- The Legal Implications of Guantanamo"

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

Source: Legal Talk Network, 19 November 2009

Posted by Rick Borstein: "Can you name something free which makes you more productive?

I can . . . just attend our free "Learn Acrobat Online" eSeminar series!

We're going to kick it off this Friday with an "Acrobat 9 Tips and Tricks" Session.

Although not all the sessions are legal-focused, Google sends so many folks to my blog, that I thought I might reach some new folks.

You can register for all of the events by clicking the button below.

Read on for full, detailed agendas.

To register and/or read more about the sessions visit the source site listed below.

Source: Acrobat for Legal Professionals, 9 November 2009

In the news: "A controversy has been brewing in law firms as more documents find their way into Microsoft SharePoint's SQL Server: Is SharePoint a viable replacement for a DMS? Mark Gerow, of Fenwick & West, discusses the case for moving documents out of SQL Server using an "External Blob Store."

Topics discussed include:

AN HISTORICAL PERSPECTIVE

·        Arguments for moving documents out of SQL Server:

·        Argument for leaving documents in SQL Server

MICROSOFT'S SOLUTION VERSION 1.0

WHAT EXACTLY IS AN EBS PROVIDER?

EBS vs. RBS

ROLLING YOUR OWN EBS PROVIDER

BLUE THREAD TECHNOLOGIES' STORAGEPOINT EBS PROVIDER

BUILD VS. BUY?

Read full text

Source: Law.Com's Daily Legal Newswire. 20 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe

 <http://store.law.com/registration/register.asp?subscribeto=nw>.

Closing Argument Waived When Defendant Does Not Request and No Objection to Omission is Entered

From the site: "2008-2415.  State v. McCausland, Slip Opinion No. 2009-Ohio-5933.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5933.pdf

View oral argument video of this case.

(Nov. 17, 2009) The Supreme Court of Ohio ruled today that a criminal defendant waives the Sixth Amendment  right to present a closing argument when he or she neither requests a closing argument nor enters an objection to its omission. The Court's 7-0 decision was authored by Justice Evelyn Lundberg Stratton."

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

Source: The Supreme Court of Ohio, 17 November 2009

Damaging Single Phone Violates 'Disrupting Public Service' Law If Conduct Substantially Impairs Emergency Response

From the site: "2008-1942 and 2008-2170.  State v. Robinson, Slip Opinion No. 2009-Ohio-5937.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5937.pdf

View oral argument video of this case.

(Nov. 18, 2009) The Supreme Court of Ohio ruled today that the damaging of a single private telephone or cellular telephone disrupts public services in violation of R.C. 2909.04(A)(3) if the conduct substantially impairs the ability of law-enforcement officers, firefighters, rescue personnel, emergency-medical-services personnel, or emergency-facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.

The Court's 7-0 decision, authored by Justice Maureen O'Connor, reversed a ruling by the 3^rd District Court of Appeals."

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

Source: The Supreme Court of Ohio, 18 November 2009

Court Rules That Order Granting or Denying Stay of Trial Pending Arbitration is Subject to Immediate Appeal

From the site: "2009-0054.  Mynes v. Brooks, Slip Opinion No. 2009-Ohio-5946.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5946.pdf

View oral argument video of this case.

(Nov. 18, 2009) The Supreme Court of Ohio ruled today that when a party in a civil lawsuit moves for a stay of trial pending arbitration of the dispute, and the trial court issues an order granting or denying the requested stay, R.C. 2711.02(C) permits an immediate appeal of the trial court's order, even when that order does not include a judicial determination that there is "no just cause for delay" in pursuing an appeal as required by Civil Rule 54(B).

The Court's 4-3 majority opinion, which reversed a decision of the 4^th District Court of Appeals, was authored by Chief Justice Thomas J. Moyer."

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

Source: The Supreme Court of Ohio, 18 November 2009

Posted by Robert Ambrogi: "In a post earlier today at Legal Blog Watch, The Google Gorilla Enters the Research Game, I wrote about Google's announcement yesterday that Google Scholar now allows users to search full-text legal opinions from U.S. federal and state appellate and trial courts. I wrote there about the implications of the announcement, but wanted to post here to add my initial thoughts about the search itself.

So far, I like what I see. As it is throughout Google's various offerings, the search interface is seamless and simple. Search for a case in the same way you'd search for anything on Google -- by name, words or a phrase. You can also search by citation, but be careful to put the citation in quotes. If you search 794 F.2d 915, the results will include cases that have "794," "F.2d" and "915." But if you search "794 F.2d 915" you get the cited case plus any others that cite it.

As you view a case, a tab on the top of your screen lets you switch to a second screen showing how it was cited. This shows a list of cases and articles that cite your case. It also includes a separate list of cites showing a quote extracted from the case at the point of the citation -- in other words, the proposition for which your case is cited. Click on any of those quotes and jump right to that point in the citing case.

I could not find within Google Scholar a description of the scope of the case law database. According to Tim Stanley of Justia, it includes U.S. Supreme Court opinions since 1 US 1 (pre - 1776), federal circuit opinions since 1 F 2d 1 (1924+), and many federal district court opinions. Opinions from all 50 state supreme courts are included since 1950. I was able to determine that intermediate appellate courts are included for some states, but I could not tell whether they are included to the same extent as state supreme courts.

The Advanced Scholar Search lets you choose to search just federal cases or just a single state's cases. You can search multiple states only by checking boxes for each state, so if you want to search all 50 states but not federal, you'll have a lot of checking to do.

There remain lots of questions about Google Scholar's case law search. Google offers no documentation so answers are hard to come by. Besides not knowing the precise parameters of the database, we also do not know how often new cases are added -- a key piece of missing information. We also do not know what kind of quality control Google has in place to ensure the cases are checked and error free.

Still, putting the power of Google search behind a comprehensive database of federal and state cases is more than just a good start. Google's engineers clearly put a lot of thought and effort into this and I expect there will be further refinements and enhancements to come."

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

Source: Robert Ambrogi's LawSites, 18 November 2009

In the news: "In the last year, several Am Law 100 firms have announced that they have shifted to, or will shift to, a performance-based compensation program for associates. Dan DiPietro, Lisa Keyes and Laura Saklad write that designing and executing a successful performance-based system aligned to a particular firm's strategy takes time, and the changes can require major cultural shifts and can even run the risk of costing, rather than saving, the firm money. Still, for many firms the benefits will outweigh the costs."

Points discussed include:

THE CASE FOR PERFORMANCE-BASED PAY AND ADVANCEMENT SYSTEMS

ELEMENTS OF A SUCCESSFUL PERFORMANCE-BASED SYSTEM

• Hiring Practices
• Staffing Practices
• Evaluation, advancement and compensation

PREPARING TO MOVE TO A PERFORMANCE-BASED PROGRAM

Read full text

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

Posted by Ron Friedmann: "Last week I spoke at the Ark Group Conference on Alternative Fee Arrangements (AFA). I gave a short presentation called Unbundling Repetitive Aspects of Large Matters, my effort at de-mystifying and simplifying alternative fees. 

Inside and outside counsel would find AFA easier if, instead of thinking about entire matters, they thought about the components of big matters. By big matters I mean single large matters such as major litigation or an M&A deal or "portfolio" matters such as real estate transactions, sales contracts, or managing NDAs.

These big matters typically include high volume, repetitive elements that can be treated as fairly discrete activities and therefore costed and priced separately. Here are some examples of common "discrete activities:"

[See source site listed below to view the chart]

The key to achieve reasonable alternate fees for both clients and firms is to unbundle these and other high volume tasks and treat them as discrete activities. Doing so can lower the cost and improve the predictability. All that's needed is to apply the appropriate selection of process, technology and human resources:

• Process
• Workflow analysis
• Metrics and QC
• Data analytics (EDD)
• Knowledge management
• Business intelligence
• Project management
• Technology
• Document assembly
• Conceptual review tools
• Repositories
• Contract management
• Human Resources
• Paralegals
• Contract lawyers
• Outsourced lawyers (onsite, onshore, offshore, multi-shore)

By unbundling - that is, separating matters into discrete "chunks of work" - and then applying the tools above, tracking costs and effort, and monitoring and repeating the process to refine estimates, clients and lawyers likely will find that they reduce cost and, as important, make cost more predictable. That in turn should make AFA much easier.

Am I missing something, or is AFA easier than meets the eye?"

Source: Strategic Legal Technology, 15 November 2009

From the site: "In this edition of The Un-Billable Hour, host Attorney Rodney Dowell, Director of the Massachusetts Law Office Management Assistance Program, will talk about the keys to operating a successful solo practice.   Rodney welcomes Attorney Carolyn Elefant, a solo and small firm attorney, blogger and author of the book, "Solo by Choice, " to discuss the criteria attorneys should use when selecting clients, the keys to planning a successful start-up and how to develop a successful firm.

Special thanks to our sponsor, AbacusLaw

Podcast: Play in new window | Download (Duration: 28:25 -- 22.0MB)"

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

Source: Legal Talk Network, 18 November 2009

Posted by JD Hull: "Reprinted from a 2005 "Law Week edition" of The San Diego Daily Transcript, here's "Professionalism Revisited: What About The Client?", written by one of our spunkier U.S. trial lawyers. Note that the piece ends with "rules of professionalism"--but from the client's perspective. Excerpts from Rules 1, 5 and 6:

1. We come first. Be nice--but if in doubt, use the rules. If you feel you know the lawyers you are dealing with, we will follow your advice and instincts. If you are in doubt about the lawyers, or if it might compromise us to deviate from the formal procedural rules, please stay close to those rules.

5. If you have, or would like to have, a personal relationship with opposing counsel, that's fine, but don't let the relationship hurt us--the client. We don't care as much as you do about your maintaining or developing collegiality with other lawyers in your jurisdiction; in fact, we could not care less.

6. If opposing counsel shows animosity toward you for following the procedural rules and keeping things moving, that is tough. This is not about the lawyers. We hired you to represent us. We would like you to get this done. Again, as your client, we seldom think that aggression and persistence are "unprofessional".

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

Source: What About Clients?, 16 November 2009

Posted by David Bilinsky: "A couple of updates:

One:  OnPoint Legal Research's Take Five Newsletter is now up for November, summarizing the 5 most interesting cases for BC:  November Take Five

Two:  Bob Denney's November 2009 Legal Communique has now been released:

BUSINESS DEVELOPMENT AND MARKETING MAXIMS

'Maxim: General truth or rule of conduct expressed in a sentence."
The Oxford Dictionary

1.   Be the best lawyer you can be.
2.   Be afraid. Fear of failure guarantees success.
3.   Don't sell. Educate. No one wants to be sold legal services. Ask clients and
prospects what their problems are, then educate them on how you can help them.
4.   Focus. Specialize. You can't be all things to all people.
5.   Have a marketing plan and follow it. Hell is paved with good intentions - and
marketing plans that were never implemented.
6.   Market like you were a sole practitioner. If you don't, you may become one -and
then you'll have to.
7.   Everyone in the firm must be a marketer, from the Managing Partner all the way
down to the messenger.
8.   Current clients are your best sales agents.
9.   Word-of-mouth is still the best form of marketing and business development.
10.  Your friends may not become clients, but your clients can become friends.
11.  Your next client may be across the table.
12.  To get and keep your client's business, know his or her business.
13.  Treat every client as if he or she were your only client.
14.  The three keys to delighted clients:
• Listen and communicate
• Listen and communicate
• Listen and communicate
15.  Under-promise. Over-deliver.
16.  Don't be afraid to say "yes" - but have the courage to say "no". The
magic words to a client are: "Yes, if . . ." or "No, but . . ."
17.  Be a problem-solver, not a problem-maker.
18.  Give the client alternatives but don't stop there. Say, "It's your decision but
I think this is what you should do and these are the reasons."
19.  Know your competition. It's just as important as knowing your client.
20.  Ask for the business.

Robert Denney Associates Inc. has provided strategic management and marketing counsel to law firms throughout the United States and parts of Canada for over 30 years. Reports and discussions of other timely issues are posted on his web site, www.robertdenney.com. His annual report on "What's Hot and What's Not in the Legal Profession" will be coming in December...visit his website to sign up for his newsletters.

When it comes to this post, it takes two!"

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

Source: David Bilinsky's Thoughtful Legal Management, 16 November 2009

From the site: "Hosts: Denise Howell, Colette Vogele, Evan Brown, and Ernie Svenson

DWI La-Z-Boys, Murdoch and Google, no tweeting in court, police searching cell phones, and more.

Talking points: http://delicious.com/thisweekinlaw/38

TWiL shownotes

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

Source: This Week in Law, 17 November 2009

Posted by Penelope Trunk: "I have found that the best way to manage myself is by asking for a lot of help. The question is, how do you know who to take advice from?

The answer is not always intuitive. For example, you'd think that if Bill Gates wants to give you career advice, you should take it, right? I mean, the guy's had a pretty decent career. The problem is that if he doesn't care about your career, he's going to give you generic advice.

Here are five other counter-intuitive principles I have used to figure out who to listen to when it comes to my own career:

Listen to people who hate you...

Stop thinking your issues are especially difficult...

Less experience often means better advice...

Be wary of people whose lives look perfect...

Stick with people who give you bad advice..."

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

Source: Penelope Trunk's Brazen Careerist, 16 November 2009

In the news: "There is a long and time-honored tradition among other cultures, and other professions, of giving the mind and spirit a break from the day-to-day grind, notes attorney Janice Mock. It's called a sabbatical. You've heard of it, right? Right -- just not anywhere near your office door. Embracing the notion of what a world with sabbaticals for lawyers as commonplace would look like, Mock discusses the benefits of sabbaticals both for the attorneys who take them and for the law firms that allow them."

Topics discussed include:

THE DOWNSIDE

• Expense and Burden...
• Paranoia...
• Lost Revenue...

THE UPSIDE

• Better, Healthier Thinkers...
• Increasing Experience and Education...
• Saving Money...
• Recruiting...

OPTIONS

Read full text 

Bridging the DiGital Divide: A New Vendor in Town? Google Scholar Now Includes Case Law

Posted by Sabrina I. Pacifici: "Bridging the DiGital Divide: A New Vendor in Town? Google Scholar Now Includes Case Law - The November 17, 2009 Google launch of free caselaw searching via Google Scholar is the focus of John J. DiGilio's timely content and resource review."

Source beSpacific, 17 November 2009

Support for the Research Process - An Academic Library Manifesto

Posted by Sabrina I. Pacifici: "Support for the Research Process - An Academic Library Manifesto: This document by Chris Bourg, Ross Coleman, and Ricky Erway can serve as a pathfinder for those professionals seeking to focuses on roles that academic, law and special librarians could undertake in order to better support the research process

Source beSpacific, 17 November 2009

Free Tools and Applications for More Efficient Online Interaction

Posted by Sabrina I. Pacifici: "Free Tools and Applications For More Efficient Online Interaction: Many lawyers understand the importance of networking, but running a law practice takes time and no one ever seems to have enough of it. This factor is one of the main reasons lawyers offer as an excuse to avoid online networking, but Nicole Black proposes how choosing even a few efficient applications from the range of free tools available can streamline and accelerate this marketing process.

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

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 17 November 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>. 

Posted by Tom Kane: "A survey by The BTI Consulting Group for Hellerman Baretz Communications LLC released today provides insight into how to distinguish yourself from other firms in landing new clients. According to the survey, which involved interviews with the "top legal executives" at 28% of Fortune 1000 and 15% of Global 500 companies, the best activities fall into 3 main categories: Personal Knowledge, Credentialing, and Awareness type of activities.

The top two activities are in the area of personal knowledge:

1. Peer referrals are the most effective way to get hired (57% of respondents would consider hiring a lawyer after just one peer referral) , and
2. Introduction via in-person scheduled meetings (it normally takes 8 telephone calls to get such a meeting, and 90% of attorneys give up after the first call ends in rejection, according to the survey).  

The next most effective set of activities involves "credentialing" and include:

• Being quoted as an expert in the media (interestingly, 3 such quotes equates to the single peer referral in terms of getting hired),
• Educating in small seminar settings,
• Practicing at a "well-regarded" firm, and
• Publishing an article in a trade journal.  

Rounding out the top 10 mentioned activities (and scoring less than 5 out of 10 in effectiveness) include: speaking at a prominent event, being featured in a media article, advertising, and a casual in-person meeting.

In planning your 2010 business development activities, this survey of the top ways to land new clients is at least worth a look."

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

Source: Legal Marketing Blog.com, 17 November 2009

From the site: "We're at the time of year where everyone likes to make and share lists. Some new types of Internet tools let lawyers share useful lists of information in easier and more powerful ways. In this new episode of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell discuss why Twitter Lists, bookmark lists, OPML lists and other sharable lists should be making their way onto your list soon.  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.

Special Thanks to our sponsor, Bill4Time

>Show Notes Wiki

Podcast: Play in new window | Download (Duration: 28:40 -- 28.1MB)

Related Podcasts

• October 7, 2009 -- Bulls and Bears: Lawyers Using Social Media
• August 24, 2009 -- Online Reputation Management
• July 6, 2009 -- What Technology is Dead Today?
• April 16, 2009 -- Online Interference in the Jury Box
• April 14, 2009 -- ABA TECHSHOW in Review

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

Source: Legal Talk Network, 17 November 2009

In the news: "Imagine gaining access to a teenager's diary. These days, those personal thoughts are more likely to be documented electronically on social networking sites rather than on paper -- and those supposedly private communications can become public. Consider the case of Tatum Bass."

Read full text

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

Posted by Allison Shields: "An article recently appeared in the Wall Street Journal discussing how businesses can use the old adage, "time is money" when it comes to developing their products and services. (The Wall Street Journal, Beat the Clock: How companies can use time to their competitive advantage, Paul F. Nunes, Geoffrey Godbey and H. James Wilson, October 26, 2009, p.R6.)

Although lawyers are used to thinking of "time is money" in the context of the billable hour and the lawyer's time, the article contemplates creating a competitive advantage by considering ways to save the client's time or remove unenjoyable, time consuming tasks from the client.

There has been a lot written lately about how to save clients money during this economic downturn, and one strategy is to unbundle legal services or to allow clients to bear the burden of taking on some of the work in order to reduce the time the lawyer spends on a matter, and therefore to reduce the fee. This may allow a client to choose the level of time they want to devote to a matter and the correct mix of time and value for them. But some clients may prefer that you do the work for them - even in the case of activities or tasks that might traditionally be allocated to clients..."

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

Source: Legal Ease Blog, 13 November 2009

In the news: "The No. 1 challenge to lawyers' and law firm administrators' efficiency is in dealing with the ever-increasing barrage of information -- online and off -- that bombards them day and night, writes tax attorney Sheldon I. Banoff. He discusses 12 signs that someone might be suffering from information overload, the effects it can have on your efficiency, and some things lawyers and administrators can do to better deal with -- if not control -- the information overflow."

Read full text

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

Posted by StephanieWestAllen: "Professor Dan Druckman bases his suggestions on research and case studies. I learned of him and his paper "Intuition or Counter-Intuition?: The Science Behind the Art of Negotiation" in a blog post by Phyllis G. Pollack; in the post she talks about both the presentation Dr. Druckman gave last weekend at the conference of the Southern California Mediation Association and his article.

I have not read the article yet but found on the 'net highlights of a talk he gave, at the Business School of the University of Western Australia, with the same title as the article. Here are his suggestion from the School's Web site:

• Discourage quick agreements by avoiding rapid concession exchanges.
• If an optimal or integrative solution/outcome is easy to discover, avoid exchanging "too much" information...
• Time the display of tough and soft tactics, sequencing them by presenting firm postures early, softer postures later.
• Do not use your experience or acquired skills to secure a better agreement only for yourself; use the skills to engage in log rolling and other tactics that can secure improved outcomes for all the negotiating parties.
• Negotiators generally want to settle; they also tend to approach negotiation as competitors...
• Orchestrate the negotiating situation for flexibility by insulating the talks from media coverage, avoiding ideological debates, and reducing accountability to constituencies or other parties with vested interests in the outcome.
• Avoid embarrassing your opponent...
• For third parties: Suggest compromises early to establish a reputation for fairness, but discourage actually making compromises in favor of an information exchange.
• Impasses can be useful...

Have any of you read "Intuition or Counter-Intuition?: The Science Behind the Art of Negotiation"?

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

Source: idealawg, 13 November 2009

From the blog: "If you're an attorney, then I ask you to think about something you don't often consider -- how you appear in print.

Why? Because it's important. How you appear in print affects your practice, your ability to attract clients, and what you can charge for the services you provide.

How so?

Let's say you're in Barnes & Noble and you're looking through books about employment law. Your niece is about to become the HR manager of a firm with 100 employees, and you want to give her a good guide, one that she can refer to when it comes to hiring and firing employees, and so forth.

You take two books from the shelf and compare them. One is more substantial than the other, and has a much more inviting cover. You flip through the books, and you see that one has a much better design than the other.

If you're like most, then -- before you've read a single line from either book -- you're prejudiced in favor of the book that looks best.

It might not be the one you buy, but the better looking book has a competitive advantage over the other. Appearances count. And professional publishers know it.

Read the rest of this entry »

Source: Set in Style, 7 November 2009

Posted by Connie Crosby: "Still doubtful about video as a marketing vehicle? A few recent milestones from YouTube, the leading site for video distribution, be it entertainment-related or professional:

• as of October, YouTube is now up to over a billion views each day
• as of May, at least 20 hours of video are uploaded to the site every minute
• Increased high definition (HD) resolution is coming to YouTube starting this week.  1080p HD will be the new maximum resolution, up from the previous 720p HD. This is in response to the increasing resolution of consumer cameras.  See the blog post for comparative examples.  

For more discussion about law firm marketing and YouTube, check out this March 2009 blog post by Larry Bodine."

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

Source: Slaw.ca, 16 November 2009

Posted by Bruce Carton: "I thought we had completely maxed out on the Supreme Court geekiness with the baseball cards and then the oral arguments available on iTunes, but no... not even close. Today, I present you with the new gold standard in Supreme Court geekery: "FantasySCOTUS.net, the Premier Supreme Court Fantasy League."

FantasySCOTUS.net is the brainchild of Josh Blackman, who admits to being an "unashamedly big Supreme Court nerd." At the beginning of the October 2009 term, he writes, "a friend asked me to predict the outcome of several Supreme Court cases. After making my predictions, I thought it would be cool if Vegas took bets on Supreme Court cases like they do on sporting events. And then I wondered, why not a Supreme Court Fantasy League? FantasySCOTUS.net was born." He adds, "I know there are more people out there like me."

In this fantasy league, participants compete against friends, colleagues and adversaries to determine who has the greatest ability to predict the outcome of Supreme Court cases. At the end of the term, the winner "will receive the venerable title of the Chief Justice of Fantasy SCOTUS," not to mention the "Golden Gavel Trophy."

So put down your Justice Roberts trading card, take off your headphones playing Bush v. Gore, and make us all proud by bringing home the Golden Gavel Trophy."

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

Source: Legal Blog Watch, 13 November 2009

In the news: "Microsoft Outlook isn't perfect, but there is more to its e-mail and calendar functions than meets the eye. By combining some of Outlook's best undiscovered features with a little ingenuity, lawyers can reduce their stress levels and perhaps add a bit of leisure time to their schedules."

Read full text

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

In episode 103 Adam Freedman discusses:

Is It Legal to Record a Conversation?

What is the "Wiretap Act"?

Only "Private" Conversations are Protected

What is a Reasonable Expectation of Privacy?

Consent is Not Always Required

Different Rules Apply to the Police

 Play  Download

The active links and the transcript of the podcast are available at the source site listed below.

Source: Legal Lad, 16 November 2009

Posted by Ed Poll: "It's always gratifying when one's opinions receive outside support.  Sometime ago, I wrote that law schools really don't teach the day-to-day aspects of being a lawyer - interacting with clients and running a practice - because such skills are seen as too "trade-oriented." 

That viewpoint was echoed in a Wall Street Journal column by Cameron Stracher, professor at the New York Law School.  Stracher observed that law school students are "reading about the law rather than engaging in it," with the result that "when they graduate, young lawyers rarely know how to interview clients, advocate for their positions, negotiate a settlement or perform any number of other tasks that lawyers do every day."

What especially struck me in Stracher's column, as I noted in previous writings, was the observation that, until our modern era, most lawyers learned their profession by apprenticing themselves to practicing lawyers, learning from them by watching and doing.  It brought to mind the difference between the way lawyers and doctors are trained.  Doctors, of course, put in years of residency as part of their training.  They work in hospitals and clinics, treat patients, observe other doctors as they go on their rounds.   Most doctors begin their medical careers with a very good idea of what they will face.

A number of larger law firms have or are creating education programs for their new, and even some continuing, associates. Just this morning, I learned from an "alumna" of the former Thacher law firm that she enjoyed her time with Big Law because this firm believed in continuing education for its associates. Also, Howrey recently announced the creation of an apprentice program for all of its new associates, rather than delaying their new hires as other large firms have done. And, in both Canada and England, there is a tradition of "articling," very similar to an apprentice program. In other professions, such as accounting, an apprenticeship is required before granting the Certificate. There are other examples."

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

Source: Law Biz Blog, 3 November 2009

Posted by Tom Kane: "Don't get left behind. My colleague Jim Hassett has talked extensively about alternative fees over on his Legal Business Development blog for months. Jim conducted interviews this year between June and September with many high level people at 37 of the AmLaw 100 law firms. He will publish his survey report next month. You can learn more about his survey, its modest cost and how you can get a copy by reading his post of yesterday.

I have seen a Preview Edition of the report and one statement struck me as quite interesting:

"Some large firms are aggressively pursuing the development of alternative billing, while others are taking a much more conservative approach."

That led me to consider the advantage that small and mid-sized law firms still have over those taking the "conservative approach."  Smaller firms are still  in an excellent position to make in-roads into larger corporations by offering alternative fees while many of the larger firms are still contemplating their navels.

Since many BigLaw firms have a real hard time adapting to a changing environment, more efficient, flexible small and mid-sized firms have a real opportunity to pick up work traditionally "belonging" to larger firms.

You might just want to pick up a copy of Jim's survey report when it comes out next month. In the meantime start planning to let your corporate contacts know just how adaptable your firm is to these changing times."

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

Source: Legal Marketing Blog.com, 12 November 2009

Posted by Penelope Trunk: "Last year I traveled almost every week. Some weeks I traveled to three different cities.

If you are excited about business travel, thinking it's a free ticket to see the world, you should stop reading now. But if you are having trouble maintaining your personal life in the face of tons of travel, these tips from a cynical traveler will make life easier for you.

1. Stick with your priorities...

2. Eat really well...

3. Think of balance in terms of weeks, not days...

4. Get elite status...

5. Do not agree to stupid meetings for geographical reasons...

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

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

In the news: "The unfaithful, in particular, are paying a high price in divorce court for their salacious text messages. Infidelity, bad parenting or threats -- you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over hand-held gadgets."

Read full text

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

Posted by Lisa Kennelly: "We had another great turnout for today's webinar on marketing your blog, with close to 140 attendees.

You can download the chart Kevin used by clicking on the image above. [See source site listed below for graphic] If you were not able to attend, or would like to view the webinar again, you can view the recording on our support site, which also houses several of our previous webinars on a variety of topics.

If you have any questions about anything discussed in the webinar, feel free to contact Kevin (kevin@lexblog.com) or Pam Garfield, our Director of Client Services (pam@lexblog.com)."

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

Source: Real Lawyers Have Blogs, 12 November 2009

From the site: "'Civil Gideon' is now law in the state of California providing counsel to those who cannot afford an attorney in civil cases, predominantly child custody cases and foreclosures. On Lawyer2Lawyer, co-host and attorney, Bob Ambrogi welcomes Attorney Robert L. Rothman, partner of the firm Arnall Golden Gregory LLP and Attorney James J. Brosnahan, senior partner with Morrison & Foerster and member of the California Commission on Access to Justice, to take a look at the impact of this new law in California and how it could potentially change the legal system nationwide.

Special thanks to our sponsor, Clio.

Podcast: Play in new window | Download (Duration: 38:34 -- 27.8MB)

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

Source: Legal Talk Network, 12 November 2009

Posted by Sabrina Pacifici: "This year, it's especially important to have clear information on what you can do to prepare for the flu season. With this in mind, we are happy to share a new feature for the U.S. which allows you to more easily find locations near you for getting both the seasonal and H1N1 flu vaccine. After expanding Google Flu Trends to a total of 20 countries and 38 languages, allowing more people to see near real-time estimates of flu activity, we began brainstorming with the U.S. Department for Health and Human Services (HHS), their flu.gov collaborators and the American Lung Association on the flu shot finder and other ways Google can be helpful to people this flu season. You can check out the flu shot finder at www.google.com/flushot. The same tool will also be available shortly on www.flu.gov and the American Lung Association websites. It's important to note that this project is just beginning and we have not yet received information about flu shot clinics for many locations. In addition, many locations that are shown are currently out of stock. We launched this service now in order to help disseminate information about locations where vaccines are available, and also to make more vaccine providers aware of the project so that they can contribute."

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

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 12 November 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Read more...

Related Resources
• Take a Walk Through Two Drunk Driving Cases"

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

In the news: "Here are the top 10 tips to transition seamlessly a successful legal career, provided by members of the editorial board for The Legal Intelligencer's Young Lawyer. The tips range from practical work tips, like learning the rules of civil procedure, to office-savvy tips, such as making sure to ask questions at the right time and of the right people. And perhaps in a nod to these tougher economic times, the board advises young lawyers not to live lavishly and try to save one-quarter to half of their income."

Read full text

Source: Law.Com's Daily Legal Newswire. 12 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Evan Schaeffer: "That's what Marc Andreessen calls "techniques, tactics, and tricks for maximizing personal productivity." In a long post, he explains some of his favorite tips (some of which I'm paraphrasing)--

• Don't keep a schedule;
• Keep three and only three lists: a Todo List, a Watch List, and a Later List;
• Each night before you go to bed, prepare a 3x5 index card with a short list of 3 to 5 things that you will do the next day;
• Use procrastination to your advantage;
• Be incompetent on purpose when you don't want to be asked again;
• Email only twice a day;
• Don't answer the phone;
• Wear an iPod at work (people are less likely to bother you);
• Say no unless you really want to say yes;
• Do something you love.

There are lots of links in the full post. Waste some time and read them! (Link from Litigation and Trial.)"

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

Source: Beyond the Underground, 11 November 2009

Posted by Jordan Furlong: "As polling samples go, 43 respondents to a survey is not exactly what you'd call statistically significant. So the fact that 43 journalists who cover legal issues gave lawyers poor marks when it comes to explaining the litigation process doesn't prove a great deal. But as Bob Ambrogi at Legal Blog Watch accurately notes, the thrust of the report "rings true" to anyone who has stepped gingerly into the minefield that lies between reporters and lawyers. What's more, not only do journalists apparently take a dim view of litigators, the reverse also holds true, judging from the comments to Bob's post from lawyers engaging in a little media-bashing of their own.

At the heart of difficulties between lawyers and reporters is an absence of trust. I still recall the first time I ever covered an event as a staff writer for The Lawyers Weekly, many years ago. It was an environmental law CLE on a fairly innocuous topic, and I had worked with the presenter at a law firm the previous year. But when he realized I was attending in my new capacity as a journalist, he looked me square in the eye and said: "Don't make me look bad." And keep in mind, I was working for a respected legal trade publication, not the local paper or radio station.

This absence of trust reflects several aspects unique to lawyer-reporter interactions. One is simply ignorance about exactly what the other person does and the mistrust that accompanies it. Another is journalists' inherent dislike of people in positions of influence, the tendency to want to topple pedestals and the elites who stand on them. A third is the lawyer's primary duty to her client's interests rather than to full disclosure of everything she might know or believe, which reporters often take as a sign of insincerity, evasiveness or flat-out lying. And a fourth might be that whenever reporters encounter a publication ban, a libel suit, or the removal of a "potentially litigious" line in a story, there's usually a lawyer at the other end of the process.

But I think the single biggest problem between lawyers and the media is the lack of control that lawyers have over the reporting and publishing process. Lawyers, as you might have noticed, greatly dislike the absence of control. We don't delegate well, we don't like implicit arrangements, and we really don't like it when someone else has final say over our words. The fear of being misquoted drives a lot of the reluctance that lawyers display when a reporter asks them for information or for a quote. I can't tell you how many times over the past dozen years that a lawyer we interviewed asked to see a copy of the article before it was published. But I can tell you how many times we said yes: zero. Our policy was that a lawyer could see his or her quotes to check them for accuracy, but that the article itself was off-limits. Lawyers who prize own their professional independence should appreciate that journalistic independence hinges on the ability to write the article you want to write without interference.

Can the gap between these two professions be bridged? Of course -- there are countless examples of successful lawyer-journalist collaboration that deliver value to all sides while respecting professional norms. The Legal Blog Watch piece and its comments include some useful tips on handling the press. Media organizations could use a list of do's and don'ts as well, but for now, here are a few more ideas that should help lawyers overcome their concerns about dealing with the media.

1. Accept the loss of control...

2. Enact a media policy...

3. Consider recording the conversation...

4. Compile a media database...

5. Start tracking ROI...

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

Source: Law Firm Web Strategy Blog, 11 November 2009

From the blog: "Effective 1/1/11 (not 1/1/10), the Ohio Supreme Court will significantly change the rules for out-of-state lawyers who want to be admitted to practice for a limited purpose in an Ohio case. Under amendments to Rule XII of the Rules for the Governement of the Bar, all pro hac vice admissions will have to go through the Supreme Court's Office of Attorney Services starting in 2011. All applicants will also have to pay a $100 fee and sign an "acknowledgement of Ohio's attorney disciplinary rules and a statement that the attorney has not appeared more than three times in a calendar year in a pro hac vice capacity." Click here for a link to the new Rules in Word format."

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

Source: Cleveland Law Library Weblog, 10 November 2009

In the news: "Social media is dramatically changing the way we communicate inside and outside the workplace, while blurring the distinctions between work, home and play. Employers need to take advantage of the opportunities that the new media offers, while avoiding the liabilities it creates."

Read full text

Source: Law.Com's Daily Legal Newswire. 12 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the blog: "There is a new research guide available for anyone doing work on jury instructions. This guide "helps you find the standard and pattern jury instructions issued by state and federal judiciaries, as well as other sources when those standard instructions do not cover your situation."

From CM Law Library Blog

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

Source: Moritz Law Library Blog, 9 November 2009

From the e-newsletter: "Looking for more and better qualified clients than your current client development strategy is producing?"

Read more...

Related Resources
• More from FindLaw's Law Firm Business Blog

Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 11 November 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Robert Ambrogi: "I am on the "back bench" for this Technolawyer review of a law firm marketing video by traffic-ticket lawyer Jason Diamond: YouLaw: Compelling Screenplay Deserves a Reshoot. My comments along with those of other back benchers are at the end of the review."

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

Source: Robert Ambrogi's LawSites, 9 November 2009

Posted by Evan Schaeffer: "Here's a tip from Ashley Lipson's Guerilla Discovery. To insure you're getting the full story from your client, try asking a question something like the following:

I know that you've told me the truth and I believe you. But we have to prepare for those lying S.O.B.'s on the other side. What kind of lies are they going to tell? Tell me what lying description of the events they are going to tell so I can prepare for them.

Lipson suggests this question for deposition preparation, but it might also be useful during initial client interviews. According to Lipson, it's likely you'll hear some things from your client you didn't know before--things you'll need to know about your client's case before getting in too deep."

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

Source: The Trial Practice Tips Weblog, 5 November 2009

Posted by Chuck Kallendorf : "In a case echoing State v. Bloomer back in June, in which the Ohio Supreme Court held that trial courts "had a statutory duty to provide notice to offenders of post-release control at the sentencing hearing, and any sentence imposed without such notification is contrary to law and void," possibly allowing the release of as many as 15, 000 former prisoners now under post-release supervision, it yesterday found that once the Department of Corrections determines an offender a good candidate for placement in an intensive program prison ("IPP") in lieu of serving the sentence ordered by the court, and notifies the court of that determination, if the court doesn't take any action after ten days, the Department may proceed with placement in IPP and once that inmate completes the IPP can be released.

State v. Roberts [pursuant to ORC §5120.032(B)(1)(b) ]
Roberts' appeal case

Previous post re Bloomer, Oct. 29th.

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

Source: Cincinnati Law Library Blog, 6 November 2009

New Report Provides a History of the Child Pornography Guidelines

Posted by Sabrina I. Pacifici: "The U.S. Sentencing Commission has issued a report, The History of Child Pornography Guidelines, as a first step in its review of the punishment prescribed for the sexual exploitation of children...The Commission has sought to implement congressional intent in the area of child pornography offenses in a manner consistent with the SRA and subsequent legislation. As discussed in this paper, in amending the child pornography guidelines over the years, the Commission has reviewed sentencing data, considered public comment on proposed amendments, conducted public hearings on proposed amendments, studied relevant literature, and considered pertinent legislative history."

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

Source: beSpacific, 8 November 2009

2009 Business Social Media Benchmarking Study

Posted by Sabrina I. Pacifici: "2009 Business Social Media Benchmarking Study 'was designed to assess current trends in the use of social media in North American businesses. Based on 2,948 valid responses to our online Business Social Media Benchmarking Survey during August and early September, 2009, the results provide a very useful benchmark for where businesses, and business people, are finding value in social media across different activities and sites. The study was focused on social media utilization - how people and companies are using social media in a work context today - and not on adoption. All study participants currently used social media in their day-to-day jobs as a resource for business-relevant information and/or worked for a company currently managing, developing or planning social media initiatives.'"

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

Source: beSpacific, 8 November 2009

Tort Bench and Jury Trials in State Courts, 2005

Posted by Sabrina I. Pacifici: "Tort Bench and Jury Trials in State Courts, 2005: 'Discusses tort cases concluded by a bench or jury trial in a national sample of jurisdictions in 2005. Topics include the types of tort cases that proceed to trial, the differences between tort cases adjudicated by judges and juries, and the types of plaintiffs and defendants represented in tort trials. The report also covers plaintiff win rates, punitive damages, and the final award amounts generated in tort trial litigation. Lastly, trends are examined in tort trial litigation in the nation's 75 most populous counties, based on comparable data in 1996, 2001, and 2005.'"

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

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 8 November 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

From the site: "Paralegals are an important part of the trial team, and play a valuable role in jury selection.  On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome one of America's most influential trial consultants, Dr. David Ball, to explore the many ways that paralegals can assist in jury selection and why attorneys should maximize paralegal support at trial.  Dr. Ball explains why paralegals may be under-utilized and why they are ideally suited to help their attorneys during this critical phase of trial work.

Special thanks to our sponsors, Teris, George Washington University, West Livenote, Clio, and the National Association of Legal Assistants (NALA).

Podcast: Play in new window | Download (Duration: 27:45 -- 22.3MB)

Related Podcasts

• March 25, 2009 -- Persuasive Presentation Technology, Jury Consulting Services & Costly Discovery

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

Source: Legal Talk Network, 5 November 2009

In the news: "Online objections to a corporation's products or services -- posted on "gripe" sites by former employees or consumers -- can threaten the target's operations. Although these postings can subject the posters to liability, companies might want to first consider alternatives to litigation."

Read full text

Source: Law.Com's Daily Legal Newswire. 9 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Tom Mighell: "Here's an interesting blog - Technola is a technology blog for legal aid and public interest advocates, with a focus on sharing tools, resources, and best practices for the effective use of technology in the nonprofit legal sector. It's published by Matthew Burnett and Kate Bladow, both of Pro Bono Net."

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

Source: Inter Alia, 6 November 2009

From the blog: "I have a love-hate thing with email newsletters.

On the one hand, I am consititutionally incapable of refraining from signing up for an email newsletter from any business I patronize. Erik see sign up list. Erik sign up. On the other, I occassionally stare at my overstuffed Gmail inbox with the intense desire to nuke the entire thing.

While I will sign up for newsletters with reckless abandon, simply making it into my inbox is no guarantee that I will actually read the thing. In fact, I delete most of the newsletters with the same gusto that I signed up for in the first place. Every once in a while, though, I'll actually read one.

I signed up a while back for an email newsletter from a restaurant near my home (Acme in Carrboro) that I go to now and again. I wouldn't say I am a regular there. I signed up for the email because my mom told me that she really liked the emails she received from Acme. (Don't you get all of your tech tips from your 70 year old mother?) So I decided to give it a shot.

I've been getting weekly emails from Acme for a couple of months now, but yesterday I got one that stood out. I not only read the entire thing, I called my wife over so I could read part of it to her. By the time I finished reading it, I was ready to call Acme for a reservation. As far as email newsletters go, this one was a big success.

All of that got me ruminating on what was so good about this newsletter and how could I (or you) put that to use in my own (theoretical) email newsletters. After reading through it a few times, I pulled out 4 things that made this particular newsletter really work.

1. Be Engaging...

2. Offer Value...

3. Be Personal...

4. Include a Call to Action...

It doesn't matter whether your email newsletter promotes a law practice or a restaurant, the basic rule is the same: don't serve up spam."

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

Source: Law Practice Matters, 26 October 2009

Posted by Michelle Golden: "If you think your website exists primarily for clients, think again.

A lot of firms think about investing in pricey features that would be in a client-only portion of the website. Did you know that only about 1% of clients return to a firm's site after hiring them? And when they do, it's usually to find an address or phone number.

Firms think about adding a payment feature or a document storage tool where clients can get their electronic documents without bothering the firm to send copies. Yikes, how firm-centric are these ideas??

Firms also talk about putting valuable content and tools behind this client-only wall. This is exactly opposite of what your content strategy should be. Put your content and tools "out front" where people can see how brilliant and generous you are.

And recognize other audiences are using your site a lot more than clients ever will.

Clients expect you to personally impart any and all important information to them. Everyone else wants to be able to find it without, or before, having to interact with you.

Most CPA firm website visitors are job seekers; second are prospective clients or referral sources--particularly looking at biographies. Least visited are firms' services pages.

Build your site features and content according to these realities and you'll get a lot more out of your site."

For other great info, visit Michelle's blog at:

Source: Golden Practices, 4 November 2009

Posted by Chuck Kallendorf:

... "The Federal Courts are now taking a number of new steps to ensure that privacy protections afforded under federal rules are followed and are reminding those filing electronically of the their obligation under the law to redact personal identifier information with a message that includes links to relevant rules. An example of the revised login screen was included in PACER's October newsletter. At login to CM/ECF, a message reminds attorneys of their responsibility to redact this private information from the documents they file; the most recent version of this reminder also requires attorneys acknowledge that they have read the notice and complied with the redaction rules. Filers cannot complete the login process without checking the acknowledgement in this recent version.

The latest CM/ECF versions also include a number of other notable changes, including being able to choose whether the client code field should be mandatory when logging into CM/ECF. (See Here)

A new "Court Information" utility is also now available, providing general court information such as hours of operation, court location and phone number, as well as filing information such as the maximum size of PDF files, the court's version of CM/ECF, case flag definitions and more."

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

Source: Cincinnati Law Library Blog, 5 November 2009

In the news: "Law firms are changing the way they hire, evaluate, develop, promote and pay their associates, says consultant Larry Richard. Case in point: the accelerating interest among law firms in moving from the traditional lockstep to a more performance-based "levels" system of compensation. Richard notes that for a levels system to work, a firm needs both well-functioning infrastructure systems and a widely held perception that the systems are fair and accurate. He discusses the major organizational changes required."

Issues discussed include:

UNDERSTAND BEFORE SWITCHING

Here are some of the systems that a firm often has to improve, and at the very least should be paying closer attention to, as part of the transition:

• Evaluation

• Competency Model

• Training and Development

• Workflow

• Leadership

UNDERTAKING THE RESPONSIBILITY

THE COMPETENCY MODEL

MANAGEMENT AND LEADERSHIP ARE KEY

CONCLUSION

Read full text

Source: Law.Com's Daily Legal Newswire. 6 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Tom Kane: "In case you missed "50 Ways to Market Your Practice" in the October 2007 issue of the ABA Journal's Law News Now it is certainly worth looking at, especially by solo's and small firms. Although you might think that some of the ideas are hokey, or would not fit your personal style or your particular practice, it still merits a quick read.

So, take 5 minutes to look over the 50 tips, highlight those that strike your fancy, and then go back later to reflect on your selections more thoroughly. Then, implement those you do like. There is certainly something there for every lawyer.

The list was compiled by Terry Berger, Esq. of Westminister, MD; and apparently many of them came from the ABA's Solosez discussion group, which you might consider joining (you do not need to be an ABA member)."

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

Source: Legal Marketing Blog.com, 5 November 2009

From the e-newsletter: "Since its debut in 2007, millions of people have gravitated toward Apple's iPhone, wooed by its sleek hardware, simple user interface and abundance of applications."

Read more...

Source: FindLaw's Modern Practice: Law & Technology. 5 November 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Robert Ambrogi: "It's true. LexisNexis today announced the release of its application for the iPhone. It is called "Get Cases and Shepardize" and it lets you, well, get cases and Shepardize them simply by entering a citation.

The good news is that the app is free to download from Apple's iTunes store. The bad news is that you will need a LexisNexis subscription to use the app.

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

Source: Robert Ambrogi's LawSites, 5 November 2009

From the site: "The Fourth Amendment of the Constitution gives us protection against unreasonable searches and seizures. But what about a search of your email - is it afforded the same protection?   Co-hosts and attorneys J. Craig Williams and Bob Ambrogi welcome Orin S. Kerr , Professor of Law at the George Washington University Law School and Jason Paroff Esq.,  Director of Computer Forensics Operations with the ESI Consulting practice at Kroll Ontrack to look at the recent opinion handed down by U.S. District Judge Mosman with respect to the Fourth Amendment and email along with our experts' look at what can be retrieved and used in court when it comes to email.

Special thanks to our sponsor, Clio

Podcast: Play in new window | Download (Duration: 33:57 -- 24.3MB)

Related Podcasts

• October 22, 2009 -- Electronic Search and Seizure, Fourth Amendment & Inadvertent Production
• September 16, 2009 -- Email Management: Part Two
• August 11, 2009 -- Email Management: Part One
• July 20, 2009 -- Email Etiquette 2.0
• February 10, 2009 -- The Globalization of E-Discovery - Live From LegalTech NY"

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

Source: Legal Talk Network, 5 November 2009

Posted by Allison Shields: "I recently received a review copy of the new book by Adrian Dayton, Social Media for Lawyers: Twitter Edition. If you're new to Twitter or don't know much about it, this book will get you off to a great start on one of the newest technology crazes. It is a quick and easy read, written in a breezy style by a fellow lawyer-turned-social-media-consultant.

While you may balk at the price (it's $195 on Amazon.com, but you can get it at the link above at $95), if you think strategically about the cost of the book, you may realize it's well worth it. Compare the price of the book to the value of the time you might spend:

• Trying to navigate through Twitter
• Figuring out what application(s) to use to organize your tweets
• Learning about followers
• Creating an effective Twitter profile and
• Using Twitter effectively.

How long will all of that take? What is that worth to you?

Dayton points out that with all of the questions lawyers ask about Twitter, the one you should be asking is, 'Are there people on Twitter with whom I want to do business?" If the answer is Yes, it's time to think about Twitter. But Dayton also cautions that you shouldn't jump to conclusions about who is and isn't using Twitter - social media is becoming increasingly popular, and you might be surprise about who is using it.

This book is filled with very down to earth, practical suggestions about why you might want to consider using Twitter, and how to use it effectively. Without giving away too much of the book, here are a few nuggets:

Create an effective profile...

Those who give will receive...

Use the right tools - and use them well...

Be 'sticky...'

Extend your 'twitterverse' offline...

Use Twitter to enhance lead generation...

For more information and tips on how to use Twitter, get the book. If you're not new to Twitter, the book might be a bit basic for you, but even though I've been on Twitter for several months, I picked up some great tips - I even changed my Twitter profile after reading the book.

Want to see what Twitter is all about? You can follow me here, or follow Adrian Dayton here."

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

Source: Legal Ease Blog, 5 November 2009

From the e-newsletter: "How do you go about choosing a lawyer? What kind of charges can you expect for a lawyer's services? Is low-cost or free legal help available? If you are thinking about hiring a lawyer, FindLaw's "Guide to Hiring a Lawyer" can help you find the information you need, with general and legal issue-specific information."

Read more...

Source: FindLaw's Public Advisor. 5 November 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by John Jantsch: "Marketing podcast with Nick Morgan (Click to listen, right click and Save As to download - subscribe now via iTunes

Trust - can't get enough of that as a brand, business, or person these days. Everyone knows that, but what they may not know is that there are things each of is doing that may be unintentionally eroding trust - particularly when it comes to the topic of speaking and presenting.

In this episode of the Duct Tape Marketing podcast Nick Morgan, author of Trust Me, talks about trust, authenticity and charisma and how anyone can use it to their advantage as a public speaker.

Charisma is a tricky thing, but I love his definition: The expression of emotion. It's a tool that can be learned and practiced.

Pay close attention to his thoughts on using or not using PowerPoint.

Check out a recent blog post from Nick: 10 Commandments of Public Speaking

Nick Morgan shows how anyone can be an effective speaker by presenting an image of authenticity and respect for their audience, whether in a group presentation or a one-on-one conversation. He presents a four-step process, perfected in his teaching at Harvard, that enables the reader to use their own personal speaking style while becoming a more persuasive and charismatic communicator and leader.

The four steps of Nick's system
1) Openness
2) Connection
3) Passion
4) Listening"

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

Source: Duct Tape Marketing, 5 November 2009

Posted by Douglas Keene: "A recent report from the Pew Research Center focused on the partisan differences in various television news networks audiences. Specifically, they reported that Fox News attracts more Republicans while CNN and MSNBC attract more Democrats. We were not shocked.  An interesting caveat to this preference was that more Democrats listen to Fox News than Republicans listen to CNN or MSNBC.  Again, we were not shocked.

 An earlier Pew report looked at print media and reported that Republicans view the New York Times negatively by a margin of roughly 2:1 while Democrats see NYT positively by a 5:1 margin. Republicans like the Wall Street Journal and Democrats tend to like WSJ as well. When asked about radio news, NPR is also liked by both Democrats and Republicans (although Democrats like it a bit more).

So what does this have to do with litigation advocacy?

A lot. As a litigator on either side of the aisle, your task is to reach across the cultural divide and appeal to the hearts and minds of your jury.  Including the ones that are not predisposed to love your case.

• That means knowing what and how 'they' think.
• It means knowing what buzzwords open some minds and close others.
• It can mean either avoiding those buzzwords or strategically using them.
• It means tapping into universal values while avoiding landmines that elicit opposition to your client.

How do you do all those things? A simple way might be tuning into either Fox or CNN/MSNBC depending on what you're normal viewing/listening preferences are (do the opposite).

• Learn what "they" are thinking.
• Identify strategies to make your presentation more broadly appealing.
• Identify what you would do/say if you were opposing counsel. How would you counter that interpretation in your case presentation?
• How does your specific fact pattern play into the partisan divide in our country? What underlying values appeal to all of us?
• What specific words do you need to avoid?
• What images do you want to refrain from evoking?
• Think of your language as evoking 'we' not 'they' or 'us against them' images.

In short, do what those Democrats who are listening to Fox News are probably doing: know the opposition perspective and use that knowledge to inform your approach."

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

Source: The Jury Room, 2 November 2009

From the e-newsletter: "Unless the job finds you first, you are the one who will be charged with leading the search party for a new position."

Read more...

Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 4 November 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Kate: "A post at MyShingle.com asks whether lawyers should suggest not only going to the Better Business Bureau with complaints that are too small monetarily to sue over, but also whether lawyers should now suggest using social media to start a viral campaign telling everyone the issue.  See the post here.   My initial thoughts: just be careful what you post is not libelous and complies with other laws.  Some people get so angry, they get carried away.  But if they can stay within the laws and are not breaching any contract by doing so (such as confidentiality provisions), and can take the risk that it might provoke other issues with that company if there is any ongoing relationship, then go for it."

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

Source: Kate's Blog, 23 October 2009

Posted by Jim Calloway: "Since the topic of lawyers marketing with Twitter has been discussed a lot lately in various forums, I couldn't resist giving my opinions with "Can a Lawyer Really Use Twitter to Market a Law Practice?" in the Oklahoma Bar Journal this month. I outline one plan to try to do so that a solo or small firm lawyer could use. I'm not saying this is the only plan and those lawyers who already love Twitter will find their own ways. I still believe most lawyers are too busy to use Twitter just for marketing. But lawyers who enjoy playing around with Twitter may find that they get business from it, as is true with many other activities.

UPDATE: Nearly one in five (19%) online Americans now uses Twitter or a similar service to post and share updates about themselves, or to see updates about others, according to the latest survey data from the Pew Internet & American Life Project."

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

Source: Jim Calloway's Law Practice Tips Blog, 27 October 2009

Posted by Tom Kane: "The Association of Corporate Counsel (ACC)'s Value Index was announced and shared with members at last month's annual meeting in Boston. As reported in my earlier post, the criteria for measuring outside law firm's performance is based on a grading system from 1 (poor) to 5 (excellent) relating to the following service areas:

1. Understands Objectives/Expectations
2. Legal Expertise
3. Efficiency/Process Management
4. Responsiveness/Communication
5. Predictable Cost/Budgeting Skills
6. Results Delivered/Execution

Joyce Smiley in her November issue of "Verbatim" relates that a key question is also part of the index; to wit: "Would you use this firm again?;" and the ACC encourages "law firms to adjust their client satisfaction criteria to match the Value Index."

A wise move. Suffice it to say, every firm should ask at least their key clients how they stack up against those six criteria whether their in-house counsel belongs to ACC or not. And such inquiries should be made by the managing partner or an outside third party, but not the attorney(s) working on the clients' matters. A firm is more likely to get honest answers that way."

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

Source: Legal Marketing Blog.com, 3 November 2009

From the site: "It's no secret that today the medical malpractice area is one of the most difficult areas of litigation. Plaintiffs not only have to deal with the physical effects of medical malpractice but also the challenges that they face in the courts.  On this edition of Ringler Radio, host Larry Cohen welcomes Attorney Barry J. Nace, senior partner at Paulson & Nace in Washington DC to look at the process for the medical malpractice plaintiff in the trial court and specifically deal with how the biases of some judges can affect the result.

Podcast: Play in new window | Download (Duration: 34:10 -- 29.7MB)

Related Podcasts

• October 20, 2009 -- ER Errors: Medical Negligence & Prevention
• September 24, 2009 -- The Great Debate over Medical Liability Reform
• September 22, 2009 -- The Medical Profession's Relationship with the Legal Profession
• September 8, 2009 -- Being a Plaintiff Attorney...and More
• September 4, 2007 -- Issues in Medical Malpractice

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

Source: Legal Talk Network, 3 November 2009

In the news: "Can employees retain attorney-client privilege for e-mails sent to their lawyers using employer-provided e-mail and computers? Attorney Anthony E. Davis seeks to reconcile apparently inconsistent decisions, and to aid in advising clients on avoiding the risks such communications pose."

The article also includes information for:

PUBLIC POLICY ARGUMENTS

REPRESENTING EMPLOYEES

REPRESENTING EMPLOYERS

Read full text

Source: Law.Com's Daily Legal Newswire. 5 November 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Bruce Carton: "I've seen a couple of legal blog posts lately that discuss invoices for legal services, and some creative (although arguably unlikely) ways in which that practice might evolve for lawyers. A post on Lawyerist.com last week suggests that lawyers who are having trouble collecting from clients might want to introduce some "emotion" into their invoices.

For instance, Lawyerist writes, a lawyer might "paperclip a picture of your daughter's soccer championship, or you and your spouse volunteering at a local event. Or maybe even include a personal photo as part of your invoice." Doing so, Lawyerist adds, may help humanize the lawyer sending the bill and possibly bump that invoice to the top of the to-be-paid pile.

Earlier this year, Matt Homann of the [non]billable hour blog wrote here that he uses a novel, "You Decide Invoice" in his legal consulting practice that he believes lawyers might want to experiment with. On his invoice, it states that:

The rules are simple: you pay us what you feel we were worth to you. You decide, no questions asked. The only rule? We want to know why you paid what you did, and how we could have done better.

At that time, Homann wrote, he had always received at least as much as he expected to receive, and usually more than he would have charged if he had established the price up front.

Are any lawyers out there using non-traditional invoices in their practices? How has it worked?"

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

Source: Legal Blog Watch, 3 November 2009 

Posted by Penelope Trunk: "Someone once asked me to think of a moment in my childhood that was really nice. I thought of one.

Wait. You think of one, now. Quick. Just any one...

So I thought of a time:  it was in my grandparents' huge yard with fruit trees and flower gardens and grass for running. And it was so peaceful.

What you remember as really nice tells you something about where you belong. Whatever you thought of, learn something from that.

Where I belong is in nature. And in quiet. When I lived in New York City, I spent most of my time in Central Park and the Brooklyn Botanical Garden. Most people who live in New York City say they spend a lot of time in Central Park. I almost lived there. I thought I would die if I didn't go there each day. (Wait. Here's a test to see if you belong in New York City. I definitely don't.)