By Marin Feldman | Monday, May 24, 2010
Originally published on May 17, 2010 in our free BigLaw newsletter.
Two weeks ago, I received my New York State attorney registration form in the mail. It asks me to certify by June 16th that I've taken the mandatory number of Continuing Legal Education credits in the past two years and solicits my "biennial registration fee" of $350. Of course, those of you toiling away in large law firms can earn all your credits at your firm and even have your firm pick up your registration fee — but that doesn't mean your CLE experience couldn't stand some improvement.
MCLE: GOING THROUGH THE MOTIONS
Requiring lawyers to continue learning is a great idea in theory. But in practice, the mandatory CLE (MCLE) system fails miserably at this mission. MCLE amounts to little more than an expensive hassle (time-wise if not monetarily) in which the educational value gets lost in the mix. New York State may ask me to register my license to practice, but I would rather register my protest … against the current MCLE system.
If you're like most other Biglaw attorneys, you probably choose the CLE classes you attend based on the type and number of CLE credits offered, not the relevance to your practice area. For example, if you're short ethics credits as your certification date approaches, you'll likely attend a class on mediation ethics issues even if you're a tax attorney. The class may be interesting, but it arguably won't help your tax practice.
Even worse, let's say you skipped all your in-house CLE lectures and now have to cram by attending a three-day seminar in some hotel ballroom. Look to your left and look to your right — you'll no doubt see fellow lawyers focusing more on their BlackBerrys than the lectures.
MCLE creates a perverse incentive system.
And it's also tantamount to a regressive tax as those lawyers least able to afford CLE have to pay the most. In New York, CLE providers must offer fee waivers or fee reductions to attorneys who earn less than $50,000 per year, but that's small comfort for those who don't qualify.
THREE SUGGESTED CHANGES
Encouraging attorneys to hone their legal skills and knowledge is a worthy goal. Thus, rather than eliminate MCLE we should instead try to change it from within the system and without so that it actually achieves its purported goal.
1. Practice Area Emphasis
States could require attorneys to obtain CLE credits in their area of practice on a rolling basis. Restricting how lawyers can earn their credits would be more of a hassle than the current MCLE system, but states could reduce the number of credits required.
2. Level the Learning Field
States could also increase their registration fees, but set aside most of the funds in private accounts for each lawyer to use on MCLE courses. Large firms that offer in-house CLE would not be eligible to receive any funds. Thus, the haves and have nots in the legal profession would effectively pay about the same for MCLE.
3. Post Mortems
Not every change has to come from the outside. Taking a page from hospitals, large firms that offer their own in-house CLE could use these programs to conduct post mortems on the firm's recently concluded casework. For example, lecturers could share best practice and mistakes, which vendor they chose for an eDiscovery job, an interesting court opinion that helped win an oral argument, etc. These post mortems would have the added benefit of giving junior associates public speaking experience.
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By Sara Skiff | Thursday, April 22, 2010
Coming today to Answers to Questions: Jason Havens discusses why and how his firm switched to Macs, J Homel shares his strategy for handling retainer fees, Ruth Laura Edlund explains how to best use Time Matters Messenger, Frank Lanigan reviews DictaNet for phone dictation, and Simon Kogan discusses dual monitors. Don't miss this issue.
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By Sara Skiff | Tuesday, April 20, 2010
Coming today to TechnoFeature: A Neanderthal lawyer rises to his feet at the front of the cave and says, "Me welcome you. Speaker biographies already in binder, but me take ten minutes to read them out anyway. But first, me have housekeeping announcements …" All these centuries later, continuing legal education programs have not changed much. But lawyer, law firm management consultant, and blogger Jordan Furlong sees a shift from the past on the horizon. In fact, some changes have already occurred with more on the way. In this TechnoFeature article, Jordan chronicles the creative destruction at work in the CLE industry. The days of dim hotel ballrooms and tasteless sandwiches of questionable freshness may be drawing to a close.
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By Sara Skiff | Friday, February 5, 2010
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By Lee Rosen | Monday, February 1, 2010
Originally published on January 26, 2010 in our free SmallLaw newsletter.
Just the word "networking" strikes fear in the heart of otherwise amazing lawyers. For some reason the idea of talking to people we don't know causes our stomachs to turn, and find an excuse that precludes us from attending the networking event. Fortunately, it's possible to meet potential referral sources, without going to a networking event. Think CLE.
It's so much easier to meet people when it doesn't feel like the whole point of an event is to meet people. Many of us in the small firm world obtain referrals from fellow lawyers. Most lawyers constantly field requests from friends, family and clients for a referral to appropriate counsel. The more lawyers you know, the more calls you'll receive.
Continuing legal education events offer an excellent way to meet other lawyers. Most of us don't think of these programs as networking opportunities. Mostly we think of them as a dreaded requirement. However, you'll grow to love continuing education courses if you make them a source of new clients using the 10 tips below.
- Pick education programs that present opportunities to meet referral sources. Think through who will attend the program. Your competitors? If so, don't go unless you're going to pick up business from their conflicts of interest. Lawyers with high volume practices (i.e. residential real estate, traffic ticket attorneys, etc.) who can make plenty of referrals? Make sure you target your efforts carefully.
- Make it your goal to meet as many people as possible. Sit down in the middle of a crowd. Introduce yourself to everyone nearby. Ask them questions and learn about their practices.
- Bring a pile of your business cards and be prepared to collect cards from everyone else.
- Prepare your elevator pitch and deliver it at every opportunity. You can assume people will ask what kind of law you practice. Have a good, memorable answer. Make sure it includes your practice area, geographic area, etc. Practice it in advance.
- Get to know the speakers if it's a live presentation (I suggest you only attend live presentations). It's easier to connect with the speakers if you sit in the front. You can ask questions and you can pop up and meet them when they finish. The speakers are usually movers and shakers and are well worth getting to know.
- Meet the course planners. Like the speakers, they are usually well-connected leaders. You want to meet them and have them remember you. Connect with them, give them your elevator pitch, and hand them a card. Maybe they'd like to have you speak at an upcoming session.
- If lunch is provided, don't sit with your friends. Meet some new people over lunch and get to know them. If lunch isn't provided, invite someone you meet to go with you to lunch. Even better, organize a group to go out.
- Spend as much time as you can manage out in the hall chatting with people. Don't worry about missing parts of the program (if this strategy works for you, you're going to get far more credits than you need).
- If you attend a two-day program, arrange to have dinner with a group. Don't eat alone. Be the organizer. Make it happen even if it means making an announcement and inviting everyone. If you cast yourself into a leadership role, others will view you as a leader.
- Follow up. Take the cards you've collected and follow up with each person. Send a note, arrange a lunch, or plan a coffee. The follow-up is the key. You will not get referrals from these people if you don't follow up. Follow-up is a mandatory part of this marketing plan.
Continuing education can provide you with practical knowledge. It can also provide much more. If you have to sit there anyway, you may as well use your time to meet people who can refer new clients to you.
Written by Lee Rosen of Divorce Discourse.
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Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.
By Sara Skiff | Thursday, December 3, 2009
Coming today to Answers to Questions: Gary Garland reviews Time Matters for small firms, Roy Greenberg reviews Amicus Attorney Small Firm Edition 2009 and provides some tips for installation, Elizabeth Markus reviews Snagit and PaperPort for capturing Web pages, Jeff Harris shares a tip for finding cheap Endicia postage labels, and Michele Gressel reviews HP's Word 2007 online tutorials. Don't miss this issue.
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By Ross Kodner | Wednesday, November 4, 2009
Originally published on October 26, 2009 in our free SmallLaw newsletter.
When I'm on the road speaking, people most often ask me about practice (case) management systems. Practice management systems focus on tying everything together. In doing so, they integrate with various other programs on the typical law practice computer system: billing systems, word processors, document managers, email accounts, and more.
As we approach the end of the first decade of this century, a growing number of law practices can finally achieve the "holy grail" of practice management systems — a single point of entry for all client and case file information. Below you'll find some of my favorite tips (or "hacks" in the SmallLaw vernacular) for pushing the practice management usage and integration envelope.
1. Does It All Connect?
Check all your key software systems for the ability to integrate with your practice management system. Most practice management systems tightly integrate with Microsoft Outlook, enabling you to tie email messages sent and received (and attachments) directly to client files. Most can also integrate with document management systems like Worldox, enabling you to connect every document created, received, scanned, etc. to client files.
Also, before you sign your life away on a new smartphone contract, make sure you understand how it will sync with the software you currently have or plan to implement. It does you no good at all to buy a shiny new BlackBerry Storm only to find that syncing requires two steps using Microsoft Outlook via some version of BlackBerry Professional or Enterprise Server. Or that your new iPhone can only sync in real-time with your practice management system via Outlook's ActiveSync system, which requires a Microsoft Exchange Server.
Regularly check the practice management program vendor's Web site for any updates and patches. Staying up to date will keep the links to all the integrated software you use in good working order.
2. Automate Your Time Entry
Enter all your time and your to-dos in your practice management system. Not only will you stay on top of all aspects of your open files, but it will also make it more likely you'll bill all your time, rather than have those little "tenth-ers" dribble away. Many practice management systems can then either automatically (or semi-automatically) convert to-dos, calendar entries, and case notes into time entries — automatic is good!
3. Save and Make Money With Your Smartphone
Most professional liability insurance companies still require duplicate calendars. Check with your carrier to see if using a smartphone's calendar that syncs to your practice management system will count as calendar number two.
And since you'll always have your smartphone with you, enter time on the road. Many legal billing systems offer handheld time entry capability directly or through add-on services like MonetaSuite, AirTime Manager, or Proximiti WorkTRAKR.
4. The Backup of Last Resort
Do you have my ultimate backup plan in place? If not, your smartphone may save you more than money. Using a smartphone or synced laptop/netbook is also a mini "better than nothing" backup for your practice management program. Keep your device with you and not at the office to safeguard your data.
5. Get the Right Training
Learn how to actually use your practice management and billing programs, the links between them, and how they interact with your portable tools: smartphones, laptops, netbooks, etc.
You could read the manuals yourself, but consider professional training as an alternative. Be very picky and selective about who trains you.
If you were accused of a serious crime, would you hire a first year wet behind the years criminal law rookie to defend you? Of course not — you'd hire the best criminal defense lawyer you could afford. Why wouldn't you take the same approach in finding and hiring a practice management system consultant/trainer?
Your practice management system will interweave itself into the very fabric of your practice. Allow plenty of time for implementation, training and learning. It won't happen overnight but is well worth the time invested.
Any practice management system, properly selected, and well implemented, will give any firm a sizable return on investment. But the converse is also true however — a poorly selected, badly implemented practice management system will become a sinkhole into which you pour otherwise billable time. So get it right!
Written by Ross Kodner of MicroLaw.
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Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.
By Ross Kodner | Monday, October 5, 2009
Originally published on September 28, 2009 in our free SmallLaw newsletter.
On January 1st, I donned my Rosstradamus hat and robes, gazed into my crystal ball, and published 30+ legal technology predictions with a bent towards the solo and small firm world in which I spend much of my professional time. How have my prognostications played out after nearly nine months? Let's take a look at ten of them.
1. At Least 10% of the Amlaw 100 Law Firms Will Fold By The End of 2009
Fortunately for large firms, my prediction was somewhat overstated. Four significant firms failed: Thelen, Heller, Wolf & Thatcher, not the ten that I had predicted. However, the large firm landscape has clearly shifted, perhaps permanently (see #2 below). More than a few larger firms have delayed the start dates of new associates or announced moratoriums on new hiring. While all is not that well, I'm glad most of these firms avoided an apocalypse.
2. The Rise of BigSolos
I've received flack for coining this term, but I'm not sure what else to call them — emigrants, escapees, laid off, downsized lawyers from megafirms who decide to go the solo or small firm route.
My prediction was right on the money. More and more BigSolos continue to stake out their self-shingled territory. I'm working with several, helping them make the transition from mega-office to being on their own.
3. Software as a Service Makes Serious Inroads
Again, I was correct — just look at the continually growing success of SaaS practice management systems such as Clio and Rocket Matter, as well as billing management like Bill4Time and Web-based eDiscovery products. Expect the SaaS market to heat up, especially for smaller and more frugal firms throughout the next several years to come.
4. Twittering Will Eclipse Blawging for Small Firm Marketing
Whether it's Twitter, Facebook, or LinkedIn, social media use for business development has exploded. Who would have expected blawging to feel almost passe in comparison?
5. Windows Vista Will Quietly Disappear From the Scene
Windows 7 will be released in October. No one will mourn the death of Vista. It deserves to die.
6. Netbooks Will Replace Ultralight Laptops in Small Firms
Netbooks have indeed virtually destroyed the pricey ultralight laptop marketplace. I see more and more small firm lawyers using netbooks with port replicators as desktop replacements. Running 3-4 major apps with 2 GB of RAM seems to work surprisingly well — and the pricing is spot on for these troubled economic times.
7. Practice Management Systems Move Past 10-20% Adoption
This was more a hope than prediction. There is definitely a renaissance period underway for all practice management systems, whether newer generation SaaS tools (see #3 above), or more traditional locally installed systems (especially STI's PracticeMaster as it continues its Tabs3-fueled rise in market share and reputation). More small law firms than ever now see the light, acknowledging that not having a practice management system is tantamount to … well, insanity.
8. More Firms Will Get a Clue About Data Backup and Learn That Online Backup Alone Is Not Adequate
Sadly, I think we've made little progress in this regard. Online backup systems have matured, not in a necessarily positive way. Maturity can mean outsourcing of tech support offshore, creating nightmarish situations in which backups don't work reliably, and worse, restores don't occur. My revised prediction — backups will come full circle to local, full system backups but with smarter devices that simultaneously replicate and mirror data offsite.
9. Virtual Law Practice Will Rise in Popularity, Especially Among Solos
I couldn't have been more accurate as more and more small firm lawyers share office space, take advantage of executive suites offered by Regus and others, or set up a home office. It's all about cutting costs to maintain, or ideally, maximize profits. Expect more of the same for small firms that often just don't have any real need for traditional office space.
10. Interest in CLE on Legal Technology Will Increase
Speaking from my own experience, I see larger and larger turnouts at practice management and legal technology-oriented CLE programs. Polling of attendees shows, admittedly anecdotally, that the majority of audience members work in firms with fewer than 20 lawyers.
It seems that small firm lawyers are taking the time to bone up on smarter ways to run their practices, as opposed to just cramming on substantive CLE. Most attendees seem driven by a desire to minimize non-billable administrative time, and maximize billable/salable time.
Not Too Shabby
Overall, my nine month old predictions fared well. Let's hope for continued progress among all solos and small law firms as we head into 2010.
Written by Ross Kodner of MicroLaw.
How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.
By Neil Squillante | Monday, September 28, 2009
A decade ago, the Web sites of Major League Baseball (MLB) teams mirrored the standings. Wealthy teams like the Yankees had the best sites. Recognizing this disparity and the growing importance of the Web, MLB persuaded the teams to dismantle their individual sites, and join forces under the mlb.com domain name. Nowadays, the team sites share a similar layout, features, and navigation. MLB and the teams have enjoyed enormous financial success as a result of this collective effort.
The Web sites of today's state bars resemble the MLB team sites of yesteryear. Some offer a better design and better content than others. Although the state bars do not belong to a centralized organization like MLB, they should consider teaming up on the Web under a shared domain name.
Notwithstanding the differences among state bars, they more or less perform the same functions, resulting in considerable overlap among their online needs — similar to baseball teams. Consider the benefits of an MLB-style network of state bar Web sites:
- Lower Costs: By splitting the cost of the underlying infrastructure and the people require to manage it, state bars would save money and have a better Web site than they could afford on their own.
- More Content: Shared technology would also enable state bars to spend more time and money on content, resulting in greater loyalty among their members and more search engine traffic.
- More Revenue: State bars have ceded revenue opportunities to startups such as Avvo (lawyer ratings) and LegalMatch (client prospecting). With an advanced technology platform, state bars could collectively compete for this revenue with offerings of their own. In fact, it's shocking that state bars don't dominate the lawyer ratings and search marketplace given their natural advantages such as mandatory membership.
- CLE Partnerships: It's unlikely that every state bar would agree to the same CLE rules, but if they could agree on what an online CLE course should entail, they could pool online CLE courses and share revenue. For example, if a Florida lawyer takes a CLE course created by the State Bar of Texas, the Florida Bar might receive a 15% commission.
- Autonomy: I don't find it confusing when I visit the Yankees site at newyork.yankees.mlb.com. Similarly, each state bar association would retain its identity as an independent organization thanks to their own sub-domain and tools to publish state-specific content such as ethics rules, a live events calendar, the staff address book, etc.
A Long Shot But Not Impossible. What About Voluntary Bar Associations?
We've worked with several state bars over the years. Although some state bar executives have the authority to close deals, others must receive approval from committees that don't meet frequently.
Therefore, such an initiative would face an uphill battle. But such collaborations have occurred in other industries. For example, the movie studios created the MPAA for film ratings and other functions. Also, most state bar executives already know one another — it's a small world.
A coalition of state bars with a common Web presence would likely pose a threat to voluntary bar associations. However, there's no reason why voluntary bar associations can't create a network of sites as well. In fact, many local bar associations struggle with their Web sites given their small size and budget. Their need to share Web development resources is even more pressing than that of the state bars.
With baby boomers about to start retiring, the majority of lawyers will inevitably demand better online resources from their state bars and especially from voluntary bar associations. MLB has hit a home run with its network of team Web sites. State bars and their voluntary counterparts should take note and steal this strategy while they still have time to win the online game.
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A TechnoEditorial is the vehicle through which we opine and provide tips of interest to lawyers, law office administrators, and others in the legal profession. We link to each new TechnoEditorial and much more in our BlawgWorld newsletter, which is free. Please subscribe now.
By Neil Squillante | Monday, August 10, 2009
Coming today to BlawgWorld: Our editorial team has selected and linked to 65 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:
The State of the Blawgosphere (Podcast)
Private Equity Considers Investing in U.K. Law Firms
Don't Be a Stranger
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