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The Scoop on LawLoop Plus 97 More Must-Reads

By Kathryn Hughes | Tuesday, February 7, 2012

Coming today to BlawgWorld: Our editorial team has selected and linked to 98 articles from the past week worthy of your attention, including our Pick of the Week. Here's a sample:

A Review of Lexis Practice Advisor

Scanning on the Go, Wirelessly

Law Firm Headcount Up, but Demand Down (PDF)

A Lawyer's Claims Online Gets Him in Hot Ethical Water

Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Copiers/Scanners/Printers | Laptops/Smartphones/Tablets | Law Office Management | Marketing/Business Development | Technology Industry/Legal Profession

Technology and the Intergenerational Law Firm Plus 128 More Must-Reads

By Kathryn Hughes | Wednesday, February 1, 2012

Coming today to BlawgWorld: Our editorial team has selected and linked to 99 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Document Management Tips

Apple's Disguised Docking Station for Laptops

Alternative Fees 101: Oxycodone Cannot Replace Billable Hour

RFP Attorney: A New Client Development Platform

This issue also contains links to every article in the January/February 2012 issue of Law Technology News. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Document Management | Laptops/Smartphones/Tablets | Law Office Management | Marketing/Business Development

Smartphone GPS Apps and Data Usage; Reviews of Best Authority, TimeSolv; Business Card Scanning; Client Screening

By Kathryn Hughes | Friday, January 27, 2012

Today's issue of Fat Friday contains these articles:

Cynthia Zook, Tips For Migrating From DOCS Open To Worldox GX2

John Peters, How To Add Hidden Searchable Terms To Documents

Colm Carberry, Review: Olympus Digital Recorders (Two Little-Known Features)

Jennifer Stiller, Review: MaxEmail For Fax-to-Email Plus Number Porting

Don't miss this issue — or any future issues.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Accounting/Billing/Time Capture | Business Productivity/Word Processing | CLE/News/References | Coming Attractions | Copiers/Scanners/Printers | Fat Friday | Gadgets/Shredders/Office Gear | Laptops/Smartphones/Tablets | Law Office Management | Litigation/Discovery/Trials | Online Services

Capture Contact Information in Email Plus 105 More Must-Reads

By Kathryn Hughes | Monday, January 23, 2012

Coming today to BlawgWorld: Our editorial team has selected and linked to 105 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Legal Forms for the Price of a Song on iTunes?

The Most Tech-Friendly Airports and Airlines

Female Lawyers Make Their Own Tracks to Success

Law Firm SEO Is Not An Advertising Strategy

Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Laptops/Smartphones/Tablets | Law Office Management | Marketing/Business Development | Technology Industry/Legal Profession

Google Tips for Lawyers Plus January 2011 Issue of Law Practice Today Plus 106 More Must-Reads

By Kathryn Hughes | Tuesday, January 17, 2012

Coming today to BlawgWorld: Our editorial team has selected and linked to 107 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

CES 2012 Recap: Everything You Need to Know (Probably)

Xerox Unveils Mobile Scanner (That's It's Name)

Nice Perk if You Can Get It: Law Firm Offers Free Massages

The Problem With Ambulance Chasing

This issue also contains links to every article in the January 2012 issue of Law Practice Today. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Copiers/Scanners/Printers | Laptops/Smartphones/Tablets | Law Office Management | Marketing/Business Development | Technology Industry/Legal Profession

Stop Ads From Following You; A New Year's Resolution for Law Firms; iPhone 4S Review; Client Satisfaction; Agent Ransack Review

By Kathryn Hughes | Friday, January 13, 2012

Today's issue of TL Answers contains these articles:

Neil Squillante, How To Stop Advertisements From Following You Around The Web

Edward Zohn, A New Year's Resolution For Law Firms

Robert Sidell, Review: IPhone 4S (Why I Upgraded From An IPhone 4)

Helen Wilkie, The Key To Client Satisfaction

Caren Schwartz, Review: Agent Ransack For Desktop File Searching

Don't miss this issue — or any future issues.

How to Receive TL Answers
Do you believe in the wisdom of crowds? In TL Answers, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The TL Answers newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Backup/Media/Storage | Business Productivity/Word Processing | Coming Attractions | Fat Friday | Laptops/Smartphones/Tablets | Law Office Management | Privacy/Security

GroupWise to Exchange Migration; Dragon Review and Alternatives; SimplyFile Review; Multiple Monitors Tips

By Kathryn Hughes | Thursday, January 12, 2012

Today's issue of TL Answers contains these articles:

Ay Uaxe, How to Migrate From GroupWise to Exchange: Two War Stories

Steven Silberman, Review: Dragon NaturallySpeaking From a Solo's Perspective

Kurt Walberg, A Fan of Multiple Monitors Offers Some Tips

Richard Schafer, Review: SimplyFile for Archiving Client-Related Email

Don't miss this issue — or any future issues.

How to Receive TL Answers
Do you believe in the wisdom of crowds? In TL Answers, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The TL Answers newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Dictation/OCR/Speech Recognition | Document Management | Email/Messaging/Telephony | Law Office Management | TL Answers

SmallLaw: The Day After: Top Five Tips for Preventing Unthinkable Disasters From Crippling Your Small Law Firm

By Erik Mazzone | Friday, December 23, 2011

Originally published on August 30, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

With Hurricane Irene just recently having rumbled her way through my adopted home state of North Carolina — including making a mess of our beautiful Outer Banks and eastern regions — disaster preparedness (or business continuity to use a popular euphemism) is on my mind. Watching Irene's progression up the east coast and the trouble she wrought en route, I imagine it must be on some of your minds too.

When we talk about technology, we often engage in a facile and glib debate over operating systems, Angry Birds, and coolness. God knows, I'm a card-carrying member of that club — new and cool is my red meat as regular readers of my SmallLaw columns well know.

But in deference to all the law firms who are digging out from Irene, I want to use this issue of SmallLaw to address how to get your firm as ready as possible for the next Irene Mother Nature throws your way. Below you'll find my top five tips.

1. Go Paperless

The discussion over going paperless in a small law firm often centers on efficiency, collaboration, ethics and mobility, all of which are important facets of the decision.

However, it's not until you wake up one day, however, and your entire office suite is under six feet of water and your paper files have turned to pulp that paperless' importance as a disaster preparedness measure become clear.

Sure, you may only need offsite digital copies of everything once in a career — but the day you need it, you really need it. Offsite backup is a good start, but if only 25% of your key data is digital, you are still sunk when the high waters arrive.

2. Sever Your Servers With Hosted Communications

Floods and natural disasters are good reasons to consider embracing hosted communications — meaning both your email and your phone system. If your communication hubs run out of server boxes in your office and they're under water, they're useless. Sure, some backup strategies can help mitigate this porblem, but if I were running a small firm today, I'd get rid of all my servers — applications, email, documents, telephone — the whole shebang. With Hosted Exchange, Google Apps, and VoIP phone systems, it has never been easier.

3. Centralized Document and Practice Management

According to the ABA's 2011 Legal Technology Survey, the adoption rate of document and practice management software in small law offices remains dismal.

Anecdotally, in my work, I find that law firms regard this software as somewhere between an unnecessary expense and a "nice to have." Much like the decision to go paperless and host your communications, if you imagine having to run your firm the day after a disaster (with all of your employees working remotely from their homes), the decision to centralize document and practice management is not a luxury, but a necessity.

Frequency of need is not the same as degree. You only need an emergency room once in a while, too, but if you didn't have one nearby the day you needed it, you'd be in big trouble.

4. Laptops Over Desktops Plus Smartphones and iPads

I frequently talk with lawyers who debate whether to buy their staff laptop or desktop computers, citing that desktops are cheaper and more powerful. A disaster should convince you that mobility trumps the marginal cost savings and power of desktops.

Laptops have another advantage. When the power goes out, they continue running for a few hours. But even laptops have their limits. Smartphones (and 3G iPads) tend to have a much longer battery life, and can access the Internet via your carrier. Some smartphones can even serve as a mobile hotspot. Law firms have issued smartphones to their lawyers for many years. Some have begun to issue iPads as well.

5. Home Office Essentials

For your lawyers and staff to be productive working from home while your office is underwater, in addition to a laptop they will need an internet connection robust enough to run their VoIP phones, a headset with a microphone, a printer, and a scanner.

Whether you provide this equipment for your staff or require that they provide it for themselves is a matter of your compensation and training systems. Either way, if you want your staff to work rather than just watch Sports Center until your office reopens, they will need the tools to perform their work.

Conclusion

I hope you and your firm survived Hurricane Irene with nary a puddle. But I also hope this article prompts you to prepare for the unthinkable.

Written by Erik Mazzone of Law Practice Matters.

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.

Topics: Copiers/Scanners/Printers | Desktop PCs/Servers | Document Management | Email/Messaging/Telephony | Laptops/Smartphones/Tablets | Law Office Management | Online Services | Practice Management/Calendars | SmallLaw

BigLaw: The Five All-Stars You Need in Your Large Firm Lineup

By BL1Y | Tuesday, December 20, 2011

Originally published on August 2, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

From Ocean's 11 to X-Men, great teams consist of a diverse cast with unique skills. You can't make a team of quarterbacks any more than you can make a team of linemen or even shortstops with 3,000 hits. But in large law firms there are no formal positions. To help you build a 1998 or better yet a 1927 Yankees from the law students wrapping up their summers, the midlevels flooding your human resources department, and the partners at competing firms dropping hints at your squash club, this issue of BigLaw identifies the five types of lawyers you need among your ranks to win that championship ring — and boost your profits per partner.

1. The Commander

A leader is anyone with a big enough office or tall chair, but a Commander actually makes the trains run on time. If your junior associates have to ask basic questions like research deadlines, someone at the top is not doing his job. Good Commanders foresee and immediately put an end to potential problems, believing they are responsible when a subordinate fails.

Where to Find Them

Look for straight talk and a lack of ambiguity. When you ask about leadership positions they've held, they'll talk less about the organization and more about what they accomplished.

Potential Problems

The Commander needs to be able to issue marching orders without approval of a committee or anyone's blessings. Make it clear who is in charge of a matter, what authority they have, and then step back. Mixed signals and confused leadership hurt morale and turn simple projects into quagmires.

2. The Strategist

In litigation, the Strategist is a master of procedure and evidence, able to predict the opposition's strategy. On the corporate side, they will spot pitfalls in a deal structure or poor executive incentives. In estate planning, they can sniff out who needs a pre-nuptial agreement, and when sibling rivalries will put the family business in jeopardy.

Where to Find Them

Strategists love games, but hate leaving things to chance or other people. If he's a poker player, he doesn't think in terms of the hand in front of him (too much luck involved), but how his playing style will hold up over the next five years. Chess enthusiasts can be a red herring — the rules are too esoteric and the skill doesn't always translate to other strategic situations.

Potential Problems

Strategists seek out high level competition, which can leave them vulnerable to seemingly inferior strategies much like a Cold War military machine is vulnerable to guerillas. A behavioral economics background will make this debility less likely, but don't be afraid to bring in the second-string to play defense while the strategist plays offense.

3. The Super Genius

An LSAT score of 167-168 automatically qualifies one for Mensa membership. Virtually everyone at a top law school is a "genius." The Super Genius is a different species — the same way 6'2" is tall, and then there's Shaq.

This person combines top-notch analytical skills with a memory like a sponge, enabling them to dig through information and concepts to amazing depths your average smarty-pants can barely fathom. Judges quote these lawyers in their opinions (see e.g., Eugene Volokh).

Where to Find Them

Super Geniuses exist in every field. But in the humanities it's unclear who's who. The 170 and 120 IQ English majors earn the same 4.0. Improve your odds at landing a Super Genius by looking for people who excelled in chemistry, computer science, math, physics, and perhaps biology if you're desperate.

Potential Problems

Super Geniuses have a terrific work ethic, but not for mundane matters other lawyers can handle. They need to be on the cutting edge. If you don't have an appellate case for the Super Genius to work on, don't assign her to a document review. Instead, give her an article or amicus brief — or send her to an advanced NITA course. The prestige she brings your firm will offset her lower billable hours.

4. The Puck

Despite the negative stereotypes it perpetuates, there are times when you will need to frustrate opposing counsel, derail a deposition, or make a witness succumb to a case of word salad on the stand. The person you want for these necessities is The Puck. Think Bud White in LA Confidential — but with a law degree.

There are bulldogs, jerks, and a whole lexicon of colorful terms for people who rely on blunt force. They can win cases, but it's messy and potentially disastrous. Pucks never need to explain to the judge the foul language in a deposition transcript; they're the ones who tricked opposing counsel into the filthy rant.

Where to Find Them

He is equally social and competitive. While some people tout their accolades or win-loss records, Pucks are in it purely for the fun of a good challenge. When asked about his interests, he'll discuss process more than results.

Potential Problems

Avoid giving him busywork or false deadlines. He has the ultimate BS detector. Rather than appreciate the extra billable hours and experience, he'll sow discontent among his peers.

5. The Workhorse

The Workhorse is the type of person you don't have to ask to pull an all-nighter updating a filing that isn't due for a week. Instead, she stays at the office until the entire firm's workload is cleared, or she's ordered to leave. She likes to work weekends. Don't ask why, just count your blessings.

Where to Find Them

Socially awkward without any intriguing or compelling qualities, she works hard but lacks ambition. Look for extracurricular activities with no top leadership positions.

Potential Problems

After billing 27,000 hours in eight years, she'll come up for partnership. But, odds are she lacks leadership and management skills. Make sure she always has a more senior partner above her running the show.

Conclusion

Each of these lawyer types is extremely rare, possessing knowledge or skills beyond the typical law review editor. Though seemingly mundane, even the Workhorse's endurance makes her an outlier. That's the point though. You're not interested in a wild card wonder 1997 or 2003 Florida Marlins, you're building a dynasty. Not everyone at your firm needs to fit into one of these types nor should they. But you need a few of each. And as hard as it is to find someone who fits one of these molds, it's even harder to mentor them and keep them at your firm. Good luck. You'll need it.

Written by BL1Y of Constitutional Daily.

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Answering this question requires digging up some dirt, but we do with the best of intentions. Published first via email newsletter and later here on our blog, BigLaw analyzes the business practices, marketing strategies, and technologies used by the country's biggest law firms in an effort to unearth best and worst practices. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BigLaw | Law Office Management

BigLaw: Flat Fees and the Internal Hedge Fund: A Next-Generation Business Model for Large Law Firms

By Liz Kurtz | Monday, December 19, 2011

Originally published on September 21, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Partners and associates alike hate the drudgery of tracking their billable hours. Clients hate paying exorbitant hourly rates, always wondering whether that associate really spent 1.6 hours composing a letter, or 23 hours reviewing documents. We all agree that hourly billing stinks — except that all other pricing models (known as "alternative fee arrangements") seem to stink more — at least from the perspective of large law firms.

As some industry insiders have pointed out, fixed or flat fees present two concerns — whether the fee is too high, and whether the fee is too low. And, of course, the risk of the latter "concern" makes the thought of fixed fees a source of terror for partners. No one wants to become the next Brobeck or Howrey. Lawyers hate risk so despite its flaws, the billable hour is a soft, fluffy guarantee that in the unfortunate event a CD of documents ends up taking 200 hours to review instead of 100, the client will assume most of the cost of the extra time.

Enter the Internal Hedge Fund …

Fear not! Some of the great minds here at BigLaw have developed a way to make flat fee billing work for your firm, giving you a devastating competitive advantage over your rivals in an increasingly zero sum game.

We call it the "Internal Hedge Fund" (although, technically, it's more like "My Law Firm's Proprietary Trading Desk"). This new though admittedly not rocket science business model kills two birds with one stone.

The First Bird: Offsetting the Risk of Flat Fee Arrangements

Let's start with a few basics — what exactly is a hedge fund? I asked Michael Nelson who practiced law at Willkie Farr & Gallagher, moved in-house, switched gears and worked at a proprietary trading desk, and now manages hedge fund Thea Capital.

"The definition of a hedge fund has become very broad," says Nelson. "Traditionally, a hedge fund employed a strategy that literally 'hedged' investments so that, for example, if you were short on one position, you would be long on another. Nowadays, the term is used to describe a huge variety of funds, trading in just about anything, that are very actively managed."

Nelson contrasts the various hedge fund strategies with the "buy and hold" position usually taken by mutual funds. In addition, he says, hedge funds are characterized by a certain fee structure, which is usually "2 and 20," or a formula that compensates managers 2% of the assets under management and 20% of the fund's profits for the year.

As you may have gathered from news coverage of our current economic climate, a certain degree of mystique surrounds hedge funds. One reason could be their history of opaqueness. According to Nelson, hedge funds were once subject to very little oversight, although the regulatory environment is changing. In addition, hedge funds can be very risky, but also extremely financially rewarding.

But the sexiest facet of the hedge fund, perhaps, is its exclusivity. "The hardest thing about starting a hedge fund is raising the money," says Nelson. Traditionally, this meant that the hedge fund was the province of the uber-wealthy, or anyone talented enough to drum up the capital required to play high-stakes investment poker.

Enter the Internal Hedge Fund for large law firms. In our model, clients pay fees for litigation and other hard-to-price legal services up front, thereby supplying your firm with lots of cash. Maybe you price to perfection, maybe you underprice, maybe you overprice. No matter. Your money (i.e., the fees that your clients pay up front) is already hard at work being actively invested by the small team of experienced hedge fund managers with a proven track record working full-time at your firm or if you prefer at their own hedge fund with your firm as the sole or principal investor.

Given the potential returns, the risk — or reality — of offering legal services a little more cheaply than you would have liked is offset by the benefit of having all that paid-up-front "straw" to spin into hedge fund gold.

What About Ethics Rules?

But wait, you say — is this model ethical? Can you collect an up-front fee for deposit directly into your firm's internal hedge fund trading account before having performed a single legal service? The ethical ramifications of alternative fee arrangements have certainly been (and continue to be) explored, but our model contains an added wrinkle in that it contemplates completely bypassing retainers and client trust accounting.

According to legal ethics maven Eric Cooperstein, the answer is a definitive "maybe." "It depends on the jurisdiction," explains Cooperstein. For the most part, he says, lawyers can take a flat fee for certain kinds of defined services. In fact, it's routine in practice areas like bankruptcy and criminal defense. Charging up front for a specific service or a "package" of services should not be problematic Cooperstein adds, as long as the fees are "reasonable" under the factors defined in the ABA's Model Rules governing billing arrangements.

Hedge fund manager Nelson points out a few additional ethical pitfalls for adopters of the the internal hedge fund model to avoid — don't allow clients to direct investments, don't forget to thoroughly vet your internal hedge fund managers … and so forth. In fact, says Nelson, having the law firm vouch for the sterling credentials of its fund managers might greatly benefit the "branding" of the fund if you decide to invite others to invest.

The Second Bird: Put Underemployed Associates to Better Use

Nelson ends our interview with a clever idea. Your firm could make use of some of those underemployed associates, thereby killing the second bird.

"Lots of associates sit around at times twiddling their thumbs," Nelson notes. "Instead, they could conduct equity research." Think of it as the large firm equivalent of timesharing a jet. Your firm has lots of talent, some of which simply lies fallow in a down economy. Why not put it to good use? The downside — could these assignments result in higher attrition as associates given a taste of Wall Street leave the law to pursue a career in finance? It's hard to say, but we're hedging our bets.

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Answering this question requires digging up some dirt, but we do with the best of intentions. Published first via email newsletter and later here on our blog, BigLaw analyzes the business practices, marketing strategies, and technologies used by the country's biggest law firms in an effort to unearth best and worst practices. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Accounting/Billing/Time Capture | BigLaw | Law Office Management
 
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