By Christa Avampato | Monday, August 16, 2010
Originally published on August 16, 2010 in our free BigLaw newsletter.
Will Meyerhofer's agent coined the title "the people's therapist" when Meyerhofer, a former biglaw lawyer, explained his sliding fee scale for his therapy practice. When his clients first visit him, he asks them to name the fee they can afford. He runs his practice from his living room with comfortable furniture and tasteful art adorning the walls. Simon, a wire-haired mini dachshund, playfully lounges nearby.
"The sliding scales causes my salary to behave like a roller coaster, but I believe in the ideal of 'to each according to his means, from each according to his ability,'" he tells me. "I always, always put a person in front of money. My mistake when I was a lawyer was that I was too focused on the money."
From Sullivan & Cromwell to Barnes & Noble
Two years into his law career at
Sullivan & Cromwell, Will received a performance review suggesting that he "do something else." Once he overcame the initial shock, he took a long look in the proverbial mirror and agreed. He just didn't know how to find that something else. He soon moved to Barnes & Noble's online division, and quickly established himself as a valuable part of their marketing department.
"A job is a role and an identity, not a task. Our work is an expression of who we are. I needed to figure out who I was and who I wasn't. I'm not a team player, I can't stand hierarchy, and I don't like details. I realized I could actually love the person I was, rather the person I was trying to be as an attorney."
After several years, he raised his hand to take a package when Barnes & Noble downsized and enrolled in Hunter College to obtain a Masters in Social Work. Right out of Hunter, he signed on at Saint Vincent's Hospital to run a free program to educate gay men about HIV prevention. He often saw patients for 11 hours a day. Despite once again working biglaw hours, he had a passion for his work.
A Private Practice and Writing Career Blooms
Will's private practice grew from his work at Saint Vincent's. The program at the hospital lasted for a set number of weeks, so his clients often asked if they could continue to see him for private sessions. Two and a half years after its commencement, Saint Vincent's dropped the program, leaving Will to focus on his private practice full time.
"Today my practice consists of lawyers and law students, gay men, and hipsters and artists in equal percentages. They're 18-80 years old from every ethnic background. This practice is really an honor for me. I learn so much from my patients."
With a book on its way to publication, a radio show, and a possible reality TV series in his near future, Will never finds himself idle. As his agent shopped his book to publishers, Will started a blog,
The People's Therapist. The blog caught the attention of
Above the Law, which
offered Will a column after an
initial interview resulted in more than 20,000 page views.
A Young Lawyer's Unbearable Debt
I asked Will about the problems his lawyer clients face. His eyes grow wide at the question.
"I know where a lot of these people have been. I know what it's like to be unhappy and to feel trapped. It's painful. And I tell them they have every right to feel exactly the way they feel. I was there, too. I get it."
The subject of today's price tag for a law degree touches a nerve in Will. It immediately riles him, and his passion for the subject comes through in his eyes, voice, and hand gestures. The subject occupies center stage in much of his writing.
"It's criminal what law schools are doing today. 25 year olds have been sold a dream that doesn't exist. They enter their careers saddled with as much as $250,000 of debt that crushes them financially, physically, and emotionally. To make the payments, they end up having to work at big firms that treat them horribly, and soon they are curled up in a corner bawling. Their first words to me are, 'How did I do this?' They feel trapped."
Will goes on to explain the crisis that he sees coming for the legal profession as more and more lawyers are pumped out into a market that has fewer and fewer spaces in large firms. I ask him about the responsibilities that schools should bear for these actions, if any.
"It costs next to nothing for a school to educate a law student: one professor lectures to a packed lecture hall. Law schools are cash cows for universities. It's no coincidence that the President of NYU used to be the President of NYU's law school. It's fraud. These law schools sell false dreams to impressionable, young, eager minds. The students want so much to please and the schools take advantage. And the worst part of it? Law graduates don't even know how to be lawyers. They've spent 3 years on theory, not on learning how to be lawyers. It's a travesty."
A Grope Towards Hope
Will has me agreeing that the situation seems hopeless. So how exactly does he help the hopeless achieve hope?
"For an hour a week, they can come into this room and say whatever they need to say to get this all out. I don't judge them. I don't tell them what to do. I don't tell them that they should feel lucky. I just try to help them to stop beating themselves. All I really want to do is help them steer the ship an inch in a better direction. We need each other to heal."
Closing Argument
Will walks me around his apartment before I leave. He has an extensive and eclectic art collection and an amazing view of New York Harbor. His collection of artifacts illustrates his wide-reaching travels and his love for cultures and histories not his own.
"I'm just a big pile of mush. I just want to help people be happy, you know what I mean? Life is a brief opportunity for joy."
I do. I get it. Will takes his role as a healer very seriously. He lives in a constant state of learning, growing, and evolving. He wants his clients to do the same.
"So, big hugs! This has been so much fun! Let's be friends. Invite me to your parties," he says to me as he opens the door so I can take my leave.
And I know he means it. And when I promise him I will, I mean it, too. Nothing beats authenticity. Our world, inside and outside the big law firms, could use more of it. Will works every day to move us in that direction, one client at a time.
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By Sara Skiff | Thursday, May 27, 2010
Coming today to Answers to Questions: Jesse Farr explains his file naming system, James Terry reviews Adobe Acrobat Standard, Deepa Patel explains how to insert Excel tables with formula into Word documents, Kerry Carrol provides a Bates stamping solution, and Michael Caldwell offers a law school studying tip. Don't miss this issue.
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By Liz Kurtz | Monday, May 3, 2010
Originally published on April 19, 2010 in our free SmallLaw newsletter.
In today's economy, "law firms must run lean and mean to remain competitive and profitable." However, according to the University of Florida Levin School of Law's "2010 Perfect Practice Legal Technology Institute Study" (PP-LTI Study), small law firms have largely failed to implement technologies that would help them achieve this goal. Furthermore, despite prevalent concerns about client confidentiality and security, small firms often fail to embrace technologies that address these very issues.
Legal Technology Institute director Andrew Adkins says that the original goal of the PP-LTI Study was to determine how many legal professionals use practice management software, but it expanded to cover other technologies as well.
Small Firms Fail to Adopt Basic Technologies
Among the results that the PP-LTI Study authors found "surprising" was the failure of legal professionals to adopt simple technologies, which cost relatively little but can boost efficiency. For example, dual computer monitors.
Adkins was also "amazed" that more small firms have not implemented document management systems. A similar study, conducted in 2000, concluded that 50% of legal professionals were not using DMSs. The PP-LTI Study shows that 52% of those surveyed still do not use the technology. Small firms are significantly less likely to use document management systems than those in larger firms as 80% of the respondents who reported using a document management system worked in large firms.
Similarly, the study's authors were surprised to find that — despite concerns about client confidentiality and security — many small firms do not use metadata cleanup software or email encryption. Again, larger firms lead the way: 61% of small firms said that they did not use metadata cleanup software. Of the 25% of respondents who reported using email encryption, only 20% were at small firms.
Large Firms Have a Significant Lead Over Small Firms
It is clear from the PP-LTI Study that size matters. Overall, small firms lagged behind their large firm counterparts in the adoption of common technologies. For example, while tools for routing and notifications of paperless workflow seem to be catching on across the industry, they're much more prevalent at large firms. Also, nearly 50% of small firms reported using a practice management system (such as AbacusLaw or Amicus Attorney) versus nearly 83% of large firms.
What are the perceived barriers regarding the use of practice management systems? Respondents — especially those in small firms — were most likely to explain their non-use with the "if it ain't broke, don't fix it" rationale, noting that their current systems were working and "not worth changing."
While the "cost of maintaining" a practice management system was a close second, respondents also identified concerns about integration with other technologies, the inability to "see the benefits," and the "cost of computer upgrades" as primary barriers to adoption. Although there was consensus, among survey respondents about the issues that stand in the way, small firm lawyers were significantly more likely than their large firm counterparts to express concern about each.
Of course, it is no surprise that small firm users are more concerned about cost, maintenance, and integration issues. Compared to their large firm counterparts, small practitioners lack the financial and IT "buffers" that help smooth the way for the adoption of new technologies. However, the PP-LTI Study found that those firms without a practice management system estimated its cost as more than double what those who do use such software actually paid.
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By Sara Skiff | Friday, April 30, 2010
Coming today to
Fat Friday: David Hudgens reviews the Sennheiser BW 900 Bluetooth headset, Samuel Hasler reviews HotDocs for document assembly, Michael St. George reviews the Fujitsu ScanSnap S1500 and Evernote, Andrew Weltchek discusses choosing the solo life, and Yvonne Renfrew shares a TimeMap printing tip and reviews the product's new search capability. Don't miss this issue.
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By Sara Skiff | Monday, April 19, 2010
Coming today to BlawgWorld: Our editorial team has selected and linked to 78 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:
Consulting Firm Mergers
Why Lawyers Will Love iPhone Software 4.0
Trying to Go to a Small Firm? Be Prepared for Rejection.
Business Development in a Recovering Economy
This issue also contains links to every article in the April 2010 issue of Law Practice Today. Don't miss this issue or future issues.
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By Sara Skiff | Friday, April 16, 2010
Coming today to
Fat Friday: Entertainment lawyer Mark Klarich discusses the future of the music industry and the way we consume music, Caren Schwartz reviews the Acer Aspire 4810T-8480, John Townsend reviews Chrometa, Robert Maize discusses the INTERWRITE as a possible alternative to the iPad, and Tom Trottier reviews the Backblaze Pod for mega data storage. Don't miss this issue.
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By Liz Kurtz | Monday, April 12, 2010
Originally published on April 12, 2010 in our free BigLaw newsletter.
Last year at the LegalTech conference in New York, Andrew Adkins, founder and director of the University of Florida Levin College of Law's Legal Technology Institute Legal Technology Institute, "roamed the exhibit floor for two days talking with vendors about the legal technology industry in general and asking exhibitors and conference attendees their thoughts about the near future and how technology will impact the profession." He performed the same exercise two months later at ABA TECHSHOW. He found that lawyers and legal vendors had just as many questions for him. Thus was born the
2010 Perfect Practice Legal Technology Institute Study (PP-LTI Study).
Legal vendors told Adkins that they wanted to know (1) what percentage of the legal profession uses practice management systems, (2) what barriers existed to their implementation, and (3) whether the legal profession had "reached a plateau" in adopting them. From this departure point, Adkins along with
Perfect Practice and several other sponsors developed a survey, and distributed it to more than 25,000 randomly-selected lawyers, legal administrators, paralegals, and law firm IT personnel. The survey, however, did not stop there. Adkins also wanted to learn more about the legal profession's use of other technologies.
Larger Firms Lead the Way With Dual Monitors, Security
The PP-LTI Study yielded some surprising results. For example, Adkins found that small law firms by and large have failed to embrace even relatively simple technologies that address core concerns or promote important values such as efficiency, and client confidentiality.
For example, dual monitors "significantly increases efficiency," especially for those who copy and paste text between documents or use multiple applications. More than 66% of respondents, however, reported using only one monitor, and only 18% of this group indicated that they planned to add a second one within 12 months.
Large firm users were more likely to have adopted this technology, with 40% reporting that they used more than one monitor. Nonetheless, Adkins notes that neither cost nor complex integration concerns should restrict the adoption of dual monitors in smaller firms. "With costs of an extra monitor less than $200, law firms and legal departments should explore this benefit of increased productivity (and billable time)."
Also surprising were lackluster numbers with respect to the adoption of technologies that address concerns about client confidentiality and security. "While attorneys always voice concerns, we often find that they don't take advantage of technologies that can help them achieve these goals." Only 53% of respondents reported using metadata clean-up software, and only 25% said they used encryption.
Again, large firms were significantly more likely to have embraced these measures. Of the respondents who reported using metadata cleanup software, 78.2% were large firm users, while small firms lagged behind at 21.8%. Similarly, large firm practitioners were about twice as likely as their small firm counterparts to use encryption software.
Adkins Amazed by Document and Practice Management Numbers
The PP-LTI Study also revealed a surprising result about the profession's approach to document management. "It still amazes me," writes Adkins, "that law firms and legal departments have not implemented document management." A similar study, conducted in 2000, indicated that less than 50% of legal professionals did not use a document management system. A decade later, Adkins noted a marked lack of movement toward the embrace of this technology. More than half of respondents — 52% — said that they did not use a document management system. However, adoption rates were significantly higher at large firms where 80% of attorneys reported using a document management system.
With respect to the study's raison d'etre — practice management systems — Adkins found additional surprises. In 2000, only about 25% of legal professionals reported using a case management system. While Adkins "thought that number would have doubled in ten years," the 2010 survey indicated that only 32.7% of respondents were using case, matter, or practice management software. Large firms lead the way although small firms are not far behind.
Survey respondents reported several barriers to the use of a practice management system: 37% of those surveyed said that their "current method works and is not worth changing." Cost was a big concern for 34% of respondents. And, among users and non-users alike, survey respondents identified both the "total cost" and "integration into the firm or law department" as problems.
The PP-LTI Study found that lawyers who were already using a practice management system were significantly less likely to identify cost as an issue, which "seems to indicate that those firms and legal departments using a CMS understand that there is an acceptable cost for using technology," writes Adkins.
Conclusion
The PP-LTI Study provides comprehensive data on the usage of many other technologies, including SaaS, word processing, litigation support programs, and paperless workflow technologies. It also analyzes specific features of practice management system functionality such as its integration with other programs in common usage. Finally, the survey's results address the legal profession's approach to outsourcing, future technology purchases, and the allocation of technology resources within law firms and legal departments. The PP-LTI Study costs $395.
You can download an executive summary and review the survey questions used for free.
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.
By Mazyar Hedayat | Monday, April 12, 2010
Originally published on April 4, 2010 in our free SmallLaw newsletter.
This year's ABA TECHSHOW focused on practicality (and I'm not just saying that because it's on the Web site). In that spirit, let me begin by giving readers what they want most, followed by a little perspective on how we got here. To begin with then, below you'll find my picks for the year's 12 Best of TECHSHOW. Also,
don't miss my TECHSHOW interviews.
Best Of TECHSHOW (In No Particular Order)
Clio: For SaaS practice management Clio still rules. Rocket Matter has much catching up to do.
Contracts Express: Formerly known as Deal Builder. Contract drafting in the cloud. Subscription pricing.
Worldox: For document and information management Worldox is the worst. But the best. Go figure.
SpeakWrite: Love this idea — dictate into any phone and get the document in 3 hours by email.
Certex: Professional checks prepared in the cloud. Old idea. New twist. Way to innovate on a budget.
SurePayroll: Payroll sucks, but preparing it at your leisure sucks slightly less. That's a win-win, baby.
Walz Group: Certified mail is a necessary evil. Walz figured out how to save money and time. Sweet.
Proximiti: Proximiti Communications makes automated billing software that works. Plus VoIP phones that save money and integrate with your billing.
FastCase: I've said it before and I'll say it again — for free and mobile research FastCase is it (for now).
WestlawNext: What? I can change my mind. WestlawNext really is better — so much that I use it myself.
Lexis for Microsoft Office: Recognizes and updates case citations as you put cases in your brief. Awesome.
DirectLaw: Like the Highlander, there can only be one. DirectLaw is still the one to beat for a virtual practice. An oldie but a goodie.
How We Got Here
We all know that ABA TECHSHOW 2010 caps a decade marked by relentless churn. We also know that despite such turbulence (or maybe because of it) the biggest law firms got bigger while others blinked out of existence.
As a result, there are fewer large firms than there were a decade ago and the firms still in business employ fewer lawyers than their predecessors. The upshot is that more lawyers are on their own.
Hypothetically then, if a piece of legal technology or office appliance can't save me time or make me money, why buy it? The concept seems simple enough, but it turns out that until recently the ABA TECHSHOW floated above these economic facts of life.
In fact, it was just a few years ago that the show's organizers deviated from their traditional focus on big firms, big vendors and big price tags — right about the time in 2004 that I asked a group of assembled ABA TECHSHOW board members why they favored big firms so heavily "Tech Show favors large vendors?" they answered. "Ridiculous." Or was it?
ABA TECHSHOW 2.0
Despite those ardent denials, the following year's show was markedly different. Ask any of the attendees, vendors, or speakers who were there: clearly the balance had shifted away from biglaw vendors in favor of more agile developers and competitive pricing. I am happy to stay that 2005 became the tipping point.
Every TECHSHOW since has continued the trend toward technology startups, smaller vendors, and lower cost alternatives to big ticket staples — even going so far as featuring SaaS vendors on an equal footing with the vendors of desktop-based solutions.
Maybe it was something in the water back then because 2005 was also the year when the technology industry recovered from the dot-com debacle with thousands of twenty-somethings around the country producing Web-based applications to handle everything from photographs (Flickr) to instant messaging (Dodge Ball).
This wave of Web 2.0 innovation was inspired by necessity. Lawyers, no less than any other group, were in need of a technological shot in the arm to deal with the pressures of a dwindling client pool, downward pressure on income, and soon the added pressure of rapidly declining asset values. Practical technology could mean the difference between remaining the profession and packing it in. At that point the stage was set for a revolution in getting smaller, simpler, cheaper, and, oh yes — faster.
Coming Full Circle
Given the trend that started 5 years ago, we can clearly see why TECHSHOW 2010 was so full of practical developments. Instead of trying to sell solutions for problems nobody had, this year's crop of vendors appears to have been busy in 2009 applying technology to virtually every workaday task in the average law firm — from depositions to drafting, research to practice management, even virtualizing practice itself. So it makes perfect sense that this year's TECHSHOW was not about who made the biggest and best, but rather who can provide the most affordable and efficient with a small footprint that doesn't require a Ph.D. to install.
I've never been more satisfied, and I'm sure that I wasn't the only one. TECHSHOW this year wasn't just about the latest crop of sexy gizmos. It offered a solid helping of legal technology comfort food and office must-haves that would be a relief to veterans and a revelation to young lawyers. And after all, what could be more practical than that?
Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.
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 Sara Skiff | Friday, April 9, 2010
Coming today to
Fat Friday: David Estes reviews LogMeIn Hamachi, Diana Brodman Summers responds to
a recent issue of SmallLaw about solo life, Tom Trottier shares tips for increasing the speed of Windows Vista on a laptop, Jonathan Jackel discusses Apple's software update strategy, and Patricia Joyce adds one more business lunch faux pas to
Lee Rosen's recent SmallLaw column on 15 rules of etiquette for business dining. Don't miss this issue.
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By Ross Kodner | Monday, April 5, 2010
Originally published on March 29, 2010 in our free SmallLaw newsletter.
In my last
SmallLaw column, I explored (okay, ranted) about moving past the objections to software as a service (SaaS), and instead shifting the focus to functionality and suitability for daily law practice use. At ABA TECHSHOW last week in Chicago, it was impossible not to get caught up in the buzz that continues to build around cloud computing. With practice management SaaS leaders Clio and Rocket Matter both announcing feature expansions and five full quarters of business operations under their collective belts, the market felt oddly "mature." In short, I detected a paradigm shift. Let me explain.
Small Firm Lawyers Receptive To SaaS but Concerns Remain
I had the pleasure of participating in the "Meet the Authors" series with Jim Calloway and Sharon Nelson, co-authors of my ABA book,
How Good Lawyers Survive Bad Times. We hosted a suiteful of attendees for a free-wheeling, wide-ranging discussion of legal technology topics. The subject of the viability, suitability, and practicality of SaaS dominated the lively and interactive conversation.
What struck my co-authors and me perhaps the most was the acceptance of cloud computing as an accepted, standardized, institutionalized option that merited equal consideration along with Ground Computing (okay, we really do need a phrase to describe traditional, installed applications).
The idea that the holy trinity of legal technology — case/practice information management, document management, and billing/financial management — could entail both traditional locally installed programs such as Tabs3/PracticeMaster, Amicus Attorney, PCLaw, Time Matters, etc. and SaaS products is huge.
The discussion seemed to be a reasonable microcosm of small firm life, with lawyers from across North America actively involved, and spanning the entire range of ages as well. While hardly scientific and not rising to the level of being empirically sound, it felt representative of the buying marketplace. Below I recap the two most interesting discussion points to emerge from this discussion.
1. Hey You, Get Off of My Cloud
Yes, it's the increasingly tiresome and hollow "Connection Objection" — the inevitable objection raised early in a cloud computing discussion is "what happens if I lose my Internet connection and can't access all my stuff?"
Absolutely a critical point, but as attendee and ABA TECHSHOW faculty member, Nicole Garton-Jones of Vancouver's
Heritage Law so succinctly put it, "the Internet connection issue is a red herring." She explained that her office has it's own virtual server and is its own cloud computing provider, delivering apps via the Web, controlling access and leveraging a dual failover pair of Internet connections, much in the same manner as a larger corporation would.
Someone else said, "fine, go across the street to a Starbucks for a few minutes" or "take out your wireless broadband card or your MiFi and share a wireless connection until your regular connection is back up again."
The point is that this objection just rings hollow today — you can find a way to nearly always stay connected, which leads us to a different angle on the connectivity issue.
2. Keep Me Working No Matter What
The other takeaway point is that cloud computing vendors need to take the idea of offline access seriously. Multiple attendees echoed this concern. It's not "I can't get online because my Internet connection is down, but more that sometimes I'm not somewhere I can stay connected." For example, when traveling sometimes wireless broadband coverage can be iffy and slower, and even in the middle of Manhattan's concrete jungle, laptop-wireless access can be spotty.
So to the cloud computing folks, give us some real offline access! That means the ability to have a scheduled or real-time time mirror of our practice/document/billing management data to an applet of some sort that will let us actually keep working (not just an exported CSV file that no one can really use immediately in any meaningful way). Then provide some type of smart syncing to return our offline-entered data to the mother ship when we're able to reconnect. Seriously guys, it's time.
Get to Work SaaS Vendors
So in my continued examination of cloud computing for solo and small firms, the answers sort of exist — just finish the puzzle guys, deliver on offline access, educate us about the fallback connection approaches, and of course provide the features law firms need. Then, welcome to the mainstream … but truly, not until then.
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.
