Legal Ease Blog

Legal Ease Blog and the ABA Journal Blawg 100

I am honored to be included in this year's list of the 100 'best' law blogs (blawgs) compiled by the ABA Journal, known as the ABA Journal Blawg 100. Each year, the editors of the ABA Journal, (a publication of the American Bar Association) comb through the ever-growing list of blogs written by lawyers and for lawyers (and law students).

The Blawg 100 is made up of 10 categories, with 10 blogs in each category. My blog was included in the business category. But the voting isn't over yet - the ABA Journal is giving blog readers a chance to weigh in and vote for their favorite blog in each category. You can vote for your favorite blog in the business cateogry here.

Among this year's chosen blogs are some of my favorites, including (in no particular order) :

Lawyerist The ABA Journsal says, "Posts are short thought-bites snipped from the blogosphere, legal and otherwise". Lawyerist has many contributing bloggers (including me) in addition to Aaron Street and Sam Glover.

Law21 Jordan Furlong's posts are always filled with thoughtful analysis of issues affecting the legal world and the practice.

Lawyer2Lawyer Although it isn't really a blog, Lawyer2Lawyer is a podcast on Legal Talk Network hosted by California-based J. Craig Williams and Massachusetts lawyer Robert Ambrogi that examines legal issues in depth.

DennisKennedy.com My friend Dennis Kennedy is the author of this blog which discusses legal technology issues and is a good place to find out what Dennis is doing with his other endeavors, including Twitter and his PodCast with Tom Mighell of Inter-Alia on Legal Talk Network.

FutureLawyerRick George reviews technology gadgets to let lawyers know what's worth splurging on.

Inter Alia Tom Mighell posts his blawg-of-the-day posts at this site; he's been tracking legal blogs for the past 9 years, so this blog is a good place to start if you're new to law blogs.

Real Lawyers Have Blogs Kevin O’Keefe is one of the legal world's blogging evangelists.

Robert Ambrogi’s LawSites Bob appears twice on this list, since he's half of Lawyer2Lawyer (mentioned above). Bob's site is a good resource to find out about internet research and practice management as well as upcoming events to educate lawyers.

TechnoLawyer Blog Yet another blog covering technology for lawyers, TechnoLawyer Blog also previews content from its many newsletters (all free).

22 Tweets Lance Godard is a marketing consultant who conducts live interviews via Twitter (termed “Twitterviews”), the transcripts of which are posted on his blog.

Build a Solo Practice @ SPU is Susan Cartier Liebel's expanded blog which accompanies her Solo Practice University, providing resources and substantive content for solos.

The Client Revolutionis Jay Shepherd's take on clients and how to serve them well by placing the emphasis on value. 

Larry Bodine LawMarketing Blog not only provides information for legal marketers, but is a good resource for marketing tips for lawyers in practices of all types.

MyShingle Carolyn Elefant has been writing this blog for years longer than almost anyone else. She writes from her own personal experience and her blog contains a wealth of information for anyone starting or building a law practice. Carolyn is also the author of Solo By Choice.

What About Clients? Another client-focused blog, What About Clients? asks how lawyers can better serve corporate clients - regardless of the size of the firm.

Massachusetts Estate Planning and Elder Law One of the new additions to the list this year, Leanna Hamill's blog provides insights into her practice areas - Estate Planning and Elder Law, while bringing the subject matter to a level which anyone can understand. Her practical posts not only demonstrate her expertise in the area, but they provide information that readers can use immediately, including to-do lists and other action steps.

Of course, there are some new blogs on the list that I haven't read or followed before, and I look forward to reading them -- I urge you to look at the list and see what interests you as well.

Congratulations to all of the Blawg 100.

Don't forget to vote!

How Can You Be of Service?

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.

Do Something! Prioritize

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?
• Is it more or less important than the other things that need to be accomplished within this time frame?
• How much time do I have available?
• How much energy do I have available?
• What will the return be?
• How will my firm/practice/clients/employees be affected by this task or its outcome?
• What will it feel like when this is done?
• What will be the result emotionally, productively, financially or organizationally?

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.

Can Lawyers Use Time as a Competitive Advantage?

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 econonmic 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.

Lawyers may also be able to gain a competitive advantage simply by demonstrating that they respect their clients' time. Examples of respecting clients' time include ensuring that clients do not have to wait on hold for a long time to get the answers they need; giving clients a specific time that you will speak to them (avoiding 'telephone tag'); and being ready to begin a meeting with the client on time, eliminating time spent in your office waiting room.

How else can you incorporate these time concepts into your services? Can you provide some services on a shorter schedule or respond more quickly to clients? Can you guarantee a response within a specific period of time? Can you help your clients accomplish their goals more quickly?

What aspects of your legal services provide obstacles or are traditionally time consuming for clients? Are there ways that you can modify those services to meet clients' time needs? What choices or options can you provide for your clients?

How do you use time as a competitive advantage?

Twitter for Lawyers-Book Review

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. Your profile is your identity on Twitter. It needs a photo so that you are not anonymous. It needs a hook to capture people's interest. It should include a link to make it easy for people to learn more about you and get to your contact information.

Those who give will receive. This is as true online as it is offline. Be generous on Twitter. Help others, and provide value. "Re-tweet" others' posts. People on Twitter who do nothing but self promote won't reap the benefits. Provide value.

Use the right tools - and use them well. Dayton recommends TweetDeck, (which I use as well), to organize tweets, perform searches and create groups. These features, along with the TweetDeck columns, make it much easier to filter out the people and information you are most interested in. The book provides a guide to the most popular features of the program.

Be 'sticky.' A great title or intriguing tweet can go viral quickly if the content resonates with others. Dayton recommends, "Get into the minds of your potential clients or audience and think like they do. This will give you the best insights into how to craft your articles." I couldn't agree more - knowing your target audience and what they want, need or are interested in makes it much easier for you to connect with them.

Extend your 'twitterverse' offline. Attend a 'tweetup' (a gathering of those who tweet) or start your own. Twitter is only the first step in establishing relationships and rapport.

Use Twitter to enhance lead generation. This is a corollary to the last tip. Using Twitter in a vacuum isn't likely to be a good marketing tool. Twitter needs to be a part of your overall marketing strategy and it needs to be supported by the other marketing and business development efforts you undertake. If Twitter directs additional traffic to your website or blog, those tools must be engaging to your target market in order to get them to take action.

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.

 

ABA National Solo and Small Firm Conference 2009 Recap - Persuasive Writing

This is my final post in my series recapping this year's ABA National Solo and Small Firm Conference. One of my favorite sessions was the session on persuasive writing presented by Lisa Solomon and NY judge Gerald Lebovits.

Lisa Solomon began her presentation by reminding the audience that to write persuasively, you must keep the client's (or judge's) point of view in mind. If you want to persuade, tell a compelling story - stories allow people to persuade themselves.

In a brief, the statement of the facts is the opportunity to tell your story. Your statement of facts sets the stage for your argument - you can't argue until you've accurately set forth the facts. To make an impression and make your brief more like a compelling story, name your 'characters' - don't keep using 'plaintiff' and 'defendant.'

Whether you're writing for the court or for your potential clients, anticipiate and address common or known objections head-on. In your briefs, give the other side's facts and law in a neutral way - but don't leave them out if they're relevant.

In addition to your story or theme, organization and sentence structure are important in persuasive writing. Lebovits advises that the greatest emphasis is at the end and second greatest is in the beginning of your writing. The shorter the sentence, the more emphatic it is. Want to bury something (unfavorable facts, etc.)? Put them in the middle or in longer sentences. 

Write in plain English, use positive rather than negative language, and write in the active voice.  He says, "Be concise but not so concise that you're not being precise in your writing."Solomon advises to limit sensational language in your legal writing. Judges hate it. People buy based on emotion and then justify their decision with logic, so use emotion, but use it effectively. If you 'over-emote' you'll lose credibility.

Don't over-state. If half of your brief is in italics, nothing is being emphasized effectively. Be accurate. Don't use hyperbole. The judge won't trust you.

Solomon offers that social proof works - testimonials are powerful when correctly used in your marketing. In brief writing, precedent is the ultimate social proof. Cite cases similar to yours. But don't over-cite, either. Lebovits cautions that too many block quotes are a poor substitute for analysis. String cites aren't helpful - they don't add to your argument. Cite a recent or seminal case instead and then provide good analysis.

Finally, Solomon says that your conclusion is your "call to action," both in marketing and in your legal writing. Let the judge know what relief you're seeking. Let your audience know what you want them to do next.

 

ABA National Solo & Small Firm Conference 2009 Recap - Technology

This post is the third in a series of posts about this year's ABA National Solo and Small Firm Conference held this month in Los Angeles. This post is a recap of the technology sessions.

Ross Kodner, one of the founders of the National Solo and Small Firm Conference, presented about technology in back to back sessions at this year's conference. As usual, Ross has so much information and so much material to present that he couldn't cover it all in the time allotted. But even though he didn't get to everything, Ross did give a lot of information. Here are some of the tips he shared at the conference.

First, Ross reminded the group that even if you're a 'tightwad,' you can use your current technology more effectively.

On the subject of the Word vs. WordPerfect debate, Ross noted that since most documents are exchanged in pdf format, WordPerfect has experienced a resurgence. However, there are still occasions when you may need to convert a WordPerfect document into Word. According to Kodner, the best program for converting WordPerfect to Word is WordPerfect itself. There's no need for a third party conversion program (good news, indeed, if you're a tightwad!)

Word has no good redaction capability, but Kodner likes WordPerfect X4's secure redaction capability. He has good things to say about Word 2007 as well, although he cautions that if you're coming from a WordPerfect background, you must stop using Word as if it's WordPerfect and use the built in functionality of Word instead. 

Use Styles to make the use of Word more successful. In Word 2007, Styles are collections of formatting functions rolled into a single click. The fastest way to change text format in Word 2007 is to highlight any chunk of text and then click the style you want to change it to. To create your own styles with your own customized formatting, highlight text formatted the way you want and save as a new Quick Style with its own name.

Use the Paste Special command in Word to get control of the formatting of text copied from elsewhere - especially when copying text from the internet. 

Increase your productivity by creating 'building blocks' in Word 2007 for often used items in your documents, like contract clauses, graphics, etc. Select any chunk of text - or even a logo - go to Quick Parts (under the insert menu in Word 2007), name and save as a 'building block.' You can insert those building blocks anywhere in your document. Creating a 'clause library' is just one suggestion for this technique.

Archive Outlook messages using Acrobat 7,8 or 9 - create a package of emails and their attachments. Or use Acrobat 8 or 9 to create electronic 3 ring binders by using "packaging;" create single pdf from multiple files. Go to the Combine Files screen in Acrobat and select the files you want to include in the package. Once added to a package, items can be re-ordered. The package will be indexed and fully searchable.  

Kodner began his presentation about the "Paper-LESS" (TM) office by noting that, "Technology has screwed us up" and asking, "How many different places are your client files (including emails and their attachments) fragmented into?" He then asked, "When you want to work with a hard copy, do you go to the paper file and make a copy or do you search for the file electronically and print it?"  Kodner suggests that lawyers need a fundamental shift in their thinking - the electronic file should be primary, and the paper file should be secondary.

A legal document management system is 'mission critical' for law firms of ALL sizes. Kodner recommends these systems for all firms, although many still do not use them. The document manager allows you to open files in different formats - you don't need to go to separate programs to open your documents. Some document management software also integrates with Outlook to connect emails to electronic case file. The document manager will pop up when you send an email to remind you to connect the email to the case file.

Sometimes, lawyers complicate things unnecessarily. For example, when setting up your electronic files, Kodner recommends that you think about what you would have done 50 years ago when the only file was the paper file - then use same methods to file electronic documents. An advantage to using this system: everyone 'gets it.'

Most law firms maintain some electronic documents and some paper documents. Kodner asks, "Is a critical document sitting in your partner's sent items in Outlook on his individual system?" You must have a plan for your electronic files. Plan how you organize, name and scan documents, and when. It's easier to be organized electronically than with paper files.

According to Kodner, scanning is nothing more than turning paper into digital paper, with PDF as the default file format. There's no need to OCR every scanned document. You may have invested in one large scanner and even dedicated a part time worker to scan everything -- but where do those electronic documents get saved?  

Use plain English to name documents. Be logical and consistent. Cryptic doesn't work. You should be able to look at list of documents and tell at a glance what they are without needing to open them. Why have two separate systems for paper and electronic documents? The documents are exactly the same - they should be handled the same way in the paper file and th electronic file. 

Kodner also suggests some smart scanning tips: when you have large amounts of documents to scan an assistant or paralegal who works on file should be the one who scans the documents on a large scanner. But for smaller, faster scanning projects, Kodner recommends that you get individualized desktop scanners so that people who KNOW the files (including the lawyers) can do the scanning and do it fast as they encounter the paper.

What is it costing you to search for documents and files? For most lawyers, thousands per year! According to Kodner, the cost of implementing an e-file system, a document management program, scanner and even consulting are LESS than what you lose now if DON'T implement these systems. 

Finally, Kodner cautions that some states now require lawyers to have knowledge of technology as part of ethics rules, and that this will likely spread to more states, so lawyers would be well advised to keep up with the latest technology. 
 

 

ABA National Solo and Small Firm Conference 2009 Recap - Client Service and Unbundled Legal Services

Today's post will recap another session at this year's ABA National Solo and Small Firm Conference; this time, I'm recapping the session on client service and unbundled legal services.

Many lawyers fear providing unbundled legal services, because they are afraid of malpractice claims or claims that they should have performed additional work that wasn't covered under the unbundled legal services agreement. But these days, the tight economy means more and more clients in need of legal help may not be able to pay for a 'full service' lawyer.

As this panel pointed out in their presentation, no one brings a small problem to a lawyer. While you may think that the matter is small, to the client, it will always be a big problem.

One of the presenters for this session was Jeff Hughes, who started The Legal Grind in 1996 (you can see a profile of Jeff in the ABA Journal's Legal Rebels). Jeff started The Legal Grind as a full service coffee house and law practice ("coffee and counsel"). His intention was to provide better access to legal services and to show clients that there's more to the law than litigation.

One of the things that Hughes did when he started The Legal Grind was to identify its core principles. This is an essential step for all lawyers and firms, but too few go to the trouble of defining their core values. These are the values that drive not only what you practice, but how you practice, with whom, and for whom.

The Legal Grind has created a very specific schedule of lawyers with different areas of expertise to consult on different days. Clients sign various forms and waivers and it is made clear to them that the services provided are limited - and that agreeing to meet at the coffee house may mean that the lawyer can't guarantee that a conversation can be overheard. Clients who are especially concerned can make separate arrangements to meet in a more private room.

According to Hughes, providing unbundled legal services works because clients can do much of the work themselves, but can obtain legal guidance when needed, thereby keeping costs low.

Hughes was joined on the panel by Forrest Mosten, who noted that courts are overwhelmed with pro se litigants who can't afford full legal representation, but who may be able to afford some legal advice. He noted that providing unbundled legal services was a great solution for solos because the work is 'cash and carry' and there are no receivables.

In addition, providing unbundled legal services may bring you clients you would not have gotten otherwise, but who may return for additional services in the future. He also opined that the more lawyers that provide unbundled legal services, the more work there will be - turning the notion of competition on its head. According to Mosten, the more that lawyers provide services in this way, the more clients will want them - the market for unbundled legal services will grow.

The panel asked some great questions about client service, including:

• Do you have a client library?
• Do you teach people how to be good clients?
• Is your staff trained on how they should treat clients, or are they only trained to pump out work?

Finally, Mosten noted that the perception is that lawyers are unresponsive, impotent (have little control over outcome), overwhelmed and costly. In response, he asked, "How can you change your practice in small ways to make it more personal, less intimidating and more sympathetic?"

Good question.

ABA National Solo and Small Firm Conference 2009 Recap-Social Media for Lawyers

As I noted in my previous post, I attended the American Bar Association's National Solo and Small Firm Conference, presented by the General Practice, Solo and Small Firm Division in L.A. last week. In addition to speaking about good billing practices for lawyers, I had the opportunity to attend several of the other sessions presented at the conference. I 'live tweeted' many of these sessions during the conference, and I've composed a series of posts based on those tweets for my blog readers.

Kicking off the conference was a session on Social Media for lawyers, presented by Lisa Solomon and Niki Black.Lisa noted that social media provides "ambient awareness;' it keeps you on people's radar. She recommended that you 'be your authentic self' on social media and 'take off your lawyer hat' so that people can get to know you. At the same time, she cautioned against 'over-sharing' and reminded the audience that you should assume that everything you put online will stay out there - forever.

Lisa also noted something that I have experienced since having become more involved in social media over the past year - social media makes conferences more fun because many of the preliminaries are already out of the way. It removes some of the awkwardness because you already know one another through your online interactions. She likened online networking to a 'small town' feel where everyone knows each other - only now the network of contacts is national (or even international) rather than merely local. As Niki Black pointed out, social and professional networking are not mutually exclusive.

The presenters mentioned a number of popular social media outlets, and Niki Black noted that profiles on sites such as LinkedIn and Avvo rank high on the search engines and will help you get found. Lisa reminded the audience about one of my favorites, JD Supra, which allows you not only to create an online profile, but to upload documents that can be shared. JD Supra does a great job of pushing out the content that's posted on their site, which means additional exposure for you if you participate. Niki reported several contacts and inquiries received weekly as a result of her online profiles.

Niki recommended Feedly.com as a great RSS reader for keeping current on blogs and other online content. An author and contributor to numerous blogs, she cautioned that although blogging is a great way to get to the top of the search engines, in order to be successful, you must like to write and to interact with others online.

Niki also advised that time spent on social media has tripled over the past year. Because it is so popular, even if you choose not to participate in social media, you must need to understand it and how others are using it.

Both presenters encouraged lawyers to try social media. Niki says, "Don't let the naysayers keep you away from social media. Ignore your fears." Lisa advises that you set up profiles on sites like Twitter even if you don't participate so that others can't use your name first. But Niki notes that, "social media is useless without goals." I couldn't agree more, as with any business building endeavor, you must first determine what you want to accomplish before you can develop an effective strategy for reaching your goals.

If one of those goals is to get known and to build your practice, social media may be a good tool to use. As Lisa Solomon stated in her presentation, social media allows you to communicate and collaborate online. To do so effectively, she recommends that you monitor the online conversation so that you don't need to guess what your target audience is concerned about.

Social media seems to be one of "the" hot topics this year, although there are still relatively few lawyers using social media on a regular basis, and even fewer who are using it in a targeted way. It was interesting to note how few attendees at this conference - including the session on social media - were using laptops at the conference. And, compared to other recent conferences I've attended, even fewer of those were using their laptops to engage in social media, as opposed to merely taking notes in a word processing program.

I look forward to following the progression of social media in the practice of law. In the interim, if you'd like to get started using social media as part of your strategic law firm marketing plan, please feel free to contact me to see how I can help.

ABA GP/Solo National Solo and Small Firm Conference 2009

Last week, I attended the 2009 National Solo and Small Firm Conference put on by the American Bar Association's GP/Solo Division. It was another opportunity to catch up with old friends, meet some 'virtual' friends in person, and make new connections who will hopefully turn into friends and colleagues in the future.

I was privileged to spend some time on Saturday evening with some of the General Practice, Solo and Small Firm Division leadership, thanks to the generosity of the folks at the Total Practice Management Association (whose president, Kevin Chern, was my co-presenter on Saturday afternoon). Without exception, the GP/Solo leadership demonstrated their commitment not only to their own practices, but to other solo and small firm lawyers. And I think we were all especially charmed by the two fabulous boys of the division chair, James M. Durant III and his wife Karen. (The boys stole the show at dinner, and can carry a conversation better than a lot of lawyers I know).

Later in the week, I'll summarize some key points from some of the sessions I attended, but in the interim, check out Alan Klevan's post, Law Practice Management Tips - So Cal Style.

And my friend, Lisa Solomon, was generous enough to allow me to post one of her photos from the conference here. I'm on the far left with Alan Klevan, Lisa Solomon, Chelsey Lambert from Total PMA and Niki Black.

If you want to learn more about the CLE from the conference, you can access this year's ABA GP/Solo NSSF conference schedule and materials here.