TechnoLawyer: BiglawWorld

Coming today to BigLaw: Some small law firms have never owned a file server so cloud storage services seem like a silver bullet. By contrast, most large law firms are not quite ready to entrust their data or their clients' data to companies led by 20-somethings in Silicon Valley. Therefore, it's important to reduce the cost of your on-premises data storage as much as possible. Deduplication technology can help, the problem being that it's a crowded field with lots of products. In this issue of BigLaw, law firm CIO and legal technology guru Matt Berg provides an overview of the major deduplication players. Also, don't miss the BigLaw Pick of the Week for an article that explores why large law firms often have poor management and some simple cures.

How to Receive BigLaw
Large and midsize law firms have achieved unprecedented success yet they still have tremendous growth potential. Written by insiders, corporate counsel, and other industry experts, BigLaw unearths best practices in leadership, marketing, strategy, and technology, and features detailed product reviews with accompanying TechnoScore ratings. BigLaw also ensures that you won't miss anything published elsewhere by linking to insightful articles (and podcasts and videos) about large and midsize law firms, as well as notable press releases issued by the world's largest law firms. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on July 3, 2012 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Travel is almost unavoidable when you work in a large law firm because of the global clients you represent, the jurisdictions in which they get sued, etc. As a large firm partner, Jeff Richardson feels your pain. In this issue of BigLaw, Jeff discusses the many features in iOS 6 — the next version of Apple's operating system for iPads and iPhones — that will make life on the road more productive and maybe even more enjoyable. Jeff discusses enhancements to the Mail, Maps, and Phone apps as well as a completely new app. Also, don't miss the BigLaw Pick of the Week (subscribers only) for a firsthand account of the the process a general counsel created to choose new outside counsel.

IOS 6 ENHANCEMENTS FOR LARGE FIRM LAWYERS WHO TRAVEL

Fellow lawyers at large law firms frequently complain to me that their job requires them to travel across the country often for meetings, trials, depositions, etc. But one of the saving graces is that the iPhone and iPad are so helpful in these circumstances. My iPhone is useful in my office, but it's essential when I travel. Apparently, many of you agree. My article, Tips for Lawyers Who Fly With an iPad Instead of a Laptop, is thus far the top-ranked BigLaw article of 2012.

Apple recently demonstrated iOS 6, the next version of the operating system for iPhones and iPads due later this year.

iOS 6 will include over 200 new features. Many of these will have mass market appeal such as the ability to share Photo Streams among friends and Facebook integration. But iOS 6 will also enhance life on the road for large firm attorneys.

Email Improvements

Email is a great way to stay in touch with clients and colleagues, but after being tied up all day in a meeting or deposition, you face the daunting task of wading through dozens of new messages in your Inbox.

The Mail app in iOS 6 will make it easier to focus on the most important messages. First, you can identify certain contacts (such as key clients) as VIPs. When a message arrives from a VIP, your iPhone or iPad will provide a notification on the lock screen, similar to what happens when a text message arrives. VIP messages will also have a star next to them in the Inbox so that they stand out, plus Mail will have a VIP folder in which it will collect all these messages.

Similar to the VIP mail folder, iOS 6 includes a flagged mail folder which, like the similar folder in Outlook, contains only those messages you flag. Many lawyers use flags as a task manager.

iOS 6 also includes the ability to insert a photo or video after you start composing a message so you no longer need to start in the Photos app. That's nice, but I wish Apple would go one step further and let you insert documents into an email message from other apps such as GoodReader.

Currently (and apparently also in iOS 6), if you want to respond to an email message and attach a document, you need to first reply to the message, select and copy everything to the clipboard and then discard that message without sending it, open the app with the document to start a new email message with the document attached, enter the recipient's email address, paste the contents of your clipboard (the recipient's original message), and then write your reply. It's not as bad as it sounds, but it's not nearly as fast as it would be if Apple provided traditional email attachment functionality in Mail.

Frankly, I thought it was unlikely to see this change in iOS 6 because Apple traditionally keeps many of its own apps separate from third party apps under the guise of security, but Apple did announce that the new version of Apple's Maps app will integrate with third party apps that provide information on public transit and alternative methods of transportion (biking, walking, etc.) — a recognition that third party apps can complement Apple's built-in apps. As for Mail, my fingers are crossed for iOS 7.

Turn-By-Turn Navigation With Siri Integration

Speaking of the Maps app, Apple has ended its affiliation with Google. The new Maps app gains free turn-by-turn navigation in iOS 6, a feature Google's Android has offered for a while.

The Maps app will also integrate with Siri. If you find yourself in remote locations for a deposition you can ask Siri for directions to an address, gas station and restaurant recommendations along the route, and even channel your inner child by asking Siri "are we there yet" to find out how much longer it will take to arrive at your destination.

Your estimated time of arrival will be aided by the live traffic information in the new Maps app, collected not only from traditional traffic services but also by Apple tapping into real-time (anonymous) information from other iOS 6 devices. If the unlucky iPhone users on the road ahead of you are stuck in gridlock, their loss can be your gain as your iPhone recommends an alternate route.

A Smarter Telephone

When you're out of the office and your iPhone rings, sometimes you cannot talk because you are otherwise occupied with whatever it is that required you to travel.

In iOS 6, you can set your iPhone to not disturb you for a designated period of time or while in a geographic location. However, you can set rules so that your iPhone will ring for emergency calls (e.g., two successive calls from your spouse).

If you prefer to just decline calls instead, your iPhone can give you the option to reply with a preset text message such as "I'll call you later" or "I'm on my way." Better yet, you can tell your iPhone to remind you to return the call later, either at a different time (remind me in an hour) or in a different location (remind me when I leave the current location, when I get to my office, when I get home, etc.).

Boarding Passes and Shopping

Frequent fliers will appreciate the new Passbook app, which collects boarding passes in a central location. Better yet, when the iPhone senses your arrival at the airport, it will place an alert on the lock screen that you can simply swipe to display the boarding pass — a big improvement over current situation in which you must unlock the iPhone, find the airline app, and then navigate to the part of the app with your boarding pass. If your gate changes, Passbook will alert you and give you a new boarding pass with the gate change circled.

Passbook can perform similar tricks at other locations. For example, when the iPhone senses that you're in a Starbucks, it can instantly bring up your store card to make paying for your caffeine fix even easier. Or maybe even a well-deserved beer while waiting for your delayed flight to take you home. Here's to better traveling thanks to iOS 6!

Jeff Richardson practices law in New Orleans and publishes iPhone J.D., the oldest and largest website for attorneys who use the iPhone and iPad.

How to Receive BigLaw
Given the fragmentation in the legal industry, the world's largest law firms have achieved unprecedented success for which they don't receive enough credit. Given the size of the global economy, these firms still have tremendous growth potential. Written by large firm insiders, corporate counsel, and other industry experts, this newsletter unearths best practices in leadership, marketing, strategy, and technology to help large law firms (and midsize firms with growth aspirations) succeed on an even grander scale. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on February 28, 2012 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Vivian Manning is a rare breed. A lawyer for more than a decade at the same firm, she then switched gears to became her firm's IT Manager. Vivian was looking forward to taking a little more time off than usual until her firm's managing partner agreed to merge with another slightly smaller firm. Today in BigLaw, Vivian kicks off a series of columns in which she'll take you inside her firm's merger, especially the technology component. We're thrilled that Vivian agreed to share her experience. This first installment features the backstory, initial considerations, and a clever psychological pre-merger tip. Also, don't miss the BigLaw Pick of the Week (subscribers only) for a report from Apple itself about the latest large firm to equip its lawyers with iPads.

INSIDE A LAW FIRM MERGER PART 1: BACKGROUND, INITIAL CONSIDERATIONS, AND A CLEVER PSYCHOLOGICAL TIP

Last autumn the law firm where I'd practiced law since 1989, later taking on the position of IT Manager in 2000, merged with another law firm in our city of about 150,000. Managing the technology aspects of a law firm merger was not how I envisioned sliding toward my approaching retirement years. I was thinking more along the lines of reducing some management responsibilities in favor of more time on the golf course, in the garden and tanning my tonsils in warmer, sunnier climes. Alas, it was not to be. Law firm mergers are not conducive to a relaxed schedule.

Today in BigLaw, I kick off a series of columns in which I take you inside our merger, particularly the technology aspects. With all the M&A activity among law firms lately, I hope this series of columns proves helpful. If you've gone through this process yourself, please reply and share your own tips.

The Pre-Merger Firms

When I started with Burgar Rowe in 1989, our legal team consisted of 6 partners, 1 counsel and 1 associate (me). Over the years we grew to 11 partners, 3 counsel, 10 associates, and a paralegal. We expanded in the usual manner, through the lateral hiring of associates, but also by bringing in sole practitioners. The law firm we merged with, Purser Dooley Cockburn Smith, was itself the result of an earlier merger of two smaller local firms. Overnight, on October 1, 2011, we grew from 23 lawyers to 37 lawyers and from approximately 65 people in 2 offices to 105 people in 3 offices. To say this near-overnight growth challenged our Technology Department would be an understatement of massive proportions.

The Merger Decision

The talks leading up to the merger decision focused mainly on the suitability of the firms joining together — primarily because of their complementary practice areas and their perceived common cultures. The partners in each firm had long and positive professional relationships with each other so in that sense, the decision to merge was an easy one, even though such a momentous decision is never easily reached.

Once the decision to merge was made, the fun began. In hindsight, the decision to merge was the easy part. Making it happen would be an entirely different animal and far from easy. While many aspects of the merger were beyond the purview of the Technology Department, law firm technology does manage to touch on nearly every aspect of firm life, so my team's role in the merger process would proves a crucial one.

Initial Considerations

We found ourselves in the middle of a process we had never before experienced. Bringing in sole practitioners over the years was no substitute for managing and implementing a full-blown merger. Bringing aboard a sole practitioner is geared toward enveloping them and their staff with our existing firm's technology, which never required much in the way of absorbing anything other than their data onto our network, along with necessary training. The merger was nothing like that.

Right away the importance of managing expectations rose to the surface as a primary concern. The merger would get all our attention, but we didn't have any real prior experience. A few things were bound to go less than smoothly along the way, despite our best efforts. It was important everyone understood and accepted that (including us).

One of my mantras over the next few months (in addition to the always valuable "This too shall pass") became — "Sometimes there is no perfect, or right, choice. We just have to make a choice and live with the consequences." We had to recognize and convey to everyone involved that not only would some decisions be made that, in hindsight, weren't optimal, but that some decisions might be the best we could make given the circumstances we faced. With that understanding in place, we moved to the next phase — making our lists and checking them twice (or two hundred times).

At the top of my list? Stop referring to each of the firms by their pre-merger names. At the initial planning stages of the merger we weren't even close to a new firm name, but still it felt wrong to continue to refer to the old names. The merger decision had been made even though it wouldn't take effect for months. We needed to divorce ourselves psychologically from thoughts of "us" and "them" to assign equal weight to each side of the technology merger equation. If we continued to refer to each firm by name, I was concerned that we would continue to identify more with one firm than the other.

Identifying the firms by their street address seemed easiest — so Burgar Rowe became "The Mulcaster Office" and Purser Dooley became "The Ferris Lane Office." This may sound like an insignificant point but changing our mindset made clear to everyone (and ourselves) that my department was treating the firms equally.

The Master Merger Checklist

Now that we had mentally prepared ourselves by accepting the imperfect future of the coming merger, and had "renamed" the firms in our own minds, we commenced our analysis. How much were the firms alike technologically and how much were they different? Which technology policies and procedures would be adopted by which firm? Which network would be adopted? Which software would be used? How would the firm networks connect?

The questions and issues were endless. Unfortunately our time frame was not. In my next installment — compiling the merger checklist.

How to Receive BigLaw
Given the fragmentation in the legal industry, the world's largest law firms have achieved unprecedented success for which they don't receive enough credit. Given the size of the global economy, these firms still have tremendous growth potential. Written by large firm insiders, corporate counsel, and other industry experts, this newsletter unearths best practices in leadership, marketing, strategy, and technology to help large law firms (and midsize firms with growth aspirations) succeed on an even grander scale. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on January 17, 2012 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Many people know Jeff Richardson as the award-winning blogger behind iPhone J.D, a web site for attorneys who use the iPhone and iPad. However, few people realize he's a partner at an AmLaw 200 firm. We asked Jeff if he'd like to write a monthly column specifically for those in midsize and large firms. In today's issue of BigLaw, Jeff kicks off his new beat by tackling a question on the minds of many managing partners — should you buy an iPad for every lawyer in your firm, or at least support attorney-purchased iPads? Jeff's advice may surprise you. Also, don't miss the BigLaw Pick of the Week (subscribers only) for a look inside a large firm spinoff that abandoned the billable hour among other time-honored traditions.

SHOULD LARGE LAW FIRMS BUY AND SUPPORT IPADS?

Some large law firms have received publicity for buying iPads for all of their attorneys. For example, as I reported on iPhone J.D. last year, Bassford Remele, a litigation law firm in Minneapolis, gave iPads to each of its 50 attorneys. Similarly, as reported here in BigLaw, Proskauer Rose made iPads available to its 700 lawyers. The list goes on — Holland & Knight gave iPads to all of its associates, while Patterson Belknap Webb & Tyler gave its associates a $675 Apple gift card to cover the cost of an iPad. Should your law firm join this trend?

iPads Are Incredibly Useful Tools for Lawyers

iPad-related announcements generate buzz because the iPad is hottest gadget for lawyers today. For example, members of the International Legal Technology Association (ILTA) recently named the tablet the most exciting technology or trend in law firms today. And for now at least, "tablet" essentially means iPad. According to a survey conducted by the ABA Legal Technology Resource Center in early 2011, 90% of attorneys who use a tablet use an iPad. Just because the iPad is buzzworthy doesn't mean it is a mere passing fad. In fact, according to at least one analyst, it potentially represents an inflection point in computer history.

Instead of carrying multiple, heavy binders to court with pleadings and cases, you can carry a thin and light iPad with every document saved as a searchable PDF file organized into folders using an app such as GoodReader (the best $4.99 that any attorney can spend on an app). It's easy and unobtrusive to carry that iPad to the podium or to the bench, an advantage over a laptop.

Similarly, an iPad is often more than sufficient for business travel because it can handle email (using the built-in Mail app), simple document editing (using a third party app such as the $9.99 Documents to Go app), and web access (using the built-in Safari app).

Admittedly, some tasks still require a computer such as a PC-only program for which there is not yet an iPad equivalent (e.g., some document management systems, client relationship management systems, sophisticated redlining software, etc.). However, even in these circumstances you can often use a remote access app on the iPad such as the free Citrix Receiver app or the free LogMeIn app). Indeed, any attorney with an iPad will probably want to take the iPad when traveling anyway, even if just for entertainment purposes such as reading an ebook, browsing a magazine, watching a movie, or conducting a videochat with a spouse and/or children.

Thus, the question is not whether to take an iPad or a laptop, but instead whether the extra cost, inconvenience, and weight of a laptop is worth it when the iPad will be along for the trip anyway.

Deciding Whether to Pay for iPads

Of course, just because a tool is useful doesn't mean that law firms need to pay for it. All large law firms pay for their attorneys' computers, which deprives your lawyers of choice, except perhaps for laptop versus desktop. Also, law firms typically don't allow the installation of unauthorized software such as games on firm-owned equipment.

As useful as an iPad is for work, it is also a personal device with undeniable entertainment value. Any attorney using an iPad will have a personal iTunes App Store account, making it easy to install third party apps. The iPad may have the ability to replace a laptop computer, but its personal nature it makes it similar to a smartphone.

One possibility is for your firm to let attorneys choose between a firm-purchased laptop, or a firm-purchased desktop plus a firm-purchased iPad. After all, a business-class laptop running Windows 7 costs about $1,500, while a similarly-configured desktop PC costs well under $1,000, a difference sufficient to pay for an iPad.

The problem with this strategy is that almost every attorney will experience situations in which they need a laptop when on the road or even just at home over the weekend. Remote access apps like Citrix and LogMeIn are powerful, but sometimes you need a larger screen and mouse to accomplish certain tasks. Indeed, new computer purchasing decisions often occur in the context of new associates who lack the experience to understand what they are giving up by not opting for a laptop.

Our Firm's (Current) iPad Policy

Admittedly, I have a clear bias here. As a New Orleans attorney who lived through Hurricane Katrina, and a member of a law firm with offices along the Gulf Coast, I place a strong emphasis on the ability of our lawyers to pick up their computer and continue being productive in another location with little prior notice.

But many large firms don't have as high a risk profile as ours, at least regarding natural disasters. If you already use desktop computers — perhaps because everyone uses a centrally-managed desktop environment such as one offered by Citrix — then the desktop plus iPad option may make more sense for you.

One size fits all doesn't work for solo practices let alone large, complex organizations like ours. Thus, I can't make a single recommendation as to whether we should all follow Proskauer Rose. Circumstances and firm cultures vary too much. The decisions that your firm has made regarding smartphones may offer the best model for your approach to iPads. Do you pay for devices, just pay monthly data and/or voice fees, etc.?

In my own firm (of about 300 attorneys), we have not purchased iPads for every attorney. We have not felt a need to do so because so many of them have already purchased one on their own, which eliminates problems with attorneys putting personal data on firm-owned equipment, and has the advantage of letting each attorney decide which model they want. For example, the main justification for a 64 GB or even 32 GB iPad is to store lots of personal movies, photographs, and graphics-intensive games. As for connectivity, some lawyers may want an iPad with AT&T or Verizon service whereas others may need only WiFi.

More Importantly, Embrace and Support iPads

While I don't have a one-size-fits-all policy on buying iPads, I do have one specific recommendation for every large law firm — actively support iPad use. Make at least one member of your IT staff an iPad professional with the ability to help new iPad owners get connected to email, contacts, and calendars. This person should also be ready to recommend and help troubleshoot problems with iPad apps.

Additionally, consider having this person (or an "expert attorney" in your firm) hold training sessions on how to effectively use in iPad in law practice. To this end, in next month's BigLaw column, I'll recommend the iPad apps that large law firms should support and encourage their lawyers to use.

iPads are already amazingly useful in the practice of law. By actively supporting iPad use, you can encourage and assist your attorneys with making the most of the iPad.

How to Receive BigLaw
Given the fragmentation in the legal industry, the world's largest law firms have achieved unprecedented success for which they don't receive enough credit. Given the size of the global economy, these firms still have tremendous growth potential. Written by large firm insiders, corporate counsel, and other industry experts, this newsletter unearths best practices in leadership, marketing, strategy, and technology to help large law firms (and midsize firms with growth aspirations) succeed on an even grander scale. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on March 27, 2012 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

You've no doubt heard the cliche about your most important assets walking out the door every day (except for those pulling all-nighters). With the lateral market on fire, this issue of BigLaw arrives just in time. To help your firm retain its talent, freelance reporter Mary Kate Sheridan sought advice from legal recruiting powerhouse Major, Lindsey & Africa. She learned that aside from money, lawyers typically jump ship for six reasons. Also, don't miss the BigLaw Pick of the Week (subscribers only) for the 14 leadership lessons of Steve Jobs according to his biographer.

A LEGAL RECRUITER'S ADVICE FOR RETAINING YOUR TOP TALENT

My first BigLaw column last week — Three Important Considerations Before Leaving the Large Law Firm World — was an anomaly. Today, back to business. In fact, today's column perfectly coincides with BigLaw's new slogan: Helping large law firms grow and achieve enduring success.

Given the amount of time, effort, and money that you invest in associate recruiting, the last thing you want is your top talent heading for the door. As the lateral recruiting market heats up, firms need to focus not just on recruiting lateral stars and their teams but also on retaining their own lawyers.

To help you improve retention, who better to ask than the source of your pain? I spoke with one of the industry's leading recruiters on how to prevent her firm from luring away your best and brightest.

1. Set Clear Expectations, and Provide Feedback

Working at a large law firm can provide associates with tremendous training and access to brilliant, experienced attorneys. But an attorney's growth largely depends on the firm's commitment to associate development.

"I don't think that firms start early enough to lay out the essential skill sets to become a partner," said Beth Woods, Managing Director at the recruiting firm Major, Lindsey & Africa.

Many firms fail to provide this big-picture training, resulting in many associates lacking a sense of what the firm expects of them. Instead, firms should outline associates' expected growth profiles and the accompanying skills necessary to achieve them, observes Woods who has noticed more firms starting to implement competency-based matrices to measure skills and development.

Firms should also provide associates with continuous feedback on their performance rather than blindsiding them at review time. Associates may lose trust in a firm that stays tight-lipped about short- and long-term expectations.

2. Don't Keep Associates in the Dark

Goals and expectations aren't the only tidbits that associates seek. They also want to understand how their work fits into the bigger picture. According to Woods, a large law firm associate may take a pay cut to pursue an opportunity at a midsize firm, which will require the same hours, but offer a better understanding of the bigger picture and more client contact.

Exposing associates to the ins-and-outs of cases will help them feel like part of the team and foster a sense of appreciation for their contributions.

3. A Little Respect Goes a Long Way

Treating your associates as fungible widgets is a big no-no when it comes to attorney retention. How a firm handles difficult situations — such as layoffs — affects how attorneys perceive the firm, says Woods.

After the recent economic downturn, associates who felt unfairly treated were more likely to try to jump to a new firm, according to Woods. Attorneys are much more likely to stick around a place where they feel respected and valued. And associates talk, says Woods, so a bad reputation can go viral.

4. Culture Is Critical

Money isn't everything when it comes to keeping your attorneys happy. "A primary driver that I've witnessed through every sector and industry is that personal connection — enjoying your colleagues, enjoying your coworkers — goes a long way in assuaging any downside or any negatives that may exist in work," said Woods.

A firm's culture is an important aspect of associate happiness, especially given the lengthy hours at the office and the time spent with colleagues. Firms should focus on fostering personal relationships — both through formal mentoring and informal connections — among attorneys to help create a friendly work environment.

5. Recognize All Contributions

The billable hour may rule, but it shouldn't be the only consideration when evaluating associates who may contribute to the firm in other ways such as committee participation, recruitment efforts, and pro bono work.

Associates who participate beyond their billable work sacrifice their precious time to benefit the firm — time they could spend focusing on their own personal relationships. If these volunteers — your firm's ambassadors in a sense — feel underappreciated or worse are penalized for their non-billable work, their attitude may sour.

Thus, firms should consider "good corporate citizenship" behavior when deciding on bonuses or partnership, says Woods. That's not to say firms can't have billable hours requirements, but they should also recognize the value derived from associates' alternative contributions and reward these efforts.

6. Be Flexible and Run Interference When Necessary

Clients can easily forget the human costs of the work they send outside counsel. Because the hours are so demanding, it's up to the firm's management to intervene when necessary to give associates the ability to attend to their personal lives.

Preventing associates from attending a funeral or wedding or even a more mundane event will not engender loyalty. Flexibility may also entail allowing associates to work from home on occasion or in some cases permanently. Associates will be inclined to stick with a firm if they can better balance their personal lives with work.

How to Receive BigLaw
Given the fragmentation in the legal industry, the world's largest law firms have achieved unprecedented success for which they don't receive enough credit. Given the size of the global economy, these firms still have tremendous growth potential. Written by large firm insiders, corporate counsel, and other industry experts, this newsletter unearths best practices in leadership, marketing, strategy, and technology to help large law firms (and midsize firms with growth aspirations) succeed on an even grander scale. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on October 4, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Remember the popular advertisements for beer in which two groups argued between the relative importance of "great taste" versus "less filling"? A similar debate is brewing regarding the creation of blogs for large law firms. What is more important — great content or great design? Most law firms have lawyers capable writing great content, but few have designers in-house that can build and design good-looking blogs. Can you ignore design? Or should your blog(s) have both?

The Case for Great Content

Great content alone can make a blog successful. If you write blog posts helpful to your industry, people will read them, email them, tweet them, etc. — and the media will take notice too. Eventually, they'll end up on sites that corporate counsel use such as JD Supra, Lexology, and Legal OnRamp.

Perhaps most importantly, Google loves great content. The better your content is, the more links it will accumulate. Google's search algorithm uses more than 200 "signals" to rank web pages, but inbound links remain among the most important (the famous PageRank patent). One caveat — Google does not "value" links on social networks as highly as those on web sites so try to encourage others to link to you from their sites (easier said than done).

The Case for Great Design

People who read your blog via email or an RSS reader like Google Reader could care less about your blog's design. But many people will read your blog in a web browser, including everyone who first discovers it with a Google search. So let's explore the design issue.

You don't need to be a designer to recognize a good design. Even if only for a second, we're all conscious of the design when visiting a blog for the first time. Sometimes, the design is so good we notice for more than a second because it blows us away. And sometimes the opposite happens — we can't believe how bad it looks. This first impression is important.

A key element of blog design is user interface, which is often overlooked. A while back I was on a law blog trying to find the author. It took me several clicks before I could find his contact information. What's the point of creating a blog and gaining exposure if prospective clients can't contact you?

The layout and design of your blog is not just important but critically so. Make sure it's easy for people find your contact information. Make sure your blog gives people a positive impression (no pop-ups is a good policy with which to start).

Can You Have Both?

"Why can't you have both"? A designer at a recent conference I spoke at asked me that question. Yes, of course you can have both. As a large firm, you have an advantage. Hiring a top-notch designer won't have a material impact on your expenses unlike at a smaller firm with a much smaller marketing budget.

That said, a blog with great content that uses a prefab template will outperform a beautiful blog with a custom design that lacks great content — as long as the template makes it easy to contact the author(s).

So feel free to spend $10,000 on the design of your blog, but make sure you can create quality content on a regular basis before making that leap. After all, the leading cause of law blog failure is the failure to publish at all.

Conclusion

Blogs don't cost much money to start. Many inexpensive and free options exist. Far more important is the quality of the content and the frequency with which you add content. Publishing is a grind. Law firms are not media companies by nature so many just wing it without editorial calendars and other publishing workflow tools that they may not even realize exist.

I recommend that even large firms start conservatively. Have a basic blog built for you by a local web designer for no more than $1,500. Try blogging for six months. If you like it and think you can keep it up, make a more substantial investment.

The blogosphere is littered with failed blogs that never made it past their first couple of blog posts. Having a blog experiment fail quietly is no big deal, but having a blog fail after spending a lot of money is fodder for Above the Law and others in the large firm gossip business. If you start creating great content, people will ignore the design as long as it's not terrible. After all, you're a law firm, not a fashion magazine.

Written by Adrian Dayton of Marketing Strategy and the Law.

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.

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.

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.

Originally published on October 18, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Law firms, lawyers, and recruiters all expect the best in any lateral move. The firms expect a superstar with a massive portable book. The lawyers expect a better platform — broader footprint (better technology, stronger cross-selling, etc.) on which to display their talent. Recruiters expect fat commissions, usually in the neighborhood of 25% of the moving lawyer's projected total annual compensation.

But sometimes lateral moves don't work according to plan. This month, we thought we'd catch up on recent lateral moves gone awry. And to make this task more challenging, we've avoided the low-hanging fruit. Suits over placement commissions are a dime a dozen. The stories below address some of the more-novel aspects of lateral moves gone wrong.

Look Before You Leap

Chris Gilbert's career was going swimmingly at K&L Gates, but he was happy to field a cold call from recruiter Diane Caldwell who told him he needed to escape from K&L Gates' lockstep compensation structure and move to a firm where his skills would truly be appreciated. According to Gilbert, she spun a tale of becoming a practice leader and making more money. According to Caldwell, he was a big boy — a partner no less — capable of making his own decisions.

Starry eyed, he left K&L Gates for Patton Boggs, but it didn't work out. Gilbert doesn't provide too much detail in his complaint of what went wrong, but the relationship didn't last long. He's now at Bryan Cave and has sued Caldwell for fraud, negligence, breach of contract, etc. She denies any responsibility.

Runaway Bride

Sometimes taking that extra day to think about a move causes a sea change in expectations. Much like a runaway bride, Stephen Kon just couldn't make that walk down the aisle. The SJ Berwin EU and competition boss was all set to move to Milbank Tweed, but at the last minute, he and partner Cameron Firth called the whole thing off. Kon and Firth were pretty well down the path, having tendered their resignations and been voted into the Milbank Tweed partnership.

SJ Berwin has a pretty good reputation, and is well within the top 20 UK firms, but Milbank Tweed is a global behemoth, which would have been quite the culture shock. Kon, as one of the founding partners of SJ Berwin, probably had more of an emotional attachment to the firm — although he was also one of the leads in the aborted merger discussions with Proskauer Rose. Kon is now likely one of the strongest contenders to take over as senior managing partner in the spring elections.

You Can't (Usually) Take It With You

Lawyers, perhaps because we write the rules, enjoy some unique benefits in our mobility. Unlike other professions where non-competes of various strictness may be enforced, lawyers have largely unfettered rights to take their files with them, all under the guise that the client's right to counsel of her choice shouldn't be restricted.

Some limits exist though, so departing lawyers have to make sure they're playing by the rules. Not surprisingly, spurned firms already feel insecure, which can cause them to react angrily when the files, and fees, walk out the door. Just ask Hunter Shkolnik who was sued by his former firm, Rheingold, Valet, Rheingold & McCartney.

Even more rare than seeking a TRO for the return of files as Rheingold Valet sought is an injunction against a lawyer's practicing for a period of time. Philadelphia personal-injury firm Kline & Specter recently sought one against an associate, claiming he had failed to give the required notice. An associate's departure might be one of the few cases in which a court could convince itself that the client still had access to the partners, although this case certainly seemed like a close call.

Making Them Pay

While we can't restrict our clients' access to the counsel of choice (notwithstanding the cases above), firms have figured out one way to keep wanderlusting lawyers around — cutting their retirement benefits. That's what Stroock & Stroock & Lavan did to Michael Perlis, a 20-year partner. Just weeks after taking his securities litigation team to Locke Lord, he sued for the retirement benefits the partnership agreement purported to cause him to forfeit.

Conclusion

Other than personal bonds and loyalty, both of which are apparently in short supply at many law firms these days, very few tools exist to keep a partnership together. It's no surprise that firms like Stroock have created contractual attempts to prevent departures.

Partner departures individually tend to have very little effect on large firms, but they are often early indicators of firms in trouble, and can become self-fulfilling prophecies. Looking back, early departures from firms like Brobeck and Howrey signaled something wrong beneath the surface. Then, people started connecting the dots and speculating. Partners started looking at their own options, worried they'd be left holding the bag, which kicked off the vicious cycle that led to the demise of these firms. One of the benefits of this BigLaw column and the Lateral Tracker is that they enable you to spot these trends early.

Written by Law Shucks, which curates and analyzes data on large law firm lateral hiring.

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.

Originally published on September 20, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

August is usually a quiet month for large firm laterals, but this year it was hot, hot, hot. We'll highlight two trends — law firms entering new markets overseas and beefing up their talent in hot practice areas.

Kirkland's Hong Kong Coup and More International Expansions

The four big UK Magic Circle firms (e.g., Slaughter & May) and American firms like Baker & McKenzie and White & Case have long believed in having local presences around the world. We may be seeing a renaissance in that mindset as firms look at opportunities. And they're not necessarily playing nice about it.

The headline move for August was certainly Kirkland's grand entry into Hong Kong. In one fell swoop, Kirkland rounded up three corporate partners from Skadden (leaving eight), three from Latham, and one from Allen & Overy (along with a senior associate who is joining as a partner). Kirkland's bold move instantly gives the firm a significant presence in the market.

Kirkland immediately caused ripples as Skadden turned around and lured banking lawyer Clive Rough out of his recent retirement from Freshfields and moved in M&A partner John Adebiyi from London. Skadden has stated that it remains committed to the Hong Kong market, so additional moves should not surprise anyone. But as we noted last month, associates who aren't taken along with their departing partners need to be on layoff alert.

Other firms targeting international expansion include:

• Locke Lord and Troutman Sanders in London.

• Dewey & LeBoeuf in Kuwait (the firm already has four offices in the Middle East).

• Sheppard Mullin in Beijing by hiring a Squire Sanders partner.

Bird & Bird may or may not have been actively looking to expand in Germany, but the opportunity to pick up the Hogan Lovells Hamburg media team couldn't be passed up. That firm has been hemorrhaging lawyers in certain markets since last year's merger.

Another firm that saw an opportunity it couldn't resist was Linklaters, which made its first Paris lateral hire in four years, picking up a capital markets partner from Gide Loyrette Nouel. As we saw last month with Cravath's hire of Christine Varney, even the firms that have traditionally avoided lateral hires have reconsidered that strategy.

Serendipitously, LegalWeek just published a retrospective on Proskauer's foray into the London market, which highlights just how difficult it can be to break into a developed market (subscription required).

The Patent War Results in a Talent War

The HogLove merger was more opportunistic than anything, but Google's $12.5 billion acquisition of Motorola Mobility in August demonstrates why firms constantly seek partners in big-ticket practice areas.

Only Google knows all the reasons for its acquisition, but patents certainly played a role. As Bloomberg noted, when companies spend that much money on patents, smart law firms spend big bucks on patent lawyers.

Unfortunately, these firms must also compete with the technology giants' inhouse legal departments, which can offer options, better working conditions, and the opportunity to boss around former colleagues. Apple recently created a position for a head of IP litigation, which it filled with a former Sun lawyer. Apple also hired a new chief patent counsel from HP.

The Ghost of Ma Bell

Getting closed out of deals has always been a compelling reason to change firms — or, as David Boies most notably did, start your own. Rather than share fat telecom-deal fees, Carl Northrop decided to hang his own shingle, along with some of his former Paul Hastings partners, creating Telecommunications Law Professionals.

Much like Boies' frustration with Time Warner keeping him out of doing a deal for the Yankees, Northrop and company were none too happy about not being able to go up against the $39 billion AT&T/T-Mobile merger, which is spewing off tons of antitrust work now that it's been opposed (the FCC hired Renata Hesse from Wilson Sonsini in May to oversee the matter).

Low Margin Practice Areas and the Super-Boutique

On the flip side, once in a while a firm decides that it has a practice area it no longer wants to support. Not surprisingly, it's never M&A, IP, regulatory, or the like. It's always something far more plebeian and lower margin. CMS Cameron McKenna is exiting the immigration business, jettisoning 15 lawyers to Fragomen "an international firm specializing in immigration law." If you missed the link in BlawgWorld, read Jordan Furlong's take on this move, which he dubs the "rise of the super-boutique."

We've always felt that large firms only maintained immigration and similar practices as favors for high-net-worth individuals and major international corporate clients. These folks have finally realized that the help they need shouldn't be at the rates they're forced to pay.

Conclusion

Large firm moves aren't always about interpersonal relationships. They're often about the same economic drivers that motivate the business world — seeking out untapped markets, be it geographic or new services. This profit-driven model of law firms is also driving similar attitudes in partners, as they're constantly on the prowl for the BBD (Bigger, Better, Deal). This business first mindset results in a lot of churn as firms and partners try to maximize their profits with little long-term commitment.

Written by Law Shucks, which curates and analyzes data on large law firm lateral hiring.

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.