TechnoLawyer: CLE/News/References

Coming today to Fat Friday: Paul Mansfield reviews the Fujitsu ScanSnap with Rack2-Filer software, Roy Greenberg offers a fix for BitDefender when it stops working after a Windows restore, Tim Dix clarifies a point about SaaS storage in a recent TechnoFeature, Lane Trippe shares some further thoughts on the health care debate, and Harold Burstyn explains why he won't shop at Amazon ever again. Don't miss this issue.

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Originally published on January 26, 2010 in our free SmallLaw newsletter.

Just the word "networking" strikes fear in the heart of otherwise amazing lawyers. For some reason the idea of talking to people we don't know causes our stomachs to turn, and find an excuse that precludes us from attending the networking event. Fortunately, it's possible to meet potential referral sources, without going to a networking event. Think CLE.

It's so much easier to meet people when it doesn't feel like the whole point of an event is to meet people. Many of us in the small firm world obtain referrals from fellow lawyers. Most lawyers constantly field requests from friends, family and clients for a referral to appropriate counsel. The more lawyers you know, the more calls you'll receive.

Continuing legal education events offer an excellent way to meet other lawyers. Most of us don't think of these programs as networking opportunities. Mostly we think of them as a dreaded requirement. However, you'll grow to love continuing education courses if you make them a source of new clients using the 10 tips below.

1. Pick education programs that present opportunities to meet referral sources. Think through who will attend the program. Your competitors? If so, don't go unless you're going to pick up business from their conflicts of interest. Lawyers with high volume practices (i.e. residential real estate, traffic ticket attorneys, etc.) who can make plenty of referrals? Make sure you target your efforts carefully.


2. Make it your goal to meet as many people as possible. Sit down in the middle of a crowd. Introduce yourself to everyone nearby. Ask them questions and learn about their practices.


3. Bring a pile of your business cards and be prepared to collect cards from everyone else.


4. Prepare your elevator pitch and deliver it at every opportunity. You can assume people will ask what kind of law you practice. Have a good, memorable answer. Make sure it includes your practice area, geographic area, etc. Practice it in advance.


5. Get to know the speakers if it's a live presentation (I suggest you only attend live presentations). It's easier to connect with the speakers if you sit in the front. You can ask questions and you can pop up and meet them when they finish. The speakers are usually movers and shakers and are well worth getting to know.


6. Meet the course planners. Like the speakers, they are usually well-connected leaders. You want to meet them and have them remember you. Connect with them, give them your elevator pitch, and hand them a card. Maybe they'd like to have you speak at an upcoming session.


7. If lunch is provided, don't sit with your friends. Meet some new people over lunch and get to know them. If lunch isn't provided, invite someone you meet to go with you to lunch. Even better, organize a group to go out.


8. Spend as much time as you can manage out in the hall chatting with people. Don't worry about missing parts of the program (if this strategy works for you, you're going to get far more credits than you need).


9. If you attend a two-day program, arrange to have dinner with a group. Don't eat alone. Be the organizer. Make it happen even if it means making an announcement and inviting everyone. If you cast yourself into a leadership role, others will view you as a leader.


10. Follow up. Take the cards you've collected and follow up with each person. Send a note, arrange a lunch, or plan a coffee. The follow-up is the key. You will not get referrals from these people if you don't follow up. Follow-up is a mandatory part of this marketing plan.

Continuing education can provide you with practical knowledge. It can also provide much more. If you have to sit there anyway, you may as well use your time to meet people who can refer new clients to you.

Written by Lee Rosen of Divorce Discourse.

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Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Coming today to Answers to Questions: Gary Garland reviews Time Matters for small firms, Roy Greenberg reviews Amicus Attorney Small Firm Edition 2009 and provides some tips for installation, Elizabeth Markus reviews Snagit and PaperPort for capturing Web pages, Jeff Harris shares a tip for finding cheap Endicia postage labels, and Michele Gressel reviews HP's Word 2007 online tutorials. Don't miss this issue.

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Originally published on October 26, 2009 in our free SmallLaw newsletter.

When I'm on the road speaking, people most often ask me about practice (case) management systems. Practice management systems focus on tying everything together. In doing so, they integrate with various other programs on the typical law practice computer system: billing systems, word processors, document managers, email accounts, and more.

As we approach the end of the first decade of this century, a growing number of law practices can finally achieve the "holy grail" of practice management systems — a single point of entry for all client and case file information. Below you'll find some of my favorite tips (or "hacks" in the SmallLaw vernacular) for pushing the practice management usage and integration envelope.

1. Does It All Connect?

Check all your key software systems for the ability to integrate with your practice management system. Most practice management systems tightly integrate with Microsoft Outlook, enabling you to tie email messages sent and received (and attachments) directly to client files. Most can also integrate with document management systems like Worldox, enabling you to connect every document created, received, scanned, etc. to client files.

Also, before you sign your life away on a new smartphone contract, make sure you understand how it will sync with the software you currently have or plan to implement. It does you no good at all to buy a shiny new BlackBerry Storm only to find that syncing requires two steps using Microsoft Outlook via some version of BlackBerry Professional or Enterprise Server. Or that your new iPhone can only sync in real-time with your practice management system via Outlook's ActiveSync system, which requires a Microsoft Exchange Server.

Regularly check the practice management program vendor's Web site for any updates and patches. Staying up to date will keep the links to all the integrated software you use in good working order.

2. Automate Your Time Entry

Enter all your time and your to-dos in your practice management system. Not only will you stay on top of all aspects of your open files, but it will also make it more likely you'll bill all your time, rather than have those little "tenth-ers" dribble away. Many practice management systems can then either automatically (or semi-automatically) convert to-dos, calendar entries, and case notes into time entries — automatic is good!

3. Save and Make Money With Your Smartphone

Most professional liability insurance companies still require duplicate calendars. Check with your carrier to see if using a smartphone's calendar that syncs to your practice management system will count as calendar number two.

And since you'll always have your smartphone with you, enter time on the road. Many legal billing systems offer handheld time entry capability directly or through add-on services like MonetaSuite, AirTime Manager, or Proximiti WorkTRAKR.

4. The Backup of Last Resort

Do you have my ultimate backup plan in place? If not, your smartphone may save you more than money. Using a smartphone or synced laptop/netbook is also a mini "better than nothing" backup for your practice management program. Keep your device with you and not at the office to safeguard your data.

5. Get the Right Training

Learn how to actually use your practice management and billing programs, the links between them, and how they interact with your portable tools: smartphones, laptops, netbooks, etc.

You could read the manuals yourself, but consider professional training as an alternative. Be very picky and selective about who trains you.

If you were accused of a serious crime, would you hire a first year wet behind the years criminal law rookie to defend you? Of course not — you'd hire the best criminal defense lawyer you could afford. Why wouldn't you take the same approach in finding and hiring a practice management system consultant/trainer?

Your practice management system will interweave itself into the very fabric of your practice. Allow plenty of time for implementation, training and learning. It won't happen overnight but is well worth the time invested.

Any practice management system, properly selected, and well implemented, will give any firm a sizable return on investment. But the converse is also true however — a poorly selected, badly implemented practice management system will become a sinkhole into which you pour otherwise billable time. So get it right!

Written by Ross Kodner of MicroLaw.

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Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Originally published on September 28, 2009 in our free SmallLaw newsletter.

On January 1st, I donned my Rosstradamus hat and robes, gazed into my crystal ball, and published 30+ legal technology predictions with a bent towards the solo and small firm world in which I spend much of my professional time. How have my prognostications played out after nearly nine months? Let's take a look at ten of them.

1. At Least 10% of the Amlaw 100 Law Firms Will Fold By The End of 2009

Fortunately for large firms, my prediction was somewhat overstated. Four significant firms failed: Thelen, Heller, Wolf & Thatcher, not the ten that I had predicted. However, the large firm landscape has clearly shifted, perhaps permanently (see #2 below). More than a few larger firms have delayed the start dates of new associates or announced moratoriums on new hiring. While all is not that well, I'm glad most of these firms avoided an apocalypse.

2. The Rise of BigSolos

I've received flack for coining this term, but I'm not sure what else to call them — emigrants, escapees, laid off, downsized lawyers from megafirms who decide to go the solo or small firm route.

My prediction was right on the money. More and more BigSolos continue to stake out their self-shingled territory. I'm working with several, helping them make the transition from mega-office to being on their own.

3. Software as a Service Makes Serious Inroads

Again, I was correct — just look at the continually growing success of SaaS practice management systems such as Clio and Rocket Matter, as well as billing management like Bill4Time and Web-based eDiscovery products. Expect the SaaS market to heat up, especially for smaller and more frugal firms throughout the next several years to come.

4. Twittering Will Eclipse Blawging for Small Firm Marketing

Whether it's Twitter, Facebook, or LinkedIn, social media use for business development has exploded. Who would have expected blawging to feel almost passe in comparison?

5. Windows Vista Will Quietly Disappear From the Scene

Windows 7 will be released in October. No one will mourn the death of Vista. It deserves to die.

6. Netbooks Will Replace Ultralight Laptops in Small Firms

Netbooks have indeed virtually destroyed the pricey ultralight laptop marketplace. I see more and more small firm lawyers using netbooks with port replicators as desktop replacements. Running 3-4 major apps with 2 GB of RAM seems to work surprisingly well — and the pricing is spot on for these troubled economic times.

7. Practice Management Systems Move Past 10-20% Adoption

This was more a hope than prediction. There is definitely a renaissance period underway for all practice management systems, whether newer generation SaaS tools (see #3 above), or more traditional locally installed systems (especially STI's PracticeMaster as it continues its Tabs3-fueled rise in market share and reputation). More small law firms than ever now see the light, acknowledging that not having a practice management system is tantamount to … well, insanity.

8. More Firms Will Get a Clue About Data Backup and Learn That Online Backup Alone Is Not Adequate

Sadly, I think we've made little progress in this regard. Online backup systems have matured, not in a necessarily positive way. Maturity can mean outsourcing of tech support offshore, creating nightmarish situations in which backups don't work reliably, and worse, restores don't occur. My revised prediction — backups will come full circle to local, full system backups but with smarter devices that simultaneously replicate and mirror data offsite.

9. Virtual Law Practice Will Rise in Popularity, Especially Among Solos

I couldn't have been more accurate as more and more small firm lawyers share office space, take advantage of executive suites offered by Regus and others, or set up a home office. It's all about cutting costs to maintain, or ideally, maximize profits. Expect more of the same for small firms that often just don't have any real need for traditional office space.

10. Interest in CLE on Legal Technology Will Increase

Speaking from my own experience, I see larger and larger turnouts at practice management and legal technology-oriented CLE programs. Polling of attendees shows, admittedly anecdotally, that the majority of audience members work in firms with fewer than 20 lawyers.

It seems that small firm lawyers are taking the time to bone up on smarter ways to run their practices, as opposed to just cramming on substantive CLE. Most attendees seem driven by a desire to minimize non-billable administrative time, and maximize billable/salable time.

Not Too Shabby

Overall, my nine month old predictions fared well. Let's hope for continued progress among all solos and small law firms as we head into 2010.

Written by Ross Kodner of MicroLaw.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

A decade ago, the Web sites of Major League Baseball (MLB) teams mirrored the standings. Wealthy teams like the Yankees had the best sites. Recognizing this disparity and the growing importance of the Web, MLB persuaded the teams to dismantle their individual sites, and join forces under the mlb.com domain name. Nowadays, the team sites share a similar layout, features, and navigation. MLB and the teams have enjoyed enormous financial success as a result of this collective effort.

The Web sites of today's state bars resemble the MLB team sites of yesteryear. Some offer a better design and better content than others. Although the state bars do not belong to a centralized organization like MLB, they should consider teaming up on the Web under a shared domain name.

Notwithstanding the differences among state bars, they more or less perform the same functions, resulting in considerable overlap among their online needs — similar to baseball teams. Consider the benefits of an MLB-style network of state bar Web sites:

• Lower Costs: By splitting the cost of the underlying infrastructure and the people require to manage it, state bars would save money and have a better Web site than they could afford on their own.


• More Content: Shared technology would also enable state bars to spend more time and money on content, resulting in greater loyalty among their members and more search engine traffic.


• More Revenue: State bars have ceded revenue opportunities to startups such as Avvo (lawyer ratings) and LegalMatch (client prospecting). With an advanced technology platform, state bars could collectively compete for this revenue with offerings of their own. In fact, it's shocking that state bars don't dominate the lawyer ratings and search marketplace given their natural advantages such as mandatory membership.


• CLE Partnerships: It's unlikely that every state bar would agree to the same CLE rules, but if they could agree on what an online CLE course should entail, they could pool online CLE courses and share revenue. For example, if a Florida lawyer takes a CLE course created by the State Bar of Texas, the Florida Bar might receive a 15% commission.


• Autonomy: I don't find it confusing when I visit the Yankees site at newyork.yankees.mlb.com. Similarly, each state bar association would retain its identity as an independent organization thanks to their own sub-domain and tools to publish state-specific content such as ethics rules, a live events calendar, the staff address book, etc.

A Long Shot But Not Impossible. What About Voluntary Bar Associations?

We've worked with several state bars over the years. Although some state bar executives have the authority to close deals, others must receive approval from committees that don't meet frequently.

Therefore, such an initiative would face an uphill battle. But such collaborations have occurred in other industries. For example, the movie studios created the MPAA for film ratings and other functions. Also, most state bar executives already know one another — it's a small world.

A coalition of state bars with a common Web presence would likely pose a threat to voluntary bar associations. However, there's no reason why voluntary bar associations can't create a network of sites as well. In fact, many local bar associations struggle with their Web sites given their small size and budget. Their need to share Web development resources is even more pressing than that of the state bars.

With baby boomers about to start retiring, the majority of lawyers will inevitably demand better online resources from their state bars and especially from voluntary bar associations. MLB has hit a home run with its network of team Web sites. State bars and their voluntary counterparts should take note and steal this strategy while they still have time to win the online game.

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The State of the Blawgosphere (Podcast)

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Don't Be a Stranger

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Change and Reinvention Are Altering the Legal Profession

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Originally published on May 11, 2009 in our free SmallLaw newsletter.

In my last two columns, I introduced the idea of the MDTR — the "Minimum Daily Technology Requirements" for every solo and small firm's technology needs.

Part 1 discussed hardware needs.

Part 2 discussed software needs.

This third and final segment explores some important ancillary subjects from electrical protection to choosing and using consultants.

MDTR: Electrical Protection

UPS and Surge Protectors

Round out the MDTR for hardware with a battery backup such as the cost effective APC Back-UPS 500 for around $100 to provide both surge protection and electrical backup in the event of power dips or short outages without crashing your PC.

Plug all other components like your printer into professional grade surge protection from companies like APC, Tripplite, or Belkin (general rule — if a "surge protector" is under $15, skip it — not enough protection — you want a stated rating of "surge clamping capacity" of 700 "joules" or better).

Mobile Surge Protectors

Mobile lawyers should always plug their laptops/netbooks into a portable surge protector. Three suitable models include:

Tripplite Traveler ($20)

APC Notebook SurgeArrest ($20)

Belkin Mini Surge Protector with USB Charger ($25)

MDTR: Routers, Switches, Firewalls and Such

A dizzying array of network gear exists for sharing Internet connections (routers and switches), and for keeping the "bad guys" out (firewalls). Some devices even offer the trifecta of shared Internet connectivity, firewalling, and WiFi wireless capabilities. So for simplicity's sake, we'll list one model and discuss the topic more fully at another time.

One possible approach (among many — I could write 50 pages on this subject alone) would be the Netgear FWG114p PROSAFE 802.11G wireless firewall 4 port 10/100 network switch and USB print server. Quite a mouthful, but the gist of it is that it provides Internet sharing, wireless capability, network firewall functions, and network connectivity for about $125.

Extend the network ports with any other 10/100 (Fast Ethernet) switch. If you have a larger budget and proper cabling throughout your firm, consider Gigabit Ethernet.

MDTR: Smartphone

Why would anyone want to practice law without one? Clients, especially in this tight economy, expect you to have this capability (like it or not). I don't care what you have as long as it integrates with the MDTR software list — integrating as easily as possible with your practice management system of choice and Outlook 2007. So whether it's a BlackBerry, an iPhone, a Treo/Centro/(soon to be available) Pre model from Palm, or a Windows Mobile-equipped device, any smartphone is better than, well ... a dumb-phone.

The ultimate selection criterion for any smartphone should be a positive answer to the question: "Does this device easily integrate/synchronize with my software systems?"

MDTR: Virtualize Yourself v. Adding Staff and Paid Services

Think about a Virtual Assistant — to help with anything and everything including your dictation transcription (yes, dictations can be efficient, especially with a digital approach). The be all, end all is probably LegalTypist, the brainchild of master virtual assistant Andrea Cannavina.

A laundry list of tools for your MDTR arsenal:

FreeConferenceCall.com: Never pay a cent for conference calling.

Internet-based PC Faxing: MaxEmail, MyFax, or RapidFax. You'll need a scanner to make the most of these services. Physical fax machines are so 1990s.

Phones: Skype (free Internet-based phone services). Also OneBox for a "virtual PBX" phone system (large firm phone functionality, small firm budget).

Jott: "Digital sticky notes for your brain."

Google Voice: Keeps you connected no matter where you are.

Google Apps: Gmail offers the best Web mail on the planet with the most storage and Google searchability.

MDTR: Daily Dosage of Legal Tech Smarts

Being a legal technopeasant in 2009 just doesn't cut it any longer — clients won't tolerate it or subsidize tech ignorance or lack of general sophistication.

In addition to continuing to read SmallLaw (thank you) and TechnoLawyer's other newsletters, check out the following resources as well:

• Get a free subscription to Law Technology News and scan it carefully each month.

• If you're an ABA member, join the GP|Solo Division and the Law Practice Management Section if for no other reason than to read their terrific magazines and ezines monthly.

• Also, look to the tremendous selection of practice management and technology books offered by the ABA Law Practice Management Section and the ABA GP|Solo Division.

• Subscribe to The Firm — otherwise known as the ABA's Solosez listserver for lively daily discussion of tech, practice management, and all aspects of small firm life with 4000+ fellow SSF lawyers and staffers. You don't have to be an ABA member to join.

MDTR: Putting It All Together

Find a capable, competent, legal-focused and legal-experienced consultant to manage a proper implementation. Don't attempt a DIY (do it yourself) approach. Do the economic math. Even in tight times, you can't afford it.

Practice smart, make more money, exceed client expectations with better work product quality and faster turnaround times at a reasonable price and above all, have more fun in practice. The MDTR will help get you there — cost-effectively — just the digital prescription for these tough and trying times.

Written by Ross Kodner of MicroLaw.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Coming today to BlawgWorld: Our editorial team has selected and linked to 42 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Dennis Kennedy Reflects on His Tenth TechShow

Sex With Clients Not Unethical — Just Don't Bill for It

Rainmaking Not Possible When You Go it Alone

This issue also contains links to every article in the April 2009 issue of Law Practice Today. Don't miss this issue or future issues.

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