TechnoLawyer: SmallLaw

Originally published on April 19, 2010 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

When two or more individual lawyers, or two small law firms, join forces, the combination typically is driven by a desire to expand, better serve existing clients, and attract new clients. Joining forces should enhance economies of scale and collaboration for greater service quality, which in turn should mean more revenue.

This outcome can only occur if a cultural fit exists among the lawyers — common values and goals that facilitate the exchange of ideas, the education of one lawyer by another, positive social interaction, and a feeling of bonding with others in the firm. Ideally, the lawyers or law firms should have complementary practice areas that enable cross-selling thanks to the expansion of legal services the new firm can offer.

The lawyers in the combined firms typically concentrate on the "tinsel and glitter" of integration — deciding the new firm name, the location and configuration of office space, management responsibilities, and staff allocation. But too often an important element for economies of scale and service collaboration is neglected or even forgotten — technology.

The Key Technologies to Discuss During Due Diligence

Assessing the current state of technology used by the lawyers or firms, including the age of the hardware and software and their replacement cycle, should be — but rarely is — central to the merger due diligence.

For example, a law firm with up-to-date document processing and practice management software tools and a database of 4,000 contacts suggests that it has made an adequate investment in technology. Similarly, if a practice's technology has not been kept up to speed, the likelihood of realizing more value from the merger diminishes.

If the technology of the merger partners is up to date, it will make their combined practices more efficient. The time savings, efficiency, and commoditization of routine tasks and services afforded by electronic technology mean that legal services can be provided at a lower price with higher volume, which tends to produce higher revenues and profits.

But such benefits cannot be realized without adequate planning to integrate these technology aspects. Before you sign the dotted line, discuss the technologies below during due diligence.

1. Client Relationship Management Software (CRM)

For CRM to be effective, the merged practices must give up the "my client" mentality in favor of an "our client" approach — a task easier stated than accomplished. And even if lawyers are willing to share information, plenty of other issues remain regarding what data is entered, who enters it, and who verifies accuracy. The lawyers must create a standard classification system for each item in client or prospect records. Otherwise, CRM becomes a wasted investment with little useful return.

2. Knowledge Management Systems (KM)

The KM challenge mirrors the CRM challenge — creating a standard classification system for each lawyer's work product. If the document management systems of the merged practices are not integrated completely from the start, the result will be haphazard, after-the-fact efforts that doom KM efforts to failure. Not investing the time needed to update the knowledge management database weakens it — and holdouts diminish the value for colleagues and clients alike. A good KM system cannot ensure success, but it certainly tips the balance and makes it much more likely.

3. Finance and Accounting Software

Most law firms use some form of accounting technology (the days of the green eyeshade and paper ledgers are long gone). Some systems can produce extremely detailed assessments of performance to benchmarks, with far more data than the typical attorney can assimilate intelligently. A growing number of systems take an integrated time, billing, and accounting approach, while others are little more than electronic worksheets.

Whatever technology you use, unless the members of the new firm agree which financial benchmarks are most important and how to track and reward financial performance, the software system will never be an adequate management tool, no matter how sophisticated.

4. Communication Tools

The issues here are as varied as the tools themselves. For example, many firms and individual lawyers avidly pursue blogs as a business development activity. However, effective blogging requires dozens or even hundreds of billable hours per year. If all lawyers don't agree on the need for this expense, it can detract from other marketing activities or even from the practice itself.

Another example is email policy. If one lawyer or firm has been scrupulous about entering as billable all time used to send email to clients, while their counterparts have been lax about it, the new firm could lose much billable revenue. As in a marriage, small points of contention like this can drive newly merged lawyers or firms apart.

It's Common Sense, Not Rocket Science

Taking the time to assess and integrate technology concerns like those discussed above is essential to a healthy and growing law firm. A step-by-step process is the only way to ensure that technology will increase efficiency and quality of work in the life of the new firm. There is no one right way to combine technology systems and approaches, but there are clearly wrong ways. Paying due attention to the integration process will clear a path for harmony and profitability.

Written by law firm coach Edward Poll of LawBiz.

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.

Originally published on April 12, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

TechnoScore: 4.0
1 = Lowest Possible Score; 5 = Highest Possible Score

ExhibitView Solutions' ExhibitView 4.0 is a trial presentation program for the rest of us. It's effective for displaying and annotating exhibits at trial, and can be mastered in well under an hour. In this respect, ExhibitView is far more user-friendly than programs such as Sanction and TrialDirector, which while excellent, and with more bells and whistles, require far more intensive (and expensive) training, and are less useable when you're conducting a trial alone without assistance. For this issue of SmallLaw, I put ExhibitView on trial at a trial.

PowerPoint and Projects

ExhibitView is well integrated with (shudder) PowerPoint, so that all of you PowerPoint addicts should now be pleased as punch, while non PowerPoint addicts can simply ignore this aspect of ExhibitView's capabilities. Thus, ExhibitView has much to recommend it — especially in the context of trials with relatively few exhibits. As a bonus, ExhibitView Solutions provides outstanding support, is extremely responsive to user needs and comments, and seems driven by a genuine desire to produce the best possible product.

Some shortcomings and glitches exist in the version of the program I used, but the company responds quickly to feedback.

My first small complaint concerns opening Projects. If you do not select as an option "Show Project Wizard at Startup," ExhibitView automatically starts up by loading the "Sample Project" that comes with the software (something you probably want to keep for future reference, but do not want to greet you every time you use the software).

If, on the other hand, you select the option to "Show Project Wizard at Startup," be prepared for a small disappointment. You will be shown a splash screen with a list of recently worked on Projects (and the Sample Project). If you (intuitively) highlight the Project you want, and then click on "Open Project," the highlighted Project will not open. Instead you will be presented with Windows Explorer in which you must navigate your way to the directory location of the desired Project.

The only way to open the Project you want is to double-click on the desired Project in the Project list. Obviously, the program should automatically open (or should at least give you a "Preference" option to open) the most recently used Project.

ExhibitView Solutions has since addressed this issue.

Displaying Your Exhibits

In principal operation, the software presents two screens — one for you and one for your audience. Your screen contains not only a large "Display" area, but also various working elements invisible to your audience. The audience sees only items in the "Display" area, and then only when you have decided to project them.

To the left of your Display area you will find on your screen a sidebar with thumbnails of all Exhibits you imported into the Project, grouped into Slides, Documents (most ordinary Exhibits), Images, Audio/Visual and Web Pages. Above your Display you'll find icons for indicating how you wish to use the Display area (e.g., full screen, divided screen for displaying two documents side-by-side, etc.). You can dynamically change the layout on the fly.

Also above your Display area are straightforward markup tools with which you can annotate, highlight, and zoom in on all or portions of an exhibit in the Display area. You can use these tools in advance of the live presentation, and then capture the result as an image for later use.

Finally, above the Display area is a "Projector" switch that controls when to send items in your "Display" area to the projector, and hence to the audience. From a reliability and ease of use standpoint, this control is the best I have seen in any presentation program — a point of considerable importance since when the Judge says "kill the image," you had better do so pronto.

Below the Exhibit sidebar is a "Find" box with which you can search for the particular exhibit you want to display — assuming you have a naming convention that permits you to rapidly recall at least the first several characters of the file or alias name (probably the exhibit number). Under the "Find" box are two buttons — one to "Display" the "found" exhibit, and one to "Preview" that exhibit.

In theory at least, you can display exhibits in one of two ways: (1) physically drag and drop the thumbnail of the exhibit from the sidebar onto the Display area, or (2) use the "Find" box to locate the exhibit you seek, and then click on the "Display" button located just under the "Find" box. The "drag and drop" method is tried, true, and always works. Navigating to the correct exhibit using the sidebar, however, becomes cumbersome and impractical when working with a large number of Exhibits. In such circumstances, the utility and usability of the "Find" box is of considerably greater importance.

A War Story From My Use of ExhibitView in Trial

I ran into a problem with ExhibitView's search box at trial. It worked fine for the first exhibit search, but thereafter the search box held onto the original search name so that the only way to search for a second or subsequent exhibit was to physically select and clear the text previously entered into the search box so that the next exhibit's identifier could be entered. Obviously this workaround is not conducive to the rapid access to exhibits required at trial.

Amazingly, when I contacted ExhibitView Solutions mid-trial on a Friday to complain about this problem, it immediately got to work and managed to provide me with a new installation file containing the proposed "fix" just after 4 am on the next court day (Monday). The responsiveness of the company, and its genuine eagerness to improve its product is pretty much unparalleled in my experience.

Unfortunately, however, this emergency "fix" was not a complete fix. Although ExhibitView solved the problem of more quickly clearing the "Find" box after an initial search, the entry of a new and different exhibit number into the now-empty "Find" box did not move the focus to the sidebar thumbnail of the "new" exhibit so as to permit you to easily locate and drag that exhibit to the display area. Furthermore, even though the identifier of the "new" exhibit is now in the "Find" box, clicking the "Display" button will not display the newly designated exhibit to your audience.

You can, however, bring the "new" exhibit up as a "Preview" by clicking on the "Preview" button, but this does little more than highlight a still further problem with the software, which is that once an exhibit is in "Preview," there is no obvious way effectively to change its status from "Preview" to "Display." In fact, I will go out on a limb here and say that in this build of the software after the first "Find" there was no way — other than physical drag and drop — to "Display" any exhibit located through a second or subsequent "Find" operation. And even the "drag and drop" option was made difficult by the fact that second and subsequent "Find" operations do not shift the focus to highlight the thumbnail for the second or subsequently found exhibit.

ExhibitView Solutions has continued to work on its "Find" technology, which now works better than it did during my trial.

An Effective Trial Presentation Tool That Will Improve

Don't make too much of ExhibitView's shortcomings. In cases with fewer than 100 exhibits, its problems are not deal-breakers. Also, thanks to your intrepid SmallLaw columnist, ExhibitView Solutions has already made many of the issues in this review non-issues. You can try ExhibitView for free and take advantage of free weekly training on the Web. The software currently retails for $749.

Written by Yvonne M. Renfrew of Renfrew Law.

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.

Originally published on April 5, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 2.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Attorney Steven Jesser starts by referring to himself in the third person. He then proceeds to list every type of legal issue his law firm handles. The list is endless. Not only that, but he's personally licensed in 10 different states. He's also available for consultation every day and on weekends.

Here's a partial list of the types of clients he helps and practice areas he handles: physicians, dentists, nurses, clinics, small to large business, health law and insurance litigation problems, health care contracting, business contracting, litigation, civil and criminal appellate practice, governmental and prosecution practice, major law firm practice, corporate practice, etc. He's also a court certified mediator in four state and federal courts. I couldn't type fast enough to list every single practice area he handles.

Production-wise, the video is not in focus. It is uploaded in the lowest possible setting (240p), which means the quality of the video itself is not ideal, especially when the standard today is high definition video (720p). The lighting is poor and the background is dark.

On the positive side, Jesser smiles and appears friendly. He dresses well and he certainly can tick off all the legal practice areas he handles.

In my opinion, the video tries to accomplish too many things. It tries to appeal to people who might fit into one of many and varied categories his law firm handles. I can't see a person in need of legal services sitting through a lengthy litany of practice areas hoping that the lawyer will mention their particular problem area.

It's almost like being stuck in voice jail where you have to listen to the automated robotron tell you about your 10 choices before you're allowed to press "0" for the operator.

In the description box, he lists six different phone numbers along with his other contact information. He also loads up on keywords (over 30).

Tip #1: Narrow Your Focus

Someone searching for a lawyer who handles a specific problem will not find you if you use a scattershot approach and claim to handle everything under the sun. If you identify one or two areas in which you practice, you stand a much better chance of someone finding you.

As internet marketing guru Frank Kern says, "Nichefy" to stand out.

Tip #2: Use a High-Definition Video Camera

Virtually all video cameras nowadays use hi-definition video. That means you get a 16x9 rectangular aspect ratio and you can shoot in 720p or 1080p. These settings are remarkably superior to anything you'd get shooting with standard definition video at 240p or 480p.

Even the Flip camera, Kodak Zi8, and iPhone 4 shoot in hi-def.

Tip #3: Educate the Consumer

Before ever shooting video, ask yourself why you're creating the video? Is it a sales pitch? Are you going to push your credentials? Are you going to give your online viewer information they need to know? If you cannot answer this question immediately, you have a problem and need to figure out why before ever pressing "Record."

A video that talks about your law firm does nothing to educate their potential clients. You lose the opportunity to educate. Other than telling people what areas of law you practice in, how has Attorney Jesser's video helped a potential client who has a legal problem and is now in search and compare mode?

Consumers and potential clients go online because they need a lawyer and don't know any. They are searching and comparing Web sites and videos to see which law firm is right for them. The lawyers who educate will rule the day. Why? Simple. Online shoppers are sophisticated. They want information. Give them what they want. Just make sure you don't give them legal advice.

How can this Jesser improve his video? Simple. Create several videos and focus on one practice area per video. "Nichefy" to get noticed.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This video needs a lot of help. It is filmed in a minimalist manner — white wall, second-hand microphone. There is absolutely nothing that stands out about Mr. Jesser or his firm. There is no information on the video — so clients cannot reach out to him if they find him on YouTube. Here are the absolute three rules of a good video: (1) Captivate, (2) Inform, and (3) Close the Deal. Number 3 is very hard to do in video setting. Mr. Jesser flunks all three."

TechnoLawyer publisher and online video producer Neil Squillante says: "Steven Jesser lists about a zillion or so different legal issues that his law firm can handle — so many that I can't recall any of them by the end of the video. Steven, buddy, you need to focus — and don't refer to yourself in the third person."

Written by Gerry Oginski of The Lawyers' Video Studio.

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.

Originally published on March 29, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

In November 2009 I hung my shingle, and by some miracle I'm still in practice! The folks who publish SmallLaw asked for my opinion as to the most important lessons I've gleaned from my "minute" of practice. After wracking my brain for a week trying to answer this question, I have narrowed it down to three lessons any new solo should heed should they want to make a go of their own law practice.

1. Get a Mentor

A professor once told me that you'll never know more law than when you walk out of the bar exam, and you'll forget it all! That couldn't be truer. I am humbled every day by the vast amount of law that I don't know.

One of my favorite sayings is access is better than ownership. Since I don't own the knowledge yet I love to access it from my mentors. I'm truly blessed to come from a family of judges and lawyers. I call them at least once a day. I can't imagine how difficult it would be if I had to approach every legal problem from scratch. I couldn't do it. I don't know how solos without such mentors avoid malpractice. In fact, this connection with other lawyers explains why many lawyers practice together in law firms rather than alone.

If you don't have a personal relationship with your colleagues then pick one by reputation whom you admire and forge a connection. Get out your phone book and call them up. I would advise those in the hunt to not focus as much on the expertise of the attorney, but more on their reputation.

You may learn a lot from the local king of torts, but we all know how that book ended! Find someone people in your community praise and look upon favorably — an Atticus Finch. Better yet go talk to the toughest judge in your area and ask them whom they recommend. His Honor is basically the Simon Cowell of our profession. He'll be more than happy to mold you into the type of lawyer with whom he likes to deal by steering you toward an attorney he respects. By following the judge's advice you'll be well on your way to obtaining a quality mentor.

2. Don't Fall Into the Technology Trap

It's just human nature. You hung your shingle, paid the rent, and now you need all that shiny new technology to make your practice hum. It will go out and club potential clients over the head and drag 'em back to your office with checkbooks in hand. "Please, oh wise and technologically gifted one, take my money!" I had this dream once too, and have a veritable bone yard of gadgets and shelfware lying around as evidence. So does fellow SmallLaw columnist Pete Armstrong.

I've got countless programs that didn't do what I needed. I have a premium Evernote account I had forgotten about until it auto-renewed for $40! But perhaps the most shining example is the Livescribe pen I picked up last year for about $200. This little gem uses special paper (read $$) that a camera in the pen picks up and translates my writing into searchable text that is linked to an audio recording of what was said at that particular second. It works great, but it hasn't paid the bills. I thought it would serve me well in court as I took notes because if I missed something I could just tap the note and hear the audio from that second. In reality I don't have time to take notes. I think better on my feet — on the fly. Had I known that I could have saved some coin.

Balance the cost of the technology with the learning curve, and a take hard look at your true use for the tool. A prime example is my Web site. I spent a long time last year creating it from scratch. It looked awful, and my site lay in useless ruin for quite awhile. I had spent 100 bucks on Web hosting and had nothing to show for it. Had I used my balancing test up front I would have gotten with the times and used something like WordPress from the beginning. Now the site is functional and looks professional.

A final note on technology — do your homework. A good place to ask questions is of course Technolawyer's Answers to Questions newsletter as well as Solosez from the ABA — and the past searchable archives of both. They're chock full of answers to everything from accounting systems to smartphones — and in the case of Solosez lots more such as bicycles!

3. Communicate

Communication is the most important lesson to learn. A wise person once told me that procrastination is rooted in fear. I never put this aphorism into perspective until I started my practice.

I would put off phone calls with clients because I knew that they were not going to be happy with what I told them, or I just didn't have any updates. In reality your client doesn't really care if you know anything or not. They just find comfort in the fact that you're thinking about them and their case.

Brand new lawyers will ask about malpractice insurance. The best malpractice insurance is to communicate with your clients! It's a pain in practice, but it's part of the job. My advice is to take a day each week and chalk it up as a loss. Spend that day making phone calls, jail visits, and writing letters.

I have certain clients who aren't happy no matter what miracle I work for them. Others I could slap with horrible news and they would thank me. It's kind of like publicity — even bad communication is good communication. The bottom line is that as long as your clients understand and believe that they can reach you when they need you they will have faith in you and tell their friends.

Conclusion

If you've thought about striking out on your own, now is the time. The economy may still be tanking, but advances in technology for the small firm practitioner have opened the door of what was once boutique law with a sledgehammer. It's a frustrating, fulfilling, and terrifying experience that I highly recommend to all lawyers!

Written by Gadsden, Alabama lawyer Clark Stewart.

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.

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

Operating a law firm from your home is not for everybody. Two basic prerequisites exist for successfully setting up a home office.

First, if you enjoy day-to-day contact with colleagues, you may find yourself going stir crazy. On the other hand, if you just like to hole up and get your work done, it can be an ideal situation.

Second, you need to be reasonably computer literate. When working from home you will not have any onsite support. You can waste a tremendous amount of time trying to find a solution on the Web. After 14 years of working from my home office, I have many tips for lawyers considering this path. Below you'll find the five most important.

1. Use an Actual Room With a Door That Closes

Especially if you have kids, you need actual office space. You need to be able to leave all your papers and go have lunch and not have to clear off the dining room table. You need an "office environment" and avoid giving the impression that since you are "home" you can be interrupted at any time. If you have kids, you may actually want to post "office hours" on the door of your office.

2. Clients and Home Offices Don't Mix

Do you need to meet clients in your office? Obviously, if you plan to meet clients in a home office, you need to set it up much differently. Most people will have neither the space nor the desire to meet clients at home (and your clients probably feel the same way). You're better off renting an executive suite from companies such as Regus or subleasing unused office space in a local law firm. If you don't have many meetings, you can work from home and use an executive suite as a virtual office for its conference rooms and perhaps its call answering service as well.

3. Get a Virtual Assistant (Secretarial and/or Paralegal)

Investigate using online secretarial and paralegal services. They're widely available and frequently locally. Used in combination with Web-based collaboration tools such as Box.net you can easily share, edit, revise, and track documents. You upload documents to a secure shared space for editing. You receive an email message about any changes, etc. This arrangement is much more efficient than sending documents via email.

In a recent issue of BigLaw, Escape From the AmLaw 100, former Latham & Watkins partner Joshua Stein extolled the virtues of his virtual assistant when he set up a solo practice (though he leases office space and does not work from home).

4. Comfort First, Looks Second

Law office furniture is usually designed for show, not for functionality. Buy ergonomic and computer-friendly equipment. The ideal height for a computer keyboard is about 2" lower than the standard desk height. The "under the desk" drawers for keyboards are often flimsy and unproductive. Humanscale makes some of the most highly-rated keyboard systems.

Buy a good computer chair. TechnoLawyer publisher Neil Squillante (who does not work in a home office) uses a Herman Miller Embody chair (pictured above — the chair, not Neil), which he describes as "expensive but worth every Benjamin." He purchased it with a few non-standard options for $957 from WB Wood, a local office furniture dealership. While online stores often offer the best deals, that's not true for Herman Miller chairs according to Neil. He suggests finding a local authorized dealer.

My fellow SmallLaw columnist Yvonne Renfrew used to sit on a Herman Miller chair in her home office, but praises her new Verte Chair in her recent column, Under the Technology: Desk and Chair Recommendations for Small Offices.

Some work is better suited for other chairs so in addition to a computer chair, consider buying a comfortable armchair for reading final drafts, using your iPad, or simply taking a break. Finally, don't miss Marin Feldman's evergreen BigLaw column, Top Five Ergonomic Problems at Large Law Firms, which applies equally to home offices.

5. Reliable, Secure Telephone Service

Consider me old-fashioned, but I still find landlines the way to go. About 75% of the time I can tell if someone is using a cell phone or even VoIP by the quality of the call. A crackly line, dead spots of a second or two, a call that sounds under water, etc. makes you seem and literally "sound" unprofessional. So I stick with my cordless Plantronics telephone and headset and nationwide calling plan. That said, many other options cost less.

Vonage is the leading VoIP company. VoIP services have the advantage of call hunting — ringing your smartphone and other phones when you're not in your home office. If you make a lot of international calls, Skype can save you a lot of money. I have used Skype for technical support and demonstrations with people in Egypt, India, and Vietnam. Given that the calls are free, the quality was perfectly acceptable. Lastly Google's Google Voice offers an array of services plus you can now port your Google Voice number to your smartphone. Yvonne covered these and other services in more detail her SmallLaw column, Everything Law Firms Need to Know About Switching to VoIP Telephone Service.

A variety of answering services exist — at a price. Decide what functionality you need before spending money on such services. Your practice may require nothing fancier than voicemail.

A related issue concerns the question of a fax line. With the importance of faxes declining rapidly, you probably will be better off with a scanner and an email/fax solution such as MyFax. I pay $10 a month and have yet to exceed the page limit. That's much less costly than a dedicated fax line.

Conclusion

As for everything else you need, don't skimp. When you hear yourself thinking "I can manage without that," stop. Within a very short period of time you will discover you can't manage. For example, you can't have a law practice today without a Web site. For email on the go, a smartphone is essential. Buy a dedicated laser printer and scanner rather than a multifunction inkjet printer. You get the idea. Considering what you'll save on rent, go for the best when it comes to the rest of what you need.

Written by John Heckman of Heckman Consulting.

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.

Originally published on March 15, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

I may never download a software program again — with one exception. You see, I've got browsers on the brain. I'm teaching a session on browsers next month at ABA TECHSHOW in Chicago so I've been researching browser technologies for the session. Along the way, I have noticed how incredibly browser-centric my computing life has become. I'm all about the browser, baby.

It started a few years ago when I downloaded Mozilla Firefox, and then amped up a little when I downloaded Google Chrome. However, my Web browser obsession didn't really kick into high gear until late last year when Google opened the Chrome Web Store — a one stop shop for all things customizable for Google Chrome (which had already replaced Firefox as my browser of choice).

These days, more and more I find myself trawling the Chrome Web Store looking for new apps and extensions to wring more productivity and functionality out of my browser. It's so quick, cheap and easy that, as I intimated above, I may never download a software program again other than these Chrome apps and extensions.

So without further ado, below you'll find my 14 current favorite finds in the Chrome Web Store. Of the bazillions I have downloaded and played with, these 14 I use and rely on day in day out.

1. Clip to Evernote

I live my life in Evernote. I use it to store everything, including Web clips. Clip to Evernote makes it easy to choose exactly which part of a web page you want to add to Evernote. Honorable mention goes to the SpringPad Extension.

2. Awesome Screenshot

The Awesome Screenshot extension makes it quick and painless to take a full or partial screenshot of whatever is on your browser. Slicker and easier than the screenshot tool built in to Windows 7.

3. Facebook Photo Zoom

No more having to double click on all the photos that show up in your Facebook stream. Facebook Photo Zoom enables you to simply hover over a photo and have it zoom in to larger size. A "must have" for all you Facebook stalkers out there poring over photos of your high school girlfriend.

4. Google Mail Checker

Google Mail Checker sits quietly in Chrome and performs two little tricks (very well). First, it shows an unread message icon for your Gmail inbox so you know when you have new mail in Gmail. Second, it acts as one click link right to your inbox. A real time saver for Gmail addicts.

5. RSS Subscription Extension

I obtain a lot of my news from RSS feeds. My RSS feed reader of choice is Google Reader. Created by Google, the RSS Subscription Extension shows up in the omnibar in Chrome whenever you are on a site with an available RSS feed. With one click it automatically adds the new site to your Google Reader account.

6. Mailto:Gmail

In keeping with the other cool stuff from Google, Mailto:Gmail solves a problem a lot of Gmail users have — when you click on an email link in your browser, your computer launches Outlook or Mail or whatever the default mail program is on your machine. This extension changes the default mail program so when you click these links it launches Gmail.

7. Adblock Plus

I don't see pop up ads anymore when I browse. Period. Install Adblock Plus and neither will you.

8. LastPass

I reviewed this slick password manager and form filler in my last SmallLaw column. LastPass is a must-have — probably my most-used extension of all.

9. Shareaholic

Shareaholic provides one click sharing to anywhere you want, from email to Twitter to Facebook to LinkedIn to Instapaper to … you get the idea. If LastPass is my most-used extension, Shareaholic is probably number two.

10. Ge.tt

Simple, one click file sharing. Get Ge.tt.

11. Write Space

Unfortunately, I have the attention span of a three month old puppy. When I need to buckle down and write something like this SmallLaw column or a CLE manuscript, Write Space provides a distraction-free writing environment.

12. TweetDeck

TweetDeck is my favorite application for managing Twitter. Now I use it right in my browser. Honorable mention goes to HootSuite.

13. Podcast Player

I listen to a lot of podcasts but despite being an inveterate Mac geek, I don't always want to deal with transferring them from iTunes to my iPad or iPhone. Podcast Player makes your favorite podcasts instantly accessible from Chrome.

14. New York Times

I'm a Times junkie. The New York Times Chrome app is my absolute favorite way to read it, bar none.

What, No Fifteenth Pick?

That's my list. Yes, just 14. Go check out the Chrome Web Store and start compiling your own list — and post reviews of your favorites, one of which might become my 15th favorite.

Written by Erik Mazzone of Law Practice Matters.

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

Originally published on March 8, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

The notion of lawyers departing from the billable hour is the talk of the profession. You can't swing a timesheet without hitting another article on this topic. Even the world's largest and most profitable firms are seriously evaluating "alternative fee arrangements" or AFAs as some call them. For all the words being spoken and written, few have discussed the core proposition behind alternative fee arrangements — value to clients. Small firms in particular must understand this key concept before they can make the transition.

A Brief History of (Hourly) Time: Are You a Contractor or a Lawyer?

When a lawyer bills by the hour, or every six minutes to be more precise, the sole determinant is lawyer time expended to perform the task. How much time did you spend on the client's matter? Notwithstanding write-downs, hourly billing mostly ignores your productivity and whether you achieved the client's desired result. Many lawyers have hanging in their office the image of President Lincoln accompanying the quote that "A lawyer's time and advice are his stock in trade."

Some law firms use the phrase "non-rate realization." They judge lawyers on whether they realized their hourly rate. In the annual lawyer review, law firms do not consider whether lawyers created value for their clients. However, the reality is sinking in at many law firms that while lawyers do not often discuss value creation, clients are asking: "What have you done for me lately?"

Hourly billing is akin to cost plus construction, which has the effect of eliminating all risk on the contractor and shifting all risk to the property owner. If the contractor is inefficient, the property owner pays. If the contractor departs from the plans, the property owner pays. So it is with hourly billing — the lawyer's major risk is non-payment of the bill.

The client's world focuses on whether its customers receive value. Yet, when clients look at the business model of their lawyers, they see the cost plus construction model. Few businesses operate on a cost plus model — at least for long.

Four Hurdles on the Road to Alternative Fee Arrangements

A lawyer's value to a client encompasses a wide variety of factors, including the following:

1. What Was the Outcome?

Among the most important of value determinants is the outcome you achieve. The client will ask whether you obtained the result the client wanted. When the client is writing the check to pay the legal bill, the client is thinking about the outcome. In the client's world, results matter.

2. What Will It Cost?

When you charge by the hour, the client does not know how much the legal services will cost. In the client's world, businesses operate on the basis of knowing what something costs before making the decision to purchase the item or service. Yet, in the legal world, cost is an open ended matter.

Lawyers respond, of course, that no one knows how long a matter will take and, therefore, it is perfectly reasonable for the legal bill to remain uncertain. Yet, in the business world, the cost of just about everything can be measured with sufficient effort. Even lawyers can look to prior cases of a similar nature and project costs. Software can capture information to assist with this statistical analysis. If lawyers can find a way to predict in advance the cost of the legal service, lawyers can give value to the client.

3. Was It Finished on Time?

In the client's world, deadlines matter. Customers want and demand a service or a widget on time. Businesses that deliver on time succeed in the marketplace. In the legal world, the duration of a matter is often not a major consideration.

To be sure, some external deadlines exist such as docket control by judges, or closing a deal by year end for tax purposes. But for the vast majority of legal work, whether it be wills, contracts, etc., there is no specific deadline. Yet, clients judge you by whether you performed the legal service on time even in the absence of a specific deadline.

This issue concerns efficiency. If lawyers are efficient and get the legal work finished and to the client quickly, then the client judges the lawyer favorably. The perception exists, rightly or wrongly, that lawyers want to take longer to finish something because they charge by the hour.

4. How Well Do You Know Your Clients?

To state the obvious, your value is directly proportional to what you know. This knowledge is not simply about the law, but includes your knowledge about your clients. Lawyers who know their clients well are valued.

Knowledge about clients is a moving target though. Clients change. New business ideas are hatched, key employees depart, customers of clients come and go, business fortunes decline or improve, cash flow becomes constrained, etc. Lawyers who keep up with the activities of their clients become highly valued.

In-house lawyers often describe a critical source of information — the water cooler conversation. The idea is that in-house lawyers gain valuable information at the so-called water cooler. For outside counsel, the hourly billing model stands in the way of water cooler information.

When a client thinks about picking up the phone to have a conversation with the lawyer, the client thinks about the cost of the call. Often, the concern of a legal bill prevents the client from making the call. Lawyers should wonder about how many client contacts they miss on account of hourly billing.

An alternative billing arrangement removes this barrier. How much additional legal work could you obtain as a result?

I'm Out of Time but the Conversation Must Continue

Many other factors exist regarding value apart from those discussed above. Instead of thinking about how you spent your last six minutes, alternative billing focuses your mind on how you can become not just valuable but invaluable to your clients. As far as aspirations go, I can't think of a better one for small firms.

Written by William D. Elliott.

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.

Originally published on March 1, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Biloxi attorney Jay Foster creates a video that highlights why he's different from all other attorneys in (and not in) Mississippi. His intentions are good. The manner in which he carries out his message is not. Watching this video you will learn three important take-home messages:

1. Attorney Foster uses his three adorable kids as a prop in the video. Although they are beautiful and cute, they take away from the message he's trying to get across.

2. Foster uses a Webcam to create an educational message. You'll notice immediately that his three kids are illuminated by the glow from the computer monitor and give off a ghastly white or greenish glow that you would not see if using a high-definition video camera.

3. Foster compares himself to another law firm by name. He also challenges the viewer to call that lawyer to ask a specific question and offers $1,000 to anyone if they can meet his challenge.

The essence of his message is that he was born and raised in Mississippi and is fully licensed to practice law in Mississippi. This is an excellent way to distinguish yourself from those lawyers who are not born and bred or licensed in the state in which you practice.

The biggest mistake occurs when he singles out a law firm that advertises extensively in Mississippi. He distinguishes himself by explaining that he is fully licensed to practice law in Mississippi while this law firm that competes with his firm and advertises heavily is not. He then challenges viewers to call that lawyer's office to ask if he's licensed in Mississippi.

I have written about this issue before in my YouLaw reviews in SmallLaw. See e.g., My Law Firm Is Better Than Your Law Firm. One of my cardinal rules for lawyers is to never disparage anyone on video. Doing so can generate a grievance complaint in addition to a claim for libel or slander. You also dilute your educational message by throwing down the gauntlet. It's like politicians who focus on negative campaigning rather than offering a positive message.

A better method to distinguish yourself is to allude to the other lawyers in your state that might not be licensed. For example:

"Unlike some law firms in the state, I grew up here, I was raised here, I went to school here, and I am fully licensed to practice law here. Let me tell you why that is so important if you have a potential case in Mississippi."

Now you have given your viewers a detailed explanation why it's important to be licensed to practice law in the state without ever personally naming a lawyer that advertises but may not be licensed in your state.

Even if the claim that the attorney is not licensed is true, so what? By calling attention to that lawyer and law firm you have again diluted your educational message, and your prospects may not appreciate that you are calling out an attorney by name.

Toward the end of the video Foster engages in some light banter with his children who clearly support his claim that he's a no-nonsense guy who he tells it like it is.

Tip #1: Skip the Props, Especially Kids

As cute lovable as your kids are, in my opinion they dilute the educational message here and don't help focus your viewer on your information.

Tip #2: Ditch the Webcam

Even hi-def 720p Webcams cannot compete with a moderately priced hi-def video camera. Focus on quality, not convenience.

Tip #3: Never, Ever Disparage Anyone on Video. Ever.

Never, ever badmouth or call out another lawyer or law firm by name. Doing so will come back to bite you and may sour your prospects when creating an entirely educational message.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This video is best for sending to family during the holidays — NOT for lawyer marketing. The ONLY tidbit of information I derived from Jay's video is that he was born and raised in Mississippi, is licensed, and apparently, there are a lot of lawyers who pratice law there without a license. His kids are super-cute, and the video is entertaining, but it begs the question: What type of lawyer are you? Why should we hire you? Next."

TechnoLawyer publisher and online video producer Neil Squillante says: "I don't like Jay Foster's use of his cute kids or his name drop of a competing law firm — plus the video is cheesy to the extreme. Nonetheless, I like Jay and his "I'm a true Mississippi lawyer" pitch. Jay, tighten your script and reshoot the video without your children and the name drop, but with the same energy and enthusiasm."

Written by Gerry Oginski of The Lawyers' Video Studio.

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.

Originally published on February 22, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

I am on a mission. I just passed my fifteenth anniversary of being sworn in as an attorney in New Jersey. "The Law" was not my first career (I was that one guy in your law school class in his mid-thirties). Nevertheless, after fifteen years my legal career has lasted longer than anything else. Most days, I look forward to going to work. I know, however, that I could be more satisfied with my work, more productive, a better attorney — and happier. So my mission is to rediscover the contentment and excitement of my early years of law practice through new techniques and technologies. And I'm going to take you along for the ride.

Keep It Simple Stupid Is Not Just Trite, It's Right

To practice law right, you have to keep it simple — really simple. I know, the KISS acronym is trite and overused. It is not, however, wrong.

I have never worked as a "biglaw" attorney. In the 14 years since my judicial clerkship concluded, I have been self-employed, either as a solo or in a two-person partnership. It's not always easy — like the famous desk ornament on President Truman's desk, the buck really does stop here. It can also be intensely rewarding. I have found that the more I successfully free my mind to concentrate on the substantive work of being a lawyer, the better lawyer I become.

Many of my past TechnoLawyer contributions have circled around two themes: do it yourself, and keep it simple. I have ranted about too much technology, discussed roll-your-own practice management, and taught the basics of self-built computers. I have discussed right here in SmallLaw why I gave up a smartphone.

I have carefully read books and blogs on these subjects, and have tried to implement the substance of these readings and simplify my work and home life.

Zen and the Art of Small Law Firm Practice

I am certainly not the first person to think of "simplification." Self-help books and blogs about this topic are ubiquitous. The term "Zen" has become an adjective to many nouns. I believe, however, that too many attorneys — myself included — have accepted chaos and stress as a way of life for far too long.

But where to start? Should you seek first to reduce your clutter (email, computer desktop, physical desktop), simplify your practice management tasks, simplify your billing, simplify your network management tasks, purchase hardware that under-complicates rather than over-complicates your life, or purchase simple, effective, and easy to learn software?

Initially, none of the above.

I suggest that you first step back, take a few minutes off, close your door, turn off your computer screen, shut out the noise, stop the phone calls, and ask:

Is your current workflow working?

Be objective. Are you pleased with your work? Are your clients, employees, supervisors, etc. pleased with your work? Do you take too much of your stress home? Do you over-consume anything, including alcohol, caffeine, and food? Do you ingest other chemicals, legal or illegal? Do you earn enough money? Do you have financial problems?

If you can answer the preceding questions in the "correct" manner, then skip the rest of this column, call me immediately, and tell me your secret. Seriously, I doubt anyone has all the correct answers to these questions. I certainly do not.

In the relatively brief time I have paid attention to these subjects, however, I have come to understand one inescapable truth, which is that the next client, the next case, the next software or hardware product, the next boss or employee, etc. will not fix these problems for you. Most small law firms use techniques that resemble antihistamines — they only ameliorate the symptoms, but don't cure the problem.

So I suggest you start by reading some information that has nothing to do with the law. The beginning of my journey to simplify my life began with reading some books written by the Vietnamese Buddhist monk Thich Nhat Hanh. I suggest starting with the following titles:

Peace Is Every Step

The Miracle of Mindfulness

His books are accessible and enjoyable, even for folks who observe different religions or no religion at all. Read the books slowly, a few pages at at time. You can also read Leo Babauta's popular blog, zenhabits.

For a more "practical" approach, check out Nozbe's Productive Magazine. Nozbe is not just a publisher, but the creator of a task manager that TechnoLawyer covered in 2007.

A Simple First Step to Getting Things Done

There is a family joke about me, which began with my wife's keen understanding of my moods. Whenever I have been too stressed for long periods, days or weeks, or whenever I try to make big changes, I always begin by selling a bunch of my possessions in eBay. It rids my mind and consciousness of things that I neither need nor want. Only then can I move forward.

If you want to start now with a concrete activity, take this simple five-minute step. Remove everything off your desk and other work surfaces except for the few electrical items (lamps, keyboard/monitor/mouse, and phone). After wiping the dust and dirt away, restore only what you need to complete the next item on your task list. Replace nothing else. If you are left with files or other work-in-process, place it in a drawer or on a shelf. Doesn't your next task look a little more manageable when everything you need to do isn't staring you in the face?

Written by Edward Zohn of Zohn & Zohn LLP.

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.

Originally published on February 14, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 4.5
1 = Lowest Possible Score; 5 = Highest Possible Score

California attorney David Allen seeks to educate consumers about different types of law throughout the country. He does an excellent job of explaining and educating. He's clearly well-prepared when talking about each case he discusses on his videos each week. In today's video clip he discusses a New York case to demonstrate how plaintiffs can make damaging admissions on Facebook, MySpace, and other social networks.

His goal when creating these videos is to educate you about different types of cases throughout the country. He has an excellent delivery. He is smooth, polished, and extremely credible. He knows how to drill down to the heart of the case in very easy-to-understand ordinary language. Toward the end of the video he gives you that nugget of information that the viewer needs to know — "What can you learn from all this?"

Kudos to David Allen for a great job teaching online consumers about the law.

Tip #1: Practice Makes Perfect

You must practice whatever you plan to talk about on video. The best trial lawyers rehearse to make their delivery appear natural and easy. Approach your videos as you would a trial.

Tip #2: Talk About an Interesting Topic on Which You Have or Can Develop Expertise

Here, Allen focuses on a hot topic — social networks. if you choose a topic that people aren't interested in, people simply will not watch your video.

I watched some of this lawyer's other videos and was pleasantly surprised to see how well-versed he is on every topic he discusses. These diverse topics range from worker's compensation to accidents to sexual harassment to same-sex divorces.

Most lawyers today focus on one particular legal specialty. If you are going to discuss and report cases with which you have no personal experience, then you must become fluent not only with the case you are discussing but also immerse yourself with as much detailed information as you can learn about that particular area of law.

Tip #3: Beware the Green Screen

Allen shoots his videos in front of a green screen. That means that his video editor can place any image he wants behind him. But a poor green screen can turn an excellent video into mediocre video. If you are not proficient with green screens, don't use them. Green screen editing is time-consuming and technically difficult. Not only do you have to make sure the green screen is well lit, but the actual editing task of substituting an image takes lots of practice.

In this video, the green screen effect is not as good as it should be. You notice the edges of Allen's outline tend to blur and fade into the background. If you look closely, the edges of of his head, arms and suit are not as crisp as they should be. Allen also stands in front of a tall podium that is hidden, which explains why it appears as if he is resting his elbows on a platform.

Conclusion

Allen has not search engine optimized this video. He fails to even include his Web site URL address, phone number or contact information. However, he displays a graphic that runs throughout the video with his URL.

In my opinion, this video warrants a TechnoScore of 5.0 for its content, but I deducted half a point for the lack of searchable information in the sidebar and the slightly blurry green screen effect. But overall, it's an excellent video that lawyers should emulate when educating potential clients.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "David Allen is a wonderful story-teller. He captures his audience by telling a very interesting story about Facebook. I actually enjoyed my morning cup of tea watching him. He gets an A+ for presentation skills — which probably means he is also very good in court. However, after watching 3:30 minutes, I am unclear what type of lawyer he is. Tip #1: Distinguish between a purely marketing video, and a video marketing your services. The former is "All That Jazz," but no substance. The latter — what people should strive for — hones in on your legal skills, your practice area, etc. At least he included a Web site throughout the video — should you spend time researching him. Tip #2: Assume your audience is busy and your video is all the time they have."

TechnoLawyer publisher and online video producer Neil Squillante says: "I wish David Allen had taught at my law school. He explains admissions better than most law professors. But he fails to close the deal by discussing his expertise (I presume he's a litigator of some sort). David, you're smart and explain complex topics using plain English, but what kind of cases can you handle? All the same, David is so engaging that I'd visit his Web site to see if he could help me."

Written by Gerry Oginski of The Lawyers' Video Studio.

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.