TopLaw: SmallLaw

SmallLaw: You Can Sharpen a Pencil but It Ain't Gonna Write You a Poem and Other Lessons From My First Year of Practice

By Pete Armstrong | Tuesday, March 8, 2011

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

No doubt about it. The fun part of opening a law practice is buying the technology. Honestly, what provides more of a thrill than walking the electronics store aisles with a clear intent to buy. The latest in laptops and touchscreen tablets. And that new technology smell. You just know that whatever you carry out those doors will enable you to start a successful law firm.

If You Have Technology, You Must Have a Law Firm

So, Day 1 of your new practice, you get back to your just-moved-into office. You've got a desk, a big executive chair, maybe even a conference table. But still, the walls seem a little empty.

You unpack your new computer. You place the multifunction printer/scanner/copier/fax in just the right place, a crisp executive-chair swivel away from your designated but still as yet unused desk work zone. Now your office is beginning to look like a real law office. Clearly, you are a lawyer.

You turn on the computer for the first time, with its lightning-fast response and virginal hard drive. You set up your Internet access, smartphone, wireless network, email client, practice management system (I use Clio), Adobe Acrobat Professional (everyone says you need it), portable hard drive, online backup, eFax, and maybe even a little voice recognition software because you can't afford a legal assistant … yet.

That takes all of Day 1 and Day 2. It's fun. You probably even stay late. The technology is something you can control. It's your system, the foundation of your soon to be overwhelmingly successful practice. And, you tell yourself, these aren't toys. Not like all your other gadgets and gizmos. These are the powerful tools of the trade, not for idle gaming, music, and videos, but for the advancement of noble justice … and, while you're at it, for making gobs of money.

A Reality Check on What Truly Makes a Law Firm a Law Firm

So you come in Day 3. Man, the technology really brings the office together. You sit in your executive chair … and do what?

That's when you feel it in your stomach — the feeling kids have Christmas night, the feeling compulsive shoppers have after they realize their latest expensive purchase didn't change a thing in their miserable lives, the feeling many of us got when our first Palm Pilot turned out not to be the grand life organizer we dreamed about. You know what I'm talking about.

The letdown. That's when you have your first, but trust me, not your last, "What Have I Done?" moment.

I'll tell you what happened. You've been seduced by sweet, beautiful technology.

It turns out computers and iPhones can't bring in clients. Technology can't craft an argument or walk you through the endless and bewildering court procedures. Sure, a computer can read to you. But it can't explain what the words mean. Technology without purpose is just a toy, or worse, a waste of money. And right now money's not something you've got.

Hence, the lessons I learned from my first year of practice.

Lesson One: Technology is the great equalizer for small law firms. Or perhaps it's more apt to say that it keeps us in the game. It reduces start-up costs. Just about anyone with a JD can give it a go. A lawyer can now carry his or her practice in a briefcase. Research, communications, client files. Everything. It's absolutely remarkable. But technology has not changed that age-old requirement in the practice of law — drumming up business.

Lesson Two: It takes Google a while to actually find your new Web site. Get started on that early, create a Google Webmaster account, and submit a sitemap. But understand that even an award-worthy law firm Web site won't have clients beating a path to your door. Instead, you've got to get out there and, well, indulge in some good old-fashioned white collar begging. You've got to secure referrals. You've got to take just about everything. But not everything.

Lesson Three: Don't take everything. There are some clients and cases even a starving lawyer should refuse. Step away from the computer. Latch yourself to an established attorney. Ask questions. If available in your area, volunteer at a legal assistance center (you probably have the time). Join community organizations. Study. Eat a few fees knowing that you'll be paid with experience.

Final Lesson: Establish a retainer policy and get the money up front.

Written by Pete Armstrong, a solo practitioner specializing in family 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.

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Topics: Law Firm Marketing/Publications/Web Sites | Law Office Management | SmallLaw

SmallLaw: Three Time Hacks That Will Add Four Hours to Your Day

By Jennifer Moheyer | Tuesday, March 1, 2011

Originally published on February 1, 2010 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

As a sole practitioner, heavy traveler, and parent, my feet hit the floor at 6 am. I inevitably juggle my toddler, pets, three phones, two faxes, multiple emails, "urgent" client demands, and the numerous household distractions — sorry, "responsibilities" — that come from being a full-time wife and mom. Over the years, as everyone's expectations kept increasing, my time became tapped-out.

Fortunately, amid the daily barrage of "can you/will you/did you," I struck a work-life balance and salvaged about four "extra" hours a day. By leveraging available technology, you too can create a productivity work-around (a.k.a "time hack") and streamline your professional and personal life. Just follow the three steps below.

Time Tracking (Estimated Time Saved: 0.5 Hrs Per Day)

First, to recapture time you have to know where you spend it. Try tracking your activity with Chrometa, a downloadable program that produces a graph summarizing your entire day. Chrometa saves you the hassle of having to take notes, and offers the added bonus of assigning your activities to individual clients for billing purposes.

According to Chrometa, my average work day used to be 12 hours long — 50% spent on the computer (i.e. building and marketing my three businesses, legal researching, drafting, blogging, emailing, surfing, etc.), 25% on the phone (i.e. answering calls, client reminders, teleconferences, etc.), and 25% on miscellaneous activities. At the end of the day, that realistically left only three non-work hours to divide between my family and myself — unacceptable!

Time Blocking (Estimated Time Saved: 2.0 Hrs Per Day)

Start slashing distractions! Recent studies show that it takes 15 minutes to return to "serious mental tasks" after an interruption, so ditch distractions and begin working in uninterrupted "blocks" of time.

• Take your business or other project(s), and set aside specific days to work ON them (managing, developing, growing) and specific days to work IN them (providing services and deliverables). If you're a sole practitioner or small firm partner, you know the value of this distinction so don't fail to apply it.

• Commit to check your email only at set times. I check mine briefly at 8:30 am to scan for changes/cancellations, at length around lunch (11:30 am), and once again before close of business (4:30 pm). The key is deactivating the #1 distraction — the New Mail pop-up window — and instead activating the auto-responder. Mine says: "Thank you. I received your email, and will reply before day end. I appreciate your patience while I devote my attention to one client at a time."

• Organize your email program with folders. Create one for each project or client, so that your inbox grows emptier as you answer email messages and file them. I also suggest folders for "Short-Term" (within 1-14 days) and "Long-Term" (within 15-30 days) action items. Once categorized, they're out of your inbox and easier to handle. Stop fighting with your email, and make it work for you!

• Eliminate distractions with email filters. For example, create filters to automatically place email from groups/listservers in their own folder for later reading. Filters clear out the inbox, and help to avoid tempting email distractions until you have time for them.

Delegating (Estimated Time Saved 1.5 Hrs Per Day)

Those of us who travel regularly know the importance of delegating. It used to be a costly concept involving on-site staff and added overhead. But time-hackers today can take advantage of outsourcing, shifting simple yet essential tasks off-site.

• Time-block your phone calls by delegating the answering and routing to a Virtual Receptionist. I currently use My1Voice (about $10 /month), to answer phones with an auto-attendant, and route callers between office extensions or my voicemail (which says "I have received your message, and will return all calls at 3:30 pm"). What is indispensible for me is that My1Voice sends me an instant text message with the transcript of each voicemail so I can screen for emergencies. It's been so indispensible in cutting down unnecessary "chatting" that I've implemented this system for my personal calls too.

• Next, delegate routine administrative tasks to a Virtual Assistant. I outsource my travel and appointment making, faxing/follow-up, and client reminder calls to AskSunday (monthly plans around $14/hour). It is such a relief to know that a competent professional is on the call, and because I'm not on the phone I don't get stuck fielding questions or chatting with clients. It's addicting. I've now delegated preschool planning, playdate scheduling, and online shopping to them too.

Conclusion

Although simple, these three low-cost time hacks have streamlined my life. I've reclaimed my 8-hour work day, (now consisting of 50% computer, 20% phone, and 30% miscellaneous), and best of all have seven non-work hours each day to split between my family and myself. Those four "extra" hours each day equate to 20 "extra" hours per work week, which can really change your work-life balance! What you do with your 20 extra hours is up to you, but now there's no excuse for leaving those Christmas lights up past Valentine's Day.

Written by Jennifer J. Moheyer of Confessions of a MOMtrepreneur.

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Topics: Law Office Management | SmallLaw

SmallLaw: Everything You Need to Know About Online Storage Services

By John Heckman | Thursday, February 24, 2011

Originally published on January 25, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

As more and more functionality moves to cloud-based (SaaS) products, the question of how to deal with your data becomes critical. It's one thing to have your calendar available online, but quite another to move many gigabytes of files. Typically, document storage is one of the weaker elements of SaaS programs such as Clio, Houdini, Rocket Matter, and even AdvologixPM.

So it is important to look more closely at exactly what functionality you want to accomplish. Four different kinds of Web-based storage exist — backups, synchronization, productivity applications (e.g., Google Docs), and document management. Let's explore each of these in the context of small law firms.

Backup Services

A central problem is the simple volume of documents. Even a small firm can have 30 GB of documents, especially if it does a lot of scanning into PDF format. To back this up to the Web or restore it in the event of a crash can easily take several days or even longer.

The best-known backup programs, such as Mozy, Carbonite, or SOS Backup are aimed at home users. If a Web site tells you that a given program lets you store photos and music, it is probably not industrial grade or robust enough for a law firm. In addition, these consumer programs backup data files, not programs. They generally will not backup your settings, programs, or server as such. So in the event of a catastrophic disk failure, you won't lose your files, but you'll have to rebuild the server and install your programs from scratch.

A small law firm should look for the "Pro" version of these programs. Better yet, look at JungleDisk (a front end to Amazon Simple Storage "S3" and Rackspace), Barracuda Backup, or Iron Mountain.

Here are some of the questions that you should ask when evaluating a backup service:

• Will it back up network drives (some home versions do not)?

• How often can you schedule backups (from weekly down to increments of 15 minutes)?

• Will it back up open files? Many lawyers keep Outlook and multiple files open over night. Will these be backed up?

• Will it support both PCs and Macs (if relevant to your firm)?

• What kind of restore does it offer? In particular, will they ship you a DVD or USB key overnight to avoid the problem of taking up to a week to restore a total crash over the Internet?

• What kind of security/encryption does it offer (this hurdle has largely been overcome at this point)?

• Does it offer access from a smartphone (iPhone, Droid, etc.) or an iPad?

Synchronization Services

A second form of online storage is file synchronization. In this scenario, you identify a specific folder (and sub-folders) to be synchronized with a Web location. You drag a file to the specified folder and it is synchronized with the Web and to other computers if you wish (e.g., your home computer). You might call these services "selective backup." In addition to backup options, these programs may let you share files or entire folders with others (think Facebook for documents).

Two of the best-known applications offering this functionality are DropBox and Box.net. One problem area is that in some cases (DropBox), if you share a file/folder with someone, that person can share it with someone else. While the owner of the share can reverse additional shares, basically this means that there is no expectation of confidentiality with shared files (shades of Facebook).

Again a small law firm is likely to want the "Pro" versions of these programs as they offer additional features such as full text search and limited version control (only four versions in the case of Box.net).

One use case for these services is to create an online war room for litigation in which you share documents with various co-counsel.

Productivity Applications

Google Docs is the king of productivity applications online. You edit and store documents using an online word processor, (or spreadsheet or presentation program). Google recently announced a beta version of Google Cloud Connect for Microsoft Office, which will sync a Microsoft Word document with Google Docs, which significantly expands the functionality of Google Docs.

You will be able to edit a document in Word and have it synch with Google Docs. Apparently, the beta is full, but you can sign up to be notified when it is more fully available.

Document Management

Lastly, there are document management programs in the cloud. These services have features most of the backup and synchronization services lack, including search, version control, indexing by client/matter (more efficient than a simple directory tree), and so forth.

There are two types of programs that generally refer to themselves as "document management" programs. What I consider a "true" document management program requires you to save files you are working on to the system in a single step. Other programs "store and forward" — first you save the file and then you choose whether or not to upload it to the document management system.

Industry leader NetDocuments has evolved into a mature program, and can be set up as a true document management program. It also has an option (at additional cost) to "mirror" the documents in the cloud back down to a server at your site. This function is the opposite of the usual backup program that copies files on your server up to the cloud. But it does ensure that you have a backup of your data onsite at all times.

Newer programs include M-files ("Simple and Easy Document Management"), which mirrors Windows Explorer (rather than an indexed search capability). M-files is an example of a "store and forward" application that advertises how easy it is to "Drag and drop documents, email messages, and other files into M-Files."

Conclusion

Given the many options for backup, synchronization, and online storage of your data, it is important to determine exactly what you want to accomplish (and what you can live without) before selecting a specific service.

Written by John Heckman of Heckman Consulting.

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Topics: Backup/Media/Storage | Online/Cloud | SmallLaw

SmallLaw: Review: LastPass Password Manager

By Erik Mazzone | Wednesday, January 26, 2011

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

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

Introduction

Is yours long or short? Do you use it over and over again or just once in a while? Is it named after your pet? I should clarify that I'm referring to your password. Don't give me that "which password?" stuff. You know which password I'm talking about. The password you use over and over again that you know by heart. The one that you use to access everything from Amazon to your checking account. The one that would cause you a heap of trouble if the wrong person got hold of it. Old Faithful.

Lawyers like us who subscribe to SmallLaw know that we should create long, unique passwords with numbers, letters and special characters and then lock them away so deeply in our gray matter we would have to undergo waterboarding to give them up. But given our busy lives in small law firms, it's so much easier just to use Old Faithful. In the battle between safe surfing and convenient login, many of us choose convenience and hope for the best. It doesn't have to be this way, though.

Meet LastPass

LastPass is a password manager that acts as a safe deposit box for all your passwords. It is cross-platform (Mac, Windows, and Linux), cross-browser (Chrome, Firefox, Safari and Explorer) and mobile friendly (iPhone, Android, Blackberry, and Windows Phone). You choose one strong master password to remember and LastPass does the rest. Best of all, LastPass is free.

LastPass does a lot more than just keep your passwords secure and synced across devices, though. Below you'll learn about a few other LastPass features that make your Internet life more convenient and more secure.

1. One Click Login

LastPass resides in your browser's toolbar and enables you to launch and log into secure Web sites with one click. This functionality might not sound like much, but once you start using LastPass to quickly enter Web sites, you will wonder why you ever spent so much time keying in Old Faithful.

2. Secure Notes

LastPass can hold more than just usernames and passwords. It also can store secure, encrypted notes for any other text-based information you choose. Bank account numbers, security alarm codes, etc. — drop them in LastPass and stop worrying.

3. Fill Forms

Say goodbye to filling the same old information into online forms over and over. LastPass will fill these forms for you using multiple identities (work, home, etc.). It is a time saver and accuracy improver.

4. Generate Passwords

Having trouble coming up with yet another long, unique password? LastPass can generate passwords for you according to the specifications (number of characters, types of characters to use, etc.) you set. As long as you remember your master password, you can always retrieve the secure passwords that LastPass randomly generated for you.

5. Share Your Password Without Disclosing It

Need other people to use your passwords but hate feeling vulnerable giving away the keys to the castle? LastPass enables you to share your passwords with other users. They can use your password but never actually see it. You can also revoke the sharing any time you choose.

6. Mobile Costs Money

If you like LastPass you will also want it on your mobile devices, requiring an upgrade to LastPass Premium ($1 per month). The $12 per year is money well spent in my estimation. That said, the mobile version needs a little fine-tuning. It's not as easy to use as it should be. It kind of wants to replace the browser instead of integrating with the browser, which results in a lot of cutting and pasting.

Conclusion

Secure, convenient, and affordable, LastPass is a great addition to your online life. If you make just one change in 2011 to improve your digital security, consider LastPass.

Written by Erik Mazzone of Law Practice Matters.

How to Receive SmallLaw
Small firm, big dreams. Published initially via email newsletter weeks before it appears here, 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.

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Topics: Laptops/Smartphones/Tablets | Online/Cloud | Privacy/Security | SmallLaw

SmallLaw: YouLaw: Is Your Law Firm Video Commercial-Free?

By Gerry Oginski | Thursday, January 20, 2011

Originally published on January 11, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

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

Today's video review addresses a novel issue that I have not seen before in law firm videos. I recently came across Sulimani Law Firm, an intellectual property firm headed by Natalie Sulimani that has a video with a pre-roll ad. What does that mean? You have to watch an advertisement before watching the lawyer's video! The ad changes from day to day — one day it was Best Buy, another day Comedy Central.

Not good. I couldn't exit the video or restart it or fast-forward it. That's also not good. Many people, myself included, do not like watching pre-roll ads, especially when we're about to watch a promotional video about a law firm.

Tip #1: Don't Allow Advertisements in Your Videos

Forcing your prospects to watch an advertisement means you've lost your viewer before they ever see you or hear you, defeating the purpose of creating a video. With an educational video you establish trust, confidence, and personality that allows a viewer to get to know you. Nobody will want to get to know you if you force them to watch an advertisement first.

Only two reasons exist for a pre-roll ad:

1. The lawyer is trying to generate revenue, which is not the case here or usually.

2. The video hosting site is free, and the only way the site makes any money is to allow advertisers to buy pre-roll ads.

This video is hosted by Blip.tv, a free video sharing site.

Best practice tip: Never rely on a video sharing site without reading the terms of service. You may have no control over what they do with your content or what ads appear on your video. If possible, host the videos yourself to guarantee that your video will never contain third-party advertisements.

Tip #2: Include Necessary Disclosures Discretely

Throughout the video, the subtitle "Attorney Advertising" appears through much of the main video. In New York, attorneys must put the words "Attorney Advertising" on their Web site to "protect" consumers.

However, when it appears prominently throughout the video, it's like a trial lawyer telling the jurY during opening argument, "What I'm about to tell you is not evidence. Nothing I say is evidence, and nothing I'm going to tell you matters, since you'll hear testimony and see evidence during the trial." What the trial lawyer has done is tell the jury, "Just disregard everything I say because what I say doesn't matter."

Instead, if you must put that phrase in your video, do it once, and unobtrusively. Don't keep the visual up constantly. It detracts from your message and basically tells a viewer to disregard everything you're saying.

Tip #3: Don't Let Your Video Production Company Promote Itself

When you move your mouse over the video player, a lower-third graphic shows up with the attorney's name. Within that graphic is the video company's name with an active link to their Web site. When you click, it takes you to the video company that created this video. Also, at the end of the main video, the video company displays its name and Web site.

Why is this a problem? I suspect the video company that created this video didn't pay the attorney to market their services. I have repeatedly written in the past that you should never let your video production company advertise themselves on your video, unless they pay you to do so. Why should you give them free advertising when they just charged you to create video to market yourself? More importantly, I wonder whether the lawyer is aware of this promotion and gave it her blessing.

Bottom Line?

You must ask your video production company whether your videos will be privately hosted to prevent unwanted pre-roll ads from showing up in your videos. Also, if your video company wants to market themselves using your video, make sure they have your consent and, if possible, pay you for doing so.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Nice intro music, good speaking style. Sulimani is an IP lawyer, and her video takes us through many scenarios where you would need an IP lawyer. She would be more effective, however, if she would practice what she preached — "brand identity". After viewing the video, I have no idea what her specialty is, or what she can do for my small business. Pass."

TechnoLawyer publisher and online video producer Neil Squillante says: "Natalie Sulimani has a good pitch for small business owners, but delivers it poorly. Her script needs a rewrite to make it shorter and remove some of the awkward phrasing, and, more importantly, she needs to rehearse it a few dozen times before lights, camera, action."

Written by Gerry Oginski of The Lawyers' Video Studio.

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Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw

SmallLaw: Here Is the 2011 Marketing Plan for Your Law Firm You Were Going to Prepare

By Lee Rosen | Thursday, January 6, 2011

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

Do you work in a large law firm? If so, you're reading the wrong version of this column. Read the BigLaw version instead.

This month a variety of "experts" will push your firm to put together a marketing plan for 2011. That's a great idea! Many of us who manage small firms will get to it right after we put the finishing touches on our 2010 marketing plan.

Oh yeah, that's right. We're really not going to write a 2011 marketing plan. We'll be lucky to find the time and energy to get to any marketing in 2011 between the clients, the upset paralegal, the unpaid receivables, the kids calling on the cell phone, and the need to hit the grocery store on the way home. A marketing plan isn't on the agenda no matter how much we know we should plan, budget, and calendar the necessary activities to continue to grow the quantity and quality of our clients. We just don't have the time, the energy, or the inclination.

Well, I have a solution for you so you won't have to feel guilty about skipping out on the planning. I've written your 2011 marketing plan for you. It's not the perfect marketing plan, but I guarantee that if you complete even half the tasks I've planned for you, you're going to see substantial new business flowing through your door. If that doesn't happen, email me a note in December and I'll fully refund what you paid for this SmallLaw newsletter.

You'll have to pick and choose the elements of the plan that work best for your firm. Obviously, you'll have to adapt the plan to your practice whether it's representing businesses or handling criminal cases. Tweak it to make it fit. If your firm has multiple practice areas, focus all of your marketing activities on your most promising (or favorite) practice area.

January
Send a letter to one-tenth of your existing clients. Thank them for allowing you to perform their work and ask whether they'd like to talk to you, at no charge, about any issue. Have them call and schedule a phone conference if they'd like to talk. Also, schedule lunch with two prospective referral sources.

February
Send the same letter to the next tenth of your clients and repeat every month until you finish in October. Also, schedule two more lunches and continue these lunches each month until November.

March
Continue with letters and lunches and write an article for any publication your target clientele likely reads. Limit yourself to 750 words (shorter than this article) and submit it.

April
More letters and lunches. Be sure to buy a reprint of the article from last month and place it on your Web site to note that you've been published. This month, join a club — any club will do. Lots of people like the Rotary. Just join a club. Also, write a quick note to everyone you've had lunch with since January and schedule coffee with them for next month.

May
Letters, lunches, and coffee with everyone you lunched with from January to March. Start asking your happiest clients and former clients to post reviews on your Google Places page (if permitted by your state's rules). Also, rack your brain for a connection to a local media outlet — TV, radio, or newspaper. You've got to know someone who knows someone. Just think it through for now.

June
Letters, lunches, and coffee with everyone from your April and May lunches. Call your media contact and introduce yourself. Sure, it's going to be weird if your connection is tenuous. Just do it — it's in the plan, right? Tell the contact that you're an expert in your area of the law and offer to make yourself available if he or she ever has questions.

July
Letters, lunches, and coffee. Also, write follow-up notes to everyone on your lunch list just to check in. Now you should be in a cycle with the lunch people. Do lunch, have coffee, and send a note every 90 days to everyone on the list. Also, go ahead and write another article for publication. Plus, you're still going to your club meetings, right? Offer to help with the club newsletter (it's good to get your name in print).

August
Letters, lunches, coffee, and follow-up notes. Keep the cycle going. Reprint your article on your Web site. Keep going to the club meetings. It's time again to ask for endorsements on your Google Places page. These endorsements need to become a regular practice so that you're asking new people to recommend your firm every three months.

September
Letters, lunches, coffee, follow-up notes, and club meetings. Call your media contact again. Offer information on recent developments and remind the person that you exist. Be friendly and helpful. Maybe the journalist would like some lunch or coffee? Send a follow-up note.

October
Letters, lunches, coffee, notes, and club meetings. You're busy, you're tired, and you're overrun with new clients. Seriously, if you've followed this plan, you're getting crushed. Keep it up. Don't slow down. If you need to regulate the volume of work, then raise your prices or hire some help. Don't stop. Stopping is the enemy. Go, go, go!

November
Take a break from client letters. You've made it through the list. Send holiday cards to everyone. Consider a holiday party for your lunch and coffee people. Don't stop with lunches, coffee, notes, and club meetings. Your club will have a holiday party. Offer to play the trumpet for people to dance to (I'm kidding, but you should go to the party next month).

December
Take a break from everything except the club holiday party, your bar association holiday party, and your firm holiday party. Rest and draft your marketing plan for 2012 (I won't be able to write your 2012 marketing plan).

By the end of 2011, you've sent all of your clients a letter reminding them that you exist and can help. You've met a bunch of new referral sources and had a chance to get to know them. You've met a ton of new people in your club. You've been recommended numerous times on Google. You've likely been published in several magazines, and you've probably been quoted in the local media. It's been a very good marketing year.

That's the plan. If you execute on this plan, you'll have a huge year. If you don't, you probably won't. Marketing can be systematic, entertaining, and productive. It doesn't have to be complicated. Try this plan. You'll be glad you did.

Written by Lee Rosen of Divorce Discourse.

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Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw

SmallLaw: The PC Makeover: How to Upgrade From Windows XP to Windows 7 Without Uttering Profanities

By Yvonne Renfrew | Thursday, January 6, 2011

Originally published on December 6, 2010 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

With admitted fear and trepidation, I recently upgraded my XP computer to Windows 7 Professional, 64-bit version. The conversion was prompted by many considerations, including a desire to leave behind what had degenerated into 15-plus minute boot-ups (no matter how many times I ran my registry cleaner), and other tell-tale signs exhibited (as with my body) by an aging operating system.

The Pros and Cons of PCmover

There is reportedly no direct in-place upgrade from XP to Windows 7 (at least without an intermediate installation of the hated Vista), but this conventional wisdom is not entirely true. Laplink software has updated and is now again separately marketing the venerable PCmover software.

With PCmover, you initially decide whether to transfer only "settings" to a new machine (or to a machine with a newly upgraded operating system), or whether to transfer as well part or all applications to the new operating environment (PCmover being the only package widely acknowledged to successfully transfer applications).

In the OS upgrade scenario, PCmover is first installed on the machine while it is still running XP, and then the program transfers all specified settings and applications to a virtual "moving van" that is then stored elsewhere (e.g., on an external drive). The new operating system is then installed along with PCmover, followed by "unloading" the pre-existing settings and applications from the "moving van" into the new OS environment.

Whether to use PCmover versus a clean install of Windows 7 is a personal call. The PCmover routine can take a very long time if your PC is loaded with programs, to the extent that there might not be much time savings over a clean installation of the OS followed by reinstallation of at least your most essential programs. I began with PCmover, but found a system problem with the "Fourth" step described below and so ended up using a clean install.

Preparation

You can (maybe) avoid uttering profanities if you make proper advance preparation for the OS switch-over including:

Make a full-image backup of the "old" XP machine useable to restore your computer to its starting condition should anything — or everything — go to hell in a handbasket.

Run a good audit program like the free Belarc Advisor on the "old" XP machine. It will provide you with a detailed profile (audit) of your installed software, hardware, including installation license keys for many (but not all) of your software packages.

"Deactivate" software packages like Acrobat, Microsoft Office, etc. from companies that keep tabs on the number of installs under each License Key, since that will likely permit you a much easier activation of the package under your new operating system using the existing License Key.

Double check that your principal drive (usually C:) is recognized by your system as Drive 0 (zero). If it is not you may run into other complications and should probably avoid PCmover in favor of a clean install after correcting this problem so that the system recognizes your "C" drive as Drive 0. Go to "Administrative Tools" > Computer Management > Storage > Disk Management where you can ensure that what your system sees as "Disk 0" actually is your C Drive.

The 64-Bit Question

64-bit Windows has the substantial advantage of being able to use more than 4 GB of memory (RAM). Not only is increasing RAM the single best way to improve PC performance, but RAM is dirt cheap. I just purchased 8 GB from Crucial.com for a total of around $167 — and don't ask me what I used to pay for 1 GB unless you want to see a grown lawyer cry.

Certainly if you use your machine for such demanding applications as trial control and trial presentation, get the maximum RAM you can cram into your machine. Frankly, I had anticipated a lot of problems not only in changing operating systems, but also in going to the 64-bit version of Windows. So far, problems have been few and far between. Almost all peripheral manufacturers and software publishers now accommodate both 32-bit and 64-bit Windows 7 operating systems, and if not, many can be run in "compatibility mode."

Create a Software Library

Many of the above transitions (and innumerable other scenarios) will proceed more smoothly if you adopt my practice of maintaining on a network drive a "Software Library."

Virtually all software packages permit you to maintain a backup copy of the software. These backups fill my Software Library, which has a sub-directory for each general class of software (e.g., Word Processing and Text Tools, Trial Presentation Tools, etc.) with breakdowns for each package within that main category (e.g., Microsoft Office).

Within the final category breakdown, each package and/or update appears in its own sub-directory, the name of which begins with the date (YYYY-MM-DD) so there is never any doubt as to which is most recent, and ends with the License Key. Thus, the lowest level directory (which holds the installation software itself) will look something like this: "2010-11-19 Fancy Program Version 6.4 — KEY R79021JJK" — much easier than trying to keep track of all of those CDs and CD cases with License Key stickers. (You will thank me later.)

One warning though. A few software programs will not later reinstall from your network directories, but demand to be loaded from a CD or DVD. You can of course either image (rather than merely copy the contents of) the installation CD to your Software Library in the first place, or you can burn your Software Library directory content to a new CD or DVD for purposes of the reinstall.

All's Well That Installs Well

While an OS makeover is certainly not something you should embark upon the night before trial, absent any such exigency a switch to Windows 7 (preferably the 64-bit version, hopefully accompanied by a modest investment in additional RAM) probably falls into the "sooner the better" category for all small law firms not planning on shutting down within the next 12 months. It's like having a brand new computer, but a heck of a lot cheaper.

Written by Yvonne M. Renfrew of Renfrew Law.

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Topics: Networking/Operating Systems | SmallLaw

SmallLaw: YouLaw: Don't Speak Like a Law Professor

By Gerry Oginski | Tuesday, December 14, 2010

Watch the Video

TechnoScore: 3.0
1 = Lowest Possible Score; 5 = Highest Possible Score
Today's video by Maryland criminal lawyer Kush Arora of the Law Offices of David Benowitz starts with excellent introductory graphics and thumping music. The exit graphics are the same. Kudos to the video editor who created the graphics design. However, your viewer doesn't care about the graphics. They want content.

Next, we see a question: "What is a PBJ?"

Since my area of expertise is in medical malpractice and personal injury, I have no idea what a PBJ is other than fond recollections of a peanut butter and jelly sandwich.

After the question disappears from the screen we see an attorney giving useful information about his area of expertise. In each of my video reviews, I never criticize the content that the attorney is trying to get across in his video. I focus instead on the techniques and strategies used to deliver this important content. The entire point of creating great quality video is to make the techniques totally seamless and transparent so that a viewer is not distracted from the message that you are trying to provide.

In this video, Arora is virtually sitting against a white background with very little space behind him, which creates almost a "mug shot-like effect" since there are shadows thrown from his body and his face onto the wall. I also could not tell whether he was reading from a TelePrompTer.

The video runs 1:31 minutes, which is fine for this type of video. The video uses a close up headshot so that you only see Arora from the shoulders up.

The title of this video is "Maryland criminal lawyer — what is probation before judgment?" Good question, but I wonder whether people (other than law professors) searching for a Maryland criminal lawyer would enter this legalese into a search query.

Tip #1: Introduce Yourself

Arora fails to introduce himself at the start of the video. Why do lawyers fail to introduce themselves when they create a video? It never ceases to amaze me that when a viewer goes online to learn about a particular lawyer or particular topic they see an attorney and the majority of them never say "Hi" to the viewer to tell them who they are. They rely on the graphics or the description to do it for them. When a new client walks into your office, do you introduce yourself? Maybe you just rely on your name being on your door and assume a new client knows who you are. Do you simply ignore the pleasantries and immediately direct them to sit down without smiling?

Tip #2: Move Away From the Wall

To create depth of field you need to have distance between you and the wall behind you. Otherwise you appear somewhat two-dimensional and flat. Your goal is to come to life by being three-dimensional. The way to do that effectively is to give yourself a few feet of distance from your nearest wall.

Tip #3: Illuminate Your Background

I cannot tell from this video whether the lawyer is using any external lights to illuminate his face. There is no additional lighting being thrown on to the wall behind him. Because of the lack of illumination behind him, it is difficult to tell whether his white balance was set before shooting this video. I can't tell whether the background is grey or some shade of off-white. The shirt appears white, but I'm not 100% sure.

Tip #4: The Description Is Sorely Lacking

I like how he prominently lists his firm's URL and phone numbers. However, the copy says "If you are charged with a crime in Maryland, a Maryland Criminal Lawyer at The Law Offices of David Benowitz can assist you." This says nothing about the content that the attorney is talking about. Why not? Looking down further, the two phrases he uses as tags are "Maryland criminal lawyer" and "Probation before judgment." When deciding which tags to use, you have to ask yourself what is your ideal client looking for when they go online to find you?

Again, I return to the question I raised earlier. Will his ideal clients know to search for "probation before judgment" to find this video? I suspect the answer is no, which would explain why there were zero views five days after this video was posted. He would probably have attracted prospective clients using layman's terms such as "erasing a criminal record."

A Final Word of Advice and Caution About the ABA's New Online Marketing Ethics Rules That May Arrive in 2011

On a final note, the ABA recently requested comments and statements regarding lawyer advertising and marketing online. My advice — make sure the content in your videos is accurate and educational. You don't want to establish an attorney-client relationship and have someone erroneously rely on the information you provide.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "He does a great job explaining PBJ (NOT my daughter's favorite sandwich). I thought he was well-spoken and easy to listen to. However, I am an attorney! I think people who don't understand legalese may get lost, particularly since he makes no eye contact with the camera. It looks like he is reading a teleprompter under the camera. Also, without words popping up, the video can be a little boring. I would add some visual stimulus — such as definitions in writing, etc. I'd probably still hire him to argue PBJ, though."

Lawyer, journalist, and legal media consultant Robert Ambrogi says: "It seems to me that if you are going to use video, you should remember that it is a visual medium. Mr. Arora sounds intelligent and competent. But he looks like he's the one in the criminal line-up — all that's missing are the lines on the wall behind him. He needs to move away from the wall, find a better backdrop, and incorporate more graphics."

TechnoLawyer publisher and online video producer Neil Squillante says: "This video has excellent opening and closing graphics, and addresses an interesting criminal law topic that I didn't know about. Unfortunately, Kush Arora doesn't seal the deal. He should speak using the second person, dress more sharply (his tie is loose and crooked), employ cinematography on par with his opening and closing graphics, and expressly ask viewers to contact him for more details."

Written by Gerry Oginski of The Lawyers' Video Studio.

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Topics: SmallLaw | Videos | YouLaw

SmallLaw: Why Integration Is the Key to SaaS Success

By John Heckman | Monday, December 6, 2010

Originally published on November 29, 2010 in our free SmallLaw newsletter.

Over the last ten years or so, the drive toward integration/synchronization has increased. Remember when Alt-Tab showed your open programs and you could switch from one to another? Today, we want one-click integration — send your time entry to the accounting program, save that PDF to your document management system, use information from your practice management program to generate documents, send an email message from any program, etc. With security concerns largely resolved, the future of Web-based (SaaS) practice management systems will depend not only on their maturing feature sets but also integration.

The Two Flavors of Integration

Whether server-based or cloud-based, "integration" comes in two flavors: synchronization of two applications or realtime direct access via an API/SDK. Synchronization — the transfer of information from one program to another, or bi-directionally in more advanced solutions — is easier to write, but realtime links are more powerful and usually more stable. Most of the mature desktop practice management and time billing programs now sync reasonably well with each other, and with Word and Outlook. Worldox, the leading document management program for small and midsize firms, will link with just about anything that generates a document. Realtime links remain a minority, but everyone seems to be developing them.

There is a lot of pressure on vendors to develop additional modules so that realtime integration takes place within a single code base and hence is presumably faster and more reliable. Examples include Tabs3 and PracticeMaster, Time Matters' now abandoned experiment with Billing Matters, PCLaw's basic front office module, and Gavel & Gown's ongoing development of a billing program that will become part of a single code base with Amicus Attorney. The problem with these efforts is that while the core programs are very good, the "add-on" modules are lacking.

On a Windows platform, integration is "relatively" straightforward, since the underlying platform is the same for all programs. However, it leaves out Mac users. And when you get to the cloud, the problem is compounded as the application must integrate with a local server or another cloud-based application. Despite the supposed openness of the Web, many Web applications are essentially closed because they lack APIs or SDKs.

Platform Fragmentation and Microsoft Outlook

The synchronization most in demand is between Outlook and various smartphones. When Palm was dominant, many software companies wrote direct links to their devices. However, as platforms multiplied (iPhone, BlackBerry, Android, Windows Phone, etc.), it simply became too expensive for companies to maintain links to all the available platforms, with the result that today most software links to Outlook and then from Outlook (or Exchange) to the smartphone. Some links are realtime — email and calendar items get pushed to the smartphone as they arrive.

Outlook has becomes the "glue" that holds integration together. Those who do not use Outlook are frequently left out in the cold, although syncronization with Google Apps Gmail (the enterprise version) is on the rise. And there is a little program called GmailDefaultMaker that will let you set Gmail as your default mail client.

What Links Do You Need?

So where do the various SaaS practice management programs stand in terms of their ability to link to other programs? They are developing links so rapidly it's difficult to keep track.

The big four SaaS offerings — AdvologixPM, Clio, HoudiniESQ, and Rocket Matter — started out as relatively self-contained and limited: Contacts, Matters, and Calendar. Integration with other programs, especially email and documents, was at best limited. The exception here is AdvologixPM which was built on Salesforce.com's Force.com platform so it already had some links available through the Force.com AppsExchange.

When looking at a SaaS product, how do you want to expand its capabilities to other programs and functionality? The following examples are not intended to be exhaustive by any means. For a more extensive review of the capacities of various programs, see Seth Rowland's TechnoFeature reviews of AdvologixPM, Clio, HoudiniESQ, and Rocket Matter (all available in the TechnoLawyer Archive).

1. Smartphones

Lawyers love smartphones so a dedicated app is a plus. Yes, you can always just log into the product via a Web browser, but Web sites don't often translate well to the small screen plus they're slower than dedicated apps. None of the big four currently offers dedicated apps, but AdvologixPM, Clio, and Rocket Matter offer mobile versions of their Web sites.

2. Document Management

Investigate links to a document store. How do you get your Word documents or Outlook email into your practice management system? Do you have to resign yourself to using a totally separate area? At present, document management is lacking, although AdvologixPM and Clio both offer synchronization with Google Docs (Clio places a "Clio" button into the Google Apps toolbar). If you are not ready to move to Google, HoudiniESQ offers plugins for Word, Excel, and Outlook that enable you to send documents to the cloud. AdvologixPM offers integration with NetDocuments, which is arguably the most robust option available, but it means an additional monthly charge for NetDocuments (a SaaS document management application).

3. Outlook

The big four provide a bi-directional synchronization of contacts and events between Outlook and the program. What about email? AdvologixPM installs a mini-app directly into Outlook that gives robust access to the main program. HoudiniESQ also automates integrating Outlook emails into the program. Clio's Outlook integration is limited and clumsy.

4. Client Access

Can you grant specific clients partial access to some of their matters? Both AdvologixPM and Clio offer this extranet functionality.

5. Offline Access

What happens when you are totally disconnected from the Internet (say, on an airplane)? Does the application have a desktop module with which you can work "offline" and synchronize when you again have contact? Clio has a desktop module with which you can enter time remotely.

Conclusion

If you are considering switching to a SaaS practice management program, pay particular attention to integration. Will you be forced to abandon Word for Google Apps? Will you be able to link the SaaS application to other specialty software you use?

The good news is that features offered by one application are often matched by the others. Also, since these programs were written using Web technologies, they can be updated and expanded much more rapidly than traditional desktop programs. Finally, these companies are "hungry" — that is, they tend to be much more responsive to customer needs than vendors with a large installed base. If a given program does not have a feature you want, discuss it with them. Generally speaking, you can still easily reach the founders and lead developers. You may be pleasantly surprised.

Written by John Heckman of Heckman Consulting.

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SmallLaw: The Lunch Dividend

By Lee Rosen | Monday, November 29, 2010

Originally published on November 22, 2010 in our free SmallLaw newsletter.

I've been practicing law for 23 years, and I've been marketing since day one. It started with lunches with referral sources. I then started attending seminars and sending big batches of direct mail to referral sources. In 1995, I built a Web site. Some time later, we took up advertising in business publications, then newspapers, followed by radio and even some television. Lately, we've been blogging and tweeting.

It's all good. It all worked to a greater or lesser extent. I have no complaints, and we've built a thriving practice. But one activity stands out from the others, which I've returned to over and over in this column.

Lunch With Referral Sources

When I think back on the money we've spent on advertising, I have no regrets. But it was spent long ago. It's gone, and it did its thing way back when we spent the money. We got a favorable return on our investment. The ads either worked or they didn't. Clients called for a day or two after seeing the ad, and that was that.

Lunch, however, pays dividends. Lunches we scheduled two decades ago benefit our practice today.

You see, we're still getting referrals from people we met that far back. They still send their clients to us for help. In some cases, those lunches were a one-shot deal. One lunch, no follow up. We made enough of an impression that we continue to reap the rewards.

Actually, I don't imagine we made that much of an impression way back then. I'm guessing — thankfully — that no one else has bothered to call that person and ask for his or her referrals.

Even after all this time, I'm guessing we're the only name the person knows for our area of the law.

No other form of marketing that will have the long-lasting impact of getting to know someone in a position to refer business to you. These people are the backbone of a highly profitable practice. Regardless of your approach to marketing, you should always nurture referral sources. They're that important.

Many of us shy away from one-on-one referral source meetings. We'd rather pay someone to build a fancy Web site, film a sophisticated TV ad, or tweet for us. Talking about ourselves and building relationships is hard. Many of us went to law school thinking it was a good path for avoiding what we perceived as a life of selling.

Realistically, however, building a law practice is about sales. Sales are required to grow and thrive. We've got to be willing to get out there and meet people to drive new business to our doors.

Sales doesn't have to be a dirty word. It can be fun; it can be lunch. Lunch can lead to a friendship. The friendship can grow so that your spouse gets to know your referral source's spouse. Their children get to know yours. Sleepovers happen. Family picnics take place. You're at their kid's high school graduation party; they're at your kid's wedding. You vacation together. You commiserate about the empty nest. You study retirement communities together.

All the while, referrals keep showing up at your door, and you do what you can to send some back to your referral source's door as well. Your practice grows. You can afford the kids, the houses, the vacations, and the retirement. That's the lunch dividend at work.

It all starts with lunch.

Written by Lee Rosen of Divorce Discourse.

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Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw

TechnoLawyer: SmallLaw