TechnoLawyer: SmallLaw

Originally published on May 24, 2010 in our free SmallLaw newsletter.

With shiny new gadgets like the iPad commanding so much attention, it's easy to forget that the bread and butter of small firms remains document creation. This means mastering Microsoft Word 2007 (and its forthcoming successor, 2010) beyond just manhandling it as a glorified typewriter or misusing it as if it were WordPerfect.

I give a CLE program called "Tightwad Technology: How to Better Use Microsoft Word 2007 in Your Practice." I've presented this session over 50 times across North America over the last three years. I'm consistently stunned how few members of the audience know how to use three of the most powerful legal-specific features of Word. Let's change this situation at least here in TechnoLawyer starting today.

Word 2007 Tip: Stop Manually Formatting Documents and Use Styles Instead

Styles are nothing more than simple "macros" that modify the formatting of one or more paragraphs with one click. They're that simple — really. Hardly terrifying or even mystifying, you literally position your cursor anywhere in a paragraph, and then click the appropriate Style button on the Word 2007 home ribbon and have the entire paragraph's appearance altered correctly. Or if the desired change would span multiple paragraphs, just select them first.

Why do so few small law firms use Styles? I think the answer lies in WordPerfect lore. In our WordPerfect past, we used codes to format and lay out our client documents. Originally, Styles didn't exist in WordPerfect (they do now).

There is no better way to ensure the consistent "firm" appearance of all documents than to standardize on a few "official" Styles for correspondence, pleadings, section headings for contracts, etc. And yes, you can dispense with the included "sample" Styles that come with Word 2007 and replace them with the smaller, select group you decide on to represent your firm's documents' look and feel.

You can easily create new Styles on the fly via the QuickStyles function in Word 2007. Modify a chunk of text the way you'd want the style to appear. For example, it might be bold, underlined, and 16 point Arial Black text for agreement section headings. Highlight and right click the altered section. Select Styles, then Save Selection as a New QuickStyle. Name the style — perhaps Ross' Preferred Arial Black 16 pt Section Headings — something so obvious you'll later know how and when to use it.

The new Style will then appear on your Styles block on the Home ribbon (which you can later rearrange so it's in the always visible primary row along with your small group of other QuickStyles.) It's really that simple. So get over whatever issues you have about Styles and embrace them — you'll really love them (and probably feel like a dope for not trying them sooner).

Word 2007 Add-On Tip: Numbering Assistant Takes the Insanity Out of Automatic Paragraph Numbering

I know it's not just me. Whenever I ask my CLE audiences about who has issues using Word's automatic paragraph numbering, I hear a collective groan and see heads nodding in frustrated agreement. Automatic paragraph numbering in Word doesn't seem to work the way any normal human would expect. Sometimes the numbering sequences are wrong. Sometimes an indent to another section level causes the cursor to crash headlong into the far left edge of the page beyond the left margin and apparently look as irreparable as an oil spill.

So to return to some semblance of Word auto-numbering sanity, run, don't walk to deploy Payne Group's Numbering Assistant. From the legendary team that produces the necessary Metadata Assistant metadata scrubbing tool, Numbering Assistant replaces the brain-dead Word numbering Styles (yes, they are just Styles) with a dedicated ribbon section that provides a logical range of numbering choices. You can also apply different numbering schemes in the same document, modify the many included schemes, and more. At $78 per seat for small firms, Numbering Assistant costs a mere pittance compared to the sudden rush of enhanced sanity it will bring to your daily use of Word 2007.

Written by Ross Kodner of MicroLaw.

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

Originally published on May 17, 2009 in our free SmallLaw newsletter.

One of the best ways to manage your activities is by learning how to delegate effectively. Focus your energy on the tasks that further your core values, generate the most profit, take advantage of your expertise, skill, or personal relationships, or require your personal participation.

About each task, ask yourself: Does it go to the heart of what you do as a lawyer or how you obtain business, or is it something that you can teach someone else to do?

While it may take longer in the short run to explain the project (and then correct it later) than it does to just do it yourself, if the task is one that truly should be delegated, the overall return on your time makes it worthwhile. Below you'll find five key steps to effective delegation.

1. Give Clear, Comprehensive Instructions

This step is the most crucial component of effective delegation, and is harder than it sounds.

Try creating checklists or other written instructions, particularly for tasks performed repeatedly, by more than one person or by a steady flow of new people.

Be specific about the scope of the project. If the employee finds themselves spending more time on it than you anticipate, they can check back with you to determine whether they should keep going, cut the project short, or change direction.

Communicate why this assignment is important and how it fits into the overall work of the firm. How does it affect clients or fit into the overall strategy of the case? How does it help the firm function? When an employee understands the importance of a task and how it fits into the work that you do for your clients, they become more invested in the project — and more likely to get it right.

2. Prevent Miscommunication

Miscommunication is inevitable. "Memo" to one lawyer might mean one page of bullet points outlining the current state of the law. "Memo" to the newly minted associate may mean a lengthy report complete with case citations, discussions of individual case facts, etc.

Ask the person you're delegating to repeat back to you their understanding of the project — in their own words. Don't just ask, "Do you understand?" Let them tell you what they think you want them to do. This exercise gives you an opportunity to ensure that your instructions were clear and that you've properly defined the scope of the project. Encourage questions, even when using written instructions and checklists.

3. Set a Deadline and Establish Priority

Delegation failure often stems from lack of deadlines or failure to set priorities. Employees need to know when the project must be completed and how important it is. Human nature dictates that urgent work commands attention. If you have no deadlines or priorities, there is no urgency.

4. Create a Feedback Loop

Don't wait until the deadline to determine whether your employee is on track, particularly if you're new to delegation or to working with this particular individual.

Schedule a specific time to check in with the employee when you think enough time has passed to have uncovered some questions, but not so far that you can't rein them in if they're off-track.

Beware of micromanaging. If you've worked with someone for a while and they have met your expectations, you won't need to check in as frequently. In some cases, you can eliminate this step entirely. You must develop confidence in your employees, particularly professionals, and allow them to do their jobs.

5. Evaluate Job Performance and Share the Outcome

Completion of the task does not mark the end of the delegation process. Constructive criticism is an important part of delegation. Take the time to teach and correct your employees so that they can grow and improve. Give praise for a job well done. Also, sharing the eventual outcome with your employees signals the importance of their contribution and their role in your firm's success.

Written by Allison C. Shields of the Lawyer Meltdown newsletter and Legal Ease Blog.

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 May 10, 2010 in our free SmallLaw newsletter.

Along with the warmer weather and blooming flowers comes conference season. Conferences occur in every industry and every part of the country. It's time to pack your bag, jump in the car, get on a plane, and get out and meet some people. Conferences can generate significant new business — often in ways you cannot predict. Woody Allen explained it best when he said "Ninety percent of life is just showing up." Today's column explains how to maximize the other 10% to ensure success.

Select Conferences

Picking the right conference is important, but not nearly as important as going in the first place. It's easy to get caught up in the decision-making process and fail to take action. At this point, it's less important to deliberate than it is to act.

Register for something and go. Consider an industry conference related to your practice area. Maybe you handle construction litigation and the National Builder's Association is the right place for you. Maybe you have a radio station client so you'll go the National Association of Broadcasters convention.

Maybe there isn't an industry conference for your practice area. Maybe you practice white collar criminal law and the closest thing to an industry conference is the annual banking convention. If that's the case then consider attending a conference involving other lawyers in your practice area. For example, if you haven't attended the Real Property Section meetings of the American Bar Association, it might serve you well.

As you consider your options, think outside of the box. Consider a leadership conference, management conference, social media conference, or something totally random like the Le Leche League International meeting (I did that — twice!). You're more likely to develop ideas and business opportunities outside the office than sitting behind your desk.

Conduct Reconnaissance and Rehearse

Picking a conference is step one. Step two is gathering the conference attendee list along with the vendor and speaker list. You can always get the vendor and speaker list. The attendee list isn't always available. Study the lists and determine whom you'd like to meet while you're there. Speakers are usually the movers and shakers in the group. Vendors are always willing to talk. Scour the attendees list looking for people who might prove valuable to your firm.

As your list comes together, go ahead and arrange some meetings now, before the conference. Call or email your list and arrange to have a meal, coffee, etc. Don't book yourself solid. You'll want to save some time for talking with folks you meet along the way.

Before you pack your bags for the trip you should practice. Make sure you have your elevator pitch down. Make sure you have good conversation-starter questions ready. Carry plenty of business cards, along with a system for taking notes about conversations you have. Search for online photos of the people with whom you have meetings. Think through the legal questions you're likely to be asked and have your answers organized in advance. Rehearse some of your best stories and be prepared to tell them when the opportunity arises.

Work the Conference

Next up is the conference itself. Stay at the main conference hotel. That's important because you need easy access to the attendees. You want to share the same elevators, restaurants, and gyms with the conference participants. Crossing paths with new people is an important part of your effort. You can usually get a discounted rate at the conference hotel.

As the conference gets going, it's time for you to get going. Get up early and stay up late — there's time for sleep when you get home (take an afternoon nap during sessions if you get tired). Your goal is to meet people between your prearranged meetings. Talk, talk, talk. Don't get trapped in conference sessions where you're required to sit quietly and take notes. Get out in the hall and chat with folks. Meet people, figure out how you might work together, and take notes. You don't need to close the deal at the conference. You'll follow-up later.

How will you work together? Many possibilities exist. Some folks will become clients, some will become marketing partners, some will become referral sources. You'll meet the association magazine editor who'll invite you to write an article, the meeting planner who will ask you to speak next year, the vendor who needs help tweaking his contracts, and the reporter who needs an expert to comment on an industry issue.

After the sessions wrap up for the day you should head for the bar. Hang out and get to know people. Gather a group and move out for dinner. Talk about dinner as you maneuver through the day and invite anyone who doesn't have a plan. You may want to book a big table for each night before you leave home. If your budget permits, go ahead and buy dinner for the table.

Follow Up After the Conference

Do all of that and you'll succeed unless you make one huge mistake — fail to follow up once you return home. You must plug the names, email addresses, and numbers into your whatever system you use immediately. Then communicate with each person to make your plan for new business come to fruition. Call all those people who invited you to participate in some way and make it happen. Call prospective clients and move toward an engagement. Contact the referral sources and move the relationship forward. Follow up is critical. Otherwise, you may as well just stay home.

Written by Lee Rosen of Divorce Discourse.

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 May 3, 2009 in our free SmallLaw newsletter.

Watch the Video

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

California immigration attorney Brian D. Lerner has good information in his video. However, the poor quality of his video overshadows this information.

It appears he's using a Webcam. The video quality is poor. The pixelation is high. The lighting is extremely dim. The background is even worse. The positioning of the camera places the top of the attorney's head somewhere in the bottom half of the frame, leaving tons of free open space in the top half of the video frame.

Lerner sits in a reclining executive chair which is a major drawback when creating video. You'll notice him bobbing back and forth while he talks. Always use a straight fixed-back chair. I could not tell whether he used a built-in microphone on his Webcam or computer, but the audio is sorely lacking.

Each law firm video I review starts out with a full five points. What happens after that is up to the video. Here is how Lerner lost all his points: Poor audio, -1. Poor video, -1. Poor lighting, -1. Poor positioning of the camera and bobbing chair, -1.

Tip #1: Prospects Will Not Watch Webcam Video

When YouTube started posting high definition video, many other video sharing sites followed suit. As a result, the the bar for creating online videos has risen.

If you create videos using your Webcam, no one will ever watch them. Using your Webcam to create attorney video is simply not a good idea. HD cameras are relatively inexpensive and easy to use. Even pocket cameras (which I do not recommend) like the Flip, Sony Webbie, or Kodak Zi8 are markedly superior to any Webcam.

Importantly, if you're going to create your own videos you must learn everything possible about video technique, lighting and audio. If you're not willing to spend the time and effort to learn everything you can about how to improve the quality of your video, and importantly what content to put in it, skip the do-it-yourself part and go straight to a video production company with a track record in the legal market.

Tip #2: Content Is King, Including Video

When lawyers first started creating Web sites, they didn't realize the importance of publishing educational content. That's what search engines like to index. Today, social media is all the rage. Facebook, LinkedIn, and Twitter have emerged as publishing platforms to use in conjunction with your Web site. But content remains king. And the next big thing in content is video because it's becoming increasingly searchable.

For example, YouTube recently started using closed captioning, and now uses voice recognition to turn speech into text for newly uploaded videos. I had a chance to try it out with this video and some other videos. It's pretty cool to see it in action. If you hum and haw during a video, the text translation doesn't know what to make of it and gives you gobbledygook.

Tip #3: Create An Ongoing Series of Videos

It's important to create not just one or two videos, but an ongoing series. Doing so will help boost your search engine visibility and increase the chances that someone will find one of your videos. To his credit, Brian Lerner has created multiple videos. Of course, he should scrap and recreate them using better equipment.

Till next time, see you on video.

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This is a horrible video! Bad sound quality. Bad picture quality. I think my BlackBerry takes better videos. In addition, the guy is off-center the whole time and the lighting is non-existent. I would never hire this guy — he cares so little about the quality of himself — why would he care anymore about the quality of the work he does for you?"

TechnoLawyer publisher and online video producer Neil Squillante says: "Brian Lerner should save the amateur hour videos for Chatroulette. Get a better camera and turn on a light or three."

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 April 19, 2010 in our free SmallLaw newsletter.

In today's economy, "law firms must run lean and mean to remain competitive and profitable." However, according to the University of Florida Levin School of Law's "2010 Perfect Practice Legal Technology Institute Study" (PP-LTI Study), small law firms have largely failed to implement technologies that would help them achieve this goal. Furthermore, despite prevalent concerns about client confidentiality and security, small firms often fail to embrace technologies that address these very issues.

Legal Technology Institute director Andrew Adkins says that the original goal of the PP-LTI Study was to determine how many legal professionals use practice management software, but it expanded to cover other technologies as well.

Small Firms Fail to Adopt Basic Technologies

Among the results that the PP-LTI Study authors found "surprising" was the failure of legal professionals to adopt simple technologies, which cost relatively little but can boost efficiency. For example, dual computer monitors.

Adkins was also "amazed" that more small firms have not implemented document management systems. A similar study, conducted in 2000, concluded that 50% of legal professionals were not using DMSs. The PP-LTI Study shows that 52% of those surveyed still do not use the technology. Small firms are significantly less likely to use document management systems than those in larger firms as 80% of the respondents who reported using a document management system worked in large firms.

Similarly, the study's authors were surprised to find that — despite concerns about client confidentiality and security — many small firms do not use metadata cleanup software or email encryption. Again, larger firms lead the way: 61% of small firms said that they did not use metadata cleanup software. Of the 25% of respondents who reported using email encryption, only 20% were at small firms.

Large Firms Have a Significant Lead Over Small Firms

It is clear from the PP-LTI Study that size matters. Overall, small firms lagged behind their large firm counterparts in the adoption of common technologies. For example, while tools for routing and notifications of paperless workflow seem to be catching on across the industry, they're much more prevalent at large firms. Also, nearly 50% of small firms reported using a practice management system (such as AbacusLaw or Amicus Attorney) versus nearly 83% of large firms.

What are the perceived barriers regarding the use of practice management systems? Respondents — especially those in small firms — were most likely to explain their non-use with the "if it ain't broke, don't fix it" rationale, noting that their current systems were working and "not worth changing."

While the "cost of maintaining" a practice management system was a close second, respondents also identified concerns about integration with other technologies, the inability to "see the benefits," and the "cost of computer upgrades" as primary barriers to adoption. Although there was consensus, among survey respondents about the issues that stand in the way, small firm lawyers were significantly more likely than their large firm counterparts to express concern about each.

Of course, it is no surprise that small firm users are more concerned about cost, maintenance, and integration issues. Compared to their large firm counterparts, small practitioners lack the financial and IT "buffers" that help smooth the way for the adoption of new technologies. However, the PP-LTI Study found that those firms without a practice management system estimated its cost as more than double what those who do use such software actually paid.

Read our companion article, New Study Shows Large Firms Behind the Technology Curve.

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 01, 2010 in our free SmallLaw newsletter.

At ABA TechShow, which kicks off later this month, you can learn about blogging, eDiscovery, social media, and other hot topics. But over the past few months, the usually unsexy topic of legal research has emerged as the hottest topic of the year. Recent developments may impact every small firm in the country. Here's why.

Beginning in late 2009, a decades-old question re-emerged for the first time in years: What technology will power the future of legal research? Thanks to several new competitors, legal research looks like a crowded field rather than a duopoly — a good thing, right? After all, competition encourages companies to retain existing customers and win new ones by being faster to market, ensuring a low cost-structure, and introducing a better product — and maybe even by doing all of the above.

Over the years I have sampled and — for at least some time — actively used each of the principal services. For me, the results have been underwhelming. I am among those who yearn for a future with better legal research technology.

The Defending Champs and Their Challengers

Westlaw and Lexis — the leaders in legal research — need no introduction. They built their reputations lawyer by lawyer, reporter by reporter … before being acquired and then acquired again. Today Lexis and Westlaw are often mirror images of one another in many respects. Despite their rivalry for the hearts and minds of the profession, the two companies keep one another under constant surveillance and compete for the same AmLaw 100 accounts more or less … plus whatever smaller players their sales armies can catch.

So is there really a difference? I have found a few. Westlaw has a slightly more graphic-intensive and less confusing interface than its rival. Moreover, its natural-language search capabilities are more robust than those of Lexis, especially given its recent launch of WestlawNext. Meanwhile, its databases are nestled within one another so effectively that researchers can get to searching rather than running the gauntlet of choices that Lexis users must navigate. Unfortunately, when it comes to billing Westlaw shows less flexibility than it used to, and less than Lexis. I attribute this change to the influence of Thomson and Reuters.

Lexis has an embarrassment of riches when it comes to information — traceable to its roots as an information vendor, not just a legal information company. It also possesses a dynamic internal structure that frequently causes it to operate less like a unit and more like a federation of independent businesses. The results can be downright exciting, and Lexis has aggressively acquired a number of cutting-edge companies in the legal field over the past decade. Too bad the company took its eyes off the legal research prize. It seems like LexisNexis can't decide what it wants to be when it grows up: application vendor, news source, social network, etc.

Loislaw was one of the first serious challengers to the domination of legal research by Westlaw and Lexis, but never grew beyond its original sandbox in terms of interface or databases. The key feature Loislaw sought to exploit was its ability to access public records for free and add value by linking the pieces into a network. It also offers a citation service. But it seemed to me like Loislaw never finished integrating the pieces with one another. Nonetheless, the alternative research market is Loislaw's to lose, which it may to Fastcase.

Fastcase seems like the real legal research alternative for my money. To begin with, the service really does deliver information fast, using an easy to grasp, easy to use interface, ties results to the right sources, is available online or on your iPhone, and does it all for free. At first the strategy was to have bar associations pay for the service and pass it on as a member benefit, which worked out fine. So how surprised were they when free became the new way to market? The rest is history. I credit Fastcase with preventing "free research" from being synonymous with "lousy research."

I have the least direct experience with Bloomberg Law for the obvious reason that this service is new and not trying to upend the overall market or serve all lawyers. Quite the contrary, Bloomberg aims to simplify the life of large firm lawyers, securities lawyers, and corporate law departments. The strategy at Bloomberg is simple: limited databases, limited services, high priced premium access for a well-defined market. Bloomberg may take business away from Westlaw and Lexis, and represents a breath of fresh air in this rarefied atmosphere, but you can't use it to shore up your average child support motion.

In November 2009, Google announced that it would offer state and federal court opinions through Google Scholar, including Supreme Court opinions back to 1791. Since then it has become apparent that Google Scholar updates its databases in real-time (a Google hallmark), and continually adds services to enhance its growing case law and statutory law stash. However, the real strength of Westlaw and Lexis stem not just from the number of information sources they boast, but from editorial oversight and connections among those databases to bring forth added value. At the moment, Google Scholar offers no such added value, and there is no indication that it will. Maybe it really just does just want to add another dimension to the searches conducted by ordinary people.

And the Winner Is …

This fight is just getting started. The winner could become your next legal research provider. One way or another we all have a horse in this race, and we should all let the big providers know where we stand. I think I just did. How about you?

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

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 28, 2010 in our free SmallLaw newsletter.

We've all heard that bad things happen in three's. I'm tired of negativity. Why not focus on the positive? With today's column, I'm kicking off a series of monthly columns, each of which will offer three tips to help your small firm tackle a technology hurdle. Today, let's explore whether it makes sense to move to Windows 7. Is it safe? Should you upset your reasonably stable Windows XP apple cart? Can you avoid the nightmare otherwise known as Vista?

Vista Be Gone

I have written extensively about the product I quickly came to refer to as Windows Vista or MOPH (My Own Personal Hell), and the time it wasted, the angst it engendered, and the outpouring of public vitriol at the sheer callous offensiveness of the product.

Continuing to berate Vista serves no practical purpose, largely since with the release of Windows 7 in October 2009, Microsoft seems to have made a comprehensive mea culpa for the errors of its previous operating system ways. These included:

• Incompatibility With Peripherals: The inability to reliably use even relatively recent vintage printers, scanners, and other devices confounded more than a few Vista victims.


• Unreliability: Vista was so bloated with running services and its own clumsy applications that its raison d'etre as an operating system was short-circuited. It just didn't really … operate.


• False Security: Absurd and thinly veiled attempts to create a false sense of digital security through a series of marketing-driven warnings and notifications in the form of the dreaded UACs (User Account Control) messages. Some users could literally see 50+ of these permission requests in an hour of work. And the technology behind the "warnings"? Often nothing more than a fraudulent intent to create a sense of security where none really existed.

We could go on, but to what end? Microsoft effectively acknowledged its colossal mistake by continuously extending the life of Windows XP. Enterprise buyers refused to drink whatever minimalist Vista Kool-Aid Microsoft offered and stayed away in droves. To its credit, Microsoft routinely indirectly acknowledged Vista's inadequacy, largely by rapidly accelerating the development and release of its successor, Windows 7. After perhaps the largest and longest public beta testing process this side of Google's products, Windows 7 rolled out after months of positive reviews of its surprisingly stable "release candidate" versions.

Tip One: Windows 7 Actually Works

Let's explore the conclusion first. Yes, Windows 7 is reliable and worth the upgrade/migration process. It works. Finally an operating system from Microsoft that does in fact … operate.

It's safe. Safer to use earlier in its life than any Microsoft operating system in memory. It's actually good enough to draw semi-positive comments from Mac users (i.e., "It's actually not that bad" — yes, that's high praise from any Mac user when referencing a Microsoft operating system).

Tip Two: The Best Things About Windows 7 Are Substantive

Vista, may it not rest in peace, supplanted substance for fluff — silly eye candy that was both superfluous and insulting in its utter lack of respect for a user's ability to accomplish anything of functional value.

Windows 7, however, excels in several distinct areas including the following, all of which could be said to be the virtual opposite of corresponding Vista functions:

• Reliable access and exploitation of systems with more than 2 GB of RAM courtesy of a more compatible 64-bit version than Vista offered.


• Less intrusive sub-applications and less menu clutter.


• Feels more "XP-like." That it is a compliment of the first order, referring to the perception of workmanlike operability of XP.


• Peripheral compatibility is dramatically improved. Windows 7 also benefits from years of driver automation and refinement.


• Performance — Windows 7 is smart enough to know when to get out of its own way. About time Microsoft — and frankly, nicely done.

Tip Three: Best Practices for Windows 7 Upgrades

The best approach is to move your practice to Windows 7 by buying it pre-installed on new, Windows 7-certified/compatible/friendly PC systems. If you're a Windows XP user, just wait out the lifecycle of those systems and retire them. If you're a Vista victim, by all means, rescue yourself as soon as you can. However, going the upgrade route is possible.

Upgrading to Windows 7 for most law practices will involve a "bare metal" process on an existing Windows XP system. Windows 7 cannot perform a direct upgrade from Windows versions earlier than Vista — a fresh installation is required. However, as part of the process, the prior Windows system is saved under a Windows.Old file structure — the older files can still be accessed, although the older version of Windows cannot run (unless of course the system's drive is partitioned and the prior version of Windows is maintained, with a dual-boot structure being created).

As always, performing an operating system upgrade is cleaner and much less problematic when a fresh installation is involved. The process of overwriting a prior operating system with "in place" upgrades has virtually always yielded a digital mess — the detritus of the old operating system tainting the reliability of the new. So even Vista users — the few out there in a law practice situation — should serious consider clean installations rather than in-place upgrades.

Windows uberguru Paul Thurott recommends a three step process for a Windows 7 upgrade on non-Vista systems.

1. Backup your crucial data and settings using Windows Easy Transfer (it's on the Windows 7 Setup DVD). Make note of the applications that are installed, because you'll have to manually reinstall them again after the fact.


2. Perform a clean install of Windows 7 using the upgrade media.


3. Restore your crucial data and settings using Windows Easy Transfer (part of Windows 7) and then reinstall your applications.

Microsoft has a helpful online resource to help small businesses through the upgrade consideration process. You'll find un-Microsoft-like simple explanations of the volume license process when five or more systems are involved, and learn about the upgrade compatibility/compliance testing to determine the success likelihood based on your present hardware platforms.

Written by Ross Kodner of MicroLaw.

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

Originally published on April 4, 2010 in our free SmallLaw newsletter.

This year's ABA TECHSHOW focused on practicality (and I'm not just saying that because it's on the Web site). In that spirit, let me begin by giving readers what they want most, followed by a little perspective on how we got here. To begin with then, below you'll find my picks for the year's 12 Best of TECHSHOW. Also, don't miss my TECHSHOW interviews.

Best Of TECHSHOW (In No Particular Order)

Clio: For SaaS practice management Clio still rules. Rocket Matter has much catching up to do.

Contracts Express: Formerly known as Deal Builder. Contract drafting in the cloud. Subscription pricing.

Worldox: For document and information management Worldox is the worst. But the best. Go figure.

SpeakWrite: Love this idea — dictate into any phone and get the document in 3 hours by email.

Certex: Professional checks prepared in the cloud. Old idea. New twist. Way to innovate on a budget.

SurePayroll: Payroll sucks, but preparing it at your leisure sucks slightly less. That's a win-win, baby.

Walz Group: Certified mail is a necessary evil. Walz figured out how to save money and time. Sweet.

Proximiti: Proximiti Communications makes automated billing software that works. Plus VoIP phones that save money and integrate with your billing.

FastCase: I've said it before and I'll say it again — for free and mobile research FastCase is it (for now).

WestlawNext: What? I can change my mind. WestlawNext really is better — so much that I use it myself.

Lexis for Microsoft Office: Recognizes and updates case citations as you put cases in your brief. Awesome.

DirectLaw: Like the Highlander, there can only be one. DirectLaw is still the one to beat for a virtual practice. An oldie but a goodie.

How We Got Here

We all know that ABA TECHSHOW 2010 caps a decade marked by relentless churn. We also know that despite such turbulence (or maybe because of it) the biggest law firms got bigger while others blinked out of existence.

As a result, there are fewer large firms than there were a decade ago and the firms still in business employ fewer lawyers than their predecessors. The upshot is that more lawyers are on their own.

Hypothetically then, if a piece of legal technology or office appliance can't save me time or make me money, why buy it? The concept seems simple enough, but it turns out that until recently the ABA TECHSHOW floated above these economic facts of life.

In fact, it was just a few years ago that the show's organizers deviated from their traditional focus on big firms, big vendors and big price tags — right about the time in 2004 that I asked a group of assembled ABA TECHSHOW board members why they favored big firms so heavily "Tech Show favors large vendors?" they answered. "Ridiculous." Or was it?

ABA TECHSHOW 2.0

Despite those ardent denials, the following year's show was markedly different. Ask any of the attendees, vendors, or speakers who were there: clearly the balance had shifted away from biglaw vendors in favor of more agile developers and competitive pricing. I am happy to stay that 2005 became the tipping point.

Every TECHSHOW since has continued the trend toward technology startups, smaller vendors, and lower cost alternatives to big ticket staples — even going so far as featuring SaaS vendors on an equal footing with the vendors of desktop-based solutions.

Maybe it was something in the water back then because 2005 was also the year when the technology industry recovered from the dot-com debacle with thousands of twenty-somethings around the country producing Web-based applications to handle everything from photographs (Flickr) to instant messaging (Dodge Ball).

This wave of Web 2.0 innovation was inspired by necessity. Lawyers, no less than any other group, were in need of a technological shot in the arm to deal with the pressures of a dwindling client pool, downward pressure on income, and soon the added pressure of rapidly declining asset values. Practical technology could mean the difference between remaining the profession and packing it in. At that point the stage was set for a revolution in getting smaller, simpler, cheaper, and, oh yes — faster.

Coming Full Circle

Given the trend that started 5 years ago, we can clearly see why TECHSHOW 2010 was so full of practical developments. Instead of trying to sell solutions for problems nobody had, this year's crop of vendors appears to have been busy in 2009 applying technology to virtually every workaday task in the average law firm — from depositions to drafting, research to practice management, even virtualizing practice itself. So it makes perfect sense that this year's TECHSHOW was not about who made the biggest and best, but rather who can provide the most affordable and efficient with a small footprint that doesn't require a Ph.D. to install.

I've never been more satisfied, and I'm sure that I wasn't the only one. TECHSHOW this year wasn't just about the latest crop of sexy gizmos. It offered a solid helping of legal technology comfort food and office must-haves that would be a relief to veterans and a revelation to young lawyers. And after all, what could be more practical than that?

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

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, 2010 in our free SmallLaw newsletter.

In my last SmallLaw column, I explored (okay, ranted) about moving past the objections to software as a service (SaaS), and instead shifting the focus to functionality and suitability for daily law practice use. At ABA TECHSHOW last week in Chicago, it was impossible not to get caught up in the buzz that continues to build around cloud computing. With practice management SaaS leaders Clio and Rocket Matter both announcing feature expansions and five full quarters of business operations under their collective belts, the market felt oddly "mature." In short, I detected a paradigm shift. Let me explain.

Small Firm Lawyers Receptive To SaaS but Concerns Remain

I had the pleasure of participating in the "Meet the Authors" series with Jim Calloway and Sharon Nelson, co-authors of my ABA book, How Good Lawyers Survive Bad Times. We hosted a suiteful of attendees for a free-wheeling, wide-ranging discussion of legal technology topics. The subject of the viability, suitability, and practicality of SaaS dominated the lively and interactive conversation.

What struck my co-authors and me perhaps the most was the acceptance of cloud computing as an accepted, standardized, institutionalized option that merited equal consideration along with Ground Computing (okay, we really do need a phrase to describe traditional, installed applications).

The idea that the holy trinity of legal technology — case/practice information management, document management, and billing/financial management — could entail both traditional locally installed programs such as Tabs3/PracticeMaster, Amicus Attorney, PCLaw, Time Matters, etc. and SaaS products is huge.

The discussion seemed to be a reasonable microcosm of small firm life, with lawyers from across North America actively involved, and spanning the entire range of ages as well. While hardly scientific and not rising to the level of being empirically sound, it felt representative of the buying marketplace. Below I recap the two most interesting discussion points to emerge from this discussion.

1. Hey You, Get Off of My Cloud

Yes, it's the increasingly tiresome and hollow "Connection Objection" — the inevitable objection raised early in a cloud computing discussion is "what happens if I lose my Internet connection and can't access all my stuff?"

Absolutely a critical point, but as attendee and ABA TECHSHOW faculty member, Nicole Garton-Jones of Vancouver's Heritage Law so succinctly put it, "the Internet connection issue is a red herring." She explained that her office has it's own virtual server and is its own cloud computing provider, delivering apps via the Web, controlling access and leveraging a dual failover pair of Internet connections, much in the same manner as a larger corporation would.

Someone else said, "fine, go across the street to a Starbucks for a few minutes" or "take out your wireless broadband card or your MiFi and share a wireless connection until your regular connection is back up again."

The point is that this objection just rings hollow today — you can find a way to nearly always stay connected, which leads us to a different angle on the connectivity issue.

2. Keep Me Working No Matter What

The other takeaway point is that cloud computing vendors need to take the idea of offline access seriously. Multiple attendees echoed this concern. It's not "I can't get online because my Internet connection is down, but more that sometimes I'm not somewhere I can stay connected." For example, when traveling sometimes wireless broadband coverage can be iffy and slower, and even in the middle of Manhattan's concrete jungle, laptop-wireless access can be spotty.

So to the cloud computing folks, give us some real offline access! That means the ability to have a scheduled or real-time time mirror of our practice/document/billing management data to an applet of some sort that will let us actually keep working (not just an exported CSV file that no one can really use immediately in any meaningful way). Then provide some type of smart syncing to return our offline-entered data to the mother ship when we're able to reconnect. Seriously guys, it's time.

Get to Work SaaS Vendors

So in my continued examination of cloud computing for solo and small firms, the answers sort of exist — just finish the puzzle guys, deliver on offline access, educate us about the fallback connection approaches, and of course provide the features law firms need. Then, welcome to the mainstream … but truly, not until then.

Written by Ross Kodner of MicroLaw.

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

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

I love marketing in every form. I've tried advertising on radio, on TV and in print. I've sponsored charitable events. I've put up billboards and sent direct mail. I've printed brochures, flyers, booklets, books, and white papers. I've held seminars for prospective clients, lawyers, mental health professionals, accountants, doctors, and clergy. I've served on boards and volunteered for charities and political campaigns.

That was my warm-up act. I could spend hours telling you how I got on Geraldo, CNN, and Dr. Phil. I could tell you how I've attracted the attention of the TV networks and how I've done radio shows in Europe. I've written articles and letters-to-the-editor. I've spoken at CLEs, produced podcasts, and penned a weekly newspaper column. My list of marketing activities is endless and I've loved all of them.

But the most effective and efficient marketing I've ever done is having lunch with a referral source. It works. It generates business. It's where you should spend the bulk of your marketing energy.

It's important, however, to apply some metrics to your lunches. You should measure your effectiveness, make predictions, and determine if what you're doing is working. At each lunch, you should strive to improve your numbers. Most importantly, you should schedule enough lunches to keep your calendar full.

How Many Lunches Does It Take to Generate a New Client?

The answer requires a bit of math. It's important to master these calculations because it helps you figure out how much time to spend on marketing to keep your calendar full. It's not a one-time calculation. Your effectiveness will improve and your base of referrals will expand. Calculate now and keep up with your data as you build your practice.

Here's my formula:

1. Determine what percentage of your referral sources want to refer to you after a meeting. Not everyone will like you. You won't connect with everyone. Let's assume that 90% of your prospective referral sources become actual referral sources.


2. Some referral sources actually have someone to refer, but others don't. Let's assume that 40% of referral sources will have someone they can refer right now.


3. Some referral sources like you, have a prospect to refer, and still won't take action. They just can't be bothered to make the call. Let's assume that 80% will actually take action.


4. Once the referral source makes contact with their prospect, it's then up to the prospect to take action. Some won't act. They aren't ready or they might change their mind. I generally assume that 50% of clients will rely on the referral and take action by scheduling an initial consultation.


5. Once the prospective client comes in for a consult they're pretty likely to retain. Referred clients have a very high retention rate since they've been told how great you are by someone they trust. I assume that 80% of these prospects will retain at some point.


6. Unfortunately, some of those prospective clients won't be ready to move forward for a while. They need time for circumstances to change. I usually assume that 50% of the referred prospective clients will take action this month.

In mathematical terms:

New Clients = (Number of Referral Source Meetings) (% Who Like You) (% Who Have Prospect) (% Referral Source Acts) (% Prospects Who Schedule Consultation) (% Prospects Who Like You) (% Prospects Who Take Action Now)

Applying the Client Development Lunch Formula

So how does all this shake out when you apply all the assumptions I've incorporated in my formula?

To get one retainer this month, you need to take 20 referral sources to lunch or coffee. If you need 3 new clients this month, you need 60 referral source meetings. That's a lot of lunch (one of my friends does two a day, one at 11:30, one at 1:30). Very few of us have time for 15 referral source meetings each week. Of course, if you're just starting out, you've got plenty of time and there's no better way to spend it.

Realistically, you only need to have this many meetings in the beginning. Once you start to grow your network you'll reap the benefits of exponential growth. This month you'll get a few referrals. Next month you'll get referrals from last month lunches. You'll get calls from some of those prospective clients who weren't ready to act. The snowball will grow and grow and you'll find it takes far less energy to keep it rolling.

Success doesn't mean you should dispense with the metrics. Keep measuring your effectiveness. Make it a sport. Keep improving your stats. Figure out where you're winning and where you're losing. If your referral sources aren't calling their clients to pass along your information, start teaching them how to make the referral. If prospective clients aren't retaining you after a consultation change your approach. Use the data to improve each and every month.

As a bonus, you'll a great time getting to know people. Keep up with the numbers as you go along. Measuring your lunches will result in a thriving law practice.

Written by Lee Rosen of Divorce Discourse.

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.