TechnoLawyer: SmallLaw

Originally published on March 14, 2010 in our free SmallLaw newsletter.

I've talked about lunch a lot in my SmallLaw columns. Truth be told, I think about lunch all the time (and breakfast and dinner — I spend most of my waking hours thinking about food). I focus on lunch because it's the cornerstone of practice development. You've got to take people to lunch.

While you're at lunch with clients, prospective clients, and referral sources, it's critical to build strong relationships. It's valuable to get to know these folks. Ideally, you'll create some friendships that enhance your personal as well as your professional life.

THE SCIENCE OF FRIENDSHIP AND NETWORKING

I've been reading about friendship lately. I'd always thought of friendship as something that just happened. I like some people, I don't like others, and some like me (not very many actually). It's like magic, or at least that's what I always thought.

Turns out, however, that friendship isn't magic. Social scientists study this stuff. Friendship stems from engaging in certain behaviors. The most important behavior that leads to friendship is mutual self-disclosure. You share something personal about yourself, and the other person reciprocates. Note the word "mutual" — it isn't simply that you disclose, it's that both of you disclose.

It starts, however, with your disclosure. You've got to take a risk and disclose something personal about yourself. You've got to be willing to put it out there and see what happens. You'll soon find out if your lunch partner will reciprocate. If he does, the relationship will move to the next level. If he doesn't, you'll know that true friendship won't blossom — at least not yet.

I sometimes spend time with a person who doesn't disclose (I'll skip the long story on how this keeps happening). I know almost nothing about her. It's weird, but every time I see her it's like Groundhog Day — we pretty much repeat the same conversation. We never move to the next level. I can't honestly say that I know much of anything about her. I've disclosed. No response. We're stuck. It's kind of sad and it's generally unpleasant.

Self-disclosure isn't something I've heard mentioned by most of the relationship experts. They advise being real, being authentic, asking questions, and listening. That's solid advice, but it's vague and sometimes hard to put into action. Self-disclosure is a little more concrete. But for some of us, it's hard to put in to practice.

DON'T START WITH YOUR DEEPEST, DARKEST SECRETS

Self-disclosure sounds scary. It sounds risky. Disclosing anything, especially before the other person has disclosed anything personal, sounds like a game of truth-or-dare gone awry. Most of us lawyers have a great defense system. We avoid disclosure. We can answer a question with a question or we can make a joke or we can change the subject.

We all want to put our best foot forward. We like being thought of as well adjusted, smart, and successful. We don't want to disclose something that might embarrass us or cast us in an unfavorable light. Unfortunately, being careful about what we disclose is a barrier to strengthening our relationships. We've got to be open and tell others our secrets if we're going to foster the connection.

I'm not suggesting that you start with something that might scare your lunch mate. Don't admit that you have a crush on your paralegal. Start off with something mild like admitting your fear of heights or alligators (which scare the crap out of me). You'll quickly figure out whether things are moving forward or not. Test the waters a bit before you go too far.

Taking the risk of self-disclosure has great rewards. You'll win business and make new friends. New friends are in short supply in our busy world. With new friends you'll be happier and more successful. If I take my own advice, I might even receive some tips on how to avoid alligators.

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 March 8, 2010 in our free SmallLaw newsletter.

Warning — a rant is headed your way. A well-reasoned and situationally warranted one I believe, but definitely a rant. If I hear one more debate about whether lawyers should use software as a service (SaaS) (aka cloud computing systems), my head might explode. This debate is perpetually mired in concerns about accessibility, ethics, and security. It's time to move past these nonissues and focus on more relevant issues that will enable SaaS products to mature into mainstream small firm products.

The Two Most Hotly Debated SaaS Issues Are Nonissues

Like many others, I've consistently sounded the dual alarms of SaaS: caution about newer technology, and of professional responsibility. These cautionary points do not revolve around functionality, necessarily, because there is much to be said about the "less is more" design approach embodied by SaaS products (especially practice management systems).

Rather, reasonable prudence from a best practices perspective focuses in part on continuity — availability of practice-critical data such as docketing and deadline information, documents, and core matter information. Small firms still need to reckon with access issues such as a data outage or slowdown anywhere in the digital pipeline, or vendor insolvency complicated by a predictably recalcitrant bankruptcy trustee.

It is relatively easy to address potential continuity issues. Eventually, legal SaaS system providers will build the local system mirroring/syncing/replication tools to ensure the same offline accessibility that enterprise corporate products have had for years. Why haven't the small-firm oriented legal SaaS providers built workable, immediately usable offline capability yet? Beats me — they know it's an issue and they must be tired of the constant pundit criticism.

The reality, however, is that continuity issues need to be balanced against the possibility of internally-maintained software becoming inaccessible because of a panoply of technology troubles. Digital bad days blacken all doorsteps — both externally and internally hosted applications fall prey to disrupted access.

Other concerns continue to swirl, especially vague ethical rules regarding surrender of control of confidential client information to third parties. The confidentiality issue ties into data transmission and encryption issues as well as the disposition of confidential information in the event of vendor insolvency and dissolution.

The reality, in the absence of inevitable ethical opinions and updated rules of professional responsibility, is that the ethics issues are largely a red herring. There is a long tradition of permitting third party data access and control to confidential client information. The obvious example is using third parties to retrieve and maintain archived client files, or to process electronic discovery files. Even online data backup, with multiple state bar associations having vetted and endorsed various services, has become informally accepted.

So let's just all get over it — SaaS makes sense. The above issues will be resolved, likely sooner rather than later. If the world's largest corporations can place their trust in wildly successful and field-proven SaaS products such as Salesforce.com, legal SaaS systems will become just as trustworthy. Outside of the small firm sphere, we already see very successful examples of SaaS legal applications, including mission critical systems such as financial management products. Rippe & Kingston's LMS+ is a sound example.

It's the Functionality, Stupid

In a world where universal access across multiple devices is rapidly becoming a necessity — PCs, Macs, iPhones, BlackBerrys, and now iPads — the browser interface is inevitable. The faster traditional software vendors realize that users prefer simpler, consistent browser-centric interfaces, the more likely they'll survive and thrive in the long run.

So what should we focus on when it comes to SaaS? How about functionality? How about shifting the debate to what really matters to users. Whether financial, document, litigation, or practice management, how well do the various products perform? Does this shift in focus mean that SaaS providers should be given a free pass when it comes to continuity and ethical issues? Of course not. Law firms must do their homework in this regard, but they must also evaluate the features.

Only by focusing on the needs of small law firms can we improve existing SaaS products and encourage new entrants into the marketplace. For example, there's no reason that Rippe & Kingston can produce a fully-featured, hosted financial system, but not produce a functional equivalent for smaller firms, scaled down to a lower hosted price point. The point is that the models are there for SaaS success. Further, Rippe & Kingston offers a particularly intelligent choice for its customers — hosted or self-hosted (so-called "iSaaS" or "internal software as a service"). I expect similar offerings from the providers of traditional software if and when they enter the SaaS market.

The small firm legal SaaS world can most certainly succeed. SaaS vendors should focus on promoting functionality first, while methodically shoring up their services' perceived and/or real weaknesses in the two fundamental areas of platform criticism. Address and end the current stalemate and grow up SaaS — the small firm market is ready for and needs you.

Lawyer Ross L. Kodner is the founder and principal of MicroLaw, a legal technology and law practice management consultancy renowned for its work with small law firms (as well as larger firms and corporate/government legal departments of all sizes). Though based in Milwaukee, MicroLaw serves small firms and other clients around the world. The recipient of many industry awards (including five Technolawyer Awards), Ross speaks at many events and blogs at Ross Ipsa Loquitur, finalist in the ABA's 2008 Blawg 100. If your firm is ready to practice smart and seeks to thrive in spite of these tough times, we suggest you contact Ross.

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 February 22, 2010 in our free SmallLaw newsletter.

I had lunch with a lawyer recently and left wondering if the guy had been raised by wolves. His table manners were abysmal. Seriously, I'm no Emily Post. My elbows sometimes end up on the table. I'm never sure which bread plate is mine. But this guy was ridiculous.

The most basic form of marketing is lunch. You sit down for a meal with a prospective client or referral source. You make small talk and get to know one another. If all goes well, you shake hands and leave with a plan to meet again. Usually, if there's a need for legal services, your lunch will lead to an engagement.

I'm not the only person who thinks about business dining etiquette. I've asked around, and confirmed that you can kill your credibility by eating like an animal. We don't need to have perfect manners. I'm not talking about extending your pinkie over tea or anything. We do, however, need to have the basics under control.

15 Rules of Etiquette For Business Dining

Below I've listed 15 basic etiquette rules that will leave you well fed, credible, and with a reasonable expectation of winning a new client or a referral.

1. Put your napkin in your lap immediately upon sitting down.


2. Your water glass is the one on the right.


3. Wait until everyone has their food before you dig into yours.


4. Don't gesture with your silverware.


5. Don't talk with food in your mouth (even if you hold your hand in front of your mouth).


6. Chew with your mouth closed.


7. Cut only enough food for the next mouthful.


8. Keep your elbows off the table (and remind me to do the same if we're together, okay?).


9. Don't lick your fingers.


10. Don't use a toothpick or apply makeup at the table.


11. Go to the restroom if you get something stuck in your teeth. Deal with it privately.


12. Don't push your plate away or stack up your dishes when you're finished.


13. Don't put your dirty silverware back on the table. When you're finished, put the dirty silverware on your plate in the 10 O'clock position.


14. Don't answer your cell phone during lunch. Don't even put it on the table. Don't check your email either.


15. Don't complain about the restaurant if your guest selected it.

Many other etiquette rules exist. I've only touched on the most basic of basics. You can read any of a number of business etiquette books, which I consider a reasonable investment of your time.

I hired an etiquette coach for my firm on one occasion. The coach took us out for a multi-course lunch at a beautiful restaurant. He walked us through which silver to use, which glasses to use, etc. He did it all in an entertaining manner without offending anyone. It was a good investment.

Maybe you already know these rules. That's great. Maybe you think think they're a waste of your time. Here's the deal — the person sitting on the other side of the table may think they matter. Like it or not, people judge you based on your manners. The last thing you want to do is lose business because you talked with your mouth full.

Pay attention to the basic rules I've mentioned and you'll be well on your way to generating some business. Lunch works. Do it more often and you'll steadily grow your practice. Oh, and one more thing — your bread plate is to your left.

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 January 26, 2010 in our free SmallLaw newsletter.

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

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

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

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


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


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


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


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


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


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


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


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


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

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

Written by Lee Rosen of Divorce Discourse.

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 January 18, 2010 in our free SmallLaw newsletter.

"Why is it that you're always being asked to speak?" That's what one of my family law colleagues asked me the other day. Lawyers ask me that question all the time. I change the subject. I don't want to give away my secrets.

I speak quite a bit. I've spoken at lunch time programs for civic groups for years. I've given keynotes for non-profits at their volunteer appreciation events. I've even spoken at an academic pep rally at a local high school. That's all on top of the attorney and judicial education programs in which I've participated for many years.

But I didn't always get invitations. No, I'm not a party crasher. I don't thrust myself onto the podium. So how do I line up so many speaking gigs? Today I'm going to let you in on my secret.

Just Ask

For a long time I asked (yes — asked) groups if I could speak. I called the person responsible for putting together the program and made my pitch. More often than not, I got the gig. It wasn't hard. I wasn't paid and I had a pretty good story. After all, many groups, like Rotary (which I love, by the way), need to find a speaker each week. They aren't all that selective.

My other secret is that I've rarely given a speech without getting a client. That's ultimately the point, right?

Here's how it usually goes. I speak at the Rotary lunch. I give an entertaining 16 minute talk (1,000 seconds actually — divided into 200 seconds for the introduction, 200 seconds for each of three stories, and 200 seconds for the conclusion). The audience laughs and cries (or at least stays awake). I say goodbye and the next day one of the Rotarians calls for a consultation.

Think about it — they've got to call someone, and at that moment, I'm the only divorce lawyer they know. It's not rocket science.

The Details

So, how do I get the booking? I look through the newspaper or hunt on the Web for listings of local clubs. Dozens of social clubs exist for every type of person imaginable.

I call the contact person and ask for the name and number of the person who handles arranging the speakers.

I call that person and explain that I practice divorce law. I tell them that I love speaking to groups. I've got a program ready to go. It's called the "Myths and Realities of Divorce." I explain that funny and informative — and a crowd pleaser. I tell the booker that it applies to everyone in some way since everyone knows someone getting a divorce. We chat about how divorce is a frequent topic of everyday conversation.

Have some material ready in case the booker wants you to mail or email information. We have a letter and flyer ready to go. More often than not we arrange a date while on that first call.

When the date arrives I'm careful to confirm that we're still on track for the program. I ask about the number of people expected at the meeting. I've spoken to as few as a handful and to as many as 600.

It's nice to have a feel for the audience size before arriving so I can bring the right number of handouts. I usually prepare something short and have a copy for everyone. I want the audience to leave with something that lists my name, phone number and Web site.

I also bring a copy of my written introduction. It's important to have an introduction ready to roll. Don't rely on the club officer to be prepared to introduce you. Make it fool proof. Print it in large type. The person introducing you might be 80 years old with poor vision.

Generally, I arrive early and get a feel for the room. Usually, the group expects me to have lunch with them before the speech. Don't be shocked if you have to pay for your lunch. Be prepared to say the pledge of allegiance. I eat a light lunch quickly and and the program starts around the time dessert is served.

Once I'm introduced, I approach the podium and deliver my remarks. I try to bring as much energy to the room as I can muster. I'm absolutely certain to be finished within 1,000 seconds. Being fast is more important than being great.

Thank everyone as you head for the door.

Usually, I gather some business cards during the event. I write a handwritten note to each person I've met. I usually follow up with some of the interesting people. I also write a note thanking the club officers and the person who planned the event and booked me.

Then I get back to work. If all went well, I can count on the phone to ring.

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 January 11, 2010 in our free SmallLaw newsletter.

Thank you for all the feedback on my series of SmallLaw columns about Adobe Acrobat. Previously, I've discussed how to create deal books, make your PDF files searchable, and archive your Outlook email. This fourth installment focuses on a jaw-dropping function known as "Typewriter."

Does your firm still have one lonely little typewriter? Do your Generation Y lawyers even know what a typewriter is? Why do you still have one? Struggling and tussling with fill-in-the-blank government forms perhaps? Filling in UCC filing statements? Typing up HUD forms for real estate closings? How much time do you waste just trying to find ribbons for that old, absurdly analog beast?

And why do you bother? Probably because you think it would be too involved to spend the time to automate the pre-printed form in Word or in Acrobat. Whatever the reason for dragging out your ancient typewriter to fill in forms, it's not necessary. There's a much better way using Adobe Acrobat's well-hidden and not-nearly-promoted-enough Typewriter function.

How to Make the Switch to Acrobat's Typewriter

Here's the idea in a nutshell. Scan any pre-printed paper form or take any "dumb" form you find online or receive from someone (with "dumb" defined as an inability to have its data fields filled in on-screen). With a PDF version of the form now on-screen, make the file searchable. Re-save the now searchable PDF file. For example, suppose you scan an IRS W9 form to report professional service fees received.

Now comes the PDF magic. In Acrobat Standard, Professional or the less common Professional Extended edition, go to the Tools menu, select Typewriter, and select "Show Typewriter Toolbar." A new toolbar will be added that includes the Typewriter functions:

• A button to turn on the Typewriter function and insert text at any point in your document.


• Buttons to increase or decrease the font size typed.


• Buttons to increase or decrease the line spacing of the typed text.


• A button to change the color of the typed text.


• Pull-down selections to choose fonts and their point size.

To insert text at any point in the document, presumably to "fill in a blank," click the Typewriter button (easily identified for everyone over the age of 40 by a typewriter). Doing so will change your cursor into one that looks more like what ancient Wordstar devotees from the early 80's will remember as their "insertion pointer."

Position the typewriter cursor wherever you want to "type" text onto the document and click. Then type away. The default font, nostalgically, is a Courier-like font that harkens back to the days of the IBM Selectric and the "typewriter look" of yesteryear. You can change it, but initially it's just plain fun to think of your completed form looking as if you had used some clanking old Underwood. When you finish the entry, press ESC and you'll switch off Typewriter mode. Move to the next blank and repeat until your form is fully filled.

Typewriter Tips

You have extensive ability to later modify your entries. You can click on the "typed" text to select it. You can then double-click into the selected text to return to Typewriter mode and edit to your heart's content (no more white-out). If you want to change the appearance of the text, highlight it once you've "double-click selected" it and then choose any of the text appearance change options on the Typewriter toolbar: graduated font size increases/decreases, line spacing to better fit the blanks, color changes, or standard font and point size changes. Click away from the selected text to lock in the changes.

Sometimes you'll need to reposition the "typed" text — placement of the typewriter cursor isn't entirely obvious and can take a bit of practice. To reposition your text, click on it to select the entire typed segment. Then position the "arrow" cursor on the selected text border and drag and drop where needed. For finer repositioning, first zoom into the PDF using the standard Acrobat zoom controls.

When you finish, save the PDF file to lock in your changes, and then distribute away. You'll find endless daily uses for the Acrobat Typewriter. Sometimes it can be as simple as filling in a "date signed" line in a contract after inserting your scanned signature or before inserting your digital signature. Other times, you may use it to fill out a multiple page government agency form.

Old Keystrokes Home

Once you begin using Acrobat's Typewriter tool, one more task awaits you — sending your Brother, IBM Selectric, Olivetti, Royal, Underwood, or whatever typewriter your firms uses to an analog assisted living facility to live out its remaining days.

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 January 4, 2010 in our free SmallLaw newsletter.

Ah, the holidays. The togetherness of Thanksgiving, the childlike glee of Christmas morning, the excitement of New Year's Eve, the self-loathing that washes over you the next morning. Luckily, New Year's Eve is not only a time for reflection and renewal, but a great excuse to drown your regrets in a sea of moderately-priced champagne. Wait a second. Reverse that. Let's take a moment to peer into the future of small law firms in 2010.

1. Social Media Gets Real

Social media has been through the ringer — starting out as the darling of overpaid consultants in January, exposed as hot air by June, and falling short of overheated industry expectations by December. Does this mean social media has had its day among lawyers and will fade back into the shadows from whence it came?

Not exactly. As with all technology trends this decade, social media was shunned, then hyped, and then discarded by lawyers, which means that we can now look at it realistically. Of course you're entitled to have doubts, but when giants like LexisNexis get on board the social media train, as they have with Martindale-Hubbell Connected, you know something serious is happening.

My advice: if this year's novelties are next year's indispensable tools then you'd best learn to be social or suffer the consequences.

2. Legal Media Goes Real Time

Its official — books, newspapers, and magazines are on life support. Once upon a time, the paperless office existed only in large firms that hired large vendors.

Today, small firms and solos can do the same, but why now? Two reasons. First, the price of digital information has fallen mighty close to zero so it is hard to ignore. Second, lawyers want to win every argument. That means having up-to-the second information. Print can't do the job.

Of course you will still read books, magazines, and newspapers next year — unless you've switched to one of the e-readers propagating all over the place — but serious work must be done in real time and that calls for digital content. One more thing — before you know it, failure to use tools such as Twitter feeds and mobile platforms will be tantamount to professional negligence (don't say it can't happen).

3. Real Time Gets Social

You've probably heard of Google Wave, the real time collaboration experiment by Google combining instant messaging, email, online document creation, video conferencing, audio conferencing, file-sharing, and wikis.

With all these features and a pedigree like Google's behind it, you'd think that Wave couldn't miss. But it did. And the reason turned out to be plain old information overload. Most people who tried Wave needed a nap and a cold compress afterwards, leaving the rest of us yelling into a void.

Which reminds us that it takes two to collaborate. In 2010, we will see a variety of more limited, and more successful, experiments with real time collaboration. After all, instant sharing may prove the only way to cope with a world of instant information, and instant collaboration brings that information to life in a way that you just can't accomplish on your own.

4. Content Is No Longer King

Traditionally, law firms were lifelines for their clients, who would surely drown in the complexity of the legal system or be ambushed by obscure legal information without the advice of counsel.

Today, prospective clients are more capable than ever of identifying and resolving their own disputes without the intercession of a lawyer. As legal services continue to unravel, the content sold by lawyers — forms, advice, research, even representation itself — can all be found a la carte, and for less.

Compare us to the publishing industry, which has undergone a similar upheaval. Once the market was robust enough to support a multitude of niche publications. Today, the major publications are barely surviving, and everyone else has gone home.

But what will happen to the brilliant insights, riveting reporting, and killer advice offered by those niche players? Doesn't their unique content make them immune to market forces? For that matter, doesn't our content make us immune?

Since it turns out that nobody has a monopoly on good information, good advice, or good judgment, the answer is "no it doesn't." Law firms can fail too.

5. Outsourcing Gives Way to Insourcing

In a world where the Internet has flattened space and shortened our time to think about nearly everything, location has become nearly irrelevant. Research done in Texas or Hyderabad can be combined with drafts produced in Tennessee or Hong Kong to be presented by an attorney in New York.

Outsourcing is nothing new. However, as costs fall and people overcome their skepticism, this kind of scenario will become increasingly common in 2010. In addition, as communication and collaboration costs fall to zero clients will demand to benefit from the savings (translation: downward pressure on rates).

Every lawyer has heard about "outsourcing" to foreign destinations, but this year more of us will discover that work can be "insourced" to states with higher attorney unemployment. Does it sound like I'm celebrating the misfortune of others? Maybe a little, but at least this way we can keep the jobs from going overseas. Besides, I heard the lawyers in India are asking for competitive wages now. Where do they think they are? America?

6. Everyone Gets Online

While I was going to confine myself to five predictions in this piece, I couldn't help adding a bonus prediction. After 10 years of beating the drum for legal participation on the Internet, I can safely say that those of my colleagues who were ever going to get online will have done so by 2010. If the train hasn't left the station yet for the remaining holdouts, the horn is now blowing and the conductor is closing the doors. All aboard!

One More Thing

SmallLaw's first year was a blast. I want to thank each and every reader for inviting me to rant on their computer screens once a month, I would also like to pay my respects to the editors at TechnoLawyer who put up with so much from me in 2009. I can't promise that 2010 will be any easier, but I will try to only make it slightly harder. Happy New Year everyone.

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 November 23, 2009 in our free SmallLaw newsletter.

I recently caught a rerun of Terry Gilliam's 12 Monkeys, a brilliant film that asks whether people would heed a warning from the future about the future. Apparently the answer is no. In the film, psychiatrists diagnose a messenger from the future as a sociopath and lock him away. There's a message in this movie for small law firms.

If someone told you that everything you took for granted would soon change or be swept away altogether, would you believe them? I didn't think so. Besides, we small firm lawyers are too busy running our offices, connecting with clients, staying current, doing research, keeping pace with technology, and trying in vain to have a personal life to look ahead more than a few years.

When your day revolves around deadlines, to-do items, calendar events, and meetings, you have no choice but to focus on the present at the expense of the future. And if it ain't broke, why fix it anyway? Whether it's a dated piece of hardware, a 10 year-old chair, Windows 95, or a Compaq gathering dust in the corner, the devil we know is better than the devil we don't.

2001: A Web Odyssey

Even those of us wedded to our traditions would probably jump at the chance to make our professional life easier, right? At least that's what I thought when I created a Web site to gather the body of legal information and programs slowly building on the Internet in the late 90's.

In 2001 I introduced eLawCentral at the ABA Tech Show as the first interactive Web portal for lawyers. Back then most people used Yahoo if they were online at all. eLawCentral was built on the theory that as knowledge-workers, lawyers would want to save time and money by using and sharing resources online. Despite some initial curiosity however, interest dropped off fast.

It seemed as if the vast majority of lawyers simply could not figure out how the Web could help them, much less why they should spend time on the site. We limped along for another year but after the dot-com bust in 2001 I closed shop, returned to lawyering full-time, and channeled my enthusiasm back into law practice … for a while.

2004: Kicking It Old School

Despite my efforts to remain focused, by 2004 I was on the lookout for Web innovations again. This time I found blogging. The first blogs I developed were for the bar association committees that I chaired. That year I also began giving seminars about the future of law practice, contributing to discussion groups, and doing whatever I could to share my vision.

What was that vision? Home pages for every lawyer and judge, downloadable decisions with embedded hyperlinks, oral arguments as podcasts, RSS feeds for every courtroom, etc. I saw it all as if those innovations already existed — because most of them did. It's just that nobody wanted to use the tools.

Local attorneys who read my blogs were tepid about the suggestions at first, and then declared angrily that they had gotten by fine without the Internet, and eventually stopped reading my posts altogether. But the more they ignored my warnings the more emphatic and provocative my writing became. Ultimately, it was no use. Lawyers circa 2004 had not acclimated to the Internet and nothing could change that but time.

As for the judges, they were not as polite. The bench was openly hostile to the Internet and considered it a source of misinformation, depravity, or worse. Maybe they resented having to learn how to use a computer, preferring to thumb through books in a library, or did not care whether they had all pertinent information before reaching a decision. Maybe they were simply creatures of habit.

Whatever the reason, I got the message loud and clear at the annual bench-bar conference in 2004. As I stood before the gathered judges and bar leaders I reeled off the reasons why they should incorporate the Web into their research, embed hyperlinks in their opinions, create homepages with RSS feeds, publish their decisions online, and all the rest of it. I was shouted down before I got to the end of my speech, but it was probably for the best. The court was no more prepared to accept the future than my peers.

2005: Pinging Me Softly

By 2005 the legal Web was showing signs of developing real traction. For several years, lawyer-bloggers like Dennis Kennedy and Bob Ambrogi, as well as lawyer-entrepreneurs like Tim Stanley and Richard Granat, had demonstrated that technology could liberate consumers of legal services (including lawyers and judges).

By then the Web had become integral to my practice. In the decade since law school it had enabled me to leverage information, compete with better-funded rivals, establish a virtual office, secure bigger clients, and work with people from around the country. The forces in motion by then would inevitably change the profession whether that change was welcomed or not.

Most of the innovations brought about by the Web involved sharing information. Large firms eclipsed small firms in the adoption of these technologies, perhaps at the behest of their clients. Only now, five years later, have small firms begun to catch up.

Back to the (Future) Drawing Board

So what about the future? Frankly I'm not sure. I don't live there anymore. I decided that being timely was better than being ahead of my time — or at least less bruising to my ego. But I'm hopeful.

Although the profession took its sweet time incorporating the Internet, it seems to be making up for lost time. Scarcely a day goes by that I don't find another innovation designed for lawyers: Basecamp, Bill4Time, Clio, DocStoc, JDSupra, LegalMatch, etc. The Web has become a commodity like electricity and running water.

The biggest surge of creativity in this space may lie ahead of us. Maybe the End of Lawyers isn't around the corner after all. But given my experiences, I refuse to make any predictions. Instead, I'll get back to you in a few years.

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 December 7, 2009 in our free SmallLaw newsletter.

Another SmallLaw column, another Acrobat tip. Below you'll learn how to transform a piece of paper into a fully searchable, text-based PDF file. You can then search through these files using any desktop search software, litigation review software, or document management system, including many practice management systems with DMS capabilities. Also, you can copy and paste text from these documents into any other application. Both of these functions rely on OCR — optical character recognition.

Acrobat's Succeeds Through a Less Is More Approach …

The process of OCRing documents is hardly a new concept, yet it remains one dreaded by most legal staffers, often requiring a lot of manual labor. Even today, in an era of significant hardware horsepower and versions of OCR software well into the "teens," results are often mixed — after an aggravatingly slow process.

The reason is simple — recognizing the text itself isn't especially technically challenging any longer — all OCR products handle this function with aplomb. But the process of recognizing all those little black marks on a page and then having to create a Word document that matches the layout and formatting of the source document remains elusive.

Since version 7, Acrobat has included built-in text recognition. Acrobat is much more efficient than dedicated OCR software. It only needs to recognize text — the easier part of the equation. Acrobat recognizes the text, and then stores a list of words in an index "beneath" the visual surface layer of the PDF file. This indexed word list is then accessible and searchable by desktop search and document management tools. Acrobat isn't encumbered with the task of creating a word processing file so the process is faster and yields copy-able and paste-able text, ready to insert into any other application. After all, most of the time, the need is limited to leveraging the text from the source document, not the formatting.

When scanning paper, the resulting PDF is an "image": essentially a digital photograph of the source paper. There is no useable or selectable text in an image PDF. Some scanning software has the ability to both scan and convert documents into searchable PDF files in a single step. In most situations, however, this approach isn't desirable, at least when applied to every document. The reason is efficiency — conversion of an image PDF takes much more time than merely scanning to an image PDF format. The better approach is to individually select the PDFs you wish to make searchable, on an as-needed, ad hoc basis.

Acrobat Standard and Professional Edition convert image PDF files to searchable versions one document at a time. Both Acrobat Standard and Professional Edition have the ability to make batches of PDFs searchable — via selection of multiple documents within a folder or entire folders. The latter approach might seem appealing, but the process can be so time-consuming that a you may lose functionality of your PC for hours. There are better approaches to batch conversion discussed below.

How to Make Scans Searchable in Acrobat 9 …

The process of searchable PDF conversion in Acrobat 9 Standard or Pro is as follows:

1. Scan the paper document or open an existing PDF.


2. Go to the Document menu and select "OCR Text Recognition," and then "Recognize Text Using OCR" from the submenu.


3. From the Recognize Text dialog box, the option for "All Pages" is the default — click OK to start the process.


4. A progress indicator will appear in the bottom right corner of the Acrobat display, showing the conversion of each page into searchable format.


5. When the progress indicator disappears, the process is complete — just remember to re-save your PDF files.


6. The file is now a searchable, or in AdobeSpeak, an "accessible" PDF — ready for you to highlight and select text that can be copied/pasted, or ready to have its text found in a variety of different types of text searches.

To convert a batch of files, the process is similar, with the variation as follows:

1. Instead of selecting Recognize Text Using OCR from the OCR Text Recognition menu, instead select "Recognize Text in Multiple Files Using OCR."


2. From the "Paper Capture Multiple Files" dialogue box, click the "Add Files" button and select the option to either Add Files or Add (entire) Folders.


3. Navigate to the files or folders desired and they'll be added to the batch for processing.


4. Click OK and then wait for the batch to complete. Acrobat will automatically save the newly searchable files.

A third party product called Autobahn DX from the UK-based company Aquaforest can streamline the batch searchable conversion process considerably. With Autobahn DX installed on a Windows Server, the network version of the software can run automatically at scheduled times. The program will identify all image PDF files in the designated folders and convert them to searchable PDFs — without tying up anyone's PC or wasting a staffer's valuable time. While not inexpensive at $2,999 (including 12 months of software maintenance and support), many small firms have found the cost reasonable versus the value of staff time otherwise wasted baby-sitting Acrobat's resource-hungry, workstation-based batch conversion process.

The Bottom Line …

Searchable PDF files are infinitely more useful in the daily grind of law practice than mere image PDF files. Whether converting files individually or in batches, searchability and copy-ability open up a broad range of text-handling opportunities you would otherwise miss.

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 November 30, 2009 in our free SmallLaw newsletter.

I often refer to Acrobat Pro as a "legal document operating system." Acrobat initially gained widespread acceptance because of its ability to create PDF files (especially secure PDF files that resist attempts at alteration), but Acrobat's seemingly endless laundry list of functions is nothing short of mind-boggling. Take PDF Portfolios for example.

Another Type of eBook …

You've heard about eBook readers like the Kindle. Adobe Acrobat's Packages (versions 7 and 8) and Portfolios (version 9) enable you to create a different type of eBook — the electronic version of a GBC- or spiral-bound binder combining multiple documents into a single consolidated file.

Much in the manner in which your office might create paper-based binders for everything from settlement agreements to estate plans to pleading indices, you can use Portfolios to create electronic counterparts in Acrobat.

The net result of building a PDF Portfolio in Acrobat is a single PDF file that contains multiple documents. All the documents contained therein are one-click navigable via an Acrobat "bookmark" list. The documents contained within the "electronic three ring binder" are listed by document title. What you can do with Portfolios limited solely by your imagination.

How to Create a PDF Portfolio …

When in Acrobat, the most direct way to initiate creation of a PDF Portfolio is to select File | Combine | Merge Files into a Single PDF.

You'll see a "Combine Files" dialog box. Click the "Add Files" button in the upper left corner, and then either select Add Files or Add Folders. You can select individual files spanning multiple folders or add entire folders (meaning you'd need to stage the contents of entire folders so they only contain those files you wish to include in your Portfolio).

Once you've selected what you want to include, you can change the order of the files by selecting any file listed and clicking either the "Move Down" or "Move Up" buttons.

Note that you can include non-PDF files such as Word documents. Don't forget to check the box under the Options button (bottom left corner of the dialog box) to "Convert All Files to PDF When Creating a Portfolio."

You can specify the file size by selecting one of the three size icons located at the bottom right corner of the dialog box — "Small" (for more efficient loading/downloading if placed on a Web site), "Default" (the option to use virtually all the time) and "Large" (higher resolution to aid in digital production of brochures, newsletters, and general desktop publishing use).

When you have the files in the order you want them to appear in the PDF Portfolio, press the button that says "Combine Files." Once the progress meter churns through all the included files, you'll be prompted to save the PDF Portfolio, navigating to a folder and naming the file. Once saved, your new electronic binder will appear on screen in Acrobat.

To display the bookmark list that for navigating through the included documents, either select View | Navigation Panels | Bookmarks, or click the Bookmark icon on the far left side of the Acrobat program display. You can then click on any of the linked document titles to go directly to that particular file.

Advanced PDF Portfolio Settings …

Let's explore some clever ways to add some visual polish and more detail to the file — with the focus being maximizing the visual impression left on the viewer.

1. Control the View Your Reader Sees Upon Opening Your PDF Portfolio

You can do this by selecting File | Properties (or Ctrl-D). Then click the Initial View tab from the Document Properties dialog box. Under Navigation Tab, pull down the list and select Bookmarks Panel and Page, which will ensure that the bookmark list to navigate your file will always display.

You may also want to pull down the Magnification list and select Fit Page, which will show the viewer the full page view of the document (which they can always adjust using Acrobat's Zoom functions if needed). Click OK when done and re-save the file so you don't lose your changes.

2. Take Credit for Your Work and Add Contact and Copyright Information in Your PDF Portfolio

While in the Document Properties dialog box, click the Description tab. You can modify the document's title, adjust the author information (i.e. adding your full contact information, including telephone and email addresses), the subject, and any keywords with which you can describe the document, explain how the viewer can get their questions answered and, if applicable, provide copyright attribution.

3. Put Your PDF Portfolio on a Diet

Acrobat Pro's PDF Optimizer can compress PDF Portfolios (or any PDF file) by as much as 75%, considerably reducing the size of files that you might send via email. Go to Advanced | PDF Optimizer, click OK, and save the file. When done, re-save your newly compacted file. If you want to get a sense of a before/after size indication, look at the Document | Properties first — on the Description tab, you'll see the file size listed. Check it before and after optimization. The more graphics embedded in the file, the greater the file compression you can expect.

Conclusion

PDF Portfolios are extraordinarily useful. Use them for client closing books, human resources documentation, manuals, and much more. Portfolio away!

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.