TechnoLawyer: SmallLaw

Originally published on November 16, 2009 in our free SmallLaw newsletter.

TechnoLawyer asked me to reflect on a year of blogging about law firm management, and choose my top five tips for small firms. You'll find them below. Please reply if you have employed any of these suggestions in 2009, or if you have tips of your own to share.

Know the Source of Your Best Clients

Instead of making assumptions about where your clients come from, keep track of the statistics and take the time to think about your ideal client and how your existing clients compare with that ideal. Determine who refers business to you, and whether they refer the business you want. Armed with this information, you can improve your marketing and business development efforts.

See Do You Know Where Your Clients Come From?

Make It Easy for Clients to Hire You

Law is a profession, but lawyers must still think like businesspeople and act strategically to attract the right clients. Make it easy for your clients to hire you. Publish useful legal information so that prospective clients can find you. Don't forget to list your contact information.

Nowadays, you can share your knowledge using low cost platforms such as blogs, microblogs (e.g., Twitter), and online videos (see YouLaw for tips). Also directing readers to additional information on the same topic may send them away momentarily, but they'll remember the source.

See How Easy Is it to Hire You?

Manage Email Effectively

To be productive, you need to manage the daily deluge of email. First, eliminate unnecessary email. Enter appointments into your planner/calendar immediately and delete the email. Drag and drop email into your calendar to preserve the details.

Purge alerts, advertisements, and newsletters from your inbox. If you haven't read it after a week, delete it or save it to a designated folder. When you need the information, use desktop search programs to locate it.

Unless you frequently receive urgent email don't review your email first thing in the morning or review it constantly throughout the day. Create folders and set up rules and filters to automatically route email to the correct folder.

See Email Management Tips for Lawyers

Consider Practice and Document Management Software

Practice management and document management software provide many advantages for solo and small firm lawyers. Document management software enables you to categorize and easily search for and retrieve documents.

Practice management software can link clients, matters, and documents, making file review and client communication easier. Practice management software also is a huge time saver when a client's information changes — change it once, in one location, and it's done.

Practice management programs integrated with time and billing programs can help you create and assemble documents with oft-used information and can help you track and bill your time for those activities as they're being performed.

Must you buy these tools? Probably not, but the productivity and efficiency you gain make them a worthwhile investment.

See Do Lawyers Really Need Practice Management Software?

Prevent Client Dissatisfaction

All lawyers encounter difficult clients and scenarios. Conflicts with clients often arise because clients feel you don't understand their point of view. To you, it may be just another case. But to the client, it's their life or livelihood.

Mirror the client's concerns. After the client explains the issue, reflect it back to them so that the client knows you're listening, and and that you understand the issues.

Confrontations can also arise when the unexpected occurs. You can prevent difficult client situations through preparation and by setting boundaries at the outset of the engagement.

See Effectively Dealing With Difficult Client Situations

Written by Allison C. Shields, Esq. of Legal Ease Consulting.

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

Originally published on November 9, 2009 in our free SmallLaw newsletter.

The June 22, 2009 issue of BlawgWorld featured an article by Jay Shepherd entitled What if the Apple Store Billed by the Hour?

Shepherd notes that the personal attention he received on his visit to the Apple Store may not have maximized revenue per employee or customer (traditional retail measurements), but it made an indelible and lasting impression on him. He also laments that law firms do not use this far-sighted business model — presumably because they are preoccupied with making a gain on every activity with every Client, regardless of the long-term effects of doing so.

Are lawyers really so profit-driven, short-sighted, and incapable of delivering customer service? Below I've compared three hallmarks of the Apple experience with that of law firms. It isn't pretty, but there's hope.

1. Customer Service As a Sales Tool

Contrast the typical experience of being in an Apple Store with the process of finding, vetting, hiring, and working with a lawyer.

To begin with, Apple stores are laid out in a clean, well-lit, orderly fashion. The goods are displayed on inviting tables with clear indications of what costs what. No hidden fees. And you can try anything you like without being mobbed by store employees.

If you need help, Apple salespeople are available and clearly identifiable by their brightly colored t-shirts and badges. These salespeople work on a modified salary basis instead of commission so their body language is entirely different than that of a typical salesperson hell-bent on hitting their numbers at your expense. Compensation depends not just on sales but customer retention and satisfaction, so Apple salespeople can spend time talking about what you want to know instead of hyping the peripheral du jour. In fact most of the time Apple salespeople appear to be answering questions instead of pushing product.

By contrast, finding a lawyer, much less working with one, can prove stressful. Few people know that County Bar associations maintain lawyer referral services, so most just ask around, call out of the Yellow Pages, or search the Internet. Yet despite attempts by Web sites such as Avvo to bring some transparency to this process, prospective clients are still at a disadvantage in attempting to determine whether a lawyer will be a good fit. Some people who find a lawyer they can afford, at least initially, eventually find the relationship characterized by frustration, disappointment, and lack of communication.

Does this scenario play out at your firm? Before answering, ask yourself:

1. Does every prospect call receive the same level of attention?


2. Do we call prospects and clients back within 24 hours? 48 hours?


3. Do my clients see me as a problem solver or as a salesperson?


4. Do clients recommend my services to their friends and family?


5. Would I sacrifice or partially refund fees to maintain goodwill?


6. Do I educate clients about their case? Do I answer all questions?

2. It Just Works

The charms of the Apple Store aside, what lingers is the way you feel about the product you buy. Apple's customer satisfaction numbers are legendary. Do people pay a premium for Apple-branded computers and mobile phones because they offer the most features or best bang for the buck?

No. But Apple customers like me remain loyal and even a bit zealous. Why? Because we feel like we receive value for our money, and because Apple's products do what you need them to do when you need them to do it. Sounds like a small claim but it's not. Anyone who has lived through a Windows-induced crash will tell you that.

To me, the secret of Apple's success is not technical excellence but rather reliability and ease of use. That kind of reputation attracts attention, which begets creative users, which begets applications for the Apple platform, leading to other users, and so on.

For example, after my first experience with the Mac in college, I scarcely touched one again for nearly 20 years until my wife said she was sick of her Dell laptop and I suggested that she take a look at a MacBook. She bought her MacBook in January 2007. Today everyone in my household uses a Mac of some sort and of course iPods and iPhone. Ditto for my parents, siblings, in-laws, etc. And so on.

Are we all Mac snobs? Do we have lots of disposable cash? Hardly. It's just that we need our computers and phones to perform reliably, integrate with one another, and feel comfortable. Good looks were a plus.

Does your firm enjoy such loyalty? Ask yourself:

1. Does my practice inspire followers or detractors among clients?


2. Do clients boast about working with me or complain about me?


3. Do clients complain about how much they paid to work with me?


4. Do clients brag about how much they got out of the relationship?


5. Do I have to emphasize pricing or value to get a prospect's business?

Use Plain English and Manage Expectations

Apple did not invent personal computing. Instead, it took an activity engaged in by hobbyists and made it accessible to non-techies on a wide scale. While a freshman at the University of Chicago I got the opportunity to critique instructions for a technical product based on readability. That was my first direct experience with the value of making the complex simple. I still try to do that today, explaining what I am about do for clients as often as possible (unless I see their eyes glaze over).

People don't need to know how laws or sausages are made, but it's good to deliver that information in a manageable form like plain English. Apple learned this lesson from its very inception, but lawyers around the country still struggle with it.

I have come to see this ability as the central job of a lawyer — you cannot always control the outcome of a case, but you can explain what is about to happen and prepare your client for the possible outcomes. Or be prepared to fall on your sword. If Steve Jobs reads this column, I'm sure he would agree.

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 October 26, 2009 in our free SmallLaw newsletter.

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

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

1. Does It All Connect?

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

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

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

2. Automate Your Time Entry

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

3. Save and Make Money With Your Smartphone

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

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

4. The Backup of Last Resort

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

5. Get the Right Training

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

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

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

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

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

Written by Ross Kodner of MicroLaw.

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 October 19, 2009 in our free SmallLaw newsletter.

The iPhone, BlackBerry, Palm Pre, and other smartphones have conquered the legal world. Originally embraced by salespeople, adoption among lawyers has skyrocketed in recent years. In fact, the iPhone has emerged as the new attorney status symbol — even though it's not really targeted at the enterprise market. (Some iPhone-toting lawyers I know don't even know how to use their iPhone for email.) Given this smartphone ubiquity, I knew it was time to get rid of mine. Yes, you read that right.

I deactivated my well-used BlackBerry 8703e, and "upgraded" my Verizon data plan to a MiFi 2200, officially called the "MiFi 2200 Intelligent Mobile Hotspot." Developed by Novatel, the MiFi 2200 is about the size of a credit card though thicker. It provides simultaneous Internet access to five computers — without having to be plugged into any of them. Your computer (invariably a notebook or a netbook) connects to the MiFi 2200 using WiFi (802.11g or 802.11n) over Verizon's cellular network (Sprint also offers the MiFi).

The technical specifications and reviews of the MiFi 2200 are well chronicled elsewhere. From a small firm perspective, how does the MiFi facilitate our work, as compared to other alternatives?

A Small Firm Lawyer's Perspective on the MiFi

I am no longer instantly accessible to everyone who sends me an email. This is a good thing. In the past, I checked my email on the BlackBerry all the time, even when I was (Shock! Horrors!) sitting in a courtroom. But I could almost never provide a complete response, because I invariably needed information that the BlackBerry could not access. The BlackBerry would only add items to my "to do" list, not remove them.

Now, I tote my notebook computer almost everywhere during the business day, and when I sit down wherever I might be, fire up the notebook, I have everything available, courtesy of our shared Exchange account (Outlook) and a LogMeIn Hamachi VPN or LogMeIn Pro remote access (for documents and everything else). Moreover, everything coming in or going out of my office winds up in a PDF file, so I don't even need to carry physical files.

The connection speed is slower than your wired network, and even slower than an office wireless network or other WiFi hotspots (many courthouses in New Jersey have public WiFi), but the 3G (third generation) cellular access is faster than you may think. Take care of any heavy downloading when connected to a "real" network.

A USB modem, PC Card or netbook or notebook with an embedded cellular modem offers the same functionality, but the MiFi 2200 is more convenient since you can share it among multiple computers just like a wireless router, and because you can start it and slip it in your pocket or briefcase rather than inserting it in your notebook computer every time. It's also helpful if you own a WiFi-equipped PDA such as Apple's iPod touch, or even if you own a WiFi-equipped smartphone and find yourself in a location where Verizon (or Sprint) offers better service.

The Cost and Other Factors

The monthly cost for the 5 GB data plan (a lot of data as long as you are not watching videos) is approximately $60 right now. The MiFi 2200 with a contract costs approximately $100. While the plan costs a little bit more than the data-only plan for my BlackBerry, I no longer pay the $10 monthly fee for the BlackBerry Enterprise Server (BES) charged by my shared Exchange provider, so the price is a wash. Sprint's pricing is similar.

I don't have clients or partners who require a 30-second response time. With the MiFi 2200, my laptop, and our firm's VPN, remote terminal access, and shared Exchange system, I can check in evenings and weekends, at home or any other place. During business hours, I am never more than three hours away from being able to check my email even if I am in court all day.

If I can make a cellular phone call, I can use the MiFi 2200. For, me, and I suspect for many small firm lawyers, this setup provides an alternative that no smartphone — not even the iPhone — can touch.

Written by Edward Zohn of Zohn & Zohn, LLP.

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

Originally published on October 12, 2009 in our free SmallLaw newsletter.

My editor at TechnoLawyer suggested I write a SmallLaw column with a positive "Yes We Can" theme. Let's see:

With the economy in the toilet and legal jobs nonexistent, is it any wonder that a growing number of unemployed lawyers have lost hope? More than ever, the promise of a fulfilling legal career seems remote.

Even talented lawyers find themselves scouring help wanted ads, trolling bar association meetings, or feigning interest in one another's lives on Facebook just to make contacts.

But thanks to the rising number of not-for-profit companies now there is hope. Thoughtful lawyers are taking advantage of prolonged periods of unemployment to reassess their goals and consider work that offers not just sustenance but inspiration. These giving individuals are willing to volunteer their time or take low-paying positions for the good of the community.

There's just one problem — large firm partners pushed out of their firms with a golden parachute are lobbying for prime non-profit jobs and getting them as a stepping stone to their next position or a show of social conscience. As a result, associates and solos are out of luck, just like before the recession.

Okay, That Didn't Turn Out as Inspirational as I Had Hoped

Let's try a different approach:

Many recent graduates, unemployed associates, and displaced mid-level lawyers, are concerned about what they read in the press. But there's no need to worry. The legal job market is simply experiencing a long-overdue correction. Once the excesses of the last decade work themselves out, legal hiring practices will return to normal and America's law firms will be healthier than ever.

For example, since late 1990s, salaries at AmLaw 100 firms have spiraled out of control. During the same period, corporate America has grappled with two recessions, a fiscal crisis, relentless outsourcing, and the crushing effect of globalization on its bottom line.

Because large firms depend on its clients' ability to pay without regard to the outcome of the case, the value rendered by the firm, or the logic of paying $1,000 per hour, these excesses didn't register until all the money was gone, leaving companies to explain to shareholders why they allowed lawyers to charge $700 dinners against bottomless expense accounts. But as companies return to profitability, global law firms will return to business as usual. Experts agree it could happen in as little as three more years.

No, That's Still Not the Right Tone

Maybe it's not what I'm saying but the way I'm saying it.

There's no magic formula for practicing law, and no magic at all in being a small firm attorney. It has always been about hard work and sacrifice. But today we have a chance to eat the lunch of our large firm counterparts. Why? Because people need lawyers more than ever. It's just that they have less ability to pay.

We small firm managing partners must meet our target market half-way. Squeeze out all the productivity and efficiency, and when possible reduce fees — if only temporarily — to acknowledge the reality of our times. This strategy requires keeping costs low, reevaluating spending and hiring choices, outsourcing as many nonessential functions as possible (without sacrificing quality), and most of all ridding ourselves of distractions so we can focus on practicing law.

Start with these three steps:

1. Jettison Excess Overhead

When in doubt, rent. Rent equipment, rent space, outsource tasks, employ independent contractors, whatever. And the shorter the term of that relationship, the better. Unless you host clients on a regular basis, why buy the image? If anyone asks, tell them that you'll pass the savings onto them.

2. Manage Your Practice on the Web

Put your practice on the Web using a secure SaaS provider such as Clio and get back to business. After that, think about using online marketing tools, many of which cost nothing but your time.

3. Buy What you Need

You will be assaulted by smooth talking sales types who push you to buy more than you need. Your defense? Don't shop alone. Run decisions by someone who won't be dazzled. Whether it's litigation software or an Internet connection, get consensus up-front. For example, I decide what we need at the office, but my wife tells me what we can afford. That's a working relationship.

United We Stand, but Is Division Our Destiny?

With the economy in free-fall, now is not the time to be divisive. Solos and small firms should cooperate to ensure mutual benefit. If my SmallLaw columns sometimes appear critical of my fellow small firm attorneys it's not from a lack of respect. Quite the opposite. I'm just as hard on myself because I know we can all do better.

And more than that — I know the legal market belongs to small firms and sole practitioners. If only we could see that. We don't need phony volunteerism, bar association politics, or more overgrown law firms. We simply need to communicate and share our best practices with one another. But I fear that may never happen. And I think that's a shame.

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 September 28, 2009 in our free SmallLaw newsletter.

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

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

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

2. The Rise of BigSolos

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

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

3. Software as a Service Makes Serious Inroads

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

4. Twittering Will Eclipse Blawging for Small Firm Marketing

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

5. Windows Vista Will Quietly Disappear From the Scene

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

6. Netbooks Will Replace Ultralight Laptops in Small Firms

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

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

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

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

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

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

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

10. Interest in CLE on Legal Technology Will Increase

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

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

Not Too Shabby

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

Written by Ross Kodner of MicroLaw.

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

Originally published on September 21, 2009 in our free SmallLaw newsletter.

In 1993 Best Case Bankruptcy represented the vanguard of practice automation. Best Case promised users would make fewer mistakes, save time, and prepare complex bankruptcy documents without having to become "specialists." Then Best Case upped the ante and introduced a knockout punch — as courts across the nation began mandating electronic practice in about 2003, the company rolled out its "one-touch electronic filing" feature. For a time Best Case had the e-filing field to itself. Good times.

Meeting (But Not Exceeding) Market Expectations

To give credit where credit is due, Best Case Bankruptcy enabled a generation of software-savvy lawyers and their staffs to serve more clients than ever, and to do so without breaking the bank. That made Best Case a pioneer and the sales leader. With a huge installed-base, the company enjoyed Microsoft-like market dominance among bankruptcy practitioners even as competitors mimicked everything from its menus, prompts, calculators, and user-interface to its once-exclusive e-filing features.

But that was then. Over the past 5-6 years, the competition has become more adept at keeping up with the leader, many even exceeding the Best Case Bankruptcy feature set. Several offer bankruptcy preparation products that have fewer features, but at a lower price, hoping users upgrade to a more robust version of that product later.

Interestingly, Best Case does not appear to see other products as a threat. Take for example the fact that Best Case charges more than others for licenses and annual "support" (according to my unscientific survey). Best Case maintains that its product is more feature-laden (including I suppose features that not every user needs). And there's no disputing that it remains the market leader.

However, thanks to the Great Recession, small firms considering bankruptcy preparation software may wonder why they should pay more than they would for a competitive product to do virtually the same thing. At the end of the day, we're all working with the same bankruptcy courts right? So what makes Best Case Solutions the "best"?

With these questions in mind I took a close look at Best Case Bankruptcy V. 18.

New and Improved? Yes and No

By way of full disclosure, I've been using a bankruptcy automation solution other than Best Case Bankruptcy for about five years. But after many, many solicitations in the mail, by phone, by email, and at various seminars and events, I decided to try the market leader.

I used Best Case Bankruptcy to prepare and "file" a demo case. The product worked well, but as a practitioner who has enjoyed the benefits of automation since 2003, I was not all that impressed either. It's not that Best Case doesn't live up to its claims. It boasts a fairly intuitive menu-driven interface, an online intake interview that prospects fill out before they even step into your office, and the crucial ability to import and cross-check user-inputs against third-party information such as credit reports and credit counseling certification, among others.

So if you'd never used a piece of bankruptcy automation software I believe you would jump at the chance to fork over the roughly $1,050 for the Chapter 7 & 13 package, and an additional $700 or so in annual support fees. No doubt the product would pay for itself within a few uses. (The Chapter 7 package costs $850, and the Chapters 7, 11, and 13 package costs $1,250.)

But I wasn't a newbie and what I saw and experienced did not represent a quantum leap. Instead I saw a Buick being spruced up for the new buying season with whitewalls and a pair of tasty tail-fins. So while Best Case improved on its last version by enhancing compatibility with the latest browsers (IE 8), word-processing software (WordPerfect X4), and Federal Case-Management and Electronic Case Filing (CM/ECF) systems, as well as by updating the ability of the software to handle some of the more exotic forms such as the Chapter 11 Plan of Reorganization or Disclosure Statement in a "Small Business" case, the backbone of the software remains largely untouched. Even the interface says "1998."

My Best Advice

If your practice is national (or at least covers multiple states) and consists of both consumer (Chapters 7 and 13) and business bankruptcy (Chapter 11), Best Case Bankruptcy is the way to go. But other small law firms should look for slimmer, less pricey solutions.

Oh, and one last thing — would someone please develop a Clio-like Web-based bankruptcy solution priced on a monthly subscription basis. The day I find that solution my checkbook will open up faster than you can say best case scenario.

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 September 14, 2009 in our free SmallLaw newsletter.

Some of you might remember The Perils of Solo Practice, my SmallLaw column about the departure of my long-time Associate Attorney and the harsh realities of practicing alone for the first time in 10 years. The piece chronicled the disappointment and frustration I felt running through over a dozen subpar employees over the next 18 months while fending off stomach-churning instability and fighting to regain focus.

At the end of the piece I concluded that despite the problems inherent in growth and even working with a partner, remaining solo was a losing proposition. Being solo runs headlong into human limitations like sleep (not enough), work (too much), and money (not nearly enough). Not exactly a controversial conclusion. Except that it was, judging by reactions in TechnoLawyer's Fat Friday newsletter, on the ABA's Solo Sez bulletin board, posts on Twitter and around the blawgosphere, and personal messages emailed directly to me.

The Controversy

Many comments took issue with the observation that, as a solo, I felt overworked, underpaid, and continuously exhausted — something I wagered that other solos were going through as well. A number of messages theorized that I was projecting, because I was lazy and unprepared myself. Others insisted the piece was a spoof. But the majority of comments had little to do with the article. Instead they described fulfilling solo practices and comfortable lifestyles. Apparently being solo was the most preferable way to practice, if only I understood.

A House Divided

At first I was surprised by these reactions. But after looking more carefully I realized that the responses pretty much broke down along generational lines among Baby Boomers, Gen-X, and Gen-Y much the same way that the profession has resolved itself over the last decade into distinct camps. The overall picture looks like this:

Age Group: Boomers
% of Lawyers: Highest
Key Technology: Email, BlackBerry
Key Online App: AOL
Status: Highest
Collaboration: Lowest

Age Group: Gen-X
% of Lawyers: Middle
Key Technology: Web 2.0 (SaaS)
Key Online App: Blogs
Status: Middle
Collaboration: Middle

Age Group: Gen-Y
% of Lawyers: Lowest
Key Technology: Social Networks
Key Online App: Facebook
Status: Lowest
Collaboration: Highest

Gen-X lawyers, by and large, agreed with my conclusions. Some offered to help. Some were gratified to know they were not alone. Ultimately their comments reflected the same frustration that I felt.

Gen-Y lawyers had no opinion, or at least they didn't share any. Of course many law school graduates didn't pass the bar until last month and older members of the group were probably too busy looking in vain for work.

Boomers however, led the charge against the article. One well-known blogger called it "completely useless." High praise indeed.

Statistically, most sole practitioners are Boomers and most Boomers are sole practitioners. So why did my piece strike such a nerve? Boomer sole practitioners should agree with me. Could it be that despite riding the profession's economic peak in the 80's and 90's, dominating the bench, ruling the lives of law students and associates, deciding what is legal and ethical, and setting the cultural agenda for decades, Boomers are insecure and defensive? That would explain a lot …

What It Might Mean

Look at it this way, a 50-ish sole practitioner or small firm attorney has made their mark, bought their home, taken their vacations, raised their kids, and established stable relationships with clients. They've outlasted the skeptics, learned the tricks of the trade, and have become comfortable with themselves. In short, Boomers are at the peak of their careers and may even have crossed the threshold into retirement. Who could complain about being his or her own boss under those circumstances? And who in that group would have the least bit of empathy for someone still trying to get the balance right?

By contrast however, if you entered the profession in the 90's or later you've never known true income security, have no idea what the future holds, haven't had time to think of retirement, and may have been wiped out financially twice by now — the first time in stocks and the second time in real estate. Not only that, but a student-loan nut the size of a mortgage shadows your every move. For members of Gen-X it's fair to say the profession hasn't been what it was cracked up to be.

Finally, I'm not sure it even makes sense to talk about Gen-Y sole practitioners because for the most part they've simply left the profession or hung out a shingle under protest. They are terrified of going solo, but with jobs scarce and the Internet commoditizing law practice, what choice do they have? The End of Lawyers indeed — thank you very much Richard Susskind.

I'm Sorry … So Sorry

Granted, when I'm under pressure this column can sound a little strident. Since I was feeling pressed earlier this year when I wrote my controversial piece, it was bound to come off as aggressive. And I'm not afraid to say I'm sorry to everyone who thought it was an insult to their cushy way of life.

I apologize for publicly revealing the truth. But it was the truth after all. It wasn't an exaggeration and the points made in the piece remain valid. Want proof? Today I again employ an Associate Attorney, a Paralegal, and an Office Manager. My Associate is great at keeping the small stuff from overwhelming me, my Paralegal works wonders with billing, and my Office Manager keeps the whole setup humming so I can write these little vignettes. In short, everybody's happy. Who says that practicing solo is the way to go? Not me.

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 August 31, 2009 in our free SmallLaw newsletter.

"May you live in interesting times." Thanks Confucius, we now get it. As we approach a full year of living in a tanked economy, the old rules no longer seem to apply to this new legal world. The ABA Journal recently reported that 39% of 14,000 lawyers polled said they expected layoffs at their firm in 2009. Nearly 20% of the respondents expected to lose their own job. Welcome to the new normal.

How Good Lawyers Survive Bad Times

After decades of lawyers calling the shots, everything has changed. But not necessarily for the worse. Open-minded small law firms that welcome change and equate "challenges" with "opportunities" may experience a renaissance of sorts provided they know the answer to this question: How can good lawyers survive bad times?

Hot off the press, the ABA Law Practice Management Section's new book, How Good Lawyers Survive Bad Times, is here to help. Co-authored by yours truly, along with noted legal technology and law practice management sages, Sharon Nelson and Jim Calloway, the book offers immediately usable and practical tips to help lawyers not just survive, but thrive by leveraging street smarts, positive thinking, decisive action, and creative solutions.

How Good Lawyers Survive Bad Times consists of three parts: (1) how to keep your job, find a new one, or start your own firm; (2) how to manage and market your firm in a down economy, and (3) how to practice more efficiently with the help of technology. Below you'll find five excerpts.*

Practice and Financial Management

It's Your Money — Watch for Trouble

Reviewing your internal financial reports regularly is an important part of maintaining the firm's profitability in tough economic times. Monthly reviews of your financial reports may no longer be sufficient. Many firms will be well advised to switch to either weekly or bi-weekly review. You would never allow a client to operate a business without checking their inventory, bank balances and financial statements very regularly. Why would your law firm have any lesser standard?

Renegotiate Everything

We can't stress enough — renegotiate your current contracts. You might be amazed at how eager they are to keep your business. This has worked with credit card companies, security services, telephone providers, furniture stores, and the list goes on and on. There is never any harm in asking. Take a look at the major vendors you're paying on a regular basis. Many of them are well aware that you are now doing comparison shopping and will offer a reduction in rates. Some will be willing to change payment terms to allow you, say, 60 days to pay balances rather than 30. Shave the overhead by negotiating aggressively with vendors.

Business Development and Marketing

Thinking Innovatively Is the Key to Surviving a Bad Economy

Can you create more value for clients? Is alternative billing a partial solution? Can you you, at this time, appeal to different clients? Should you firm structure be changed to deal with economy? What can you do with your overhead? Can you merge for strength? Should you break away from a weak firm? As a solo? As a group? Can you find a global market? Can you practice in another area of law? Do you need to change how you market? The questions are endless — and the answers are not pat — they will vary from lawyer to lawyer. Take some quiet, meditative time to think this through. In our busy lives (well, perhaps somewhat less busy for some these days), it is difficult to think amid the phones, faxes, emails, etc.

Technology in Law Practice

Smart Technology Can Positively Shift the Time Bucket

A basic premise to consider when making any technology expense — whether for a replacement computer, a new laser printer, a shiny new smartphone or a practice management system — should always be whether it positively shifts the "time bucket." What is a time bucket? Simply put, regardless of whether a firm tends to bill by the hour, bills flat fees, does contingent billing, does some other kind of project/"not to exceed" kind of billing, there are only so many potential billable hours in any given day.

Spending Money in a Tight Economy May Seem Irrational at First

The challenge is overcoming the inertia of human nature. When times are tough and discretionary business cash is tight as a drum, who spends money on new technology? Don't those funds go to satisfy more primal needs like wages and rent? This is where lawyers who are both courageous and smart will hold back their instinctive "bunker mentality" and apply the "time bucket" analysis. If the projected return on the technology expense will positively shift the bucket to a higher percentage of billable time, exceeding in a predictable, calculable period of time, the cost of the technology, the expenditure not only makes sense, but is economically necessary. The converse also being true, a purchase that would negatively shift the time bucket should be avoided.

Let Us Know What You Think

These excerpts merely scratch the surface of what you'll find in the 230 pages of How Good Lawyers Survive Bad Times. Priced at $47.95 for Law Practice Management Section members ($79.95 otherwise), my co-authors and I believe you will find it a worthwhile investment. If you read the book, please let us know what you think.

* Excerpts Copyright 2009 ABA Law Practice Management Section, Sharon Nelson, Jim Calloway, and Ross Kodner. All Rights Reserved.

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 August 24, 2009 in our free SmallLaw newsletter.

I'm back again with five more technology hacks for small law firms. While technology is not necessarily a bastion of hope in these dark economic times, it can give the small firm practitioner a leg up on the competition and level the playing field for client service and communication compared to a larger outfit. If you missed my first five hacks, you can find them on TechnoLawyer Blog.

1. Track Your Time Writing Emails With MonetaMail

MonetaMail is an Outlook add-on that tracks the time you spend on email activities.

MonetaMail is inspired by the following facts:

Email is the most popular communication tool. Much email activity is of short duration (certainly under the 6 minutes for the 0.1 hour minimum time tranche). Many users do not actually know how much time they spend in email and usually grossly underestimate their email activity time. Moreover, users do not want to leave the workflow of reading and replying to email to track their time.

The solution, prior to MonetaMail was to either ignore or forget about billing for email time, make some wild guesses, or sift through your Sent folder and reconstruct what happened.

MonetaMail tags, tracks, and reports your email time by two different user-selected descriptors (you need set up a descriptor only once per email address). The basic idea is to track the time that slips through the cracks by seamlessly integrating into Outlook. The reporting function enables you to evaluate email productivity by client, project or time-period, on a daily, weekly, or monthly basis. The captured time should eclipse the $99 price.

2. Send Video Emails With Eyejot

Even in the hands of a gifted writer, the written word can prove difficult to decipher. Enter video messaging service Eyejot.

Eyejot enables you to send video messages by simply signing up, logging in to your account, uploading or recording your video, and clicking "Send." There is no software to install or download. It works with all major browsers.

A free account enables you to send an unlimited number of 60 second email messages, and provides support for RSS feeds and iTunes, and a visual address book. Upgrading to the Pro version for $29.95 per year extends the video length to 5 minutes and provides an inbox perpetual in duration (the free account stores email for only 30 days).

For $99.95 per year, the Pro Plus version enables you to add your own logo and color scheme to Eyejot's notification elements, receive alerts when recipients view your video messages, and attach documents to your video messages.

3. Tweet From Outlook

Twinbox is a free Microsoft Outlook plugin that seamlessly integrates with Outlook to enable Twitter users to update, reply, archive, search, and receive their friends' tweets.

After download and installation, simply visit the "Options" menu and enter your Twitter username and password. What sets this app apart from stand-alone Adobe Air based Twitter applications such as TweetDeck is the ability to archive, manage, group, and search your tweets the same way you manage your email. You can also upload photos and Outlook attachments and automatically download all tweets matching the keywords you specify, similar to a supercharged Google Alerts for Outlook. Thus, Twinbox enables you to monitor what people are saying about you and your firm.

4. Backup Your Browser Settings With FavBackup

FavBackup is a free portable utility (meaning it does not have to be installed, just executed) that will backup your browser preferences, passwords, extensions, and sessions.

It works with all major browsers, including Internet Explorer, Firefox, Opera, Safari, and Google Chrome. Backing up is as simple as running the downloaded file and following the guided prompts.

5. Set Up Advanced Voicemail With YouMail

YouMail is a free voicemail service that will blow the pants off your cell phone carrier's default voicemail package. Think Google Voice without the extra phone number.

YouMail provides visual voicemail, personalized greetings based on the caller, voicemail sharing, caller blocking, and voicemail alerts by email and text. For a fee of $3.99/month, you can have voicemail messages transcribed and emailed to you. Another nifty feature is the ability to make folders to organize your voicemail messages as you would your email. You can also download your voice messages in .mp3 format.

What better way to organize client communications, send notes to yourself, and compartmentalize all communications? Give it a try and let me know what you think.

Written by Will Geer of JDhacker.

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.