The Greatest American Lawyer

Attorney Collaboration? Yes, attorneys in the same office can work together

One of the downsides of hourly billing is the disincentive to collaborate. Clients don’t want to see multiple lawyers showing up on their hourly bill. Law firms and lawyers are sensitive to having collaborative work sessions where multiple people might show up on the time sheet.

We are doing a project for a start up company which involved approximately $20,000.00 worth of drafting projects, including license agreements, intellectual property creation and intellectual property protection. Our deliverables included a list of specific documents. The client had hired other firms over the last several years to achieve the deployment of the business model which he was tinkering with. But none of the lawyers were able to capture the business model with any specificity, and he simply threw out the documents paid for on an hourly basis.

On Friday, the three partners of our law firm sat in a conference room together with the client and collaborated over the first draft of our master licensing agreement. We had already had several face-to-face meetings with the client, had visited the client’s initial deployment in order to better understand the software itself and had been working within the extranet to identify key issues. We had developed a master Mind Map document identifying all the different stakeholders, potential licensees and intellectual property hurdles.

It occurred to me during the middle of this brainstorming session designed to spit out a solid first draft of the master licensing agreement that collaborative brainstorming sessions almost never happen in a traditional hourly billing law firm. And yet the value of that meeting and the key issues we identified and resolved can not be understated. On a flat fee basis, the firm has an incentive as a group to perform the promised deliverables in as efficient manner as possible. The hourly billing model treats collaboration as inefficient. The flat fee billing model treats collaboration as a valuable approach to focusing on and deciding key issues.

At the end of the meeting, we asked the client whether or not we were outperforming his prior law firms. He noted that the business model and approach of the firm was delivering exactly as promised. He stated his belief that our business model was in fact the one that would prevail in the market in the end because it is the one that made perfect sense. The client wasn’t blowing smoke. Everyone in the room knew that value had not only been promised but was being delivered.

Blawg Review # 158

Read this week's Blawg Review hosted by The Mommy Blawger at The Mommy Blawg-The Intersection of Mommyhood and the Law.

The Distinction Between Business and Law

Because we do so much trademark work, we live in a world of notice letters, threat letters and draft complaints.

It never ceases to amaze me how many business opportunities are lost as a result of lawyers being so caught up in their threats, that they fail to see the opportunity for companies to work together.  I am working on a matter right now where one of the top social networking sites for women is allegedly infringing on a large newspaper publishing concerns magazine trademark.  The publishing company’s website is pretty weak, with extremely limited traffic.  It is a perfect opportunity for them to get in the game on the web instantaneously. 

But the lawyers are so caught up in making threats that they can’t see the opportunity staring them in the face.  Lawyers sometimes forget that their client’s interest is business, not law and certainly not litigation.  “Protecting their client’s interest” sometimes means stepping back from the threats and focusing in on the opportunity. 

The Impersonal Nature of Email

I recently posted The Etiquette of Email.  As a follow-up, Peter at the Solo In Chicago blog provides great insight into the appropriate use of email:

I'm amazed at the vitriol I see written via e-mail particularly from clients and on lawyer list serves. I really think that the impersonal nature of e-mail (typing on some electronic device by yourself) really brings out the worst in people. My personal policy is absolutely if there needs to confrontation or criticism, do it in person or over the phone. Time and again I see a tone of communication from people that they would NEVER express verbally but when it's not really expressed to a person but rather just typed into a box there's inappropriate anger.

I couldn’t agree with Peter more.  Email is a great way to transmit information.  It is a terrible communication device.  If anything serious is happening in a case, a phone call is mandatory.  A follow-up email is fine. 

The Evil Side Effect of Lawyer Advertising: More Consumer Information

The proliferation of lawyer websites, law firm websites, lawyer blogs and even LinkedIn profiles have literally exploded the amount of information available to consumers of legal services.  There has been a steady debate about whether or not lawyer blogs constitute lawyer advertising and how the advertising rules impact law firm websites which often include testimonials, a listing of favorable results and representative clients.  Within the LinkedIn community, clients can provide recommendations to the lawyers they’re connected to.  Clients sometimes brag about their lawyers on bulletin board systems and even on their own websites. 

I got in a debate the other day with a lawyer who believed that all of the above forms of information were unethical and constituted impermissible lawyer advertising.  This lawyer’s view is that no lawyer should allow to have anything except a web page including your name, address and phone number.  What a crock!

Anyone that would suggest that consumers were better off before the advent of the Internet in shopping for legal services is smoking crack.  Anyone who’s worked in a law firm knows that the vast majority of clients walk in the door with absolutely no prior experience with attorneys, law firms, and in many instances legal services in general.  Before the Internet, they were placed completely at the mercy of the lawyer sitting across the big fancy table.  In that, “face-to-face” meeting, the chance that a consumer could escape without first paying a hefty retainer fee was slim to none.  Even in matters in which the lawyer had no expertise, they could always sound smart enough to land the client.

In the Internet age, a client and virtually every possible legal matter can go to the Internet and educate themselves concerning the basic legal principles involved, review lawyer websites which explain the key elements, compare law firms through the information on their websites located all across the state, the country or the world.  They can make calls and get free consultations from many different law firms before making a decision; providing the client with a variety of different fee options.

Of course, this doesn’t even begin to touch on the amount of pro bono information that is provided by every lawyer who blogs, providing scores of individuals who cannot afford any legal services in-depth information in order to engage in legal self-help. 

I’ve always believed that there are really two classes of potential clients who might review information on the Internet.  The first are injury clients who are often vulnerable.  The second is everyone else.  Most of whom are looking for legal advice regarding business, real estate and other matters which do not imply vulnerability.  The concept that business people can be deceived by law firm websites which include a representative list of sample cases is laughable.  The anti-advertising contingent builds its argument on the foundation that legal consumers are fundamentally stupid.  I believe that most of that contingent is simply trying to avoid having to compete.  They would prefer it if there were no ready options available to clients and virtually no information from which a perspective client can educate themselves.  I believe it is the ethical duty of every lawyer to provide information concerning their practice, areas of specialization, representative cases and results.  They should be obligated to provide information concerning the fee options and billing policies.  Legal consumers win as information about lawyers and law firms proliferate, whether self-generated by the law firms and lawyers themselves or as commentary by other people.  The people who contact our law firm are overwhelmingly smart, intelligent consumers who have contacted several law firms, educated themselves about the legal issue they are facing and ask all the right questions prior to retention.

Have you considered dictating your emails?

In my previous post, I noted the rising problem etiquette in email.  I attribute this in part to text messaging, which, by its nature, kinds to be cryptic, short and almost painfully to the point. 

Virtually everyone who has an email account has a web version of that account.  We strongly recommend authorizing staff to access an attorney’s webmail account in order to send dictated email messages.  I would say that at least of 15% of all of my email is dictated, transcribed by staff and sent through my webmail account.

Dictating email has huge advantages.  First of all, it allows you to say more in a lot less time.  Second, you can dictate an email from anywhere that you have a portable recording device.  My Blackberry has built-in dictation.  I’m dictating this blog post into my phone, which will be auto-routed to my staff’s email account for transcription.  This allows me to work from anywhere and specifically to draft emails from anywhere. 

But the biggest advantage I think is that it allows you to be a lot more comprehensive when providing information to someone by email.  You could cover a many more issues in an email which you spend ten minutes dictating, then you can in an email you spent ten minutes typing yourself.

We include a disclaimer at the bottom of the email that the email was in fact dictated and transmitted by a staff member.  We believe that dictation is one of the most underutilized tools in virtually every law firm.  Digital dictation provides so many advantages over cassette tape dictation as we have previously noted, here, here and here.  The biggest problem is that many attorneys haven’t realized that dictation can handle a lot more than cover letters and pleadings.  It can be used to pass information onto to staff, to delegate tasks and even to draft email.  Have you considered leveraging dictation with your email technology? 

The Etiquette of Email

I think we all know not to turn our caps lock button on when we send email by this point in Internet history.  However, the rise of text messaging has created a shift in email etiquette.  Email recipients are much more willing to accept short cryptic messages sent by text through a Blackberry, Palm or otherwise.  In fact, using short hand and abbreviations is commonplace.  I often wondered whether the advent of text messaging has spilled over into the email arena. 

Short cryptic responses in email are sometimes inevitable.  But much of the time they are not received well by the recipient who may feel that the lack of attention suggests that they are being nuisanced, that their question wasn’t appropriate, that you don’t have time for them or other negative implications. 

I think it is important that when we send emails, we try and retain as many of the formalities of a signed, dated and transmitted letter as possible.  A three sentence response may still be appropriate, but it is my belief that the expectations of the recipient are still fairly high.  Don’t let the text message mentality spill over into your email account.  You may find that you are sending all the wrong messages to the people most important to you. 

Earth Day 2008, Law Firms Going Green

Earth Day is Tuesday, April 22, 2008.  Our law firm has been digital since day one.  This means we use a small fraction of the paper that most law firms use.  I would estimate it to be at something in the range of 10% of a normal law operation.  In many ways, we have been green since day one.  We recycle, use low wattage fluorescent lights where possible, equalize our heating system, ensure that large cardboard boxes make it into the recycle dumpster, ride our bikes to work where possible, reduce travel by conducting GoToMeetings and a variety of other activities.  Of course, we do many of these things for our own business purpose.  They happen to also have a positive effect on the environment.

We are in the process of taking the next level towards becoming a “green law firm.”  We are developing internal policies and incentive programs in order to round out our green existence. 

What we need now is ideas from you.  We have been unable to locate a certification authority for green law firms such as ours.  So we set out to develop our own policies and standards. 

If anyone is aware of a certification authority or has other ideas for enhancing our “greenness” please comment below.  It is our hope to inspire other law firms to go green as well. 

Introducing Virtual Paralegal Aretha Gaskin

The Virtual Legal Assistant, Inc.
Aretha Gaskin
Owner & Virtual Support Professional
Based in Westfield, New Jersey USA
908-757-3300
www.tvlai.com
arethagaskin(@)tvlai.com

My name is Aretha Gaskin and I am a virtual support professional and I’ve worked at some of New York City’s largest law firms and bring well over a decade of law firm experience to my two companies: The Virtual Legal Assistant Inc., and Bankruptcy Forms Processing Inc.  Prior to working in the legal industry, I worked in the non-legal world for several years as an Executive Secretary.  Helping solo and small business professionals overcome their administrative challenges is the focus of my virtual practice.

I offer an array of virtual secretarial and virtual receptionist services catering specifically to the legal community.  My services range from the personal assistant level to ensuring the success of those stand alone projects so critical to any business.  In essence, I cater to both the busy solo practitioner and the start-up entrepreneur.

There is a Difference between Having Technology, Using Technology and Dedicating Yourself to a Process Utilizing Technology

We have incorporated an awful lot of technology into our law firm business model and process.  By way of example, we use GoToMeeting with the attendant conference call service almost on a daily basis.  Many of our clients are located in other states and over seas.  GoToMeeting is a tremendous asset to any law firm and, in many ways, is far superior to a face-to-face meeting.  For instance, you actually share a desktop and are looking at the exact same thing online.  In a traditional meeting, there’s a tendency to get together and talk about things without moving the ball.  The best case scenario in a face-to-face meeting is that someone’s got a projector or patch cord into a LSD TV so that everyone can look at the same thing.  If people have multiple laptops, changing the presenter is extremely difficult.  This is not true with GoToMeeting. 

I’m not saying that face-to-face meetings aren’t important.  But I am saying that an awful lot of people have software applications such as GoToMeeting downloaded on their computer, but rarely, if ever, use the application.  They have not incorporated GoToMeeting as a resource within their business process.

There is a big difference between having technology and using it.  You have to commit to technology in order to get real value out of it.  It’s great having an extranet, for instance, but if you don’t use it religiously, it will become more of a headache than a tremendous asset that it can be. 

And there is a difference between using technology and dedicating your firm process to it.  The key to technology is process.  I cannot state this strongly enough.  For instance, talking to a client on the phone is fine.  But our process dictates that you schedule a GoToMeeting with the client in order to maximize the time that you are on the phone.  In almost every instance, you and your client are reviewing something.  If you were both looking at that “something”, you will have a much more intelligent, thoughtful and focused conversation.  And specific to-do items will arise out of the conversation.  If you are editing the document online while discussing the appropriate language, you will be able to not only discuss concepts, but agree on the exact language after drafting, reviewing, revising and finalizing. 

Lots of lawyers and law firms have great technology.  Few law firms actually use that technology.  While some lawyers in law firms use technology, most lawyers in law firms don’t.  A single lawyer in a firm utilizing technology is fine.  A law firm dedicated to that technology as part of their client service model is nothing short of amazing.

So take some time and look at what technology you have available to you in your law firm.  Now ask yourself whether or not you use that technology to its fullest potential. 

Are You a Virtual Worker Looking to Promote Your Services?

We have created two new categories for virtual worker issues.  The first category is a listing of virtual workers who have submitted their background information and websites to us.  That link can be found here. 

The second is a blog category which includes all of our virtual worker posts. That link is found here. 

If you are a virtual worker and want to get listed, go ahead and contact us.  We just purchased some job posting software which we will be implementing over the next month or two.  This will allow us to have a job board for both virtual workers and prospective employers right here on the Greatest American Lawyer Site!

Virtual Worker Recap

Since we are going to be having some upcoming posts on virtual workers, we thought we would recap our best posts on virtual workers over the last 3 ½ years.  As you know, there are tremendous benefits to incorporating a virtual worker into your law firm business model.  Here is our bullet list of favorite posts:

• Rolling Out Our Virtual Worker Program
• Virtual Law Clerks Take Over the World!
• Virtual Paralegal/Clerk Update
• Contract Work, Outsourcing, And Virtual Workers
• Finding Virtual Law Clerks
• Enter The Virtual Law Clerk
• Integrating Skype Into Our Virtual Worker Model
• Virtual Paralegals and Law Clerks as a Recruiting Tool
• Thinking About Digital Dictation
• Go Non-Solo Right Out of Law School
• Not Yet Announcing ... My Law Firm
• # 1 Tech Tip For Lawyers-Copernic
• What Makes a Good Worker in The Technology Age?
• The Flattening of the Legal World
• "The Billable Hour"
• Who is GAL Talking To?
• Law Firm Staffing Decisions Often Shortchange the Client

Introducing Virtual Paralegal Lisa Gibson

I received an email from Paralegal Lisa Gibson the other day concerning possible virtual paralegal positions.  As mentioned in this previous post, we will now be promoting any virtual worker in the legal industry who's got their own website.  If you want to be featured, simply send an email to Greatest.American @gmail.com. 

Here is the link to Lisa Gibson and Legal Office Services.

Quality Legal Services at Affordable Prices

I am Lisa Gibson, a Paralegal since 1988. I provide Paralegal and Legal Secretarial services for attorneys and law firms from my home office in Maryland. Let me tell you a little about me. I am "Virtually" and "Traditionally" accomplished in helping attorneys and law offices. My services are done by free pick up and delivery, U.S. Mail, Express Mail, Email, Facsimile Transmissions and courier service.

In this day and age, much of the work that I do can be done “virtually.” In these changing times and for the more Internet fluent attorneys, I am also known as a “Virtual Paralegal, Virtual Legal Secretary and even a Virtual Legal Assistant.” The term “virtual” relates to a growing support system that enables me to perform most of my legal services for you “virtually”, that is-- online, via email and the Internet. Some attorneys prefer a more face-to face approach with their work being picked up and dropped off in the old fashioned way-- and that is happily done and encouraged as well!

Virtual Paralegals for Hire

As you all know, I'm a big fan of virtual workers.  Every month, we get dozens of emails and unsolicited  résumés from virtual paralegals, law clerks and even lawyers who wish to work for our firm.  There is no question that there is a ready supply of virtual workers for the legal services market. 

In an effort to help promote the benefits of virtual workers and especially virtual paralegals, we will start a new message category called "Virtual Paralegals for Hire."  If you are a virtual worker who wants the Greatest American Lawyer blog to promote you and your website, just send us an email at Greatest.American @gmail.com and we will feature you here. 

Virtual workers offer a tremendous advantage to law firms.  They work as independent contractors on a flex schedule.  If you don't have work for them to do, you don't have to send them work.  If you get busy all of a sudden or need a quick turnaround, you can tap into your virtual worker pool and kick things out quickly and easily.  Every law firm struggles with the question of when to hire that next staff member.  While you will certainly pay more on an hourly basis for a virtually, you will not be strapped with the overhead of office space, employee benefits, health care, and a permanent employee (by weekly paychecks).  Give it a try.  I think you will be pleasantly surprised.    

The Relationship between Quality and Origination

Every law firm has to grapple with the issue of bringing in new clients, and starting new projects for existing clients.  For the purposes of this post, I will refer to both concepts as origination.

Origination can occur in a variety of different ways.  Many lawyers originate by going out to the golf club, yacht club or rotary club in order to meet new people and essentially solicit their business. 

But the best way to originate is to simply focus on quality.  During periods where the firm is doing the best quality work, new clients tend to find their way to our front door and old clients approach us with new projects.  There is no better business card than a satisfied client.  Quality is the ultimate origination tool. 

Blawg Review #154

Read the current issue of Blawg Review hosted by David Harlow's at Health Care Law Blawg.

Google Says You Are An Expert

I was giving a presentation last night to a group of college students in a marketing class.  We were talking about internet marketing and the use of blogs to show off your expertise.  The discussion gravitated towards the issue of whether or not someone could “pretend” to be an expert in something that they were not. 

While theoretically possible, it is not likely that someone could long pretend to be an expert in something they have no expertise in.  But it does raise the fundamental issue about de facto vouching of expertise by Google.  If you show up on page one of the Google search returns, the presumption is that you must be an expert.  Google has, in effect, vouched for your expertise by placing you in that spot. 

Of course, clients should do more than review a website before hiring an attorney.  Other questions will quickly reveal the gravitas of the supposed expertise.  Questions we should be asked include:

1. How many cases has the attorney handled concerning the specific issue which the client is dealing with.
2. What have been the results that the attorney has achieved in each of those cases.
3. How long has the attorney been specializing in this particular practice attorney.
4. Are there any references who the client might speak to who had similar legal issues

Cost-Certainty is the Number One Factor Driving Clients towards Flat Fee Billing.

We are currently involved in some fairly complex Anticybersquatting Protection Act litigation across the country.  We’ve been closely monitoring the hourly bills (we sometimes start litigation on an hourly basis until we see where it’s going).  The client is an international company that is used to paying hourly fees.  The complaint in one case is filed and early motions in play.  The client actually requested the other day for the flat fee alternatives.

As we discussed with the client, it was clear that one single factor was driving the client’s decision concerning an appropriate flat fee level.  That single issue cost-certainty.  Over the next few posts, I will be talking about the flat fee process for complex litigation.  Many lawyers say the flat fee model doesn’t or can’t work with litigation.  Quite simply, they are wrong.  Most likely, they’ve never tried.  They’re smatter than they think and the variables really are fewer than most people pretend.

The Power of a Good Vacation

I just returned from a ten-day vacation to Colorado with family.  We went resort skiing, I went on a Backcountry 10th Mountain Division Hut Trip and then spent some time in Boulder with friends. 

I think we constantly underestimate the importance of taking time off and unwinding from the daily grind.  We owe it to ourselves, our families and our clients to be on top of our game.  That can’t occur unless you unplug every once in a while.

The thing I have noticed most since returning to work is that I do not sweat the small stuff near as much as I was in the months leading up to my vacation.  After grinding it out day after day for months on end, the little things start to catch up with you.  You ability to reasonably prioritize and emotionally deal with those little things is compromised.  In short, I am a better lawyer today than I was when I left on my vacation.  When was the last time you unplugged? 

Solo by Choice

One of my favorite bloggers Carolyn Elefant over at the MyShingle.com blog has written a wonderful new book called “Solo by Choice.”  I just received a copy of the book last week and look forward to reading it.  I did get a chance, however, to skim through the table of contents and various chapters.  It is comprehensive!

Here is a list of some of the topics covered.

Solo By Choice has more than 300 pages of solid, practical advice on these topics: Making the Great Escape ... Getting Started ... Setting Up Office ... Selecting Practice Areas ... Handling Clients ... Billing & Fees ... Generating Revenue ... Outsourcing ... Marketing in the Digital Era ... FAQ's on starting a firm from BigLaw, government, law school ... and Part-Time Options for parents.

I highly recommend that anyone considering solo or small firm practice read this book.  Carolyn has provided detail beyond any expectations.