Legally Easy

New Site

2011-07-25T08:45:00.000-05:00

I'm blogging over at thedroidlawyer.com, if you're interested.

Skills Students Need to Learn

2011-03-16T05:15:00.000-05:00

Joseph H. Brown, the author of Student2Solo, has a new blog post about 2 things students should do while they're in school in order to prepare for solo practice. The post is great, and offers two great suggestions, especially that students get familiar with trial practice (a course I wish I would have taken). I'd like to add my two-cents to the conversation, and follow up on one of my earlier posts.

I'm an especially big proponent of the "3rd Year Intern" program. I don't know of any school that's implementing it, but I believe a 3rd year spent working at a law firm, instead of in a classroom, would better-prepare students for law practice in general. The concept is easy: students work as unpaid interns at law firms (preferably solo or small firms), and in turn receive course credit for their employment. It's a win-win for both sides (which I doubt that schools would go for because of their overwhelming disdain for solo practice.) Working for an attorney/law firm is significantly more important than learning about working.

I try to hire interns to come perform tasks and learn about law firm practice. One of the common questions I get from my interns, and from others, is "how will I ever learn all this?" My simple answer is that you take the time. This is especially important when you're discussing things like trust accounts, business operations, and daily operations. Unfortunately, because you never learned how to properly manage a trust account (although you're drilled about the consequences of mismanagement) in law school, you must hire someone, or consult your bar association's management assistance program to get the proper information.

Like Joseph, I suggest students also focus on practical courses, like trial practice, bankruptcy, and legal writing, as opposed to the recommended cadre of "bar prep courses." Although these aren't completely functional courses, they will give you a glimpse of some real world events, especially if they're taught by adjuncts who are practicing attorneys.

Finally, students should learn and practice communication skills. Since verbal and written communication are everyday necessities in a law firm, you must improve and perfect your communication. Volunteer to write briefs, memos, or other documents for an attorney, and learn from his/her criticism. Take opportunities to present speeches and other verbal presentations to improve your delivery skills. You may even consider joining local speech groups or organizations for assistance.

Whether you're looking to mint yourself as a solo attorney, or as a BigLaw brat, possessing the basic skills and knowledge to function as an attorney will help you achieve your success. You can do it, but it takes patience, practice, and work.

The Backup Plan

2011-03-08T06:07:00.000-06:00

Folks, I don't think the economy is improving, at least for lawyers. I think we're still in a tight market, and we should expect to see more of those "cushy" jobs start vanishing. There's a post at The AmLaw Daily that shows the legal services sector lost jobs in February. 2,900 to be exact.

If you're one of those sitting in a comfortable ~~cubicle~~ office, you need to look closely at these types of reports. This is a scary statistic that could effect everyone. I talked about planning for a "cut back," and still believe it's as important as ever to develop your backup plan. Quite simply, how would you cope if you lost your job today?

How Much Do Lawyers Make?

2011-03-04T06:27:00.001-06:00

The ABA Journal teamed up with William D. Henderson of the Center on the Global Legal Profession at Indiana University's Maurer School of Law, to study and report on the wages for lawyers throughout the United States. I think this is an admirable response to a lot of uproar regarding "the lying law schools," but I believe, as some of the comments suggest that this still isn't reporting the true nature of the legal profession. The biggest flaw of the study: "Equity partners and solo practitioners are not included in the survey." Oops.

I think this flaw over-exaggerates the numbers. Sure, I guess if my goal is BigLaw, government, or in-house, these figures should bring some comfort. However, if you're a solo practitioner or equity partner (why isn't BigLaw complaining?) you're screwed. The fact is, there's still a larger portion of the legal profession that is unrepresented in the study. As one commenter states, "The ABA bothers to show this because they want the media to pick it up - they want a counter to all the bad press law schools have been getting, and this gets the fuzzy idea, 'Oh hey, lawyers DO make a lot of money' out there in the world again. It’s an attempt to keep the bubble growing and obfuscate the truth - that law school is a bad investment for almost all students who take out taxpayer backed loans to attend."

Some of the surprising information for me gleaned from the study: Reno, NV and El Paso, TX, have "unusually" high salaries for relatively small metro markets. Perhaps, if you desire to become an attorney, you should relocate to Huntsville, AL, where lawyers earn $125,000, and the market is small 440 (is that a typo?). Also, isn't the "hot spot" graphic nice? I guess there won't be a rush of lawyer to Montana, North Dakota, or Northern Maine.

Public Relations...Or, Relating with the Public

2011-02-17T06:05:00.000-06:00

My undergraduate education is in communication. Specifically, organizational communication. I studied communication at a mid-sized university, before heading off to law school.

The thing I particularly enjoyed about the communication studies discipline, was the range of classes available to students. My first thought when I embarked in the field was to become a reporter, or some other press-related individual. I liked the "gumshoe" work of a reporter, strung together with the fast-paced, changing world. Eventually, I decided that I wanted to work in the messed-up world of business, and evaluate the different sub-levels of businesses and other organizations - hence, organizational communication (I'm not sure why I didn't choose psychology, because a lot of O.C. is about analyzing people and their behaviors.)

During my education I had a variety of opportunities to examine media interactions, and learned to appreciate the power of the media. That's why this post by The Nutmeg Lawyer, Adrian Baron, really worked.

The post discusses the importance of working with the media, and how the media can really boost your law practice. Adrian Baron talks about his experience in the world of criminal law, and how using the media has increased his revenue and client base. Adrian give concise advice regarding some fundamental steps to help work with the media.

I learned early that too many people, and far too many lawyers, are afraid of the media, and using the media in their law practice. I see it as a natural tendency for us to shy away from anything we can't acutely manage or control. However, you must recognize that there are times and places when you want to use the media to your advantage, and certainly bad coverage (where you're involved with a "bad" client) is better for your firm than no coverage. Always recognize and appreciate opportunities to market your firm.

Part of growing and building your practice is becoming recognized as a legal "expert" on a particular topic. The more people can recognize you as the lawyer, hence Adrian's "heroin lawyer", the greater success you'll have in bringing in clients. I attest to the truthfulness of this mantra. Like Adrian, I've had several similar good and bad experiences with media relations.

When you're given an opportunity to become a legal "expert" by the media, seize it. You're never going to have an easier time striking publicity for yourself.

Google Apps

2011-02-06T08:23:00.000-06:00

Google continues (in my opinion) to dominate the market with its extensive offering of products and services. Regardless of your feelings about operating systems (iOS v. MS), you must agree that Google has the best cloud services, hands down.

Six months ago I transferred all of my email/contacts/calendaring services to Google Apps, and I paid the premium price to upgrade my accounts to the business edition. I'm not looking back!

If you're not familiar with the Google Apps product, your law firm should be. The product provides a clean and simple cloud interface for handling a variety of daily things like calendaring, email, and contacts. More importantly, as long as you have internet access, you can connect to everything through the online resource.

For those of you who love the interface with Outlook (I am one), the paid version ($50/year per user) offers a simple sync to Outlook program that you can use to transfer your Outlook information between your computer and your Google account.

Here's some of the huge benefits I find with using my Apps account:

Easy integration/access to email, calendar, and contacts from my laptop, desktop, or smartphone;
Seamless sync between Outlook and Google on any computer (I currently sync my home, laptop, and office computers with my Google account);
Easily share calendar and contacts with employees;
High-quality technical support and hassle-free maintenance (I get the same quality as MS Exchange, without maintaining an Exchange server)

I would always recommend the paid version if you're intending to use Google Apps for business purposes. I believe, and would probably win any challenge, that paying for cloud services, as opposed to using freebies, entitles you to some privacy protections that might not be otherwise. Google Apps provides all users, especially small businesses, with the big business IT resources.

Be Careful What You Write

2011-02-05T09:14:00.001-06:00

It has been too long since I posted something on this site. I didn't forget about it, I just made a little more emphasis on my other site. I promise to make a more concerted effort at blogging here too.

The ABA Journal has an interesting story about the dangers of social media. The article appears hell-bent on making everyone fearful of using social media to tell a story or advertise one's business. In fact, I think there might be a strong goal by the big-law bandits of the ABA to minimize the use of social media among lawyers.

Basically, the Journal's article talks about the plight of one Sean Conway, a Florida lawyer, who happens to be involved in attorney disciplinary proceedings because of his blogging/use of social media. Mr. Conway's problems arise because h~~e's a) in Florida, and b) he's advertising/using social media~~ of some comments he made about a Florida circuit court judge on a blog discussing Broward County legal topics.

I think Conway's problem is the fact he used this public sphere to berate a political/judicial figure. Fortunately when blogging, there are some established (common sense) rules. Conway states his actions were deliberate and intentional.

If you're using your blog to convey information, then convey information. There are more judicious (and safer) ways for you to get your political message through.

Going Silent

2010-12-16T05:20:00.000-06:00

Sorry about the somewhat silent actions on the site. I promise that postings will resume soon.

As is usually the case for a solo, I have been dealing with the technicalness of running a law practice, raising a family, and trying to stay sane.

One of the best aspects of being solo is flexibility. However, flexibility often comes at a corresponding price - didn't Newton say something about "equal and opposites?" In my case, the opposite reaction has been and increasing number of demanding cases from clients. This is beneficial, but again, very demanding.

Here's a couple of articles to explore:

1. The 3 Phases of "Becoming Paperless"

2. Corporate Counsel Survey: The Best Law Firms REALLY Focus on Clients

3. 9 Tips For Balancing Family With A Solo Law Practice - I've been practicing more of this one.

Again With the Management Software

2010-11-30T20:04:00.000-06:00

I don't know a lot about other practice management programs, since I'm relatively satisfied with PracticeMaster from Tabs3.

However, I'm grateful to have the software because of its robust ability to control finite aspects of my law practice. I've already extolled the virtues of practice management software, and would encourage you to implement some program into your law practice.

Here's some of the benefits I find with my software:

1. Ability to integrate with calendaring & email programs (Outlook)

2. Ability to docket and schedule tasks, chores and meetings for cases

3. Ability to control and manage cases and case flow

4. Ability to manage massive amounts of information

I was talking to a colleague today about PM, and I showed him some of the benefits. He was impressed by the grand options PM gives.

If you're not using a practice management system, it's time to invest.

Check this Out

2010-11-18T05:37:00.000-06:00

One of the great things about blogging is being able to help others out with meaningful links, this includes other bloggers.

Recently, I came across a blog called Student 2 Solo. The blog is published by a young (time, not age) attorney named Joseph Brown. I've never met Joseph, nor have I received compensation to talk about him.

What I have received, is an enjoyable, albeit small, number of blog posts, about starting and running a solo law practice. I would suggest you add his blog to your reader.

Kudos to Joseph for his work, and I wish him success in the virtual and real worlds.

Why Don't Law Schools Care About Solos?

2010-11-10T05:19:00.000-06:00

The Legal Skills Prof Blog has two (here and here) great stories updating the world on programs that two law schools are implementing/have implemented to help students and new grads wishing to enter solo practice. These are great projects, and should receive tremendous support from alumni and the schools.

My first question then after reading about these programs, is why don't more schools have these types of programs for their students. After all, by some estimates, 26 percent of lawyers are either employed in solo or small firm practice. That's a pretty significant number of the graduating class that's working alone or in another small firm (i.e. 1 in 4 gradutates).

So, why don't schools do more?

First, I ~~know~~ believe schools cater to BigLaw. ~~All~~ Most of the professors and law school deans "practiced" in BigLaw firms. There's the "cultivate" BigLaw lawyers mentality that is permeating through the law schools. Law schools like their alumnae pedigree to read like a "who's who" of law firms, rather than a smattering of "Law offices of John Doe, esq."

Second, many, if not all, older lawyers believe that you cannot or should not, start your own law firm straight out of law school. "With so many 'pitfalls' to cause you problems" they'll tell you, "you must gain experience at a firm." The simple truth is, lawyering isn't rocket science with traumatic consequences for minor miscalculations. The problem is, many young lawyers, especially those entering solo/small firm practice, have to juggle business management and legal management requirements without substantial training in either field.

Note too, the first and second reasons also contain the often thought, but rarely quoted reason of, "why would anybody really want to open their own law firm?"

Third, there's rarely faculty in the law school who have access/knowledge to supervise/mentor graduates in these particular programs. That means that you must dedicate funds to the solo/small firm incubator projects, and not to faculty salaries or the new law school wing. Unfortunately, too many graduates leave their schools lacking fundamental skills that will make them effective attorneys (e.g. what a Complaint looks like, and how to file it in District Court). When schools attempt to "teach" legal practice skills, they often screw it up.

For instance, in my third year of Tier 3 law school, I took a course designed to introduce students to "legal practice" in a small firm, taught by two professors, one of which is a partner of one of the biggest firms in OKC, and the other is a federal court law clerk. My first thought was "what will these two teach me about solo/small firm practice?" From day 1, I set my expectations low.

The problem with my law school's philosophy was that these individuals would have a pulse on the small firm/solo concerns. Clearly, neither professor did, and that drastically affected the outcome and negated any benefits of the class. Other classmates expressed a similar disappointment.

One counterpoint many schools offer is that they provide legal clinics to help "cultivate" and "enrich" their students' learning. These clinics give students hands-on experience with representing and assisting under-served portions of the community. In truth however, these courses are limited to a minor amount of students.

Fourth, money is the root of all "evil." Unfortunately for many solo/small firms, the amounts their owners and members contribute back to their schools pales in comparison to their BigLaw counterparts (I guess we're too busy providing reasonably priced legal services than exorbitant hourly rates). It's easy to feed the BigLaw beast where the little mouse barely squeaks. Perhaps is solo and small firm attorneys put more pressure on their law schools to provide "incubator" programs, the schools would more reasonably respond.

Fifth, state bar associations often fail to address these similar needs. With so many additional needs of the state bar, addressing particular concerns like these on a single, case-by-case basis is too much. While many bar associations, including Oklahoma, have commendable practice assistance programs, there's still too great of a disconnect between the legal education and actual legal practice.

Solo and small firm practices provide a great resource to communities to help provide individual and low-cost legal representation. It's important to provide these lawyers and firms with the skills and resources necessary to tackle their problems.

Another Reason for Adobe Acrobat

2010-10-29T06:05:00.001-05:00

Rick Borstein, the author of Acrobat for Legal Professionals, cements my prior reasoning regarding legal technology.

This post by Rick discusses PDF/A. PDF-whaaa? You say.

PDF/A, as Rick notes, is the new legal standard for the federal courts, or at least is moving in that direction. Rick notes that, "If you or your firm does any federal work, this new requirement for filing in PDF/A will significantly affect how you create and work with PDF documents."

His blog post does an excellent job of explaining how to start using PDF/A to make sure your documents comply with this requirement.

It's What Distinguishes Us from the Animals

2010-10-22T05:54:00.000-05:00

There's a huge flurry of excitement over blogging, internet websites, and social media. For lawyers, this sphere is quickly becoming the new yellow pages. Recently, there has been a great influx of movement toward the internet, and I suspect more lawyers will "get online" with their law firms.

The problem, as I've beaten profusely, with "getting online," is that it's not only about getting there, it's also about being there.

Here's two examples:

Yesterday a new attorney moved into our office. He's leasing a space, and was looking at a senior attorney in one of the other offices (I share my offices with several other attorneys) for advice to get his website in place. The attorney wasn't around, so he asked me to let him know the young guy was looking for him. Actually, the conversation went more like this:

Attorney: Where's X? He said he was around later to talk about creating a website.

Me: A website? You don't want to talk to X about a website.

Attorney: Why? He said his [closely related computer savvy individual] can design a site for like, $300.00.

Me: Really? $300? Have you seen X's site?

Attorney: No.

Me: Look. [Type in the name of extraordinarily long website].

Attorney: Oh.

Me: Here's my website. [Type in the name of mediocrely long website].

Attorney: Wow. That looks good. (I know he's blowing).

Me: Here's a secret: the key to visibility on the internet is visibility. You have to have content to encourage the search engines to care. Otherwise, you're just another website.

Attorney: Oh.

Me: The problem with X's site is that it sucks. There's not any content.

Attorney: Yeah, he said his site's pretty ineffective.

Me: That's because it's static, it has words on a page, but nothing else. Dynamic content. That's what drives the internet. You want to know about using the internet, you talk to me, not X. You talk to X about BigLaw legal practice and old school legal services. If you're interested, I'll give you the tools to use, and the information needed to get you successful. The problem is, most attorneys don't want to do the second stage: the work.

It was about this time, we were interrupted by Attorney 3, the second example:

Attorney 3: Have you seen my website? It's bi-lingual? It's awesome.

Me: No. What's the address?

Attorney 3: Uh...not sure. Try X.com.

Me: Nothing.

Attorney 3: Maybe it's not published yet.

Me: What about the one I helped you set up? [Typing in website.com].

Attorney 3: Yeah, that one sucks. We don't use it.

Me: But it's your name, what's easier than that?

Attorney 3: Couldn't figure it out, so we gave up.

Me: Oh, that's logical.

Attorney 3 to Attorney: The key isn't the internet, the key is word-of-mouth. You'll get more clients from word-of-mouth referrals than having a website.

Me: That's true. However, for some new attorneys, all you have is time and no word-of-mouth referrals. So, if it's me, I'm going to work on developing credibility via the internet.

Attorney 3: But I don't get any hits from my website, so it's not an effective way to do things.

Me: Well, I get referrals, but I also get at least 1 client call per day from my internet work. Again, it's not about just having a website, it's about dynamic content. Search engines put you up at the top when your content is relevant and changing.

Attorney: Yeah, he just showed me that he's 2 and 3 on Google.

Me: Those are just two examples of my key metrics and their placement. I have other terms that perform equally well. I want people to find me after searching for those terms, so all my work focuses on including those key metrics in my legal work.

Attorney: But doesn't it take you a long time? How do you come up with stuff to write about?

Me: On average, 30 minutes...

Attorney 3: ...that's 30 minutes you'll never get back.

Me: True. But if done correctly, I just picked up a client who cost me little to nothing to find, but likely will reward me with at least 10 times my investment. Not too shabby. I find stuff to write about by reading blogs or discussing topics that are important to me.

Attorney 3: Blogs? I don't have time to read those, I'm doing real lawyer work.

Me: And that's the reason my website succeeds and yours doesn't. Part of my real lawyer work includes marketing my practice, and establishing my small niches.

Me to Attorney: You want to learn about websites and internet marketing, talk to me. You want to learn about referrals, talk to Attorney 3. If you're computer savvy, I'll show you how to get your stuff set up in about 2 hours, for cheap. Not savvy, then I know a gal who does this professionally, she can help you.

Internet marketing is the future. If you're not having success with your marketing scheme, you're doing it wrong. You'll likely continue to chase every whim that you deem effective. The problem for most attorneys is patience. Getting sighted by Google and the other engines requires time. Be patient, follow your scheme, and exercise diligence in the work. That's how you develop an effective marketing scheme.

Using Adobe Acrobat in Your Practice

2010-10-19T03:56:00.000-05:00

I love Adobe Acrobat. I don't know why more law schools don't offer an Adobe Acrobat/technology training class (oh wait, they're not interested in providing practical skills), because of its necessity in everyday work.

I can honestly say that next to PracticeMaster, Acrobat 9 is my most used program.

Many law firms struggle trying to go "paperless." I've been paperless since the opening of my law firm, and haven't missed those opportunities to scramble through reams of paper in search of that elusive document.

Ernie Svenson is the "Acrobat Ace." I'm sure somewhere on his body he as "I [Heart] Acrobat" tattooed. Needless to say, if you're not reading his insights on his PDF for Lawyers blog, you're missing out.

Ernie first introduced me to many of the subtle nuances of Acrobat, including my all-time favorite, digital signatures.

The add-in is simple, and provides an excellent method for signing a document without ever lifting a pen. I commonly use this stamp when I want to fax (I use internet faxing) or email a document.

My second-favorite Acrobat tool is the redaction function. I've witnessed far too many "old schoolers" mark production documents with black pens or sticky tabs before copying them and redacting the information (or worse, sending the document with the black markout to me - I can still see the information). This is a terribly time consuming process, and more importantly, it's often ineffective.

Acrobat contains a redaction function that allows you to select the offending text and press a simple key. You can change the color (my favorite is "none") to match the paper/background. When printed, the document loses its redacted information.

If you're not using Acrobat, you're missing out on a great tool. If you don't know how to use Acrobat, get a copy and start playing around. There are numerous websites that discuss Acrobat and its features. Acrobat is the standard for lawyers, and therefore, every new attorney should have an intimate grasp on the "how-tos."

P.S. Once again, nobody paid me to endorse these products or Ernie, although I'd gladly accept all cashier's checks or money orders sent to...

The Law School Application

2010-10-08T04:29:00.000-05:00

It's almost that time of year again when the young, aspiring, Type-A personalities begin setting their sights on law school admission.

Most of the planners took their June LSAT, in anticipation for the December early applications. Many plotted through the summer examining their chances of admission based on their prospective scores and the LSAC's charts. Many also used the time to work on the puffery known as the personal statement.

Yes, I remember it quite well. Although I don't recall exactly what idiotic, self-serving fluff I added (I'm sure I talked about my Eagle Scout award, and my "academic adversity"), I know, somewhere in some dank admissions office, someone had to read it. I apologize profusely to those admissions officers.

The ABA Journal has an article focusing on some of the common errors despised by Yale Law School associate dean of admissions Asha Rangappa. Although I don't recall being any one of the 3 mentioned (perhaps I was the trivial disappointment), certainly nobody likes any of them.

As a side note, don't 1 and 3 eventually become the "gunners"?

So, if you're planning on applying to law school, be conscious about your personal statement. There seems to be one unifying aspect about personal statements: be original.

P.S. You may also want to read this Technolawyer Blog post.

More on Getting "Googled"

2010-10-08T03:58:00.000-05:00

The Google Small Business blog has two great posts about using Google Places to build your marketing. I suggest you read them, especially in light of the fact they come from the search engine god itself:

Building your web presence with Google Sites and Google Places

How to Run, Get Online, and Promote Your Business with Google Tools

Remember, I'm intensely satisfied with what Google has done for my law firm website and marketing.

More on Google Places

2010-10-01T03:13:00.000-05:00

I Love, Love, Love Google Places. I think it's a fantastic concept, and for me, reaps a lot of benefits.

GP is easily my best investment, for the cheapest price. Tom Kane, author of the Legal Marketing Blog, agrees.

In his most recent post, Tom discusses why he believes that Google Places (he calls it Google Maps) is the place to be. He also, which I think is great, links to a couple other "how-to" posts by Tom O'Leary. These are excellent pieces for beginners.

The thing I love most is that the "free-factor" gives you the powerful marketing tools your law firm needs, without having to spend the enormous dollars. More precisely, Google Places puts your law firm where it needs to be, and instantly gives you a viable, searchable, findable, web presence.

Getting "Searched"

2010-09-24T05:54:00.000-05:00

In the world of blogging, SEO, and Google, content is king. You cannot expect a wide range of searches, hits, and site visits, without constant Google content.

The problem though, is not just any content will work. What I'm learning (because we the Google search algorithm is such a secret) is that you must tailor your content to your audience, but also include enough key components that will allow the Google robots and spiders to "feast."

Recently, I had a guest post on my blog. I thought that this would be an excellent way for me to drive some business to my firm (referring it to the guest), and tap into a potential alternative market. It didn't work out that way. In fact, I haven't had a single inquiry/search result for the keywords I specified. That's disheartening, but very enlightening for me.

Here's what I learned:

The searchable content must include key word phrases, but also some generic words too. This is important because Google wants to see the variety. Google wants to see that you used FBI and Federal Bureau of Investigation together, and not just the acronym. This type of usage "tricks" the robots and spiders into to believing your relevancy.
You must have fresh content. You cannot expect that 1 post about social security law or medical malpractice will bring in those clients. Similarly, you cannot expect the search bots to associate the "value" of your site with that single post. You must have constant, recurring posts on the subject. Again, this shows the search bots that your firm is relevant and current.
Outside links are valuable. Don't just hog all the glory of your own "brilliance." Give plenty of credit to others by showing them love. Outside links to other sites show the search engines that you care about what's going on in the greater population. Google is all about "power to the masses." So why shouldn't their search engine function the same way? Would you expect Google to add "value" your side by placing you at number 1, if you weren't giving things away to other? Add links to other articles.

I think if you'll take a few minutes to truly think about the type of content you're giving your clients and potential clients, you'll find drastic ways to change it up. Remember, it's not so much about what your write, as how you write it.

I'd be interested in hearing your thoughts. Please add your comments.

Why You Need to Know Tech

2010-09-17T06:54:00.000-05:00

The Law Librarian Blog links to a new study performed by the New York Law Journal, which ranks legal tech companies. I don't know about the applicability of most systems, as none of the systems I used even received a ranking.

However, I do know that technology in law firms is getting more important. For law students, knowledge about, and hands-on experience with a variety of systems is key.

I hire law students to come help me in my office. I think it's beneficial for them, and me. Their experience with technology was somewhat similar to mine during law school - absolute zero (check out this ~~rant~~ post about technology). Sadly, law schools don't prepare you for the harsh reality that you're going to have to work with technology in order to succeed.

Here are some questions to accurately gauge your law-tech knowledge:

What is practice management/case management software? Do you know and understand what this term means, and how law firms use the various programs?
Can you name some practice management/case management systems?
What is the difference between using practice management/case management systems and Windows/Mac folders?
Do you know what a server is, and how it functions in a workplace environment?
Do you know what a network is?
Do you know how to save files to a server versus your system's hard-drive?
What is the required method for submitting documents to (most) federal court?
Do you know how to remove metadata from a document in Microsoft Word? I don't use WordPerfect, but I understand that program automatically (or nearly) eliminates the metadata.
Do you know how to use styles, tables, and other formatting techniques to process your documents?
Do you know how to use your word processor's comment/change tracking features to collaborate?
Do you know how to remove metadata from an Adobe PDF?
Er...Do you know how to create a PDF document?
Do you know how to create a PDF "package" of documents to send to other people?
Can you use Acrobat's redact features to remove information from a document?
Do you know how to send a fax? Do you know that you still need to dial long distance (i.e. add country code plus area code) when sending a long-distance fax?
Do you know how to send an email?
Do you know how to attach a file to the document?
Do you know how to burn a CD?
Do you know how to use social media?
What are some of the popular note-taking programs?
Do you know how to research case law without LexisNexis or Westlaw passwords?
Do you know if your state publishes cases and court dockets on a centralized system? FYI, Oklahoma has OSCN that offers Oklahoma cases and court dockets.
Do you know how to use your state's online case systems?
Do you know how to backup your system?
Do you know how to use the internet for more than checking Facebook and playing games?

As you can see, the number of possible, and simple, tech questions could continue. The fact though, is that law students need to start preparing themselves to deal with these types of programs.

One of the easiest ways is to actually purchase the program, and use it. Many companies offer discounts for students. These prices are for full versions of the program. Note, there are some restrictions on using the program, so check the licensing agreement. Some schools freely distribute the programs to their students under their educational licensing agreements with the manufacturers. This could save you hundreds of dollars.

My hope is that you'll take your educational experience to the next level. Law school gives you the academic information you'll need, but you're going to need to rely on yourself for the techno-know-how.

Google Places

2010-09-16T04:12:00.000-05:00

I don't market my law firm anywhere else but on the internet. Sure, I have the obligatory white pages listing I get when I installed my office line, but that's so indescribably boring that it's hardly worth mentioning.

What has been the true "make it, or break it" marketing maven is my firm and personal listing on Google. I've discussed the benefits of Google, and how my listings on Google influence the types of cases I want to develop. When I ask people how they got my information, "the internet" or "Google" are the two most common responses.

Well, now Jay Fleischman has delved into helping you create and utilize Google Places to your marketing advantage. Jay has two posts, here and here, which effectively and succinctly describe what Google Places is, and how to take advantage of the Google behemoth, all for free.

One of the keys that Jay suggests, which I think is the money quote, is get a separate Google account. I didn't do this when I started my firm's marketing scheme, and frankly, it didn't even cross my mind. Now however, the separate account would be nice. The problem I've realized is that have your marketing connected to your private account will create headaches in the future, i.e., what if you want to sell your business? Your public marketing efforts are intricately tied to your private account. It's unseverable without fully transferring my private Google account. The easiest thing to rectify this problem: get a Google apps account for $50 per year.

Other than that small glitch, I love (as I've gloated before) seeing my names in the 1 and 2 spots on the Google search page. Even more thrilling is that my names come before the BigLaw firms who have mucho denaro to market with.

Influence of Blogging

2010-09-13T05:06:00.000-05:00

Kevin O'Keefe, author of Real Lawyers Have Blogs, turned me on to a great survey that in-house counsel use to rank the importance/competence of outside counsel to hire.

Kevin notes that from those surveyed, 27% noted they used blogs as one method for vetting potential hires. His article continues to highlight the importance of blogging, its usefulness, and its influence in the future. Kevin even makes this profound comment, which I whole-heartedly agree with:

Ask any lawyer who publishes a good topic centric blog and they'll tell you that their speaking opportunities have increased dramatically with blogging. Blogging lawyers are also likely to tell you of their blog posts being re-published as articles and of increasing requests for them to write articles.

However, one of the things I think Kevin missed (perhaps it's because his blog is focused on getting lawyers blogging), is result number 6, "Twitter feeds from lawyers." This ranked in at 22%. I think, like blogging, Twitter is an effective way to get your message out, in short bursts. Although admittedly, Twitter provides less of a useful marketing scheme than blogging, the Twitter feed is a mechanism to show others that you have some personality, besides being a lawyer.

If you're not blogging, I encourage you to immediately start. It's easy, educational, and can be a good source for new business.

Would You Trust a Law Professor to Represent You

2010-08-24T05:05:00.000-05:00

I had many good law professors in school. I also had many bad ones. I don't necessarily think they were bad in the sense they didn't know their material. Rather, like this article posted by the Law Librarians shows, the professors often focused too much on the minute theory, and not enough on the practical application.

I tend to agree with Mr. Newton's criticisms of law schools, since I generally believe that most law schools fail to adequately prepare their students for legal work. I believe far too often, too many students have to learn "lawyering" in the "school of hard knocks." Moreover, I think the law schools' focus on academia, versus practicum, does an even greater disservice to the students in leading them to believe that the grades will catapult them to greatness. The truth is, even the brightest star dims in the sunshine.

Many students I see, I suspect because of the B.S. they're fed in law school, believe that they're commitment to academics is more important than their law work involvement. For instance, I recently sought to hire a part-time law clerk from my alma mater (you may want to check out an earlier post regarding a similar experience). I solicited, and received, a number of qualified resumes.

The problem was, I saw a great number of "silver spoon" candidates who demanded I accommodate particular school schedules, routines, etc., when I hired them. Some seemed to expect this favorable treatment because of some high grade or recognition in law school, despite the fact they lacked any notable legal experience. In fact, one applicant went so far as to say that they were available to work only Friday and Saturday - I thought only BigLaw lawyers worked Saturdays or Sundays if they didn't have to?

I took two jobs in school, which I think benefited me tremendously, in both experience and with practical lawyering skills. I worked for free, as a pro bono volunteer, then I worked for a solo practitioner. The first firm taught me the meaning of doing justice, which led me to reconsider my decision to become "not a lawyer."

At my second job, I saw how hard work, dedication, and common sense, can make a skilled attorney. The firm expected me to work a regular schedule (meaning be there when the other guys/gals are), and to dedicate the time necessary to close cases, and ultimately make money for the firm. Honestly, during the last year of law school, I dedicated more time to my job than to my studies. What I recognized was that actually doing the stuff I'm learning about, was more important than learning about stuff I could be doing.

The problem is, many law students (again, I think because of the schools) believe their lives are paved in BigLaw. The truth though, is that many BigLaw dreams end up in tattered shards of unemployment, or ill-equipped solo practitioners, who struggle to survive.

Paperless Office

2010-08-10T07:01:00.000-05:00

There's a couple of really great articles out there about improving your law office with a move to digital files.

Jim Calloway, Director of the Oklahoma Bar Association Management Assistance Program, has a great article this month discussing the importance of using digital files.

My firm went digital from day one, and with the advice of several people at Solosez, I ditched the actual paper copies to the files as well.

The greatest benefits have been increased productivity and efficiency. As Jim suggests, I no longer rummage through the paper file looking for that letter or medical report. Everything is on my digital system, and available to all of my staff.

I use a simple naming and sorting system that I think is easy to remember and use. My biggest rule is if it isn't scanned, it doesn't exist or it never happened.

I purchased a fairly inexpensive Dell multifunction printer/scanner, which runs multiple functions, saving space and money. There's a lot of hype about the ScanSnap scanners, but I haven't tried them.

One of the hardest things for me to appreciate was that no matter what you tell yourself, you don't need the file. My biggest hangup was that I would "need" the file for court. That simply isn't true, or is limited to a few instances. However, in the 6 months since my move, I have never needed the entire file. For hearings, I print out the document(s) I need to refer to, and head out. Sure, arguably I'm "wasting" more paper, but I think I have comfort knowing that the ultimate waste is for my own benefit.

I would encourage you to get past the "need" for the physical copy, and move to the digital age.

Ups & Downs

2010-07-15T01:53:00.002-05:00

Just finished my first solo jury trial. Boy, was it a disappointment. We lost, but I had a great opportunity.

We'll get them next time!

To Market Your Firm, Stay Away From The Crowd

2010-07-07T21:26:00.000-05:00

I'm a HUGE, HUGE, HUGE, advocate of finding a way to "reinvent the wheel" when you're starting/operating your own law firm. I've discussed a variety of ways you can make yourself "popular" without blowing your operating budget. For me, Google Places is big.

In today's post from Jay Fleischman, he hits this topic squarely on the head. If you're following the crowd, you're always going to be following the crowd. I like this sentence from Jay's post: "They got there first, and have more money to spend than you do." That's the quintessential point that a lot of new solos don't realize.

You have to find the new avenues and marketing mediums (right now I'm trying to negotiate a sign placement in a local burger joint), to get your name and message out.