TechnoLawyer Blog

Sony Vaio Z21MN Review; Practice Management Data Conversion; Grilling Discovery Service Providers; Cloud Computing Safer Than Software; Much More

Sara Skiff — 2009-11-20T18:26:38-05:00

Coming today to Fat Friday: Gerard Stubbert reviews his Sony Vaio Z21MN laptop, Paul Mansfield discusses data conversion in relation to switching practice management systems, Dominic Jaar shares some tips for choosing the right online repository for discovery documents, Craig Bayer explains why SaaS is safer than traditional software, and Stephen Hayes shares his experience using Timeslips and Dragon NaturallySpeaking on a 64-bit Windows PC. Don't miss this issue.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Reviews of Zotero, SnagIt, GoodSync, SugarSync, Time Matters, TrustFax, CiteAdvisor; Outlook Archiving Tip

Sara Skiff — 2009-11-19T16:57:10-05:00

Coming today to Answers to Questions: Doug Koenig reviews Zotero, SnagIt, GoodSync, and SugarSync, Theodore Borrego reviews Time Matters' performance and support, Frank Tesseyman reviews TrustFax, Laura Hills explains how she archives case-related email in Outlook, and George Allen reviews CiteLink (now West CiteAdvisor) for creating Tables of Authorities in WordPerfect. Don't miss this issue.

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Do you believe in the wisdom of crowds? In Answers to Questions, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The Answers to Questions newsletter is free so don't miss the next issue. Please subscribe now.

The Pros and Cons of Using SaaS Products in Law Offices

Sara Skiff — 2009-11-17T15:27:58-05:00

Coming today to TechnoFeature: There's a new kid in town — software as a service (SaaS), aka cloud computing. Many early adopter law firms have embraced SaaS, but should you? In this issue, lawyer and free thinker Jeff Allen lays down the law on SaaS. In a refreshing and unbiased look at this technology, Jeff explores the benefits and risks, and explains how to evaluate vendors and their SaaS offerings. Jeff's advice won't just save you time and money.

How to Receive TechnoFeature
Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. It's in TechnoFeature that you'll find our oft-quoted formal product reviews and accompanying TechnoScore ratings. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.

BigLaw: When Associates Bear the Cost of Cost-Cutting

Marin Feldman — 2009-11-16T20:29:29-05:00

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

"Make the client happy" has long been a law firm battle cry. Traditionally, that meant 24/7 availability, lavish steak dinners, and box seats at sports games. Grueling hours and expense accounts remain part of the happiness recipe, but today reduced legal bills are the surest route to a client's heart. However, we live in a zero sum world. Some associates learn that so-called cost-cutting initiatives come at their own expense — literally.

Going Somewhere? Didn't Think So.

In January 2009, Christine, a third year private equity associate at a large firm, booked a two week vacation for August with her husband. When a partner in her practice group staffed her on a fast-track deal in August, she sent an email reminding him of her upcoming absence. The partner advised against going.

"The official reason, stated in the email, was that this was an important client and it was an all-hands-on-deck situation," says Christine. "The undertone was that I should be grateful to have my job at all in light of the layoffs everywhere."

Up to this point, Christine's story sounds fairly typical — associate cancels trip because of work. But when Christine submitted her credit card statement for the cancelled hotel and flight for client reimbursement, the partner refused to sign it.

"He said that he never officially okayed the trip in the first place, which meant that the client did not have to reimburse me under firm policy. But it was just an excuse to get me to eat $6,700 and spare the client. This partner never okays trips because he never wants the client to be on the hook for cancellations," she laments.

You Are What You Eat

Keith, a first year litigation associate at another large firm, shares a less dramatic but no less troubling example of a refusal to reimburse.

Keith ordered a small lunch spread for a client getting deposed at noon. The deposition got cancelled through no fault of the client's, and, as usual, Keith charged the food to the client. When Keith submitted the bill for approval, the supervising partner circled the charge and wrote "personal." The firm's billing system prohibits associates from charging food services to the general office account, so Keith had two choices: ask the partner to fork over his personal charge number or pay out of pocket. We know how this story ends.

Robbing Peter to Pay Paul

Large firm associates already "pay" for their jobs in so many ways — slavish hours, an unpredictable schedule, and a constant fear of unemployment. But as Christine and Keith can attest, when associates incur legitimate work-related expenses, they rightfully expect the client or the firm to make them whole. They do not expect to pay out of pocket.

Saving the client money is a worthy goal, but shifting the burden of reimbursement to associates creates illusory savings. Firms that require associates to pay out of pocket for work-related late night cabs, food spreads, and cancelled vacations save face with clients but abuse their bargaining power with associates and destroy firm morale.

Firms that do not seek expense reimbursement from clients should allow associates to charge appropriate expenses from the general office account or clearly communicate to associates the firm's reimbursement policy in advance. Cutting client costs by shunting them to associates is not a fair solution.

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Published first via email newsletter and later here on our blog, BigLaw goes deep undercover inside some of the country's biggest law firms. But we don't just dish up the dirt. We also mine it for best and worst practices and other nuggets of knowledge. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Smart Invoice: Read Our Exclusive Report

Neil Squillante — 2009-11-16T18:00:00-05:00

Today's issue of TechnoLawyer NewsWire covers an online billing application (see article below), an iPhone app for Shepardizing, a Microsoft Word add-on for creating a table of authorities, a new Twitter feature, and a BlackBerry app that helps you find a restaurant. Don't miss the next issue.

Semi-Automatic Billing

Someday, software will completely eliminate administrative jobs. For example, if a client owes you money, your billing system will hash it out with his banking software. You will only get involved when your software cannot close the deal. You'll then pick up your holographic phone and start yelling at your deadbeat client. Well, not really because none of us will live long enough to witness such smart software. In the meantime, you can at least seek billing software with more automation than what you use now.

Smart Invoice … in One Sentence
Acumantra Solutions' Smart Invoice is a Web-based billing system.

The Killer Feature
The biggest news in billing software this year? Credit card processing. With bankruptcy filings up, suddenly those credit card fees don't seem so bad. They certainly beat not getting paid at all.

Smart Invoice has jumped on this trend. It integrates with Authorize.net, 2CO, PayPal, and Google Checkout. You can embed these payment options in the invoices you send so that clients can click and pay. Smart Invoice notifies you when it receives a payment.

Other Notable Features
Smart Invoice integrates with QuickBooks, which you can use for your general and trust accounting. You can also import client information from Outlook and other programs into Smart Invoice.

Smart Invoice offers a time tracking widget. Once you capture or enter time, you can create an invoice. Smart Invoice also handles other billing methods such as flat fees, and can add taxes and late fees.

You can customize your invoices using CSS, a simple programming language that all Web designers know how to use. You can also use domain mapping to send invoices from your own domain. In addition to emailing invoices, you can export them as PDF files or print them.

In addition to invoicing, Smart Invoice also features estimates, which you may find helpful for flat fee services. As you would expect, Smart Invoice offers a number of reports, which you can customize. Smart Invoice's API enables other companies to develop add-ons for Smart Invoice such as a desktop or mobile application.

What Else Should You Know?
You can select from three versions of Smart Invoice — Free, $14/month, and $39/month (the latter two plans don't have names). The Free plan does not offer domain mapping or PDF invoices, and limits you to three clients. The other two plans offer 25 and 5,000 clients respectively. Learn more about Smart Invoice.

How to Receive TechnoLawyer NewsWire
So many products, so little time. In each issue of TechnoLawyer NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The "In One Sentence" section describes each product in one sentence, and the "Killer Feature" section describes each product's most compelling feature. The TechnoLawyer NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

How Does Your Firm Rate? Plus 71 More Articles

Sara Skiff — 2009-11-16T17:00:00-05:00

Coming today to BlawgWorld: Our editorial team has selected and linked to 59 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

How to: Redact in Acrobat 9 Pro

Motorola Droid vs. iPhone vs. BlackBerry for Email

What Makes Laterals Run?

Have LinkedIn Groups Lost Their Appeal?

This issue also contains links to every article in the November 2009 issue of Law Practice Today. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

SmallLaw: Hello, I'm a Mac. And I'm a Lawyer. Three Lessons From Apple for Law Firms.

Mazyar Hedayat — 2009-11-16T09:00:00-05:00

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:

Does every prospect call receive the same level of attention?

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

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

Do clients recommend my services to their friends and family?

Would I sacrifice or partially refund fees to maintain goodwill?

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:

Does my practice inspire followers or detractors among clients?

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

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

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

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.

Success in the Great Recession; MobileMe and Total Practice Advantage; Macs in Law Firms; Health Care Reform; Happy Solo

Sara Skiff — 2009-11-13T10:00:00-05:00

Coming today to Fat Friday: James Reed shares the secrets of his law firm's success during the recession, Bob Leonard reviews MobileMe for syncing LexisNexis Total Practice Advantage with his iPhone, William Tait explores whether your law firm should switch to Macs, David Long shares his two cents on the healthcare coverage debate, and Harry Steinmetz has a few choice words regarding Mazy's Solo Practice Still Stinks SmallLaw column. Don't miss this issue.

Speech Recognition Tips; Sennheiser MD 431 II Review; Smart Retainers; AirTouch Desk Review; DS-500 and StartStop Review; Reduce Fax Costs

Sara Skiff — 2009-11-12T09:00:00-05:00

Coming today to Answers to Questions: Paul Tredoux reviews Dragon NaturallySpeaking and shares several tips for using it successfully, Miriam Jacobson explains how she uses retainers to improve collections and client satisfaction plus she also reviews the Steelcase AirTouch desk, Roger Massengale reviews the Olympus DS-5000 with the StartStop transcription system, and Lisa Peterson explains how she avoids paying for an expensive dedicated fax line for her home office. Don't miss this issue.

Review: Best Authority 2.5

Sara Skiff — 2009-11-10T09:00:00-05:00

Coming today to TechnoFeature: When most people finish writing a document, they're done. Not so for litigators who must create a table of authorities (TOA) to accompany every brief. Levit & James' Best Authority is a Microsoft Word add-on that automates the creation of TOA. We asked veteran California litigator and TechnoLawyer of the Year @ Award winner Yvonne Renfrew to put Best Authority through its paces in her anti-SLAPP practice. As with all TechnoFeature reviews, you'll find a detailed hands-on analysis with everything you need to know.