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SmallLaw: Five Things My Mother Didn't Tell Me About Solo and Small Firm Practice

By Yvonne Renfrew | Tuesday, July 12, 2011

Originally published on June 7, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

There are many things my mother didn't tell me that I had to learn the hard way — that is, in real life. In all fairness, however, my mother was not a lawyer so I cannot hold her accountable for not better equipping me for law practice when I was starting out. Having now practiced since Moses was a baby, I impart here a few handy hints (a la Heloise) from which lawyers starting their own practices who take heed will benefit greatly over the years. However mundane or retro these tips may sound right now, you'll thank me later.

1. Your First Purchase

You won't believe me, but your most important acquisition (definitely long before Black's) should be a business card scanner — preferably a small one that you can have at hand all the time, including when you go to conventions, professional programs, etc.

DYMO, which acquired CardScan, sells a variety of these with appropriate software that capture the information printed on the card, an image of the card, and your notes. The more annotations you add to each card the better (where you met the person, anything they said of note, brief physical description, existence or name of wife or kids if mentioned) because (1) you will not remember later, and (2) this information — and more importantly this store of information — will prove invaluable over the years.

If you're smart, you will not waste any time after the meeting dropping your new acquaintances an email (or even an old-fashioned snail mail note), and then from time to time stay in touch.

Of course now "there is an app for that" since iPhones (and others) can scan cards using their camera as the scanner. Just make sure the $5 app you buy works as reliably as the gold-standard CardScan. Either way, get back to your hotel room as quickly as possible to scan each business card before you forget anything.

2. Don't Run a Paper-Based Office, but if You Do …

A. Paper Punching

Buy one (or better yet two) GBC 150-sheet Electric Punches if you can find them. You can vary the punch location, so I bought two, set one up as a 3-hole and one as a 2-hole punch to avoid the annoyance of constantly changing punch locations. When I made the purchase, I suspected I might be losing my mind — nearly $600 with tax for a hole puncher! But I often thought over the years those had been, in the final analysis, two of my most astute purchases because they permitted my small law office to prepare (including punching) expeditiously huge paper submissions, and huge trial exhibit sets, for huge cases that we could not otherwise have handled.

Other electric two-hole punches will function only to place two holes at the top of the paper (as needed for court-filing), but will not place those two holes on the long edge of the paper (as is needed for European File systems and the like). But the GBC monsters can handle anything.

Nowadays, of course, your court filings can be uploaded to a service leaving all the pesky punching and tabbing to others, but at a significant financial cost. Similarly, you can engage services to assemble (copy, punch, tab, and insert in notebooks) your trial exhibits — but again at a rather fancy price.

Those who cannot afford such services will ultimately come out way ahead by investing in the GBC monster punches or their modern day equivalents.

For those with more modest budgets, high capacity manual punches are available, such as the Swingline Heavy-Duty High Capacity Hole Punch at $264.99 from Staples. Alternatively, for 3-hole punched trial exhibits and the like, purchase pre-punched papers and (assuming you have your exhibits already imaged) print your trial exhibits onto the pre-punched paper.

B. Exhibit and Declaration Tabs

Can't tell how much money you have invested in pre-printed exhibit pages that eat up storage space and yet never seem to include all the exhibit designations you actually need?

Buy what used to be called Redi-Tags and are now sometimes marketed as Medi-Tags. Each individual tab consists of (1) an area on which you can print (yes, with your printer or God forbid type) your exhibit or declaration designation, and (2) a gummed portion which can be invisibly affixed to the appropriate page in your papers, for either bottom or side tabs. These come in various sizes (suitable for just letters, numbers, or longer "Exhibit "#" or "Declaration of "#"). Because you can print them yourself, you can always have exactly the right tabs, and your entire collection takes up just a smidgen of space in a single drawer instead of an entire file cabinet.

3. Avoid "Groundhog Day" Scanning

For those who have switched over to scanning instead of squirrelling away paper, but have not yet fully succeeded, avoid the scanner's "Groundhog Day" trap of not knowing for sure (especially in the long run) what has already been scanned, and thus repetitively scanning documents "just to be sure."

The cure is simple. Buy an inked stamp (I use one which is just a red star). When a document has been scanned, stamp it with a red star on the front. If the document is "original," "certified" or otherwise unsuitable for stamping, then stamp a small post-it with your red star and staple the stamped post-it to the front of the document.

4. In Praise of Labels

While shopping at DYMO or the like, get yourself two printers (or a DYMO Turbo, which is essentially two side-by-side label printers in a single chassis) that you can set up so that your mailing labels print out on the left, while your postage stamps (from Endicia) print out on the right.

And now for the tip that will save you the most money and grief over the course of your electronics-buying career! While you are still dropping bucks at DYMO, buy yourself yet another label printer that creates vinyl labels with peel-off backs. Then, every time you purchase a computer or other electronic device, immediately (i.e., before you let yourself sit down and play with it) print and affix a label to every single cord and other accessory and miscellaneous piece — including most importantly the AC power adapter — that came with your new toy.

That label must show the name of the main product to which this piece is appurtenant, and its function. And do not forget to label the main gadget, including its serial number, and other essential information. This regime is the only cure known to man or woman for the calamity that will ensue when you move or otherwise need to store and later re-connect equipment.

5. Your Own Private Law Library

When conducting legal research on a particular point, I often stumble across really fabulous authority for other and different points which are likely to arise, either next Tuesday or a year from next Tuesday. For a while I deluded myself into believing that I would be able easily to find these authorities again. Not so — and especially not if the point appears nested in language that contains few distinctive words providing fodder for a future search. And even when I could find the desired authority again, it was only with the expenditure of significant additional time.

I constantly express thankfulness in my prayers for the day that it finally hit me that I should create a special directory that I could treat as my own personal law library (e.g., \LEX). Now I don't know about you Westlaw folks, but on Lexis.com I can download and save the single case authority containing my newly discovered nugget, and can do so without interfering with my ongoing research on the original point.

So now I save that little gem of authority while I have it in front of me. But think through and adopt a naming convention for your collection of downloaded cases, the idea being that you should make them easy to find by a simple file-name search when you need to locate "that great case that held X" or which "dealt with procedural scenario Y."

Now I am not, of course, talking about saving cases saying that it is possible to demur to a complaint, but rather cases (and statutes) which either (1) deal with points which have a high recurrence rate in your practice, or (2) which might prove difficult or even impossible to find again in the future. Even so, my own "private library" now contains over 3,500 cases and statutes.

Once again — you will thank me later.

Written by Yvonne M. Renfrew of Renfrew Law.

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.

Topics: Copiers/Scanners/Printers | Furniture/Office Supplies | Gadgets/Shredders/Office Gear | Law Office Management | Legal Research | SmallLaw

Law Firm Gives iPads to Clients Plus 90 More Articles

By Kathryn Hughes | Monday, July 11, 2011

Coming today to BlawgWorld: Our editorial team has selected and linked to 91 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

The Four Basic Technology Needs of all Law Firms

Is iPad 2 Great or Do Android Tablets Just Stink?

Merger Winds Blow Stronger for Small Law Firms

Using Email Newsletters to Market Your Law Practice

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.

Topics: BlawgWorld Newsletter | Coming Attractions | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Law Office Management

Where to Find Clients; Reviews of Plantronics Voyager Pro, Bank of America Payroll, LastPass; How to Use Three Monitors

By Kathryn Hughes | Friday, July 8, 2011

Today's issue of Fat Friday contains these articles:

Clark Stewart, How I Find New Clients for My One-Year Old Solo Practice

Keith Collins, Review: Plantronics Voyager Pro and Other Bluetooth Headsets

Thomas Yocis, Review: Bank of America Payroll Processing

Tom Raftery, How I Use Three Monitors (Two 22-Inch and One 20-Inch)

Brad Bayliff, Review: LastPass for Password Management

Don't miss this issue — or any future issues.

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.

Topics: Coming Attractions | Email/Messaging/Telephony | Fat Friday | Gadgets/Shredders/Office Gear | Law Firm Marketing/Publications/Web Sites | Monitors | Privacy/Security | Utilities

Major Time-Saver for Storing Client Email; Practice Management Doubter; Reviews of SmartDraw, Voice Memos, Dragon Dictation, pdfFactory, FinePrint

By Kathryn Hughes | Thursday, July 7, 2011

Today's issue of Answers to Questions contains these articles:

Vivian Manning, How Burgar Rowe Uses Acrobat To Store Client-Related Email

Jon Lydell, Why I Don't Use Law Practice Software; Reviews Of Outlook And WordPerfect

Simon Laurent, Review: SmartDraw For Gantt And Other Charts

Cate Eranthe, Reviews Of Voice Memos And Dragon Dictate For IPhone

Henry Murphy, Review: PdfFactory And FinePrint

Don't miss this issue — or any future issues.

How to Receive Answers to Questions
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.

Topics: Business Productivity/Word Processing | Coming Attractions | Dictation/OCR/Speech Recognition | Document Management | Graphic Design/Photography/Video | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Practice Management/Calendars | TL Answers

BigLaw: Facebook Doesn't Make Sense for Lawyers, Right?

By Adrian Dayton | Thursday, July 7, 2011

Originally published on May 24, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

The prevailing wisdom among law firms regarding social media goes a little like this: "LinkedIn is a great professional network so we should have as many of our lawyers on there as possible. Twitter has only minor relevance, and Facebook we should avoid altogether." I hate these broad sweeping statements because they show little thought for how people — clients and prospective clients in particular — use these tools on a daily basis.

Facebook Is a Dinner Party, Not a Billboard

Facebook is extremely useful to help build existing relationships. Is it too personal? Absolutely. But that's the point. When you have worked with a client for years don't the relationships tend to get a little more personal? Don't you want to know when your biggest client's children graduate from high school or perform in the school play? These types of relationships are incredibly valuable and go beyond business. It is likely these people send work to you in part because they sincerely like you and you sincerely enjoy working with them.

Is Facebook the ideal place to link to your latest thought leadership blog post on the area of law in which you specialize? No. Facebook is like is a dinner party where we have invited only people we know, like, and trust. If a door-to-door salesperson rings the doorbell during a dinner party, we aren't just annoyed, we are completely turned off by his timing. Don't be that guy on Facebook — unless you want to be defriended, or worse, hidden from your friends' feed.

So What About Facebook Fan Pages?

Shouldn't your law firm have a Facebook presence? Ask yourself this: "What's the point?" Are your clients demanding to find information about you on Facebook versus your Web site or email newsletter (see my last BigLaw column)? When they are looking for their children's latest grand-baby pictures, do they also want to read about who just made partner at your law firm, or about the new office that your firm opened?

Context matters. People don't spend time on Facebook to learn about such information. Of course, exceptions to the rule always exist. Facebook has been shown to be effective in recruiting and to a lesser extent in areas of law that are more retail in nature like family law, personal injury law, trusts and estates, and workers compensation.

Marketing firms and public relations agencies promote Facebook fan pages because it is something they can do for you. However, the most valuable component of social media — sincere interaction — cannot be outsourced. It has to be performed by the lawyers themselves. Therein lies Facebook's usage case — personally connecting and interacting with people you know and like. It can help you and your colleagues stay top of mind with clients, not quite like in-person lunches or a phone call will, but in a way that is less time-consuming yet still be meaningful.

Think Friend, Not Fan

For now, most large law firms will keep using LinkedIn because it's safe, use Twitter as a purely self-promotional feed, and for the most part ignore Facebook because they aren't quite sure where it fits. Facebook makes sense for individual lawyers connecting with the people in legal departments with whom they have become real-life friends or at least acquaintances. I doubt I'll ever start "friending" the fan pages of law firms. Then again, maybe that's just me.

Written by Adrian Dayton of Marketing Strategy and the Law.

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Answering this question requires digging up some dirt, but we do with the best of intentions. Published first via email newsletter and later here on our blog, BigLaw analyzes the business practices, marketing strategies, and technologies used by the country's biggest law firms in an effort to unearth best and worst practices. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BiglawWorld | Law Firm Marketing/Publications/Web Sites

Kodak SCANMATE i920: Read Our Exclusive Report

By Neil J. Squillante | Thursday, July 7, 2011

Today's issue of TechnoLawyer NewsWire covers a new sheetfed scanner (see article below), a mobile app management system, a legal research service, a tablet computer, and a contact management and marketing application. Don't miss the next issue.

A Scanner for Automation and Legal Software Fans

How can you tell a TechnoLawyer NewsWire subscriber from a normal person? The former gets worked up about scanners, whereas the latter gets worked up about the latest plot twist on Jersey Shore. Accordingly, since you gotta know your customer, I confess to knowing nothing about The Situation and Snooki, but I know about every new scanner that surfaces. So last Friday when you were toasting Thomas Jefferson with your first Independence Day weekend beer (brewed in America I hope), I was reading a press release about and poring through the specifications of the latest scanner for the small business market. I hope you appreciate my dedication.

Kodak SCANMATE i920 … in One Sentence
The Kodak SCANMATE i920 is a sheetfed USB duplex document scanner.

The Killer Feature
The legal world is split into two camps on many fronts. Small versus large firms. Litigators versus transactional lawyers. Word versus WordPerfect fans. And in the world of scanning, those who need TWAIN and ISIS support and those who don't.

The SCANMATE i920 supports TWAIN and ISIS (WIA too), enabling you to go beyond the bundled programs and scan directly into many document management, legal, OCR, and other specialized applications.

Other Notable Features
The SCANMATE i920 has a small footprint (3.1 inches high and 4.2 inches deep), and weighs 2.7 pounds. At 200 dpi, it scans duplex at 15 pages per minutes for color and 20 for black and white. You can scan at resolutions up to 600 dpi. The automatic document feeder holds up to 20 sheets of paper of varying sizes.

The scanner automatically rotates, straightens, crops, brightens, and skips blank pages. You can output scans in PDF, TIFF, JPEG, RTF, and BMP formats. The bundled OCR software can create searchable RTF and PDF files.

The SCANMATE i920's Smart Touch button enables you to automatically route scanned documents. You can configure up to nine functions such as email, print, file, etc. Smart Touch integrates with any application such as Microsoft SharePoint. It can also automatically name your scanned documents.

What Else Should You Know?
The SCANMATE i920 works with Windows PCs. Kodak's MSRP is $395 though a quick search shows it selling as of today for as little as $310 from reputable retailers. Learn more about the Kodak SCANMATE i920 Scanner.

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.

Topics: Copiers/Scanners/Printers | TL NewsWire

How to Prepare for Shortened Litigation: Mediation, Settlement Conferences, and Expedited Trials

By Kathryn Hughes | Wednesday, July 6, 2011

Coming today to TechnoFeature: You may enjoy litigating but your clients don't. You see a chess game. They see bills. Expedited litigation offers a happy medium. Mediation and private trials conducted by retired judges have existed for a long time, but they're not always ideal. Led by California, states have begun exploring expedited one-day jury trials. According to complex litigation and class action trial support consultant Ted Brooks, the less time you have in court, the more time you need to prepare. In this TechnoFeature, Ted explains how to lay the necessary groundwork, technology and otherwise, for all forms of shortened litigation. Trial presentation aficionados take note.

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.

Topics: Coming Attractions | Litigation/Discovery/Trials | TechnoFeature

LAW PreDiscovery: Read Our Exclusive Report

By Neil J. Squillante | Thursday, June 30, 2011

Today's issue of TechnoLawyer NewsWire covers software for processing electronic documents and creating load files (see article below), two online document storage and sharing services (one no frills and simple, the other with lots of features), an iPad app for trial presentations, and an IPad app for document review. Don't miss the next issue.

Process and Cull Scanned and Electronic Documents Faster

Listen up because you're about to learn everything you need to know about electronic discovery in a few hundred words. Step one involves collecting the discoverable data from the cast of characters (custodians/witnesses) who work for your client. This task is best handled by an expert who will create two forensically-sound copies of the data (think CSI except for data — the pros know how to prevent spoliation). One copy goes into a safe. The other copy gets sent to your law firm. Now that you've got all this raw data, how do you process it so that you can find all the privileged and relevant documents?

LAW PreDiscovery … in One Sentence
LexisNexis' latest release of LAW PreDiscovery enables you to process email and other electronic data collected for discovery faster, and convert it into a load file for Concordance and other litigation review platforms.

The Killer Feature
Processing data is like manufacturing. You start with raw ingredients and end up with a finished product. Accordingly, technology can have a dramatic impact.

LAW PreDiscovery's new Distributed ED Loader automates the creation of load files. It automatically detects the LAW PreDiscovery licenses on your network, and sends them data to process. You no longer have to manually assign jobs. Using the Management Console, you can monitor the various jobs. If a queue develops, you can assign priorities or purchase more licenses to speed up the processing.

Other Notable Features
LAW PreDiscovery removes duplicates, extracts metadata, uncompresses ZIP files, preserves email threads and attachments, and converts native files to TIFF format. You can take advantage of LAW PreDiscovery's search and OCR capabilities to cull obviously irrelevant material before creating a load file.

The new release of LAW PreDiscovery also features language identification. Thus, you can quickly see all the languages used in the data you've collected so that you can start recruiting the appropriate contract lawyers or translators for the document review phase that follows the processing phase.

You know about metadata, but what about hidden text? You're more likely to find a smoking gun in the latter. LAW PreDiscovery's new Hidden Text Detection technology identifies this material in Microsoft Office documents — for example, text inside shape controls as well as hidden paragraphs, spreadsheets, columns, cells, slides, etc. Documents with hidden text that appear in search results will contain a tag at the top alerting your document reviewers.

What Else Should You Know?
LAW PreDiscovery's revamped interface seeks to minimize the amount of training needed. As you would expect, LAW PreDiscovery works seamlessly with Concordance, but because it employs the EDRM standard, it creates XML load files for many competitive review products as well. Learn more about LAW PreDiscovery.

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.

Topics: Litigation/Discovery/Trials | TL NewsWire

Ultimate Guide to Multiple Monitors; Tips for Acrobat and HotDocs; Windows Live Mesh Review; Voxie for iPhone Dictation

By Kathryn Hughes | Thursday, June 30, 2011

Today's issue of Answers to Questions contains these articles:

Yvonne Renfrew, Everything You Need To Know About Multiple Monitors

Roy Greenberg, Acrobat 9 Tip: Viewing Documents With An Odd Number Of Pages

Mark Deal, Review: Windows Live Mesh For File Synchronization

Ian Page-Echols, Voxie For IPhone Dictation

Bart Earle, Tip: Using HotDocs For Online Document Creation By Clients

Don't miss this issue — or any future issues.

How to Receive Answers to Questions
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.

Topics: Automation/Document Assembly/Macros | Business Productivity/Word Processing | Coming Attractions | Dictation/OCR/Speech Recognition | Laptops/Smartphones/Tablets | Monitors | Networking/Operating Systems | Online/Cloud | TL Answers

SmallLaw: The Inside Story About How Activists Fought to Keep the ABA Model Rules Out of Your Web Browser

By Donna Seyle | Wednesday, June 29, 2011

Originally published on May 31, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

In September 2010, the ABA's Commission on Ethics 20/20 set into motion a process that could have negatively impacted the ability of sole practitioners and small law firms like yours to compete with the Legal Zooms of the world, which are not bound by the Rules of Professional Conduct. Fortunately, activists within the solo and small law firm community have fought for your right to compete on a level playing field. Herein lies their story thus far, which I will continually report on here in the SmallLaw newsletter.

Creation and Purpose of the ABA's Commission on Ethics 20/20

In early 2009, then-ABA President Carolyn Lamm appointed the Commission, asking that it investigate ways to enable American lawyers to compete with legal providers in other countries while continuing to protect the public and the core values of the profession. At the time of its creation, Robert Mundheim, the Chair of the Standing Committee on Ethics and Professional Responsibility issued a memorandum to the Commission's co-chairs, Jamie Gorelick and Michael Traynor, asking them to consider additional points, one of which was the impact of further regulation on the solo and small firm segment of the legal profession (the largest and fastest-growing segment), and lawyers in rural and remote areas.

The purpose of any revisions to the Model Rules would be to identify and address the expanded opportunities for ethics violations resulting from the adoption of newly-emerging practices, such as cloud computing or legal process outsourcing. What resulted was an either a perceived or real effort to increase regulations on law practice by revising the Model Rules related to confidentiality, competence, conflicts of interest, and other ethical obligations.

As reported in BlawgWorld, on September 20, 2010, the commission released the first two of their initial papers:

For Comment: Issues Paper Concerning Client Confidentiality and Lawyers' Use of Technology

For Comment: Lawyers' Use of Internet Based Client Development Tools

The papers requested comments on both the form and substance of how the Commission could extend the protections of the Model Rules to current practices, offering such ideas as imposing an obligation to negotiate the terms and agreements with Web application vendors and making the assumption that cloud computing "is arguably a form of outsourcing." The Commission concluded that "lawyers must take reasonable precautions to ensure that their clients' confidential information remains secure" and that the goal is to "identify the precautions that are either ethically necessary or professionally advisable."

With respect to online client development, the Commission examined ethics issues arising out of four common online methods of client development: (1) social and professional networking services (such as Facebook, LinkedIn, and Twitter), (2) blogging, (3) pay-per-click advertising (e.g., Google AdWords), and (4) law firm Web sites.

On September 29, 2010, the Commission also announced that a public meeting would be held in Chicago on October 14, 2010. If you wanted to attend and present, supporting papers were due October 4, 2010. Given the short notice, solos and small firms found themselves at a disadvantage. As a result, only five witnesses signed up to testify — one law firm, one representative from the Legal Marketing Association, and three vendor representatives.

Reactions From the Solo and Small Law Firm Community

Immediately after the release of the Commission's papers, Larry Bodine, an authoritative legal marketer, proclaimed Red Alert: The ABA Wants to Regulate Online Lawyer Marketing — citing the deleterious effects of increased regulation on law firm marketing.

At MyShingle, solo evangelist Carolyn Elefant sounded the alarm too. "[T]his is a critical time for solos and small firms to step forward and make our voices heard," she wrote. "We cannot allow vendors and marketers to dominate this rulemaking; we need to let the Commission hear from real lawyers in real practice."

These rallying cries did not fall on deaf ears. The information circulated throughout the legal social media community. Stephanie Kimbro (creator of VLO, a Web-based practice management system acquired by Total Attorneys) railed against the whole idea that anyone would think the review was necessary ("The basic principles are there and easy to comply with.")

At the same time, the lack of solo and small firm representation at the public hearing, and concern that members of the commission lacked an adequate understanding of technology, led Carolyn Elephant to conduct a teleseminar to educate small firms and emphasize the importance of activism on the issues.

Carolyn also combined a 300-page collection of comments by lawyers, associations, and service providers in response to the issues paper, voicing a wide array of opinions.

Jack Newton of Clio, Richard Granat of DirectLaw, Larry Port of Rocket Matter, and David Dahl of Total Attorneys — Web-based practice management competitors that had recently joined together to form The Legal Cloud Computing Associationsubmitted a joint paper in response to the Commission's call for comments. They recommended the creation of an online educational resource for lawyers (identifying measures lawyers could take to comply with Model Rule 1.6), and refuted the idea that using Web applications should be considered outsourcing.

If the ABA hadn't been paying attention before, it had no choice given this response.

The ABA Listened! They Really Listened!

On May 2, 2011, the Commission issued its Initial Draft Proposal — Technology and Confidentiality — to the Standing Committee on Ethics pending comments received by July 15, 2011.

Carolyn Elefant shouted on her blog, They Listened, They Really Listened!

The Commission proposed four actions:

1. The ABA Center for Professional Responsibility should work with relevant entities within the Association to create a Web site providing the most current information on client confidentiality.

2. Two of the ABA's working bodies should centralize their data and collaborate on their efforts to provide updated technology-related resources.

3. An amendment to Comment [6] of Model Rule 1.1, making it clear a lawyer's need to have a basic understanding of technology's benefits and risks.

4. An amendment to Model Rule 1.6(c) to clarify that lawyers have a duty to take reasonable measures to protect client data.

Jack Newton believes the proposed actions represent Increasing Clarity on the Ethics of Cloud Computing by being tool-neutral to accommodate for the inevitable evolution of technology systems.

In Clouding the Issue, Mary Grady observes that Commission member Frederick Ury said the recommendations strike a balance between the legal profession's need to tap the benefits of technology while protecting clients.

Don't Let Your Guard Down

We're still in the early innings regarding emerging law practice trends such as alternative business structures, multi-jurisdictional practice, and virtual law firms — not to mention the final verdict of the Commission. All of these trends concern solos and small firms in their efforts to compete in an increasingly globalized legal marketplace. I think it wise that the rules be reviewed in light of these new trends, but I hope the Commission's adoption of an "educate, don't regulate" approach continues, as it is the only reasonable path.

As Solo Practice University founder Susan Cartier-Leibel states, "The Rules are the Rules. We have to comply with the same rules of professionalism regardless of what the media is." Stephanie Kimbro advises that the legal community stay engaged. "My impression is that the ABA realizes that their membership has changed dramatically as solos and small firms are now the growing majority of legal practitioners. I think they understand that they have to address this more than they have in the past. That said, it's important that solos and small firms continue to provide the Commission with their comments and feedback throughout this process and make sure that any proposed changes to the Model Rules have the solo and small firm perspective."

Staying involved in the Commission's work during this process is essential as the future of law practice becomes the present. Your involvement will also enable the ABA to learn more about the needs of the profession it serves, and encourage it to continue development of tools and resources to support the solo and small firm segment.

Donna Seyle is Content Manager at JD Supra.

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.

Topics: Law Firm Marketing/Publications/Web Sites | Law Office Management | Online/Cloud | Practice Management/Calendars | SmallLaw | Technology Industry/Legal Profession
 
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