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BigLaw: Are You Dunzo With Large Law Firms? Four Ways to Know When It's Time To Go

By Marin Feldman | Monday, July 12, 2010

BigLaw-07-12-10-450

Originally published on July 12, 2010 in our free BigLaw newsletter.

If you're a biglaw attorney, privately threatening to quit your job at least once a day is pretty much standard. And why wouldn't you? Who wants to deal with the long hours, demanding clients, and office jerks? Fantasizing about leaving, formulating exit strategies, and implementing five-year plans are as endemic to biglaw as all-nighters and free meals. Of course, threatening to quit and quitting are quite different. How can you tell when it's really time to go? Whether your inner compass is broken or you already have one foot out the door, read on to learn about the four tell-tale signs that it's time to say sayonara to biglaw.

1. You No Longer Buy Into Work-Related Emergencies

Biglaw is as famous for its "work-related emergencies" as it is for its paychecks. There are 3 am due diligence emergencies, IPO pricing day emergencies, injunction emergencies, deadline emergencies, emergency memos, panicked phone calls, phantom emergencies, and thousands of other legal crises that are just as (if not more) serious than saving lives.

If you don't believe it, or otherwise no longer feel a sense of urgency about your work, it may be time to throw in the towel. Part of surviving biglaw is buying into the self-important culture. Once you stop believing, you're on your way out.

2. You're Trying to Get Them to Fire You

Biglaw attorneys may not get tattoos or odd piercings (visible ones at least), but if you secretly want to leave, you may find yourself testing the limits of acceptable office decorum in other ways. Maybe you wear money sign earrings to work (I did once) or browse the Web too often for too long. Perhaps you leave "Regards" off of your email signature or don't bother to proof the final version of the agreement.

These aren't just signs of laziness — you're also tempting fate. Take a cue from your passive-aggressive behavior and take a hike. Don't make them fire you. Quit while you're ahead (but wait for your year-end bonus if you think you'll receive one).

3. Your Sunday Night Blues Are Killer — Literally

Very few people in the world rip off the covers on Monday mornings, do a tap dance, and then head into work beaming. Everybody dreads their job a little bit ... especially on Sunday nights when another work week looms. But if you find yourself inconsolable at the prospect of going into the office the next morning, spend half of Sunday evening trolling eBay for guns, or find yourself seriously depressed on Friday night at the prospect of having only two weekend nights left, it may be time to leave biglaw.

4. Work Is Destroying Everything, Including You

Your significant other has left you and your kids hate you. You're on antidepressants, you don't have time for your hobbies, and you've gotten fat. When biglaw has robbed you of all of your joy, it's time to quit.

Many lawyers are so wrapped up in the day-to-day of their jobs they don't realize how miserable they are. Take stock of your life. If work has left you with no room for family, friends, or meaningful extracurricular activities, it has taken over. You may think you need the biglaw paycheck to be happy, but no fancy toy or expensive vacation can make you less miserable (although science is getting close with plastic surgery). Trust me — you'll become much richer when you take a pay cut to get your life back.

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 Office Management

Special iPhone 4 Issue: Three Lawyers Report From the Field

By Sara Skiff | Friday, July 9, 2010

Today's issue of Fat Friday contains these articles:

Fred Pharis, Review: iPhone 4; How DocScanner Helped Me Settle a Case

Matt Easton, Review: iPhone 4; Looking for Some FaceTime

Aaron Rittmaster, A Geek Lawyer's Analysis of the iPhone 4 Antenna Issue

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 | Fat Friday | Laptops/Smartphones/Tablets

Email Archiving; VMWare Fusion on Two Monitors; Word Macros; Wikis for Case Chronologies; KeePass Review

By Sara Skiff | Thursday, July 8, 2010

Coming today to Answers to Questions: William Brown discusses the pitfalls of Microsoft's macros, David Service reviews Thunderbird, Harry Burris explains how to use dual monitors to run Windows on Mac, Miriam Jacobson explains how to use wikis for case chronologies, and Stephen Lander reviews KeePass. Don't miss this issue.

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 | Document Management | Email/Messaging/Telephony | Gadgets/Shredders/Office Gear | Legal Research | Litigation/Discovery/Trials | Monitors | Networking/Operating Systems | Privacy/Security | TL Answers | Utilities

LogMeIn Ignition: Read Our Exclusive Report

By Neil J. Squillante | Wednesday, July 7, 2010

Today's issue of TechnoLawyer NewsWire covers a remote control app for smartphones and tablets (see article below), an inkjet printer that circumvents traditional drivers, an online research service, an iOS calendar and task management app, and a multi-platform eBook reader and store. Don't miss the next issue.

Mobile Remote Control

LOG-5-NPP-450

Physicists have conducted teleportation experiments with photons, but we remain a long way off from instantly beaming down to Paris from New York for a croissant. Fortunately, when everything resides in the electronic realm, teleportation actually exists — and it's not expensive. In the world of PCs, we refer to teleportation as "remote control." The latest breakthrough in this area? Smartphones and tablets.

LogMeIn Ignition … in One Sentence
LogMeIn Ignition for iPad and iPhone enables you to control any PC from any Apple iOS device.

The Killer Feature
Traditionally, remote control has required a computer. In certain situations, even a laptop can prove cumbersome so there's a demand for remote control for more portable devices.

LogMeIn has answered the call with Ignition, its new universal app for iOS devices — namely, Apple's iPad, iPhone, and iPod touch. The company added iPad support in April.

"Whether it's accessing an important file back in the office while you are camping in the woods, or showing off the latest picture of the kids you have at home, the iPad with LogMeIn Ignition is the perfect combination for keeping you productive at work and at play," said Andrew Burton, Vice President, Access and Management.

Other Notable Features
The app securely stores your login information so you need not remember your password. You can control an unlimited number of Macs and PCs. Ignition supports a number of common computer functions, including moving the mouse, clicking, scrolling, and dragging, zooming in and out, keyboard combinations, and switching between multiple monitors.

The new version of Ignition features improved rendering of the screens of the computers you access. It also takes advantage of the higher-resolution display of the iPad. You should also notice better performance over both 3G and WiFi networks.

What Else Should You Know?
LogMeIn Ignition costs $29.99 on the iTunes App Store. You can use it with either a LogMeIn Free or Pro account. Learn more about LogMeIn Ignition.

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: Laptops/Smartphones/Tablets | Networking/Operating Systems | Online/Cloud | TL NewsWire

Should You Cut the Cord and Move The Cloud? Legal Practice Without a File Server

By Sara Skiff | Tuesday, July 6, 2010

Coming today to TechnoFeature: A file server can cost upwards of $22,000 plus another $7,000 per year to maintain. Should you instead keep that money in your bank account? But can your law firm conduct business without a server? In this TechnoFeature, legal technology consultant Seth Rowland explains how you can cut the cord by using "the cloud" — online applications for backups, practice management, and document management. But everything has a downside, which Seth also explores. What's his verdict on moving the cloud? Read the article to find out.

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: Backup/Media/Storage | Desktop PCs/Servers | Document Management | Email/Messaging/Telephony | Transactional Practice Areas

Printer Hate Crimes Plus 104 More Articles

By Sara Skiff | Monday, July 5, 2010

Coming today to BlawgWorld: Our editorial team has selected and linked to 87 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Microsoft By the Numbers

Letter from Apple Regarding iPhone 4

Results of a New Survey on Timekeeping

Why Anybody Can Blog, But Most People Fail

This issue also contains links to every article in the July 2010 issue of Law Technology News. 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

BigLaw: Civ Pro 2.0: Think Before You Stipulate: The Perils of Being Too Agreeable Too Soon

By Kimberlee Gunning | Monday, July 5, 2010

BigLaw-06-28-10-450

Originally published on June 28, 2010 in our free BigLaw newsletter.

The Federal Rule of Civil Procedure Rule 26(f) conference, which requires litigants in federal court to meet and confer regarding a discovery plan, has the potential to be enormously useful. Instead of making up discovery strategy as you go along — which never, ever happens, does it? — you have a duty under FRCP 26(f)(3) to discuss both the subject of discovery and how to conduct it.

Often ignored by the parties is the rule's requirement to discuss, and include in the written discovery plan submitted to the court, "any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced." Fed. R. Civ. P. 26(f)(3)(C).

What often results is a generic stipulation in which the parties appear to agree on an eDiscovery protocol, but actually agree on nothing but their mutual desire to avoid any discussion of eDiscovery. Or worse, the resulting stipulation describes a protocol for discovery of electronic information that proves unworkable and frustrating.

The Court Will Hold You to Your eDiscovery Agreement, Even If You Shoot Yourself in the Foot

The emerging eDiscovery case law indicates that courts will likely enforce the terms of a stipulation, even if doing so would unduly burden or prejudice one party — even if the rules were amended since the parties entered into the agreement.

In In re ATM Fee Antitrust Litig., 2007 WL 1827635 (N.D. Cal. June 25, 2007), for example, the parties agreed at the onset of litigation to produce electronic documents as searchable TIFF files. The plaintiff later moved to compel the defendants to comply with the then-newly-amended Rule 34, which requires electronically stored information to be produced in "a form or forms in which it is ordinarily maintained or in a reasonably useable form or forms." Notwithstanding the language of Rule 34, the federal district court declined to "abdicat[e]...the parties' agreement" regarding the form of production. Indeed, Rule 34 itself makes clear that the stated procedure for production of electronically stored information applies "[u]nless otherwise stipulated or ordered by the court[.]"

More recent opinions follow this trend of enforcing stipulated eDiscovery protocols. In In re Fannie Mae Sec. Litig., 552 F.3d 814 (D.C. Cir. 2009), the D.C. Circuit affirmed the district court's order giving the defendants sole discretion to determine the search terms used to search a third party's off-site backup tapes for responsive documents. The third party, the Office of Federal Housing Enterprise Oversight ("OFHEO") had been served with a third-party subpoena. After OFHEO's initial production, the defendants learned that OFHEO did not search its off-site backup tapes. OFHEO volunteered to do so, and entered into a stipulated order providing the defendants "will specify the search terms to be used."

OFHEO was not pleased when it learned defendants' search terms resulted in over 600,000 documents. Its efforts to comply with production of responsive documents ultimately resulted in the agency spending over 9 percent of its total budget on the project. In response to OFHEO's request for relief, the district court held OFHEO must produce all responsive documents, finding the stipulation's language was clear and provided defendants with sole discretion over search terms, and thus, over the scope of the production. Ouch.

Rules of the Road for eDiscovery Stipulations

So, what can you do when faced with the need to agree on eDiscovery protocol early in the litigation? Keep these three principles to keep in mind.
  1. Don't agree to limits on the production format for electronically stored information. Preserve your right to obtain copies of electronically stored information in its native format. You may end up deciding later that TIFF files are acceptable, but make that call later, after you've familiarized yourself with the issues in the case and the types of electronic information in the other parties' possession.

  2. Don't agree to let the other party dictate search terms. The better practice is to stipulate to a procedure in which the requesting party submits a list of search terms with its discovery requests. The producing party is then free to object, after which the parties can take any disputes to the court if necessary.

  3. Don't agree to limits on the sources of electronic information to be searched by the other parties. Opposing counsel's idea of which employees' hard drives and which backup tapes are likely to contain responsive information will likely differ from yours, especially after you learn about their information systems and key witnesses. In this vein, consider a Rule 30(b)(6) deposition about the opposing party's information systems and preservation procedures before propounding interrogatories and requests for production. For example, you may learn that Defendant uses XYZ software to track the customer complaints that are key to your case, enabling you to frame your discovery requests accordingly.
Absent fraud or duress or the other usual contract defenses, courts are reluctant to release parties from discovery stipulations. By following a few simple guidelines, you can prevent having to explain to your client that you cannot obtain key evidence for your case because you agreed that the opposing party did not have to provide it to you.

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. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BiglawWorld | Litigation/Discovery/Trials

SmallLaw: YouLaw: Lawyer Video Is All Washed Up

By Gerry Oginski | Monday, July 5, 2010

Originally published on June 28, 2010 in our free SmallLaw newsletter.

Watch the Video

TechnoScore: 0.0
1 = Lowest Possible Score; 5 = Highest Possible Score

I like the beach. I like walking the beach and building sand castles with my kids. I love the views of the water and the wildlife. Maryland criminal defense attorney John Katz uses the beach in this video as his background. He stands close to his camera talking about something, but I can't hear anything. I have to glance up at the title of the video to learn what he's talking about — something about persuasion.

I glance at the video length, 6:25 minutes, and groan. I press play hoping to hear something useful and educational and all I get is his lips moving, barely a whisper of audio, and then tons of ambient ocean and beach noise.

I then expand the description box below the video to learn what the video is about since I can't figure it out from the video. He analogizes criminal defense to war and being fearless. Okay, I get that. What I don't get is the point he's trying to make with a lengthy six and a half minute video.

To be honest, I couldn't listen to much of the video since the sound was just awful, so I have no idea whether the points he makes will help his ideal client recognize that he's the right lawyer for them.

Video Tip #1: Shooting Video Outdoors Is a Challenge

Most amateur videographers believe they can re-create great video and audio outdoors by simply taking their video camera to a nice looking location and pressing the record button. Wrong. One of the biggest problems with shooting video at the beach is wind. If you are using your built-in microphone to record your audio, you've made a mistake from which your video will never recover.

There's no way to protect your camera from the wind hitting your built in microphone. What you get is noise — lots of it.

Video Tip #2: Put a Sock on It

You need a wireless microphone. At the very least, you need a wired microphone to record your audio. Buy a wind sock for your microphone. If you've ever seen a professional boom microphone used outdoors you will see something that looks like cat fur on the microphone itself. That's known as a wind sock. I does an incredible job of cutting down the wind noise when shooting outdoors in a windy location.

Even if you choose not to put a sock on it, you still need a windscreen, which you can purchase at any audio/video or music store.

Video Tip #3: Identify Yourself

I had no idea who I was listening to. There's no graphic identifying the lawyer. He doesn't introduce himself. Rather, it's as if we're listening to his stream of thought while hanging out at the beach.

Video Tip #4: Watch Your Video Before Uploading

With the prevalence of small and simple video cameras, lawyers use their Flip, Sony Webbie and Kodak Zi8 and smartphone video cameras to directly upload their comments and thoughts right to YouTube. The problem is that they don't bother to edit the video or even to watch their video before uploading. Even you try to watch it on your tiny video screen, you can't always judge the quality.

That's why you should never directly upload online. Always pull your video into your video editor to see how it sounds in the quiet of your home or office.

Conclusion

This video earns a TechnoScore of zero because I couldn't hear anything except the wind. Next time, put a sock on your microphone, or better yet, shoot your video in a wind-protected area so viewers can actually hear what you have to say. Finally, if you're going to create a 6:25 minute video, make sure you have great content that your viewers definitely want to learn about.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "I have no idea who he is or what he does. Why? Because I cannot hear him! Someone needs to dunk him in that ocean — what a horrible idea it is to do a marketing video while competing with the wind."

TechnoLawyer publisher and online video producer Neil Squillante says: "Nice beach, lousy video. I can't hear the lawyer. Did he watch this video before uploading it to YouTube?"

Written by Gerry Oginski of The Lawyers' Video Studio.

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 | SmallLaw | Videos | YouLaw

Reviews of iPhone 4 (Including Antenna), Chrometa, X1, dtSearch; Male Lawyers Also Experience Glass Ceiling

By Sara Skiff | Friday, July 2, 2010

Today's issue of Fat Friday contains these articles:

Chris Gibson, Review: iPhone 4 Plus the Antenna/Reception Issue

Brian Byrnes, Review: Chrometa for Billing and Time Management

Robin Meadow, Review: X1 and dtSearch

Arthur Smith, Male Lawyers Also Experience Glass Ceiling

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: Accounting/Billing/Time Capture | Business Productivity/Word Processing | Coming Attractions | Document Management | Fat Friday | Gadgets/Shredders/Office Gear | Laptops/Smartphones/Tablets | Law Office Management

Syncd: Read Our Exclusive Report

By Neil J. Squillante | Thursday, July 1, 2010

Today's issue of TechnoLawyer NewsWire covers an online billing application (see article below), a new Android-based smartphone, an address book synchronization service, a time capture app for iPhone, and a free online storage service. Don't miss the next issue.

Easy Does It

Have you ever heard the expression "hopelessly complex." There's no such thing really. It just means someone is not trying hard enough. Take billing software. Much of it looks hopelessly complex, but perhaps a different approach could make it laughably simple — or at least relatively straightforward. That's the goal of an increasing number of companies building online financial applications.

Syncd … in One Sentence
Cerebris' Syncd is an online application for time and expense tracking and billing.

The Killer Feature
In The Spy Who Shagged Me, Dr. Evil clones himself — in miniature. We could all benefit from a clone of ourselves. A Mini Me might even prove more useful.

At least that's the case with Syncd. You can switch between Mini and Standard modes. Mini enables you to run timers unobtrusively while you work. Standard mode provides you with full access to all of Syncd's features.

In either mode, you can select and even create a new client and matter from the timer. In the Standard mode, you can adjust entries, and also enter time in bulk. You can also use Syncd with the companion iPhone app.

Other Notable Features
Syncd also tracks expenses. It stores vendors so that you need enter them only once. You can correlate expenses with a client and matter for cost recovery purposes.

If you need to track more details for billing or expenses than the standard template offers, you can customize Syncd. You can also assign billing rates, create access rights for various users, and more.

You create bills, expense reimbursement forms, etc. on Syncd's reports screen. Syncd remembers every report you run so that you can quickly recreate it.

What Else Should You Know?
Syncd costs $5 per user per month. The iPhone app is free. Learn more about Syncd.

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: Accounting/Billing/Time Capture | Online/Cloud | TL NewsWire
 
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