TechnoLawyer

Originally published on October 26, 2009 in our free SmallLaw newsletter.

When I'm on the road speaking, people most often ask me about practice (case) management systems. Practice management systems focus on tying everything together. In doing so, they integrate with various other programs on the typical law practice computer system: billing systems, word processors, document managers, email accounts, and more.

As we approach the end of the first decade of this century, a growing number of law practices can finally achieve the "holy grail" of practice management systems — a single point of entry for all client and case file information. Below you'll find some of my favorite tips (or "hacks" in the SmallLaw vernacular) for pushing the practice management usage and integration envelope.

1. Does It All Connect?

Check all your key software systems for the ability to integrate with your practice management system. Most practice management systems tightly integrate with Microsoft Outlook, enabling you to tie email messages sent and received (and attachments) directly to client files. Most can also integrate with document management systems like Worldox, enabling you to connect every document created, received, scanned, etc. to client files.

Also, before you sign your life away on a new smartphone contract, make sure you understand how it will sync with the software you currently have or plan to implement. It does you no good at all to buy a shiny new BlackBerry Storm only to find that syncing requires two steps using Microsoft Outlook via some version of BlackBerry Professional or Enterprise Server. Or that your new iPhone can only sync in real-time with your practice management system via Outlook's ActiveSync system, which requires a Microsoft Exchange Server.

Regularly check the practice management program vendor's Web site for any updates and patches. Staying up to date will keep the links to all the integrated software you use in good working order.

2. Automate Your Time Entry

Enter all your time and your to-dos in your practice management system. Not only will you stay on top of all aspects of your open files, but it will also make it more likely you'll bill all your time, rather than have those little "tenth-ers" dribble away. Many practice management systems can then either automatically (or semi-automatically) convert to-dos, calendar entries, and case notes into time entries — automatic is good!

3. Save and Make Money With Your Smartphone

Most professional liability insurance companies still require duplicate calendars. Check with your carrier to see if using a smartphone's calendar that syncs to your practice management system will count as calendar number two.

And since you'll always have your smartphone with you, enter time on the road. Many legal billing systems offer handheld time entry capability directly or through add-on services like MonetaSuite, AirTime Manager, or Proximiti WorkTRAKR.

4. The Backup of Last Resort

Do you have my ultimate backup plan in place? If not, your smartphone may save you more than money. Using a smartphone or synced laptop/netbook is also a mini "better than nothing" backup for your practice management program. Keep your device with you and not at the office to safeguard your data.

5. Get the Right Training

Learn how to actually use your practice management and billing programs, the links between them, and how they interact with your portable tools: smartphones, laptops, netbooks, etc.

You could read the manuals yourself, but consider professional training as an alternative. Be very picky and selective about who trains you.

If you were accused of a serious crime, would you hire a first year wet behind the years criminal law rookie to defend you? Of course not — you'd hire the best criminal defense lawyer you could afford. Why wouldn't you take the same approach in finding and hiring a practice management system consultant/trainer?

Your practice management system will interweave itself into the very fabric of your practice. Allow plenty of time for implementation, training and learning. It won't happen overnight but is well worth the time invested.

Any practice management system, properly selected, and well implemented, will give any firm a sizable return on investment. But the converse is also true however — a poorly selected, badly implemented practice management system will become a sinkhole into which you pour otherwise billable time. So get it right!

Written by Ross Kodner of MicroLaw.

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Originally published on October 26, 2009 in our free BigLaw newsletter.

Traditionally, there exist but two options for lawyers who want to work in the private sector: law firms or in-house. But modern times call for alternative careers. Fortunately, the Internet can lend a helping hand. Online legal publishers offer a career path especially suited to those attorneys who want to use their JDs but get out of the rat race.

Sharon Makower is one such attorney. She spent three years at Willkie Farr & Gallagher as a securities and M&A associate, racking up more and more billables and seeing less and less daylight. She left Willkie for Kramer Levin Naftalis & Frankel where she eventually transitioned to part-time to take care of her children.

However, Sharon found that fast-paced deal work did not lend itself to her reduced schedule, so after nine years she departed for Cablevision's legal department. As associate general counsel at Cablevision, she thought she would enjoy those mythic in-house perks: challenging work with a 9 to 5 schedule. Reality set in when Sharon discovered that her in-house job was full-time plus an hour commute each way.

"Cablevision was a terrific place to work, but I still didn't have a work-life balance," says Sharon. "At the time, I thought my only options for a flexible schedule were staying at Cablevision and seeing what happened, or going back to a smaller firm."

A Practical Alternative Surfaces

In 2007, Sharon's options broadened when a recruiter told her about an open editorial position at Practical Law Company, an online legal publisher that creates practical guidance for transactional attorneys. The job involved Sharon's areas of expertise — capital markets, corporate governance, and public company regulations. Sharon agonized over whether to take it.

"I was very much on the traditional path, and leaving an established legal employer for a job in a relatively young industry — that was scary," she recalls.

Ultimately, PLC's lifestyle and mission won Sharon over. Sharon now writes how-to guides, practice notes and model documents for PLC four days a week, and retains the flexibility to work from home as needed.

"I very much enjoyed practicing law, but I easily got over the 'thrill' of getting a call on Friday for a deal signing Monday. If I can distill my experience into something straightforward that lawyers can use, that's pretty rewarding."

Benefits and Compensation Aplenty

Legal publishing jobs, of course, don't pay salaries commensurate with those of large firms, but the money is nothing to sneeze at. Publishers such as PLC, Westlaw, LexisNexis, and Bloomberg recognize that to attract and retain top talent, they must approximate, in some way, law firm compensation. Salaries for editorial/analyst attorneys at LexisNexis and Westlaw reportedly start around $70,000 and up, depending on job function and seniority. Roles that require more significant practice experience can pay much more.

Despite the flexible schedule and competitive pay, online legal publishing is not right for every attorney. Those who live for the "thrill of the deal" will miss the adrenaline rush of day-to-day practice, and junior attorneys may not have enough practice experience to inform their work. Applicants for editorial/analyst positions also require an especially rare talent among attorneys — plain English writing skills.

"Legal drafting is a different skill than regular writing, and my job involves both," says Sharon. "For lawyers, it can be tough to break the 'why use three words when ten will do' habit, but it is a necessary skill if you're going to succeed at this job."

And if Sharon hadn't discovered online legal publishing, where would she be now? "Probably at Cablevision. I guess I would still be trying to find something that worked for me within the traditional legal model. I'm not sure it exists, though."

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Coming today to TechnoFeature: Nearly 20% of TechnoLawyer subscribers use LexisNexis' CaseMap, the popular case chronology software that marries the spreadsheet metaphor with facts and issues analysis. Of course, CaseMap has added many other features over the years. In this TechnoFeature, litigator and CaseMap user Steven Finell reviews the recently-released CaseMap 8.5. From facts and issues analysis to data entry to Acrobat integration, Steven covers everything you need to know about this litigation case knowledge management program.

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Coming today to BlawgWorld: Our editorial team has selected and linked to 58 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Review: PersonalBrain Screencast

Review: My New iPhone (Beginner Book for the iPhone)

The ACC Value Index: We're Not Worthy!

Flashy Ads Draw Clients to Florida Law Firm

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

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Coming today to Fat Friday: David Hudgens reviews Time Matters, Worldox, and PCLaw for small firms, Patrick Gann reviews going paperless with Simply Scann, Andrew Weltchek compares Phonetag with Youmail for voicemail transcription, Alan Taboada clarifies a point about Apple's MacBook Pro warranty policy, and Jeff Nichols reviews BitDefender antivirus software. Don't miss this issue.

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Coming today to Answers to Questions: Debra Bruce reviews Time Matters in a small firm, W. James Slaughter compares eFax to Vitelity, former Timeslips Certified Consultant Paul Mansfield offers some thoughts on Timeslips, John Hall explains how he archives case-related email in PDF format, and Fredric Gruder reviews RTG Bills. Don't miss this issue.

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Today's issue of TechnoLawyer NewsWire covers a document management program that integrates with scanners (see article below), an iPhone app for finding legal documents and showcasing your own, backup software for Amazon S3, an online recommendation service for technology products, and a unique gadget for mobile phones. Don't miss the next issue.

A Port of Call for Your Law Firm's Piles of Paper

Most people who buy iPods use the earbuds that come with it. But a sizable minority have more discerning tastes, and pony up for earphones that cost as much as an iPod. If the music matters, the money is well spent. A similar situation exists with scanners. Most people use the bundled software, but many law firms find this software insufficient for their document management needs. So they pony up for a more robust solution.

PaperPort Professional 12 … in One Sentence
Nuance's PaperPort Professional 12 integrates with many scanners, and helps you organize and share your scanned files.

The Killer Feature
Some PDF software makers try to make a quick buck in the legal market only to learn that lawyers are a tough crowd with lofty expectations. For example, if your PDF software doesn't handle forms, don't even bother.

Nuance got the memo. PaperPort Professional 12 includes FormTyper, which recognizes the fillable elements in scanned forms, enabling you to fill them out on your PC. You can also create your own forms.

Other Notable Features
The new version of PaperPort Professional also offers improved handling of PDF files. Nuance even claims they will look better. You'll also find improved annotation and stamping tools. You can create PDF files from any application using any PDF protocol through 1.7. PaperPort Professional also creates PDF Packages.

In a nod to law firms, PaperPort Professional integrates with Microsoft SharePoint 2003 and 2007. You can send a document from PaperPort to SharePoint or scan directly into SharePoint with the PDF conversion handled by PaperPort.

Nuance also made some under the hood improvements, boosting OCR accuracy by 42% and PaperPort Professional's overall speed by 500%. Other new features include a new tabbed ribbon interface, a "Scan Now" button for one-click scanning, a customizable Quick Access Toolbar, support for documents photographed by digital cameras, and how-to-guides for common tasks.

What Else Should You Know?
PaperPort Professional runs on Windows XP, Vista, or 7. It costs $199.99. Existing customers can upgrade for $149.99. Nuance also sells PaperPort 12 ($99.99), which has fewer features, and PaperPort Enterprise 12 for large firms. Learn more about PaperPort Professional 12.

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Coming today to TechnoFeature: Alternative fees can boost your billings and profit, but a variety of pitfalls exist for law firms that embark on this strategy. In this TechnoFeature article, lawyer and law firm management expert Allison Shields discusses these pitfalls, and explains how to avoid them using tools such as supplemental services agreements. In all, you'll find a detailed analysis of the four key components of alternative billing arrangements.

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.

Coming today to BlawgWorld: Our editorial team has selected and linked to 70 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Lexis Gets the Cloud

Quinn Emanuel Believes in CBA (Check BlackBerry Always)

What the New Law Firm Looks Like

Why It's Hard for BigLaw Associates to Start Rainmaking

How to Receive BlawgWorld
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Originally published on October 19, 2009 in our free BigLaw newsletter.

"They smile in your face. All the time they want to take your place. The back stabbers." — O'Jays, Back Stabbers

Law firms are hierarchical institutions. Your place in the pecking order is well defined. You may not be thrilled about taking orders from a particular partner, but that's law firm life, right? Besides, if you work hard and distinguish yourself, greater autonomy is sure to follow. And look on the bright side! As your career progresses, at least you don't have to take orders from self-important associates. Or do you?

Ari, The Backstabber …

Christa, an eighth-year associate at a large Washington, D.C. law firm, recently learned that, sometimes, a track record of demonstrated competence and the respect of one's colleagues (or at least those who occupy the top tiers of the food chain) are not necessarily enough to stave off the demands of a power-hungry attorney. In this instance, however, Christa's tormenter was not a temperamental partner. He was an associate — specifically, an eighth year associate. Like her.

Christa is a rising star. She is up for partnership this year, and has always enjoyed good relations with her colleagues in the firm's litigation practice group. Indeed, she considers herself "lucky" to work in an environment in which, she says, "everyone really does value teamwork, and there is a prevalent sense that we're all in it together," no matter what the project is or what it demands. So, when Christa was assigned to a sprawling new matter (in which attorneys from a number of practice groups were involved) she was somewhat surprised to find herself on the receiving end of some slightly less diplomatic treatment. Even more irksome — it was being doled out by a peer.

The associate in question was another eighth-year associate, whom we'll call "Ari." From the outset, Ari approached Christa with a degree of dismissive insolence that, she says, "wouldn't be appropriate to use with a secretary or a paralegal." On mass emails, Ari made a point of replying to "all," with messages issuing orders to Christa or instructing her to perform lowly research tasks. In meetings with other attorneys, Ari studiously ignored her input. But, Christa says, the tipping point in their (less-than-warm) relationship came after she wrote an important brief.

The firm had to file the brief by noon on the due date. Christa had put her finishing touches on the document, and was ready to send it off when, ten minutes before the deadline, Ari called her to say that he needed to see it. He directed her to send it over. The brief was filed on time without any changes. But, about a week later, when Christa looked over the brief to refresh her recollection of an argument she had raised, she noticed that Ari had removed her name from the front of the document.

Christa was furious. With a few keystrokes, Ari had deleted the proof of her considerable effort, and denigrated the importance of her rather significant contribution. Although she had done her best, until then, to let Ari's rudeness roll off her back, she finally decided to say something. But what? Pointing out a colleague's less-stellar qualities to a superior can seem petty.

Partners Know All — And That's Probably Good Enough

"I decided to talk to one of the partners in my practice group, with whom I have a great working relationship." She also mentioned her difficulties with Ari in a somewhat understated way. "I said something like, 'have you noticed anything weird going on with Ari?'" she recalls.

He confirmed her suspicions. The partner told her that he had, in fact, noticed that Ari did not treat her as an equal member of the team. The partner's theory was that, in addition to the fact that Ari certainly viewed her as competition (both were candidates for partnership), there was a "gender issue." In other words, Ari had trouble viewing a female colleague as a true peer.

The partner (who was, of course, chagrined to learn about the removal of Christa's name from the brief) told her that he intended to talk to Ari and straighten things out. She demurred. "I didn't want to make it more of an issue," she explains.

"I'm relieved to know that the partners I work with are aware of what's going on. For now, I'm determined to show Ari that we can work together. I'm hoping that, eventually, he'll have to accept the fact that I'm smart and experienced, and that other people take me seriously." In the meantime, though, knowing that the partners on the team understand her predicament helps her put up with the annoyance of Ari's disrespect.

"I also consider myself lucky," she says. "I was able to talk to my superiors with confidence, because I know that they respect me and view me as a valuable contributor. And I have a long history of working with them, so I knew that they could put this incident in context."

Christa acknowledges the difficulty of dealing with a hostile co-worker and navigating the minefield of office politics. She advises others confronting such a situation to "talk to someone you feel comfortable with," and who will give you the benefit of the doubt. "I wouldn't confront the person making you miserable directly," she warns. "At the end of the day, you all have to work together. The best way to prevail in the face of a dispute with a colleague is to be a valued by everyone else on the team. Sooner or later, their voices will drown his out."

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.