join now
newsletters
topics
topics
advertise with us ABA Journal Blawg 100 Award 2009 ABA Journal Blawg 100 Award 2008
Subscribe (RSS Feed)TechnoLawyer Feed

SmallLaw: Five Legal Technology Hacks for Small Firms

By Will Geer | Monday, August 3, 2009

SmallLaw-07-27-09450

Originally published on July 27, 2009 in our free SmallLaw newsletter.

Small firms do not have to be at a technological disadvantage compared to their multinational brethren. Those proprietary systems and bloated methodologies can actually hinder an individual attorney's productivity. Flexibility is the key to appropriately leveraging technology for a more efficient and enjoyable practice. Below I have laid out five legal technology hacks to level the playing field.

1. Texter: Save Time With Text Substitution

Texter is a free text substitution application that will save you countless keystrokes by substituting user-defined abbreviations for commonly typed blocks of text.

Once downloaded and installed, Texter resides in your system tray and integrates with any program that accepts text input (virtually any program). You'll find this tool helpful if you find yourself writing the same phrases over and over again such as salutations, addresses, canned email responses, and form letters.

For example, each time I write a form letter, I type "addy" at the beginning of the letter and my entire name and address will be substituted in its place. To begin a commonly long salutation, I type "sal."

2. Mindmeister: Conduct Legal Research and Case Planning

Mind mapping software helps you to brainstorm by appealing to both the left (colors, images, creative) and right (text, analytical) sides of the brain. Doing so facilitates better data retention, more efficient note taking, and an aesthetically pleasing graph easy for others to follow.

Mindmeister is my favorite online mindmapping application, as it enables simultaneous collaboration in real-time, creation of mind-maps via email, PDF conversion, and online storage for ubiquitous access with a Web browser. Premium accounts cost $4/month per user and add features such as unlimited mindmaps, SSL encryption, and offline editing, to name just a few. The number of viable uses is limited only by your imagination.

3. Acronis True Image: Create Clones of Your Primary PC

Few technology mishaps will chill you to the core like a complete system failure of your primary office computer. We all know the benefits of backing up important data at regular intervals. However, even though all your documents and data may be backed up, your entire operating system must still be reinstalled.

It doesn't matter if the OS is Windows XP, Vista or Microsoft's latest baby, Windows 7, reinstalling and configuring the operating system to match your pre-crash specifications can take hours. Hours that you could otherwise bill.

What's the solution? Create a clone of your entire hard drive. Acronis True Image is a Windows based disk imaging utility that will create an exact replica of your PC's current state as it was before the crash. Restoration takes minutes as opposed to hours.

4. Backup Your Google Docs With GDocBackup

Many small firm and solo attorneys use Google Documents, Google's online word processor, for collaborative document drafting.

Even though Google stores your created documents indefinitely, I like to keep a copy on a local hard drive for safekeeping. You can always download or copy and paste the Docs straight to your desktop, but that's tedious.

Fortunately, GDocBackup exists — a simple utility that enables you to quickly and easily download your entire directory of Google Documents straight to a local hard drive.

GDocBackup even gives you the option to backup and download all the files in PDF format — perfect for attorneys following fellow SmallLaw columnist's Ross Kodner's famous "Paper LESS" law office.

5. MobileTM: Access Time Matters Data on Your Smartphone

The iPhone is quickly becoming the smartphone of choice for small firm attorneys. No one can deny that it is a magnificent piece of hardware, but it does have one shortcoming — the inability to sync with Time Matters. The same is true of other smartphones. They are limited to information that Outlook can understand plus the data is not accessible in real-time unless you use a Blackberry Enterprise Server or Microsoft Exchange Server.

Enter OTB Consulting's MobileTM, covered last year in TechnoLawyer NewsWire but worth noting again. A Time Matters add-on, MobileTM provides real-time data access to your Time Matters information through your smartphone's browser without the need for an Exchange Server.

Smartphone users who previously could only access To-Do's, Events, and Contacts can access Billing Records, Notes, and Client Matters. The icing on the cake is the ability to see all records associated with a contact or client matter, a feat not capable with Time Matter's integrated syncing technology. The software is a bit costly at $400 per year for a single user and $100 extra for each additional user. Also, you can only "read," not "write" data (it's one way).

Written by Will Geer of JDhacker.

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: Document Management | Laptops/Smartphones/Tablets | SmallLaw

Onsite and Offsite Backup Plan; Local Big Box PCs; ConnectNow; Software Prices; Vivek Kundra; New Scanner Reviews

By Sara Skiff | Friday, July 31, 2009

Coming today to Fat Friday: Gary Garland shares the details of his comprehensive backup system, Bryan Morin discusses local versus big box PC vendors, Craig Humphrey discusses Adobe's ConnectNow, Ronald Cappuccio explains why legal vendors should list their prices online, and Mark Sullivan responds to a recent Question of the Week about background checks. 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.

Topics: Backup/Media/Storage | Coming Attractions | Copiers/Scanners/Printers | Desktop PCs/Servers | Email/Messaging/Telephony | Fat Friday | Law Office Management | Online/Cloud | Technology Industry/Legal Profession

Palm Centro Review; File-Naming Tips; Bates Stamping With pdfDocs Desktop; Acrobat Security Settings; Word Tables With Math Functions

By Sara Skiff | Thursday, July 30, 2009

Coming today to Answers to Questions: Walter Sanchez compares the Palm Centro to the Treo 680, Richard Wills describes his file-naming system, Kerry Carroll discusses pdfDocs Desktop for Bates stamping and more, Pamela Coleman explains how to verify security settings in Acrobat, and James Crowley explains how to create a spreadsheet in Microsoft Word. 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: Business Productivity/Word Processing | Coming Attractions | Document Management | Email/Messaging/Telephony | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | TL Answers

Docket Administrator Enterprise Edition: Read Our Exclusive Report

By Neil J. Squillante | Wednesday, July 29, 2009

Today's issue of TechnoLawyer NewsWire covers an Outlook-based docketing and court rules system (see article below), two server-based backup solutions for local area networks, an iPhone PDF reader, and an online store for household and office supplies. Don't miss the next issue.

Outlook Does Dockets and Court Rules

TL-NewsWire-CA-07-29-09-450

Law firms don't just solve legal problems for people. They also provide peace of mind by taking responsibility for deadlines ranging from trademark renewals to court filings. This responsibility poses a problem — which docketing system to use? Outlook seems like the obvious answer since virtually every law firm already uses it. But it's not really a docketing system. Or is it?

Docket Administrator Enterprise Edition … in One Sentence
BEC Legal Systems' Docket Administrator Enterprise Edition (Docket Enterprise) adds firm and practice group docket, schedule, and task management functions to Microsoft Outlook.

The Killer Feature
Although Outlook is the dominant email and calendar solution in the legal profession, it doesn't have many legal-specific features. Microsoft does not make a "Legal Edition" and probably never will.

One solution to this problem is to replace Outlook or at least use Outlook side by side with other software that offers the firm-wide docketing functions you need. Of course, you then run the risk of your staff storming your office with pitchforks.

BEC Legal Systems offers a different approach with Docket Enterprise, which transforms Outlook itself into a firm-wide docketing and calendar solution that your staff can learn to use with minimal training.

"Our software extends the value and flexibility of Outlook in a busy law firm," Laurie Danford, Director of Software Development, told us. "It provides fast performance, relational database security, auditing and customization for each practice group — all within Outlook."

Other Notable Features
Docket Enterprise is multi-directional. When anyone at your firm adds or changes calendar items in Outlook, Docket Enterprise asks if it should designate the item as personal or enter it in your firm's docket and matter system.

Those responsible for maintaining your docket will find Docket Enterprise's automation features helpful. For example, Work Plan templates automate the creation of scheduling orders, checklists, and workflows, and distribute these events to everyone's personal Outlook calendars. Updates, reminders, changes, and cancellations occur automatically.

Docket Enterprise enables you to connect people, organizations, and matters to scheduled events. Thus, you can see the schedule for any given client, matter, colleague, judge, court, etc. Litigation groups can also integrate Web-based court rules provided by CalendarRules.com.

Docket Enterprise builds upon its BEC Legal Systems' Docket Administrator Standard Edition by using CoreRelate, a SQL-based database platform. Built by BEC Legal Systems specifically for Docket Enterprise, CoreRelate is scalable and customizable thanks to a software developers kit (SDK).

What Else Should You Know?
Because Docket Enterprise works within Outlook, your colleagues can also access your firm's dockets from their smartphones. The cost of Docket Enterprise depends on the size of your firm and the options you select. Pricing starts at $125 per user and $995 for the server license. CoreRelate starts at $75 per user. Learn more about Docket Administrator Enterprise Edition.

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: Practice Management/Calendars | TL NewsWire

Review: ScanSnap S1500

By Sara Skiff | Tuesday, July 28, 2009

Coming today to TechnoFeature: The Fujitsu ScanSnap S1500 scanner aims to help lawyers go paperless. The specifications look promising — duplex scanning, fast speed, small footprint, 50 page automatic document feeder, Adobe Acrobat, etc. — but how well does it work? We asked legal technology consultant Barron Henley to test drive the ScanSnap S1500 for a few weeks and report back in this TechnoFeature. If you're considering the ScanSnap S1500, you won't find a more comprehensive review from a lawyer's perspective.

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 | Copiers/Scanners/Printers | TechnoFeature

SmallLaw: A Law Practice Survival Guide for the Involuntarily Solo

By Mazyar Hedayat | Monday, July 27, 2009

SmallLaw-07-20-09-450

Originally published on July 20, 2009 in our free SmallLaw newsletter.

If you hung out a shingle at a leisurely pace with cash reserves, strong credit, a book of business, and no regrets, dust off a copy of How to Start and Build a Law Practice by Jay Foonberg. The rest of you might want to keep reading, however. This installment of SmallLaw addresses the swelling ranks of the newly unemployed (law firm layoffs) and involuntarily self-employed (178 law schools, 40,000 graduates) who thanks to this year of breathtaking economic free-fall have decided to go solo.

Top 10 Solo Traps to Avoid …

As you read through the list below, keep these common traps in mind, as they represent the most palpable and often the most fatal blows to would-be sole practitioners:

10. Isolation, insecurity, fear.
9. High-maintenance clients.
8. Unrelenting competition.
7. Technology whiplash.
6. Employee nightmares.
5. Nowhere to turn for advice.
4. Underestimating costs (software and services).
3. Ethical quagmires.
2. Notoriously uneven cash-flow.
1. Deadbeat clients.

The Envelope Please …

By and large I've organized these tools based on cost, coverage, and effectiveness. I encourage you to try as many as you can and share your experience with your fellow solos. So let's get started.

Web Sites

The .com revolution ended over 10 years ago, so why is Web site development and hosting still a mystery? Explore free and low cost Web site resources before you agree to pay (and pay, and pay, and pay) for a site.

My Recommendations: Avvo, Justia, Template Monster.

Social Networks

When it comes to reaching prospects and other lawyers on social networks, I've lectured, written, and given presentations until I was blue in the face and worked up a whopping case of carpel-tunnel. So I guess one more mentioning won't hurt.

My Recommendations: Avvo, Twitter, LinkedIn, Facebook, JD Supra.

Blogs

Blogs developed from outlets for pure self-expression into "premium" services run by "legal blogging experts" (whatever that means). Frankly, I'm not convinced, so I split my vote between free and paid services. You be the judge.

My Recommendations: Blogger, TypePad, WordPress, LexBlog, Justia.

Software as a Service

Today you can manage complex recordkeeping, file management, billing, calendaring, task management, communications, and a dozen other vital functions on your iPhone. Ten years ago they said it would never happen, but we proved them wrong! Thanks, Google.

My Recommendations: Google Apps, Basecamp, Zoho, Clio, Rocket Matter, OpenOffice. (Bonus: Microsoft Office 2010 online next year).

Custom SaaS

In a perfect world you would only use tools suited to your practice. But the world isn't perfect. Luckily, customizable SaaS enables you to add, subtract, and modulate applications so that you don't have to pay for features you never use (Are you reading this Microsoft?).

My Recommendations: Google Apps, Basecamp, Advologix/Salesforce.com, Zimbra.

Research

Remember when the price of gas went down last summer? Remember when the cost of legal research subscriptions went down? Me neither. Even the Saudis get it so how come it costs more to review a Supreme Court decision today than it did 10 years ago?

My Recommendations: My Findlaw, Lexbe, LII (Cornell), Fastcase.

Communications

From email to instant messaging, conference calls to faxing, message management to call routing, the telecommunications market has proven to be almost as stubborn as the legal market when it comes to change. But change it has, and there are now more choices than ever.

My Recommendations: eFax, Google Voice, Free Conference Call, GoToMeeting.

Prospecting

Lawyer marketing often offends older lawyers used to a more genteel approach. Of course they didn't have to compete with 30,000 other unemployed graduates. Since you do, check out these sites designed to help you get a jump on the competition.

My Recommendations: LawFiles, Avvo, LegalMatch, Twitter (yes, Twitter).

Billing

Sure it takes money to make money. But why so much? Since the days of Red Gorilla (bonus if you remember that .com darling), Web-based billing has been the fevered dream of a madman. Or at least it was until a surge of do-it-yourself timers and time-keeping services hit the market.

My Recommendations: Tempo, Clio, Rocket Matter, Bill4Time, TimeSolv, Chrometa, MonetaSuite, Proximiti. (The last three are experimental but worth trying.)

Document Backup and Sharing

Making files ubiquitous has proven to be harder than it sounds. Limitations on bandwidth, file-size, extensions, and a variety of other factors have conspired to keep file sharing clumsy and uninspired. Luckily, you have options.

My Recommendations: Dropbox, Google Docs, Docstoc, JD Supra, Microsoft Live Office. (Bonus: Office 2010 will have a free online component.)

Collaboration

"Collaboration" sites let you display information like a Web host, share and exchange documents like Google Docs, and interact with one another like a social network. So why give them a separate category? Because most of the time these sites represent a useful compilation of features perfect for everything from ad hoc bar association groups to teams of lawyers working on a case with national scope.

My Recommendations: Basecamp, Clio Client-Connect, Groupsite, Google Sites.

Online Chat

With the aid of the ubiquitous instant messaging client, you'll never need to yell out the office door at your associates again. But you will anyway. Just saying.

My Recommendations: Google Talk, MSN, AIM.

Onward and Upward …

If I've left anything out I apologize, but I feel confident that this list should stand you in good stead, at least for now. If you have suggestions of your own please let me (and everyone else) know.

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.

Topics: Accounting/Billing/Time Capture | Backup/Media/Storage | Collaboration/Knowledge Management | Email/Messaging/Telephony | Graphic Design/Photography/Video | Law Firm Marketing/Publications/Web Sites | Law Office Management | Legal Research | Online/Cloud | SmallLaw | Technology Industry/Legal Profession

9 Legal Marketing Cliches to Avoid Plus 78 More Articles

By Neil J. Squillante | Monday, July 27, 2009

Coming today to BlawgWorld: Our editorial team has selected and linked to 56 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Windows 7: Advantages and Disadvantages for Law Firms

How Coaching and Mentoring Leverage Leadership Talent

Legal Blog Software Showdown

This issue also contains links to every article in the July/August 2009 issue of Law Practice Magazine. 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 | Law Firm Marketing/Publications/Web Sites | Law Office Management | Networking/Operating Systems

YouLaw: 9 Legal Marketing Cliches to Avoid

By Gerry Oginski | Monday, July 27, 2009

Watch the Video

TechnoScore: 1.5
1 = Lowest Possible Score; 5 = Highest Possible Score

I found this video from Morrison & Wagner while looking for a newly uploaded attorney video. I watched it once. Then twice, then three times. A few days later, I came back to it again after reading the lawyer section of my local Yellow Pages. I couldn't believe the similarities.

All the Yellow Pages ads say basically the same thing:

"Have you been injured?"
"Free consultation"
"Free parking"
"No fee unless successful"
"Over 60 years combined experience"

Get the idea? Now simply switch one law firm name with another, and guess what? Nobody would know the difference. Sure, one ad is in yellow, the other in white. Still another in color. Yes, one is 4 pages long. Another is 2 pages, and yet another is 1/2 page. I've been in this business more than 20 years and I certainly can't tell one ad from the other. If I can't tell the difference, how can a consumer looking for an attorney tell the difference?

Here's what I liked:

I like the suit.
I like the tie.
I like the crisp white shirt.
I even like his watch.
I like the clean desk.
I like that attorney Stuart Wagner introduces himself.
I like how he looks into the camera.
I like the audio.

Here's what I didn't like:

"Did you, or somebody you know, get hurt in an automobile accident, slip and fall or been the victim of medical malpractice?"

"We are here to help you."

"We have a toll free number."

"We have a combined 50 years of legal experience…"

"We are here for you."

"There's no fee unless we are successful."

"The initial consultation is absolutely free."

"Again, please call us."

"Or send us your information."

Why don't I like the video?

This video features nothing more than a recitation of the Yellow Pages cliches we hear endlessly that have been drilled into our head. This attorney has squandered the opportunity to explain to his viewer how he can help solve their legal problem. He has failed to distinguish himself from every lawyer in the Yellow Pages and every lawyer who has created a video saying the same thing.

Yes, he appears sincere, and yes, he appears like he wants to help, but he doesn't tell me how he's different.

Tip #1: Stop Talking About Yourself or Your Firm

I say this in almost every YouLaw review I write. Please, stop telling us how many years you've been in practice. Stop telling us where you went to school. Stop using meaningless cliches. Start giving a viewer a reason to call you. I guarantee that they will not call you if you keep talking about yourself.

Tip #2: Distinguish Yourself

An attorney in Cincinnati who has joined me in the Lawyers' Video Studio group on Facebook asked "How do you distinguish yourself on video?" The simple answer is to be yourself. The better answer is to explain to a viewer how you helped solve a legal problem. If your viewer has the same problem, they're more likely to believe that you know what you're talking about and contact you rather than your competitor.

Tip #3: Use a Catchy Headline

I give credit to this lawyer for using a headline that caught my eye:

Had a New York personal injury? Get NY's Top Accident Injury Lawyer!

But the use of a superlative in the headline is a no-no. Don't use puffery in your video, in your description, or in your title. You don't want consumers to view you as a salesman (or worse). Instead, you want them to view you as a legal expert.

Conclusion

I gave the video a TechnoScore of 1.5 because I like how the attorney dressed, how he introduced himself and looked into the camera, but that's it. His sidebar was filled with screaming CAPITALIZED cliches that merely recited his script. A listing of every type of accident case on the planet also didn't help. Skip the hype and tell a story.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This NY lawyer makes a fatal assumption — that all users have computers with sound. Should the assumption fail, the video would be useless. This is an easy fix. Just make sure his contact information — the name of his firm, telephone number, Web address, and specialty — appears somewhere during the ad. Otherwise, it's short and sweet (we like that!), and to the point."

Lawyer, journalist, and legal media consultant Robert Ambrogi says: "For a YouTube video to attract viewers, it should teach something. This one doesn't. It can work as a late-night TV commercial, but it sure as heck won't ever go viral. The video could also use graphics — at least the firm name and phone number. Last but not least, would someone please straighten the crooked picture frame in the background!"

TechnoLawyer publisher and online video producer Neil Squillante says: "Morrison & Wagner put about as little thought and creativity in this video as humanly possible. It contains every personal injury advertisement cliche you've ever heard. The video quality is pretty good so I'll give them that. To use the catch phrase of my favorite fictional movie critic, Jay Sherman, 'It stinks!'"

About YouLaw
YouTube offers law firms a free advertising platform with tens of millions of potential clients. But a poor video can hurt more than help. In this column, lawyer and online video expert Gerry Oginski reviews and rates the latest law firm videos. A panel of fellow experts (The Back Bench) add to Gerry's reviews with pithy remarks. We link to each new YouLaw column and all other noteworthy law firm marketing articles in our weekly BlawgWorld newsletter, which is free. Please subscribe now.

About Gerry Oginski
New York trial lawyer Gerry Oginski has created more than 150 informational online videos for his medical malpractice and personal injury practice. Realizing that most video producers don't have a deep understanding of the practice of law and what potential clients look for, Gerry launched The Lawyers' Video Studio, which provides free tutorials and video production services. If you need help producing a video, please contact Gerry now.

Contact Gerry:
T: (516) 487-8207
E: lawmed10@yahoo.com

Topics: Law Firm Marketing/Publications/Web Sites | Videos | YouLaw

BigLaw: How to Win New Clients When They Dislike One of Your Partners

By Liz Kurtz | Monday, July 27, 2009

BigLaw-07-17-09450

Originally published on July 17, 2009 in our free BigLaw newsletter.

If you've worked in a large firm, you probably think of "business development" as the Holy Grail. Play your cards right, and it's your ticket to job security, a valuable book of business, and eventual partnership (just to name a few perks). Of course, business development is also full of challenges, like finding potential clients, making an effective pitch, and actually landing the big case. Or worse.

Here's the Pitch …

As an associate, "Chip," now a junior partner at a large firm in Texas, encountered the seamier side of business development. "If you're having a difficult time reconciling the concepts of 'sordid' and 'client relations,' you're not alone," Chip says. "Believe me, it was the last thing on my mind during my early forays into client development."

The foray in question involved an in-house attorney, Cassie, with whom Chip had become acquainted through a local bar association. Eager to cultivate her as a client, he eventually invited Cassie to a gathering that he describes as "a fancy cocktail party." "The attendees were lawyers and other high-powered types," he explains, "but its vibe was slightly more ... 'festive' than the average professional conclave." Chip was soon to learn just how festive it was.

Chip knew that an important senior partner from his firm would be at the party, and he was eager to introduce his putative client. "In terms of her business generation potential," he says, "she was the equivalent of a hot date." So, shortly after arriving, he made his way through the impeccably dressed crowd, with Cassie in tow, to where the senior partner, Todd, and his wife were deftly feigning interest in a colleague's animated war story. He introduced her, they exchanged pleasantries, and the evening passed without incident.

Chip's hard work and chivalry paid off, and, not long after the party, he found himself at a meeting with Cassie, pitching his services. As his presentation to her progressed, he became increasingly confident that she would, in fact, hire him to handle her case. Aware that he was still an associate — and that she might be encouraged by the promise of a more senior attorney's oversight, Chip mentioned that Todd, the senior partner, would be involved in the case as necessary. Instead of the moderately positive response he expected — something like, "Oh, great!" or "That's good to know!" — an expression of distaste crossed Cassie's features. "Ohhh," she said, looking as though she had bitten a lemon.

Suddenly confused, Chip managed a fumbled, "Oh, um, I, um ... what the ...?" With some tactful, though persistent, questioning, he was able to get to the bottom of Cassie's reaction: Todd, it seemed, was a dog.

Strike One…

Some time after Chip had introduced Cassie to Todd and his wife at the party, Cassie had gone off to find the ladies room. She had gotten lost, and wandered down a few hallways and past some dark corners. In one such corner, she saw Todd, locked in a passionate embrace with ... someone other than his wife. Cassie admitted that, before retreating discreetly, she had observed for long enough to confirm that the receiver of Todd's affection was not, in fact, his lovely bride. "I'm happy to give you this case," Cassie told Chip, "which you've worked hard for ... but I'm not too thrilled about Todd."

"My first thought," Chip recalls, "was a heartfelt 'yuck.' My second thought was, 'Will Cassie's poor opinion of Todd be a problem in the future? That was followed by, 'Will Cassie say something to Todd if their paths cross again?' You never know how people will handle an awkward situation like that. Would she conclude that it was none of her business, and leave it alone? If she was really offended by it, would she let Todd know that she had witnessed his indiscretion the next time their paths crossed? Even more awkward, what if she met Todd's wife in another social situation? Would she feel compelled to let her know?"

The problem, says Chip (other than Todd's extracurricular canoodling), was that he didn't know Cassie that well. "We were barely acquainted at that point," he explains. "And she was a brand new client. I didn't feel comfortable delving into how — if at all — she intended to handle my boss', um ... raunchiness. I didn't want to risk offending her by asking the wrong questions or saying the wrong thing." On the other hand, Cassie seemed distinctly unenthusiastic about Todd. And Chip was, of course, eager not to be part of an awkward situation himself.

If It Stays Fair …

So, what did Chip do? "Well," he says, "I decided, in this situation, that discretion was the better part of valor. It wasn't that I wanted to protect Todd; it wasn't that I wanted to make or for that matter withhold any sort of judgment. But I concluded that nothing good could come of me addressing the situation with Todd directly. Todd made a decision to do something that was wrong — and in poor taste. If that had consequences, then so be it."

On the other hand, Chip decided that it was important for him to take a position with Cassie that made his feelings about the situation clear. "I told Cassie that I thought Todd's behavior was unacceptable, and that I hoped she wouldn't judge me, or the firm, by his conduct. It was incredibly awkward to touch on matters like sex and marital infidelity with a client, but those were my feelings. I wanted it to be clear that I didn't condone Todd's behavior."

And, Chip adds, Cassie seemed to appreciate his openness. "I'm happy to report that she is still an excellent client," he says, "and we laugh about the whole thing now. But I think that it was essential for us to address it up front and get it out there. After that, we could move on." As for Todd, Chip says, Cassie still views him with a certain level of disdain. No word on whether Todd's wife feels the same way.

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.

Topics: BiglawWorld | Law Office Management

H.R. 3200's Impact on Law Firms; TalkSwitch Review; Assessing SaaS; Push Gmail; Hiring Tips; DateBk6 Review

By Sara Skiff | Friday, July 24, 2009

Coming today to Fat Friday: Charles Tievsky reviews his TalkSwitch hybrid PBX phone system, Douglas Simpson discusses Software-as-a-Service, Robert Rice reviews Gmail on the BlackBerry, Mazyar Hedayat responds to hiring advice stemming from his recent SmallLaw column, Doug Jacobs reviews DateBk6 for the Palm OS, and TechnoLawyer publisher Neil Squillante explores the impact of the proposed payroll taxes in H.R. 3200 on successful boutique law firms. 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.

Topics: Business Productivity/Word Processing | Coming Attractions | Email/Messaging/Telephony | Fat Friday | Laptops/Smartphones/Tablets | Law Office Management
 
home my technolawyer search archives place classified blog login