TechnoLawyer

Watch the Video

TechnoScore: 2.0
1 = Lowest Possible Score; 5 = Highest Possible Score

I like when a lawyer gives helpful information in their title. It encourages me to click on their video. Before watching the video however, I look to the sidebar to see how they describe their video. Attorney Mark Humphreys gives limited information, but still provides his phone number and Web site for easy contact.

As soon as the video starts to play, he introduces himself. I like that and he's off to a good start. "If you or your business has been harmed by a big insurance company, there's a good chance we can help you make it right." Ok, I'm listening.

"Keep in mind that insurance companies make money when they don't pay a claim." Interesting information. He then offers viewers five tips on what to do when your claim is denied. Even better. So what's the problem with the video?

Here's what I didn't like:

1. The attorney slouches during his video, giving a lackadaisical feel to his message.


2. The background color is totally washed out, providing no contrast between the attorney and the background.


3. The sound quality is not good.


4. Later in the video he's seated in front of a bookcase filled with law books -- created by a green screen, which serves no real purpose especially when the other scenes are in front of a non-descript, washed-out background.


5. The last four seconds of video are static.

This week's TechnoLawyer score comes in at a 2.0 for technical errors.

Tip #1: Sit Up!

Didn't your mother tell you not to slouch at the table? Bad posture can be easily corrected with a stool or a low back chair. It'll give a totally different feel when you're sitting up straight and projecting your message with confidence. If a client came into your office and saw you sitting like that, what would they think?

A viewer watching your video wants to see a strong and confident attorney. When you slouch, you appear as if you do not care about your appearance. (I assume that the attorney does not have a physical disability that prevents him from sitting up.)

Tip #2: Color It Up

Remember when I said not to rely on your Web video producer for your music? The same holds true for your backgrounds and your finished product. Don't be content when your producer tells you "Don't worry, it'll look great."

In the post-production phase, while editing your video, you must color-correct your video if you see the washed-out colors which are so visible in this video. If you fail to color-correct the video, you leave your viewer with the impression that either you didn't care to spend the time to correct the colors, or your editor didn't take the time to do it.

Tip #3: Make Sure Your Clothing Fits

While watching the video I got the impression that Attorney Humphrey's tie continued south for another two feet. I also couldn't see his hands during the wide scene in which he talked about his 5 tips, which gave me the impression that his sleeves were way too long. Sort of like a little kid who tries on his father's clothing.

Tip #4: Show Me Your Hands

Body language tells a lot, at least according to people who study such things. When we meet someone for the very first time, what do we typically do? We thrust out our hand to shake someone else's hand. Why? Historically, it showed that we had no weapons in our hands. Now, it's cultural.

If you don't show your hands during a video, a viewer might assume that you're trying to hide something. If you're going to use a wide angle shot, then let's see what you have in your hands.

Don't believe me? Watch the nightly news. Look at the camera shot and notice that when they shift away from a close-up head shot, they revert back to a shot that includes the hands. Keep this in mind the next time you decide to change the angle of your video shot.

Conclusion

Good try for Attorney Humphreys. He had some useful information to offer his viewer, and his title got me to click on his video. But poor use of background colors and wide angle shooting turned this video into one that needs significant improvement.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This video would probably appeal most to the locals. Mr. Humphreys has a very distinct accent, which does not get portrayed well on video. I lose track of what he is saying because of the southern accent. It is also too long."

Lawyer, journalist, and legal media consultant Robert Ambrogi says: "Apart from the fact that this guy could have played George W. in a Saturday Night Live skit, I think the video is effective at positioning him as someone a consumer could trust to take on the big mean insurance company. I wouldn't even change his slightly disheveled, hunched-over appearance, since it helps to set him apart from how his bespoke adversaries at the insurance companies would appear. One element I would change is the blank backdrop — he could have had a more interesting background and highlighted his text in a more visually effective way."

TechnoLawyer publisher and online video producer Neil Squillante says: "Mark Humphreys' effective presentation is marred by his attire and poor production values. But thanks to the preparation and thought he put into the video it's much better than most. If he regularly beats insurance companies, he should have enough money for a well-tailored suit."

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

Originally published on July 6, 2009 in our free BigLaw newsletter.

You probably know one or more casualties of the recession. Reports in the legal — and non-legal — press have described the dramatic toll the economy has taken on the legal profession, and many of us have experienced (or at least witnessed) hard times. As reported on Lawshucks.com's notorious "Layoff tracker," 10,550 people have lost their jobs at major law firms in calendar year 2009 alone.

Where do these lawyers go when their big firm jobs die? Some of them, of course, go straight to the ranks of the unemployed, where they remain for varying durations. Others are fortunate enough to benefit from tidy severance packages or firm-wide initiatives, such as the much-publicized "Sidebar" program instituted at megafirm Skadden, Arps, Slate, Meagher & Flom, which essentially pay attorneys to find their bliss elsewhere. And many graduating law students have found their start dates "deferred," with or without the benefit of a stipend (which probably comes in handy on that prolonged post-bar exam travel spree).

Still other refugees from Big Law soldier on, and eventually find another position at a smaller firm. But, while these opportunities are welcome, they often represent a stark departure from life — and practice — as it existed. The shift from a large law firm to a small or midsize shop can be an awkward, humbling, and somewhat anxiety-provoking experience … sort of like being a new associate.

Deposition? What's a Deposition?

"Dawn," a practitioner in New York, is one such attorney. After a clerkship, Dawn worked for six years as an associate in the products liability group at a large law firm. She spent her last three years at the firm managing a significant pharmaceutical case, which went to trial several months before the worst of the economic downturn. When the case ended and months passed without another (similarly sizeable) matter to take its place, Dawn was laid off.

When Dawn hit the job market, she believed that she was well-situated to find another position in litigation — a cagey veteran, with years of experience under her belt. Of course, she had been one of many attorneys staffed on the last big case she worked on, but she had significant responsibilities — or so she thought.

"I ran a huge document review and production," she says. "I prepared countless binders. I wrote memos. I worked really, really long hours. And I was a sixth year, not some wet-behind-the-ears kid out of law school. I thought I knew my stuff inside and out."

Fast forward to Dawn's new position, at a midsize firm where matters are staffed leanly and even brand new associates are expected to run their own cases, appear in court on their own matters, and handle client contact without a partner as acting as intermediary.

In her first week of work, Dawn was asked to meet with a client to go over an affidavit. "I was preparing both the affidavit and the set of forms to which it would be appended, and I knew very little about the underlying matter," she recalls. But, while she knew that she could "review the forms, look on our document management system for ideas about how to write the affidavit, and probably find a colleague to ply with questions," she found herself feeling incredibly daunted by the meeting.

The challenging part, Dawn explains, was "representing to the client that I knew what I was doing. During all those years in practice, I provided back-up. I was really good at it, but I didn't have to think about the impression I was making on the client, and whether I could inspire confidence … especially when I didn't feel certain of myself."

Dawn's sudden sense of being immersed in a brave new world wasn't limited to client contact. Shortly after her arrival, a partner asked her to handle a commercial matter, and then told her that she ought to prepare a motion to dismiss. "Go ahead and write the brief," Dawn remembers him saying. She also remembers the emotional rollercoaster ride that ensued.

"I was thrilled that he trusted me to do it," Dawn says. "Then I panicked. It was the first time I had been given a brief to write without being told what arguments to make." She fought the urge to ask, "Motion to dismiss? On what grounds?" and immediately retreated to the library to hit the books.

Similarly, a few weeks later, Dawn was told to go to a deposition with instructions to "avoid summary judgment." "I spent hours and hours preparing for what was, in fact, a very simple deposition," Dawn recalls. "I was so afraid of appearing incompetent that I probably ended up being the most prepared person in the room."

From Second Chair to Only Chair …

Having spent her career working on large, sophisticated matters (at a large, sophisticated firm), Dawn was shocked by how few practical skills she had managed to develop along the way.

"Even the most elementary tasks are challenging if you've never done them before," Dawn notes. "And there were certainly things that I had no exposure to when I worked at a big law firm, like taking depositions or arguing my own motions. But more than that, I had become accustomed to not thinking for myself."

The inability to approach cases as the decision-maker, Dawn believes, may be the biggest hurdle faced by large firm refugees who find themselves in a different practice setting, in which they are not heavily supervised by hovering partners. "As a big firm lawyer," she says, "you know that your work will be reviewed by someone else before it goes out the door. When you don't have that safety net, your ability to make judgment calls is really tested."

Similarly, she explains, being the "wing man" — even on complex matters — is a far cry from managing a case on your own. "I can't tell you how many memos and binders I prepared over the years," Dawn laments. "But I was never the one asking questions at the deposition, making the argument before the judge, or questioning the witness at a hearing. Doing those things changed my sense of what was important — radically."

According to Dawn, the most important skill to develop — or rediscover — is the ability to trust one's instincts. "As I handled more matters on my own," she says, "I was struck by how often I could spot the strengths and weaknesses in an argument, and how frequently the approach I was comfortable with was actually right. But after years of having your hand held, and never being called upon to act on those instincts, they had definitely atrophied. I've had to develop the confidence to say 'I'm right,' even when other attorneys are beating me up … and I've been surprised by how far confidence goes when you're at odds with an adversary."

The Curse of Being Perceived as "Experienced"…

"Unfortunately, as a senior associate, you don't really have the luxury of being inexperienced," she says. "If you're in your first or second year of practice, people don't expect you to have skills. They know it will take you longer to finish assignments, and that you'll ask a lot of questions."

As a more senior lateral, however, Dawn warns, "you have to be careful. Whether intentionally or not, you've sold yourself as someone with a lot of experience who will be able to do the work with significantly less oversight. There's a very fine line between asking smart questions and displaying total ignorance. It's not good, as a sixth or seventh year, when a second year is litigating circles around you."

"My advice," Dawn says bluntly, "is to suck it up and be prepared to eat some time. You can't bill all the time it takes you to prepare for something fairly basic, or to brush up on the fundamental skills that have been languishing since law school, so you need to go into it assuming that you'll take a hit for some of those hours." But, she insists, "you have to just do it. It's a worthwhile investment."

It also doesn't hurt to learn a few tricks. In addition to the traditional forms of research, Dawn says, "you have other resources." Among the most important, she found, was the "cool associate," who can be a lifesaver.

"You need to find the senior associate — and there's one in every office — who's done it all, and has nothing to prove," she advises. "They'll be a wealth of information, and if they don't view you as competition, the whole 'ego' thing won't get in the way. Or find the partner who loves to talk about his accomplishments and tell war stories. He might be a blowhard, but he's probably a great teacher, too."

And, of course, there are the basics.

"Don't be afraid to pull out your CLE books," Dawn says, "and to rely heavily on the documents in your firm's system. Chances are, the wheel has already been invented." Finally, she adds, watch and learn.

"When I went to depositions on cases I felt somewhat shaky about," she recalls, "I insisted on going last so I could watch how everyone else did things." This experience also allowed Dawn to observe the personalities of the other attorneys involved. "Sort of like a poker game," she adds.

"When I went through my list of questions," she says, "I had the benefit of everyone who had gone before me. But I also had a sense of their personalities, and I could watch the way they reacted. Even when I wasn't entirely sure of the questions I was asking, I could tell a lot from what the attorneys gave away with their body language. They had me figured for someone inexperienced, so they didn't think I'd pick up on the subtleties."

"What it comes down to," Dawn concludes, "is the ability to project confidence, go with your instincts, and be really, really observant. You're never too old to learn those tricks."

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Today's issue of TechnoLawyer NewsWire covers speech recognition software for Mac-based lawyers (see article below), a free online forms creation service, a social network for gadget enthusiasts, organization and search software for Outlook, and an iPhone app for searching patents. Don't miss the next issue.

Speech Recognition for Mac-Based Lawyers

People communicate best through spoken language. Because that's not always possible, we developed written communication. But we don't have such luxuries with our computers. Instead, we use the keyboard and mouse. For lawyers of a certain generation, typing slows them down. And even younger lawyers can run into repetitive stress injuries. PC users have long relied on Dragon NaturallySpeaking Legal Edition to address these issues, but Mac users were out of luck. Until now that is.

MacSpeech Dictate Legal 1.5 … in One Sentence
MacSpeech Dictate Legal 1.5 is a speech recognition program for Macs with a 30,000 word legal dictionary.

The Killer Feature
When you beat IBM, you know you're good. Microsoft beat IBM (Windows versus OS/2). So did Dragon (now Nuance) with its NaturallySpeaking speech recognition software.

Given that NaturallySpeaking is the gold standard, MacSpeech licensed it for MacSpeech Dictate Legal. Importantly, MacSpeech didn't license an old version. MacSpeech Dictate Legal 1.5 uses the current NaturallySpeaking 10 Legal "engine," including the same 30,000 word legal dictionary.

In short, the two products are more than just kissing cousins. They're more like fraternal twins.

Other Notable Features
MacSpeech claims up to 99% accuracy with just a few minutes of initial training required. You can create multiple profiles if you share your Mac or switch between different microphones. If the legal dictionary does not contain a word or phrase you often use, you can train it (e.g., client and matter names). MacSpeech Dictate Legal works with most documents, including those initially created by typing.

In addition to writing with MacSpeech Dictate Legal, you can also use it to control your Mac and edit documents. The software understands keyboard commands such as "Press the Key Combo Command Return." For more elaborate tasks, you can create voice macros such as "Insert Signature" to add your full email signature to an email message. For editing documents, you can select and delete words and phrases, and even pinpoint where to place the cursor.

MacSpeech optimized MacSpeech Dictate Legal to work with Microsoft Word and TextEdit. It also works with virtually all software that supports text, including iChat, iPhoto, and the iWork suite.

What Else Should You Know?
MacSpeech Dictate Legal requires an Intel-based Mac running Mac OS X 10.5.6 or later. MacSpeech bundles the VXI TalkPro Xpress USB headset microphone with MacSpeech Dictate Legal at a price of $595. You can instead order the Revolabs xTag Wireless Mic for an extra $200, the Voice Tracker USB Array for an additional $240, or the Samson Airline 77 Wireless UHF for an additional $300. Learn more about MacSpeech Dictate Legal 1.5.

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Coming today to Fat Friday: Miriam Jacobson shares her experiences as a solo for 22 years, Bryan Keenan discusses email challenge response software, Michael Gibney reviews Dragon NaturallySpeaking 10 and Nuance tech support, Eric F. Fagan reviews RTG Bills and RTG Timer, and Andrew Weltchek reviews Everglades Technologies for VoIP service. Don't miss this issue.

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Coming today to Answers to Questions: Steven Schwaber shares his advice for a successful law school experience, Jonathan Warshay provides some tips to make your PC more efficient (before you jump ship and get a Mac), Bill Baldwin reviews Acrobat Pro as a litigation support tool, Doug Jacobs reviews FolderGuard, and Michael Vranicar shares some of his firm's file naming tips. Don't miss this issue.

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Coming today to TechnoFeature: You need a new practice management system. Or do you? Before you spend thousands of dollars, spend a few minutes reading this TechnoFeature article in which practice management expert Katrina Curfiss provides a to-do list for law firms considering replacing their practice management system with a competitive product. The article explains how to create a "needs analysis score card," and addresses all the factors your score card should contain.

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Choosing Practice Management Software (Debut Podcast)

In Praise of Law Firm Layoffs

A Few Thoughts (Or Complaints) About Law Practice Sites

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

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Coming today to Fat Friday: Seth Rowland responds to Ross Kodner's Minimum Daily Tech Requirement SmallLaw series (and Ross responds), solo Fredric Gruder shares his backup routine, Bruce Kilday ponders switching from his Treo 650 to the Palm Pre, Jeffrey Koncius compares Copernic to ISYS:desktop, and Andrew Weltchek reviews Anagram. 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.

Coming today to Answers to Questions: Mark Fidel discusses the key factor when deciding between Mac or PC, Mark Deutsch provides some tips regarding a Timeslips error, Douglas Folk reviews ESET NOD32 antivirus software, Steven McNichols discusses the state of today's tech support, and Guy Mailly reviews Adobe Connect. Don't miss this issue.

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

Today's issue of TechnoLawyer NewsWire covers a new automated legal forms program for New York lawyers (see article below), an iPhone app for scanning documents on the go, a legal-specific toolbar for Microsoft Office that automates document creation, a site on which you can search for large firm client memos, and a personal knowledge management application. Don't miss the next issue.

Cut Document Drafting Time in Half

Do you draft legal documents? Would you like to reduce the time it takes to draft these documents? Here's a tip — delegate the work to someone else. Of course, someone has to do the work and that someone might be you so delegation may not work. Fortunately, an alternative solution exists — use document assembly software that contains all the forms you regularly use.

ProDoc New York Automated Forms … in One Sentence
West's ProDoc New York Automated Forms is a document assembly system that ships with a library of forms, eliminating the need to create your own.

The Killer Feature
Launching today, ProDoc New York Automated Forms joins its California, Florida, and Texas siblings in the West Forms family. West claims that these products can cut drafting time in half and also reduce errors.

ProDoc New York Automated Forms accomplishes this feat thanks to a patented document-assembly engine that enables you to create several documents simultaneously. You choose the documents you want to assemble, and then answer the corresponding questions. ProDoc New York Automated Forms then builds your documents in your word processor for final review and editing. The California, Florida, and Texas versions work the same way.

Other Notable Features
ProDoc New York Automated Forms has other time-saving features as well. For example, it saves all of the client and case data you enter for reuse in other documents you create, thus eliminating dual entry.

You can tailor ProDoc New York Automated Forms to your practice by choosing from the following libraries: Family Law, Estate Planning, Real Estate, or Office Practice (the latter includes all libraries).

ProDoc New York Automated Forms also includes forms for New York Office of Court Administration (OCA) and Surrogate's Court. You'll also find model forms created by lawyers who are experts in their respective fields. ProDoc New York Automated Forms automatically keeps these forms up to date over the Internet.

What Else Should You Know?
ProDoc New York Automated Forms includes three licenses. Each additional license costs $10. You can use ProDoc New York Automated Forms in conjunction with ProDoc Small Office Suite for an additional $25. ProDoc Small Office Suite is a practice management system that features a calendar, time and billing, client and case organization, contact management, document management, and client and case notes. Learn more about ProDoc New York Automated Forms.

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