Coming today to TechnoFeature: Hollywood loves mentor movies. But don't count on seeing "Westlaw Practitioner" at a theater near you. Westlaw Practitioner is an online service that collects primary and secondary resources by practice area, essentially eliminating the need to create or use a law library. How well does it work? To find out, we asked Houston business and patent lawyer Al Harrison to dive into the practice areas in which he works every day as well as those in which he doesn't and report back to us. Before you take the plunge, read Al's review.
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Avvo's Top Legal Blogs list (TLB) — a ranking of the top legal blogs (blawgs) — is a textbook example of smart marketing. It provides interesting information and attracts inbound links (especially from the featured blogs).
I applaud the list in the abstract, but deplore its implementation. It strikes me as a lazy effort designed purely for marketing purposes with little to no regard for accuracy — strange for a company whose mission revolves around providing actionable information about lawyers.
Avvo's TLB has two major problems — sample pool and data source. A list by its very nature depends entirely on these two components. In other words, TLB is unreliable. It's also a slap in the face to legal bloggers, most of whom frankly need a slap in the face, just not of this variety (I'd like to see legal bloggers debate each other more often and also criticize lists like TLB).
Avvo's Sample (Kiddie) Pool
Many a blogger has no doubt wondered why their blog does not appear on TLB considering that as of today 15 blogs on the TLB have such a miniscule audience that scant data exists. And then they see the reason:
"[W]e could not include every blog we would have liked to (no subdomains or folders on non-blog sites), but we are working to change that. In the mean time [sic], if you wish to inquire about adding your blog to the list, please send an email to ..."
As you can see, Avvo admits that it does not include any blogs which exist as part of larger sites, eliminating many of the top blogs in one fell swoop.
But what about a blog such as Jonathan Turley, which won the ABA's Blawg 100 contest earlier this year in the Professors category? It resides at its own domain name and has an Alexa ranking of 158,350 (see below) yet is absent from Avvo's TLB.
It seems like Avvo put together an initial list and has since relied on bloggers to let them know about the existence of their blog.
What's the point of a list that omits such a large chunk of the legal blogosphere? The result is a kiddie pool of data a mile wide and six inches deep.
Alexa = Garbage In, Garbage Out
I suspect if you got Jeff Bezos drunk, he would express deep pride in and enthusiasm about all of Amazon's services — except Alexa, which he would admit is useless.
Avvo uses Alexa as its data source for TLB.
Alexa collects data on Web site usage from people who install its toolbar in their Web browser.
Remember your college statistics class? No? Well, here's a quick refresher. You can rely on statistical data about a group in only two situations:
When everyone in the group provides data (100% participation).
When you obtain data from a random sample of the group that is representative of the whole group (a small margin of error applies to the results).
Data collected in any other manner might be entertaining, but it won't be reliable. Like Alexa.
Not every Internet user has the Alexa toolbar installed so participation is not 100%. And Alexa does not engage in random sampling. Instead, anyone can install the toolbar (self-selection).
Using Alexa to gauge the popularity of legal blogs is like using a group of lawyers hanging out in a trendy lounge to determine the country's best-selling beer. Your survey might conclude that it's Peak Organic Pale Ale when in fact the answer is Budweiser.
How Avvo Can Fix TLB and Make It Useful
I would not criticize TLB without offering a solution. In fact, many possible solutions exist, including:
Forget about statistical rankings and instead provide editorial rankings. Avvo could take it a step further and invite people to vote for their favorite blogs from the pool it selected in a variety of categories. The only problem with this solution is that it already exists — the ABA Blawg 100.
Drop Alexa as a data source and instead use Compete or a similar service. Like Alexa, Compete obtains data on Web usage from people who have installed a toolbar. Unlike Alexa, Compete controls the distribution of its toolbar so that it doesn't suffer from self-selection problems. While the data is not as reliable as that from a true random sample, it's about as good as the Nielsen system that networks and their advertisers use for TV ratings.
Require legal blogs that wish to participate in TLB to install SiteMeter or some other free javascript-based Web analytics tool on their blogs and share the data with Avvo for ranking purposes. This method would provide the most reliable rankings thanks to data from 100% of the group — legal blogs that opt to participate. In this scenario, legal blogs absent from the list would have only themselves to blame.
Each of these methods would require Avvo to invest more resources into TLB. Because TLB seems to have little to no relation to Avvo's core business, Avvo may not want to make a significant investment. That's perfectly understandable, but Avvo cannot have it both ways. In its current incarnation, TLB does not, as Avvo claims, enable you to "[k]now who has the most popular legal blog [sic] based on objective, third-party data."
About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to lawyers, law office administrators, and others in the legal profession. We link to each new TechnoEditorial and much more in our BlawgWorld newsletter, which is free. Please subscribe now.
Coming today to BlawgWorld: Our editorial team has selected and linked to 47 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:
This issue also contains links to every article in the May 2009 issue of Law Practice Today. Don't miss this issue or future issues.
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TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score
Over the last few months I've noticed more attorneys creating frequent videos. Yet I've also noticed a recurring theme. Many lawyers (or agencies that produce the videos) feel they still need to talk about themselves to let the world know that they're available. Wrong. Don't talk about yourself. Talk about your client's fears and how you can help solve their problems.
In this week's YouLaw column, I focus on Pennsylvania attorney Edgar J. Snyder of Edgar J. Snyder & Associates, and his YouTube commercial, which offers little to nothing that would make an injured victim call this lawyer.
To begin with, it's a 15 second commercial.
Then, it screams at you.
It shows a photo of a crashed motorcycle.
It has fast-paced sound of a motorcycle racing by.
The lawyer is a forceful, fast talker.
The lawyer shows he has a Web site.
The lawyer has a slogan. "One click, that's it." What does that mean? I have no idea.
The lawyer has an 800 number.
The lawyer tells you to call him.
Here's what this lawyer's 15 second video fails to do:
Tell you why he's different than every other accident lawyer in the United States.
Explain why exactly you should call him instead of any other lawyer in the United States. All he says is "If you're an injured biker, trust Edgar J. Snyder.com." The big problem is that he doesn't tell you why you should trust him. Should I trust him because he has a slick commercial? Should I trust him because he's a lawyer? Should I trust him because he has a Web site? Should I put my faith in him because he says I should trust him? I don't understand why lawyers create these commercials.
Provide you with any useful information.
Tell you what state he practices in or even where he practices.
Tell you how he has helped other motorcycle riders.
Explain how a lawsuit for an injured motorcycle victim works.
From a video production standpoint, the lighting is good, the graphics are well done, the images are sharp and the sound is good. Attorney Snyder has multiple 15 second commercials about every type of accident claim possible on his YouTube channel. Each clip has the same basic template; he's fast, he shows you he has a Web site, he uses dramatic photos, and he uses his slogan. But he doesn't explain why they should trust him, or call him.
I don't understand how having a Web site sets this lawyer apart. Don't we all have Web sites now? How does his slogan help distinguish him from other lawyers. "One click, that quick" simply doesn't cut it. Does that mean that if you visit his Web site he will somehow magically solve your physical and financial problems?
Tip #1: Skip the Commercial
When watching a ball game or a TV show what happens during a commercial break? You channel surf, get a snack, or go to the bathroom. You would love it if there were no commercials to interrupt your viewing pleasure.
Just look at daytime TV. One lawyer commercial after another. One guy standing in front of a legal bookcase, another standing in a fancy office, another in front of an accident scene. It's all the same nonsense. "Call me because I just spent $10,000 creating a 30 second commercial which I'm going to run 5 days a week after Judge Judy and before the People's Court, for an entire month." Each commercial says the same thing. "Have You Been Injured? Then Call Me Because I Have a Commercial."
If you're creating video for YouTube, use this unique medium to its fullest extent. How? By creating a longer message that provides useful information. Don't limit yourself to 15, 30, or even 60 seconds. "Oh, but people have a limited attention span." True, but when someone searches for a lawyer online do you think they really want to watch a commercial? They want information, not a sales pitch.
Tip #2: Provide Some Information
Don't you want to tell the world how you've helped other people? Don't you want to show your viewers that you really are an attorney and not some actor playing a lawyer on TV? If so, then show them how your expertise will help solve their general legal problems.
Okay, you don't want to give away the store without a potential client walking into your office and signing a retainer agreement. That's understandable. Guess what? If you don't give a viewer some information, I guarantee they'll look elsewhere to get it.
Tip #3: Skip the Gory Photos
If you're inclined to follow the yellow pages design group that loves to insert photos of crashed cars, people falling from scaffolds, or a helicopter taking an injured victim away, ask yourself these critical questions:
How does the photo help convey your message?
Will a viewer get a warm and fuzzy feeling by viewing my gory photos?
Is the photo so unique that it will make a viewer want to immediately pick up the phone and call?
If the answers to those questions are "Yes," then by all means, leave those tragedy-induced crash scenes in your video. Otherwise, run away from them. Your injured viewer does not want to be reminded of the accident scene. They do not want to re-live the worst day of their life. They don't want to see a rescue helicopter at the scene, or flashing lights and sirens. Do you think that overturned tractor-trailer sitting on top of a crushed car will encourage a victim to relate to you?
Most injured victims who come into my office have a difficult time simply re-telling their story without stirring up unpleasant emotions. Skip the accident scene and B-roll crash photos and give your video some substance. Talk to your viewer and explain how you can help them.
Conclusion
Please, no more commercials. Improve your legal image by providing useful information. Stop screaming at your viewers and skip the gimmicky slogans.
"But my viewers remember me with my slogan and my face — I'm a celebrity!" If it really works for you and is cost effective, keep it up. However, with today's savvy Internet audience I don't think the traditional in-your-face attorney commercial works anymore. Skip the hype and give your viewer some real substance. Become the go-to guy or girl for your specialty.
Till next time, see you on video!
The Back Bench
Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "One click, that quick." Very clever — but are you calling a law firm, or a service that will then farm you to a bunch of lawyers? While I am impressed it's 15 seconds, the commercial lacked crucial information. If I didn't have access to the Internet at that time, I probably wouldn't remember the Web site and visit it later."
Lawyer, journalist, and legal media consultant Robert Ambrogi says: "One click, that quick," is the catch phrase this motorcycle-injury lawyer uses to refer viewers to his Web site. At 15 seconds, his video is true to that phrase. It goes by so rapidly, it seems like a subliminal message. Even so, he need not say anything more. We get the message. Quickly."
TechnoLawyer publisher and online video producer Neil Squillante says: "Brevity may be the soul of wit, but it can also suggest you have little of substance to offer. A video like this one may work for a new soft drink, but not legal services."
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.
Indigenous to law firms is a breed of men and women of authority, seemingly devoid of all reason, whose sole purpose for being is to make the lives of their colleagues as miserable and as difficult as possible. They micromanage. They scream. They're demanding. You know them — the Crazy Partners. But in light of current economic conditions, they may soon become extinct.
Profiles in Crazy …
"Celia" is a bona fide Crazy Partner. She has worked in the corporate department of a top law firm for 20 years and has been a partner for 12. Celia is an excellent attorney and a workaholic, but she is not a rainmaker. She has frizzy white hair and wears her oversized red glasses around her neck like a necklace. She barrels through the halls muttering to herself, and, according to a source, routinely does not wash her hands after using the bathroom — a gross and arguably dangerous habit (Swine Flu, anyone?). No one knows exactly why she made partner.
Longtime coworkers are aware that Celia's rumpled exterior telegraphs her bizarre and uneven work habits, but new associates find out the hard way.
Celia pounces on all newcomers, whether first years or summers, calling them all on their first day on the job and assigning dubiously billable memos, "presentations," and firm-wide alerts. She creates phantom deadlines for the make-work projects, and repeatedly calls and emails associates for status updates.
On one occasion, she asked a first year to revise a memo more than a dozen times, and each time he submitted the memo to her, she called him to her office and made the associate wait in silence as she read the latest version for the first time and made back and forth hand edits to the draft. The fate of the memo is still unknown because eventually Celia forgot about it.
On another occasion, Celia scheduled an early morning meeting with a different first year about a memo. When the associate arrived at her office, Celia was on the phone and motioned for the associate to take a seat. After five minutes, she then asked the associate to stand outside her office. After 20 minutes, Celia had her assistant tell the first year that she would have to postpone the discussion. The associate returned to her desk to find a "High Importance" email from Celia reprimanding her for not having brought print outs of several email attachments to their (cancelled) meeting.
Change Your Law Firm Can Believe In …
The market downtown of 2008 and grim economic forecast for 2009 has forced Celia's firm to enact cost cutting measures, including attorney and staff reductions. At many firms, these "reductions" have taken the form of associate layoffs. However, some firms, including Celia's, are also reviewing the partnership for downsizing opportunities. As a result of this review, Celia was demoted from equity partner to an income counsel position. She is reportedly no longer permitted to work with junior associates.
This story may have an unhappy ending for Celia, but it illustrates how firms can maximize their use of the faltering economy, if they're willing to put ego aside. The current economic climate is an opportunity for firms to become less bloated and more efficient, which includes, among other things, reviewing personnel at every level. After all, "dead weight" can come in the form of staff, associates, counsel, and partners — and firms that do not spare partners from review are better poised for success in the near term and in the long term.
Celia's firm may have erred in initially making her a partner, but it should be commended for recognizing and rectifying the situation. And while it is disappointing that many firms (including Celia's) are only now effecting positive changes to their businesses, we here at BigLaw are not complaining. We'll take what we can get.
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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.
In my last two columns, I introduced the idea of the MDTR — the "Minimum Daily Technology Requirements" for every solo and small firm's technology needs.
This third and final segment explores some important ancillary subjects from electrical protection to choosing and using consultants.
MDTR: Electrical Protection
UPS and Surge Protectors
Round out the MDTR for hardware with a battery backup such as the cost effective APC Back-UPS 500 for around $100 to provide both surge protection and electrical backup in the event of power dips or short outages without crashing your PC.
Plug all other components like your printer into professional grade surge protection from companies like APC, Tripplite, or Belkin (general rule — if a "surge protector" is under $15, skip it — not enough protection — you want a stated rating of "surge clamping capacity" of 700 "joules" or better).
Mobile Surge Protectors
Mobile lawyers should always plug their laptops/netbooks into a portable surge protector. Three suitable models include:
A dizzying array of network gear exists for sharing Internet connections (routers and switches), and for keeping the "bad guys" out (firewalls). Some devices even offer the trifecta of shared Internet connectivity, firewalling, and WiFi wireless capabilities. So for simplicity's sake, we'll list one model and discuss the topic more fully at another time.
Extend the network ports with any other 10/100 (Fast Ethernet) switch. If you have a larger budget and proper cabling throughout your firm, consider Gigabit Ethernet.
MDTR: Smartphone
Why would anyone want to practice law without one? Clients, especially in this tight economy, expect you to have this capability (like it or not). I don't care what you have as long as it integrates with the MDTR software list — integrating as easily as possible with your practice management system of choice and Outlook 2007. So whether it's a BlackBerry, an iPhone, a Treo/Centro/(soon to be available) Pre model from Palm, or a Windows Mobile-equipped device, any smartphone is better than, well ... a dumb-phone.
The ultimate selection criterion for any smartphone should be a positive answer to the question: "Does this device easily integrate/synchronize with my software systems?"
MDTR: Virtualize Yourself v. Adding Staff and Paid Services
Think about a Virtual Assistant — to help with anything and everything including your dictation transcription (yes, dictations can be efficient, especially with a digital approach). The be all, end all is probably LegalTypist, the brainchild of master virtual assistant Andrea Cannavina.
Google Voice: Keeps you connected no matter where you are.
Google Apps: Gmail offers the best Web mail on the planet with the most storage and Google searchability.
MDTR: Daily Dosage of Legal Tech Smarts
Being a legal technopeasant in 2009 just doesn't cut it any longer — clients won't tolerate it or subsidize tech ignorance or lack of general sophistication.
In addition to continuing to read SmallLaw (thank you) and TechnoLawyer's other newsletters, check out the following resources as well:
• Get a free subscription to Law Technology News and scan it carefully each month.
• Also, look to the tremendous selection of practice management and technology books offered by the ABA Law Practice Management Section and the ABA GP|Solo Division.
• Subscribe to The Firm — otherwise known as the ABA's Solosez listserver for lively daily discussion of tech, practice management, and all aspects of small firm life with 4000+ fellow SSF lawyers and staffers. You don't have to be an ABA member to join.
MDTR: Putting It All Together
Find a capable, competent, legal-focused and legal-experienced consultant to manage a proper implementation. Don't attempt a DIY (do it yourself) approach. Do the economic math. Even in tight times, you can't afford it.
Practice smart, make more money, exceed client expectations with better work product quality and faster turnaround times at a reasonable price and above all, have more fun in practice. The MDTR will help get you there — cost-effectively — just the digital prescription for these tough and trying times.
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Coming today to Fat Friday: Bob Walsh explains the importance of filing email by case plus he reviews FileCenter and MozyPro, Elaine Dowling describes her backup routine and how it has improved her practice, former large firm lawyer Robert Brouillette offers advice to other "large firm refugees" going out on their own, Edward Zohn reviews Western Digital enterprise-grade hard drives, and Tom Trottier shares his take on the world's first laptop. Don't miss this issue.
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Coming today to Answers to Questions: Erin Baldwin reviews Stamps.com, Richard Keyt calls for an end to the Word/WordPerfect debate and suggests more productive topics of discussion, Paul Purdue explains discusses Tabs3 for time-billing, Stephen Seldin reviews CrossEyes for revealing formatting code in Word, and Perry Bulwer reviews the Samsung SyncMaster 226BW 22' monitor and WinTV. Don't miss this issue.
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Today's issue of TechnoLawyer NewsWire covers electronic discovery processing software, an online video deposition editing and syncing service (see article below), a legal technology job board, an email utility for capturing contact information, and an Outlook add-on for automatically filing messages. Don't miss the next issue.
The Fotomat of Video Depositions
Because lawyers like you find trials exciting, it's easy to lose sight of the fact that trials bore many jurors. They're just not that into you. They'd rather be home in front of their 52 inch TV. While you can't give them Sports Center, you can at least give them video deposition testimony, especially since it's no longer an expensive proposition.
Evandry … in One Sentence Evandry is an online legal video deposition editing and syncing service.
The Killer Feature
Even when a lawsuit takes years to resolve, litigators always find themselves needing something yesterday — especially litigation support services such as video deposition editing and syncing. Many litigation support vendors probably depend on rush fees to meet their sales targets.
Knowing this, the founders of Evandry built the company around fast turnaround. It offers same day service on every order and does not charge rush fees. Two-day FedEx shipping is included in the price, whereas overnight shipping adds just $15 to your order.
Other Notable Features
Editing entails removing portions of the video deposition (such as objections) so that you can present only the testimony you want the jury to see and hear. Using the text transcript, you simply highlight the portions you wish to keep or remove (whichever is easier).
Syncing involves marrying the video to the text transcript using the industry-standard YesLaw technology. Synced depositions enable you to search for and show key testimony on the fly. You can also export segments to use in trial presentation software such as Sanction and TrialDirector.
You initiate your order by using a form on Evandry's Web site. Within an hour, you'll receive a no-obligation quote for your project via email. If you wish to move forward, you print the quote and mail it along with the deposition video and transcript to Evandry.
Evandry keeps its overhead low thanks to its location in central Florida. But it doesn't skimp on materials. For example, it uses WaterShield DVDs, and high-quality photo paper for labeling. Evandry operates 24 hours/day every day of the year.
What Else Should You Know?
Evandry charges $100 per hour of deposition video in 15 minute increments. For example, a 60 minute and a 74 minute video would each cost $100, while a 78 minute video would cost $125. Unlike some services, you do not pay for the time spent providing the service, just the length of the video. Learn more about Evandry.
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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.
Today's issue of TechnoLawyer NewsWire covers electronic discovery processing software (see article below), an online video deposition editing and syncing service, a legal technology job board, an email utility for capturing contact information, and an Outlook add-on for automatically filing messages. Don't miss the next issue.
Cull Your eDiscovery Documents Any Way You Want
Paper or plastic? If only litigation were that easy. Nowadays, you're going to handle both during the early stages of discovery — paper files and electronic files on CDs, hard drives, and other media. For some cases, you may want to use TIFF images, and for other cases native files. But no matter how you choose to handle the documents in a case, you'd like to avoid using more than one product to process them.
LAW PreDiscovery … in One Sentence
LexisNexis' LAW PreDiscovery enables you to review and cull both paper and electronic discovery documents, convert to TIFF, and create a load file for Concordance and other litigation review platforms.
The Killer Feature
The eDiscovery world is in a state of flux. Half the experts say you should use "native files" (the actual files you collect from clients), and the other half say you should convert these files to a standard format such as TIFF.
The debate is interesting, but you've got real cases and real clients. You need to hedge your bets.
LAW PreDiscovery features a future-proof Export Utility that outputs a load file to suit any scenario. You can export the documents in native format (including .pst files), PDF, or TIFF. You can also export the accompanying metadata.
If you use Concordance, you'll enjoy especially tight integration. LAW PreDiscovery can produce a Concordance database (DCB) file based on the records in the LAW PreDiscovery case. You can choose whether to export the associated files (natives, text, images) to a new location or build the Concordance database without copying the files from the LAW PreDiscovery case file.
Other Notable Features
LAW PreDiscovery works with more than 100 scanners and 2,000 file types, including Microsoft Office and PDF. It also includes OCR technology to make all scanned files searchable.
The new Management Console enables you to manage multiple PCs running LAW PreDiscovery from a single computer. Also new is the auto-indexing technology, which indexes records as a background process so that you can start your review faster.
What Else Should You Know?
LAW PreDiscovery is fully EDRM/XML compliant, which means it integrates with many products, not just those by LexisNexis. You can try LAW PreDiscovery for free. Learn more about LAW PreDiscovery.
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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.
