Coming today to TechnoFeature: "I'm a lawyer, not a psychiatrist!" Have you ever wanted to say this to one of your clients? Join lawyer and humorist Adrian Baron on a trip down memory lane as he rediscovers why practicing law is a worthwhile endeavor notwithstanding the workload, stress, and occasional nut-job seeking counsel. We recommend reading this TechnoFeature article with a glass of champagne.
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 53 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:
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.
Finding a job these days is about as tough as it gets. The legal market has been especially hard hit. The news is awash with stories of unemployed attorneys sending out hundreds of resumes with few or no positive responses. To stand out from the pack, some attorneys are "tailoring" their resumes and fudging their experience to enhance their qualifications for the job. Nearly everyone embellishes their accomplishments on paper (except for the author when applying for this job, of course), but when does embellishment become falsification? How far is going too far in the quest for employment?
A Tale Told by an Idiot
"Carl" was a fourth year litigation associate at a medium-sized firm in NYC. He had a reputation as a competent, if not superstar, attorney with average to low billable hours. Unfortunately, Carl's firm, like many others in New York, was burned by the 2008 market crash. The firm laid off attorneys in November 2008, and Carl was among the first let go. He received two months' severance, outplacement services, and a week to finish up his work.
As part of the outplacement services, the firm put him in touch with a recruiting agency that specializes in "re-working" resumes. Shortly after being fired, Carl met with the recruiter to discuss his options.
The recruiter told him what many other job-seeking attorneys hear these days: there's not much out there except for bankruptcy work. Did Carl have any bankruptcy experience? the recruiter asked.
Not really, said Carl. He mostly worked on IP and commercial litigation matters, but he did briefly work on a creditor's rights matter in which the debtor was bankrupt. The recruiter suggested that he list the bankruptcy experience on his resume, and hope for the best. But she said that she could not pitch him as a bankruptcy associate to firms that were looking, and as such, she thought his best bet was to pass his resume along to his network of contacts.
Full of Sound and Fury
Carl initially sent out resumes listing himself as a general litigation associate, citing experience in IP and commercial litigation and in bankruptcy. No hits. He then sent out a second round of resumes to different firms listing himself as a general litigation associate, specializing in bankruptcy. To his surprise, a large firm called him up to schedule an interview.
At the interview, the partners described how the group had recently received several new bankruptcy matters and they were in need of mid-level associates who could work without much supervision from the partners. Carl trumped up his experience on the creditor case and impressed the partner by discussing the technical aspects of several bankruptcies in the news which he had specifically researched in anticipation of the interview. Against the odds, Carl landed the job. He started the following week.
Carl privately figured he could brush up the Code on his own or learn quickly on the job, but it soon became apparent that Carl did not have the bankruptcy proficiency indicated by his resume or his interview. He took too long on assignments and sometimes flubbed them. He stumbled on the phone with clients. The partners thought that he appeared to be "winging it," which he was, and in March 2009, after about two months, they asked him to leave.
Signifying Nothing
By portraying himself as a bankruptcy associate, Carl thought he was doing what other unemployed lawyers with some bankruptcy experience were doing.
"I wasn't trying to con the firm into hiring me, I was just emphasizing my bankruptcy experience because those are the available jobs. I thought you're supposed to tweak your resume to reflect the job specs."
While many people do gear their resumes to fit specific job criteria, there is a fine line between tinkering with a resume and outright lying, and Carl's actions fall uncomfortably close to the latter. It may be tempting to emphasize desirable experience, such as bankruptcy, but if you don't have the relevant expertise or experience, don't pretend you do.
Firms watch all associates like hawks. Any shortcomings in laterals hired to fill a specific need won't go unnoticed in this market. There are plenty of unemployed attorneys with legitimate relevant experience who are eager to fill open positions, and firms have every incentive to lose underperforming laterals and trade up.
If and when firms fire recent lateral hires, the terminated attorneys do not necessarily return to the same status they inhabited prior to taking their most recent job. For instance, Carl must now omit or explain the two month blip on his resume to future employers, plus he has soured his reputation at the second firm and perhaps beyond. And since he was terminated for cause, he cannot file for unemployment in New York.
Carl regrets overstating his bankruptcy experience and wishes he listened to the recruiter's advice: if you don't have it, don't flaunt it.
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.
Coming today to Fat Friday: David Parker reviews LogMeIn and LogMeIn Rescue, Scott Gardner shares what 23 years using Macs has taught his firm, Lori Iwan reaches out to SmallLaw columnist Mazyar Hedayat, Bruce Brightwell discusses his secret to buying and servicing PCs for his firm, and Don Feferman warns new BigSolos what's in store for them. 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: Roger Neils reviews the Philips Digital Pocket Memo 9500 with SpeechExec Pro Dictate, Paul Purdue reviews Carbonite for online backup, Frank Lanigan reviews PDF Converter Pro and Nuance's customer support, Elizabeth Travis explains how to create a macro in Word 2003, and Michael Schwartz offers a money-saving Time Matters tip. 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.
Today's issue of TechnoLawyer NewsWire covers a new eBook reader (see article below), courtroom presentation software, a utility for accessing FTP servers and Amazon S3, email encryption software, and an iPhone app for analyzing data from Google Analytics, Twitter and other services. Don't miss the next issue.
The World's Thinnest Bookshelf Just Got Bigger
Gutenberg, your days are numbered. You had one heck of a run though. Printed books will easily outlive everyone reading this article. But another 570 years? Highly doubtful. Will anyone miss the phrase "dog-eared"? Will students miss weighty backpacks or frequent trips to their lockers? Many people have already moved on thanks to PCs, smartphones, and a very interesting company in Washington state named after another place where it rains a lot.
Kindle DX … in One Sentence
Released today, Amazon's Kindle DX is a larger version of its wireless Kindle eBook reading device.
The Killer Feature
The original Kindle took a lot of heat for its industrial design or lack thereof, but it was a groundbreaking device. Its successor, introduced earlier this year, is much thinner, but reviewers criticized its small screen size and overly large keyboard.
With the Kindle DX, Amazon may silence the critics. The display measures 9.7 inches diagonally and sports 16 shades of gray. The screen rotates from portrait to landscape to better view spreadsheets, Web pages, etc. The entire device measures 10.4 x 7.2 x 0.38 inches and weighs 18.9 ounces
Other Notable Features
Like its smaller sibling, the Kindle DX includes a free 3G wireless connection courtesy of Sprint that you can use to surf the Web or shop at Amazon for books, magazines, and newspapers. Most books sell for $9.99, including new releases and bestsellers. For many books, you can download sample chapters for free. The Kindle DX also supports Audible audio books.
You don't need a PC to use the Kindle DX, but you can use a PC to load your own documents via the USB 2.0 port. The Kindle DX supports DOC, RTF, and PDF files, and has a 4 GB capacity. With the Read-to-Me feature, the Kindle DX can read your content out loud to you.
A 5-way controller enables you to turn "pages" and look up selected words in the built-in dictionary and encyclopedia (Wikipedia naturally). Thanks to the special "electronic ink display," Amazon claims you can read the Kindle DX in sunlight. When indoors, you'll need a light source as you would with a paper book.
What Else Should You Know?
Amazon claims that a full battery lasts for four days with the wireless connection on, and up to two weeks when you turn it off. Amazon offers a one year warranty. The Kindle DX costs $489 (the smaller Kindle costs $359). Learn more about the Kindle DX.
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.
Coming today to TechnoFeature: Lawyers who practice in buses. Law firms that offer free biscotti with your flat fee divorce. A lawyer for thugs. Has the legal profession become its own worst enemy or do these and other marketing tactics really work? In this amusing and insightful TechnoFeature, Connecticut lawyer Adrian Baron takes you on a tour of marketing absurdities as lawyers struggle to stand out in an increasingly competitive marketplace.
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.
TechnoScore: 3.0
1 = Lowest Possible Score; 5 = Highest Possible Score
Attorney Blake A. Payne of the Law Office of Blake A. Payne in Jasper, Alabama, is a sincere appearing, straightforward and down-to-earth human being. He appears natural and I can understand why someone would want to call him for their legal problem. The video has typical B-roll footage of diplomas, scenes of people walking through a law office, and nice piano music playing in the background. The sidebar describes this attorney handling everything from criminal to civil litigation.
Interestingly, the video was shot looking up toward the attorney, which I typically frown upon. However, in this video, the camera angle is not so severe as to make you feel inferior when Payne starts to talk. He describes his firm with three words "Justice, honor, and integrity." You might think this was a typical play on your emotions or your sense of justice, but as you continue to listen to the video you realize that he really is sincere.
The lighting is a little unusual, and there appears to be almost a spotlight directly on his face with much of the office background appearing dark. The video even shows him walking into his office, and with his grayish hair, easy smile and a quick wave of his hand to his office staff, you get the sense that this guy is friendly, approachable and an "aw shucks" kind of person.
This video doesn't spend any time explaining how he can help you solve your legal problem. Rather, with his smooth and affable manner he imparts a sense of trust that you could never get with a simple photograph. The video runs one minute and 18 seconds, including eight seconds showing the video equivalent of a business card — not what I would recommend to persuade a viewer to call you now.
I will say that this particular video happens to be one of the better videos that YellowPages.com has created. They typically hire a video crew to come in and take B-roll footage of your office and you, and throw those scenes into your video on a regular basis. If you look at their YouTube channel, they boast over 13,000 different videos. A quick glance at these videos reveal every business under the sun that can be included in the yellow pages directory. Unfortunately, for most lawyers who choose to use YellowPages.com to create their videos, they almost always use the same type of template for each video. That's bad when you want to stand out from the crowd. You are limited to two options: (1) a video in which you appear and discuss your firm, or (2) photos and scenes of you in your office with a narrator talking about you and your firm.
One major problem with using YellowPages.com is that they brand the video, not with your own Web site information, but rather with their own logo. That is totally annoying. To make matters even worse, your own Web site is never listed. Rather, you are taken to generic directory site. That's bad.
The inherent problem with creating videos with a directory site is that your video is indistinguishable from thousands of other firms and competitors in your area. Although the sidebar gives a brief description of the lawyer and his firm, clicking on the available link only takes you to the Yellow Pages directory. You then have to click on a separate link for the lawyer's Web site. Clicking on Payne's directory listing takes me to a basic Web site designed by — yes, you guessed it — the same folks who presumably create the yellow pages ads. The sidebar doesn't even have a direct phone number for the lawyer.
Just as with yellow pages advertising in which the marketing rep basically hands you off to some generic design team to create your yellow pages ad, the same holds true for these video productions. Unless your demeanor and presentation is so distinct, as here with Mr. Payne, you need to have your own individual video to set you apart from all of your competitors. I would strongly advise staying away from the videos that are narrated which are nothing more than slideshows or extended commercials.
In most all YellowPages.com attorney videos, the attorneys are left to talk about themselves throughout the entire video. None of the videos that I have seen through this company provide a viewer with information about how you can help them solve their problems. These are not educational videos. Rather, these videos appear to be nothing more than an extension of traditional advertising by saying "Call me because I created this video." Not exactly a compelling reason to pick up the phone and call you.
Also, I have yet to see this production company create series of videos for each of their clients and customers so that someone interested in a particular lawyer can gain a better understanding of how their experiences can help you as a potential client. A one minute video talking about yourself simply provides a Web site viewer with no information with which to make an intelligent decision about whether to pick up the phone and call you. Alabama lawyer Payne appears to rise above this restrictive format.
Tip #1: To Be Different, Be Yourself
Stay away from generic formulas. Many times the key to persuading a viewer to call you is precisely because you don't fit into the typical mold. Remember, you want to stand out from the crowd. If you want to use YellowPages.com because they're simple, easy to use, and your single one minute video is included with your listing fee in a useless directory, feel free to use them at your peril. Just don't be upset if you don't get many calls.
Tip #2: Enough About "Me, Me, Me!"
Stop talking about yourself! Instead talk about the topics that people care about. Stop talking about things you want to tell people. Most companies like YellowPages.com fail to recognize this distinction. These marketing reps are not lawyers who work in the trenches each day. They don't have an insider's view of what a potential client looks for in an attorney. Rather, this way of thinking is the traditional yellow pages mindset that has forced thousands and thousands of lawyers to part with millions of their hard earned dollars and see very little result.
Tip #3: Do the Opposite of What Everyone Else Does
If you want to learn how to stand out from the crowd, stop doing what everybody else is doing! Take a look at the videos online for the specific keywords in your geographic area by going to YouTube and searching for attorneys in your specific area of law in your State. Watch those videos. See if you can pick up a common theme in the good videos. Look critically at how the video was made, and also at the content. Then, when you have identified a few attorneys whose videos you really like, pick up the phone to call them and ask them what video company they used to create their videos.
Don't be surprised to learn that some of these lawyers don't use any video company at all. Instead, like me, they have learned how to create video on their own and provide an educational message to help prospective viewers get to know them and begin to trust them before they ever walk into their office.
Tip #4: Beware of Marketing Vultures
Don't let the video marketing vultures steal your hard-earned dollars by promising the moon and taking your $10,000, $20,000, $30,000 or more to create four or five short video clips. There are better ways to get this done while still continuing to maintain quality, integrity, and your ethics. If you find an attorney whose videos you like, you might suggest asking the attorney to videotape you on a monthly basis — for a fee of course.
Conclusion
Attorney Payne rises above the typical format used because of who he is and how he presents himself. Most attorneys cannot do this and will fall into the bottomless pit of Internet ether. Set yourself apart by creating a unique, individual video that answers questions. Don't talk about yourself, as so many lawyers try to do.
Finally, tell your yellow pages marketing rep to get their logo and name off your video. Do you really want to provide them with free advertising? The goal of your video is to show who you are, and to educate. Putting your marketing company boldly in your video, on your video, and in the sidebar does nothing to help you market yourself.
Till next time, see you on video!
The Back Bench
Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "I give Blake a B- on the video. Although it wasn't terribly done, the video didn't do well to promote him. He admits to being a "general" practice lawyer, which means the video doesn't target anyone. In addition, there is a glaringly annoying YellowPages.com logo at the bottom the entire time, which is somewhat synomomous with "cheesy marketing"."
Lawyer, journalist, and legal media consultant Robert Ambrogi says: "This video projects Blake Payne as the Mister Rogers of the legal profession — soft-spoken and sincere. This video is quite effective in portraying Payne as someone you can trust in a time of need. When he says he is guided by principles of "justice, honor and integrity," you can't help but believe him. The visuals and transitions are all nicely done. My one gripe would be the YellowPages.com text that stays on the screen throughout the video — it cheapens an otherwise solid effort."
TechnoLawyer publisher and online video producer Neil Squillante says: "Nice job Blake. You're a YouTube natural. But next time pay a little more so that you can eliminate the YellowPages.com logo from your video. Also, it's 2009 — your Web site should reside at your own domain name."
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.
Coming today to BlawgWorld: Our editorial team has selected and linked to 53 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 Technology News. Don't miss this issue or future issues.
How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.
In my last column, I introduced the idea of the MDTR — the "Minimum Daily Technology Requirements" for every solo and small firm's technology needs. My first column discussed hardware needs. This column focuses on the application and utility software a small practice needs.
MDTR: Major Applications
Beyond the choice of either or both Microsoft Office 2007 and the Corel WordPerfect X4 suite (both if you wish to be "word processing ambidextrous" which can make a great deal of sense for many firms), the following categories of applications comprise the Minimum Daily Technology Requirements for the standalone PC:
Adobe Acrobat Standard or Pro: Not some ersatz Acrobat-wannabe, the real thing — get it bundled with your PC, or with a scanner to save money on this item.
Practice Management System: Any practice management system is better than none. After 24 years of thinking about this, I am now ready to unequivocally state that every law practice needs one (even if you don't realize it!).
If you have clients and cases, you have information that needs to be managed, period. Outlook is just not capable enough so look into Amicus Attorney, PCLaw, PracticeMaster, Time Matters, or even the Web-based Clio, Rocket Matter or VLO systems. Find a well-referenced, solidly-credentialed independent consultant to help you decide and then implement.
(My only remaining concerns about Web-based, or SaaS (Software as a Service) systems is the general lack of ability to function entirely offline, if you lose Internet connectivity. Clio has taken the first step in this direction with offline time entry, but this isn't enough as far as I'm concerned.)
Document/Email Management: Practicing without a DMS means self-inflicted torture in terms of wasted otherwise billable time when you cannot find prior work product or are inundated with massive amounts of email. Worldox leads the pack after 20+ years in cost-effective ($395/person) small-firm friendly document/email management that tightly integrates with the major practice management systems (which might have some built-in document/email management abilities, but these are insufficient for most firms).
Legal Billing/Bookkeeping: Ideally, your billing system should work with your practice management system — with the PracticeMaster/Tabs3 combination being the standout because Tabs3 as the billing component outdistances the abilities of competitive systems and their built-in billing modules. Kudos to the Web-based products for solid and simple billing/bookkeeping as well. Second best would be the PCLaw system, which is more simplistic on the practice management side, but still a reasonably-priced integrated contender. Systems that integrate with QuickBooks Pro can be a major plus if your accountant wants QuickBooks data files to keep your accounting costs down.
Outlook 2007: This industry-standard application should be your emailer of choice, integrated with a practice management system. Attempting to handle your email needs inside of any practice management system will quickly overwhelm that program's database. Let Outlook do the heavy-lifting for email management and "connect" case/practice-related emails from Outlook to your practice manager via Worldox's extraordinary, click, drag, click approach to doing so.
MDTR: Utilities
Utilities — little programs that tie everything together:
Protection Suites: Trend Micro Internet Security suite (or the Pro version). Why? It's the least likely to interfere with legitimate program operation. Avoid Symantec/Norton and McAfee products — by far the most intrusive and system-destabilizing of such products. Your software firewall will come from this suite, or firewalling will come from a router/switch/firewall hardware product (watch for my "MDTR: Networks" suggestions in a future column).
Moffsoft Freecalc: This free calculator replaces the brain-dead Windows calculator. It has a scrollable "tape" — the missing link.
7Zip: This free utility handles ZIP/UnZIP file needs.
Zscreen: Need to capture information from screens to include in your Word and PowerPoint files? Grabbing charts and illustrations from Web sites? Windows Ctrl-Prtscn function has an IQ in the high single digits, able to capture only an entire screen. Zscreen, also free, has many of the advanced features of more costly screen capture tools such as Techsmith's excellent $50 SnagIt tool.
Metadata Assistant and Numbering Assistant: At $160 for the pair, both are essential "Word Sanity/Safety" tools for metadata removal and sanity in using auto-paragraph/bullet list/outlining functions in Word.
CrossEyes: From Levit & James, this utility adds "Reveal Codes" functionality to Word ($30).
Anagram for Outlook: This $35 utility adds names and addresses in your email to Outlook (which can then sync to your practice management system) literally with two keystrokes. Build up that address book for marketing/business development purposes as well as pulling this information into labels, envelopes, and correspondence.
Xobni: This utility adds several functions to Outlook that Microsoft should have built. These include the ability to group all the messages in a conversation together, instead of having to hope to find them while scattered across multiple mailboxes, and the Inbox and Sent Items folders. In addition, you can see all the attachments received from any sender. Add some fascinating statistical tracking about the people who send you messages and the ability to generate "smart scheduling" messages to send to any sender, and you've got the makings of an invaluable Outlook tool. And free is tough to argue with.
TweetDeck: This free Twitter-focused utility makes participating in the growing social networking phenomenon practical. It replaces the bare-bones native Twitter interface with a multi-columned Twittering tool that makes the micro-blogging system's constant flow of 140 character "Tweets" manageable. You can have columns showing the Tweets of all those you "follow", as well as Replies, Direct Messages and the most powerful element, Tweets that match a specific Twitter "search." So you could have a column showing all Tweets that mention your name or firm name. Don't Twitter without Tweetdeck.
OutTwit and FBLook: From TechHit, OutTwit adds itself to the Outlook toolbar to enable sending Tweets and receiving/organizing them inside of Outlook. This is a further step towards making Outlook a comprehensive communications hub. FBLook lets you update your Facebook status, see your friend statuses, and see the number of new requests without having to open a browser. Both products are free.
In my next column, I'll wrap up my MDTR recommendations with a look at electrical protection, smartphones, virtualization of a small practice's resources, outsourcing, and using consultants effectively.
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.
