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SmallLaw: CaseTweet, DocketTweet, and TweetMinder: Legal Twitter Apps We Really Need

By Mazyar Hedayat | Monday, April 20, 2009

Originally published on March 30, 2009 in our free SmallLaw newsletter.

Twitter, the love-child of email and text messaging, exploded on the scene in 2007 and is growing at a rate matched only by the hyperactive media coverage surrounding it.

Buzz this intense usually stems from "irrational exuberance" so you might wonder whether Twitter, and close cousin FriendFeed, are fads. To find out, review what these technologies do, and then read some actual Twitter streams for examples of what they can do for you.

No Shortage of Ideas

Ideas for the use of Twitter abound, with more being dreamed up every day. Many uses have already become free software that you can try right on the Web. Such applications generally fall into one or more of the following categories:

  1. Those that harness information posted by existing users to deliver custom-updates or power a more comprehensive application.
  2. Example: Twittervision — Tweets pop-up and show a user's location in real-time.

  3. Those that apply the lessons of Twitter in a private environment — usually with a proprietary twist relating to security.
  4. Example: Yammer and Presently are Twitter-like services for businesses with enhanced security for private group communication.

  5. Those that combine the immediacy of Twitter with the always-on capacity of cell phones and GPS technology.
  6. Example: Twinkle alerts friends and colleagues of your location via Twitter.

The three categories take advantage of Twitter's core features — short messages, easy sending, instant feedback, easy customization. In essence, Twitter is whatever you want it to be.

But What About Us?

I've been thinking about what kinds of Twitter applications would suit my practice. I can already bill via Twitter, update my calendar via Twitter, and remind myself of useful links via Twitter, but nobody has really hit the bulls-eye when it comes to creating lawyer-friendly third-party Twitter applications.

For what it's worth, I'd like to see the following three applications (all names and descriptions are mine — to my knowledge these applications don't exist yet):

  1. CaseTweet: Cases get their own Twitter identities that users can "follow." Public events such as filings, hearings, court deadlines, and the identity of parties and other lawyers on the case, could all be contained in its feed. Each lawyer's office could also enhance and combine information for a more complete picture of case activity — a la FriendFeed.

  2. DocketTweet: Being #25 on the 10:00 call in one courtroom means you can show up at 10:30, but show up one minute late in another courtroom and the Judge will have already called your case and dismissed it for want of prosecution. What to do? This application would count down the cases preceding yours and let you know when yours is about to be called. Priceless.

  3. TweetMinder: I'd like to see this application most of all. Combine location-awareness with calendar information and to-do's. The result: once you reach your destination the application tweets about each of the things you have to do there. Voila: instant schedule. Bonus: it will also find other lawyers on any of your cases if they're in the building. If you want to meet them you can send a quick tweet.

The Verdict

Sure Twitter and FriendFeed (which is really just a combination of multiple feeds) have applications for attorneys. We just have to create and use them. If we do, the sky's the limit. If you develop any Twitter applications in your office be sure to let me know. Happy tweeting everyone!

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: Email/Messaging/Telephony | Law Firm Marketing/Publications/Web Sites | Online/Cloud | SmallLaw

SmallLaw: TechShow 2009: A Decade Under the Influence Plus Best of Show Picks

By Mazyar Hedayat | Monday, April 13, 2009

SmallLaw Blog 04-13-09450

Originally published on April 13, 2009 in our free SmallLaw newsletter.

The 2009 ABA Technology Show is over. As usual, it started Thursday and wound up Saturday with the celebrated 60 Sites in 60 Minutes. Predictably, the atmosphere was part lecture-hall, part trade-show, mostly meet-and-greet.

This was my tenth year attending and in that time I've enjoyed the show as a spectator, an exhibitor, a blogger, and, most recently, a columnist.

I've seen trends take shape and fade, witnessed "revolutionary" changes (that weren't), and took careful note of which vendors stuck and which ones were one-hit wonders. Below you'll find my observations on this year's show.

Still Crazy After All These Years …

TechShow is still:

  • Produced by a volunteer board of lawyers, consultants, and ABA staff under the umbrella of the Law Practice Management section.

  • An opportunity for attendees to network face to face rather than just via email or telephone.

  • The premier national venue for startups to debut and established vendors to introduce products.

  • A forum about technology concerns of the day — PC versus Mac, email security, Twitter, eDiscovery (the 800 pound gorilla).

  • The best opportunity that attendees will have all year to preview technology that will shape the profession; and

  • Dependent on perennial sponsors like LexisNexis and Westlaw.

Given the diverse forces that bring the show to life every year, it's impressive that the whole production comes to us without major snafus. This year was no exception, and saw the return of the concierge desk manned by members of the Blawgerati, including Adriana Linares, Kevin O'Keefe, Dennis Kennedy, and Tom Mighell (last year's chair of the planning committee). It's good to know there are some things you can count on. Then again ...

Shrinkage …

The standard elements of a successful show existed this year, including:

  • Star bloggers (everyone was taking video).
  • Celebrity authors flogging their latest books.
  • Vendors connecting with big money accounts.
  • Startups vying for attention and coverage.
  • Educational sessions with national experts.
  • Chotchkies-a-plenty (my personal favorite).

But there was a distinct difference as well — let's call it shrinkage. And no element was spared. Consider that:

  • Even deep-pocketed vendors like Wolters Kluwer and Kroll Ontrack were absent.

  • Many regulars simply did not make an appearance at all or kept a very low profile.

  • Vendor participation appeared to be around 50% lower than last year.

The upshot is that although the show floor at the Hilton is smaller than the spread at the Sheraton where the show took place for years, there still weren't enough vendors to fill the space. Why not? The implosion of high-profile law firms? Pervasiveness of attorney joblessness? Ripple-effect of recent events on Wall Street? Maybe — but then again, why would that stop a vendor if the need for their products existed? That's the real question.

My Second Annual Best of Show Picks …

Sure the current economic trough affected TechShow. But why stop there? The collapse of the housing and financial services markets has also left lawyers with fewer opportunities than they've had in years and forced them to meet unprecedented demands. In short, it has created an opportunity for lawyers to break with past practices, leverage their knowledge, collaborate, and streamline the way they work.

You could even say that the current recession has created the perfect opportunity for lawyers to use technology to solve their problems. Or at least we could say that if the vendors at the show delivered innovation instead of overpriced me-too products.

Don't get me wrong. It wasn't all bad. But honestly, how many eDiscovery ads do you see per week and how many vendors can the market handle? The overabundance of eDiscovery companies can be extended to nearly every category of exhibitors at the show. So it's no surprise that my picks for "Best of Show" were companies that brought real value to the table in four emerging fields.

1. Web-Based Practice Management: Clio

Both of the primary contenders in this space were at the show — Themis Solutions' Clio and Rocket Matter — and both get the job done. But in the end Clio brings more polish to its product in my opinion.

Built in Ruby on Rails (geeky but important), Clio looks familiar, is easy to master, and is effective even for a sole practitioner — yet it can handle hundreds of users without sacrificing security or functionality. Clio introduced offline functionality at TechShow as well, so that even when the Internet is down the application can keep time then re-synchronize itself as soon as you're online. The Clio practice management suite also allows users to collaborate securely with clients.

Clio's pricing makes it an ideal entry-level solution for displaced biglaw associates now starting their own solo careers (BigSolos as my fellow SmallLaw columnist Ross Kodner refers to them).

For more on Clio, please watch my video interview of Themis Solutions' co-founder Jack Newton.

2. Automated Backup and Storage: Mozy

I couldn't blame you for skipping this section. How boring is storage, right? Everyone knows you can buy enough storage to hold every fact ever known for practically nothing. So why even discuss storage? Because reliability and access remain the twin holy grails of this field — and you can't expect either from small companies no matter how innovative.

Let's face it: size matters. So it's no wonder that my Best of Show pick in this category is Mozy. This company with the catchy name is really the cuddly face of EMC Documentum, a company that knows security and storage better than practically anyone. Because of EMC's size and deep pockets, Mozy can give away gigabytes of storage for free even before it begins charging. Even then its plans are accessible to pretty much anyone — users pay a small price per computer per month, plus 50 cents/gigabit/month thereafter. Yeah, I'll take that deal.

3. Managed Law Office Services: Total Attorneys

There was only one managed services vendor at TechShow — luckily it would be a good choice even among competitors. Total Attorneys represents an idea whose time has come.

Like Mozy, it sells just enough at a price that is just right. Services include a full complement of administrative tasks that lawyers traditionally suck at: business development, call centers, back-office work, follow up, etc.

There is a catch however — buying managed services means paying retail. And the retail price of these services includes labor, materials, profit, overhead, shipping, taxes, lunch for the crew ... you get the idea. At the end of the day, lawyers often live on a thin slice of profit. Giving that away may not represent a viable long-term strategy. Still, outsourcing may be the only strategy that works for many sole practitioners.

4. Automated Activity Tracking: WorkTRAKR

I really believe that WorkTRAKR, the automated time-keeping application from VoIP provider Proximiti, has potential. The application is a winner even with its built-in limitations. For instance, it works primarily on telephones and email, entirely missing faxes, computer applications, and a number of other billing sweet-spots. But the company is moving in the right direction and the product shows promise. It is Web-based now and works via plug-ins with such standards as Outlook. With some tweaking, WorkTRAKR might actually take some of the drudgery out of billing. We can only hope.

Wrapping It Up …

In the last ten years, TechShow has showcased a number of prodigious advancements in technology. Chief among these has been the transformation of the Internet from a world-wide billboard to a research pipeline and, more recently, to a comprehensive practice solution.

TechShow 2009 gave us still more evidence that anywhere, anytime law practice has arrived. Chances are that next year's show will bring a spate of me-too Web-based practice management vendors, followed by the inevitable shakeout and acquisitions by larger players. I only hope that the best companies make the cut — and the entrepreneurs who founded them don't cut and run after cashing out. Here's hoping that the next ten years are as groundbreaking as the last ten were.

Photo by Adriana Linares, LawTech Partners

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 | Business Productivity/Word Processing | CLE/News/References | Law Office Management | Online/Cloud | Practice Management/Calendars | SmallLaw | Technology Industry/Legal Profession | Trade Show Reports

SmallLaw: Minimum Daily Technology Requirements Part 1: Hardware

By Ross Kodner | Monday, March 23, 2009

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Originally published on March 16, 2009 in our free SmallLaw newsletter.

I've donned my kevlar and am ready to tread on sensitive ground. After slogging through the legal technology trenches for 24 years, I've developed the MDTR — the "Minimum Daily Technology Requirements" for every solo and small firm's technology needs. In today's first of three installments, I'll provide you with your MDTR for hardware.

Let's define minimum. I don't mean it in the absurd way some software publishers do when they say you could run, for example, Vista, on some 15 year old Pentium 4 when Mars and Venus are perfectly aligned. My minimums are really a reasonable balance of suitable functionality and performance for a projected four year life-cycle (or maybe five) for hardware systems. The key is neither underbuying nor overbuying — it's about "Smart Buying."

Also, I'm far less concerned with the brands and models and versions of the hardware and software tools I'm including on my list than the concepts. Technology in law practice, if intelligently viewed, shouldn't be about technology. Instead, technology should be a means to an end or multiple ends: best serving clients, generating professional work product, making a living, and frankly, even injecting some sense of fun and quality of life back into practice. That's what matters in the great scheme of things, not whether one has a Dell Optiplex 360 or 755.

MDTR: Desktop PCs

If it's a desktop, a business-class system from Dell (Optiplex business series only), HP (business series only) or Lenovo (ThinkCentre business series only). You could include Apple in this list as well, but with the limitations to consider that I discussed in my recent SmallLaw column on the subject.

Specifications should include:

Processor: Intel or AMD Dual Core processor (e.g., Intel Core 2 Duo E8400 or better, or AMD equivalent).

RAM: 2-3 GB.

Operating System: Windows XP Pro until Windows 7 is available, proven, and stable. No Vista permitted! Or Mac OS X Leopard with Windows XP Pro running via either Bootcamp, Parallels Desktop 4 with its jaw-dropping "coherence mode," or VMWare Fusion 2.

Hard Drive: 7200 or preferably 10,000 rpm SATA drive — at least 250 GB, but 500+ is better. A RAID Level 1 mirrored pair isn't a bad idea if it's your only PC and your budget permits (use an inexpensive SATA RAID controller from companies like Promise Technology).

Optical Drive: DVD-R.

Networking: Gigabit Ethernet, possibly Bluetooth to sync with your smartphone (which you do have, right?), WiFi (if you're not close enough, practically speaking, to a wired connection to your Internet connection; otherwise, wired connections to your router are always better). Use proper CAT 5e or CAT 6 cables (cheap and reliable for data cabling, not the local rip-off Worst Buy or other Big Box retailers that will charge you $30 for a $3 cable.

Video: Dual-display capable with 256 MB of RAM, preferably with dual VGA connectors with dual DVI adapters for maximum connection flexibility.

Displays: Two 19" at least or preferably larger 22" LCD widescreen displays (don't pay more than $200 each for 22" displays — shop smart via Price Grabber, Shopper.com, and Google Product Search). You might consider one traditional landscape mode display and make the other a pivoting display you can keep in portrait mode for the most efficient document viewing/proofing (with pivoting offerings at about a $50-$100 premium over landscape mode display).

Keyboard/Mouse: You need to be comfortable with your choice. I'm particularly partial to Microsoft's Elite series with the padded palm rests — they're built like tanks. Aficionados of the original IBM TrackPoint and even earlier series keyboards can have their long-deprived fingerlust sated at PC Keyboards and Clicky Keyboards).

Bundled Software: Microsoft Office 2007 (Small Business or Standard edition for most people, Basic if you never need to use PowerPoint), and ideally Adobe Acrobat 9 Standard edition (for most people, but Pro is better with its legal-friendly features. If you need WordPerfect, the latest Office X4 is available at moderate prices.

Warranty: 4 years with at least next business day response time, or if it's your only system, upgrade to same day. Plus plan for the support you'll need related to your software.

MDTR: Laptops

For a laptop that serves as your primary PC, purchase a business-class system from Dell (Latitude business series only), HP (business series only) or Lenovo (Thinkpad business series only). You could include Apple's MacBook or MacBook Pro in this list as well, but with the limitations mentioned above.

Specifications to target should include:

Processor, RAM, OS, Optical, Networking, External Keyboard/Mouse, Bundled Software: Same as above though WiFi is a must, not optional.

Hard Drive: 7200 rpm SATA drive ideally versus more commonly available slower 5400 rpm drives — at least 250 GB, but 320 GB and 500 GB drives are now available.

Video: "Discrete" video is preferred with 128 MB or 256 MB RAM as opposed to "integrated" video.

Displays: For internal displays, 13" and above for regular daily use with either WXGA or higher resolution (1280 x800, 1440 x 900, or 1680 x 1050). Remember the higher the laptop resolution, the smaller the characters.

If you want to connect two displays externally, some laptop docking stations allow this, such as the Thinkpad Advanced Port Replicator with both DVI and VGA ports. Otherwise, use a Matrox DualHead2Go, which runs two external displays (a "TripleHead2Go" model can run three displays).

Docking: Business-class laptops have available docking capability via $100-$200 port replicators. These make lots of sense versus having to plug and unplug half a dozen or more cables every time you get the call on the Bat phone and need to hit the road.

Keyboard/Mouse: There is universal sentiment that on the PC side of the coin, Lenovo's Thinkpad keyboards, born of IBM technology and tradition, are still, bar none, the best-feeling laptop keyboards ever made. On the Mac side, the keyboards on the new unibody MacBook and MacBook Pro systems are a joy to use. I know — I have both.

Warranty: 3 years since you'll wear out and likely keep laptops for a shorter period, with at least next business day response time, or again, if it's your only system, upgrade to same day, more rapid guaranteed response time.

MDTR: Printers

A color or black & white multifunction laser printer can make a great deal of sense, with the key being having enough paper trays. Think about how much time is wasted having to feed envelopes or bond paper into a printer that only has a single paper tray?

With inkjet cartridges costing more than virtually any other liquid on the planet (many times the cost of human blood — that's just plain wrong), avoid them except for special purposes such as dedicated photo printing.

If you email more than print, you can get away with less printing ability. On the other hand, the long term value of a black and white multifunction laser model like the 35 page per minute, heavy duty LaserJet 3035M can prove quite economical in the long run since it may easily last a decade. For smaller volume situations, the HP 2727M comes in at 27 ppm and around $650 with two paper trays (but no digital sending).

For occasional networkable color printing, you could add an HP Color LaserJet CP2020 series printer with a couple of paper trays for about $600 to complement the primary black and white workhorse. And having a "spare" backup printer is always sensible.

The HP theme should be apparent — why? Because HP makes better printers? Not necessarily — it's all about the practical issue of fast and local toner availability. Dimes to donuts you'll find HP toner in stock even at a local 24-hour FedEx, but certainly a local Staples, Office Depot/Max, etc. Other brands might find you one toner cartridge short and out of luck when the printing chips are down to make that court filing deadline.

Finally, add a Dymo Labelwriter Twin Turbo 400 (yes, it sounds more like an exotic sports car than a label printer). These invaluable printing dynamos will pay for themselves rapidly in reduced label consumable costs versus traditional Avery label sheets for your laser printer. Use them to print mailing labels, file labels, shipping labels and even your postage. You'll later email me to tell me it was the best money you've ever spent on a printer.

MDTR Scanners

Aside from the scanning ability in your multifunction device, above, it may make sense to have a desktop-connected Fujitsu ScanSnap (S510 or S510M). Long my favorite Paper LESS Office desktop scanner, these little scanning wonders have become the darling of the "build complete electronic case files set."

With good reason — netting about $350 after rebates, the ScanSnaps earn their deserved fame for solid, reasonably quick 18 pages/per minute duplex scanning (both sides at the same time), and the famous "Big Green Button" to initiate scans in a newbie-proof manner. Plus the bundled Adobe Acrobat Standard edition PDF license.

MDTR: Backup System

Read my recent SmallLaw column on the ultimate data backup regimen for small firms and heed all the advice.

For the solo standalone system, add at least three 500 GB, 750 GB or 1 TB USB 2.0 external drives. Use actual data backup software — Acronis True Image Home in the current edition — for your primary full, nightly automated drive backups, alternating media daily, taking it off-site anywhere daily, and performing at least weekly "mini test restores."

For your secondary layer of protection, use an online backup service such as CoreVault, SugarSync or MozyHome / MozyPro to backup your DATA folders.

Then consider a third layer — real-time data folder backup to an always-connected external 750 GB or 1 TB drive using a program like Second Copy to protect you against downtime. Second Copy will make copies of your data files, as you work on them. If your hard drive fails and you have to wait for repair/replacement/restoration, you can take your Second Copied backup drive to any other PC and work on the files while you're waiting.

And use Windows "System Restore" function to create "Restore Points" before installing any new software, enabling you to roll back in time to your PC's state just before you loaded the "program from hell" that ate your Registry and killed your machine.

Mac users should think about using OS X's wonderful and impressive Time Machine function, whether to external USB drives or to an Apple Time Capsule, wirelessly across their network.

… to be continued.

Written by Ross Kodner of MicroLaw.

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: Backup/Media/Storage | Copiers/Scanners/Printers | Desktop PCs/Servers | Laptops/Smartphones/Tablets | SmallLaw

SmallLaw: Have Social Networks Already Jumped the Shark?

By Mazyar Hedayat | Monday, March 16, 2009

SmallLaw-03-09-09

Originally published on March 2, 2009 in our free SmallLaw newsletter.

Happy Days was a great show — it always had a happy ending but Fonzie provided an edge. But when the Fonz jumped over a great white shark wearing a bathing suit and leather jacket, I lost interest.

So imagine my disappointment when I realized recently that social networking has jumped the shark in the legal profession. How can I tell? A number of telltale signs exist, but first let's review where we've been.

The Rise and Rise of Social Networks …

Given their potential as tools for collaboration, information dissemination, and the creation of a knowledge-base, social networks should be a natural fit for lawyers; they certainly were for me.

In 2000 I went around advocating intranets, extranets, even online discussion groups, to affect lawyer-to-lawyer collaboration. By 2002 I got tired of taking about the subject and deployed an extranet of my own, increasing throughput ten times over by reaching into client offices.

In 2004 I jumped on the collaboration bandwagon again but once more my recommendations were rejected. The typical complaint: lawyers deal with subjects too sensitive to be discussed online. Besides, went the conventional wisdom, social networking was for kids.

Of course when News Corp. bought MySpace for a princely sum and Facebook's valuation exceeded that of most automobile manufacturers, lawyers across the country were left scratching their heads. What a blow it must have been then, when Twitter burst on the scene and changed the game once again. While Twitter's value remains to be calculated, it recently rejected a $500 million offer from Facebook.

I was cheerleading all along as evidenced by my SmallLaw column, Twitter and Friendfeed: They're Not Just for Britney Fans.

Jumping the Shark …

Have social networks become critical tools for lawyers or have they already jumped the shark? A few observations to help you decide:

Feel the Love

Social networks have the potential to create a place in which lawyers can exchange information, ideas, documents, referrals, and other resources. But a check of Facebook, LinkedIn, and the other places where lawyers congregate online reveals the same kind of "you show yours first" behavior that have always plagued collaboration outside of law firms. Remember people: both parties have to contribute before it can be called "sharing." Otherwise it's just "taking," even if you do it online.

It's the Economy Stupid

How the mighty have fallen. I can't go 24 hours without being approached by some Big Law refugee who wants to network. Really? Because I could swear that when times were better these same Ivy League desk-jockeys wouldn't give me the time of day. Now, however, through the magic of social networking, they can become my "friend" without being my friend … if you know what I mean. Isn't technology great?

A Bridge Too Far

In December 2008 I applauded the ABA's experiment in all things Web-based, LegallyMinded.

Indeed, the Web site could have been the first step towards a national conversation among lawyers, especially as firms cut hundreds of associates. However, just a few months after its launch, LegallyMinded could be mistaken for the ghost town known as Second Life. Whatever the fate of the project, the ABA certainly created a national laboratory with this offering. It remains to be seen how the experiment will end.

The Kiss of Death

The final sign that the social networking phenomenon has bitten the dust? Twitter and Facebook are being touted by county and state bar associations as well as by the ABA. In the famous words of a past president at my county bar, "Hey, I'm on Facebook! Now what?"

Hope Springs Eternal …

Although social networking may have jumped the shark as a way for the legal profession to collaborate, internal social networks continue to thrive. As usual Big Law has lead the way, gravitating towards pricey solutions such as Microsoft SharePoint. And predictably, many small firms use the hosted version of SharePoint.

But where does that leave cash-strapped sole practitioners who don't have anyone else at their firm with whom to share ideas and documents? If this need to share really exists, then perhaps I've jumped the gun. Maybe the legal-specific social networks will improve and gain critical mass. And maybe lawyers can learn how to properly use the big three — Facebook, LinkedIn, and Twitter. Maybe, just maybe, social networks haven't jumped the shark after all. Aaay!

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: Collaboration/Knowledge Management | Law Firm Marketing/Publications/Web Sites | Online/Cloud | SmallLaw

SmallLaw: The Rise of BigSolo: Large Firm Refugees Who Start Their Own Law Firms

By Ross Kodner | Monday, February 23, 2009

SmallLaw-02-16-09

Originally published on February 16, 2009 in our free SmallLaw newsletter.

One of my 2009 predictions was that the pace of large law firm downsizing through layoffs, or even dissolving, would increase.

With Heller, Thelen, and Thatcher unthinkably gone, and the "Valentine's Day Massacre" already legendary despite occurring less than a week ago, the prognosis for "traditional" large firms is about as good as it would be for a Stage 4 cancer patient.

With a long dark winter ahead, according to Punxatawny Phil, Spring may not come at all this year for many BigLaw lawyers. As fallout from the economic chill that is gutting the bread-and-butter corporate business of BigLaw, an increasing number of large firm lawyers are jumping ship, before it sinks. And what are many choosing to do? They're going solo.

Yes. Solo.

From BigLaw to BigSolo ...

But these folks aren't ordinary solo practitioners in the way we've come to think of the category. So many solo practitioners have always practiced either on their own, or in small firm situations. They come up the hard way, fending for themselves, often with literally no staff at all, having to learn how to run a business, which most law schools never teach. Traditional solos not only have their JDs, but also a Ph.D from the University of Hard Knocks.

The lawyers emigrating from BigLaw are different. I call them "BigSolos" as opposed to the traditional "SmallSolos."

BigSolos have pinnacle level substantive knowledge in their single chosen practice area. For example, one of my clients is Nancy Hendrickson, recently a partner at Steptoe & Johnson's Chicago office and now the principal of the Law Offices of Nancy L. Hendrickson in downtown Chicago.

Nancy is an extremely experienced securities litigator. Now how many solos do you know who do any securities work at all, no less spend their time litigating securities matters? By contrast, SmallSolos often have general practices with a consumer focus — estate planning, family law, bankruptcy or personal injury work. Some SmallSolos represent small businesses as their outside counsel.

The BigSolo Paradox ...

But practice orientation is not even the biggest difference between BigSolos and SmallSolos.

Many large firm lawyers have always practiced in a BigLaw setting. They clerked for BigLaw while in law school. After their appellate clerkship, post-graduation, they became associates at BigLaw firms. They've wracked up 10, 15, or 20+ years at these firms. And now they're afraid for their jobs and book of business. They're worried about being laid off. They're worried about their firms suddenly doing a "Heller Ehrman" and announcing dissolution.

And most realize how little they know about running a business.

As Nancy Hendrickson observed, "I was used to having an army of staff available to help with everything — IT people whenever I needed them, paralegals and admin staff, not to mention the perks of large law firm life."

After years of being used to having endless staff to help with everything, and being insulated from the need to run, or the knowledge of how to run a law practice as a business, BigSolos may be ill-equipped to face the sudden and sometimes harsh realities of being a small business owner.

From the perspective of a new BigSolo, Nancy Hendrickson noted "that it's hard for clients in this economy not to be attracted to the same services at the lower rates I can now bill. The reaction has been overwhelmingly positive and I'm busier than I had expected. Clients are not only okay with my move to solo practice, they're thrilled at the lower cost impact on their businesses."

Notwithstanding these advantages, Nancy is the first to admit she needs professional assistance on the administrative side of her practice, especially technology and marketing. She astutely concluded that representing herself pro se on her own technology issues made little practical or economic sense. But will all newly minted BigSolos be so prescient? Hard to say.

The paradox is the gap in knowledge — a BigSolo might be a published, top expert in their specific substantive practice area, but may simultaneously be at the bottom of the curve in knowing how to start and run the mechanical and administrative side of law practice. Many also may not be used to having to make rain. A former colleague, perhaps the department chair while at BigLaw, may have been the rainmaker who showered business upon them. And now, the BigSolo must wear many hats:

  • Rainmaker
  • Firm Administrator
  • Office Supply Manager
  • HR Manager
  • Facilities and Leasehold Manager
  • Public Relations and Marketing department
  • Webmaster/Blawgmaster/Twitterer
  • CLE Compliance Administrator
  • IT Manager or IT Liaison with Outside IT Personnel

Oh yes, and one more, if in fact there's time:

  • Lawyer

BigSolo Versus SmallSolo ...

What does BigSolo mean for the solo and small firm market? Watch out! Your ranks are in the process of swelling as more and more BigLaw lawyers become BigSolos, either by choice or necessity. They'll bring top-notch legal skills and in many cases a potent book of commercial business.

When the economy tightens, and they need to compete for smaller clientele, they'll become arch-competitors — formidable challengers for the traditional base of SmallSolo clientele.

Some BigSolos will fail miserably and learn the hard way that all the grass is not necessarily as green as it might seem on the solo side of the fence. But the BigSolos who get "it?" The BigSolos savvy enough to retain the right outside expertise at the outset of their adventure? Look out SmallSolos because those BigSolos may eat your lunch and make LegalZoom seem like a gnat by comparison.

Just ask Nancy Hendrickson. She has succeeded by bringing in professional help. It's hard to imagine Nancy not running circles around her former practice and colleagues, offering the same top-notch BigLaw expertise at a SmallSolo rate — just what the current economy ordered.

I anticipate high demand and short supply for "do it all" consultants who can create a law practice to wrap around a BigSolo's substantive abilities. I'm thrilled to be among those helping to make this happen and transforming the legal world in the process. We live in interesting times. BigSolo, let's see what you can do.

Written by Ross Kodner of MicroLaw.

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: Law Firm Marketing/Publications/Web Sites | Law Office Management | SmallLaw | Technology Industry/Legal Profession

SmallLaw: Does the New Asus EEE Top Set a New Precedent for Law office Productivity?

By Ross Kodner | Monday, February 16, 2009

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

Legal netbook fans take note! Asus of netbook fame released a fascinating new product late last year, which was re-introduced at CES 2009. It's called the Asus EEE Top 1602.

The more I think about it, the more I think it isn't just yet another member of the burgeoning EEE family of mini-systems, but possibly something revolutionary. This may just be the perfect accessory for your small firm's primary workstations — a second workstation for your desk.

What Is the Asus EEE Top?

It's essentially the guts of Acer's popular 1000H netbook (see my review of the 1000H in an earlier SmallLaw column). The EEE Top is replete with an Intel Atom N270 (1.6 GHz) processor, 1 GB of RAM, a 160 GB hard drive, N-series WiFi, built into a stand-up desktop, all-in-one-ish chassis with a 15.6" wide-mode display, and a wired keyboard and mouse.

One difference versus the Asus EEE netbooks is its use of an ATI Radeon 3450 discrete video system versus the earlier netbook's more minimalist integrated Intel graphic chipset — document image and digital photo viewing should benefit.

Plus the 15.6" wide-mode 16:9 format display. Ah, but that's no ordinary wide-mode LCD display … it's a touch-screen. Available in white or black, it's a little like either a smaller scale version of HP's pricey TouchSmart series of all-in-ones, or like an iMac "Junior" — with the white version having more than a passing resemblance to the previous generation of iMacs.

The operating system is Windows XP Home, commonplace in current netbooks — so we're spared the personal torture Vista would inflict on such a system. While it's no processing powerhouse, anyone who has used an Atom-equipped netbook has seen how zippy these systems are. And also, it's hard not to notice the quick boot-up and shut-down times versus regular Windows systems.

What is fascinating about these systems isn't Windows — certainly not. But Asus' "Dashboard" system evokes memories of its original netbook, the too-tiny to be useful EEE PC701 model. What I enjoyed about the 701 was its Linux GUI — elegantly simple, visually uncluttered and fast! Dashboard looks a lot like the 701's Linux GUI and includes a number of touch-enabled utilities with real promise. When you view the YouTube demo (see below) pay attention to the "memo" function. It literally lets you write memos on screen with your finger — very slick.

So What Would a Small Firm Do With an Asus EEE Top?

I can think of several scenarios. In the office, think of using it as a secondary network-connected PC, handling communication functions, and thereby unburdening one's primary system from those functions.

Use it as your Skype machine, have a browser open, run an intra-office IM system like the very slick Outlook Messenger, monitor your Twitter feeds, keep a posting window open for your practice's blog, monitor the news, etc.

Or what about placement at your receptionist's desk — use it to display your firm's marketing message via a slideshow running in a window — and one that welcomes visitors. Or take it much further and allow clients to check in when they visit. Let them press their own personalized welcome button on-screen, which could execute a Windows macro (using a program like MacroExpress) notifying their lawyer and his/her assistant, pulling up the client's matter in the case management system with the information about the appointment for a final briefing before the meeting (with the client's picture of course, to jog the memory).

How about another one for the kitchen counter at home? Use it to check the Food Network for the evening's recipe, place Peapod orders, and leave hand-touch-written memos for the kids about the lasagna in the fridge just needing to be heated in the convection oven.

Conclusion

So it is a KitchenTop? I think so. How about a ConnectTop for your office communications? Yes, I can see that. What about a SecondTop — just another PC to run secondary programs to unburden your primary PC? Whatever it may be, the Asus EEE Top seems to be much more than a low-budget iMac or TouchSmart. The Top may be hard to top for work and play. Sign me up — I can't wait to review it.

Asus Product Page for EEE Top

Slashgear's EEE Top Review

Shiny Tech TV's EEE Top Review (Video)

Postscript: A Message to the Mac Lawyers Who Dissed Me

Finally, a note to all the surprisingly unfriendly Mac Lawyers who trashed my pro-Mac SmallLaw column.

Guess what people, today's column was written in Microsoft Word 2008 on my 13" MacBook acquired in December 2008. Does that make me a "Mac person." Nope. Just like I'm not a "Windows person." Rather, I'm just a "person" not defined into a mere label by virtue of whatever computer or operating system I happen to use at any given moment. How ironic is it that devoted users of one of the friendliest technologies ever created are some of the least friendly legal technology consumers I've ever encountered?

For those of you who read only my SmallLaw column and don't know about the onslaught that ensued, read Sadly, Mac Lawyers Proved the Points Made in My Recent Article and Thank You Bill Pope.

Written by Ross Kodner of MicroLaw.

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: Desktop PCs/Servers | SmallLaw

SmallLaw: Alone Again (Naturally): The Perils of Solo Practice

By Mazyar Hedayat | Monday, February 16, 2009

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Originally published on February 2, 2009 in our free SmallLaw newsletter.

Two months have passed since I've written for SmallLaw. For the record, my absence was not entirely due to writer's block. Despite making changes in the way I work to make time for my writing, I'm busier than ever. Not that I'm doing better financially. I'm just putting in more time at the office. Much more. Why? Because for the past year and a half I've been truly "solo."

(Not) Solo by Choice

My status is not by choice. I'd like to make that clear. My associate took another position in Q3 2007 and, despite having trained him and worked with him through thick and thin for 6 years, he gave me 2-week notice and was gone.

Since then my office has been an experiment in sole-practitioner hell. Mind you, I tried to replace him. Well, not "replace." Instead, I reasoned that with scads of technology in place I ought to be able to hire paraprofessionals, even clerks, and maintain the quality of my work.

Instead, I have chewed through 16 employees over the past year and a half — attorneys, paralegals, and clerks. Not one of them could fulfill even the limited function for which they were hired.

Finally in April of last year I fired the remainder of my good-for-nothing staff and vowed to do every job in the office myself. Since then I've missed an average of 20 calls a day, have constantly missed deadlines, am always behind in my work, cannot find time to research anything, never get to complete more than a single draft of a pleading, letter, or contract, have not slept more than 5 hours, have not taken a vacation, work on weekends and holidays, have had virtually no preparation for any hearing or trial, see my family for an hour a night before falling asleep on the couch, and have twice worked myself into the hospital.

But the worst aspect of the past few years is that prospects who were ready and able to hire me ended up going elsewhere rather than waiting for me to get started on their cases or just respond to them (my average response time these days is about 14 days).

Do You Feel the Freedom?

But that is a small price to pay for the freedom of being solo, right?

Being referred to as "solo" implies that I cannot inspire a group of like-minded professionals to work with me, attract enough business to grow my practice beyond myself, and/or I am incapable of investing to keep up with client demand. Yet none of those things is true. I have had as many as 10 people working at my law office, plus 3 at my title company and another 10 at my Web company.

But once I admit to practicing alone people begin speculating as to why. Social misfit? Poor hygiene? Anger management problem? Functioning alcoholic? Disciplined by the bar?

Yet blogs like My Shingle, listservers like the ABA's Solo Sez, and a prodigious number of writers, continually wax poetic about how wonderful it is to practice alone. Just between us, that persistent cheeriness seems a little forced, don't you think? Like that friend on their second marriage who can't wait to tell everybody how very wonderful their new significant-other is. Who are they trying to convince anyway? If it's so great to be solo, why let everyone else in on the secret?

Of course sole-practitioners offer many reasons why being an army of one beats working with other lawyers. They don't compromise, live life on their own terms, are masters of their own destiny, determine their own work-life balance, make as much money as they want, take vacations at will, and most of all they [insert your favorite cliche].

Not only that, but they answer to no one except themselves. And clients. And judges. And staff. And creditors. And the attorney oversight authorities. And the IRS. And opposing counsel (who cam ruin their week just by filing two motions at the same time). And sole-practitioners handle it all without seeking guidance or obtaining support because who can you turn to when you're going it alone? Good for them.

Joining the Dark Side

Could it be that practicing solo isn't as cool as some would have us believe? I'm still thinking it over, but in the meantime I continue to look for that larger stage. That group or firm where I can practice without having to count pennies, call upon staff to research and orchestrate presentations, pleadings, and trials without having to be sleep-deprived in the process, get paid for my work rather than haggling with clients who nickel and dime my every move, and (dare I say it?) find time to write and blog ....

But let's talk about that another time. I have a brief due and haven't begun writing it yet.

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: Law Office Management | SmallLaw | Technology Industry/Legal Profession

SmallLaw: The Ultimate Backup Regimen for Law Firms

By Ross Kodner | Monday, December 15, 2008

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Originally published on December 8, 2008 in our free SmallLaw newsletter.

I am a veteran of many a late night restoring data from the failed systems of my clients over the years. Since 1985 when I started consulting with law practices full time, I've made backup system/process recommendations to thousands of law practices of all sizes. I've had to sit and restore systems from backup media — often pulling all-nighters at client offices to nurse their systems back from the brink. I've seen it all.

From cassette tapes in the wild, wooly frontier days of the early 80's to floppies to the earliest backup tapes, through the Pre-Dark Ages (called the Colorado Memory Systems era) to the true Dark Ages (the "Travan Nightmare"), to Bernoulli disks, to Zip drives and their "Click of Death", to Magneto-Optical drives, to DAT, DLT, LTO and VXA tape, to tape libraries, to external hard drives, to modern D2D SATA systems, through the complete evolution of online options.

It's enough to put you to sleep. And it does. At many small firms, dangerous ignorance, rampant tempting of the fates and taunting "nah, nah, nah, nah, nahs" to Mr. Murphy and his famous law still seem to be the order of the day.

But while nothing is as tedious and boring to talk about as backups, it's the one technology that will one day save your law practice and your entire ability to make a living from utter apocalyptic destruction. Hence my:

Great Truths of Small Firm Data Backup

1. Why We Do It. It's not about backing up, it's about restoring.

2. Tape Is So 1990's. No one should backup to tape media anymore. "Disk to disk" or "D2D" backup is the sensible approach for primary daily backups.

3. Don't Tempt the Fates — Spread Out Your Protection. Your backup approach should have several layers of protection — never put all your backup "eggs" in one basket.

4. Bad Things Happen to Good Lawyers. Expect and prepare for the worst and be pleasantly surprised if it never happens.

5. Primary Backup. A full nightly automated backup of your primary server/system. That means everything, not just your view of "data" and never ever an incremental backup under any circumstances. Why? Because trying to stitch someone's system back together from a patchwork of miscellaneous incremental backups spread across multiple media is a nightmare that I never want to live through again. Full backups take the longest and require the most storage space, but they're also the fastest to restore and that's consistent with rule number 1 above.

For the best written explanation of full backups versus incremental versus differential backups, read this TechRepublic article.

6. Primary Backup Part Two. Use actual data backup software suitable for either an individual PC or a network server. When backing up networks, you'll need backup "agents" to backup open files, Microsoft's Exchange Server, and provide you with a disaster recovery function to rapidly restore a repaired system post-crash. Never use any backup software that comes built into any version of Windows. For networks using the popular Microsoft Windows 2003 Small Business Server my favorite is Symantec's Backup Exec for Small Business Server. For individual PCs, I recommend Acronis TrueImage Home.

7. Alternate Media Each Day. Alternating daily between at least five (or more) disks makes sense and minimizes the risk of having bad backup media. More is better. For example, using a 10 disk set provides two weeks of restorable "snapshots" plus you can add an 11th rotating "monthly" cartridge. An annual cartridge that never gets shelved after being backed up to on 12/31 each year is best.

8. Store the Media Out of the Office. Store it in a different building as far from the office as is practical each day. It does you no good if the backup media melts in the office fire.

9. Secondary Backup Offsite. If ethically permissible in your jurisdiction, conduct data-only backups, automated in real-time or after-hours to either Mozy or MozyPro (I like the interface for restoring and pricing) or alternatively CoreVault.

10. Image Backup to Protect Against OS Blowups on Workstations. Use Acronis TrueImage or Symantec Ghost to keep an "image" backup of each class of PC setup so you can quickly restore a blown-up Windows system (or quickly setup a nearly-identical new PC).

11. Test! The most important point — exercise your backup systems. Do a "mini test restore" from your primary backup media at least weekly. Randomly pick a couple of documents, restore them (move the originals to a safe place first). It's amazing how many people I know who backup but have absolutely no idea whatsoever how to restore files (see item number one above).

12. Dispose of Old Backup Media Intelligently. When you dump your antiquated and unreliable tape-based system, either keep the media forever or physically destroy the media to prevent unintended/unauthorized recovery of your confidential client and firm information.

13. Be Redundant! Look for other ways to protect your data or reduce the chances of expensive downtime. In servers, use a "RAID Array" of hard drives (stands for "Redundant Array of Inexpensive Drives"). RAID Level 1 at least for mirroring of functions between a pair of drives. RAID Level 5 adds smart error correction and rebuilding capabilities to reduce downtime if a network drive fails. Use heavy-duty SAS (f/k/a SCSI), server-intended hard drives in your server, not workstation-intended cheaper, lighter duty SATA drives.

14. Think About Spot Backup. What about critical stuff you can't afford to lose in between your multiple backup layers of protection? The Great American Trial Brief. A chapter of your long-awaited book. The greatest trust agreement in the history of the universe.

Use your word processor's emergency backup function. I set mine to auto-backup every five minutes in both Word and WordPerfect in case the software crashes. Know how to recover those .BKx files when you need to (before the disaster happens, eating your document in a puff of digital smoke). Consider emailing in-process documents to yourself at your Webmail account for "spot offsite backup" purposes. Think about keeping a hefty 4, 8 or even 16 GB flash drive plugged in and get used to double-saving key documents and emails to the flash drive as well as their regular folders. So think "spot."

I Kid You Not

I'm sure I could come up with more rules if I really thought about it but this list should keep you out of trouble. Failure to follow these field proven, hard-fought, University of Hard Knocks-learned lessons puts your entire practice in abject peril. That's no exaggeration. That's reality. I beg you to backup. Your practice depends on it.

Written by Ross Kodner of MicroLaw.

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: Backup/Media/Storage | SmallLaw

SmallLaw: Twitter and Friendfeed: They're Not Just for Britney Fans

By Mazyar Hedayat | Monday, December 1, 2008

TechnoGuide11-24-08 

Originally published on November 24, 2008 in our free SmallLaw newsletter.

Do you Twitter? FriendFeed? If not, you are among the 98% of the legal profession that neither knows nor cares about the Web 2.0 flavor of the month. But this edition of SmallLaw is not about a fad or Johnny-Come-Lately development. Twitter, Friendfeed, and a variety of similar services are here now and offer a world of possibilities — no technical knowledge required.

Of course it's one thing to say these services can change the way we practice, but something else to explain how, or why we should bother. What is the justification, the use case as they say, for change? Let's start by looking at what these systems do and how you can put them to work.

Microblogging: Like Blogging But Much Easier

In 2004, a featureless text protocol called short-message-service (SMS) was poised to take over the world. While it certainly made a dent, costs prevented it from world domination.

Around this time, a plucky little company called Twitter stepped in to provide its own brand of instantaneous asynchronous one-way communication arranged in a chronological list: the microblog.

Today Twitter is bigger than ever, and its appeal keeps growing. Need I mention it's free. Its popularity has given rise to such me-too services as Jaiku, Pownce, and Yammer. Instead of trying to understand all the nuances of Twitter, let's see how you could use it in your law firm.

Use Case: Always in the Know

Imagine what would happen if you and your colleagues continually added comments, documents, pictures, etc. into one long, self-updating list that every contributor could see. The result, it turns out, is like being in 10 places at once. You can get the scoop from the office, the courthouse, the meeting, etc. all at once or categorized by sender, location, subject, etc.

Lifestreaming (Casestreaming)

In 2005 a Web site called Dandelife enabled users to enter information as if they were blogging, and at the click of a mouse switch to a timeline view. Early adopters consisted of self-absorbed Gen-Ys to discuss their life stories — hence "Lifestreaming."

But a funny thing happened in 2008 when a company called FriendFeed focused on combining multiple information streams about each user and presenting them as one master stream. This version of "Lifestreaming" was completely different and had vastly different ramifications.

Use Case: The Closing

Lifestreaming (let's call it Casestreaming for our purposes) obviously has a number of uses ranging from turning case information into an instant, scalable timeline, to viewing the interplay among parties, employees, judicial opinions, statutory developments, etc. in juxtaposition to one another in real time, and even for billing and time-tracking. An example might look like this:

  • 1:00 PM Lawyer: Mr. Client can I see documents from your closing?

  • 1:20 PM Client: Uploads 3 pictures and 10 documents from closing.

  • 1:40 PM Lawyer: Here is the timeline of events leading up to closing.

  • 1:50 PM Auto-Confirm: Timeline sent to client and wiki page for case.

  • 2:00 PM Paralegal: Mr. Lawyer, the file will be ready for 3 PM meeting.

  • 2:20 PM Reminder: Event @ 3PM meeting (receive file from Paralegal).

I could write more about these tools but why? All you really need to know is that microblogging and casestreaming are in their infancy, nobody has all the answers, and there are as many use cases to be made as there are lawyers willing to put these tools to work. Which is definitely how it should be. I invite you to take a look at your own small firm and figure out a use case of your own. I guarantee you'll find at least one. Then drop me a line and let me know what you've found. You can find me on Twitter.

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: Email/Messaging/Telephony | Online/Cloud | SmallLaw

SmallLaw: Macs in Law Firms: Get Them for the Right Reasons, Not "Just Because"

By Ross Kodner | Thursday, November 13, 2008

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[Publisher's Note: This issue of SmallLaw has sparked a fierce debate in TechnoLawyer and elsewhere. I would like to clarify one issue in particular. We wrote the original title of the column, not Ross (Why Macs Don't Make Sense Once You Look Past the Cool Factor). It's common in publishing for the production team to write titles as opposed to the author. We have changed the title to prevent any confusion about the nature of the article. The article itself remains unchanged. I think people who read the article will find it well-reasoned even if they disagree with Ross' suggestions. Thank you for the lively debate. Please keep it civil. (I'm writing this note on a 2008 Mac Pro.) — Neil J. Squillante, November 25, 2008]

Originally published on November 10, 2008 in our free SmallLaw newsletter.

I hate evangelism. I hate it in the context of religion. I hate it in the context of computer operating systems. Evangelism always seems like an attempt to supercede reality with surreality, overriding fact with embellished opinions masquerading as fact. It's dangerous because it's often presented by those who sound convincing and well-informed.

Recently on the ABA's Solosez listserver, subscribers posted questions such as: "I have to replace my computers. Should I switch to Macs?" Responses, from the MacEvangelistas appeared nearly immediately as: "of course." Neither qualifying questions, nor any inquiries into the software being used by these folks on their Windows systems. Just a quick "yes!"

Let me say that I absolutely love Mac OS X. It's what Windows should have been. I am actually "bi-platform" (I run Tiger on my late '05 vintage PowerBook G4). But the discussion of why small firms should switch to a Mac seems all too often based on misinformation and personal preference versus sound business logic and appropriate needs analysis.

If you want a Mac at home, get a Mac! Born without impulse control, I quiver when I walk into an Apple Store. I experience a nearly uncontrollable urge to splurge (I know I'm in trouble when the "rationalization-of-buying-random-crap" voice in my head starts to play through the "so how many frequent flier miles would this MasterCard charge get me" script).

But when outfitting your small firm, apply business logic. If the apps you want to run come in native OS X versions, great — get a Mac. But what if the apps you need are Windows programs? For example, you use Time Matters, PracticeMaster, PCLaw, Abacus, Amicus Attorney, etc. You use Worldox GX to manage your documents and email. You're an Outlook addict. You have the Tabs3 or Timeslips billing system. You have a slew of Windows utilities like Payne Group's Metadata Assistant, Levit & James' CrossEyes, Payne's Numbering Assistant. You have BestCase Bankruptcy. You're using HotDocs 2008 to generate estate planning documents. Etc.

It makes no business sense to run these Windows apps on a Mac. Period.

Why Not Run Windows on Your Mac?

  • Software Costs: You have to buy Windows, rig up the machine for dual-booting with Apple's Bootcamp or virtual machine operation with Parallels or Fusion.

  • Time Costs: You have to pour time into getting Windows working, install and configure each app, download all the Windows updates, and move over all your data.

That's at LEAST a half a day or more of time. If you do this during the business day, each hour costs $150-$300 of otherwise billable time.

  • Technical Support: If you plan on running the Windows system in a "virtual machine" you can kiss most legal software technical support good-bye. Most legal software companies won't support you if they find out you're running their programs under an "unsupported" operating system. Logical? No. But in an era of technical "unsupport," vendors will look for any excuse to blame problems with their software on you.
     
  • Hardware Costs: Is Mac laptop pricing comparable to Windows machines? Yes, but comparable to higher-priced Windows machines. Many sub-$1000 Windows laptops and sub-$500 netbooks exist. Mac laptops are usually more expensive than the comparably spec'd Windows laptops people actually buy. Plus Apple's bundled iLife suite won't help you much at the office so it's not as much of a bonus as it is for a home user.

You Can't Run a Business on "Cool"

Are Macs cool? Sure, we've all been manipulated by 24 years of the cleverest product branding and advertising anywhere. But can you run your small law firm on "cool?" If you're running Windows apps primarily, does it make sense to opt for form over function? Likely not — unless you make a conscious choice to defy common sense. Paraphrasing Monsieur Voltaire, I may not agree with your choice of computing platform, but I will defend to the death your right to do so.

The "Macs Cool, PCs Suck" mantra of the evangelists is too simplistic. But some Mac evangelists are wiser and use a different argument.

They claim you can just use Web applications (a.k.a. SaaS — Software as a Service). Technically true. But I'm just not convinced they're ready for prime time for practical and logistical reasons. Many experts argue persuasively that it's premature to use Web apps for mission-critical needs.

Now, before all Mac-addicts turn on their flamethrowers, let me be clear. Again. I love Macs! I use a Mac! But I use it the way it was intended to be used — running the objectively superior OS X. I use it with OS X native apps — in particular Microsoft Office 2004 and 2008.

And let me be even more clear by making a much needed public outcry right here: We need legal software developers to produce Mac OS X native versions of their products. When these products exist for my clients, I'll tell everyone: "Get a Mac" — if you can justify it using sound business logic of course.

Photo by Etchasketchist. All rights reserved.

Written by Ross Kodner of MicroLaw.

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: Networking/Operating Systems | SmallLaw
 
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