Lawyers are an insular people. The social experiment is begun in the first year of law school. The July before you start law school, you’re a well-rounded individual. By September of your 1L Year, you can’t talk with normal human beings anymore, people are afraid that you’ll sue them and you’re muttering things like promissory estoppel over and over again to yourself, and no one else in particular. When you start to practice, nothing much changes. The lifestyle of the lawyer is not a far cry from law school and your studying for the bar exam. Long hours; total immersion in the law. It’s no surprise, then, that lawyers can get a bit squirrelly when removed from their comfort zone.
And, even though I don’t practice law anymore, I can be the same way; I can still do those sorts of lawyer things. So, it was with trepidation that I ventured out of the warmth of my office to attend the Small Business Administration’s Small Business Survival Expo in Boston on January 14. Obviously, I was wondering what a lawyer could take away from something like this, something that was not specifically geared to lawyers.
I must say that I was pleasantly surprised. And, that it took an advance of thinking to find my way to the usefulness of the event, and the importance of the vendors on display. To discover the importance of attendance at such an event, we must apply two corollaries to the way we think about law practice management: 1. the small law office is very much a small business, with certain ethical and regulatory requirements unattached to the general small business; however, those special ethical and regulatory requirements do not somehow make the law office not a business; 2. in the context of an economic recession, lawyers have to explore as many business opportunities as possible: the advantage that you find (and that your competitor doesn’t) may mean the difference between success and failure. That being said, there are a number of general small business resources that the clever solo or small firm attorney may take advantage of.
Of the vendors I spoke with at the SBA event, the companies and agencies I mention below provide services that may be helpful to attorneys; and, all of these companies indicated a willingness to work with lawyers.
The Small Business Administration’s Boston and Springfield District Offices provide free online training, can help you to access small business loans and make available free newsletters and publications. Accion USA offers small business loans and financial literacy education. The Dorchester Bay Economic Development Corporation facilitates small business loans for Boston and Dorchester small business owners. The Center for Women & Enterprise supports the efforts of female entrepreneurs through business management programs, networking opportunities and the dissemination of financial advice and information. The Commonwealth’s State Office of Minority and Women Business Assistance was initially formed to provide female and minority business owners access to government contracts, but is expanding, to provide more general business services.
Perhaps the best takeaway from this event was the discovery of The Insurance Partnership of the Commonwealth of Massachusetts, which provides assistance to qualified employees and employers who cannot pay for health insurance. Assistance from The Insurance Partnership, in an economy where every expense has to be watched, considered and reconsidered, can mean the difference between continued survival and closure, for a small business on the edge. And, I never would have known about this program if I had not attended the Small Business Survival Expo, which just goes to show: “One of the most important things in life, is showin’ up.”
Even outside of the dire circumstance of the business on the edge, in an economy this tight, every advantage that you discover, and that your competitor does not explore, provides a unique opportunity. So, jump out of your box; and, while you’re out there, think of your new surroundings. It’s sometimes the dark horse that wins the race.
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Saturday, January 31, 2009
Thursday, January 29, 2009
Presentation At Boston College Law School - Going Solo
I made a presentation with my fellow Massachusetts Bar Association Law Practice Management Council members. These included Sally Stratman, Executive Director at Rubin & Rudman, Terry Walsh, President of Mass. Bar Association Insurance, Inc., and Alan Klevan, LPM co-chair and founder of Law Practice Strategies. This quick paced presentation did provide a bedrock foundation for opening a new practice; however, this high energy presentation left inadequate time to fully discuss all of the topics we wished to cover. Rather than cramming more information into a short period of time, I offered to publish my PowerPoint presentation online to try to help fill the gap.
I hope that you find the presentation useful. If you have any questions please contact us.
I hope that you find the presentation useful. If you have any questions please contact us.
Friday, January 23, 2009
Guest Post: SJC Ruling on Employment Discrimination in Thurdin Case Affects Solos and Small Firms
On January 6, I attended a program at the Boston Bar Association on the topic of “Employment Discrimination Claims and Small Businesses”. The program’s faculty analyzed the impact of the SJC’s decision in Thurdin v. SEI Boston, LLC. Since the ruling affects solo and small firm attorneys, as it does any other small businessperson, an explanation of the decision has its place on this Blog. One of the program presenters, Mary Jo Harris, a partner at Morgan, Brown & Joy, LLP, New England’s oldest and largest management-side law firm, has been kind enough to provide us with this guest post explaining the Thurdin case and its import. We are certainly grateful to Mary Jo for extending her expertise to the LOMAP Blog:
In its recent decision in Thurdin v. SEI Boston, LLC, 452 Mass. 436 (2008), the SJC held that the Massachusetts Equal Rights Act, G.L. c. 93 § 102 (“MERA”), may be used to bring employment discrimination claims in instances where the provisions of the Massachusetts anti-discrimination statute, G.L. c. 151B, does not apply. The court left open the question of whether MERA may apply in cases where Chapter 151B also applies; however, the reasoning applied in Thurdin strongly suggests that the courts will entertain such claims. This is an important decision for labor and employment lawyers and small business owners alike.
In Thurdin, the plaintiff brought a claim against her employer, a small company of only three employees, alleging pregnancy discrimination. She first filed with the Massachusetts Commission Against Discrimination (“MCAD”), alleging violations of Chapter 151B. The charge was dismissed for lack of jurisdiction, since Chapter 151B prohibits unlawful discrimination by “employers” and defines “employers” as having six or more employees. Plaintiff’s federal claim, brought under Title VII, was likewise dismissed because that act, by its terms, applies to employers with fifteen or more employees. Thus, plaintiff had no recourse under either federal or state anti-discrimination statutes.
Plaintiff then filed in Massachusetts state court under MERA, which provides in part: “[a]ll persons within the commonwealth, regardless of sex, race, color, creed or national origin, shall have … the same rights enjoyed by white male citizens, to make and enforce contracts . . .” After reviewing the legislative history of MERA and Chapter 151B, the SJC ruled that, where plaintiff has no recourse under the anti-discrimination statutes because the employer is too small to fit within the statutory definition, plaintiff may bring a claim under MERA. The court also concluded that the statutory language of MERA is broad enough to encompass claims arising in any aspect of the employment relationship. Further, for employees of small businesses, the Court’s decision suggests that age (over 40) and disability are also protected classes, pursuant to Chapter 93, § 103.
Significantly, MERA does not require plaintiffs to file first at the MCAD, but allows them to file directly in court. Although the Court did not address other implications suggested by the statute (since these issues were not pertinent to the appeal), the Court noted that the statute of limitations may be longer for MERA claims, and the standards of proof (“totality of the circumstances”) may be much lower than in traditional discrimination claims. Finally, the Court left open the question of whether MERA claims may be brought in conjunction with Chapter 151B claims, after the MCAD has performed its function.
Employers with fewer than six employees – including law firms – must be aware of the Court’s decision. Given the resources that must be devoted to employment litigation, small businesses must be vigilant in ensuring that their policies and practices comply with the law, and that their managers are sensitive to potential claims under MERA.
In its recent decision in Thurdin v. SEI Boston, LLC, 452 Mass. 436 (2008), the SJC held that the Massachusetts Equal Rights Act, G.L. c. 93 § 102 (“MERA”), may be used to bring employment discrimination claims in instances where the provisions of the Massachusetts anti-discrimination statute, G.L. c. 151B, does not apply. The court left open the question of whether MERA may apply in cases where Chapter 151B also applies; however, the reasoning applied in Thurdin strongly suggests that the courts will entertain such claims. This is an important decision for labor and employment lawyers and small business owners alike.
In Thurdin, the plaintiff brought a claim against her employer, a small company of only three employees, alleging pregnancy discrimination. She first filed with the Massachusetts Commission Against Discrimination (“MCAD”), alleging violations of Chapter 151B. The charge was dismissed for lack of jurisdiction, since Chapter 151B prohibits unlawful discrimination by “employers” and defines “employers” as having six or more employees. Plaintiff’s federal claim, brought under Title VII, was likewise dismissed because that act, by its terms, applies to employers with fifteen or more employees. Thus, plaintiff had no recourse under either federal or state anti-discrimination statutes.
Plaintiff then filed in Massachusetts state court under MERA, which provides in part: “[a]ll persons within the commonwealth, regardless of sex, race, color, creed or national origin, shall have … the same rights enjoyed by white male citizens, to make and enforce contracts . . .” After reviewing the legislative history of MERA and Chapter 151B, the SJC ruled that, where plaintiff has no recourse under the anti-discrimination statutes because the employer is too small to fit within the statutory definition, plaintiff may bring a claim under MERA. The court also concluded that the statutory language of MERA is broad enough to encompass claims arising in any aspect of the employment relationship. Further, for employees of small businesses, the Court’s decision suggests that age (over 40) and disability are also protected classes, pursuant to Chapter 93, § 103.
Significantly, MERA does not require plaintiffs to file first at the MCAD, but allows them to file directly in court. Although the Court did not address other implications suggested by the statute (since these issues were not pertinent to the appeal), the Court noted that the statute of limitations may be longer for MERA claims, and the standards of proof (“totality of the circumstances”) may be much lower than in traditional discrimination claims. Finally, the Court left open the question of whether MERA claims may be brought in conjunction with Chapter 151B claims, after the MCAD has performed its function.
Employers with fewer than six employees – including law firms – must be aware of the Court’s decision. Given the resources that must be devoted to employment litigation, small businesses must be vigilant in ensuring that their policies and practices comply with the law, and that their managers are sensitive to potential claims under MERA.
Thursday, January 15, 2009
A Socratic Method: The ABA's Next Legal Career Guide
I am excited to welcome LOMAP’s new law practice advisor as a contributor to the Massachusetts Law Practice Advisor blog. Jared Correia, Esq., has practiced with several law firms in Massachusetts and worked as the publications attorney at the Massachusetts Bar Association before joining LOMAP. A profile of Attorney Correia can be found at http://www.masslomap.org/articles.htm. Jared will bring a new, exciting and different voice to the blog. I believe he will contribute greatly to our discussion of law practice management as you will see in this enjoyable book review he has contributed below. Without further ado, here is Jared Correia:
The 2008 Edition (the Fifth) of the ABA's The Legal Career Guide: From Law Student to Lawyer ostensibly offers advice to the law student becoming lawyer. A cursory view of the Guide’s contents and a look after the official publication date (September 2008--the start of school) seem to combine to indicate that the practiced attorney or recent graduate may have missed out on the offered wisdom by a factor of years. The Legal Career Guide, as read in order, does indeed present a chronology of the authors’ prescribed best way to land the legal job of your dreams. The authors themselves, however, warn against such a reading, indicating, instead, that readers should pick out sections of the book as they need them, such that the text becomes something of a working field guide for the job search. Taken in this context, the Guide’s broader implications become clear. Add to your consideration the outside influences bearing upon a January reading, and the general applications of interest that may be found: a new year, a new school semester, a new fiscal quarter and a boatload of new attorneys, with or without paddles, just sworn in. Turn to Chapter 4: Anyone looking for a new job must identify his skill set and work values, so that he can find companies that require his particular skills and that match his personal values. Flip to Chapter 25: Every practicing attorney should keep his finger to the pulse of changes in the profession, such that he can predict the movements in his specialty and can make adjustments where necessary, to better manage the progress of his career. The Guide certainly does the job promised: It’s an excellent substantive primer for law students seeking their first jobs; but, there is something here for every attorney.
Be warned, however, that this is not your run of the mill Career Guide. It reads like a how-to written by the child of an unholy union of Ludwig Wittgenstein and Bill Belichick. It is a philosophical tome (you remember the Socratic Method, right?) dedicated to the principles of hard work. If there are two generic pieces of advice to be derived from this book, they are as follows:
Know Thyself. And, Introduce Thyself to Others.
There Is No Substitute for Hard Work and Preparation. Measure Nine Times. Cut Once.
There are, however, so many practical tidbits thrown into the Guide that those who believe Plato to be a molding clay will find numerous things upon which to hang their hats, or their shingles. Chapter 11 covers the proper design of a resume, and walks the reader through the process of funneling a large mass of experience into a cogent and appealing advertisement of the self. Chapter 12 underscores the often-overlooked importance of researching employers prior to the application, to make as certain as possible that the fit will be right. The appendices are worth the price of admission. Appendix A represents a fulsome list of career resources, some of which are accessible via the Web. Certain useful Sites include: the under-utilized Craigslist for job searching; the MyShingle Blog for solos, small firms and startups; and, The Common Scold for insight into the law and technology. Appendix D is instructive for its lists of the “real-life” duties involved in specific attorney positions, so that you may find out what your employer may not tell you: exactly what you are getting into.
The Legal Career Guide is no perfunctory handbook, but represents a thoughtful and reasoned approach for finding a legal job you want. This is especially valuable in these difficult economic times.
The Legal Career Guide: From Law Student to Lawyer is available through the LOMAP Lending Library.
The 2008 Edition (the Fifth) of the ABA's The Legal Career Guide: From Law Student to Lawyer ostensibly offers advice to the law student becoming lawyer. A cursory view of the Guide’s contents and a look after the official publication date (September 2008--the start of school) seem to combine to indicate that the practiced attorney or recent graduate may have missed out on the offered wisdom by a factor of years. The Legal Career Guide, as read in order, does indeed present a chronology of the authors’ prescribed best way to land the legal job of your dreams. The authors themselves, however, warn against such a reading, indicating, instead, that readers should pick out sections of the book as they need them, such that the text becomes something of a working field guide for the job search. Taken in this context, the Guide’s broader implications become clear. Add to your consideration the outside influences bearing upon a January reading, and the general applications of interest that may be found: a new year, a new school semester, a new fiscal quarter and a boatload of new attorneys, with or without paddles, just sworn in. Turn to Chapter 4: Anyone looking for a new job must identify his skill set and work values, so that he can find companies that require his particular skills and that match his personal values. Flip to Chapter 25: Every practicing attorney should keep his finger to the pulse of changes in the profession, such that he can predict the movements in his specialty and can make adjustments where necessary, to better manage the progress of his career. The Guide certainly does the job promised: It’s an excellent substantive primer for law students seeking their first jobs; but, there is something here for every attorney.
Be warned, however, that this is not your run of the mill Career Guide. It reads like a how-to written by the child of an unholy union of Ludwig Wittgenstein and Bill Belichick. It is a philosophical tome (you remember the Socratic Method, right?) dedicated to the principles of hard work. If there are two generic pieces of advice to be derived from this book, they are as follows:
Know Thyself. And, Introduce Thyself to Others.
There Is No Substitute for Hard Work and Preparation. Measure Nine Times. Cut Once.
There are, however, so many practical tidbits thrown into the Guide that those who believe Plato to be a molding clay will find numerous things upon which to hang their hats, or their shingles. Chapter 11 covers the proper design of a resume, and walks the reader through the process of funneling a large mass of experience into a cogent and appealing advertisement of the self. Chapter 12 underscores the often-overlooked importance of researching employers prior to the application, to make as certain as possible that the fit will be right. The appendices are worth the price of admission. Appendix A represents a fulsome list of career resources, some of which are accessible via the Web. Certain useful Sites include: the under-utilized Craigslist for job searching; the MyShingle Blog for solos, small firms and startups; and, The Common Scold for insight into the law and technology. Appendix D is instructive for its lists of the “real-life” duties involved in specific attorney positions, so that you may find out what your employer may not tell you: exactly what you are getting into.
The Legal Career Guide is no perfunctory handbook, but represents a thoughtful and reasoned approach for finding a legal job you want. This is especially valuable in these difficult economic times.
The Legal Career Guide: From Law Student to Lawyer is available through the LOMAP Lending Library.
Monday, January 5, 2009
Learning to Use Acrobat 9
An important factor in making the decision about which software you will purchase is the usability, or ease of learning critical functions of the software. Software is made more usable if it is intuitive for the user and if there is simple affordable training which demonstrates how to quickly use the intuitive functions. In the competitive software market for creating and editing PDF documents Adobe continues to aggressively position itself as one of the leaders in the legal industry with its Acrobat 9 product. Acrobat 9 provides an extensive array of useful tools for the legal professional (similar tools can be found in Nuance's PDFConverter 5).
These tools range from the simple creation of a PDF document to useful tools for law practice management such as email archiving and support for a paperless office. The litigation attorney may use the tools necessary for producing discovery - the ability to redact confidential information, including metadata, and bates number the documents. The personal injury attorney may create a demand letter package with supporting documents using Adobe's PDF Binder or Portfolio, the appellate attorney can create the eBrief, and the closing attorney can create a Closing Binder. The trust and estates attorney may want to use the form creation for client intake. However, all of these tools are useless unless an attorney or staff can learn to use all of this functionality quickly and efficiently.
Rick Borstein, an Adobe employee, has sought to meet this challenge with his blog: “Acrobat for Legal Professionals” where you can watch his free Online Training Movies. The training movies are well done and quickly demonstrate how to use these Adobe Acrobat 9 functions. If you use Acrobat I would suggest that you watch these training segments.
These tools range from the simple creation of a PDF document to useful tools for law practice management such as email archiving and support for a paperless office. The litigation attorney may use the tools necessary for producing discovery - the ability to redact confidential information, including metadata, and bates number the documents. The personal injury attorney may create a demand letter package with supporting documents using Adobe's PDF Binder or Portfolio, the appellate attorney can create the eBrief, and the closing attorney can create a Closing Binder. The trust and estates attorney may want to use the form creation for client intake. However, all of these tools are useless unless an attorney or staff can learn to use all of this functionality quickly and efficiently.
Rick Borstein, an Adobe employee, has sought to meet this challenge with his blog: “Acrobat for Legal Professionals” where you can watch his free Online Training Movies. The training movies are well done and quickly demonstrate how to use these Adobe Acrobat 9 functions. If you use Acrobat I would suggest that you watch these training segments.
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