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A Law Practice Advisor for Massachusetts Lawyers

The Massachusetts Law Office Management Assistance Program makes itself available to help attorneys licensed in Massachusetts (or soon to be licensed) establish and institutionalize professional office practices and procedures to increase their ability to deliver high quality legal services, strengthen client relationships, and enhance their quality of life. For further information go to http://www.masslomap.org/.


Friday, February 27, 2009

Finding a Mentor: Tool for Success

I believe that finding mentors is critical for an inexperienced lawyer’s long term success as an attorney and businessperson whether they are starting a solo practice or working for a firm. A lawyer may need multiple mentors because of the many demands of creating a successful practice today. Not only must a lawyer learn how to practice the law – which as one of my professors said long ago “is more an art than a science”, but you also must learn the business of practicing law. While most law students know how to research well, they do not know how to file a complaint, answer interrogatories, serve a subpoena in a foreign jurisdiction, run a conflict check, etc. Although most attorneys can slowly learn and understand the “practice and procedure” that governs how attorneys practice in Massachusetts, an experienced mentor can and will provide advice which will not only save time, but often will prevent unnecessary and costly mistakes.

Equally new to many attorneys is the operation of the law office, or the business of practicing law. In fact, as we all know, most attorneys have no training in business practices. I am constantly being asked questions about the most basic issues related to opening and operating a law office. I am very sympathetic to these questions because they are the same questions I asked years ago. Attorneys approach me about issues arising from office sharing, running a home office, whether to operate as a corporation, L.L.C., L.L.P., or sole proprietor, and what kind of software and hardware they should purchase. New attorneys need to know how to open an IOLTA account and keep it reconciled. These same attorneys are looking for good forms to insure smooth operations: forms for conflict checking, client interviews, fee agreements, non-engagement letters, and disengagement letters. The list of questions is endless and, in this case, truly none of the questions are dumb.

The question is how to find mentors that are helpful and will provide timely meaningful advice. First, for business operational matters the Massachusetts attorney can always contact Mass. LOMAP and we will be happy to help. However, many other excellent resources exist. Several bar associations in Massachusetts have mentoring programs. The Women’s Bar Association of Massachusetts (“WBA”) has a well regarding mentoring program which is described as a “mentoring circle”. Each circle consists of 10 to 15 women of varying levels of experience. The Massachusetts Bar Association (“MBA”) also has started a mentoring program. This program focuses on pairing new lawyers one-on-one with experienced lawyers (seven or more years) who are willing to consult on areas of the substantive law that comprise 50 percent or more of their practice. The Boston Bar Association (“BBA”) has just announced its free group mentoring program which is “specifically designed for a diverse group of practicing lawyers less than eight years out of law school." The application for the program may be found online. I had trouble finding the mentoring programs on both the MBA and BBA web-sites, but I am sure that if you telephone, both organizations will be helpful.

There are a number of less formal avenues to receive valuable mentoring from an array of attorneys and consultants that practice around the country. For example, the American Bar Associations’ SoloSez email discussion list provides an excellent forum for finding out what solo and small firms from around the country are saying about the same marketing, finance, and law office management issues facing you. Anyone can join and participate so long as you follow a few simple rules. Recent popular discussion threads included whether to use Vonage for telephone service, Wills and Trusts Software Packages, IOLTA Credit Cards, and Bar Preparation. The active list serve participants are happy to give advice. The list can be a little overwhelming; therefore I recommend setting up a separate Gmail account for use with the SoloSez list serve. A local resource for networking and discussion about Massachusetts substantive law is the MA-sezers. A growing group of attorneys, consultants, and legal technologist are on Twitter (twitter.com), LinkedIn, facebook, and legal sites such as Legal OnRamp. In addition, there are numerous local attorney networking groups in Massachusetts such as Business Lawyers Network – Newton and Boston and the Women Attorneys Network of the South Shore to name a couple. If you cannot find a networking group that works for you, then create your own mentoring network. Finally, the best mentor may be the attorney down the hall, on the next floor, or that lives next door.

Finding mentors is about developing long term relationships with other attorneys. Those relationships not only lead to mentors, but also referrals, and, friendships. You have nothing to lose and much to gain from developing good relationships with your colleagues and fellow professionals.

Wednesday, February 18, 2009

The Revolution Will Not be Televised; It Will be Tweeted

I’m not gonna lie to you, because that’s not the kind of guy I am: I just don’t like Twitter. As a regular user of Facebook, I see Twitter as nothing more than a co-opted feature of Facebook: Twitter is a scroll of your status updates, and the status updates of your friends. (My first thought: Why not just use Facebook?) The buzzword that has developed for this sort of connecting (you have to have a good buzzword these days) is “micro-blogging”. To my mind, “tweets” seem far too micro to be blogs, of any kind, in earnest; but, I won’t argue semantics, or try my thumb as a stopper against the onrush of popular culture. Nevertheless, I will say that my cellphone does not flip, its screen does not roll over when I hold it on its side, nor does it connect to the Internet. It makes phone calls. Now, I do like GMail and Facebook; but, if you dropped me in the center of Iowa next week, and told me to farm the land, I’d get to farming the land; and, I wouldn’t care if I never saw another computer again in my life. That being said (I could live without technology), does not mean that this is being said: I do live without technology; all I’m saying is that, if I am going to use some new form of technology, it has to be intuitive (think: Could a five-year-old do it?) and truly useful.

Even though I’m not fool enough to believe that privacy is anything other than an antiquated relic of the 20th century, until the uses and applications of tracking information become more transparent, I will prefer to labor under the delusion that I can disappear when I want to, such that no one will know where I’m having dinner next Tuesday night. To that end, I tend to avoid (or to make so cryptic that no one can understand) my personal Facebook and GChat status updates, AIM away messages and Tweets. The question then becomes: What use do I have for Twitter if I don’t want anyone to know where I am and I don’t really care to know where anyone else is?

Plenty. Twitter may well represent a revolution in legal marketing. Think of the ways in which attorneys digest and produce information. The common theme is this: timing is everything. People who bill out at 6 minute intervals can’t access the leisure moments required of reading news articles; in fact, they’re likely weary of reading this blog post by now, if they haven’t stop reading already. Their answer is Twitter. Twitter allows you 140 words to produce your information. You are forced to drill down to the essentials of your subject matter, before releasing your tweet upon the wider world. The fact that Twitter can be routed to a business purpose far more easily than the other social networking options listed above is to its great advantage. The fact that it fits so easily into the attorney consciousness, by bending around the lawyer’s pre-existing frame of mind, is why attorneys love it.

Although marketing can be defined very generally as what you do to get clients, marketing is not just about getting the word out direct to targeted areas of the general population that best represent your potential client base. Remember that referrals from other attorneys represent the bulk of client intake. One of the best new ways to build your referral base is through twittering. It is far easier and less time-consuming than traditional face-to-face networking. It takes moments to compose a tweet that pops up on the scrolls of all those who follow you. The more followers you have, the more the word is spread. Once you have tweeted, you are just one forward, or “retweet”, in the vernacular (I know, I’m sort of creeped out by the specialty language as well), away from reaching all of the followers of those who deem your riposte repeatable, excuse me, “retweetable”. Get retweeted by someone with thousands of followers, and you’re in business. The calculus begins to make itself apparent, no?

On one level, the concept is simple and familiar: Do everything to build your Twitter network online that you would do to build your personal network offline . . . Set yourself up as a specialist, and as an expert within that specialty. Promote your appearances and your publications. Express your willingness to take and make referrals. Keep in regular touch with the people in your network. Remember that building anything takes time. On another level, the concept may be difficult to grasp and will create the discomfort of unfamiliarity: But, nevertheless, Do take advantage of all that Twitter has to offer . . . To get started, check out the What, Why and How of Twitter. Sign up, invite your friends, and tweet some. Once you’re ready to dive in, review these 100+ Twitter tips, check out one of the two competing Twitter dictionaries (where you can learn about the wonders of hashtagging, among other things), download Tweetdeck or Twhirl to manage your account and watch how some of the frequent/your favorite twitterers operate. Some folks in the Twitter world who have, in my humble estimation, tamed the medium, each in their own way, are: http://twitter.com/bobambrogi, http://twitter.com/leannahamill, http://twitter.com/kevinokeefe, http://twitter.com/jennsteele, http://twitter.com/alexisneely, http://twitter.com/ClaxtonLegal, http://twitter.com/Rex7, http://twitter.com/lawbiz and http://twitter.com/healthblawg.

Now, I am certainly not advocating the taking of a Twitter stance in lieu of face-to-face marketing (there is still something to be said for a handshake, and for looking someone in the eye--that is, if you can stop texting for a moment), but Twitter is another valuable tool for your toolbelt. And, you should do everything you can, in the real world, and online, to increase your exposure.

Oh . . . and one more thing: Follow me on Twitter!

Monday, February 9, 2009

LOMAP to Blog Live from the ABA TECHSHOW Road Show February 11

I will be Live Blogging from the February 11 ABA TECHSHOW Road Show, which takes place at the MBA's Boston office this Wednesday from 9:30 to 3:45.

The Road Show will feature nationally prominent law practice management advisors, including our very own Rodney Dowell. I'll be engaged in an interactive marathon Live Blog for the entire show. There are five program sets established, with the choice between two events for each. I will be attending the following sessions:

9:30 to 10:30 -- The Mobile Office: Take Your Desktop in Your Pocket

10:45 to 11:45 -- Turbocharge Your Practice With Affordable Technology

12:00 to 1:15 -- 60 Law Practice Management Tips in 60 Minutes

1:30 to 2:30 -- PDF-ing for Lawyers

2:45 to 3:45 -- The Lawyer's Guide to Managing Client and Case Information with Outlook

Join the conversation as below:



And, go easy on me . . . This is our first-ever Live Blog!

If you miss the Live Blog, it'll be archived in this space following the completion of the ABA TECHSHOW Road Show.

Any access questions, give me a call (before the event) at (857) 383-3252. I hope to chat with you this Wednesday.

If you're crazy enough to try Live Blogging yourself, you can use Cover It Live for free, too!

Sunday, February 8, 2009

Big Apple Core: LegalTech New York 2009

The most complicated thing about techshows, or tech shows, is the determination of the appropriate way to describe them. Is “techshow” one word, or is “tech show” two words? However you call it, LegalTech New York 2009 (which resolves the issue by leaving the term out entirely) is the premier technology fair for the East Coast attorney. LegalTech New York is a splendid bazaar. Featuring well over 200 vendors and covering 3½ hotel floors, LegalTech New York is a monolithic event, tending to the spectacular, plenty of Turkish delight.

It speaks to the accessibility of modern technology, and our understanding of the uses (if not the underlying construction) of modern technology, that a group as traditionally technophobic as lawyers should have presented, for their benefit, a massive convention dedicated exclusively to schwag-festooned displays touting the most advanced technological features available to the legal community. But, this is more practical consideration than anything else. Smart attorneys realize that increased efficiency equals increased productivity equals increased revenue. The easiest way to increase efficiency is by the continual updating of the business technology platform.

Making a trip to LegalTech New York is a guaranteed blue chip investment in an otherwise unstable market. The realized benefits you derive from products you first learn about at LegalTech New York will more than pay for your trip to the show; and, if you are watching finances, and wary of an initial investment, remember that your attendance at the exhibitor floors will cost you exactly zero dollars. Just bring your Caravan; there’s a lot of ground to cover.

Of course, LOMAP, being a non-profit organization, cannot afford a caravan; so, you’re left with me, all alone, against the Big Apple. I’d like to think I did a fair job of coverage, considering the ratio of vendors to Jareds.

Of the booths I hit, from the booths I passed on, here are, categorized, some of my favorites:

Case Management Systems

Client Profiles has created a full-service case management system (part of a suite of law firm products). Client Profiles is designed for use and integration with Microsoft systems. A limited number of free trials are available at the LOMAP Milk Street office. LawBase is matter management software with document assembly and conflict check capability, the SmartFolders feature (which allows you to create custom folders) and other advances for the latest release: LawBase 12. LucidIQ’s caseManager is an intuitive, web-based case management platform featuring robust workflow and information management applications. Needles is a popular case management system that bills itself as the most customizable system on the market. Needles prides itself on the incorporation of user suggestions into future product designs.

Dictation

Nuance’s Dragon Naturally Speaking 10 Legal is specially designed for legal professionals, and boasts drafting speeds three times faster than typing, with 99% accuracy. Dragon may be applied to word processing, email and web browsing. iDictate is a virtual dictation service. Billed as a pocket secretary, and basically a call-out service for dictation, iDictate offers a connection to a human typist through a variety of electronic devices. A limited number of free trials are available at LOMAP’s office. Winscribe offers both speech recognition and transcription services, across a variety of platforms, as digital dictation workflow management continues to be one of the fastest growing areas of legal technology.

Information Storage and Security

With the May 1, 2009 effective enforcement date of Massachusetts General Law Chapter 93H and associated regulations, it will become critical for businesses, including law firms, to properly protect collected personal information. Fortunately, there are companies that can assist Massachusetts attorneys in installing the protocols and programs necessary to comply with the law. Riley, Carlock & Applewhite specializes in document retention and security, and performs the neat trick of analyzing your document to produce a flow sheet covering privacy information requirements for your state and the federal system. Mimosa Systems provides an array of technical support services, including those covering compliance with rules and regulations relating to data protection. RenewData offers comprehensive data management and protection services.

Miscellaneous/Quick Hitters

I had the distinct pleasure of traveling down to LegalTech with one of the owners of TurboLaw. TurboLaw has always provided quality forms and documents, but has recently launched easy-to-use time and billing software. Sign up for a free thirty-day trial at the website . . . Agent Legal has created a federated search engine for legal professionals. The product enables users to gather, organize and share information from multiple, disparate resources within a single platform. Want to search Westlaw and Lexis at the same time? Now you can . . . Check out Rick Borstein’s excellent Adobe Blog: Acrobat for Legal Professionals . . . Deadlines on Demand is an automated rules-based calendaring system designed for small firms. Import all of your trial deadlines to your Outlook calendar using this pay-per use website that is powered by CompuLaw . . . Going paperless is easy with Fujitsu ScanSnap products. For archiving, indexing and searching your scanned documents, try Rebus Technology’s Recollect Enterprise 6.5 . . . For cutting edge trial presentation needs, check out Sanction . . . Build your own website, have them build it for you or help them build it. (Priced accordingly.) Register.com can help you help yourself. . . Event Management Systems provides room and event calendars with loads of special features designed to help you get a handle on the meeting glut, whether your internal meetings are weighing you down or whether you rent out your space to others . . . EncoreTech offers Office 2007 trainings, so you catch up on Microsoft’s latest platform, sooner . . .