A Credenza Sampler: New Practice Management System Functions as Outlook Add-On

Think of it. Where do you spend most of your time during the workday? In your email, right? Yet, all of these practice management systems exist separately, outside of Outlook--although most do provide sync and integration. But, wouldn’t it be great if someone could develop a practice management system that exists within, that operates within, Outlook itself? Well, someone has . . . and you won’t be getting rich off your idea.

Hey, don’t blame me, you’re the one who sat on it.

Credenza is a recent entry into the “Law Practice Management System” market. Why it has been named Credenza, I don’t know; as far as I can tell, it has nothing to do with furniture. Their slogan, however, is catchy: “Improve Your Outlook”. (.500 would be a tremendous baseball average.) And, the improving your Outlook part is what Credenza offers that is entirely unique in the arena of law practice management systems. While other practice management programs are systems separate (residing on your computer, or at a dedicated server) from Outlook, and sync with Outlook, Credenza is an add-on to Outlook, operating, in essence, then, as a set of functionalities and functional improvements grafted onto Outlook. Outlook itself is not a practice management system; Credenza, though, turns it into one.

Credenza works by engaging Outlook in a couple of different ways: It creates new functionality within Outlook; and, it improves existing functionality within Outlook. The most immediately noticeable change to Outlook that Credenza makes upon installation is the addition of three new panels at the lower left-hand corner of the screen. You’ll begin to see options for “Matters”, “Time Sheets” and “Phone Calls”. The “Matters” option is the most important part of the Credenza system, as it is the organizing principle for the whole she-bang. This is where you are labeling your case files, as “matters”: by client name, file number . . . however you do it. The baseline for Credenza’s operation is in the association of Outlook activities with matters, so that you can have options for viewing a clearer picture of all activity within each matter. In using Credenza, you will cause to be assigned to each activity its root matter. When creating a new matter, you can adopt rules for associating activities, and can even establish certain billing parameters, from the word “go”.

The “Matters” tab is one way that Credenza adds new features to Outlook; creating new activity panels is another way. Credenza, for example, allows you to track phone calls. Once you pick up the phone, you open a new phone call note. When you open the note, a timer will automatically start, which timer you stop when you complete the call. You can establish rules for archiving calls (to specific matters, e.g.), and can dial out from your computer (using an existing Outlook feature). And, once you train yourself to archive phone calls, and to use the option regularly, all the records for your phone calls will become activities in Outlook, can be viewed under specific matters, and can be billed out. The “Phone Calls” activity addition is a boon for careful attorneys, and sure beats sticky notes. Credenza also allows you to capture time using Outlook activities old and new (the new being Credenza elements introduced). Given the amount of time you operate in Outlook, the use of Outlook activities for tracking time is perhaps the truest measure available for how your time is actually spent.

Although Credenza is a wonderful time tracker, it cannot appropriately be called a billing platform. Clicking on the “Time Sheets” icon will allow you to view processed and unprocessed time entries, for a filtered time period. In order to bill for that time, you’ll need to export to your billing platform. Credenza provides templates for “posting” (i.e.--exporting) to TimeSlips and Quickbooks, as well as wizards for posting to other systems. Credenza keeps track of bills that have been posted, and disables billing for those--so you’ll never be allowed to double-bill. Time entry functionality exists all over the place in Credenza, and not just at and around the “Time Sheets” view. You can make a time entry from any Outlook activity view. The simplicity and ubiquity of the time capture feature of Credenza is inescapable--in a good way. Credenza even provides a “Time Entry Assistant”, coming formally dressed in tuxedo t-shirt, because it’s formal, but also knows how to party. One of my favorite niche features of Credenza is that the system allows you to bill at settled increments (e.g.--at 6 minutes). In addition to the main additions that Credenza makes to the standard Outlook menu, it also provides: flexible reporting options; a date calculation function that determines due dates by calendar or business days, and can account for statutory holidays; a documents relation option that associates file paths for documents to Credenza matters (so that you can view documents, in addition to activities, at the “Matters” window); a conflicts checking system (global search); and, a chronology view of associated activity for each file, covering historical and future events.

Besides the additional functionality that Credenza adds to Outlook, Credenza also improves upon the existing functionality in Outlook. It adds one-touch time entry and matter association options to emails, appointments, tasks and notes. It adds two new columns to email (inbox), task and note views, showing matter association and time entry status. Credenza allows you to automatically associate activities to matters (e.g.--emails to johndoe@gmail.com always become associated with the John Doe matter), and to automatically associate time entry to activities accomplished within matters (generally, think along the lines of Outlook rules). If you don’t like that, you can ask Credenza, instead of automatically processing items, to remind you to do so. If you hate to be nagged, you can turn off the reminders all together, and proceed manually. If you’re really a free spirit, and you don’t want to be held down by the standard set-up for Credenza, you can add custom fields, and remove some existing fields. Credenza also allows you to associate Outlook contacts to matters, and to assign those contacts “roles” (e.g.--judge, opposing counsel, witness), for further definition, within the context of matters. Associating contacts in this way becomes helpful for conflict checking purposes, providing additional a priori information. If you frequently work form your smartphone, you can associate activities to matters by including the matter name in the notes field of a newly-created activity (e.g.--Matter: John Doe). You also have the option to work away from the office without attaching tagging notes, and to associate later, when you have returned from going mobile, to be back at your desk.

Overarching all of this is the menu that really ties everything together in Credenza: the Matter View. In the Matter View, you can choose to see a list of all activities associated with a matter, or you can filter for sets of particular activities associated with a matter. You can also view or perform customizations here. If part of the appeal of Credenza is that it looks and feels like Outlook, this is the part of Credenza that looks and feels most like a law practice management program.

Credenza also offers collaboration features for small numbers of associated persons (up to three), labeled by the Credenzers as “work groups”. Existing users may invite new users to, and invited persons may accept invitations for, Credenza work groups. Within a work group, each user shares any activities that have been associated to matters by any other user, such that an effective change in one place in the work group takes effect over the entire work group, immediately. Work groups offer some added collaborative features, e.g.--phone callbacks can be assigned; shared calendars and a drag and drop feature between calendars are present; and, timekeepers are specified and may be assigned. New views include the ability to see which team members are assigned to which activities. I must say that I really like the collaborative views that are provided in the work group environment: the ability to view a personal calendar in relation to, and abutting, the shared group calendar is extremely useful; and, the same sort of viewpoints gets applied to tasks and notes, as well.

Credenza has some very impressive features, as relayed above; and, there are a number of significant advantages to using Credenza; however, there are some drawbacks to the system, as well--the most obvious being that, if you don’t have Outlook, you’re fairly out of luck. But, in choosing the Outlook platform, Credenza has gone for the largest portion of the business email market: I understand that. Collaboration is limited to three persons. This makes it difficult for larger offices to effectually use the product. There are no administrative controls, either, in the work group setting. The only thing that users can do is to hide information by not associating activities to matters. A more flexible system would be an improvement. The largest potential problem of all, however, is that Credenza runs as an Outlook add-on, which is both its best feature, and its most vexing bogeyman. Outlook is the lifeblood of modern practice. If Credenza causes your Outlook to go wonky, or to run slowly, it’s a serious problem. If Credenza incapacitates your Outlook, it’s a potential disaster. One immediate issue I have had in using Credenza is that it has slowed my Outlook, and has caused some odd things to happen with some incoming messages (text disappears at second opening). Of course, I must temper this by saying that I am, perhaps, an outlying test case. Due to the nature of my work, I have a number of add-ons to Outlook already. Credenza does test for compatibility with add-ons, but it’s impossible to test for every add-on, and for every combination of add-ons. The issues that I had, though, would not immediately stop me from using Credenza, and more time with the product could allow me to access a fix, perhaps through the use of a nifty little feature that allows you to tag an email error message, or wonky email message generally, to be sent directly to Credenza email support. And, since Credenza is an Outlook add-on, you can always disable the add-on and/or remove the program.

In the final analysis, I think that the advantages of Credenza far outweigh the negatives, and potential negatives, of Credenza. It is remarkably robust for a new program. And, it is uniquely impressive. If you want to take Outlook to the level of a professional practice management system, Credenza is the only way to go.

But, as I always say (well, as Levar Burton always says, and as I continue to rip him off), “Don’t Take My Word For It”. Visit the Credenza website, and check out their features list, their FAQs, their training videos, and their array of support options.

If you discover that you have an interest in potentially adopting Credenza for your use, there’s only one way to find out for sure whether it’s the right fit: hop onto the free trial for a couple of weeks.

And, if you decide to buy, you’ll be pleased to know that I have saved the best for last: Credenza only costs $9.95 per month, per user.

. . .

Liner Notes

The other day, I was on the train, my iPod being on shuffle, like e e cummings. At one point, the shuffling resting upon Culture Club’s “Karma Chameleon”, I became taken in-- I must have listened to it, like, five times in a row. (I only have one question: What exactly is a "karma chameleon"? The Geico gecko starring "My Name Is Earl"?) I do love cheesy pop tunes. And, this was one of my Dad’s old CDs that I had imported; so, we can only assume that a love for bubble gum pop music is genetic. Beyond the culture club, I began to think of the other sorts of embarrassing music that I listen to. I’m seriously like that Asian guy in the minivan on the State Farm commercials, only the stuff I listen to is much worse. At least Kansas was a rock band. What, then, are my guilty pleasures?

Well, you could seriously blackmail me pretty good if you ever discovered some of the mix tapes I made between the years 1988-1993. But, I’ll save you the trouble, laying bare to the internet, my shame . . . I even like pretty much all of Paula Abdul’s early stuff , I must admit.

Here are some of my favorite bad pop songs:

“That’s What Love Can Do” by Boy Krazy

“She Ain’t Worth It” by Glenn Medeiros featuring Bobby Brown

“With Every Beat of My Heart” by Taylor Dayne

“Shake Your Love” by Debbie Gibson

“Round and Round” by Tevin Campbell

"Wild West" by The Escape Club

“Lift Me Up” by Howard Jones

“Room At the Top” by Adam Ant

The Cathy Dennis Three-Pack (“Touch Me”/”Just Another Dream”/”Too Many Walls”)--yes, all three; and,

much of the lamest portions of the Fleetwood Mac catalogue, late (“Hold Me”/”Everywhere”/”Little Lies”) and early (“I Don’t Want to Know”/”Over My Head”) . . .

But, I can honestly say that I enjoy the experimental “Tusk”, as well.

Does that make any of this at all better, or will I have to grow a beard like “The Fugitive”, and begin hiding out under a bridge, with a Walkman and Z. Cavaricci pants?

This Way to the MBA: Annual Conference to Feature Data Privacy Component; “MBA On Demand” Online CLE Releases

The Massachusetts Bar Association is recently active on a couple fronts, with new offerings of interest to Massachusetts attorneys.

. . .

The revived and revitalized Massachusetts Bar Association Annual Conference (this year’s version being also known as “AC10”, for you hipsters out there) will take place over the course of Thursday and Friday, March 11 and 12, 2010 at the Westin Copley Place on Huntington Avenue in Boston. This year’s Annual Conference will feature the tried and true “Recent Developments in the Law” series (covering, as you might expect , um, recent developments in the law, in various practice areas), the MBA’s Gala Dinner (featuring Morris Dees, founder and lead trial counsel for the Southern Poverty Law Center) and the Access to Justice Awards Luncheon. Beyond these staple events, however, the MBA has also added to the AC10 edition of its annual conference two specific upgrades: a Law Practice Management track running concurrently with the Recent Developments track; and, the inclusion of a Data Privacy plenary session, following the MBA President’s address at the head of the first day of the conference.

The law practice management offerings include a plenary session on social media for lawyers, as well as breakout sessions covering: building your practice in a down economy, avoiding lawyer meltdown, billable hour alternatives, the movement toward the paperless office, making the most out of a limited budget and the popular “60 Sites in 60 Minutes”. Speakers include the eminent: Ross Kodner, Dustin Cole, Bob Ambrogi, Jay Shepherd, Lisa Terrizzi, Allison Shields, Alan Klevan, Leanna Hamill, Gabriel Cheong, LOMAP’s own Rodney Dowell and LCL’s Gina Walcott.

The data privacy session, “Protect Your Firm and Client Information: Compliance with the New Massachusetts Data Privacy Laws”, is moderated by LOMAP’s Rodney Dowell (what doesn’t he do, really) and includes an overview presentation by David Felper, coverage of enforcement issues by Scott Schafer, IT compliance review by Blake Martin and a panel discussion, that will be led by Rodney, and that will feature Dan Crane and Kurt Baumgarten. The data privacy coverage is particularly timely, given that the Massachusetts data privacy regulations are set to take effect March 1.

View a full conference agenda here. Register for the conference here.

. . .

But, does the MBA stop at its annual conference? Of course not. They press on, on to Online CLE. Will they stop there? Of cour . . . well, I don’t know. Maybe they will stop there. It’s really not for me to say . . .

The MBA has recently released “MBA On Demand”, the platform for accessing certain of its CLE programs via online video. A number of programs have already been made available, some of which are free; and, more programs will be coming, added as they are archived from recording. You can find a list of available “On Demand” programs at the MBA On Demand homepage.

The viewer screen for MBA On Demand features an interface at which you can also view associated presentation documents, among other nifty features.

. . .

Not bad for an organization approaching its 100th birthday. Alert Willard Scott.

Garage Banned Music: Records Management and Disposition for Attorneys

In honor of the XXI Winter Olympiad, being currently held in Vancouver, British Columbia, which was previously most well-known as being the filming site for the X-Files television show, for seasons one through five, let’s, this week, talk records . . . client records. Psyche. That was a pretty fierce burn, you have to admit.

(Perhaps I’m surly because Jessica dragged me to “Valentine’s Day” over the last long weekend; but, such is the trade-off, I suppose, for being allowed to watch ”Monsterquest” on History Channel.

Then again, I kind of liked “Valentine’s Day”. Wait, Did I say that out loud?)

. . .

Although the question might strike as impossible in 2010, it does not go unasked: “Since I’ve just retired as an attorney, What do I do now with the 30 years’ worth of client files that I am keeping in my garage?” The short is answer: get to work, because you have a long road to hoe. The snarkier answer is: you should have planned against the realization of this moment, but now it’s too late.

Most persons reading this posting are likely still in practice, or establishing a practice. That being the case, the questions become a bit warmer, and tend to a more favorable resolution than merely rolling up one’s sleeves, although that sort of sweat equity is still involved. Two of those aforementioned, warmer questions, then, present themselves, as follows: By what physical methods might you reduce those piles while you are still in practice, such that records will be appropriately disposed of, on a rolling basis, rather than confusedly dumped, all at once, at the end? (Let’s leave aside, for now, the option of “going paperless”, and transferring, to the extent possible, former paper records to electronic formatting.) What management methods adopted would lead to the approach of the same conclusion? Let’s address each matter in turn.

You know, you don’t have to keep all of your client records forever. You can dispose of them, within bounds. The Board of Bar Overseers has produced an updated article covering client file disposition, which is available here; the article, by Dan Crane, former chief bar counsel, is the BBO’s latest and last public statement on the topic. You should certainly read the article on your own, and in toto; but, the upshot, for purposes of our discussion, is as follows:

-Valuable property should be delivered to the client or stored indefinitely.

-Client fund records may be destroyed 6 years after termination of representation.

-Other client files should be retained for an “appropriate time” following termination of representation; but, no specific time frame has been established as “appropriate”. Since client files are the property of clients, clients should be provided notice and an opportunity to object to the destruction of their files. After a reasonable notice period has lapsed, client files (not items of value or client fund records) may be destroyed. Client files should be destroyed in a way that maintains client confidentiality.

This article, then, including references available within to the Massachusetts Rules of Professional Conduct, represents an excellent summary on the question of client file disposition for Massachusetts attorneys.

In addition to the BBO’s guidance, Massachusetts attorneys, both solos and small firm managers, must, like all of the Commonwealth’s other business owners, also comply with Massachusetts General Law Chapter 93I in the disposition of certain, protected client records. Protected records, and devices carrying those protected records, may only be destroyed in compliance with Chapter 93I, which requires that those records and holding devices must be destroyed in a way that renders them unreadable, or unreconstructable.

Thus, attorneys and law firms are able to dispose of client records, within certain limits. It is a matter, then, of establishing policies for the management and disposal of such records. In other words, how do you, in the short term, avoid piles of files, and how do you, in the long term, avoid a garage full of files. Fortunately, the answer is the same in both cases: create and utilize a records management policy. The creation of an appropriate document retention and destruction policy, which policy is clearly related to clients prior to engagement in representation, is the essential modern tool for managing your files.

One of the advantages of working within a LOMAP office is access to principals of other LOMAP-style offices throughout the United states and Canadian provinces. These folks are essential resource for attorneys within their own jurisdictions, as well as, in an indirect way, essential resources for attorneys without their own jurisdictions, attorneys, like you, who receive their guidance by way of what information passes through LOMAP Massachusetts, via their gracious auspices. So, Do we have resources for you for creating a records management policy? Hell yeah, we do.

I’ve aggregated a number of such resources at the following drop site, which has been populated with, among other things: guides for file retention and disposition from various jurisdictions (which instructions you should check against ethics rules within your own jurisdiction); a sample records management policy; and, a template fee agreement provision, covering retention and destruction of documents.

Now, why is that last part important? Two reasons. Reason, the first. Client files are not your own; clients files are your clients’, and you are the steward (or stewardess) of those files. So you must disclose to your clients exactly how you plan to retain, and more importantly, exactly how you plan to dispose of, their files, allowing for a reasonable period of time after notice for your clients to object to your stratagems. (More discussion on this topic is available at Dan Crane’s article, linked out above.) Reason, the second. Consider it a marketing opportunity. Wouldn’t it be nifty if, instead of storing files in your garage for eons, you could return to your clients a thumbdrive (branded for your law firm, of course; and, at the conclusion of representation plus an “appropriate time” thereafter, of course) which would include their electronic files loaded in the form of a well-constructed Acrobat PDF Package? I don’t know . . . I’d be impressed if I were your client; of course, you’d also better have some free candy for me in your office, preferably Rolos.

(This brings me to a digression, because I know what you’re asking: But, Jaaaared isn’t this much easier if you go paperless? Well, sure. But I’m not gonna write that blog post until I put together some resources for a paperless office presentation I will make in late March. So, watch out for coverage of that issue sometime in early April, which is right before the Easter bunny looks after his shadow.)

After March 1, of course, this is all buttressed by what will become the Massachusetts legal requirement of a Written Information Security Program, or WISP, for your business, which document will touch certain aspects of record management and disposal. The WISP requirement, and the Massachusetts Data Privacy Act, generally, is one horse that we have seriously beat to death here at the LOMAP blog. Seriously. For more on our coverage of the Data Privacy Act, including our overview presentation on topic, see here.

. . .

Liner Notes

The other day, I was thinking about songs with prominent clapping noises; but, I couldn’t come up with enough for a “Liner Notes” segment . . . not yet anyway. However, the first song on this list did cause me to think of another topic for this edition of “Liner Notes”: my favorite songs about criminal activity! I know that I may be seriously deranged. Please bear with me, these are some cool tunes.

(If I were a better lawyer, I could write a better disclaimer about how this is not an incitement to criminal activity; nor is it meant, in any way, to glorify criminal activity. But, I’m not. And, what I’d likely say instead is that everybody should probably just lighten up.)

Song title and artist, followed by referenced and suspected criminal activity:

“Take the Money and Run” by Steve Miller Band (drug possession; probable fornication; robbery; murder)

“Run for Your Life” by The Beatles (threats; stalking; probable resulting restraining order)

“Excitable Boy” by Warren Zevon (lewd behavior respecting a pot roast; batteries; rape; murder; probable necrophilia; graverobbing)

“Used to Love Her” by Guns N’ Roses (murder)

“Mona” by James Taylor (killing a pig)

“Mr. Bad Example” by Warren Zevon (various low crimes and misdemeanors as well as spiritual transgressions by way of a number of the seven deadly sins)

“Tweeter and the Monkey Man” by Traveling Wilburys (drug possession and distribution; grand theft auto; probable racketeering; assault and battery of a police office; murder; illegal gambling; destruction of property . . . unless you’re in New Jersey, where a friend of mine once saw a dead monkey on the side of the highway . . . serious)

“Five Short Minutes” by Jim Croce (statutory rape)

“Goodbye, Earl” by Dixie Chicks (domestic abuse; conspiracy to commit murder; murder)

“Cocaine Blues” by Johnny Cash (drug possession; murder)

“Gorilla, You’re a Desperado” by Warren Zevon (assault and battery; false imprisonment; grand theft auto; identity theft; some related animal law components)

“Girl on LSD” by Tom Petty & The Heartbreakers (drug possession and distribution; drug trafficking; probable murder)

And, to clean up this entire mess, country-styling . . .

“Beer for My Horses” by Toby Keith featuring Willie Nelson (grand theft auto; destruction of property; vigilante hangings; animal cruelty; murder; several other probable serious crimes; in passing reference, other dirty deeds)

Oh, well . . .

Business and Marketing Planning for Attorneys

Further to my last post hereat, in which I discussed realistic business planning for lawyers, I'd like to provide some resources and further information, for accomplishing same, in this: only the second post that I have written of a reasonable length. (To paraphrase Meatloaf: 2 out of every 100 ain't bad.)

You see, I felt bad almost immediately after making that last post, because I told you what not to do, but offered no guidance on how to do what you should be doing. (That's just not cool.)

To that end, I wanted to make available a powerpoint of mine covering the topic of business and marketing planning for attorneys, which I've made available via this drop site, along with another great resource.

(Further) Explanatory: Although the powerpoint I have made available (in Powerpoint 2007 and Powerpoint 1997-2003 versions) is titled "Business and Marketing Planning for the Start-Up Law Firm", don't ignore it if you have an existing law firm, as much of the information is still germane to you, especially if you have not yet created a business plan, and marketing plan. There is also value in taking the time to examine and reset your business. Being a staunch advocate of planning, it is my belief that, no matter when you adopt a business or marketing plan, it will inure to the significant benefit of your business.

In addition to my powerpoint, I have included, at the drop site, a draft business plan, used with the permission of the Boston law firm of Bernstein & Yang, LLP, to whom we are very grateful for their donation.

I also make reference within my powerpoint, and referred to in the initial construction of my powerpoint, Linda Pinson's excellent ABA book/software package, "The Lawyer's Guide to Creating Your Business Plan: A Step-by-Step Software Package", currently circulating in 2009 edition, but with annual updates, to watch for. The "Lawyer's Guide" features informative instructions for drafting documents as well as template documents available, which, it being a software package, can be immediately accessed electronically. This is tremendous resource, which is available for purchase through the ABA, or for borrowing via the LOMAP Lending Library (2007, 2008 and 2009 editions).

Guest Post: Dorie Clark’s “Managing the Media”

We are pleased to present a guest post from Dorie Clark, who presented on this topic for LOMAP’s Marketing Group this past February 5. Dorie, a marketing and strategy consultant for legal clients, as well as Google, Yale University, and the National Park Service, is President of Clark Strategic Communications. She can be reached at www.dorieclark.com.

. . .

There’s no question: reporters can be nettlesome. They ask probing questions, steer the story in directions you may not want, and -- at times -- may even misquote you. But they’re also pure gold when it comes to establishing your credibility in the legal marketplace. Reporters, literally, are paid to be objective, third-party sources that separate the wheat from the chaff -- the trusted legal sages from the ambulance-chasing jokers. Cultivating positive relationships with the media, and getting quoted frequently, is critical to building a solid personal brand -- and your ability to charge commensurate fees.

So how do you make contact and become their go-to source? Here are six sure-fire tips.

(1) Know who to talk to. If you don’t have a media list, start building one now. What are the key publications, radio programs, and TV shows that your clients -- and other lawyers who might send referrals your way -- like to read/listen to/watch? Find out who covers the relevant beat -- which could be as general as “business” for a daily metro newspaper, or as specific as “IP law” for a legal-themed publication -- by reading back issues to see who’s writing on the subject. You can also simply call the news desk and ask for the reporter’s phone number and email. They won’t have a problem giving it to you -- after all, it’s their business to receive information.

(2) Introduce yourself and make friends. Yes, reporters are busy -- but they also need to cultivate new sources. Call them up -- always making sure to ask if they’re on deadline before launching into your spiel -- and explain who you are and why you’re calling (you understand they cover business issues, and you’re a corporate attorney that would be happy to provide comment or background information anytime it’s relevant). Make sure to find out when their deadlines are and what type of stories they’re interested in. Then ask them out for coffee. They’re often too busy and may say no -- but you’ve at least cemented your name with a friendly goodwill gesture.

(3) Build a relationship. Connecting with a reporter once isn’t going to get them to call you back. A relevant story may not crop up for months, and by then, you’re long forgotten. Instead, try to stay on their radar screen in two ways. First, be on the lookout for interesting trends and story ideas you can pass along to them. They’re always hungry for ideas, and if you can make their lives easier by doing the research for them, they’ll be grateful. Second, if an appropriate story comes up -- let’s say you’re an M&A attorney and a huge corporate merger has been announced -- reach out proactively. Write down your thoughts in a short email and send it along, letting the reporter know you’re available for further comment if they’d like. Again, it’s about ease and convenience: reporters don’t like to have to hunt for hours to find a pundit. If you’re points are intelligent, odds are, they’ll go ahead and call you.

(4) Always be available, and always close the loop. Nothing frustrates a reporter more than waiting by the phone for a response. They have serious deadlines -- especially given the demands of blogs and online journalism -- and will simply call down the list until they reach someone live. You’ll exponentially improve your chances of being quoted -- and called in the future -- if you promptly return reporters’ messages. Give them your cell number and call them back within minutes. Even if you don’t want to comment on a particular issue, close the loop and let them know. A friendly, “I’m sorry, I don’t have anything for you on that one, but please try me again in the future” is just fine. And it’s even better if you have a good suggestion for them about someone else to reach out to.

(5) Be pithy and quotable. It’s the peril of the profession: lawyers are trained to be as verbose and hedging as possible. To succeed in media relations, you have to overcome that baggage. Before speaking to the reporter, try to boil down your thoughts. Turn them into a few short bullet points. Call your spouse or a non-legal friend and see if they understand what you’re talking about. It’s not about “dumbing down,” it’s about making sense to intelligent people who don’t have a JD.

(6) If there’s a problem, go to the reporter directly. Your fears have come true: you’ve been misquoted! Don’t fly off the handle and immediately call their editor. That, in the world of reporting, is akin to declaring war. Instead, approach the reporter directly and explain that there’s been a misunderstanding. Ask for a correction or clarification in the online edition, so the mistake won’t be repeated. The end. The goal -- if the reporter has made an honest mistake -- is to be gracious and preserve the relationship for next time. If there’s an ongoing problem with accuracy, or you feel malice was involved, only then go to their editor. You can also choose to conduct all future interviews via email, so you have a written record. But relax -- 99% of journalists want to do their jobs well, and errors of any significance are rare.

Follow these media “rules of engagement,” and before long, you’ll be the reporters’ best friend.

Copyright 2010, Clark Strategic Communications, Inc.

Baby Steps: On Holding Your Horses Before Your Carts, so that Your Big Plans Have Some Room to Grow Big

Now that I have been at this law practice management consulting game for a long time (very relatively speaking), I have been noticing some trends. (And, I think it is true, that, generally, those persons who are attuned to trends, and who can understand the directions of those trends, and who can then access the resulting waves, are those persons who can be most successful. Witness, most recently, the stunning Massachusetts senate victory by Scott Brown and his team. This blog post has not been approved by Rodney Dowell.) Not to parenthetically pat myself on the back any longer than I have to, I will say that one trend that I have noticed is that, as it appears to me, lots of folks that come before us are at least considering biting off far more than they can chew, and putting their carts before the horses, if you prefer to double-fist your clichéd proverbs.

Perhaps it’s a function of the economy, and people feeling the itch for a big hit, or to think so far outside the box that they can no longer even see the box anymore, but it used to be that people would come in to see us to discuss something along the lines of establishing a solo practice covering family law, by way of example. Now, while we still see a number of persons reaching after that more limited sort of goal, we have seen, also, and more so recently, persons striving for much, much more. Numbers of our clients have discussed with us two far-flung practice options: (1) multi-national, or multi-jurisdictional practices, touching most of North America and the known world; or (2) entirely referral-based practices, of the James Sokolove variety. Now, those are certainly admirable goals, and goals that might be reachable under the right conditions; but, when the answers to my first two questions are: “None. I just graduated from law school.” and “Zero. But, someone called me yesterday and said that their third cousin had a case for me.”, the proposition becomes far more difficult of achievement, at least, directly.

There are certain factors that may combine to make the creation of national/international firms and referral-based/income-generating systems impossible to achieve, from the jump. And, many of those factors are strapped like baggage to starting attorneys. It is not possible to establish a multi-jurisdictional practice without, at least, contacts within other jurisdictions, as well as some knowledge of the specific ethical rules of those other jurisdictions. It is not possible to effect the management of a multi-jurisdictional practice without a reputation of your own, to which attorneys practicing for you would comfortably attach. It is not possible to establish a multi-jurisdictional practice without significant capital. Yes, I know about the internet. I understand that it makes connection and collaboration easier. But, the internet will not pay for an attorney to assist you on the inevitable questions of employment law, which must be answered for the establishment of appropriate contracted relationships between you and your scattered associates; neither will the internet have the cash to cover your use of an ethics attorney for determining an appropriate business course in light of ethics rules in each state. (But you could ask; I haven’t hit the internet up for money in a while.) That would be three strikes as far as the immediate, genesidal creation of a multi-jurisdictional/multi-state practice would go. There is a reason why very few of these sorts of firms exist, and exist for long; the fall of Rome was occasioned by the advancement of a too far-flung empire. Neither was Rome built in one day. See that: Good things come in threes.

As to the birthing of a referral-based, income-generating practice, on the order of the Jim Sokolove ideal, I say nay . . . er, neigh . . . no, nay. Hold your horses. There are difficulties in establishing such a framework, namely, initially, that there is only so much of a market for large-scale referral generators to hone in on. How many Jim Sokoloves can there really be? Well, that’s based nearly directly on the number of potential clients there are; and there are only a finite number of those. And, this is a matter of timing and circumstance, as well, and as are so many things. Consider that Jim Sokolove was cutting his swath through virgin territory. He established his foothold at a time when lawyer advertising was new, when most people were opposed to the concept, and when those who were not hadn’t quite figured out the best ways to leverage advertising to gain clients. Unless you fail in attempting to run from Libryan terrorists, but save your young friend by the mechanism of a specially-outfitted Delorean, those days, for you, are gone, my friend. You must live in the world where there are mammoth perpetrators of a business model that you seek to arrest. But, perhaps, the most difficult problem for a starting attorney in imagining this scenario of wealth, large glasses and bigger hair (and the other scenario, too), is the lack of a professional reputation. Without an existing professional reputation (a good one, now), Why will clients trust you to begin with, or decide to stay with you once they find out that you are only interested in them as commodities, to pass along to some other attorney for a portion of a fee? Why would they trust your judgment generally, or that your judgment is effective with respect to the lawyer that you are sending them to? (This is not to say that good reputations are transparent; there is the disturbing case of the internet, where savvy persons can build resumes that appear much better on screen, than in actuality. And, Sunny Jim Sokolove himself was something of a greenhorn when he started this thing; but, keep in mind his special circumstances, as outlined above.) Furthermore, Whom will you be referring these clients to? What seasoned lawyers are in your referral stable? Beyond that, How will these lawyers know to trust your judgment? How will they know that you have initially vetted this client, and well, and that it is worth their time to go through their own process to determine whether to take representation? There is no easy way to the crest of that hill. As AC/DC says, It’s a long way to the top, if you wanna rock ‘n’ roll.

Even with respect to a simpler sort of tiered practice, say, one sitting on the Massachusetts and Rhode Island borders, there is, roughly, double the work to be done. Dual licensure means that you need to know, and to accommodate, a couple sets of ethics rules (with some overlap likely, granted). You’ll need to understand the laws of each state affecting your relations with clients. Similarly, you’re establishing marketing ground in two, distinct geographic areas. (Although the use of social media marketing, and online marketing, generally, make it is easier to accomplish an expanded reach, there is yet the need for personal connections to seal deals (especially when you’re starting out), even in the modern world, however long this remains the modern world.)

But, even if you have a very simple law office setup, with a limited scope of practice, and you’re only seeing clients from a single state, that practice will still not become self-sustaining at the opening of your doors. You have to establish processes for the running of your law firm, and learn your state’s ethics rules, among other, various start-up duties. You’ll also wish to develop a referral system, for incoming and outgoing referrals, to access those clients other attorneys will pass along that you will want, and to pass along those clients whose issues fall without your practice area. This all takes time and effort to effect. If you’re talking about a two-state practice, you can expect to roughly double that establishment period. If you’re talking about a multi-state practice, or national or international firm, or a referral clearinghouse of some sort, you’re then multiplying by factors. While it would be nice to start up running the Kentucky Fried Chicken franchise universe immediately, you’re more likely to begin as a Harland Sanders that nobody knows, working on the 11th herb or spice in your own kitchen--just like someone else once did.

Now, I’m not making an attempt to stifle anyone’s creativity, or drive. If I did attempt that, I would be a hypocrite of the first order. My point, rather, is that, you should be certain to check your prevailing plans against reality, and that you should create a business model that is based upon your realistic position, while allowing for room for expansion and growth, as you settle an expansion plan as a long-term goal. Perhaps it’s a function of the internet culture; but, generally, people expect what they want to be theirs rather immediately. While that works when you’re downloading a song, it doesn’t work quite as well when you’re establishing a business. There are growing pains and fits and starts involved as you process through your daily working life; but, if you keep your goals in mind, you can achieve them, or a reasonable, comfortable facsimile of them. Instead of lifting and throwing a large stone into a well, and perhaps injuring yourself, and your potential, in the process, rather be like the crow of the Aesop fable, dropping pebbles into the pitcher, as the water rises tall enough for you to drink.

The chances for success in establishing a new law practice are raised significantly when realistic planning, with an eye toward extended goals, is accomplished.

. . .

Liner Notes

Trivia Answer: “Sgt. Pepper’s Lonely Hearts Club Band”, written by The Beatles

Last week, I covered some of my favorite favorites: those video clips I can find online, but can’t access through the iTunes store, or any other legitimate vendor. (I’m assuming; I doubt that I have investigated all legitimate vendors to this point. Neither have I been aggressive enough to act out outlaw enough to discover other ways to grab them). Last time, the lineup featured alternate or unique versions of songs, and rarities. This time around, the list includes great live versions of songs that I’ve tabbed over time. (Not literally tabbed, because I can’t play guitar, or any other instrument, for that matter, except for the smallest violin in the world--sadly; but, you understand--maybe.)

Some of my favorite live songs online include:

“Roland the Headless Thompson Gunner” by Warren Zevon (in his last performance on “The Late Show” with David Letterman)

“Man of Constant Sorrow” by Dan Tyminski and Ron Block (at the Crossroads Guitar Festival)

“Don’t Stop” by Fleetwood Mac featuring the USC Marching Band

“She’s Waiting” by Eric Clapton featuring Phil Collins

“Up In Indiana” by Lyle Lovett and His Large Band

“Any Road” by George Harrison

“It’s Up to You” by Justin Hayward

“Drivin’ My Life Away” by Eddie Rabbitt (in Branson) (seriously one of the coolest places I’ve ever visited; and, my hair is brown, not blue--what’s left of it is, that is)

“Maybe You’re Right” by Cat Stevens

“Tuesday’s Dead” by Cat Stevens

As you’ve no doubt realized, if you’ve read down to the base of this and my second to last blog post, I love Cat Stevens so deeply that it tends to make other, more modest men, blush. I’m too lazy right now to look to see whether or not I have drafted a “Liner Notes” segment on Cat Stevens yet, but rest assured one is coming. (No, I’m not going to check back; this is not just a passing phase.) I mean, the quality of the man’s output throughout the 70’s is just staggeringly good. In preparation for reading my future piece on Cat Stevens, do yourself a favor, and buy the Majikat * Earth Tour (1976) DVD. It’s got many of his best songs, and he’s in top live form throughout. You’ll play it until it warps. And, you’ll also find out the inspiration for the song “Peace Train”, which is probably not what you think it is, and which will likely disappoint every beauty pageant contestant from here to South Carolina.

(Why my sudden, more ardent fervor for Cat Stevens? Trust me, it’s not that much more ramped up from the usual; but, perhaps it has been enhanced somewhat, because I ran into someone yesterday who did not know who Cat Stevens was. (Gasp.) Yes. Yes. I know. I was shocked, too. But, after overcoming my discomfort and chagrin, I decided that the best way to attempt to educate those other poor, unfortunate souls who do not know who Cat Stevens is, was to do so through this blog, and the vast audience that reads it. So, now you know, Ma.)