Track Phone: iPhone Apps Deliver Time and Billing On-the-Go

Last week's Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. Last week's Tip highlighted time and billing apps for the iPhone.

Read the Tip here.

A Review of Stephanie Kimbro's "Virtual Law Practice"

I doubt I'm the only one who thinks of Stephanie Kimbro as a pioneer in establishing a virtual law practice. She has taken a similar role in instructing others on the same endeavor, which she does through a variety of avenues, including presentations, blogs, tweeting, and now her book, Virtual Law Practice: How to Deliver Legal Services Online.

This book is just a must-read for anyone entertaining the idea of creating a virtual practice. That’s not to say you couldn’t be successful in that endeavor without the book; but, the benefit of having read it is easily worth every moment spent doing so.

Here’s the thing... Don’t open the book expecting a “How To” book, despite the title. While there is a great amount of instruction embedded in the very thorough amount of detail, the real “how-to” is fairly limited to the book’s fourth chapter. And, if you approach the entirety of the book exclusively looking for an instruction manual, you will not only be frustrated, but you will also overlook the broad wealth of information that Stephanie's book provides.

At least the first half of Stephanie’s book is organized in a way that accommodates readers who are not particularly familiar with virtual law practices. She begins somewhat slowly, answering the most basic questions on the subject in her first chapter. Then, as she discusses the process of selecting a structure and technology for the practice, she presents even more background information, with a very natural, intuitive flow. With this knowledge, the reader can better appreciate the practical “how-to” information in the book’s fourth chapter, which really is a phenomenal instruction manual. And, although I might not know if Stephanie neglected to include anything here, it certainly doesn’t seem possible.

After addressing practical considerations, Stephanie devotes the fifth chapter to managing and marketing the virtual practice and the sixth to ethics and malpractice involved in operating the virtual practice, hopefully not in order of importance. The fifth chapter is really less about management (although a helpful rundown of best practices is included), and much more about marketing. The guidance on marketing is top-notch, truly. The thoroughly covered topics range from networking, to social media, to online advertising. And, with the discussion on various marketing policies, this chapter serves as a pretty comprehensive marketing plan.

Stephanie’s explanation of issues related to ethics and malpractice covers the basics, for sure. Beyond that, however, there isn’t too much. And rightly so, because as you do research on various issues that may occur to you, you would probably discover that not all that much definitive information exists. And as this area develops further, Stephanie’s blog is an excellent supplement, though “supplement” seems an odd word to describe such a remarkable resource.

Creating a virtual law practice is a big undertaking, and involves a great number of decisions, some considerably more complicated than others. Stephanie not only makes her reader aware of those decisions, but also offers impressive advice for each. Further, the case studies that appear throughout the book illuminate such advice, while also providing a source of motivation to the reader by creating an inspirational image of the potential for success that may come with establishing a virtual law practice.

But, don't take my word for it. You can read Stephanie's book yourself, as it is available from the LOMAP Lending Library.

Check Yourself Before You Wreck Yourself: Attorneys Must Install Conflict Check Systems

Last week's Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. Last week's Tip addressed the importance of conflict checking and some methods for improving ineffective conflict checking systems.

Read the Tip here.

And, gentlemen readers, remember to treat your ladies right this Valentine’s Day.

Guest Post: Psychodrama and the Presentation of Your Client’s Story

We are excited to publish, below, the first of a two-part series of posts from the 3 Sisters. (No, not those three sisters.) The 3 Sisters (not actual sisters) offer unique trial practice resources and training sessions. For general information respecting the 3 Sisters, check out their website, especially the frequently asked questions section. If you have a handle on what they offer, and you think the intervention of the Sisters may be just what you need to refresh your trial practice, take a look at their specific programming options (via the main tab of their website), to see whether any of their upcoming events may be where you can get started. Be sure to also review information respecting the ladies’ new book Trial in Action: The Persuasive Power of Psychodrama. What’s psychodrama?, you say. Well, just read on, for an introduction.

. . .

Psychodrama and Trial Lawyers

A trial lawyer needs to be intelligent, and to maintain an understanding of prevailing law. A trial lawyer must be a good storyteller, director and performer. A trial lawyer must be an empathic, genuine, and real, sincere human being. And, perhaps, those last statements are the most important. Through your courtroom presentations, your goal is to help your juries hear, see, and feel your client’s stories. To make your performance most effective, you require special tools to assist you. One method of training that gives you powerful techniques for preparing and presenting your clients’ cases is psychodrama.

What is Psychodrama?

Psychodrama is an action method during which participants show a group what has happened versus telling a group what has happened. It is both a method of communication and a role-playing modality. It is the exploration of the truth through dramatic action. Psychodrama is meant to bring to the fore the full flowering of humanity through a singular exposition of the universal stories and truths that connect us all.

In a psychodrama, typically engaged in group settings, participants spontaneously dramatize events from their lives. The main actor, called the “protagonist” or “star”, acts out the event that the group is exploring. A psychodrama, in other words, is a three-dimensional, spontaneous re-enactment, presented in the moment, with no script or rehearsal. The purpose of psychodrama is for participants to gain insight or understanding of the self, or of significant others, or of significant life events.

In essence, psychodrama is a method that enables the group (actors, auxiliaries, and audience) to act and to feel, to find out, and to see things for themselves; it empowers the person who is the subject of the psychodrama (the protagonist), to both show and tell her own story.

It is difficult to fully understand psychodrama, its use and effectiveness until you experience it. It’s much like learning to ride a bicycle. Reading about bicycle riding won’t teach you how to do it; you need to experience it for yourself.

Why Should Lawyers Use Psychodrama?

The tools learned through psychodrama help trial lawyers and their clients to communicate with each other more effectively. Through the use of psychodrama, lawyers are better able to discover and to further explore their clients’ stories, so that they can then present them in 3-D--so that the jury hears, sees, and, most importantly, feels the story.

The trail of events that causes a client to take legal action is an exceedingly meaningful experience in that client’s life. And, if a protagonist can re-enact a meaningful experience on the psychodrama stage, so can a client preparing for trial. Through psychodrama, a client can educate his lawyer about what happened to him, and how it has affected his life, and who he is. At the same time, re-enacting the client’s meaningful experience enhances the lawyer’s ability to share the client’s story in a most powerful and humane way, when in the courtroom, when before the jury.

Lawyers who become well-versed in psychodrama can use the same tools in preparing their clients for trial that they will use at trial. Not only have lawyers using psychodrama techniques found greater success in the courtroom, they have gained greater satisfaction in the practice of law. They are also able to create richer and deeper relationships with their clients.

Psychodrama is not, however, a short-cut formula for success, or some magic silver bullet for trial results. Those lawyers who have achieved the best results in using this method have committed themselves to in-depth personal exploration and to the full development of their psychodramatic toolbox.

Psychodrama Brings the Client’s Story to Life

In addition to allowing you to more effectively develop your client’s case, in a 3-D format (see-hear-feel), psychodrama also enables you to examine and explore more completely various witnesses’ points of view and perspectives. If you want to influence a jury, you need to deal with them on an emotional level, using the power of the story. Or, as Annette Simmons, author of The Story Factor: Inspiration, Influence and Persuasion Through the Art of Storytelling, writes: “You have to awaken the emotions in yourself that you want to awaken in them. Like an actor in a play, to communicate an emotion, you have to feel it first.” Psychodrama enables you to identify and to explore the themes that arise from the facts of your case, as they come alive through a dramatic, full-scale re-enactment. By using re-enactment techniques, you are able to gather the raw data from which to shape and frame your client’s story.

Guest Post: Attorneys’ Fees--The New Rule 1.5

We are very pleased (mostly because we don’t now have to research the topic ourselves) to have the below guest blog post, reproduced with the permission of its author, James S. Bolan, Esq., of Brecher, Wyner, Simons, Fox & Bolan, and covering recent changes to the Massachusetts Rules of Professional Conduct, Rule 1.5, respecting Fees. Jim, co-author of MCLE’s “Ethical Lawyering in Massachusetts”, has long-standing experience and much expertise in issues of professional responsibility and legal ethics. If you appreciate his take on ethics matters, as represented through this blog posting, consider joining us for our 12 EST March 18, 2011 LOMAP Marketing Group webinar, during which Jim will discuss ethics issues related to attorney advertising.

. . .

On March 15, 2011, a revised Supreme Judicial Court Rule 1.5 will become effective. The revised rule will affect all lawyers’ fees. (What will become the former Rule 1.5 can be found here, while it lasts.) The changes address issues raised in Malonis v. Harrington, 442 Mass. 692 (2004); Saggese v. Kelley, 455 Mass. 434 (2005); Liss v. Studeny, 450 Mass. 473 (2008); and, In the Matter of the Discipline of an Attorney, 451 Mass. 131 (2008). In Malonis, the Court held that an attorney handling a case on contingency and who had been discharged was entitled to be paid under a quantum meruit theory and that his fee ought to come from the successor counsel’s contingent fee, not the plaintiff’s recovery. In Saggese, the Court clarified that the client must be notified of and consent in writing to a division of fees, where the case is being referred out, at or before the time the client enters into the fee agreement. In Liss, the contingent fee agreement (CFA) explicitly said that the client would not be liable to pay “except from amounts collected”, and the agreement did not state that the client would owe an attorney’s fee even if the case was unsuccessful. Therefore, “as a general rule”, there can be no quantum meruit recovery in a contingent fee case “where the contingency has not occurred”. And, in Matter of the Discipline of an Attorney, while the Court found that the attorney’s conduct (the failure to explain to the client the terms of the CFA; Rule 1.5 did not bar a lawyers from negotiating a term in a CFA providing that, on discharge by the client, the attorney would be entitled to recover the greater of the reasonable value of his services or one-third of any settlement offer made up to that point) did not warrant discipline, it did refer to its Standing Advisory Committee on the Rules of Professional Conduct certain issues regarding CFAs.

The changes to Rule 1.5, then, include, in sum, the following: Rule 1.5(a) now prohibits “collecting an unreasonable amount for expenses”. Plus, but for regular clients, the scope of the representation and the basis, or rate, of expenses must be communicated first. Rule 1.5(c) requires that, if the attorney is terminated or if the client makes the request, and the contingency has not yet arisen, the lawyer must provide a written itemization of services and expenses within 20 days, unless there will be no claim if terminated. Rule 1.5(c)(4) requires that the CFA must disclose that a fee may still be paid even if other than via contingency after a recovery. Rule 1.5(c)(6) requires that the CFA show how expenses will be calculated, paid or reimbursed. Rule 1.5(c)(7) requires the CFA to state the basis on which fees and expenses will be sought if counsel is terminated before the contingency arises. Rule 1.5(c)(8) indicates that, if a lawyer is successor counsel before a case concludes, the CFA must state who will pay prior counsel’s fees and expenses. Rule 1.5(e) requires the client’s written consent to a referral fee division at or before the time that the client enters into the CFA. New forms are appended to the new rule, although a lawyer may use an alternate form if it is consistent with the new Rule 1.5. Forms that differ dramatically from the approved Forms A and B must be explained to the client, and a lawyer must obtain the client’s consent in writing.

The revised Rule 1.5, and appended forms, can be found here. (A direct link to the PDF is accessible here.)