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Follow These Three Service Tenets for Satisfied Clients

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Unhappy clients often choose to file ethics complaints against their poor-performing lawyers. What leads to their unhappiness? It may come as a surprise, but most ethics complaints are not about incompetence. Instead, most complaints revolve around basic customer service expectations. They involve issues that, even without specific ethics rules in place, would make any reasonable person agree the lawyer should be disciplined.

Three Tenets of Customer Service That Will Keep Most Lawyers Out of Trouble

I submit to you that if you follow these three simple behaviors, you will avoid most potential ethics complaints:

  • Listen to what the client wants.
  • Don’t delay doing what the client wants.
  • Communicate with the client about your progress along the way.

Listen

When you agree to represent a client, it seems fairly obvious that you ought to know what the client is hiring you to do. For whatever reason, regulators felt the need to put these obvious obligations in writing.

ABA Model Rule 1.2, concerning “Scope of Representation,” states that “a lawyer shall abide by a client’s decisions concerning the objectives of representation.”

If you don’t listen to your client’s objectives, chances are good the client will not be happy with the end result. Further, you will not be happy when that client later files an ethics complaint.

Don’t Delay

The buzzword here is diligence.

Rule 1.3, titled “Diligence,” provides that a “lawyer shall act with reasonable diligence.”

You don’t need to be a lawyer to understand this statement. Just get it done. After all, that’s what you’ve been hired to do.

Provide Updates

If you’re a movie buff, you’ll likely recall the famous remark by the prison guard to inmate Paul Newman in “Cool Hand Luke”: “What we have here is a failure to communicate.”

Under Rule 1.4, titled “Communications,” lawyers have a duty not to fail in the area of communication. More specifically, lawyers must “keep the client reasonably informed about the status of the matter.”

You should not feel it a burden to keep your clients up to speed about the progress of their legal matters. They’ve hired you to do your job; let them know that you’re doing it.

Good Customer Service = Satisfied Clients

Following these three basic rules should keep you out of trouble. Moreover, your chances of having satisfied clients improve exponentially. And satisfied clients lead to more work from those clients, more referrals, and a stronger practice. Who doesn’t want that?

Roy S. Ginsburg is an attorney coach and law firm consultant who has practiced law for more than 30 years. He works with individual lawyers and law firms nationwide in the areas of business development, practice management, career development, and strategic and succession planning. Learn more at www.royginsburg.com.

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Chaos Is King, Until It’s Not: A Solo’s Guide to Order

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Chaos sounds the death knell for any solo attorney’s practice. It breeds confusion, distraction, and disorder. Unfortunately, for most solos, chaos is the natural state of affairs. The reason is simple: The practice of law consists of many moving parts at all times, each of which is dynamic and contingent.

Take a simple example from my practice: a car accident. The people involved include the client, the injured party, and the defendant, the responsible party. In addition, there are the client’s health-care providers and lienholders, and the defendant’s insurance company, which is represented by an adjuster. Easily, several people are involved in even the most straightforward personal injury case. If litigation is filed, the plaintiff and defense attorneys become involved. And every piece of paper sent between the parties is subject to a deadline once litigation is filed.

Take that simple example and multiply it by 10 other cases, or by 20 other cases, even 30. Now chaos opens like a chasm.

How to Tame Chaos? Implement Order

Here is the system I use to implement order in my solo law practice.

Emails. Dozens of emails arrive hourly, flooding my inbox with requests, denials, information, questions, answers and updates. Even a cursory glance at my inbox leaves me restive. Here are the actions I take to implement order:

  • I unsubscribe to any nonessential emails (e.g., social media notifications, company discounts, concert listings, online sales).
  • I check my emails at set times throughout the day — starting when I arrive at the office, never immediately after waking up and grabbing my iPhone.
  • When I check my inbox, I scan for important or time-sensitive emails and address those first; the remaining emails are then placed within specific client folders.
  • After I reduce my inbox to zero, I close it and work on other matters until my next set time occurs.
  • I repeat this process four to seven times a day.

Paper. My office is paperless, which is a tremendously helpful way to maintain order. I do not have to shuffle through realms of paper searching for that elusive document. I can locate it within seconds by performing a search on my computer. Here is what I do with all the paper coming into my office:

  • When I receive the mail each day, I scan each document into my ScanSnap iX500, the perfect scanner for a solo. (It sits on my desk next to my computer.)
  • I date each document and place it into the appropriate electronic client file.
  • I take all scanned paper and shred it.

Client files. Each client has a client file. Every client file is stored on Dropbox Pro (now Plus), which encrypts it. Currently, I have no reason to distrust the security and encryption offered by Dropbox Pro. Even so, every client fee agreement contains a paragraph stating that the client “acknowledges that there may be risks, including related to confidentiality and security, in using cloud services and email.”

All client files are organized the same way. Every client file includes a master document labeled “notes” created in Microsoft Word. All contact information, research conversations, costs, dates, tasks and other relevant matters are contained in that master document. When I open it, I can identify all persons involved, review all research and conversations, tabulate costs incurred, and learn all past and upcoming dates. Most importantly, I can quickly see what needs to be done. For example, when I place an email into a client folder, I also put a memo in the note document to read that email. I do the same thing for mail received. So when I open the master document, I know within seconds that I need to read certain emails and mail. Then I do it, along with other tasks listed.

Case status. Every Sunday, I review my cases by opening their “notes.” From there I see what tasks I need to do for the week. I also learn the current status of the case. At that point, I plan my workweek based on completing the most important tasks for that week — for example, attend a deposition or court hearing, answer discovery, respond to an email or letter, research an issue.

“Good Order Is the Foundation of All Things” – Edmund Burke

Of course, this is an imperfect process. And even then, I fail to follow it exactly. But I’ve found that this process allows me to sustain some order over an inherently chaotic practice.

Evan Walker is the founder of The Law Office of Evan W. Walker in La Jolla, CA, where he practices personal injury claims and insurance disputes. Before opening his practice in 2015, he practiced in-house with Travelers’ Insurance. Evan received his J.D. from Loyola University New Orleans College of Law in 2008. Follow him in Twitter @evanwwalker and on LinkedIn.

Illustration ©iStockPhoto.com

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Nimble Legal Tech Companies on How They’re Here to Help

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During the ABA TECHSHOW 2017 program “The Startups Are Coming,” Andrew Arruda suggested we reframe the sentiment to: “The nimble companies are here to help you.” Not as sexy but a lot more accurate than an analogous popular refrain: “Robot lawyers are coming to take your jobs.”

Andrew exhorted legal professionals in another session to sit next to the engineers in the room, learn from them, team up and work together to innovate. So, I dutifully ran down to Startup Alley in the expo hall to interview some of the nimble companies, and was able to catch a few before the hall shut down. They were great sports.

Here, with minimal editing, are their stories in their own words.

PING

Ryan Alshak:

What’s your elevator pitch? Ping automates timekeeping for lawyers. As a former BigLaw attorney, I hated timekeeping and couldn’t believe we had to do it by hand, so we built software that does it for you. It’s completely automatic — no start and stop timers are required. We use machine learning to learn the way you work. So not only are we automating time entry, but we learn your workflow and are able to predict where your time is going.

What has your TECHSHOW experience been like? First conference. First time in Chicago. And an amazing experience. Everyone has been incredible and the Startup Alley is very cool. I got exposure to other legal technologies. The other startups are fantastic, with great networking opportunities.

What developments do you have planned for the coming year? To become enterprise-ready by the summer. Our market will be the AmLaw 400.

Editor’s note: Ryan was too modest to mention that Ping placed first in a competition between the 12 companies in Startup Alley.

UNICOURT

Josh Blandi and Prashanth Shenoy:

What’s your elevator pitch? We aggregate data from state and federal courts, index all that information, and provide global search functionality across jurisdictions. In addition to case research, we’re creating legal analytics for parties, attorneys and judges that can be used for legal research and for business development. In addition to using Pacer as the back end for all federal court filings, we have 50 jurisdictions in state courts.

What has your TECHSHOW experience been like? It’s been great. A lot of cool innovation is happening. There’s a lot of people looking to solve problems using technology and we’re really thankful for Startup Alley. We’ve been working on this since 2012, and it was really cool to get some recognition on some of the challenges we’re facing.

What developments do you have planned for the coming year? We’re going to add a lot more jurisdictions and focus on legal analytics.

PERFECTIT

Daniel Heuman and Ivy B. Grey:

What’s your elevator pitch? American Legal Style for PerfectIt helps to reduce the amount of time lawyers spend proofreading. It enforces the rules that lawyers know, from the guidebooks that lawyers trust, and works in Microsoft Word, which is a program that all lawyers use. Our program runs from the ribbon and guides you through the prompts while assisting with proofreading in a familiar manner like spell-check. With American Legal Style, lawyers can take a one-hour proofreading job and cut it down to six to 10 minutes.

What has your TECHSHOW experience been like? It was a wonderful experience. It was exhilarating to be around so many lawyers, entrepreneurs and creative thinkers who are shaping the future of the legal profession. Overall, I felt energized and ready to find creative new ways to influence and improve the future of my profession.

What developments do you have planned for the coming year? This summer, we’re releasing a cloud version that will put PerfectIt on Macs for the first time. After that, we plan to develop a new interface so it’s easier for firms to customize their house style.

Editor’s note: PerfectIt wasn’t part of the 12 in Startup Alley but they were right next door and new in the legal space. In other words, a legal tech startup.

ALT LEGAL

Nehal Madhani and Hannah Samendinger:

What’s your elevator pitch? Alt Legal is IP software that helps companies and law firms create and track their IP filings. It’s done automatically by connecting to government databases so that lawyers don’t have to do manual data entry and we can identify all of their filing deadlines.

What has your TECHSHOW experience been like? This has been our first time exhibiting here. We got to meet a lot of great people from bar associations and some IP attorneys. It was an easy setup for us. Overall, a great thing. Nice that they support the legal startup community.

What developments do you have planned for the coming year? We’re adding support for Europe and Canada to automatically retrieve their IP filings and serve global IP attorneys. We’re also in the middle of a complete rebuild, rewriting every line of code for release in the summer. This will provide a much more flexible, automated platform.

Bring ‘Em On!

I wish I’d had more time to walk around and hear the stories of more entrepreneurs, but this is a good indication of the energy, creativity and super hard work coming out of this space. The nimble legal tech startups are coming!

Related: Tips and Takeaways from ABA TECHSHOW 2017

Tim Baran is Chief Marketing Officer for Good2bSocial. He writes and speaks about how to use digital marketing strategies and technology to manage and grow small firms and legal startups. Tim is the author of several publications including "The Lawyers’ Guide to Evernote," and was named to the 2016 Fastcase 50 honoring the law’s innovators, techies, visionaries and leaders. Find him on Twitter @tim_baran.

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You’re Going to Need More Than One Bio

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Regarding your self-promotion, I have good news and I have bad news. Good news: There are more opportunities to promote yourself than ever before. Bad news: The sprawl of marketing opportunities is so fractured and vast, you’ll need five more of you to cover them all. Think of yourself as not just one lawyer. You’re an entire firm — a matryoshka doll in an Armani suit.

To serve these nested personas, you need more than one biography. You need bios for every role in the firm of You, Yourself and Thou.

Here is a collection of bio types you should keep on hand to cover all the various requirements in the universe of self-promotion and business development.

The “Summer Intern”

Single-Line Bio: 11 words

Wide-eyed and sincere, you’re trying very hard to matter without getting in anyone’s way. These are your activist years, side-hustling pro bono work for your favorite cause (say, American Association of Sexy Calendar Clowns). You’re all about slogans and bumper stickers. This is a single-line bio that clocks in at under 140 characters. (Can you figure out why?) It’s your core message in 11 words and the foundation of every bio that comes after.

Where to use it:

  • Your business card
  • As your LinkedIn headline, provided you hone it down to 120 characters
  • On a T-shirt
  • As really subversive graffiti

The “Highly Productive Associate”

Short Bio: 50 words

You’re a few years into the exciting nonstop world of being a productive associate. You sleep at your desk. You fly business class. Clients love you. You’re a voracious shark hunting new opportunities. And your elevator pitch is honed to a diamond edge because you know when opportunity punches the button for the 26th floor, you’ve only got eight seconds before she rolls her eyes and pulls a fade. This slightly longer but still brief bio builds on your brand message by fleshing it out with next-level essentials.

Where to use it:

  • Short website copy
  • Directories
  • Report bios
  • Brochures
  • Email signatures
  • Blog post author bio

The “Junior Partner”

Medium Bio: 150 words

The firm’s website just got a makeover. Jan from marketing says she needs a 125-word bio by the end of the day. Which is no problem because you only have a hostile deposition and two briefs left to go and it’s only 3:30 p.m. No problem. “Just hang on a second, Jan, while I defenestrate myself here …”

Or, you can just go into your new file of biographies and Slack the medium-size bio over to her. It takes the energy of the “Summer Intern” and the drive of the “Highly Productive Associate” and underscores it with the narrative of your curriculum vitae. It’s 150 words long. Concise but informative, it hits all the salient points of your story without sounding like it was written by a machine gun. When you read it, you can’t help but hear it in Sam Elliott’s gravelly voice. (Is that the tiniest little tear in the corner of your eye?) It’s that good.

Where to use it:

  • Longer marketing collateral
  • Directories
  • Your LinkedIn summary
  • Contributing writer profiles
  • The firm’s advertising inserts
  • Publication in special sections

The “Corner Office”

speaker introduction: 300 words

You’re a name partner. You’re still hustling new business, but you hustle at the CEO level. Marketing is putting you on panels at high-roller seminars and industry conferences. Time to control your message a little with an introduction highlighting those achievements, complete with thought leadership hot buttons that’ll turn the conference into a lead avalanche. Write it in the third person. Read it out loud until you don’t sound like you’re breathing helium. Get it right.

Where to use it

  • Whenever you’re being introduced to speak.
  • Pro tip: Print it on 4×6-inch index cards, in 24-point type, double-spaced with your name spelled out phonetically the first time it appears.

The “Rainmaker”

Full Bio: 500+ words

You have arrived. Your name is on the lobby wall in raised brushed-aluminum capitals. You fly first class for meetings. You’re not a rainmaker, you’re a hurricane. You play Words With Friends with Nicolas Cage. When your bio appears now, it’s a full page. It’s got the same gorgeous headshot as the back of your best-selling book, “Clown Car: How I Turned Representation of Circus Talent into an Unending Stream of Business.”

It’s time to take stock of your history with a bio as thorough as a Wikipedia entry. This is your full biography, the master matryoshka containing all the littler lawyer dolls. Write it in the third person. Better, hire a freaking writer to do it for you. The full biography should highlight your most noteworthy achievements, citable publications, Grammy awards, fundraising efforts, and your work with underprivileged mimes. It should end, however, with a kicker: a nutshell of your vision going forward. Like how you’re going to open a slip-and-fall pro bono firm for the victims of fruit-related work injuries in traveling entertainment venues.

Where to use it:

  • Firm website
  • Personal website
  • One-sheet for marketing your book
  • Publications
  • Academic profiles
  • Alumni association profiles

Related: 7 Steps to a Fresher, More Authentic Bio by Nancy Slome

Bull Garlington is an award-winning humor author, columnist and popular speaker. His book, "Death by Children: I Had Kids So You Don’t Have To!," was a 2013 book of the year finalist for the Midwest Publishers Association, and IndieFab’s 2013 Humor Book of the Year. He won the Parenting Media Association’s Gold Award for best humor column in 2013, the Silver Award for best humor article in 2012, and the bronze in 2010. He is co-author of the popular foodie compendium "The Beat Cop’s Guide to Chicago Eats." He smokes Partagas Black Label Gigantes, prefers Balvenie's DoubleWood 12 Year Scotch, and makes a mean gumbo.

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Five Hot Content Marketing Tips for Lawyers from LMA 2017

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The Legal Marketing Association Annual Conference is where lawyers and legal marketers go to get up to date on the latest techniques, trends and tools. Here are content-related takeaways from last week’s confab in Las Vegas.

Takeaways from the 2017 LMA Annual Conference

1. Reporters see and want your content. Adrian Lurssen of JD Supra shared several examples of reporters reading attorneys’ content and reaching out to them for a quote, or quoting directly from their posts. Reporters are coming to law firm thought leadership through Google News and Twitter (including Twitter search), and by relying on publishers and aggregators that curate niche content that makes sense of legal and regulatory matters. Reporters and outlets with topical blogs will also link to that content, instantly raising the firm’s profile. This is just one more reason to keep your content current. Firms without content will likely be left behind.

2. Internal communications matter. Often, the key to getting your firm on board with a new initiative, say, increasing the production of targeted content or cross-selling, is to promote internal communication. Whether you use a platform like Slack, a firm intranet, a weekly newsletter or create an internal news site, people are more likely to cooperate if you can create community around the initiative. And community starts with communication.

3. Blow up the silos and create an integrated content strategy. Too often, a law firm’s PR, marketing and business development functions are siloed. This means the left-hand people producing content at your firm don’t always know what the right-hand people are writing. Only a third of respondents to a quick poll of PR professionals at one session said they always coordinate strategically with the other units. And a whopping 91 percent said they always or sometimes feel that their knowledge is not fully tapped or utilized. With limited resources to produce content, integration and coordination are key. Blowing up those silos will help strategic campaigns advance quicker and farther.

4. Technology is your friend. There are tools like Passle that help you quickly comment on news articles (for example, a looming tax proposal or pending elimination of regulations) and post that to the firm’s news pages and social media accounts. Designed for teams, Passle helps lawyers quickly engage in conversations that matter, while giving a content manager the chance to review the offering before it is published. Eversheds and Freshfields, two large London-based law firms, are already using it.

5. VR is coming. Infinite Global, a leading PR agency, had a fascinating virtual reality demonstration that was a compelling recruiting tool. The piece told the story of the agency’s history, diversity and breath of its practice — who its employees and clients are, and what the agency is capable of delivering. The goal was to show that anything that law firms do in a brochure, an RFP or on a website can be done in virtual reality. Though VR has not developed as quickly as some had expected, I posit that we will see tech-forward firms like Skadden adopt some kind of virtual reality content within three years.

One Final Note

If you’re a lawyer in a firm and don’t have a PR, BD, marketing or content team, it is worth the investment to attend LMA’s annual conference. Attendees are very open about what worked at their firms and with their clients — and what didn’t.

“Whether you are an attorney or a marketer, if you are in the legal profession and produce substantive content, there is no better place to learn how that content is used, accessed and acted upon than LMA,” says Steve Boutwell, Client Services Director/Communications and Media for Kean Miller in Baton Rouge, La. “LMA provides information and advice to help you make the most of your marketing efforts.”

Susan Kostal is a legal affairs PR, marketing and business development consultant based in San Francisco. She writes the "Content Under Pressure" column for Attorney at Work, and has covered legal affairs as a journalist for nearly three decades. You can follow her on Twitter @skostal and view more of her content at www.susankostal.com.

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Creative Goal Setting for Improving Your Solo Practice

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It seems that every solo lawyer I meet has a list of things they would like to be doing better in their practice. Sometimes the motivating factor is business growth, sometimes it’s efficiency. At the heart of many “to do” items, though, is a desire to create a more ethically sound practice. Where do you start?

Don’t Get Stuck, Get Creative

If you hung your shingle with little guidance or infrastructure, the list of things that could be upgraded and shored-up can be overwhelming. The choice is not to either change everything at once or do nothing at all. The route to moving forward is to set reachable goals. Change one thing at a time until your practice is well-guarded against common ethical violations.

This is not the time to list out the things you need to improve; that is a post for another day (and past posts on Attorney at Work will give you ideas on how to start). This is the time to think creatively about setting goals for your practice.

Goal Setting Does Not Always Mean a To-Do List

We tend to think of setting goals as sitting down and making a list of needs to get done. Perhaps that list includes individual deadlines for each item. The longer that list becomes, the less likely we are to actually do anything on it. The psychological impact of its sheer length shuts down our motivation and crushes any belief that we can succeed.

Creative and Effective Methods of Setting Goals

Keeping in mind the need to go beyond a never-ending list, here are some of my favorite creative ways to set goals:

Straight-up incentivize. Bribes are not just for getting children to behave; we can bribe ourselves, too. Grab a short list of tasks, and promise yourself a reward for completing them within a certain period of time. Then follow through on the reward just like you would for your kids!

Make it a game. At the risk of sounding like Mary Poppins, introduce an element of fun or gaming. You could take your to-do list and turn it into a BINGO board. Make each item a bingo square; pick tasks to do each day to complete a winning bingo line, and then go for a “blackout” (finishing the whole board). Take your favorite game, and adapt it to your specific goals.

Timeline your plans. At TBDLaw, some of the most innovative thinkers in law have introduced me to two timeline tools for long-range planning. They both make a long-term plan for improving a practice feel very manageable, and they can be used with a long list of goals.

  • The “300 days” plan: On a sheet of paper, lay out the next 300 days of your practice. Break it into the next 10 days, the 30 days after that, the 60 days after that, the 100 days after that, and then the next 60 days, the next 30 days, and the last 10 days of the 300. List your goals for each of these time periods. Make them manageable, considering the amount of time allotted. For example, in your first 10 days you cannot entirely revamp your infrastructure, but you could probably revisit and improve upon your retainer agreements. And in the next 30, you could probably improve your trust accounting and billing practices.
  • The “now/next/never” plan: Look ahead in chunks of time. First, lay out the next few weeks, one week at a time, listing what you will accomplish each week. Then, break your plan into monthly pieces, setting out what you will do each month for the rest of the year. Finally, commit that you will stop three damaging behaviors of your choosing — no one has to know what you choose! (Ruth Carter wrote a great post about in “Nothing But the Ruth!”.)

Triage. No matter which type of goal setting system works for you — even if it is that long to-do list — make sure you triage your tasks. It is easy to get on a roll making a list of all the things you want to change and begin including really minor items — things that only make the list longer and not really better. Prioritize what needs to be done by four codes:

  • Code Red covers things like your trust accounting and bill collection systems. Weaknesses here expose you to the highest ethics risk.
  • Code Yellow likely includes the bulk of your tasks, including retainer agreements, communication systems (phone logs, practices for returning calls, filing of emails, non-engagement letter practices). These also expose you to ethics risk, though you can probably hobble around and keep yourself out of trouble until you get a great system in place.
  • Code Green might be business development tasks, for example, if you are making the rent but would like to kick it up a notch. (This might be Code Red if you are desperately failing to make overhead each month.)
  • Code White is for tasks that would be nice to get done but are not critical.

Pick a New Method and Try It

More important than which method you choose is that you choose something and run with it. If you realize there are things you should be improving, do not sit on your hands. Take a crack at organizing your goals in a way that will be motivating and fun, and see the result of an improved and more ethically sound practice.

Megan Zavieh focuses her practice exclusively on attorney ethics, providing limited scope representation to attorneys facing disciplinary action, and guidance to practicing attorneys on questions of legal ethics. At age 21, she earned her J.D. from the University of California at Berkeley School of Law. Megan is admitted to practice in California, New York and New Jersey, as well as in Federal District Court and the U.S. Supreme Court. In "On Balance," Megan writes about the issues confronting lawyers in the new world of practicing law. She blogs on ethics at California State Bar Defense and tweets @ZaviehLaw.

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Once More Unto the Breach: Taking a Second Bar Exam

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Last month I signed up to take the California bar exam in July. (I am fully aware that I might be insane.) I have had to decline too many opportunities to help potential clients in California, and since they shortened the bar exam from three days to two (only one day for attorneys practicing for the last four years), I decided to take the plunge.

Taking the Arizona bar exam right after law school, when I had no obligations outside of studying, was challenging enough. This time, I reached out to colleagues who passed a second bar exam while they were working to ask for advice on braving the gauntlet again.

Put Yourself on a Schedule

Eight attorneys responded to my request for advice. One pervasive piece of advice was to treat studying like a job and stick to a study schedule. Some people studied before and after work and on the weekends. Others had the option to study at work or to take at least one day off per week to study.

A colleague at Venjuris, Wendy Akbar (N.Y. 2002, Ariz. 2007), had the benefit of studying with her lawyer husband when they both moved to Arizona for new positions. Her advice: “Make a schedule as to what subjects you will devote which days to and stick to it.” They would work all day, attend Barbri in the evening and study on weekends, with rewards built in when they hit certain milestones.

My law school classmate Amara Edblad (Ariz. 2011, Pa. and N.J. 2012) echoed this sentiment: “Break up your day with studying and work and commit to it. Cancel everything else because there just won’t be enough time in the day. It’s only a couple of months of your life in the long run. You have chosen to do this and have paid a lot of money. Just commit.”

No Distractions for the Last Two Weeks

Several respondents said heading into their second bar exam, they took off between 10 days and two weeks for that final studying push. Heading into my first bar exam, I spent my last two weeks drilling flashcards and doing practice questions. I suspect that will be me again.

When planning how much time off you’ll need, Pennsylvania solo practitioner Johnathan Cohen (Pa. 2013, W.V. 2015) suggested asking for 20 percent more time off. “You’ll need the leeway because you’re giving yourself too much credit,” he said.

Write for the Bar Exam, Not Reality

When it comes to responding to the bar exam essay questions, my colleagues reminded me that bar exam essays are not like the legal writing we do for clients or the court. “Remember the bar exam is not like real law practice, it’s a test of very specific skills,” said New York solo practitioner Havona Madama (N.Y. 1996, Ill. 1997, Calif. 2001). “Follow the format examiners like to see.”

Cohen was a bit more blunt: “Forget how you write in legal practice. Pretend the bar examiners are complete idiots and write down every part of the essay that may matter.” This sentiment is shared by Barbri instructor and author Chad Noreuil in his book, “The Arizona Bar Exam: Pass It Now,” which helped me prepare for the bar the first time around.

Studying for the bar exam is brutal, and California has a reputation for being especially brutal. I suspect I’ll be deploying some of the tactics that I used when taking my first bar exam: stick to a study schedule, cram my guts out for the last two weeks, and use an overly explanatory format for essay questions. These worked the first time, and they worked for other lawyers who studied while still working.

Ruth Carter is a lawyer, writer and speaker. She is Of Counsel with Venjuris, focusing her practice on intellectual property, social media, First Amendment and flash mob law. Named an ABA Journal 2012 Legal Rebel, Ruth is author of the ABA book “The Legal Side of Blogging for Lawyers,” as well as “Flash Mob Law: The Legal Side of Planning and Participating in Pillow Fights, No Pants Rides, and Other Shenanigans.” In “Nothing But the Ruth,” she writes about the lessons she’s learning while building her practice. She blogs at UndeniableRuth.com. Follow her on Twitter @rbcarter.

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You Can’t Practice Law Without Math

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One of my mediations included negotiation of a medical provider’s lien. The lien was $10,000; the offer to settle it was $3,700. I gently pointed out that the offer was less than half the amount billed for services. The attorney replied sincerely, “No, that’s more than half.” (It’s not.)

Math Is Part of Your Job

A big part of a lawyer’s role is negotiation, and that means numbers. A lawyer has to be able to calculate the value of whatever is being negotiated. Case evaluation is part art and a lot of math. Pulling a number out of the air and hoping the other side will accept it does a disservice to your client and the other parties to the negotiation. You will be more persuasive if you can show your position is supported by a solid analysis of the financial factors driving the negotiation.

I Have to Do Math, Too?

“I became a litigator just so I wouldn’t have to do math,” some lawyers protest. Many math-adverse lawyers include a provision in the retainer agreement specifying that they are not providing tax advice. Sorry — that doesn’t get you off the hook.

Ethics Are Part of the Picture

The American Bar Association Model Rule of Professional Conduct about competency states: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

That means you must be conversant with all of the factors affecting your advice, a negotiation, or presentation of evidence. If a lawyer is not expert in a subject, the lawyer can notify the client of the need to obtain an expert who is. But every lawyer should be able to do basic math. We’re not talking calculus; we’re talking arithmetic.

Force Yourself — and Your Opponent — To Do the Math

Make sure you have grasped all the numeric factors of your client’s case, and then crunch the numbers. If your math skills are weak, turn for help to whoever is running the numbers for your practice, possibly your firm’s bookkeeper.

The largest cases might call for a forensic accountant or economist. Even when case economics justify the use of such experts, they usually are not brought in until long after the lawyer should have a good sense of the numbers driving the case. Use of experts is cost-prohibitive for the overwhelming majority of day-to-day legal matters.

Don’t assume your opposing counsel has done the math homework. Before reacting to an offer or demand, politely ask the presenter to show how that number was calculated. Keep pushing the point until you understand the underlying math or your opposing counsel concedes the number has no more substance than cotton candy.

Theda “Teddy” Snyder mediates workers compensation cases throughout California. She is also available for legal freelance writing assignments. An attorney since 1977, she has practiced in a variety of settings and frequently speaks and writes about settlements and the business of law. She is a Fellow of the College of Law Practice Management and the author of four books published by the American Bar Association, including "Women Rainmakers' Best Marketing Tips, 3rd Edition." Based in Los Angeles, Teddy can be found at WCMediator.com and on Twitter @WCMediator.

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CRM of the Crop: Lexicata Represents a Step Forward in Client Intake

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Legal technology has advanced light years over the span of the last decade-plus. And, as the originally successful innovators have had large corporations grow up around them, new innovators have started to poke around in the dustier corners of the legal technology ecosystem — with more willing investors in tow.

Currently, entrepreneurs are developing systems focused on more specific business applications. By way of example, traditional document automation tools are moving into the cloud, and new document automation programs are growing up in the cloud.

Until recently, law firms have had to rely on generic business software for managing customer relations, including intake. Salesforce is the longtime leader in that category. Starting with Avvo’s release of Ignite, however, law firm-specific choices have become available. One of the latest entries, Lexicata, built by LawKick co-founders Michael Chasin and Aaron George, represents an important step forward in this segment.

What’s CRM? (Canines Roaming Menacingly?)

Before jumping into what Lexicata does, it makes sense to define what a CRM is, since many lawyers are still unsure. If you already know, skip to the next section —if you don’t, here’s your primer.

A customer relationship management (CRM) tool essentially tracks intake. It is a way to manage the process for converting a potential client to an actual one. CRM allows you to track your communications with a potential client (via a number of different methods) from initial contact to engagement agreement. With CRM software, you can assign and manage tasks surrounding that process, as well as develop specific workflows about how you convert leads. Reporting tools define your success rate in terms of client conversions.

Most law firms operate in that nethersphere between “lead” and “engagement” in an aggressively ad hoc fashion. CRM software grants the ability to attach real numbers to your efforts. You can then make changes to the process, to better capture more of the leads you acquire and turn them into paying clients. Using data in this way is a clear competitive advantage.

Lawyers often conflate the use of CRM software and LPM (law practice management) software, but in most cases, there is a clear dividing line: CRM manages the lead to client process, and LPM takes over for the management of the attorney-client relationship. In other words, a CRM product helps you to birth the attorney-client relationship, while LPM software nurtures it.

Lexicata Is What You Make It

Lexicata offers all the major features of CRM software, and then some. Its dashboard allows you to easily aggregate tasks and events surrounding lead management, including consultations. Lexicata’s “inbox” is not an actual email inbox. Think of it as a holding tank for the leads you acquire from various third-party sources (your virtual receptionist, your website, your lead generation service), on which leads you will take action, through Lexicata. Those leads are reviewed and then added to the intake pipeline. Pre-constructed labels allow you to tag contacts for status: intake, hired, did not hire. Sub-labels give you the ability to tag for further clarity (so you can define why a client did not hire the firm, for example).

An agenda view shows your upcoming schedule in relation to lead management.

Having access to a program chock-full of features is great, but most lawyers only use a handful of the features available in any given software. Lexicata’s creators are obviously acutely aware of this, as the program offers helpful and comprehensive guidance at every turn — both within the program itself and through a robust Help Center that includes text, screenshots and video tutorials.

However, even without the help features, Lexicata is intuitive in the extreme. Even a novice technology user can cruise through the setup, and most of the applications. Adding to Lexicata’s usability is that it is highly customizable. While the default settings represent sufficient components for a successful CRM program, almost everything in Lexicata is editable, which means that Lexicata can be converted to a CRM product that is even more directly tailored to your needs.

Lexicata also integrates with a number of other programs such as email services and virtual receptionists, many of which relate back to law firm communications in some fashion. At this point, the only CMS integration is for WordPress, and the only practice management integration is for Clio. However, I suspect the integration options will increase.

The Things I Like about Lexicata

Lexicata is a thoughtfully constructed product, and there are three things I like the most:

1. You can build — and execute — branded intake forms and agreements. You upload your logo and information and Lexicata spits out a letterhead (or header) for you. You can send the branded intake form to your potential clients to complete or you can use it for in-office intake, potentially as a guide for your receptionist. You can include instructions for completing forms, and limited form logic is available, including for question branching. But, the LEGO-style fun does not stop there. You can also create (via text or PDF editor) and send engagement agreements and fee agreements through Lexicata. An integration with HelloSign, included with Lexicata for free, completes the package, allowing you to acquire e-signatures for the documents you send out.

2. Valuable reports define things like conversion rate and pipeline value. Your pipeline value can provide sufficient motivation to get you to increase your conversion rate. You can also filter for your top lead sources, as well as for top matter types. The former is useful in constructing your outreach, the latter in defining your niche.

3. I can appreciate that Lexicata is able to introduce the concept of an intake process into law firms, potentially for the first time. As I alluded to earlier, solo and small firms lack in processes, which decreases efficiency and negatively affects the bottom line. Using a CRM forces the law firm to implement at least some notion of process into its business culture. As for those lawyers who come to value an intake process, certainly, they can find other corners of the dark law firm environment to better structure.

Capable (of) Reviving (Your) Marketing?

Law firm-centric CRM software is still a relatively new thing, but Lexicata’s version is absolutely the most comprehensive stab at it to date. If it’s true that a CRM product, fully realized, is capable of reviving a business’s marketing efforts, it’s probably worth a look.

You can book a demo here. And, for a $50 discount on an annual subscription, you can use the code “HeWenttoJared.” (Full disclosure: I have no affiliate relationship with the company.)

For more on client intake, listen to my interview with Michael Chasin on Legal Talk Network.

Related: The Long Nine: Essential Software for the Modern Law Practice, by Jared Correia

Jared Correia is CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting and technology services for solo and small law firms. Red Cave also works with legal institutions and legal-facing corporations to develop programming and content. A former practicing attorney, Jared is a popular presenter and regular contributor to legal publications (including his "Managing" column for Attorney at Work). He is the author of the ABA book "Twitter in One Hour for Lawyers," hosts the Legal Toolkit podcast, and teaches for Concord Law School, Suffolk University Law School and Solo Practice University. He loves James Taylor, but respects Ron Swanson.

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A Solo’s Tips on Balancing Client Calls and Personal Time

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If you’re a solo practitioner or in a small law firm, you are likely a slave to your smartphone, making sure clients can always reach you. As managing partner at a small firm, I found it increasingly difficult to keep up with clients’ demands as my practice grew. Many weekends I spent more time on my phone talking and emailing with clients than I spent enjoying my “free” time. The constant need to return client calls and emails after hours was causing me great stress and affecting my personal relationships.

I decided I needed to cut down on the after-hours and weekend communications, but I feared losing business. I knew I couldn’t completely cut off communication during non-business hours — many new cases come in at odd times, and some clients aren’t available during normal business hours.

What I needed was a strategy for managing clients’ after-hours calls and emails.

Five Tried and Tested Tips for Curtailing After-Hours Client Calls

Obviously, there were some sacrifices with reducing my availability to clients. But following this plan has greatly improved my personal life while minimizing negative effects on my business. If you’re struggling to find a balance between clients’ expectations with respect to after-hours communications and maintaining a healthy personal life, I have five tried and tested tips to help you.

1. To start, you need a clear plan. Take the time to develop a policy with respect to after-hours and weekend communications with your clients. Under what circumstances are you available after hours? In what ways may a client communicate with you after hours? For example, I’m perfectly fine with speaking with a client after hours if they are not available because of work. But, I schedule a specific time for a phone consultation rather than having the client call me out of the blue. I believe this air of formality subconsciously alerts my clients that random after-hours phone calls are not the norm, thus reducing their likelihood. It’s not a bad idea to actually write out your own after hours’ policy. By putting the plan to paper you’re more likely to follow it.

2. Lay down your ground rules with clients. It’s a good idea to explain your after-hours communications policy during the initial consultation. Be diplomatic in the way you explain it. Make sure your client understands the policy and is in agreement with it. For example, I tell my clients that all emails and phone calls will be returned within 24 hours, excluding Sundays. This may save you a lot of grief in the future.

3. Be available for clients during business hours. Most clients understand that they should make their calls to you during business hours. But what if they can’t actually reach you between 9 a.m. and 5 p.m.? They may get desperate — and that often leads to late-night and weekend calls. Carve out time during your day to return client calls. This will cut down on distressed after-hours calls.

4. The rules apply to you as well. If you’ve laid out ground rules as to when you are available for client communications, don’t go and break the rules by calling or emailing your client after hours. It was a habit of mine to return calls right before I left work for the night. This often meant making calls well beyond typical working hours. This set a precedence with clients that I was available for their calls at night. I decided that I needed to set time aside in my workday for client calls and emails. If you don’t respect your rules that you set up for client calls, neither will your clients.

5. Don’t let it slide. If a client is seeking communication with you outside of the hours that you have expressly discussed with them, make it clear in as nice a way as possible that they must adhere to the guidelines you previously discussed. Most clients are understanding and realize their lawyers have personal lives. If you let it slide, before you know it you’ll be right back to where you started.

By following these five simple rules, you’ll find that you’re better able to balance a healthy personal life while maintaining happy client relationships.

Steven J. Palermo is a managing partner at Palermo Tuohy Bruno, P.L.L.C., a Long Island personal injury law firm. Steven has 20 years of experience handling a wide range of personal injury matters.

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16 Good Things to Do with a Business Card (Yours and Theirs)

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I take a perverse sort of pleasure in asking lawyers for their business card. It reveals a lot about a person. How deeply must they dig to find one? If it takes more than one pocket, it’s a safe bet he isn’t winning this week’s “Be Prepared” award. Does she apologetically offer a smudged and wrinkled card — the only one she can find at the bottom of her purse? Her desk — maybe even her thinking — is probably rumpled and disorganized as well.

Conversely, does he smoothly produce a crisp clean card and a pen, saying, “Of course — here, let me jot my cell number on it as well, so we won’t miss each other” before handing it over? Yep, this guy is thoughtful, well-prepared, interested in new connections, and he thinks I’m important!

If you are one of those people who has 496 business cards in the original box of 500 you received when you began practicing, it’s time for a few pointers. Even if you are a digital whiz, your paper business card is an important business development tool. Here are a few recommendations for ways to put that card — yours or the other guy’s — to work.

Eight for Your Business Cards

  1. Take them wherever you go. You never know when you’ll need the quick intro information provided by a well-designed business card. And make certain you always have a good supply on hand in the office, so you can easily replenish the batch you carry around.
  2. Give your card to someone you want to see again.
  3. Jot something on it as you hand it over — your cell number, Twitter handle, a subject the two of you discussed, a reminder about an upcoming event, your nickname — to help them remember who the card belongs to and why they should care. (This is a good reason to make sure your business card is easy to write on.)
  4. Keep your own cards in your right-hand pocket so you won’t get confused and hand someone a business card from that other person you met earlier.
  5. Attach or enclose it with materials you distribute when speaking at an event.
  6. Use it as a bookmark in any books you give as a gift.
  7. Print something on the reverse side. There was a time when using the back of a business card was simply not done. No longer. An inspiring quotation, your marketing tag line, an image, even a description of your practice.
  8. Double-check to make certain what’s on the card is ethics-compliant.

Eight for Their Business Card

  1. Ask for the other person’s business card as you hand yours to them. It’s business card etiquette, it makes good sense, and some people believe the only real reason to have a business card is to facilitate getting someone else’s.
  2. Write a note-to-self on the back of their card as it’s handed to you, so you can remember who they are and why you wanted their card.
  3. Stow it in your left-hand pocket until you get back to the office. (Remember, those are your cards in your right-hand pocket, OK?)
  4. Record its image with your Evernote (or something similar) to scan it into your smartphone (take the associated human’s photo while you are at it, too) and create a contact note.
  5. Send an image of the card to your holiday card mailing list file so you can include the person (or not, as you see fit) when the time comes around.
  6. Use the information to locate the card’s owner on LinkedIn and make a new connection. Do the same for Twitter and other social media platforms you frequent.
  7. Base the first stages of your business development research on that card. You can use the address on it to Google the business location on the map, view their building in Street View, access demographic information via the ZIP code … while you are Googling, you can research the person’s name on the card and learn about their career, predecessors, direct-reports, education … research the name of their organization and learn about its history, others who work there, who their legal counsel is, the current issues their industry or location is currently wrestling with. That business card is the first step toward knowing everything you need to know next time you see them.
  8. Share it with the lawyer in your firm whose practice might benefit from the addition of this new contact to her network. Offer to make an introduction. Cross-sell! At a minimum, the offer can earn you good karma. Best-case scenario? You partner with that lawyer to bring in a nice new client.

Merrilyn Astin Tarlton is the author of the new Attorney at Work book "Getting Clients: For Lawyers Starting Out or Starting Over." She has been helping lawyers and law firms think differently about the business of practicing law since 1984. She is a founding member of the Legal Marketing Association, an LMA Hall of Fame inductee, and a past President of the College of Law Practice Management. Merrilyn was a founding partner of Attorney at Work. Learn more about Merrilyn here and follow her on Twitter @astintarlton.

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Leaving Your Law Firm: Who Can You Tell, and When?

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So, you’ve decided to leave your firm.

One of the first questions that likely comes to mind is whether — and when — you can tell clients, your firm, colleagues and staff. As it turns out, there are some clear guidelines regarding whom you can tell, and when. Like so many things related to a partner departure, it can get complicated. It’s important to know the general landscape, but then you need to analyze how the rules apply to your situation.

First, the Starting Point: Your Clients’ Interests Must Come First

You have a duty to protect your clients’ interests at all times during any transitions, and so does your future-former firm. This duty is not mitigated by your individual business considerations, by your old law firm’s interests, or by your new law firm’s interests.

Second, You Have Duties to Your Old Firm

If you are a partner at the firm, you may have a fiduciary duty to tell your firm about your departure before you tell anyone else. This means that if you tell your clients or tell your team and staff before you tell your firm, you may be creating exposure for a claim for breach of fiduciary duty.

Third, Your Partnership Agreement Creates Obligations

Your partnership agreement it most likely contains a notice provision, detailing the requirements for how you must give notice to the firm, and how much notice you must give to the firm, regarding any departure. This means that if you leave before the notice period expires, you may be creating exposure for a claim for breach of contract, namely the partnership agreement.

Fourth, Check Your State’s Ethics Rules

Some states — California, Florida, Ohio, Pennsylvania, Virginia, to name a few — have enacted specific ethics rules or have issued ethics opinions that create notice obligations or describe best practices for how to go about giving notice.

With those general guidelines in mind, the tricky part is to balance these requirements in application to your situation. It’s not difficult to imagine scenarios where these requirements can be at odds with each other. What if your clients’ best interests dictate that you leave your firm on one day’s notice, but your partnership agreement requires 30, 60 or 90 days’ notice? What if servicing your clients’ matters requires that your team and staff continue their work uninterrupted, suggesting that you better find out before you go whether your team will remain intact? What if you were called a “partner” at your firm, but you have never signed any partnership agreement and do not have any ownership interest in the firm?

From the law firm perspective, consider whether your firm has a valid client-centered rationale for a notice provision — permitted — or whether the notice provision is just a means to stifle competition by preventing attorney mobility and the departing partner’s ability to practice law — not permitted — and not likely to work anyway.

So, the general guidelines outlined above are just the starting point. These scenarios and similar complicating issues are quite common. That means devising the right plan to balance these interests, in a defensible way, requires closely considering these potentially divergent interests before you leave. The good news is that you can create a departure plan that balances these interests, protecting your clients’ interests and meeting your obligations to your firm. You just need to plan ahead.

Daniel O’Rielly, a partner at O’Rielly & Roche LLP in Los Angeles, counsels California attorneys and law firms on strategic transitions: partner departure law, attorney ethics counsel, partnership agreements and firm structure, law firm compensation systems, law firm succession planning, and law firm dissolutions. He also handles partnership disputes, in litigation and arbitration. He blogs at California Attorney Ethics Counsel.

Dena Roche is a partner at O’Rielly & Roche LLP in San Francisco. She provides counsel to California attorneys and law firms related to partner departures and other transitions, general partnership matters, and attorney ethics and law firm practice management. She blogs at California Partner Departure Law.

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Stone Soup: A Client Development Metaphor

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There is an old folk story that makes a fine metaphor for client development. In the tale, hungry strangers (read: the law firm client team) facilitate the people of a town (the team’s clients) giving them food (solving a problem and getting paid for doing so). The story is usually offered as a lesson in cooperation, especially amid scarcity.

Here’s the story, with the law firm equivalents in parentheses.

Food for the Team

Some travelers come to a village, carrying nothing more than an empty cooking pot (symbolic of the starting point for the attorney-client conversation). When the hungry travelers first arrive, the villagers are unwilling to share their food stores with them (as in, existing clients’ inside counsel and operations people who are unwilling to share information with outside counsel).

The travelers go to a stream and fill the cooking pot with water, drop a large stone in it (the first probing question asked by outside attorneys to stimulate thought within their client’s organization), and place it over a fire. One of the villagers (client) becomes curious and asks what they’re doing. The travelers reply that they’re making “stone soup,” which tastes wonderful, although to improve the flavor it still needs a little garnish, which they’re missing. The villager doesn’t mind parting with a few carrots (information) to help them out, so that gets added to the soup.

Another villager walks by, inquiring about the pot (more information) and the travelers again mention their stone soup, which has still not reached its full potential. The villager (client) contributes a little bit of seasoning (connections to other internal stakeholders) to help them out.

More and more villagers walk by, each adding another ingredient (they’re on a roll now). Finally, a delicious and nourishing pot of soup is enjoyed by all.

A Win-Win for Client and Counsel

“Soup enjoyed by all” is a metaphor for the resulting win-win:

  • For the client: The discovery and attention paid to avert a problem or resolve a potential issue that heretofore had not been acknowledged or examined by the client
  • For outside counsel: The work commissioned and the fees earned

The lesson for lawyers seeking to grow existing clients is to stop asking for new work, which is the ultimate reward, and instead ask for small amounts of information that will help you do a better job with current work. Solicit these information “grants” from as many sources as you’re able to approach in a relevant manner.

Over time, frequent contributions from diverse sources will yield a rich understanding of the client’s business challenges and opportunities, and those of the various contributors. It shouldn’t be hard to recognize additional ways to help them.

An adage among entrepreneurs seeking investment capital is, “If you ask for money, you’ll get advice. If you ask for advice, you’ll get money.”

Substitute the word “work” for “money” and you have the lawyer-friendly version.

Mike O’Horo is a serial innovator in lawyer training. For 25 years, Mike has been known by lawyers as "The Coach." He trained more than 7,000 of them, simplifying powerful sales processes by which they generated $1.5 billion in new business. His Dezurve program reduces firms’ business development training investment risks by identifying which lawyers are serious about learning BD. Earlier he developed RainmakerVT, an interactive virtual BD training tool, and ResultsPath, an integrated sales training program. Follow Mike on Twitter @salescoach.

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10 Minutes with Legal Tech Entrepreneur Alma Asay

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If not now … The impulse to rethink her career hit sixth-year litigator Alma Asay just as she was about to embark on the Biglaw partnership track. Looking around, she realized she wanted to fix an issue that hits litigators who handle large-scale litigation. “I had the idea that there had to be a better way to work, and was fortunate enough to meet engineers who are not only talented enough to build the program but who also have the patience to sit with me and whiteboard things out.”

Today, the founder of Allegory Law, Inc. continues to build her business as she travels the globe, sharing insights on automating everyday legal tasks.

PRODUCTIVITY HABITS

When do you wake up? At about 9 a.m or so. I’m not an early riser.

What’s the first thing you do after waking up? Check my email.

Where do you like to work? I bounce around a lot, so anywhere with a solid internet connection and a comfortable chair — and appropriate temperature. I hate being in overly air‑conditioned spaces.

What do you mean by “bouncing around?” I’m usually in a different city every week. I have meetings and speak at conferences. I was in a different city each week this fall for a different conference.

What’s your email strategy? I check it throughout the day and respond to the ones I can on the move. Otherwise, I’ll start emails and do my best to circle back to them in the evening.

What’s your best productivity habit? I use all the apps I can from my iPhone, so I can get stuff done when I’m bouncing around.

What’s your favorite productivity tool? Aside from my phone? We’re moving all our contact management to HubSpot, which I’m really getting into.

What do you let slide? When I travel, eating healthy and sleep sometimes fall by the wayside.

What’s your nightly routine? It depends on where I am. If I’m at a conference, I spend evenings chatting with people. Afterward, I get back, brush my teeth and go to bed. If I stay with friends or family, I try to have dinner with them, put down my MacBook Air and spend time with them. If I’m on my own, I’ll catch up on the handful of television shows I watch. (Right now, I’m watching “Walking Dead,” “Survivor” and “Shark Tank.”)

Best advice you’ve ever received? Early on, someone told me the difference between product and process. You can show your product to a bunch of people, and they can be excited about it. But you can be misled into thinking that’s a success.

Alma Asay Allegory LawSelling a product is more about the process — about finding the red tape you need to get through, how to get the product in front of buyers, and learning about current opportunities.

Somebody can love your product, but that doesn’t mean you can get it in front of them.

Digging Deeper into Allegory Law

Tell us about your decision to leave the partnership track and start a technology company. I loved practicing law. I loved our team and the work I was doing. But I had raced from high school to college to law firm. I was 29 years old, looking at partnership. Walking down the hall one day, I realized I could just keep going — which wasn’t necessarily a bad thing — but if I was ever going to try something else, it should be then.

Originally, I was going to travel and do volunteer work for a while. Then I had an idea for a litigation product, I mentioned it to some engineers, and it spiraled from there.

What business problem are you solving? With the rise of e-discovery, it became obvious that you need to use technology to triage down terabytes of information to the documents that are relevant. But as the amount of information at the top grew over time, the amount that trickled down was also becoming unmanageable. And you need to know those documents inside and out:

  • How is it used throughout the case?
  • Have witnesses testified about that particular document?
  • How does it affect other evidence in the case?

It felt like we were hitting a tipping point where we couldn’t manually track all the pieces in a case. We were using Excel, but it wasn’t built for that. (As one small example, only so many characters can fit into a cell!)

How do you sit in a deposition, meet with clients, or go to court and have all answers to questions that you don’t even know will come up at your fingertips? You need to be able to find things with 10 seconds’ notice.

That is the challenge I felt we needed to solve.

When I looked at the market, nobody was going after this. Litigation seemed like an afterthought of the e-discovery process. But there’s so much that happens in litigation before, during and after e-discovery that is the traditional practice of litigation, such as filing and responding to a complaint, motions and investigations.

Allegory intersects with the e-discovery process, but Allegory is not an e‑discovery tool.

Do any of your previous employers use your product? It’s funny because people just assume they would and that was the hardest place to sell. It still is the hardest place for me to sell to since these people are also my friends. However, they’re not the kind of friends who would use a product that isn’t useful. It seemed they were almost extra-wary; they wanted to make sure they weren’t buying something just because it was me.

Is your product just for law, or for professionals outside the law too? A Hollywood producer saw it and thought it would be helpful for screenplays. You have so many people collaborating, pulling in different references, and connecting all the pieces as they build a story for their screenplay.

Our focus right now is on litigation since that’s my background. Also, I don’t want to fall into the trap of tackling too many things at once. Down the line, with the right resources, new people could change the lingo and target other industries. But the underlying technology would stay the same.

How has your background helped you develop your technology? (Laughs) I’m our own worst customer! Even with new software tools, I’m the last one to sign in and spend the time to figure it out. I’m the typical lawyer. It takes me time to accept that it’s better to spend two minutes now learning a tool that will save me 20 minutes later than to continue doing things the long way.

It’s great that I don’t have a tech background, though. For example, when the engineers said they would have lawyers “create a ZIP file.” I said: “Guys, I don’t know how to create a ZIP file!” They said it was easy, that they would show me, but I said: “You don’t understand: If I don’t know how to create a ZIP file, other lawyers won’t know how to create a ZIP file either.” Now, a lawyer can either create a ZIP file or just drag and drop all the documents, which works well.

What have you had to change based on customer feedback? Clients have been focusing on how they can automate and put all their information into Allegory over some of the bells and whistles to use with the information once it’s in the system.

What is your best tip for starting a legal tech company? Know what you’re getting yourself into. When I started, I didn’t think much about sales; I just thought we’d publish the software and let people buy it.

There’s so much more that goes into building a legal tech company. The sales side is as important as the product side. You can have the best product in the world, but if you don’t get it in front of the right people, and figure out the process to get sign-off, then it won’t be used.

I didn’t have any mentors in this space for a long time. I was just figuring things out along the way, often the hard way. You need to talk to people who have done it. It’s easy for people in this space to get deflated if they talk to the wrong people.

Luigi Benetton is a journalist and freelance business writer and technical writer based in Toronto. He blogs about technology and the auto industry at Technozen. Follow him on Twitter @LuigiBenetton.

Illustration ©iStockPhoto.com, photo courtesy of Alma Asay

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Five Ways to Spring Clean Your Personal and Professional Life

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It’s spring! Finally, the sun is shining, the world is budding, the birds are chirping, and spring cleaning can begin. We usually think of spring cleaning our house, but here are five ways to spring clean your personal and professional life.

1. Get outdoors, or at least bring the outside in. Get outdoors to enjoy the fresh air, green grass and budding trees. Time in nature reduces our stress and improves our clarity. Walk to work if you can. Take a lunchtime stroll. Sit outside for some part of your day. Or, if work is keeping you inside more than you’d like, bring the outside in by adding plants to your office environment. Plants help oxygenate the air, which makes it easier to breathe. And greenery in the office has been shown to reduce anxiety and improve concentration.

2. Breathe in the fresh air. Deep breathing can relax the mind and body. Take a few moments each day to breathe deeply, especially outdoors if you have a low-emissions outdoor space to sit in or to stroll along. Try a meditative breath practice to cleanse your body and mind: Slow your breath, breathe in deeply, hold for a few seconds, and breathe out completely.

3. Enjoy a little “spring fever.” The world is changing, becoming colorful again, which sometimes makes us feel restless. We may need to make some changes and take time for things that make us happy. Set aside one day a month (or one day a week if you can manage it!) to do something that you enjoy: Have lunch with a friend, go for a walk, sit in the park, or take a nap.

4. Unclutter your office and desk. Clutter makes many people feel anxious, negatively affecting our ability to focus and process information. Take some time to clean out and reorganize your work space. File your papers. Move old files to storage. Shred and dispose of unnecessary paperwork. Even move your furniture around to create a more comfortable and conducive environment.

5. Detox your client list. Assess who and what is holding you back in your practice. Are there any clients that take more than their share of your resources — late-night calls, impossible to please, extreme delay paying invoices, or constant “fire drills”? Think about what your practice would be like without those clients. How could you use those same resources to improve your practice, your attitude and your bottom line? It might be worth it to fire a client in order to better use your resources for new clients who do not monopolize your time and energy, or compromise your sanity.

Jamie Spannhake is a lawyer, mediator and certified health coach. She is a partner at Berlandi Nussbaum & Reitzas LLP, serving clients in New York and Connecticut, practicing in the areas of commercial litigation, estate planning, residential and commercial real estate, and business transactions. She writes and speaks on issues of interest to lawyers, including time and stress management, health and wellness, work-life balance, and effective legal writing.

Illustration ©iStockPhoto.com

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Are You Acting in the Courtroom?

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A law student is working on a direct examination during a trial skills program. She is practicing her presentation — how she stands, gestures and speaks. Each time through the examination, she asks exactly the same questions, with identical intonation. She has memorized this part of the trial, so we stop and talk about that.

Why isn’t it possible to memorize questions for trial?

No Comfort in Canned Presentations

While it may seem obvious to seasoned trial lawyers, it is far from clear for many students and young practitioners. There are several reasons one cannot find comfort in a canned examination:

  • You cannot prepare your witness to memorize each answer for ethical reasons.
  • By virtue of being human, your brain is not good at memorizing something and then reciting it aloud. When we speak words we have tentatively memorized, our recall is poor, making us sound uncertain and robotic.
  • Memorization, even if we were good at it, takes a very long time. Busy professionals don’t have time to memorize long passages. Busy professionals don’t have time to memorize short passages with much flair.
  • Since you wouldn’t be able to accomplish the memorization task, you would give up and try reading instead. We aren’t any better at reading than we are at memorizing. You would be stiff and boring.
  • Something would happen in the courtroom to make your script obsolete. A witness would forget, get lost, or otherwise become a problem. New facts might emerge. Someone will object.

You can think of more reasons, I’m sure. But this discussion leads to an interesting question: are you acting in the courtroom? Are you trying to do what actors do, which is memorize, recite (or occasionally read) and become someone else?

It’s All About Execution

Only you, of course, can answer that question. You may feel you adopt a courtroom persona when you walk into a courthouse, becoming someone other than yourself. That’s what actors do — chameleon-like, they portray different people. When you put on your suit and dress shoes, you may feel different. Fine! However you find your way into the job is your business. If you consider yourself to be doing what Denzel Washington or Scarlett Johansson do, or feel as if you are playing a role, I have no argument with it.

My concern is the execution, how you accomplish the tasks of being a trial lawyer. You are certainly performing. You are improvising as you riff off answers, objections and rulings, come up with new ideas, and maneuver to put your overall plan into action. You are an expert in a forum that requires you to be cognitively nimble and extremely well-spoken. Technically speaking, though, it isn’t acting.

Acting is pretending, impersonating, playing different parts, imitating, mimicking and ultimately adopting characters other than one’s own. Actors may play one character by focusing on a physical characteristic, another by exploiting a certain way of speaking, and still another by using a tricky psychological approach. They spend entire careers honing the art of making their performances look and feel truthful and honest. In the courtroom, you are supposed to be truthful, not pretend to be so.

Actors memorize lines, written by professional writers, that make what they say witty, wise, thoughtful, illuminating or simply entertaining. As much as your own courtroom scripts are carefully written, they are far from interesting theater or film material. Don’t assume you can write something entertaining. If your talent lies there, go to Hollywood and get a job with far more vacation.

If you feel as if you adopt an alter ego in the courtroom, OK. Perhaps you are looking for just one consistent character instead of many. You’ll settle for the role of a lifetime and play it over and over. But beware of taking on acting and screenwriting in addition to lawyering.

To prepare for trial, practice your facts, stories, questions and arguments by talking out loud. Your words will change over time, but you’ll grow accustomed to shaping language within the framework of the trial. Sometimes you’ll be more fluent, sometimes less. Once the trial is ready to start, talk more than you write.

Leave acting to Washington and Johansson, and scripting to Shakespeare.

Other People’s Shoes

Thanks to actor and author Harriet Walter, whose book “Other People’s Shoes” got me thinking again about this question of acting in the courtroom. Her in-depth examination of what actors are up to is down-to-earth and brilliant at the same time. Her book makes clear the difference between acting and everything else.

Marsha Hunter is a principal in Johnson & Hunter, Inc. She teaches attorneys how to speak persuasively and spontaneously. Co-author of “The Articulate Advocate” and “The Articulate Attorney,” her specialty is human factors — the science of human performance in high-stakes environments. Marsha teaches communication skills for the National Institute for Trial Advocacy, the Department of Justice and upper-echelon law firms. Follow her on LinkedIn and on Twitter @bjohnsonmhunter.

Illustration ©iStockPhoto.com

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How to Respond to Negative Online Attorney Reviews

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In this new feature, the Illinois Supreme Court Commission on Professionalism will be answering questions about ethical quandaries and issues in the business of practicing law.

QUESTION: “I had a perfect ranking going on a popular attorney review website until a former client posted a negative review about his case. This former client was clearly more upset about the judge’s ruling against him than the quality of my representation, which included a well-advised consultation on the costs and risks he was taking with the litigation from the start. He’s just wrong, and I want to set the record straight with an online reply. I have a right to defend my work, correct?”

ANSWER: Hippocrates is often credited with originating the phrase, “Desperate times call for desperate matters.” This, my friend, is not one of those times.

Take a moment and step back from the situation. Evaluate.

Attacks on our personal and professional abilities can hit close to home and elicit a dramatic, immediate response. It’s in our nature to defend ourselves and our work, even from the tritest comments. You may feel desperate to respond in haste to save face before your attacker and all those observing.

Don’t do it. Or at least don’t do it until you have properly evaluated the entire situation and drafted a well-crafted reply — if needed at all.

Push the Pause Button

First, analyze the negative review to determine if it is inappropriate or is in violation of the terms of service of the site. This should begin with confirming that it is actually a legitimate negative review. Was the person posting actually your client? Did he mistake you for another attorney with the same or similar name? Do you have reason to contest or report the posted review?

Various online resources allow you to control how a reviewer’s comments may be viewed by others, or how you may report a suspected false or problem review or comment. Two popular online portals, LinkedIn and Avvo, offer varied options for a user:

LinkedIn (more control):

  • Allows you to respond.
  • Allows you to uncheck a review to remove it from your profile.
  • Allows you to move reviews up or down in order.
  • Allows you to “ask for changes” from the reviewer.

Avvo (less control):

  • Allows you to respond.
  • Allows you to flag a comment to begin a “dispute process” for review.

Engage or Move On?

Second, you should weigh your options to publicly respond or do nothing. Sometimes, as difficult as it may be, you might determine it’s best to leave sleeping dogs lie. Sure, you’re not just replying to the person posting the negative review — you’re providing a glimpse into your style, demeanor, professionalism and so on to future clients who may be reading the review. However, if the negative review seems impractical or irrational on its face, then maybe it has little to no real impact on your profile. You might decide not to draw more attention to it by engaging in a reply.

Nevertheless, while it is not inherently unethical to respond to negative online reviews (see various relevant ethics opinions below), do so carefully.

First and foremost, be mindful to uphold all confidentiality duties to your current and former clients as Model Rule 1.6 demands (absent the former client’s informed consent or waiver of confidentiality). In addition to not revealing client confidences, here are other suggestions for drafting your response:

  • Be proportionate. Keep it simple. If more explanation or discussion is warranted, offer to continue the discussion offline or to hear more from them in person.
  • Be restrained. You cannot turn back time or the results of a matter, so don’t get into an if-then argument. Keep looking forward, not back. Yet, if such a legal matter might be ongoing, encourage them to seek legal counsel.
  • Be sincere. You may want to acknowledge the reviewer’s feelings and express that you (and your firm) take all client feedback seriously. A display of sincere empathy can go a long way with former clients, and future clients who may see you care about the case and the person.

If you’re having difficulty drafting a response with such attributes, try turning to the professionals for help. Service industries such as hotels and restaurants have honed their skills at constructing online negative review responses to pacify even the nastiest of former patrons. See how they have structured their responses to give yourself some examples.

Phone a Friend

Once you have your draft response ready to submit, you’re not done yet. Find at least two people, preferably with no involvement in the matter, to review your reply for content and tone. Their independent analysis of your reply will further ensure that you have remained proportionate, restrained and sincere.

Since the internet is for all to see and forever, be sure you’re OK with ringing that bell. Otherwise, learn from the experience and move on.

Relevant Ethical Opinions

About the Illinois Supreme Court Commission on Professionalism

The Commission on Professionalism was established by the Illinois Supreme Court in September 2005 to foster increased civility, professionalism and inclusiveness among lawyers and judges in the state of Illinois. By advancing the highest standards of conduct among lawyers, we work to better serve clients and society alike. These duties we uphold are defined under Supreme Court Rule 799(c). For more information, please visit 2Civility.org, the Illinois Supreme Court Commission on Professionalism’s website.

Mark C. Palmer is Professionalism Counsel, Illinois Supreme Court Commission on Professionalism, where he promotes civility and delivers statewide professionalism programming, including its mentoring program, across Illinois to lawyers and law students with a dedication to justice and the rule of law. Mark blogs at 2Civility.org, the Commission on Professionalism’s website, and you can follow him at @2CivilityMP.

Illustration ©iStockPhoto.com

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Writing Your Way to New Business

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The other day, I was talking with a coaching client (let’s call him Lawyer A) about some new business he had just received. A lawyer at another firm (Lawyer B) called Lawyer A after reading an article about a substantive issue on Lawyer A’s web bio. Turns out, Lawyer B’s firm is the defendant in a suit involving the issue covered in the article and the firm’s lawyers were planning to represent themselves. After talking with Lawyer A, however, Lawyer B decided to hire the author instead, based on his substantive expertise.

There was a time not that long ago when I counseled lawyers not to spend too much time writing and publishing articles. Back then, they were largely passive, short-lived marketing efforts. Today, however, as clients conduct their own internet research to find legal counsel, having substantive content available for prospective clients to find is invaluable — if you do it right.

There are entire books about writing effectively. But when writing for marketing purposes, here are some key points to keep in mind.

Three Steps Before You Write

Before putting pen to paper or fingers to keyboard, you should do the following:

  • Identify your audience. Some lawyers will write an article and then shop it around, looking for an audience. But that’s backward — how can you write well if you don’t know for whom you are writing? Start by identifying the types of readers to whom you are hoping to appeal (e.g., chief operating officers, human resource managers, in-house litigation counsel).
  • Establish your objective. Why are you writing the article? To convey information? To gain visibility in a new area? To generate inquiries? Knowing your objective will help you determine the kind of information to include and the appropriate forum for your writing efforts.
  • Determine your medium. This goes hand-in-hand with the audience, obviously. Perhaps you plan to self-publish, by sending a firm alert, putting something on the firm’s website or contributing to the firm’s blog. However, if you are aiming for publication in an industry magazine or professional newsletter, you should inquire about the editorial guidelines (e.g., length, style), investigate the editorial calendars and approach the publication with your idea.

These three steps will help you avoid spending time on a fruitless exercise.

Tips for Writing a Compelling Piece

Once you have determined your audience, objectives and medium, you’re ready to write. Here are a few thoughts to help you make the most of your article.

  • Collaboration. Consider whether having a co-author (e.g., a client, referral source, potential client or industry expert) will add more perspective to the article, or help you build a relationship.
  • Audience. While you have already identified your audience generally, pick one or two people you know who fit that description and write your article as if you are writing specifically for them. You may even poll a few people in this space for their thoughts or quotes.
  • Substance. Understand that you need to give away information. The days of “teasing” with material are over. In this age of free content, readers expect you to convey enough information for them to make a decision or take action.
  • Writing tips. Capture attention quickly; start with a case study, quote or story. Have a strong, clear and understandable title. Write clearly and concisely, in language people understand (no legalese).
  • Conclusion. End with a summary and some practical advice — three things the reader should do, for example.
  • Review. Ask someone you trust to review the article. This could be a member of your firm’s marketing department or perhaps someone who fits your audience profile.
  • Bio. Make sure to edit your short author bio so it is relevant to the topic and the audience.

Reality Check

While I started this post with a business development success story, most writing efforts don’t produce business. That doesn’t mean they aren’t worthwhile, however. First, they can position you as a subject-matter expert on whatever topic you’ve chosen. Second, writing can often lead to other opportunities. Because of your demonstrated knowledge of the subject, you may get asked to give a presentation, edit a chapter of a book or contribute to a blog.

So be aware of opportunities to share information. They will cross your desk every day.

Sally J. Schmidt is President of Schmidt Marketing, Inc., which offers marketing services to law firms. Sally was a founder and the first President of the Legal Marketing Association. She is a Fellow of the College of Law Practice Management and was one of the first inductees into the LMA's Hall of Fame. She is the author of "Marketing the Law Firm: Business Development Techniques" and "Business Development for Lawyers: Strategies for Getting and Keeping Clients." Sally writes Attorney at Work's "Play to Win" column. Follow her on Twitter @SallySchmidt.

Illustration ©iStockPhoto.com

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Office 365 Productivity Tips for Lawyers

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How can you get the most from Microsoft Office 365’s new features? Curious about all the apps and add-ins popping up in the Office Store? For this edition of Tech Tips Friday, practice management technology experts Heidi Alexander, Tom Lambotte and Catherine Sanders Reach share their best productivity tips and favorite add-ins for working smarter in the cloud.

Heidi Alexander: New Ways to Collaborate with Office 365

Microsoft Office 365 is an excellent productivity tool for lawyers. Office 365 is much more than the familiar Outlook, Word, Excel and PowerPoint applications. New 365-specific apps — such as Planner, Flow, Delve and Sway — have unique potential for lawyers managing a practice. Recently, my organization moved to Office 365. Not only has this streamlined the administration of our systems, but it has also allowed us to collaborate in ways we had not before.

Here are a few of the Office 365 tools I’ve discovered that you might consider implementing in your practice:

  • Pin emails to your inbox with Outlook Web App. While I’m a huge fan of Inbox Zero, sometimes your inbox becomes a bit more bloated that you might like. When that happens, you’ll want to be sure you don’t lose track of the important messages that need to respond to ASAP. Rather than move those important emails to another folder, you can “Pin” them to the top of your inbox. Now, you’ll see them each time you visit your inbox.
  • Email encryption. Office 365 offers an email encryption feature perfect for catching and sending sensitive data via email. By setting up rules to define certain conditions for encryption, you can automatically trigger encryption any time that condition is met. Your recipient can view the encrypted message by either getting a one-time passcode or signing in to a Microsoft or Office 365 account. Recipients can also send an encrypted reply (Office 365 subscription not required). 
  • Manage projects with Planner. Planner is a new streamlined project management tool that allows you to collaborate with others on projects. With Planner’s organizational features, you can create different stages or topics of a project and insert tasks. Tasks appear as “cards,” similar to tools such as Trello based on the Kaban visual process-management methodology. You can assign tasks to and communicate with team members, attach documents from Office 365, and track project progress. If you use Office 365 and often work collaboratively with others in your office, this application has strong productivity potential and is worth a try.

Heidi Alexander (@HeidiAlexander) is Director of the Massachusetts Law Office Management Assistance Program, where she advises lawyers on practice management matters, provides guidance in implementing new law office technologies, and helps lawyers develop healthy and sustainable practices. She frequently makes presentations to the legal community and contributes to publications on law practice management and technology. She is the author of “Evernote as a Law Practice Tool” (ABA Law Practice Division).

Catherine Sanders Reach: Productivity Gems

Office 365 provides an amazing amount of value for the price. For $12.50 per user per month (annual commitment), the Business Premium plan offers the equivalent of three server products (Skype for Business, Exchange and SharePoint), a file server (OneDrive for Business) and five installs of the Microsoft Office suite of products for any device and any operating system.

Plus, there are few little gems that really aid in productivity, so let’s explore:

FindTime is an Outlook add-in from the Office Store that builds in the functionality of tools like Doodle or Meeting Wizard. You’ve never heard of Doodle or Meeting Wizard? These tools help make short work of finding an appropriate meeting time for multiple people. Within the same MS Exchange environment, each user can see other users’ calendars and use the scheduling assistant to make a guess at the best time for all to meet. However, arranging a meeting for multiple people outside of a single MS Exchange environment often results in rounds of frustrating emails. A number of free tools came out on the market to solve this problem by letting the event organizer create a poll for others to select their availability and find a mutually agreeable date/time. That is what FindTime does — but built into the user’s MS Outlook calendar.

When you create a new event, you see a button called “FindTime.” Click on it to propose a few times for attendees to vote on. It is just that simple. 

The attendees then receive an email with instructions to choose a time, by clicking a link and clicking on their availability, and the responses are tallied for you, the sender, in your calendar. Are the slackers not responding? Send a reminder with one click! 

What the Recipient Sees

Bookings is currently only available to customers with Office 365 Business Premium plans. Bookings is a way for firms to provide a way for clients to schedule appointments through an online calendar. This model has been used by many other businesses, including consultants, dental offices and financial service providers. Bookings allows your clients to book appointments with you via your website, blog, social media page or mobile apps. Clients (and staff) can easily book appointments, reschedule or cancel, send email or text notifications and more. Bookings displays bookings for each lawyer in the firm, and far more.

Flow is another productivity booster for Office 365. Flow appears in the list with all the other Office 365 apps, which includes the standard Office suite, plus Yammer, Planner, Teams, Delve, Newsfeeds and more. Flow is very much like automation tools IFTTT and Zapier, basically giving you a way to connect two different applications to transfer information or add some sort of action based on a trigger. Like Zapier and IFTTT, Flow provides some templates to help users see what is possible. Flows in Office 365 tend to connect Office 365 apps to other Office 365 apps. For instance, pick the template “Copy important emails to OneNote” and then go into My Flows—Manage and click on the Flow to customize it. Customization can be multistep and very sophisticated. Flow also connects Office 365 apps to popular social media sites, the Google suite of apps, Basecamp, Asana, Buffer and dozens more. 

Office 365 Groups are very neat collaboration portals you can set up in a flash. By going into People and creating a Group, users can create instant portals for teams of people inside and outside the firm. Creating a Group creates a shared OneNote notebook, a threaded discussion list, a shared document library, a shared calendar, a shared Planner for project management and a SharePoint site. For those who are intrepid enough, going to the SharePoint site can open up a whole world of additional enhancements. Connectors is a recent addition to extend functionality in Groups. Connectors are like Flow, except just for Groups. After setting up a new Group, you click on “Connectors” to add content from other services, including RSS feeds, social media sites, project management tools, CRM systems and more. Any time any of those services is updated the group gets an email notification. This is useful if a group is using collaboration tools outside of the ones in Office 365. Don’t see a service that you want to integrate? Build your own with the Connectors Developer Dashboard!

Catherine Sanders Reach (@CatherineReach) is Director, Law Practice Management and Technology, for the Chicago Bar Association. She was previously Director of the American Bar Association’s Legal Technology Resource Center for over 10 years.

Tom Lambotte: Two Useful Outlook Plug-ins for Mac Lawyers

Lately, the Mac OS has been receiving lots of love from Microsoft. In March 2016, Microsoft added support for add-ins in Outlook for Mac. Add-ins are basically extensions that add more functionality and tie to a variety of external systems.  Although plug-ins for Outlook have long existed for Windows users, they have never been on the Mac. This is an exciting development for Mac users. To access plug-ins, simply click on the Office Store icon on the Outlook ribbon (once you have updated your software).

Here are two of the most useful plug-ins for lawyers:

Rocket Matter. One piece of Rocket Matter’s recently released and extensive 365 integration is its Outlook plug-in. It lets you associate emails with matters directly, add billable time and upload attachments from within Outlook. The lawyers I work with have wanted streamlined solutions for doing these tasks within email for years.

Boomerang. This free app has never captured a large amount of Mac users due to its lack of integration with Outlook for Mac, but it has been around a long time and is well-known by Windows users. I use SaneBox and Boomerang and think they complement each other.

Boomerang’s biggest feature (that SaneBox lacks) is the ability to send things later. This lets you write an email and schedule when you would like the email to actually go out. This can be very handy if you are working a late evening or odd hours and would prefer the receiving party to not be privy to that. With this plug-in, you simply click on Send Later and choose from the selected list of options or choose Custom to get as specific as you like. Once set, leave the email in your drafts and it’ll go out at the time you selected. You do not need to have your computer on, as this plug-in works server-side.

I am excited to see what other plug-ins make it into the Outlook for Mac add-in store.

Tom Lambotte (@LegalMacIT) is CEO of GlobalMacIT, a company specializing in providing IT support to Mac-based law firms. Tom is the author of “Hassle Free Mac IT Support for Law Firms” and “Legal Boost: Big Profits Through an IT Transformation.” He spoke at the “Home-Mac, Work-Mac” and “Managing a Diverse Computing Environment” sessions at ABA TECHSHOW 2016.

Illustration ©iStockPhoto.com

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Write Your Way Into the Euphemism-Free Zone

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Last month’s United Airlines overbooking debacle and the subsequent PR disaster and brand implosion has me thinking of the value of communicating clearly. There’s much to be critical of in United’s behavior and initial poorly worded erstwhile apology. But what struck me most was its use of the word “reaccommodate.”

As reported in Time magazine, Merriam-Webster noted that searches for “volunteer” jumped about 1,900 percent following the incident. But searches for the more rarely encountered “reaccommodate” spiked by 80,000 percent. Time speculated the word might become the Euphemism of the Year.

Stay Away From Dangerous Cliffs

For serious writers, euphemisms raise a warning equivalent to “OMG, get away from that cliff right now!” Euphemisms muddy communication, breed confusion and mistrust, and generally set off red flags.

You keep using that word. I do not think it means what you think it means.” — Inigo Montoya in “The Princess Bride”

While exaggeration puts a sentence or paragraph in danger, an ill-considered euphemism places the whole message on a precipice. It poisons the entire text. Why? While exaggeration and hyperbole are bold, brash and passionate (and therefore potentially forgiven as an emotional outburst), the euphemism is inherently defensive and suggests deceit. We live in a “post-fact” euphemism-laden political environment, which means we need to be all the more vigilant in our own writing and phrasing.

Let Papa Keep You Safe

How to avoid these cliffs? Take a Hemingwayesque approach to your copy. Go for short sentences, clear nouns and verbs and simple construction. Multiple clauses and qualifiers in a sentence or paragraph should raise an alarm. A sentence that seems to demand a full paragraph of explanation is highly suspect.

If you are tempted to use a word that lies outside of these boundaries, consider what it means in a different context. In the United example of “reaccommodate,” think of whether you would use that word to describe killer whales trapped in the wild to be housed at aquariums or theme parks. Consider using it to describe evicted tenants, or a divorcing spouse court-ordered to move from the family home. None of these pass the “reaccommodate” smell test.

Think of how you would communicate in any long-standing and valuable relationship. Be clear, authentic, genuine and concise. These are the most dependable guardrails.

Bottom Line: Write Clearly and Plainly

If a client’s approach is obviously dangerous, don’t deem it “questionable.” Your clients deserve your direct and straightforward analysis.

Most lawyers won’t fall into this trap. All the same, don’t risk falling back on vague language to avoid angering a valued client. Don’t poke a presiding judge by employing a softer euphemism in an attempt to soften a client’s culpability. And definitely don’t use euphemism in a conversation with a partner or spouse. Keep the peace. Speak plainly and clearly.

Enough said.

Susan Kostal is a legal affairs PR, marketing and business development consultant based in San Francisco. She writes the "Content Under Pressure" column for Attorney at Work, and has covered legal affairs as a journalist for nearly three decades. You can follow her on Twitter @skostal and view more of her content at www.susankostal.com.

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