Updates from GoodSharks.com

Tech Trends: Organize Client Communications with YouMail

YouMail is a free voicemail service that integrates with virtual law offices that don't have other PBX services already. Not only do you receive voicemail messages on your phone, but you can also receive interactive voicemails via email. You can share the messages with others, store them for a lifetime of future playback, or organize them into client folders on the web interface. You can even download your voice messages in .mp3 format and save them to your computer. The service is available for landlines and cellular phones. So if you're out of the office, you can arrange for landline voicemail info to be texted to your cell phone. You can also personalize greetings by caller, and block specific callers. But here's the coolest feature of all: for $3.99/month, you can have voicemail messages transcribed and emailed to you. The voice-to-text transcription technology is claimed to be virtually flawless. My personal experience with similar software is that it works pretty well, but I do not know about this company yet. I'll probably try it out soon, as my secretary is overwhelmed with other duties, and this is a nice way to take a load off of her for relatively cheap. You can download YouMail here. GoodSharks isn't an affiliate of YouMail and we are not personally endorsing this service. Rather, we aim to highlight new developments in legal technology via our Tech Trends feature, so that you can stay on top of the latest practice management tools. We'd appreciate it if you'd share your personal YouMail experience in the comments, for the benefit of other attorneys. Thanks!

Survival Tips for Ninety-Percenters

In the mainstream media and blawgosphere, much has been made about the recession's toll on BigLaw. On any given day, I receive ten new articles and hundreds of tweets about layoffs and doomed compensation modelsÉ. I have personal feelings about this, being an ex-BigLaw lawyer with a real shot at partnership. But I don't like to engaged in idle gossip. Rather, I loosely follow the information because I do think that there are real changes afoot in the legal profession. But, here's my view: they are all GOOD changes. BigLaw is going to survive, but they already have less than 10% of private practice attorneys and are going to stay that way. They are a niche and serve a different market than the rest of us. (This is no different than how big corporations actually make up a similarly small portion of business in America. And, in fact, we ourselves, are small business who service the Main Street small businesses in this country, and it is a good market to be in.) The important thing is that we are all aware of the business climate and that we plan accordingly. Here are 5 tips for good business planning for the Ninety-Percenter lawyer. 1. If you haven't done so already, develop a business plan. I know, I know, the concept of calling your practice a "business" is nauseating to some attorneys. But guess what, Esquire? You are a business, and it's time to start thinking like a business person! Writing a business plan is far less painful than it sounds. You don't need an MBA from Harvard, and you certainly don't need to pay an arm and a leg for DIY software. There are free online templates, like the one at The Small Business Association's website, which should serve you just fine. Remember, you aren't looking to design a slick, marketable document. The real value lies in the exercise of analyzing current systems, thinking about the future, setting concrete goals, and committing it all to paper. And of course, making a sincere effort to stick to the plan after it's completed. 2. Develop a social media marketing strategy. I've written about the value of social media sites before. (link to social media blog & twitter blog) In a nutshell, they're free, they're valuable, and they're the future of marketing. If you're a Ninety-Percenter, every day is a marketing grind. You can't afford not to be on a social media site. So, let's say you've taken the smart step of putting yourself on all these social networks. How do you find time to manage your profiles and network? (You'd be amazed at how time-consuming this is.) This is where strategy development comes into play. The goal is to streamline your media campaign, so you can spend more time lawyering. Aggregate all your social networks to receive a feed from one source by using tools like Quub. And check out SmartBlog on Social Media, a very helpful blog/ newsletter that will give you tips on the most effective social media marketing techniques. 3. Focus your marketing. I never liked the expression, "Beggars can't be choosers." Why not be choosy, no matter who you are? And, actually, there are really good business reasons for your practice to be choosy [link to blog on this topic]. Experienced marketing consultants and copywriters will tell you to take a few minutes to define and visualize your ideal client. When you write on your site, social media, or marketing materials, speak as though you are talking to that idealized person. When spending time on networking and other marketing activities, do those activities that will allow you to be in the same place where your ideal client will be, and in a place where you can reach out and connect with him or her in a meaningful and memorable way. 4. Work on providing the best client service possible. It seems so obvious, and of course, this is a helpful tip for any lawyer in any economic climate. But during a recession, you may be tempted to let customer service fall by the wayside as you scramble to develop more work. Many attorneys are too concerned with their bottom lines to step back and realize repeat clients and referrals can be just the buoy to keep them afloat in turbulent times. Remember that it takes roughly fifteen times the resources and effort to bring in a new client versus maintaining a repeat client. So, go out of your way to let your clients know you appreciate their business. 5. Drop the billable hour. Bonus: A close sixth on this list would be to create a free attorney profile GoodSharks.com. A shameless plug, no doubt, but sage advice all the same!

Social Media and Your Practice (Part Two): Twitter

Hopefully, I've convinced you to look past your initial trepidation and give social media a second look. In this economy, no small practice can afford to dismiss cheap and effective marketing. Today, I'm focusing specifically on one form of social media- Twitter. First, what exactly is Twitter? Well, unless you've been living under a rock, you're probably aware that Twitter is one of the fastest-growing social networking sites on the web. I'd describe it as a sleeker, faster-paced social networking site. It is more streamlined than Facebook or MySpace and it allows for a way to blast around your blog articles. If you're attempting to brand a business through frequent interaction with your likely customer base, Twitter can be powerful. The second thing you'll need to know is that each status update/micro-blog entry, or "tweet," can't exceed 140 characters. I like this because it encourages people to get to the point and communicate first impressions. It will really help you hone your sales messages. So now that we've gotten the introductions out of the way, the question on everybody's mind is: How will Twitter make me money? Follow these basic steps, and you're on your way to success: 1. Identify your target audience and tweet accordingly. Who do you want following your tweets? Are you using your profile to network with other lawyers and drum up referrals? Consider commenting on news those lawyers would find appealing: recent decisions, new legislation, professional trends and rumors, practice management software, etc. Or perhaps you're targeting family, friends, and potential clients? Lighten up on legal news and mix in some personality and infotainment. It's obviously a good idea to plug your services, but don't go overboard, or you'll lose credibility. In his article,"Best Practices for Corporate Twittering", Tom Humbarger suggests no more than 20% of your tweets contain an "advertising message." Whether your audience is colleagues or consumers, people crave stimulating content, not spam. 2. Link and Retweet. All of your content doesn't necessarily have to be original. In fact, it's quite popular, and slightly preferable, to link to interesting articles, blogs, and media. This should be welcome news for you practitioners who have neither the time nor the budget to generate original tweets on a daily basis. Also, consider "retweeting" others' tweets. I find it's a great way to interact with followers and the people you're following. They'll appreciate the publicity, and be more inclined to reciprocate and notice your business. Just remember to cite your retweets (don't worry, no Bluebook format here) and verify any content you link or retweet. It's not hard to imagine how misinformation can spread like wildfire on this site. 3. Create awareness through creative marketing. Since only two of every ten tweets should contain an advertising message, make them memorable. You could be reaching thousands of viewers, even with only a hundred followers. Your "ads" will be tagged and stored by topic on popular tweet-combing sites like Tweetmeme.com. They'll even appear in Google search results. And of course, if your message is compelling, you can be infinitely retweeted. So, before retreading the "Have you been injured?..." spiel, consider your audience. They're on Twitter, so it's safe to assume they're technologically sophisticated, and looking to be engaged. Come up with a creative promotion or incentive for your followers. Fold your advertising message into a game or contest. The sky's the limit. 4. Participate with the Community. This means following people that interest your business, tweeting about relevant topics, engaging in relevant conversations, and supporting the online legal community. If you do these things, you can develop the reputation you want. If you decide not to do these things, you'll leave your business open to the opinion of the community. So, what are you waiting for? Create a Twitter account today and get Tweeting!

Social Media and Your Practice (Part One)

It's no surprise the legal profession is a little slow to adopt new technologies. The law doesn't necessarily evolve at a breakneck pace, so naturally there's less demand for dynamic tools. Plus, there's something to be said for the tried-and-true art of digging through stacks and scribbling on legal pads. Fundamentally, the role of the attorney hasn't changed in hundreds of years. But even by professional standards, the integration of social media sites into the legal community has been slow. The most popular phenomena- websites like YouTube, Facebook, and Twitter- have completely missed the old guard. How ironic that in a profession fueled by social networking, social networking sites are mostly ignored, and by some, shunned. I truly hear on a regular basis that it is a little unseemly that I have a Facebook page for my law firm. How did we get here? Well, we've all heard stories about the lawyer who was recently sanctioned by the bar for tweeting about a client in such a way that others could work out who the client was because this was a breach of loyalty and confidences. And we all know by now that potential employers will make it a point to Google your name and scrutinize whatever profiles you might have. I suspect this contributes to the perception (scare?) that social networking sites are inherently unprofessional, undignified, useless...But that's just foolish. As with anything, it's all in how you use it. Social media can be an extraordinarily cheap and effective marketing tool if used correctly. Attorney and social media evangelist Adrian Dayton hopes to teach you how, with the first release from his Social Media for Lawyers books, entitled Social Media for Lawyers: Twitter Edition. The book is the first of its kind; a significant step toward shattering the legal community's perception that professional decorum and social media are mutually exclusive. Yes, some of these websites are little more than a home for debauchery and teenage angst, but today there are plenty of networks comprised solely of like-minded professionals. Websites like LinkedIn.com, MeetTheBoss.com, and ASmallWorld.net are all great places to meet clients, exchange referrals, and develop business relationships. Look, no one's suggesting you tweet retainer agreements to clients and super poke jurors, but in these tough economic times, you can never have too much networking. And since your 1L days, you've been drilled with the importance of networking. Want that summer associate job? Network. Want to get clients? Network. Well, guess what? This is how people network now, and for the foreseeable future.

Optimize Your Firm's Software Investment

Finding the right practice management software is just the first step for solos and small firms. The next step is mastering it. Sure, good software provides videos and FAQs that give you preliminary training. But if you have staff, it is a basic requirement that you train your staff or your software expenditures will not return the investment you were hoping for. As a rule of thumb, you should plan to spend the same amount of money on training as you did on purchasing the application itself. I understand money might be tight, but consider this: a recent study has shown that people who participate in structured software training are 50% more productive during the introductory period than those who don't. The more you and your employees learn, and the faster you learn it, the sooner you'll recoup your software investment. A formal introductory program will help you and your employees understand operating essentials before you start entering, and possibly misplacing, data. A good place to find software training is the website of the software manufacturer. Many companies have consultants that come to your office or provide web-based training. If this is not the case, consider hiring an independent consultant who is knowledgeable in your software. It's important to determine the best training solution considering your staff and specific objectives. Classroom training allows you to get away from the distractions of the workplace and focus on the task at hand. On-demand access is better for tech savvy offices that are familiar with the software and simple want to fine tune their skills. Live, web-based training sessions are interactive and usually include a formal curriculum and workbooks. Students can practice and gain feedback in real-time. Successful firms know that learning on the fly is not a smart option. Software that is misused or underutilized can lead to billing mistakes that impact cash flow and missed deadlines that result in fines or other sanctions. With ongoing training you'll be able to take full advantage of all the bells and whistles that attracted you to the software in the first place.

Solving the Problem of Lawyer Ratings

Martindale announced that it's revamping its age-old "AV" attorney-rating system. Avvo took umbrage and immediately accused Martindale of hijacking the Avvo ratings scheme, which is the centerpiece to their site and which they bill as the new standard in modern rating systems. Somewhere, lagging in the dust is lawyerratingz.com, which uses a pure, open-forum type system that I personally hate (and, I suspect, I am joined in that opinion by many lawyers). There are many other off-line accolades and ratings (SuperLawyer springs immediately to mind) that share this same market space. As the ratings wars between Martindale and Avvo kick up a notch, I am reminded of a problem that I've spent over a year contemplating and arguing about with my GoodSharks' development team: is there a way to rate lawyers that is fair and makes sense? Obviously, Martindale, Avvo and SuperLawyers all say, "yes" but I'm not so sure. I've identified what I consider to be several problems with the concept of rating lawyers, and which present themselves in various degrees in the ratings models currently available. 1. Peer reviews are based, at least in significant part, on subjective data that can be skewed by good marketing, pedigree and social popularity. 2. Defense attorneys do not get the same degree of wins as plaintiff's attorneys, but may have achieved outstanding results, nonetheless, which are difficult to capture. 3. Client endorsements may include only the endorsements of clients that are happy with the lawyer, and may not present an accurate picture. 4. Open forum endorsements leave lawyers vulnerable to being slated by difficult or unbalanced clients who will unfairly criticize the lawyer. 5. There are so many tangible and intangible things that make up a "good lawyer" or even a "great lawyer." How can you properly weigh these factors against one another in order to create and distill the lawyer's skill into an accurate numerical rating? 6. Endorsements by clients and peers must be carefully controlled by the lawyer in order to comply with ethical rules set out by the bar (many requiring, at minimum, certain disclaimers, in order to avoid misleading the public). 7. Ratings on some services bill themselves as objective and based on formulae, when, in fact, they contain many subjective elements. Of all the ratings systems, Avvo most strongly bills itself as objective. The bedrock of any objective ratings is raw data, which they mine off the internet or receive from the lawyers themselves. They also have a space for client feedback, which is uncontrolled by the lawyer. Their ratings system is a closely guarded trade secret, so I do not know how things are weighted. By contrast, SuperLawyers and Martindale seem to rely almost exclusively upon industry accolades, recognition and peer endorsements. Of all the raw data available, I think that one of the most important is client feedback. Client feedback provides insight into an attorney’s customer service skills, listening skills, value for money and ability to achieve the goals set forth by the client. Client feedback also captures those lawyers who are excellent defense or transactional lawyers but don’t have big trial verdicts to their names. As we are in a service industry, isn’t it important to capture the opinions of those whom we serve? But I do not want to overstate the importance of client feedback over other indicia of good lawyering and good reputation. Other lawyers are in a privileged position to analyze the professional competence of a lawyer, as we are in the trenches together, day-to-day, and we also have the experience to recognize good or bad work product when we see it. There is also the problem of relying too heavily on unsophisticated client feedback, which may include (as I noted above) the ravings of the occasional unhinged client (that many of us have been so unfortunate as to have dealt with at some point or another). There are also logistical barriers to gathering truthful data that is not tinged by bias. How do services like Martindale and Avvo straddle that line between surveyor and nuisance, particularly with respect to that "sweet spot" of candid respondents? How do they keep the questions neutral facing? How do they encourage people to respond without bribing them? (And, in fact, I think lawyers are someone motivated to respond to peer reviews in the hopes that they will get a quid pro quo from their colleagues and friends or that their firms will be promoted generally.) There can be no doubt that Martindale's age-old methodology (I do not know what their new methodology will be yet) is inextricably intertwined with community politics. Attorneys who are networking superstars fare better in Martindale ratings than less-popular colleagues, which says nothing of actual ability. How do they control the opinions to be based on actual experience lawyering with their colleague, rather than based on reputation and hearsay? They really can't. Finally, there's the elephant in the room: ratings manipulation. Rumors abound that Martindale's ratings are rigged. I've heard various theories and anecdotes about how when large firms want to get an associate an AV rating, they can invariably make it happen, and that with little trouble, subjects can actually dictate to whom surveys are sent. The bottomline truth is that lawyering isn't an ability that can be represented by a tidy letter grade, number, or symbol. Companies like Martindale and Avvo will tell you that it is, but that is something I vehemently disagree with. It is not possible to sum up someone's mind, talent, experience, strengths, and weaknesses in a single number. That’s too simplistic. As a community of professionals, we risk losing our best and promoting some of our not-so-good by giving too much weight to ratings. How do you sort this all out? Do we just give up ratings systems altogether? Despite their limits, I think that would like akin to throwing the baby out with the bathwater. Yes, all ratings systems have flaws, but that doesn’t mean that they are useless. At GoodSharks, we came up with a different paradigm: open information. Our site is devoted to creating attorney spaces where the attorney can list everything he has ever done, written about, said, or accomplished. The attorney can also list everything ever said about him, including by Avvo or Martindale. We don’t believe in being mysterious. The consumer should look at everything available and then make an informed decision. Good lawyers will ultimately have many different things that they’ve gathered throughout their career that they can link or list. They may not be identical to the next attorney over, but that is because we are all individuals. Capture as much data as you can because it creates a fuller picture of who you are, including using Avvo and Martindale, for what they are worth. GoodSharks has also developed a limited rating system for its users designed to capture more client feedback than the other systems. Lawyers may ask client to rate them on a five star system on the qualities of trustworthiness, communication, promptness, knowledge, work quality, and professionalism. As we are erring on the side of caution, the lawyers get to choose from whom they get ratings, but they cannot edit or hide the response after it is given (short of abuses, which are investigated by GoodSharks' team). There are no open forums or places for clients to type in their thoughts, either; they can only pick star-values. This is for the purpose of preventing unfettered ramblings or statements that would flag problems with a lawyer's bar association. The most important question in our simple rating survey is, "would you recommend this lawyer to a friend." That's a powerful, "yes or no" question and speaks volumes about a lawyer. Once received, the ratings are averaged and the number of ratings given are listed (i.e. 3 people rated this lawyer). Lawyers are free to opt-in to this system. However, over time, and as the GoodSharks community grows, it will become apparent when a lawyer has been online for years and never received a rating. Consumers can also use that information and draw any conclusions that they see fit. Therefore, lawyers are encouraged to reach out for feedback, and doing so may help them, but it is not the centerpiece of their profile. I think that this is the best compromise, considering the various upsides and downsides to ratings systems. What do you think?

Reach For the Clouds

Cloud computing. SaaS. If you don’t follow law tech trends via Twitter or an RSS Feed, you have now just been introduced to two of the currently most buzzed about topics in the online legal community. Now that you know what people are talking about, it's time you understood why they're talking about it, especially if you're a solo or a small firm partner. Don't worry; it sounds a lot more complicated than it is. What are Cloud Computing and SaaS? Technically, cloud computing and Software as a Service (SaaS) are two distinct concepts. But in practice, and particularly in the practice of law, the concepts are so closely related that these terms are used interchangeably. So, for purposes of this post, I'll simply refer to it by the more colorful "cloud computing." Cloud computing refers to the usage of online applications that are accessible through your web browser. The key difference between cloud computing and traditional computing is that when cloud computing, you are accessing software and data that is physically located on a remote computer. The software is usually owned, delivered, and managed by one or more providers, who allow a sharing of processing and storage resources in a one-to-many environment, on a pay-for-use basis, or as a subscription. It isn't hard to imagine why we call it cloud computing, when you consider the term cloud is used as a metaphor for the internet, based on how the internet is depicted in computer network diagrams. The visual metaphor depicts your data being transmitted and managed over the internet, into the clouds above you, and then being sent back down to your computer via a web browser or software program. A good, everyday example of this concept is internet-based email, like Gmail. The mail is managed on Google’s servers with manipulation on your computer being sent over a web browser (or other software) to Google's Gmail servers, and then synchronized back to your computer. The cool thing about cloud computing is that it isn't just limited to email or Google calendar! What Can Cloud Computing Do for Me? For small business owners, the big appeal of cloud service is the ability to access applications and documents anywhere you have an internet connection. If your phone has mobile web, your work follows you on the big cloud above. Not so with the software you installed on your computer back at the office. You can also have a central computer for all your files and collaborate with employees without emailing document versions around, like you would an on-site, business-dedicated server. You also have everything backed up in a remote location, so if your computer dies or your office burns down, your files remain entirely in tact. Cloud computing is also much cheaper than the alternative: on-site servers configured with an intranet and a VPN for remote access. Consider one of the most popular cloud services on the market today: Google Apps. For $50 per user, per year, a business can set up a private work group with email service, calendaring service, tasks, chat and Google Docs. You can dovetail it with other Google tools, such as YouTube and Blogger. (Alas, Google Apps used to be free, but it has grown so popular that they are charging for it now.) Google Apps is only one of many cloud computing tools out there (and actually isn’t the service I use now, although I have in the past), so spend some time really identifying what you need for functionality and cost and comparing amongst providers before you make a choice. So, why are cloud computing services generally cheaper than traditional software and hardware solutions? Under a traditional computing model, software and hardware that provides all the same capabilities would cost hundreds, possibly thousands, of dollars in up-front investment for licensing and set up. Google Apps already owns its software and the costs of hardware and software maintenance are defrayed amongst Google's millions of users. This outsourcing of maintenance also means you can scrap your expensive calls to your IT Guy. As an aside, licensing software for your computers, and purchasing hardware, can be treated as capital expenses on your tax return, so you may be able to depreciate these expenses over more than one year. Cloud service, on the other hand, is almost always an operating expense, paid and recognized monthly. For my practice, the savings were so extensive that I could easily work around the tax implications; but you should always look at your whole budgeting and practice needs should dictate which service is most profitable for you. What Are the Dangers of Cloud Computing? Sounds great, right? Sign me up! Not so fast… you need to think about security and ethics (alas, being a lawyer always bear that cautionary footnote). Some legal professionals would have you believe cloud services are no place to keep your client's information confidential. Well, yes, you've got to be vigilant with your security. But I'm here to tell you that their fears are greatly exaggerated and that with a little bit of due diligence, you'll find that cloud computing can actually be more secure than your local hard drive. I would like to note, cynically, that there are many people who are getting very rich off of our technological incompetence because it's not hard to imagine a lawyer shuddering at the thought of confidential data being stored on computers they can't personally see or touch. Here are the facts: • Any cloud service worth its salt hosts its customer data on servers maintained by the most secure web servers in the world, like Amazon Web Services. This is a legitimate way for companies to "outsource" the hosting of data, because it frees up the service provider to concentrate on customer support. This information is less likely to get stolen or hacked than information on your local computer (which, I might point out, is as easy to steal as someone picking it up and carrying it off). • Any cloud service worth its salt standardizes on 256-bit encryption. That's the same encryption standard your web browser uses when you type your credit card information into Amazon.com, or access your bank account online. • This encryption allows documents saved on cloud computing servers to be accessed securely by other lawyers, such as your secretary or associate. The simple fact is that email is not secure. Emails are not encrypted and they go through your email server, which is also not encrypted. Have you ever heard that sending an email is like sending a postcard? Everyone managing those email servers can read your email. Therefore, collaborating through cloud computing is actually safer than emailing drafts of documents around between your office. • Check with the service you are using, but many cloud computing services encrypt your data on the server from the services’ own employees, so you don’t have to worry about them seeing the information of your documents (again, unlike IT people on your personal computers and unlike email). • Cloud computing creates control over your employees' access to data and allows you to back everything up, archive, and pull data off of employees’ computers (paranoid, but you should have these capabilities in place). • Cloud computing functions as an off-site back up, so that you do not have to worry about crucial data loss of client files due to theft, fire, malfunctions, or whatever. My counterpoint to the anti-cloudists, therefore, is that data is far more secure on the highly-encrypted, highly-secured server farms of Amazon's watchful IT army than an old, out-dated server sitting in some closet of your law firm. So, I find that it is all around better: less expensive, more efficient amongst my employees, more secure, and allows me more control. What's not to love? Finally, there are those who would have you believe when cloud services disappear, so goes your personal data. While this is a valid concern, the most reputable vendors have significantly reduced this risk by implementing data escrow policies that will survive even if they do not. Thus, your information is safe, secure, and always available regardless of what happens to the service. Also, commonsense tells you to choose a service that is well established. I actually have a local hard drive and a second back up service for all my data, just in case. (I had them available from old ways of doing business, so it was free to set up.) My data is literally backed up in five places at this point. If there's a lesson to be learned from the anti-cloudists, however, it’s that not all cloud services are created equal. As always, a little diligence in selecting a service provider can go a long way. Spend some time learning about collaboration software and considering how many employees you have or will have, who needs access, how you'll collaborate on work and back things up, what your current practices are with respect to software and hardware, whether you want to share with clients, and how you will transmit data (I don’t recommend unencrypted wireless or peer-to-peer like Skype!). For an example of a top-notch data accessibility, security, and privacy policy from one of the most secure law practice management cloud services around, check out Clio’s policy here. Also, if you’re curious about what solutions I use for my law practice and my business, check out the following services: www.adrive.com (for secondary, emergency back up, but not good for collaboration); www.getdropbox.com (I can’t recommend this one highly enough, it’s my main collaboration tool, but it is not scalable for larger practices); www.rackspace.com (for my email and email archival services, I use an exchange server with Outlook to work closely with my secretary and keep everything synced on my iPhone); and www.basecamphq.com (secure collaboration with message boards and chat; you can use this with business clients or in-house). These are only a few, so have fun exploring!

Google Wants to Take Your Practice Global: Unique Advances in Free Online Document Software

Those who use the Google Docs application already appreciate what Google has done for document management. The web-based app allows users to create and edit documents online while collaborating in real-time with other users. Online document collaboration makes version control easier for small offices that cannot afford on-site servers. Gone are the days of e-mailing first, second, and third drafts with those annoying 'track changes' balloons. Google Docs is Google's version of an office suite and is an excellent tool for many legal offices. Documents, spreadsheets, forms and presentations can be created within the application itself, imported through the web interface, or sent via email. Unlike Microsoft, you do not need to purchase the Office software separately. Jumping on the online collaboration bandwagon is the Work Spaces application by Microsoft, which I use for the same version-control reasons as one would use Google Docs. I am compelled to stick with Microsoft at the moment, because Google Docs hasn't quite perfected some of the more extensive formatting features that I need as a California litigator, such as lined pleading paper. Even though I use Work Spaces, I still had to buy Office 2007 and download the plug-in to make Work Spaces work. (I still like it well enough, though.) Google is marching along, however, in its quest to steal Microsoft's dominence in small business software. Recently, the tech behemoth unveiled a feature in Docs that translates entire documents, or fragments of documents, into 42 different languages. Have a Spanish-speaking client? No hay problema! Sending a demand letter to a company in Montreal? Pas de problème! The Google faithful will recognize this service. That's because this functionality is essentially an integration of the beta service Google Translate. The technology is based on an approach called statistical machine translation, whereby Google used 20 billion words' worth of linguistic data from U.N.documents. So there's a slight catch: like any automated translation tool, the service tends to provide very literal translations. (And, quite possibly, there is no Croatian translation of legalese such as "hereunder.") Also, of course, Google's translations are unlikely to stand up on court as admissible translations (at least here in California). But, for now, they give us small firms a fighting chance to deal with international clients and it may have serious benefits for immigration lawyers or others who deal with non-native English speaking clients on a regular basis. This new feature comes amid rumors that Google Docs might soon be getting a face lift to make it more appealing to those who (like me) are still working on the Microsoft platform, especially since Work Sites is critically acclaimed and is comfortably familiar. Nonetheless, I wouldn't expect to see anything like this from Microsoft anytime soon.

Go Ahead, Brag a Little...

One of the neat things about GoodSharks is our attorneys can pack their profiles with more content and information than traditional online directories and matching services. That's because GoodSharks is neither. We are a virtual marketplace, where attorneys and clients meet, freely exchange information, and develop business relationships. We believe the consumer's judgment shouldn't be clouded by an arbitrary ratings system that has little bearing on reality. Shouldn't you be hired because of who you are and what you've accomplished? Our unique profile-building application allows you to personalize your message and stand out among the sharks. The following are some of the more innovative features: Video Uploading Those who share videos on You Tube or a similar site will be happy to know they can import video to their profile. If you're not on You Tube, consider this feature a tremendous reason to join. Be it a television commercial or simple introductory video, uploading to You Tube is free and easy, and you'll increase your visibility significantly. Profile Cross-LinkingPublished Works Library If you've ever been published - such as an article, case or blog - you can link to it via your GoodSharks profile. If you've never been published, become a guest author for a GoodSharks How To, and start populating your library! This is a great opportunity to demonstrate you're an authority in your field. Media References Library Here's where you can show off a little. If you've ever been mentioned in the media, you can provide a link. Everyone wants to hire a celebrity. Define Your Sharking Style Complete this mini-survey on your dashboard, and let clients know a little about your lawyering style. This is a fantastic way of managing expectations at the outset and showing some personality. Of course, all of the above features are optional. You might opt for a basic profile for simplicity's sake or because you're a new attorney with no media mentions or published works. In this case, GoodSharks automatically hides the unpopulated feature so it doesn't appear as though you've got an empty cupboard of credentials. GoodSharks encourages our attorneys to provide as much personal and professional detail as possible. Try it; you're bound to get a greater quantity and quality of business. Clients are going to hire you because of who you are and what you know; so give them this information in spades and you are guaranteed to see a high return on this little investment of time.

How to Build a Successful Law Practice from Scratch: An Introduction

I was once a proud, hardworking associate at safe, big law firms. I did top work and got top dollar for it. I had made my way into the club, and as long as I billed lots of hours and answered my blackberry at 3 am on a Tuesday, I would stay in the club. I thought that if I worked really hard for ten years, I would be a partner, and life would be grand. The last year in the big law world has not been the same, though, for me and for many other lawyers. Lack of work due to the recession has lead to mass layoffs and a lack of jobs. Many lawyers have no choice but to start their own practice and make it immediately successful. Perhaps you are a suddenly unemployed lawyer, a fresh graduate with no jobs around, or an entrepreneurially minded person who revels in the road less traveled. Whatever your situation, you can build up a successful law practice, from scratch, in just a few months. How can I make such a claim? I did it. In late January 2009, after months of hard luck, I decided that I'd better stop looking for a job and get to building my own business. However, I literally had no money to do it with. But I jumped in anyway. By March, I was bringing in $10,000 per month in fees. By June, that number doubled and I am going to make more money practicing on my own than I ever made in a "safe" law firm job. You can do it too. Building a law practice is just like building any other business. You have to brand, market, advertise, budget, plan, sell, produce, and collect. Practicing law, unfortunately, does not take up most of your time (at least until you can afford to hire people). You have to think of it as a business first, even though many of us went to law school because we wanted to be professionals, not business people. My seven step plan will get you back to practicing law in no time, however! Step One: Set Up Shop (but not too much!) Step Two: Smart Advertising and Marketing (how being a clever cheapskate will help you!) Step Three: Setting Fees and Picking Clients (crucial to your success and happiness) Step Four: Sell, sell, sell (by relationship building) Step Five: Actually do the work (high quality product is key) Step Six: Administrative headaches and traps for the unwary Step Seven: Growth and prosperity management This blog post was just an introduction, and the seven steps will be included in subsequent posts coming over the next couple weeks. Keep coming back for good information!

Improve Email Billing Efficiency with MonetaMail

Although there are many great reasons to adopt flat fees and skip the billable hour here, sometimes you will have no choice. I have to admit that, as much as I love flat fees, a significant portion of my work is still billed by the hour. I also have to keep track in certain contingency fee cases. So, I’m always on the look out for ways to capture time with less pain. Recently, I ran across MonetaMail. This application is a Microsoft Outlook add-on that automatically tracks time for e-mail activities. At $99, it’s a steal. It will easily pay for itself in the time that you capture for emails that you aren’t charging for and in saving you time with your monthly billing. I’ll tell you honestly that I go through several hundred emails every single day. Email management is a serious problem for me. I know that I don’t bill for roughly 90% of the emails I send and receive. Email overwhelm and mismanagement directly affects my bottom line. I know I’m not alone. Email is now unquestionably the most popular communication tool for attorneys. How many of your minutes slip through the cracks each month due to underestimated or forgotten e-mail time? But on the other hand, who likes to interrupt their workflow of reading and replying to e-mails to track time? I usually forget to toggle my timers, so they are not a good solution for me. MonetaMail aims to eliminate these problems. It tags, tracks, and reports your email so you can spend more time working, and less time on billing. Also, it serves as an automatic reminder… it is way easier to capture that time if it is in your face, takes 5 seconds to do on the spot, and doesn’t require you to jump through a series of programs. Also, users can easily opt-out of time-keeping for personal and non-billable emails, and since the timer is visible in an Outlook pane, it can be manually paused and re-started, again without a lot of toggling. Another handy feature pauses the timer when Outlook is moved to a background window (just in case you forget – which I usually do). Finally, reports on email productivity by client, project, or time period can be generated on a daily, weekly, or monthly basis, for those people who really want to know exactly how much time they are spending on emails (you will be surprised, I can guarantee it). You can download MonetaMail here. By the way, GoodSharks isn’t an affiliate of MonetaMail and we don’t get any money for recommending it to you. Rather, I’m always looking for better ways to streamline my practice and create efficiency. When I find things that might do the trick, I want to share them with you. So, please, share with me your experiences with MonetaMail or if you’ve got any better solutions. I’m definitely all ears!

Five Reasons to Adopt Flat Fees Over Hourly Fees

During poor economic times, litigation may notch up slightly, but spending on legal services generally slows down as companies and individuals look to tighten their belts. Spending on innovations, mergers, new deals and developments, and aggressive, bloated litigation budgets disappear. Just like most businesses, lawyers are dependent on good economic times for good business. When the economy takes a turn for the worse, what is the erstwhile lawyer to do? Compete! Lawyers are no strangers to competition -- we might even be the toughest competitors of all the office-bound, being that we operate in an adversarial system. We've earned the moniker "shark" for a reason. Adopting a flat fee billing system -- even for litigators -- can help you out-compete other lawyers, reduce your business costs, boost your profit margins and bottom line, and improve your client loyalty. Here are five reasons why. 1. Fewer write-offs and fewer collections. Here's the beauty about flat fees: you get the client to pay you before you do the work. When the client pays you up front, you don't have to collect. This is exactly why you require a retainer fee, right? Here's the difference: you are telling the client exactly what things are going to cost from the get-go and getting their express approval in the form of immediate payment. You don't have to re-open billing negotiations by then supplying them with an itemization out of the client trust account and justifying every minute that you spent. Because the client agrees up front, there is no dispute, no questions, no waiting and no collection. You can make the fee agreement precise and have strict control of scope of work, in case you are wary about having to "fire" the client later. By doing this, you can identify the "difficult" client who doesn't want to pay or who won't work well with your lawyering style immediately, before you take them on long term. Fewer write-offs and fewer collections means you spend more time practicing law and less on administrative tasks that reduce your profit margin and bottom line. Added bonus: you don't have to ask for a staggering sum up front to cover all potential future fees and you will be able to attract clients who would otherwise be good clients but do not have as much free cash for large retainers. 2. Happier, more loyal clients. You know what happens when you aren't socking your clients with bills for thousands of dollars? They are happier with you. Get them to focus on your results and less on what they pay you, and they'll keep coming back for more. No matter how sophisticated the client, they will always feel resentful about a bill for thousands of dollars, particularly in "net-negative" situations, such as litigation defense. They will always think that they could've done it faster, better and cheaper. Or, worse, they won't understand what you did, why you did it or why it took so long. That places them in the position of being resentful, or even "surprised" by the bill, so that they comb through it suspiciously. And it puts you at odds with your client instead of on the same team. How can you build a client relationship that has the key ingredients of trust and loyalty if they are constantly questioning how much they are paying you and the way you use your time? Honestly, you can't. And it makes you miserable. This solution is telling the client what you will charge up front, get them to pay you, and then move on to providing them with excellent service and results. The service and results will stay in their mind as the most recent event, bringing them back to you again and again. 3. Efficiency, efficiency, efficiency. What makes for lower prices? Efficiency. What makes for lower costs of doing business? Efficiency. What will give you the cutting edge over your competitors? Efficiency. If you can be more efficient than your competing lawyers, you accomplish two things. First, you can offer your services at a lower cost to your clients, making you cheaper and therefore the one who is more likely to get hired. Second, you spend less time on non-moneymaking activities (so you can take more work and make more money or you can just get a life, making you both a cheaper lawyer and a happier one). Flat fees promote efficiency in a myriad of ways. For example you can stop wasting time tracking your hours when attorney fees are not in issue. (If you hate billing, that is no small thing.) But that is just the beginning. You can also benefit from selling one good piece of work multiple times as a customizable commodity. Are you an e-commerce lawyer who has written an iron-clad user policy that only needs customizing based on an individual company's needs? Sell it ten, twenty, fifty times for the same price. No longer does your first client bear the brunt of your learning curve (or, more likely, you, when you write half the bill off). No longer are you punished by earning less for your efficient reuse of your own work product (or trying to counteract it by charging exorbitant hourly rates for your expertise). You can't bill subsequent clients for hours you don't work, but you can increase your profit margin for the same output by charging them a flat fee. For extra fun, really upset your competitors by charging slightly less than they would for the hourly output (which you no longer need to create the same work product) and turning around the product faster and in a more perfected form, as you've had a longer period of time to get it right. Next, if you are a defense lawyer, make your client happy by drastically reducing the "nuisance value" of a case. As the fees are pre-negotiated and pre-paid, an unscrupulous plaintiff's counsel will not be able to sporadically force you to bill your client to death and exhaust or scare them into an inflated settlement. Similarly, since your time is your money, you will start focusing like a laser on the real issues and necessary tasks in a case -- no more case bloat. You will no longer feel that it is necessary to respond to the three letters a day that your opposing counsel sends you -- within an hour of receiving them -- and your responses will become pithy and direct. If your opposing counsel isn't a crazed jerk, you can even engage in meet in confer in person rather than by letter and the judge will love you. You'll settle the case for what it is actually worth on the merits, and your client will love you. If you are a plaintiff's lawyer, you can avoid the defense tactic of being buried by paperwork in the same manner. Again, focus like a laser on what really needs to be done and be more efficient. Yes, I know that you all were being totally efficient before -- or so you thought. Trust me, nothing can cut through the bloat and unnecessary tasks like being completely, painfully aware of having your time wasted, no matter how judicious you were being before. Disputes will come into perspective for you. You will become ruthless with your time management, and, as a result, a better lawyer. 4. Harness the power of the Internet. The Internet continues to grow exponentially and attract more consumers daily. Gone are the days of the town lawyer who hangs up his shingle and gets a regular stream of locals. You can do that, but without a book of business, you will run up more expenses and net fewer clients than the intrepid twenty-five year old down the street (or worse, lose your clients to legal outsourcing companies in India). Shifting your practice to be Internet savvy can make you extremely prosperous, and, again, help you out compete the other sharks in the sea. How to harness Internet marketing to blow your practice up is outside the scope of this article (an article on that will be coming soon). However, here are two ways that it relates directly to flat fees: First, you can use a shopping cart right on your website to get clients to buy your services. Go for the quick close and have your clients purchase your services straight from a price list, using a credit card. This has the added benefit of making your client feel comfortable with the purchasing process since buying off a set menu without haggling or long meetings is common consumer behavior in the U.S. (As an aside, be sure to consider all ethical issues for your state and practice area as you set this up; shopping carts and credit cards will not work for every practice.) Second, Goodsharks.com is currently a free way to get advertised and matched with new clients. One of our available matching criteria is flat fees. Offer it to prospective clients and see for yourself how many new clients it draws in! 5. Flat fees are more ethical than billable hours. OK, so being ethical doesn't always help you compete (and sadly, sometimes the opposite), but it does make you like yourself and your profession, making the long hours a little less painful. Besides, happy lawyers do better work and are better able to handle their clients, opposing counsel and judges and juries. Also, many clients will appreciate you for being ethical. Flat fees are more ethical than billable hours because they do not create the same inherent conflict of interest. When you bill hours, it is in your direct economic benefit to be inefficient, litigious, slow and an insufferable fuddyduddy. It is in your client's interest, by contrast, for you to be efficient, quick and a resolver of issues. Flat fees puts you in line with your client's interests. As the President of the California Bar Association noted recently in an article titled Escaping the Billable Hour Trap, while most lawyers will claim that he does not create unnecessary work in order to inflate hours, every bill and decision is suspect. And most lawyers can point to at least one other lawyer whom they believe has inflated bills. Fight the perception of your client, opposing counsel, the courts, and the public and fight any billing bloat -- conscious or unconscious -- by removing yourself from the billable hour trap. As you can see, there are several exciting and practical reasons to upgrade your practice to a flat-fee business model. As more inertia flows towards flat-fees, you will either be ahead of the frenzy or left fighting for a shrinking pool of clients willing to accept billable hours. I know which one I'm going with in my law practice! Author: Alicia I. Dearn, Esq. is the owner and principal attorney of a small firm in California. She used flat fees and internet marketing to ditch her big firm job and create her own firm servicing business clients and individuals, from scratch, in only a few months. She is also the founder and CEO of GoodSharks.com.

Craigslist: Your One-Stop Shop for Toasters, Tickets, Cars ... And Legal Advice?

I like Craigslist. When I'm in the market for a used car or a Tweetie Bird Pez Dispenser (don't ask), it's the first place I go. I think it's the world's best flea market and classifieds. I also use it to find clients. One of my longest running business clients found me after I posted an ad on Craigslist's "services" section. I developed a long term relationship with another fantastic client after answering an ad for legal help in the "wanted" section. I also use it to hire contract attorneys and paralegals. Sometimes, I even visit the site to be entertained. I can't recommend the Best Of section highly enough -- it's a collection of hilarious intentional and unintentional comedy. In short, Craigslist is in my top 5 sites that I visit and is a testament to how the internet (even no-frills, text-heavy sites like Craigslist) is one of man's greatest inventions. Nonetheless, despite its many virtues, I was mortified the first time I came across Craigslist's legal discussion forum, which encourages users to seek answers to their legal questions from other users. Actually more terrifying was the number of other attorneys seeking answers from Craigslist's users (why bother going to the law library when you can get legal research for from anonymous strangers on the internet?!?!). Such a forum creates a host of obvious ethical problems and it is something that we, as professionals, should be crying "foul" on. For example, the only qualification one needs to play counselor is internet access and a username. Based on the few threads I've read, I don't think many "Craigslawyers" are actual lawyers, or even legal professionals. Even if they were, I wouldn't know because Craigslist doesn't require users to post their credentials or true identity. In California, this is a violation of Rule of Professional Conduct 1-400, at the very least. The obvious conclusion is that Craigslist is being a tad irresponsible. To its credit, the site prominently displays a disclaimer under the heading "res ipsa loquitur" (Huh? Craig needs to brush up on his law school Latin -- unless he is intending to admit to tort liability for this forum):

DISCLAIMER - Craigslist is not responsible for, and you may not rely upon, the accuracy of any information or advice posted here - this forum is provided for educational and entertainment purposes only - you should consult with an attorney prior to acting on any information found here.

Disclaimer or no, Craigslist is helping people pass around bad and unlicensed legal advice. But, considering that Craigslist isn't being held responsible for all the prostitution it enables on its site, I guess there is little we lawyers can do about it (at least for now). And, as I said, I'm a fan of Craigslist; I don't want to see them taken down because of other people. People should be held accountable for themselves and their own actions. But if they are going to insist on leaving the forum up, I would like Craigslist to at least make these so-called counselors' contact information publicly available so that we, as a community of professionals and through our bar associations, can prosecute abuses and unauthorized practices of law. I'm sure that Craigslist will continue to make this forum available because there's a demand (and if they don't, others will). The internet makes information, whether good or bad, readily available, and people will believe what they read if it suits their purposes. You and I understand the dire consequences that will come from relying on untrained legal advice. Too many people in the public (even sophisticated people), however, just don't seem to get it until after they are burned. The fundamental problem is not Craig or people's sense of entitlement to free information on the web, it is a lack of appreciation by the general public as to why the information and experience stored in our brains is worth $300 per hour, or why we spend hours researching and contemplating problems before giving them an answer. To the general public, legal advice is just another a la carte service in a vast online buffet of free information; lawyers are a big rip off -- they just fill out forms and look up rules in books. This is a problem we have to get a handle on. With the explosion of Google as the world's go-to library, this perception is only getting worse. Fellow lawyers, we need to get with the times and take this bull by the horns, or risk only greater chaos in our courts and businesses. So, please share ideas you have about this. I've got a few, too. Then, let's take some action. In the meantime, here's an open note to Craig: I love your list. You do many things well. Your free classifieds are brilliant. I love your simplicity and the efficiency Craigslist creates in most markets. But the lawyering forum is unnecessary and causes more harm than good. Could you please just cut that out? Thx, Alicia at GoodSharks