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The National Law Forum - Page 559 of 753 - Legal Updates. Legislative Analysis. Litigation News.

One Day Left to Share Your Comments about the Closing Process with the Consumer Financial Protection Bureau (CFPB)!

McBrayer NEW logo 1-10-13

 

On January 3, the Consumer Financial Protection Bureau (“CFPB”) issued a notice and request for information in the Federal Register regarding the real estate closing process. Specifically, the CFPB is interested in knowing the consumer “pain points” associated with mortgage closing and how those pain points might be addressed by market innovations and technology.

The bureau wants input from consumers, mortgage lenders, housing attorneys, settlement closing agents, real estate agents, fair lending and consumer advocates – basically anyone and everyone with closing experience. This is your chance to share your perspective, whether good or bad, and help the closing process to be a smoother and more consumer friendly one for your future purchase, sale or refinance. The information collected during the comment period will be used to help the CFPB come up with future improvement initiatives. This is part of the larger “Know Before You Owe” project, which is intended to help consumers understand and navigate the home-buying process.

The CFPB has made it easy to share information by listing seventeen specific questions they would like responses to, including:

1. What are common problems or issues consumers face at closing? What parts of the closing process do consumers find confusing or overwhelming?

2. Are there specific parts of the closing process that borrowers find particularly helpful?

3. What do consumers remember about closing as related to the overall mortgage/home-buying process? What do consumers remember about closing?

4. How long does the closing process usually take? Do borrowers feel that the time at the closing table was an appropriate amount of time? Is it too long? Too short? Just right?

5. How empowered do consumers seem to feel at closing? Did they come to closing with questions? Did they review the forms beforehand? Did they know that they can request their documents in advance? Did they negotiate?

6. What, if anything, have you found helps consumers understand the terms of the loan?

7. What are some common errors you have seen at closing? How are these errors detected, if at all? Tell us about errors that were detected after closing.

8. What changes, diverging from what was originally presented at closing, often surprise consumers at closing? How do consumers react to changes at closing?

9. How, if at all, do consumers typically seek advice during closing? In person? By phone? Online?

10. Where and to whom do consumers turn for advice during closing? Whom do they typically trust?

11. What documents do borrowers usually remember seeing? What documents they remember signing?

12. What documents do consumers find particularly confusing?

13. What resources do borrowers use to define unfamiliar terms of the loan?

14. What, if anything, would you change about the closing process to make it a better experience for consumers?

15. What questions should consumers ask at closing? What are the most important pieces of information/documents for them to review?

16. What is the single most important question a consumer should ask at closing?

17. What is the single most important thing a consumer should do before coming to the closing table?

You can submit answers to these questions, along with your own additional comments, online by visiting this webpage:  http://www.regulations.gov. But time is of the essence! The comment period closes tomorrow, February 7th. Hurry and let your opinions be known!

 

Article by:

Brittany C. MacGregor

Of:

McBrayer, McGinnis, Leslie and Kirkland, PLLC

February 17, 19, 27 – Women in the Law Rainmaker Forum: A Catalyst for Stepping into Your Power

The National Law Review is pleased to bring you information about the upcoming Women in the Law Rainmaker Forum hosted by KLA Marketing Associates.

1.24.14

 

When

For your convenience, 3 dates and times:

February 17 – Late Afternoon

Feburary 19 – Morning

Februrary 27 – Late afternoon

Where

Philadelphia / New Jersey / Virtual

Join us – a safe, intimate forum where Women in the Law “lean in” and access much-needed resources to develop a prosperous and rewarding practice. Make 2014 the year to take control of your career. 
Join for our popular Forum to:
  • Learn critical rainmaking techniques
  • Brainstorm opportunities
  • Dig deep into your business challenges
  • Tap skills/experience of others  

Four 2-hour sessions to change the

way you do business – and win business!

Special Pricing: $499* for all 4 sessions – – and more. Register now to claim your seat that will change the way you do business!

About the Trainer/Coach
Kimberly Alford Rice, Principal and Chief Strategist of KLA Marketing Associates, has successfully trained hundreds of lawyers to build and grow a prosperous book of business over the course of her 20+ year legal services advisory practice. She deeply understands how to engage the organizational and human factors that drive successful implementation and change through her work. To learn more, check out KLA Marketing Associates website.

 

Are Union-Free Strikes Protected? The NLRB (National Labor Relations Board) Thinks So.

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In June 2013, we issued a client alert discussing the efforts of unions and the National Labor Relations Board (NLRB) to target the primarily union-free big box retailer and fast food industries. After describing how Target had come under scrutiny from the NLRB, the client alert detailed how the United Food & Commercial Workers Union (UFCW) and the UFCW-backed group “OUR Walmart” had been coordinating strikes and filing charges with the NLRB against Walmart. The client alert then foreshadowed: “[g]iven the Board’s recent penchant for union activism, do not be surprised if it takes a close look at Walmart’s policies and practices in the coming months.”

As predicted, the Board filed a consolidated complaint against Walmart on January 14, 2014 alleging the union-free retailer violated workers’ rights in response to coordinated strikes across 13 states. The complaint alleges dozens of Walmart supervisors and one corporate executive threatened, disciplined, surveilled, and/or terminated more than 60 workers in response to the union-free strikes.

The complaint is significant for two reasons: (1) the Board is taking the position that union-free workers have a protectable right to strike; and (2) the Board is testing its position against the nation’s largest employer. The Board views the union-free strikes as a form of protected concerted activity, and its press release states that the National Labor Relations Act (NLRA) guarantees employees the right to “act together to try to improve their wages and working conditions with or without a union.” The complaint alleges Walmart violated the NLRA by maintaining a policy that treats absences for participation in strikes as unexcused. The complaint also details alleged retaliatory disciplinary actions taken by Walmart supervisors at particular store locations, though many of the listed locations involved only a single worker being absent.

From an employer perspective, the Board’s position raises many questions. For example, how is a supervisor to know whether a non-union worker is participating in a “strike” or just absent? Can a single worker go on strike, or is there a minimum number of strikers for the activity to be “concerted”? Can strikers be permanently replaced? Are “intermittent” strikes prohibited? It is easy to see why union-free strikes create tough questions for union-free employers.

The Board’s actions against Walmart are worth watching as they come amidst a larger backdrop of worker protests and political debates over minimum wage and working conditions that are likely to remain in the spotlight for the foreseeable future. How courts ultimately grapple with the Board’s position and the resulting questions could have far-reaching effects on the labor market in 2014 and beyond.

Article by:

Of:

Michael Best & Friedrich LLP

Chief Litigation Officer Summit Spring 2014 – March 20-22, 2014

The National Law Review is pleased to bring you information about the upcoming Chief Litigation Officer Summit hosted by Marcus Evans.

Chief Lit.March2014

 

When

Thursday March 20 – Saturday March 22, 2014

Where

Las Vegas, Nevada

Register here!

In the current legal environment, the number of claims and costs associated with litigation are expected to escalate. With the pressure on to optimize legal spend, Chief Litigation Counsel are implementing cutting-edge solutions to reduce costs whilst maintaining high quality work. Deploying proactive procedures which focus on risk mitigation and litigation avoidance will be the key to overcoming litigation challenges.

 The Chief Litigation Officer Summit is the premium forum for bringing leading in-house litigation counsel across the nation together with service providers. As an invitation-only event taking place behind closed doors, the Summit offers a unique forum for service providers to interact with heads of litigation from the country’s leading organizations in an intimate environment.

4th Cir. First to Apply "Disability" Definition Under ADAAA – ADA Amendments Act of 2008

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On January 23rd, in a ground-breaking decision under the ADA Amendments Act of 2008 (“ADAAA”), the United States Court of Appeals for the Fourth Circuit held that an injury that left the plaintiff unable to walk for seven months and that, without surgery, pain medication, and physical therapy, likely would have rendered the plaintiff unable to walk for far longer can constitute a disability under the Americans with Disabilities Act.  The Fourth Circuit in Summers v. Altarum Institute, Corp. indicated that it is the first appellate court to apply the ADAAA’s expanded definition of “disability.”

The Court reversed a District Court’s dismissal of the plaintiff’s case pursuant to a Rule 12(b)(6) motion.  The U.S. District Court for the Eastern District of Virginia based its dismissal of the plaintiff’s disability-based discharge claim on its view that the plaintiff’s impairment was temporary and therefore not covered by the Americans With Disabilities Act. In its reversal, the Fourth Circuit held that the plaintiff “has unquestionably alleged a ‘disability’ under the ADAAA sufficiently plausible to survive a Rule 12(b)(6) motion.”

Article by:

Timothy M. McConville

Of:

Odin, Feldman & Pittleman, P.C.

To Win at Legal Marketing, Know Who Is On The Other Side of the Ball

The Rainmaker Institute mini logo (1)

Yesterday was Super Bowl Sunday!  You know, I believe that legal marketing is as competitive as any sport.  A well-prepared coach will know the facts about his opponent.  A well-prepared trial attorney will not only study their case, but also their opponent.

Marketing your law firm consists of quite a bit of information gathering; learning about top competitors is one of the first steps.

Below is a list of ideas you can use to become acquainted with your competitors to gain an important edge in your legal marketing efforts:

  • Review and analyze their website and social media profiles. You will be surprised what a law firm will reveal on their website and social networks.  Be sure to look up their individual attorneys on LinkedIn and other social networks.
  • Enlist a friend’s help to interview their associates as a potential client. Be prepared with a list of questions before they place the actual call. Choose questions that will reveal important data about the competition. A simple telephone call can produce a wealth of information about the competition’s law firm marketing techniques.
  • Ask them to mail you some information about their law firm. The type of legal marketing material they send out will speak volumes about who they are and how they conduct business.
  • Sign-up for their e-newsletter (using your personal email address, of course). 
  • Use Google to further bolster your law marketing strategic planning. Type in the keywords and phrases someone would use to find your practice area. For example, “LA personal injury lawyer” or “Real Estate Attorney Chicago” or “Estate Planning Lawyer in Manhattan”.  Study the top 10 websites that come up. These are your most aggressive online competitors because they didn’t get there by mistake.
  • Search to see how ‘visible’ they are.  Create a Google Alert for each of your competitors so you can receive news feeds about them as they happen.

Don’t be afraid to ask questions and to investigate as much as possible. Your successful competitors are no doubt learning about you too if they are using the best legal marketing techniques.

Article by:

Stephen Fairley

Of:

The Rainmaker Institute

IP Law Summit – March 20-22, 2014

The National Law Review is pleased to bring you information about the upcoming IP Law Summit hosted by Marcus Evans.

IP summit 2014

When

Thursday March 20 – Saturday March 22, 2014

Where

Las Vegas, Nevada

Register here!

Intellectual Property is the bedrock of many contemporary companies and with the growth of the internet and a global market, having a smart IP strategy is more essential than ever. Every business decision that involves IP is a legal decision and every legal decision is also a business decision. Counsels are constantly pressed to promote innovation and must keep up-to-date with any worldwide regulatory changes ensuring the future growth and protection of their company’s IP.

 The IP Law Summit is the premium forum for bringing senior IP Counsel within the largest corporations and mid-market organizations together with service providers. As an invitation-only event taking place behind closed doors, the Summit offers an intimate environment for a focused discussion of cutting-edge technology, strategy and products driving the IP marketplace.

Legal Intake Software to Track Return on Investment

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Your online marketing campaign is live: the website is up and running, you are ranking well in Google and Social Media is generating buzz around your law firm. You invested well, your phone is ringing, and clients are being signed. But are you tracking which sources are bringing the most revenue and which sources are biting off disproportionate chunks of your budget?

An efficient solution that can take the burden off of you and offer more precision is the use of Intake, or Customer Relationship Management (CRM), software.

Intake software comes in a variety of forms, shapes and sizes – for solo practitioners and for national full service firms – some of which are highly customizable and others that are template-based. Some are made solely to keep track of user information in a database. Some can help set your workflow by assigning leads and scheduling follow ups. And some allow you to assess your marketing strategies by providing Return on Investment (ROI) reports.

Return on Investment is a metric that allows you to compare investments, to see which bring in the biggest returns and which see the biggest losses. For law firms, the best ROI indicators are cost-per-lead or better yet, cost-per-case. Your firm will need to set your own goals and determine which metric is most important to you.

To track ROI you will need to know where each lead originates, how much your firm is spending on that source and whether the lead ultimately converts. The best Intake Software to track ROI should:

  • integrate seamlessly with your intake channels, like quick contact forms and phone calls from multiple sources. (This charting is especially possible when you set up dynamic call tracking.)
  • show the breakdown of leads by specific practice area so you can accurately evaluate your efforts.
  • provide frequent reports to track changes over time or evaluate specific campaigns.
  • be flexible without being cumbersome. Some solutions can be too cookie-cutter and may not fit the individual needs of your firm. Similarly, some intake software can be so difficult to customize and so powerful that it may not be the most cost – and time – effective solution for your firm.

The bottom line is to know what is making you money and what is costing you money. Don’t let your intake process damage your bottom line.

Bearing these criteria in mind, we have reviewed several leading intake software solutions for your firm to consider.

Avvo Ignite

Avvo Ignite
Ideal for any firm size.
Ideal for firms practicing any area of law.
Starts at $199 a month.

Features:

  • Avvo Ignite allows users to set up all tracking numbers and creates a dynamic call-tracking system by providing a code that can be integrated into your website, in online ads and in other marketing avenues. (The only source that might need manual entering is referrals.) This tracking enables attorneys to automatically know where every lead comes from, eliminating the repeated question to potential clients, “How did you hear about us?”
  • The initial setup of Avvo Ignite is quick and easy. The number of marketing sources you want to track, the number of practice areas and the number of attorneys in your firm will determine how much customization is needed beyond initial implementation. An Avvo Ignite product specialist will provide support throughout the entire process.
  • As soon as a lead comes into your firm, it will appear on the Ignite lead management dashboard. From there, leads can be automatically assigned to specific attorneys in the firm. The dashboard is shared by everyone in the firm, ensuring the team can track and manage the progress of all new business prospects from first contact to close.

Avvo Ignite

  • Notifications of new leads can also be delivered directly to your mobile device to ensure that you don’t miss a lead even when you are out of the office.
  • Avvo Ignite has a page built specifically for the ROI Reports. There is a screen to set monthly marketing expenses by source and a report that will compare expenditures over time with the number of leads converted to display cost-per-case for each source.

Avvo Ignite Source ROI

  • Avvo Ignite also features drip email campaign capabilities, and users are able to set the timeline of automatic actions. For example, upon receiving a new inquiry, you can schedule an email to be sent that says “Thank you for reaching out to us.” If the status of a lead is changed to “pending” on day 3 and the person was injured in an MVA accident, you can send an email saying that you are still working on the MVA case and provide additional information. If, say, by day 10 the lead’s status still hasn’t been changed to “client”, you can send an email saying that you are still interested in working with the case.
  • Track how “hot” a prospective client is by assigning 1, 2 or 3 stars based on how interested, willing to pay, urgent, or timely the lead is.
  • Additionally, Avvo Ignite provides custom intake forms that can be built for specific firms and practice areas. They also supply budget requests and online document signatures through secure partner sites that report whether the payment requests or documents were sent, viewed and paid or signed.

Captora Case Intake Software

Captorra
Ideal for any firm size.
Ideal for personal injury and mass tort firms.
Starts at $200 per month.

Features:

  • Tracks which phone numbers are assigned to which leads through a dynamic tracking system, or the origin of the source on the Web if a contact form was used.  For contact forms, Captorra uploads the analytics data that is available from the Web: which search engine the prospective client came from, which keywords they used, and so on. (Note: Keyword data is not available in Google, except via AdWords.)
  • Captorra has several screens for reporting. The Dashboard features a snapshot of the most important information in one place. The Marketing Dashboards provide ROI information for each marketing source.  Management dashboards provide the tracking of individual intake specialist performance in converting leads into signed cases.

Captora Dashboard

  • A dynamic and clickable marketing report allows users to funnel down to the specific lead source and practice area.
  • Through a workflow component, Captorra allows you to schedule your day through features such as scheduling follow-ups and automated email follow-ups that will automatically pull information from the intake database.
  • Captorra supplies pre-made and custom intake forms. Smaller firms may want to use pre-made forms for the most used practice areas to skip customization. More specific intake processes will require that the additional questions be added. Already, Captorra has compiled 300 pre-made questions after one-and-a-half years on the market.
  • The software drives the process of questioning by bringing up relevant questions based on previous answers. For example, if your staff is performing intake for a slip-and-fall case and when asked “Was there a sign?” the client answers “No”, the software may bring up questions about the shoes the client was wearing and other relevant questions.

Captorra Intake

  • Captorra also provides an investigator management and referral (inbound and outbound) tracking system.
  • Captorra will integrate with your firm’s current Case Management System.
  • On a personal note, we found Captorra’s customer service exceptional and very prompt!

Captorra and Avvo Ignite were both designed specifically to address the question of what happens after a wave of prospective clients is delivered to the lawyer – both in terms of the automatic intake process and tracking vital analytical information for your marketing reports.

Microsoft Dynamics xRM4Legal

xRM4Legal
Ideal for a larger firm.
Ideal for firms practicing any area of law, especially firms representing businesses.
Cloud-hosted service is $678 per month for 10 users.
Firm-wide service is a one-time cost of $43,900 for up to 100 users.

Features:

  • Backed by Microsoft Corporation, this CRM was created exclusively with law firms in mind.
  • This software comes with the ability to install Microsoft Dynamics CRM 2013 for Outlook. CRM for Outlook enables access to your CRM data through Microsoft Outlook. There is also an Apple app available to use the CRM on your Mac products.
  • All customer information is stored on one screen; this CRM does not require users to flip between screens, but rather to tap various fields on one entry screen for complete details.

Microsoft Dynamics, CRM

  • Use organization records to keep track of commercial clients.
  • The records are especially detailed, allowing you to chart details down to office visits.
  • A click- or tap-to-connect feature easily allows you to email, make an appointment, or set a tactic (action item) with your clients.
  • Methodically chart a contact’s progress as your relationship with them grows through the business development pipeline. The pipeline indicates which opportunities the firm has in various stages: qualify, develop, propose, and close.

Microsoft dynamic CRM

  • Navigate the system “by role”, which separates the CRM into various divisions – sales, service, marketing, and so on – allowing each member of your firm to access information relevant to their needs.
  • Easily return to the project you were last working on from the top navigation board.
  • This CRM charts which user entered the last information, providing record-keeping checks.
  • List view of current cases, displaying the work performed by each attorney in your practice. This cases list is helpfully broken down in various ways: cases by origin, case by partner, law type and client, and resolved case satisfaction.
  • xRM4Legal also provides a thorough software demonstration that we found to be very helpful. The demo allows users to explore all of the software’s functionality.

Marketing For Attorneys; The Right Way To Do It

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When it comes to marketing, if an attorney does it at all, they’re usually doing it wrong. Most attorneys focus on getting the clients who are ready to sign a contract. Of course, it’s a logical practice. Why would you want to talk to people who don’t currently need a lawyer? It sounds like a waste of time, but it’s actually one of the best uses of your time.

Let me explain; When someone already knows they want a lawyer, they’re already sorting through all of the lawyers in the area. You’re just another face in the crowd and it’s easy to get lost in a sea of promises.

“We want to help you.”
“Money for your pain.”
“You don’t pay us until they pay you.”

Even if you’re more qualified for the job, you know and I know that doesn’t ever guarantee that you will get the case. What you need to do is make an effort to stand out. How do you stand out? By doing something different.

Marketing to the people who are in phase one of the process (someone who has just gotten into an accident or someone who is simply considering filing for bankruptcy) will give you an advantage.

As an example, think of when you’re awake late at night and you’re not really hungry but then a commercial for a local restaurant comes on and suddenly, you’re craving their special.

If you talk to people before they even know they need a lawyer, you’re at the front of their minds when they come to the decision that they do need one.

There are many simple ways to make sure those people know your name before anyone elses and one of those ways is to produce videos.
A lot of attorneys won’t put forth the effort that it takes to make this kind of marketing strategy work. If you really think about it, that’s a great thing.

If you are willing to put in the effort, you are one of the very few who has this specific marketing technique and – when done correctly – it can bring in high volumes of potential cases.

Article by:

Ben Glass

Of:

Great Legal Marketing, Inc.

Let the Light of Day Shine Re: SEC (Securities and Exchange Commission) Insider Trading Case

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We want to spend a moment talking about an old subject—the Securities and Exchange Commission’s insider trading case against Mark Cuban—and Cuban’s new business venture that has resulted from that case. The case, the SEC’s handling of the matter, and Cuban’s reactions (then and now) say a lot about how “the G” does business and may even be revelatory in the future.

As you recall, the SEC charged Cuban with insider trading in 2008. The case was originally dismissed by the trial court. The Fifth Circuit Court of Appeals reinstated the case, concluding that the inquiry into whether Cuban had, in fact, traded on the basis of material, non-public information was simply too fact-intensive for the trial court to have decided without a full factual inquiry.

This, of course, is the problem with fraud-based government enforcement: the question of a person’s intent is difficult to determine without an expensive factual inquiry—and the costs of such an inquiry (combined with the potential consequences) are so high that many people settle with the G rather than seek to exonerate themselves. Historically, the SEC “extorted” settlements (not our view, necessarily, see Al’s Emporium Commentary in the Wall Street Journal Online Edition as of October 19, 2010) in reliance on this heavy burden. At the heart of the SEC’s effort was the “no admit or deny” settlement.

In these settlements, the SEC would recite each allegation of wrongdoing against a defendant as well as the terms under which the defendant had settled the charges. The defendant would neither admit nor deny the SEC’s allegations. Since Mary Jo White took over at the helm of the SEC in April 2013, she purportedly has set a new course, requiring that defendants must admit wrongdoing in more and more settlements—whether or not that changes the seemingly extortive nature of these cases remains to be seen.

But Cuban, with his seemingly unlimited resources and non-retiring personality, would not be extorted. He fought back, all the way through trial, and won. Ultimately, a jury of Cuban’s peers concluded (among other things) that the SEC had not proven that Cuban received confidential information, that he traded on such information, or that he had acted knowingly or recklessly (with “fraudulent intent”) when trading. (See the Associated Press’ “Big Story” on October 16, 2013, which has a digital recreation of the jury verdict form).

When he walked out of the courtroom, Cuban went ballistic on the SEC. See his comments on YouTube – his specific comments about the SEC are found beginning about the 50th second of the clip.

“When you put someone on the stand and accuse them of being a liar, it is personal,” he said, criticizing specific members of the SEC’s staff and, generally, the SEC’s enforcement practices. Since then, Cuban has reinforced his criticism, stating: “There’s such a revolving door, and [the SEC] was run by attorneys with an attorney’s mind-set looking for their next job. It’s a résumé builder,” [Cuban] said. “No wonder they say or do whatever they damn well please. I’m like, ‘OK, I’m going to start calling them out by name.” (WSJ’s Law Blog)

Cuban isn’t stopping with these castigatory remarks. He is putting his money where his mouth is. Cuban’s latest business venture is to publicize SEC trial transcripts (which are not generally publicly available). Cuban hopes that, by publicizing trial tactics and tactics he believes are problematic, he will change the way this agency of the G does business.

Article by:

Vincent P. (Trace) Schmeltz III

Of:

Barnes & Thornburg LLP