Tag: Law Offce Management

Law Firms Guarantee your ROI When Hiring an Interpreter

The National Law Review’s Business of Law Guest Blogger is Maria Cristina de la Vega who provides some great insight for legal professionals  on what to look for when hiring an interpreter. 

Interpreting/translating is a relatively young industry in the U.S. and it is currently unregulated.  Interpreters are not legally required to have an accreditation unless they are hired directly by the court system and are being paid with taxpayer dollars. Because it is relatively easy for a bilingual individual to hang out his shingle, the consumer, especially attorneys, need to know what to look for in a language professional to ensure that interpreted testimony faithfully follows the source language. Most cases rely heavily on testimony to decipher the facts at issue and to form an understanding of a witness’s credibility and motivation.  A misinterpretation or a nuance that is not conveyed properly can impact the outcome of a case.  To avoid this from happening, ask your language provider for his/her credentials.

Whereas an interpreter is bilingual, a bilingual individual is not necessarily an interpreter.  It is one thing to speak two or more languages, but quite another to be able to professionally interpret from and into those languages.  This fact may not be apparent in casual conversation and may not become evident unless the attorneys and/or parties involved speak both languages, know the specific terms used in the case and are able to recognize them.  In some situations, those listening may not speak one of the languages well enough to judge the quality of the interpretation.  Attorneys and clients in general are not set up to screen language providers to verify their proficiency, nor should they have to.  The best way to do this is to retain the services of an established agency or Language Services Provider (LSP).  The best ones to partner with are those that have experience in the industry, that source their interpreters from existing professionals and from reputable university-level language programs, that require accreditation from the interpreters they employ even if it is not yet mandatory, and that regularly strive to develop their personnel through continuing education.    These firms make sure that the interpreters they send you have the training and credentials to carry out your assignments at a specialized level. Available 24 hours a day 7 days a week to schedule interpreters for you anywhere in the U.S. as well as abroad, they can also provide you with written translations as well as certified linguists to render expert witness testimony on language issues.

What credentials should an interpreter have?

When an attorney needs an interpreter for a legal proceeding, he should first verify whether the interpreter holds an accredited certification, assuming there is one for the needed language combination. In the United States, there are several certification programs. The most common is the standardized interpreting examination offered by the Consortium for Language Access in the Courts at the National Center for State Courts.  There is also the Federal Court Interpreter Certification Exam which is currently being offered only in Spanish.  The National Association of Judiciary Interpreters and Translators (NAJIT) offers another certification, as does the State Department.

If the candidate in question has the required proficiency as indicated by a recognized certification, some of the main skills he should possess and which are acquired from experience are: sight translation, a trained memory supported by note-taking skills to render testimony faithfully, a knowledge of specialized terminology, colloquialisms and slang in order to interpret in the correct register, and how to control the speed at which the attorney and the witnesses speak, if necessary, in order to have the opportunity to accurately interpret everything that is being said. It is difficult to interrupt witnesses giving testimony laden with emotions so it is critically important to have a professional interpreter that can render long statements, doing the interpretation.

Another useful indicator of the interpreter’s professionalism is membership in an industry association such as NAJIT or ATA  (American Translators Association) that have Codes of Ethics governing the profession that members must adhere to.  In addition, these organizations keep members abreast of developments in the field.

How to work with an interpreter

It is equally important for attorneys to know how to work properly with an interpreter. Unfortunately, interpreters are sometimes considered a necessary evil that must be borne and many attorneys subscribe to the myth that, because you are an “interpreter,” you are a walking dictionary who is able to communicate any terminology, notwithstanding the level of complexity, into another language.  Interpreters regularly work in diverse settings for widely differing industries and yet we are not specialists in these industries to the degree that our clients are. Hence, it is important when dealing with complex and/or technically challenging cases, that the interpreter be given an opportunity and sufficient time to acquaint himself, at a minimum, with the pleadings in the case and with any pertinent documents or prior testimony that will be discussed at the proceeding for which he is being scheduled. This is so that we may prepare a bilingual glossary of specialized terms to study, which will result in a more polished, professional interpretation.  In addition to our responsibility as officers of the court not to discuss the cases we work on, we also stand ready to sign confidentiality agreements to assuage any fears regarding sharing of information. To avoid unforeseen difficulties, the scheduling coordinators of established LSPs regularly ask how long proceedings are expected to take and what sort of testimony will be presented to ascertain who the best interpreter is for the assignment, based on experience, and whether he will have to study, for example, dedicated medical terminology or engineering language, among many possible specialties. Whenever possible, book services well ahead of time as good interpreters are in high demand. Check the reputation of the LSP in language-dedicated sites such as Proz.com or ask your colleagues in the legal community about their dealings with the firm being considered.

Guidelines to Working with an Interpreter

  • Ascertain the interpreter’s credentials
  • When relevant, give the interpreter case documents to prepare
  • Verify whether team interpreting is required
  • Address witnesses with direct speech as if the interpreter were not present.

Other useful tips to keep in mind are to use direct speech when using the services of an interpreter.  Address the witness in the first person, as if there were no interpreter present, to safeguard the integrity of the transcript.  Avoid using proverbs i.e. “Where there’s smoke there’s fire” because although it may translate, there may be no direct translation, or worse yet, there may be another cultural equivalent to the sense behind the saying and the witness could end up giving an answer that is framed in very different terms from what you asked.  Furthermore, you would be adding unnecessary stress to the interpreter’s job by asking him to do mental gymnastics  in a matter of seconds to come up with a viable interpretation of an artistic/literary term  When working with consecutive interpretation (speech followed by a pause to allow for interpretation), attorneys and witnesses should pause when a complete thought or phrase has been rendered.  The speech should not be so short that the sense is unintelligible nor so long that the interpreter cannot possibly remember it to give an accurate interpretation.  An experienced interpreter will quickly establish the required rhythm among the parties involved in the taking of testimony so that the process will be smooth.  It is important that only one person speak at a time for the same reason that a court reporter requires it, so that both the full question as well as all testimony is interpreted and taken down.

The length of time involved in an interpreted proceeding brings up another key point that is often overlooked, which is interpreter fatigue.  According to a NAJIT position paper on the topic,http://www.najit.org/documents/Team_Interpreting.pdf,team interpreting “should be used for lengthy proceedings as a quality control mechanism to preserve the accuracy of the interpretation.”  The way this works is that two interpreters substitute one another approximately every half hour.  It has been found in scientific studies, among which is one at the University of Geneva in 1998, that after a certain amount of time working, an interpreter reaches a saturation point as mental circuits become overloaded and this condition leads to errors.[1]

If the interpreter is going to be interpreting a proceeding simultaneously to the witnesses rather than interpreting from the witness stand, it is important that the interpreter be located in a position to properly hear and have visual contact with the parties speaking.  Sound equipment (earphones, a microphone and a transmitter) should preferably be used to interpret the event, transmitting to receivers worn by the parties requiring the interpretation. That way, the interpreter can avoid the additional stress, inconvenience and disruption caused by having to stand close to one or more individuals to whisper an interpretation of what is going on. Many courts have this equipment installed in their courtrooms; otherwise, the LSP can be asked to have the interpreter bring a portable system.  LSPs always have units available for their interpreters to use.

If the language at issue is not one for which there are interpreters readily available in your area or there are many dialects of the language, it is advisable that the interpreter selected speak with the witness in advance to ensure that they can understand one another well.  Lastly, explain to the witnesses the role of the interpreter.  That the interpreter is a neutral party and an officer of the court.  That witnesses cannot have private conversations with him while they are testifying, That they should expect that the interpreter will render everything said to him on the stand into the language of the Court (English) but in turn, the interpreter will keep any information gained in the course of his work outside of court, confidential. Parties/witnesses should also know that the interpreter is bound to report any ethical breaches to the appropriate authorities.

Awareness and adherence to these simple guidelines will go a long way towards making sure that you have a positive, productive experience every time you retain the services of an LSP. NAJIT has formed a working group entitled the Bench and Bar Committee to disseminate this information among the judiciary and practicing attorneys. Our objective as interpreters is to be an asset to attorneys in assisting you to present testimony in a seamless, professional manner that you can depend on.

[1] Moser-Mercer, B., Kunzli, B., and Korac, M., 1998  “Prolonged turns in interpreting: Effects on quality, physiological and psychological stress.” University of Geneva, École de Traduction et d’ Interprétation. Interpreting,Vol. 3 (1), p. 47-64. John Benjamin Publishing Co.

 

© 2010 ProTranslating, Inc. All Rights Reserved.

About the Author:

Maria Cristina de la Vega holds an M.B.A. and has more than 35 years of experience in court interpreting.  She is a federally certified Spanish interpreter and is also certified by the State of Florida in that capacity. She is a regular contributor to publications that deal with language issues and she is a member of the Bench & Bar Committee of the National Association of Judiciary Interpreters and Translators (NAJIT).  Ms. De la Vega  has done work for prominent law firms including Greenberg Traurig and Holland and Knight.  ProTranslating provides interpreting, translation services and linguistic solutions to individuals, law firms, and corporations worldwide. It offers a team of more than 100 qualified in-house linguists and a worldwide network of another 3,000 freelancers working in more than 100 languages. 888-532-7887 /www.protranslating.com

Are You Ready For the Cloud?

Meredith L. Williams of Baker Donelson is the National Law Review’s Business of Law Featured blogger.  Meredith discusses the pros and cons of cloud computing for law office operations. 

Introduction

Is cloud computing a shift or is it the next natural step in strategic business development?  Is the cloud  the right answer for your law firm or company?  Is the cloud the right answer for all applications and infrastructure or is it just a piece of the puzzle?  These are a just few of the many questions law firms and companies are asking themselves as they consider a move to the cloud.  There are many reasons why cloud computing is a very seductive solution to the cost cutting environment we find ourselves dealing with today.  However, there are many issues, legal and organizational, that must be considered to determine the validity of the cloud for each environment.

The “cloud” means different things to different people.  For most of us, we have been using cloud computing technology for years without defining the term.  Example cloud environments are extranets, legal research websites, online file storage and much more.  By definition, the cloud is a metaphor  referring to internet based computing in which applications, data, software or network functions are stored on remote servers.  There are presently three types of cloud environments:

  1. Infrastructure as a service or hardware cloud which serves as a data center,
  2. Software as a service or the software cloud, and
  3. Desktop applications operated within a hardware cloud.

Although we have been using the cloud in the past, the difference at this time is the potential of using the cloud for core business applications.

Why the Cloud?

For strategic business leaders, the cloud offers a way to minimize cost, increase mobility, prepare for disaster recovery, offer device flexibility, collaborate on demand and reduce downtime. Let us take a look at the different sections of a law firm and see how the cloud can affect the overall business functions.

In the information management world collaboration is key.  The more a firm can offer needed collaboration tools with a client, the more the client becomes entrenched in that firm culture.  The cloud provides law firms with a unique opportunity to offer clients a collaborative environment in an on-demand system.  The client can truly be connected with the law firm from anywhere with any device in the world.

Fewer applications or errors and easier upgrades are phrases application and support specialists love to hear.  The cloud environment can make them a reality.  The cloud offers software functionality to users regardless of locality or device.  Therefore, fewer setups, downloads and support hours are spent dealing with application changes and upgrades.  This new environment aids a law firm in flexibility allowing the firm to change applications as rapidly as the needs of the users change.

The main concern of most in the applications world is support.  How do current structured IT staffs support an environment when the applications are not local?  What will be the skill set of an applications and desktop support staff individual with applications in the cloud? These are areas IT departments must address before making the move to the cloud.

The cloud offers business and cost savings in a very unique way.  The upfront costs of moving to the cloud are large.  However, over time the cost savings from increased efficiency and reduced hardware, software, support and downtime help to offset the upfront costs.  The biggest hurdle for cloud computing may not be cost but instead data security.  It is easy to argue that a law firm or company can protect its data when it lives in a server room on site with a locked door but how do IT departments protect their data when it sits thousands of miles away on servers not owned by the company?  Law firms will need to determine if this is a deal breaker or is this an area of contract negotiation with the cloud provider.

What are the contractual issues?

Now that we see the potential of cost savings, flexibility, mobility and more,  we will address the contractual issues and concerns each law firm will need to consider.  The first step in any contractual negotiation is due diligence of both parties.  Law firms must evaluate news, law suits, current events, financial stability, customer references, provider longevity and any other possible information that could affect the contractual obligation fulfillment.  Only then can the contract negations begin.

The largest areas of concern in the cloud are data security and privacy. A demonstration of these concerns is seen in the 2009 complaint filed with the Federal Trade Commission (FTC) by the Electronic Privacy Information Center (EPIC) regarding cloud services of Google.  In the complaint, EPIC alleges Google did not adequately safeguard the confidential information obtained from clients.  This complaint raises serious questions for the vendor to address and draft into the contract.  Questions to ask include where the data is stored, what are the physical security measures to protect the data, is a shared resource used in storage, what is the security during transmission, what are the disaster recovery measures and what are security incident response times. In addition, questions around data migration and transition should be addressed.

Another issue to consider is legal compliance.  Highly regulated industries such as health care facilities falling under HIPAA must think twice about moving information to the cloud.  Vendors are expected to maintain the data at the same standard required of the company.  This can become a contractual deal breaker if the vendor will not agree to the higher standards.   The regulated industries affect law firms that maintain work product and client information for clients working in these regulated industries.  Law firms must now consider the standards guaranteed to their clients when moving to the cloud and verify the vendor will agree to that level of maintenance.

A point that is only just beginning to emerge in the cloud discussion is the level of control and ownership of the servers and data existing on the servers.  Questions to consider are data termination and vendor claims and rights to the data.  The control influences discovery, liability and litigation hold processes.  Negotiation can help prevent future claims of spoliation.

Performance, reliability and service features shape the day to day experience of users in the cloud.  Therefore, inquiring about disaster recovery set up, scalability of applications, process for upgrades and feature releases, suspension of services, offline capabilities, base subscription services and add-on services of applications can affect the contract obligations of the vendor, expectations of the client and most importantly cost of the contract.

Global performance and legal compliance of data across international borders are concerns for many large law firms.  Is the vendor only offering a cloud solution that is U.S. based?  This is a discussion point for the contract and can possibly be a deal breaker when adhering to EU standards of compliance.

All of the above contract negotiation points lead to the largest decision, cost.  What is included in the cost of the cloud services?  What is not included?  And the final and most important question to ask, whether the move to the cloud is a benefit if the law firm already owns the software licenses and hardware to maintain the status quo.

What will the courts be deciding?

The courts are well aware of the cloud computing movement.  In Oregon v. Bellar, 217 P. 3d 1094 (Or. App. 2009), the court took note that 69% of U.S. residents that are online utilize at least one cloud site. Due to the unique custodial issues involved with cloud computing, the cloud can present challenges to e-discovery and jurisdictional questions. Decisions concerning these issues are just starting to appear but with conflicting rulings.  The question of what the courts will decided has yet to be seen.

What will the future bring?

As we stated earlier, many of us have been using the cloud for years without calling it the cloud.  The difference surrounds the movement of core business functions such as email and document management to the cloud.  In the past, these features have been kept at a local level.  But as you see above, this is changing.  As more and more cloud providers make their way to the forefront, this movement will only increase.  The question is whether the cloud is the right solution for your law firm?

©2010 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. All Rights Reserved.

About the Author:

Meredith L. Williams is Baker Donelson’s Director of Knowledge Management.  Although trained as a lawyer, she is not actively engaged in the practice of law.  Instead, she oversees BakerNet, the Firm’s industry-leading intranet, and coordinates strategic growth on behalf of the Firm in knowledge management, competitive intelligence and technology.  Ms. Williams is widely recognized as a leading authority in knowledge management issues for the legal field, and is a frequent presenter and author on knowledge management and competitive intelligence. 901-577-2353 / www.BakerDonelson.com

 

 

Law Firms' Diversity Progress Stalls in Recession

The National Law Review’s Business of Law guest blogger this week is Vera Djordjevich of Vault Inc. Vera describes the findings of a recent Vault / MCCA Minority Corporate Counsel Association  survey which show  how law firm’s efforts to diversify have slowed down dramatically during these challenging economic times.  Read On:      

Law firms had been making steady, if slow, progress in diversifying their ranks.  Recent data collected by Vault and the Minority Corporate Counsel Association (MCCA), however, suggests that some of the profession’s advances have come to a virtual standstill.

This spring, as part of the annual Law Firm Diversity Survey, more than 260 law firms, including many of the largest and most prestigious law firms in the country, completed a detailed questionnaire on their diversity initiatives, programs and demographics. The results have been released in the Law Firm Diversity Database.

The data reveals how the economic crisis has affected law firm hiring, promotion and retention as a whole, and particularly highlights its impact on attorneys of color. While everyone felt the recession, the survey data suggests that minorities were, as many have feared, disproportionately affected.

Among the survey’s major findings:

Law firm hiring declined across the board

While it’s clear that law firm jobs are far scarcer now than they were two or three years ago, the data shows just how dramatic the change has been. For example, the size of the 2L summer associate class dropped by some 20 percent since 2008. In addition, far fewer of those summer associates were offered permanent positions than in the past: whereas nearly 93 percent of 2Ls were offered jobs in 2007 and 87.83 percent received offers in 2008, just 72.85 percent of 2Ls received permanent offers in 2009. Law firms also cut back drastically on the recruitment of experienced attorneys, with lateral hiring falling by more than 40 percent from 2008 levels.

Minority recruitment fell

Law firms have been primarily relying on increased minority recruitment to diversify their populations. What’s particularly troubling about the latest survey data is that not only did the overall number of attorneys hired drop in 2009, but also the percentage of those attorneys representing racial/ethnic minorities fell.

In fact, recruitment of minority lawyers declined at all levels — from law students to lateral attorneys. Of all lawyers hired in 2009 (including starting associates as well as laterals), less than 20 percent (19.09 percent) were minorities; a considerable drop from 2008 (21.77 percent) and 2007 (21.46 percent). And the 2009 2L summer class had the lowest percentage of minority students of the last three years: 25.19 percent (compared to 25.66 percent in 2008 and 25.91 percent in 2007).

Looking at specific racial groups, the most notable decline in hiring was among African-American students. In 2007, 7.32 percent of 2L summer associates were African-American; in 2009, that percentage fell to 6.42 percent. The percentage of Asian American 2Ls also declined, from 12.83 percent in 2007 to 11.74 percent in 2009. Meanwhile, the number of Hispanic students and multiracial students (those who identify with two or more races) inched upward a few tenths of a percent.

Minority lawyers continue to leave in high numbers

Meanwhile, as the number of minority lawyers entering firms has decreased, the number of minority lawyers leaving firms has increased. This is especially striking with respect to minority women. At every level of associate, the percentage of minority women who left their firms (voluntarily or through layoffs) has increased by at least two percentage points since 2007. For example, of third-year associates who left in 2009, 16.64 percent were minority women (compared to 13.98 percent in 2008 and 14.36 percent in 2007). In 2007, 12.83 percent of fourth-year associates who left their firms were minority women; by 2009, that number had climbed to 15.46 percent.

Overall, minority men and women represent 20.79 percent of attorneys who left their firms in 2009 — even though they represent just 13.44 percent of the overall attorney population at these same firms. Moreover, for the first time in three years, the percentage of minority attorneys hired was lower than the percentage of minority attorneys who left. In other words, firms are losing their minority attorneys faster than they can replace them.

Retention becomes more critical as recruitment drops

Given the likelihood that law firm recruiting will not return to pre-recession levels any time soon, there’s a danger that even a one-time drop in minority recruitment could have a long-term impact on overall law firm populations. In order to fend off this risk, firms will need to put greater effort into retention and professional development. Retention has long been a problem among large law firms, but the new economic reality makes progress in this area critical. More effective mentoring and mentoring, better monitoring of attorneys’ progress, overcoming unconscious biases, and ensuring that all have equal access to significant opportunities will help law firms build, and maintain, a talented and diverse workforce.

© 2010 Vault.com Inc.

About the Author:

Vera Djordjevich is senior law editor at Vault.com, where one of her areas of focus is diversity in the legal profession. She oversees the research and publication of information about law firm diversity initiatives and metrics for the Vault/MCCA Law Firm Diversity Database. She also edits Vault.com’s content related to law practice in the UK and co-authors Vault’s law blog, which provides career news, advice and intelligence to the legal community. Prior to joining Vault, Ms. Djordjevich was an editor at American Lawyer Media and practiced law in a small litigation firm in New York. She has a law degree from New York University School of Law and a bachelor’s degree from Stanford University.  www.vault.com / 212-366-4212

Legal Risks Facing New Media Publishers

A new post from the National Law Review’s featured guest bloggers Neil M. Rosenbaum and Seth A. Stern of Funkhouser Vegosen Liebman & Dunn Ltd details some of the legal pits falls of social media platforms.  Read On:

The rise of online media means that many businesses are doubling as publishers, with all the attendant benefits and risks.  Every day, courts and lawmakers face the challenge of applying legal principles conceived in the era of periodic publications featuring bylines and mastheads to the unlimited, instantaneous, and often anonymous content communicated via the Internet.

Below are brief synopses of some of the issues facing online publishers that courts have discussed in recent months.

Anonymous Defamation

Federal law generally precludes defamation liability for websites based on third-party content.  This, however, does not mean that third-party content cannot land a webmaster in court.  Plaintiffs often issue subpoenas to websites for identifying information regarding anonymous commenters.  While companies may be reluctant to spend their money protecting someone else’s First Amendment right to speak anonymously, website operators — particularly those that have promised to protect users’ privacy — may face liability for turning over identifying information.

Businesses that have themselves been anonymously defamed and seek to identify the defamer must jump through a number of procedural hurdles designed to protect the commenter’s constitutional right to speak anonymously.  Some courts have suggested that these hurdles may be easier to clear when the anonymous defamer acted for commercial purposes.

Jurisdiction

Internet postings can be accessed anywhere and courts have suggested that Internet posters can therefore be sued anywhere.  A federal appellate court sitting in Chicago recently rejected the Arizona domain registrar GoDaddy’s argument that, absent specific intent to direct its Internet activities toward Illinois, Illinois courts should not hear a cybersquatting suit against it.

Additionally, at least three recent appellate courts have held that online defamers can be sued in states other than the one from which the content was published.  This means that companies with online presences must be prepared to defend themselves in jurisdictions that may apply varying legal standards.  Savvy plaintiffs are sure to choose the jurisdiction most favorable to them.

Privacy and Confidentiality

Many social media users assume that by setting posts to “private” they control their audience.  This is not always the case.  A New York court recently held that “private” Facebook and MySpace posts are discoverable during litigation and that there is “no legitimate reasonable expectation of privacy” in such posts.  Additionally, the United States Supreme Court decided this year that an officer’s privacy rights were not violated when the police department searched his text messages while auditing the department’s texting plan.  But some courts have found privacy violations where employers used false pretenses to access employees’ “private” content.

In another recent case a federal court decided that a company’s client list could not be protected as a trade secret because the same information could easily be found on sites such as LinkedIn.

Intellectual Property

While website operators can limit their copyright liability for third-party content by following statutory procedures, websites’ own content is fair game.  Online publishers, particularly bloggers, often quote and expand on content created by others.  While some perceive this as an opportunity to reach new audiences, others denounce the practice as free-riding.  Some media outlets have sold their copyrights to companies that have filed hundreds of suits against alleged online infringers.  Others have threatened to sue bloggers formisappropriation of “hot news.”

Courts have suggested that those who misuse an entity or individual’s name to bring attention to online gripes, for instance by impersonating their target, may be liable under trademark statutes, particularly when acting with a profit motive.  California has banned “e-personation” outright.

Harassment

A federal court dismissed an employee’s suit alleging that her employer subjected her to a “hostile work environment” by failing to act after coworkers posted inappropriate comments regarding her race on a personal Facebook page.  The court left open the question of whether a company can be liable for improper comments on a company-monitored social media site.

Excerpted from FVLD’s blog, http://www.postorperish.com, which regularly discusses these and other issues facing online publishers.

© Copyright 1999-2010, Funkhouser Vegosen Liebman & Dunn Ltd. All rights reserved.

Law Firms Should Syndicate Social Media for Maximum Results

From the National Law Review’s  Business of Law Featured blogger Margaret Grisdela of Legal Expert Connections  provides some nice specific things to do for attorneys getting started in social media: 

Attorneys who want to make time for social media among the competing demands of court deadlines, client meetings, and practice management can increase their online visibility with a few simple publishing techniques.

This article shows you how to create and implement a social media syndication plan that will increase your law firm’s Internet marketing visibility. Learn how you can develop and leverage your firm’s customized content to populate a broad range of social media outlets.

Common social media applications for lawyers include LinkedIn, Facebook, Twitter, and blogs. Broadly speaking, social media refers to any type of Internet and mobile-based tool for online networking, collaboration, and information sharing among web-based communities.

Getting Started With Social Media

Launching a social media campaign is actually quite simple. Signing up for LinkedIn, Twitter, and even a blog can be done in a few minutes. Momentum may quickly wane, however, when a busy attorney faces the on-going challenge of creating fresh content.

Start strategically by creating a 6-12 month editorial calendar. Let’s say you have an intellectual property law firm, encompassing several types of services. Pick one topic for each month.

Topics for three months of a calendar quarter could be: 1) copyright law; 2) patent protection; and 3) trademarks. Next, break each monthly topic down into four weekly supporting articles. For example, copyright law topics could be: a) fair use guidelines; b) protecting a copyright; c) international copyright issues; and d) negotiating licensing agreements.

Now that you have your calendar, you can start to write your articles in advance. Of course, the schedule can be interrupted or supplemented as needed to reflect breaking news.  Each blog post should be at least 250-300 words, including strategic use of keywords to attract visitors through search engine marketing. Writing for the web actually means writing for both Google and your actual site visitors.

Leverage your Social Media News Feed

Select one primary point of publication for your social media news feed. A blog works well for this purpose through the use of the “RSS” feed.  RSS is an acronym for “really simple syndication,” which means that your blog acts as a real-time news feed that can be used to distribute your content to other social media applications. Interested readers can also automatically subscribe to your blog using the RSS feed.

As a starting base, make sure all your social media accounts are properly set up and populated with a description of your law firm.

Plan to publish one main article from your editorial calendar to your blog at least once a week (more is better). It is fairly easy to use free services like HootSuite orNetVibes to then automatically transmit your blog posts to your Twitter, Facebook, and LinkedIn accounts. Alternatively, many social media services make it easy for you to automatically import blog posts by simply specifying the RSS feed within your profile.

You can easily extend your reach to multiple social media outlets without the need for additional time or effort when you leverage your original blog articles using these techniques.

Appoint a Social Media Manager

An essential ingredient in social media success is to put someone in charge of your campaign. Lawyers should be practicing law, so even the best laid plans for an attorney to manage a blog or other Internet marketing campaign will quickly fall to the wayside in the face of court and client demands. Look for a seasoned legal marketer with Internet marketing skills who understands the importance of complying with attorney advertising and other ethical guidelines to help manage your social media campaigns.

Business development through thought leadership marketing is a leading reason many attorneys are attracted to a blog and other social media services. The right legal marketing partner will understand strategic planning issues, the importance of keyword placement in blog posts, and the type of audience you wish to reach. They may even help you draft preliminary blog posts for your editing and publication.

Monitor Social Media Feedback

Social media is interactive, meaning that prospects and followers will comment on your posts and otherwise interact with your material. Prompt responses will make a favorable impression on your audience.  In addition to publishing fresh content regularly, you will want to watch for direct comments, republication (like “retweets”), and independent commentary. 

© Legal Expert Connections, Inc.

About the Author:

Margaret Grisdela is President of Legal Expert Connections, a national legal marketing agency serving law firms and litigation experts in the U.S. and internationally. She is the author of the legal marketing book “Courting Your Clients,” which presents a proprietary methodology for business development. An accompanying guide, the “Courting Your Clients Legal Marketing Playbook,” will be available to clients in November. Ms. Grisdela brings over 30 years of experience in marketing, publishing, and information technology to each engagement. She helps clients launch or expand successful practices in the legal field through integrated marketing programs including article placement, speaking, search engine optimized websites, publicity, and direct mail. A leader in professional organizations, she served as 2008 Co-Chair of the Legal Marketing Association South Florida City Group, and 2005 President of the Florida Direct Marketing Association. She holds a B.A. from Wayne State University and an MBA in Finance from The George Washington University. www.legalexpertconnections.com / 561-266-1030

Fast Track Mastership of Legal Social Media- One Day Seminar / Webinar Oct. 21st Washington DC

The National Law Review would like to make you aware of a one day seminar / webinar presented by MyLegal.com designed to help lawyers gain a fast track mastership of legal social media. 

“I don’t think it’s too late to embrace social networking, it just rather disappoints me that other professions use these technologies, and lawyers for some reason are always rather late to the party. I have little doubt that within five years, social media, social networking systems, will play a central role in the daily lives of lawyers.”  Richard Susskind, September 2010.

The conference will be held on Thursday, October 21, 2010, at the Georgetown University Hotel and Conference Center in Washington, D.C. The conference will sell out at 300 on-site participants, so we will be introducing to the legal community a new technology called SMASH.  This technology aggregates the video stream of the sessions, along with the tweets, blogs and photos related to the conference, in one convenient landing page, allowing off-site attendees to experience the conference in a unique and interactive way.

By following the conference Twitter conversation directly from the SMASH page, off-site attendees can join in the live conversation while simultaneously seeing the speaker and checking out the live conference photos.  These are interactions and connections that might not otherwise have been made. 

After the conference, registered users will have access to the video of the sessions, along with the speaker presentations.  The sessions will also be available via iTunes, allowing registered users to listen and learn while on the way to work, running errands or housework (ugh)!  Multi-tasking is King!  After listening to the sessions, users can continue the conversation and commentary online.

Conference speakers / topics scheduled to be included are:

Matthew Asbell, Esq., Certified Legal Social Media Strategist will speak on the use and protection of trademarks in social media marketing.

Nicole Black, Esq., founder of lawtechTalk.com and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.

Larry Bodine, Esq., legal marketing expert and author of the Lawmarketing Blog will speak on business development with LinkedIn.

Steve Crandall, J.D., expert in digital media and business applications of social networks will speak on social media and the law.

Adrian Dayton, Esq., author of “Social Media for Lawyers: Twitter Edition” and the “Legal Marketing: Social Media Edition” blog will speak on starting to bringing in business with social media

Carolyn Elefant, Esq., creator of MyShingle.com, the longest running blog on solo and small firm practice, and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.

Sharon Nelson, Esq., author of the electronic evidence blog “Ride the Lightning” and co-host of the ABA podcast series “The Digital Edge:  Lawyers and Technology” will speak on on social media: ethical, compliance, E-discovery and liability implications.

Conrad Saam, runs marketing for Avvo, where he oversees the firm’s SEM, SEO, social media, online marketing, email and web analytics initiatives will speak on getting the most out of Avvo.

John Simek, co-author of “The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines” and “Information Security for Lawyers and Law Firms” will speak on on social media: ethical, compliance, E-discovery and liability implications.

For more information, conference schedules and registration forms, please visit:  http://mylegalmedia.com or call 253-405-7910.

Powerful Prospecting Starts with a Plan

The Business of Law Featured Guest Blogger this week at the National Law Review is Margaret Grisdela of Legal Expert Connections.  Margaret provides some great, concrete ‘things to do’  for effective legal business development.  Read On:  

Social media is all the rage these days, and it is indeed an effective way to maintain high visibility in the legal marketplace. Social media is only one piece in the business development puzzle, however.

Rainmaking success works best with an integrated marketing plan. There are many communications channels available to build your prospect list, and finding the mix for your law practice will reward you with new business opportunities.

Here are the top seven proven lead generation techniques for legal marketing:

1.  Speak.

Addressing an audience of prospective clients is one of the best possible ways to demonstrate your legal knowledge. While most of your preparation will focus on the presentation itself, lead generation is accelerated when you make the time to promote the event in advance and then quickly follow up on all your leads after the event. Make a point to get a list of all audience members, even if you have to give something away in exchange for a business card.

2.  Publish.

Getting your name in print as an author essentially provides an independent third party endorsement of your legal expertise. A well written article in a highly regarded legal or trade publication will contribute to your business development efforts for years to come.

3.  Prioritize your referral network.

Most attorneys maintain an informal list of referral sources. Take this a step further by writing down your best 5-10 referral sources, and assigning a priority to each contact person. Schedule a meeting with your “A” sources every 30-45 days, your “B” sources every 60-90 days, and stay in touch with your “C” sources with less time-consuming methods like email or a phone call. Constantly work to refine your list to maximize performance, and remember to reciprocate with qualified leads for your referral partners.

4.  Market to current and past clients.

Your best source of new revenue in the short run is hidden in your client list. Stay in touch with clients at least 4-6 times per year through newsletters, client alerts, or events to increase retention rates, up-sell, and cross-sell.

5.  Maintain a prospect list.

Refine your “ideal client” profile to the point that you can compile a list of at least 25 key prospects, identified by firm name and contact person. Work this list diligently in a continual effort to move to the “next step” of gaining the client. Start by identifying a mutual acquaintance who might provide an introduction, or an organization where your prospect is active. Move from getting acquainted to building trust, assessing needs, suggesting solutions, demonstrating your value equation, and closing the deal. The entire process may take months or even years, so be patient but politely persistent.

6. Leverage organizational memberships.

Whether it’s a bar association or an industry organization, turn your memberships into new business through speaking opportunities, newsletter articles, webinars, or by serving on a committee that gives you access to decision makers.

7.  Internet marketing.

Your website bio page is a good starting point. Make sure it is current and provides a recent headshot. Next evaluate your website to confirm that it is easy to navigate, frequently refreshed, and structured for search engine visibility. Online legal directories abound. LinkedIn is an easy first step into the social media scene, followed by blogs. There are so many Internet marketing options that space simply does not permit full coverage.

A strategic attorney marketing plan can serve to tie all of your business development efforts together around a focused practice.

While all these marketing activities can seem like a juggling act, there are a few techniques that will streamline the process.

Create a marketing calendar that includes your desired frequency for each campaign. For example, you should try to speak at least 2-4 times per year. You may want to get published twice a year. By putting these goals on your calendar, they are easier to manage and achieve.

Take a few minutes to identify 3-5 newsworthy topics within your area of expertise. You can then incorporate these topics into all your marketing efforts, such as speaking, publishing, newsletters, blogs, social media, etc.

A database can be your best friend in recording and tracking your prospects, outreach efforts, and follow up dates. This can be a simple Excel file, Microsoft Outlook, or a more complex customer relationship management system.

© Legal Expert Connections, Inc.

About the Author:

Margaret Grisdela is President of Legal Expert Connections, a national legal marketing agency serving law firms and litigation experts in the U.S. and internationally. She is the author of the legal marketing book “Courting Your Clients,” which presents a proprietary methodology for business development. An accompanying guide, the “Courting Your Clients Legal Marketing Playbook,” will be available to clients in November. Ms. Grisdela brings over 30 years of experience in marketing, publishing, and information technology to each engagement. She helps clients launch or expand successful practices in the legal field through integrated marketing programs including article placement, speaking, search engine optimized websites, publicity, and direct mail. A leader in professional organizations, she served as 2008 Co-Chair of the Legal Marketing Association South Florida City Group, and 2005 President of the Florida Direct Marketing Association. She holds a B.A. from Wayne State University and an MBA in Finance from The George Washington University.  561-266-1030 / www.legalexpertconnections.com

 

 

Are Alternative Fee Arrangements (AFAs) the New Standard for Law Firms?

From the National Law Review’s Business of Law guest blogger, Meredith L. Williams of Baker Donelson Bearman Caldwell & Berkowitz, PC discusses the current legal marketing ‘it’ topic – alternative fee arrangements or AFAs.  Meredith provides a great historical perspective on this topic and goes into nice detail on how law firms should address this new hot issue.  Read on: 

The Supreme Court of the United States answered this question when they released the opinion for Perdue v. Kenny A. In this case, the Supreme Court rejected the statement “departures from the hourly billing are becoming more common.” In addition, the court noted “if hourly billing becomes unusual, an alternative to the lodestar method [hours worked times billing rate] may have to be found. However, neither the respondents nor their amici contend that that day has arrived.”

Are AFAs new?

Although the U.S. Supreme Court stated hourly billing is the usual practice, alternative fee arrangements remain a growing trend in law firms. From 2008-2010 law firms have seen an increase in AFAs from 4-16% (Source: CounselLink). However, the question remains are AFAs new or are they a natural evolution?

Alternative fee arrangements have existed for decades in many law firms. Examples include blended rates, contingency fees, fixed fees, capped fees, collared arrangements, etc. Although the concept of AFAs is not new, the push to offer more alternative arrangements has never been more prevalent in law firms as it is today. Key drivers of this shift are the economy, the ACC Value Challenge and the clients demand of more risk sharing and consistent, transparent, value-based project pricing.

The ACC’s Value Challenge is based on the concept that law firms can improve the value of delivering legal services without increasing the cost. For law firms, this concept alters and increases the focus on efficiency in the delivery of those legal services. This new focus on efficiency creates a demand to price legal services, manage the legal work process, manage the right talent and form a strategic alliance with clients to improve the service delivery. Clients are now looking for transparency and true cost control. AFAs are the new way of delivering on these demands.

Ultimately, alternative fee arrangements are about risk sharing. With the economic and global shift, clients and companies are now in the driver’s seat. They are attempting to shift more risk of legal service delivery to law firms. However, law firms are only agreeing to this risk transfer as long as the arrangements are still profitable.

What do law firms do now?

As AFAs become more common, how can a law firm compete in this area? Law firms must understand the different sides to alternative fees – estimation and management – and align their firm strategies to these areas.

First, firms need to learn to estimate the cost of legal services. Estimates and budgets must now be based on cost rather than billable rates. Firms are beginning down this path of price estimation with many different budget and estimation tools that are new to the market. A standard starting point is data mining previous matters of similar nature of suit. This process provides an accurate view of prior costs for a type of service. However, using historical data can also show the inefficiencies in those former processes. Finally, the data mining of former data can be incredibly difficult if law firms have not previously used phase and task billing codes in their time entry system.

Next, firms must learn to manage the alternative fee arrangements effectively in order to remain profitable. Budgeting tools, case management tools/ strategies and process analysis are key pieces to this phase. As stated above, there are many new budgeting tools to the market that now help law firms manage budgets and control expenses. However, most tools rely on the use of phase and task billing. In addition, law firms are now considering strategies to aid their attorneys and staff in the understanding of legal project management. This is a difficult task to accomplish because lawyers are not project managers by nature and the norm is not to look at legal work in phases or tasks. Finally, firms are looking at any and all tools that exist within their firm our outside their firm that can aid in efficiency. Things such a document assembly, form production, expertise databases, case/deal management software and extranet collaboration with clients are just a few tools that firms are considering. When an alternative fee arrangement is used, without management of the budget, deal/case and processes, the risk of profitability loss now falls to the law firm instead of the client.

What will change?

The largest change seen by law firms is that billable rates are no longer the driver of profitability. Firms have previously been raising rates at a 6-8% increase with each passing year. With the economy, the practice of raising rates had to change. We now live in a buyers-market for legal services. Clients no longer stand for the standard rate increases but instead now look for a strategic partner. Additionally, the entire law firm model on compensation and partner track are called into question with the change from billable hour and rates. Firms that move to alternative fee arrangements need to look to alternative metrics and measures for compensation, partner track, staffing and bonuses. Some firms are turning to metrics such as overall performance, expense management, practice management, client development, and leadership skills instead of the maximum billable hours.

Conclusion

In conclusion, alternative fee arrangements are not the new standard for law firms in 2010. Currently, AFAs only make up 10-16% of business. However, just as we saw this percentage increase from 2008 to 2010, we expect a further increase over the coming years. In order to stay competitive, law firms must determine their stance and strategy with AFAs and learn to remain profitable in this changing time.

©2010 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. All Rights Reserved.

About the Author:

Meredith L. Williams is Baker Donelson’s Director of Knowledge Management.  Although trained as a lawyer, she is not actively engaged in the practice of law.  Instead, she oversees BakerNet, the Firm’s industry-leading intranet, and coordinates strategic growth on behalf of the Firm in knowledge management, competitive intelligence and technology.  Ms. Williams is widely recognized as a leading authority in knowledge management issues for the legal field, and is a frequent presenter and author on knowledge management and competitive intelligence. 901-577-2353 /www.BakerDonelson.com

How Extensive Is Your Experience? Insights on Law Firm Website Text.

Sonny Cohen of Duo Consulting   provides some food for thought about the same old – same old law firm website text. From Last Week’s Business of Law at the National Law Review: 

It is common for law firm websites to speak about themselves with hyperbole.  Self-important adjectives litter the site content.  Firm’s with exceptional people are one-upped by those with truly exceptional people.  Knowledge is only valid if it isgenuine. Experience, it seems comes in a variety of flavors as well. Some firms havewide experience.  For others it is deep experience.  But the most common benchmark of experience is that it be extensive.  Does your firm claim extensive experience?

Now it’s not that I don’t believe it when I read of a professional’s extensive experience. It’s just that this really doesn’t tell me anything. Worse, it doesn’t tell me anything different from the next guy who also has extensive experience. In fact, I would argue, my baseline is extensive experience. Now tell me how you’re better.

If you Google the phrase “extensive experience” there are over 6 million website pages where this value is claimed.  Using the search tool on several law firm websites, I discovered an “extensive experience” ratio of about  35% – 50% (# of appearances of “extensive experience”/attorney). So making this claim doesn’t so much separate one professional from the pack as much as it defines the pack. (Check your firm’s ratio and let me know!)

But the problem with this “extensive experience” language is not merely that it is linguistic laziness. Rather, this laziness results in failing to detail the richness, complexity and detail which this phrase references. And in so not doing, opportunities are lost for using this missing content.  You won’t be found in a search engine because, frankly, nobody is looking for “extensive experience.” And you won’t be discovered in your site search because, well, almost half of all attorneys have the same vague amount of experience. And it is all extensive.

Yes, I understand that, often, considerable descriptive detail must be concealed for privacy considerations.  Yeah, so? Content developers (copywriters) simply have to work harder to anonymize those involved. But, with a little effort, it is possible and essential to provide sufficient detail to make the stories comprehensible and relevant – and content rich.

Go the extra mile to gather the detail that elicits that sense of extensive experience. Boil it down to 3 to 5 cogent bullet points of industry and matter relevance. And post it. Your site visitor will have a better experience. This will result in more web pages consumed and possibly a longer time on the site with more opportunity for engagement. And search engines will devour the details for their ranking algorithms.  And you know how I know this? I have extensive experience.

© 1999-2010 Duo Consulting

About the Author – Sonny Cohen:

Sonny works closely with Duo’s clients to develop their online business and marketing strategy. His tactical responsiblities include: Implementing and managing paid search engine campaigns;  Consulting on and implementing permission-based email; Providing strategic online marketing consultation to law firms and others using web analytics to help drive website and business performance and Conceputalizing and implementing social media marketing

Sonny has over 30 years of business management and marketing experience,  He was a Serial entrepreneur and business marketer as an Apple Computer reseller; Internet partner in the business consulting firm Friedman, Eisenstein, Raemer and Schwartz; Director of Business Development for startup Primecom, an online e-commerce application service provider; and Director of Marketing for NextPart, Inc..  312-529-3003 / www.duoconsulting.com

The Ten Commandments of Drafting a Social Networking Policy

The National Law Review’s featured Guest Bloggers this week are from Steptoe & Johnson PLLC. Vanessa L. Goddard provides some concrete do’s and don’ts for drafting a company Social Media policy.  Read on:

You’ve probably heard this “fact”: if Facebook was a country, it would be the fourth largest country in the world! Web 2.0 has infiltrated every aspect of our lives, including the workplace. As a result, most lawsuits in which employers become mired are fraught with electronic data issues. To guard against a wide range of legal claims, as well as reap the benefits of a global marketplace, many employers are instituting social networking policies. But, as with any policy, a social networking policy must be carefully drafted to meet your business needs. With that, I introduce to you the 10 Commandments of drafting a social networking policy:

NUMBER ONE: Thou shalt NOT use a sample policy pulled willy-nilly from the Internet.

While your search results will pull up dozens of fine looking policies, you won’t know who wrote them, the legal jurisdiction from which they hale, or the business interests the policy seeks to promote. Many times, a bad policy is worse than no policy at all.

NUMBER TWO: Thou SHALT work in harmony to craft a policy appropriate for your business.

If you decide that a social networking policy is appropriate for your business (and it may not be), the combined cooperation of your IT department, human resources, legal, and company decision-makers is necessary to formulate an effective policy.

NUMBER THREE: Thou SHALT know the risks and guard against them.

Employee use of social networking media can have wide-ranging legal ramifications for employers. Possible claims include: harassment, discrimination, defamation, invasion of privacy, and a variety of statutory violations.

NUMBER FOUR: Thou SHALT proclaim that the eye of the employer sees all.

Notify employees that they have no expectation of privacy in their use of company technology, that their activities should be work related only, and that their communications may be accessed at any time.

NUMBER FIVE: Thou shalt NOT take the name of the employer in vain.

The policy should require disclaimers be used indicating that the opinions stated therein are those of the employee and not the employer.

NUMBER SIX: Thou SHALT respect thy co-workers, customers, competitors, and employer.

Require employees to act respectfully in their social networking/blogging activities. Provide guidance on what is and what is not appropriate behavior.

NUMBER SEVEN: Thou shalt NOT steal or do other really bad things with your employer’s computer.

The policy should prohibit disclosure of confidential information, the use of legally-protected/copyrighted information, and the dissemination of personal information of co-workers.

NUMBER EIGHT: Thou SHALT know the consequences of thy actions.

Inform your employees that their social networking activities on the job are subject to all company policies and explain the consequences of violating your social networking policy.

NUMBER NINE: Thou SHALT spread the word throughout the masses.

Distribute the policy. Have your employees sign off on their receipt and understanding of the policy. Provide training on the policy.

NUMBER TEN: Thou shalt NOT commit random acts of destruction.

You MUST ensure that your litigation hold policy incorporates procedures and methodologies to capture and preserve social networking data in the event of litigation.

© 2010 Steptoe & Johnson PLLC All Rights Reserved

About the Author:

Vanessa Goddard’s primary focus is in the area of labor and employment law. She has been involved in representing clients in various employment cases, including sexual harassment, deliberate intent, age, race, and disability discrimination, wrongful discharge, and various other employment-related torts. She is admitted to various state and federal courts as well as the Third Circuit Court of Appeals and Fourth Circuit Court of Appeals.  304-598-8158 /www.steptoe-johnson.com