♫ Cell phone’s dead
Lost in the desert
One by one…♫
Lyrics and music by Beck Hensen.
[Image courtesy of holohololand at FreeDigitalPhotos.net]
Having just returned from a long tenting camping vacation where my Blackberry was dead for most of the trip, I thought I would pass along some tips on how to avoid the kind of experience that I just went through.
Notwithstanding that we were travelling with both an iPhone and a Blackberry and charging them equally in the vehicle when on the road (courtesy of having USB connectors that allowed us to use the 12 volt ports and plug in the phones to charge while the vehicle was running), the iPhone would have a charge of about 90-95% the next day and the Blackberry would be dead.
Furthermore, the Blackberry kept on stating that it has exceeded its data limit plan (we were in the States for the most part and had data plans that had to be continually renewed) even when it was only ‘alive’ for 1 out of every 3 days (due to the fact that it would only be charged every 3 days due to our travel/camping schedule).
What I found out on my return was that there was a big software update from Blackberry that it kept on trying to download when on the road. If there was a notification of this, I have to say that I didn’t see it. As a result the attempted download ate up the data limit on the plan and also ate up the battery life as well.
So here is a collection of tips to hopefully avoid some of the problems encountered when travelling with a cell phone:
- Get a data roving plan before you leave. It is much better than getting hit with the pay-as-you-go rate in whatever jurisdiction you find yourself.
- Use WIFI whenever possible and turn off the data on your phone. Starbucks is my best friend on the road. For the price of a coffee you can connect to their Wifi network and check your email messages. If you are lucky you can find a table with a power connection too and top up your battery charge.
- If you can, use an unlocked phone or a small tablet that can accommodate a SIM card and purchase a SIM card in the jurisdiction of travel to cut down on your data costs.
- Consider buying a disposable phone in the jurisdiction where you are going. Often these are much cheaper than a roaming plan using a Canadian phone. Furthermore, Canadian cell phones may not work in other jurisdictions.
- Check to ensure that all software updates are installed BEFORE you leave. Or if you find out there is one released while you are travelling, find a WIFI hotspot and do the update there, if possible.
- Make sure you can charge your device wherever you may be. You may need extra plugs and adapters to accommodate the AC power in foreign jurisdictions. See a travel store before you leave.
- Get the apps, music and entertainment files you need before you leave.
- Take photos of your passport, important documents, serial numbers etc and put them in the cloud where you can get at them in the event your device and such are stolen or lost.
- Set up one HTML based email service with an easy to remember password that you can use in the event of an emergency, such as losing your device.
- GPS applications are wonderful when travelling, but remember that they also eat up data at a horrendous rate (at least in my experience).
I hope this helps ease some of the pain when travelling. You don’t want to end up in the middle of the desert with your cell phone dead!
(cross-posted to tips.slaw.ca)Posted in humour, Issues facing Law Firms, Make it Work!, Technology, Tips, Trends | Permalink | No Comments »
♫ Snap, what a happy sound
Snap is the happiest sound I’ve found
You may clap, rap, tap, slap but
Snap… makes the world go round…♫
Lyrics and music by Moosebutter.
Continuing with the theme of technology that just works, I would be remiss if I didn’t mention the Fujitsu ScanSnap iX500.
This little scanner punches way above its weight. In fact in the years that I have been talking about scanners and going paperless, no one has ever said that they have regretted purchasing one of the ScanSnap line of scanners. They have been a hit with every size firm, with every practice area and every type of lawyer right across North America. Why? They do their job simply, quietly, quickly and very efficiently.
What do they do? Here are the specs:
- 50 page automatic sheet feeder
- full duplex scan
- 25 pages per minute in full colour, faster in B&W
- works with Windows and Mac computers (I use mine with my MacBook Pro)
- works with Android and iOS mobile devices and tablets
- comes bundled with Adobe Acrobat Standard (for Windows PCs only, regrettably for us Mac users) as well as other bundled software
- comes with a ‘carrier sheet’ – a dual layer clear plastic sheet that allows you to scan loose papers and receipts
- can be set to OCR (optical character recognition) files automatically
- detects colour, greyscale and black & white
- you can create a PDF, text-searchable PDF or JPEG file
- using Wi-Fi, you can scan directly to a personal computer, iPhone, iPad or Android device
- if you wish, you can scan directly to your existing Evernote, Dropbox, Google Docs, SugarSync and Salesforce accounts
The ScanSnap iX500 comes with a set of bundled software:
- ScanSnap Manager (Windows and Mac)
- ScanSnap Organizer (Windows)
- ABBYY FineReader for ScanSnap (Windows and Mac)
- Adobe Acrobat X standard (Windows)
- PFU CardMinder (Windows and Mac)
- Rack2-Filer Smart and Magic Desktop (Windows) – Available only with iX500 Deluxe
- ScanSnap Folder (Windows)
- Scan to SharePoint (Windows)
- Scan to Mobile (Windows and Mac)
I have a ScanSnap at home and love it. It has allowed me to take my paper files and digitalize them and eliminate the need for paper files. I also upload my documents into Dropbox and this allows me to have a full cloud-copy as well as a local copy of all my documents. Have a hard drive failure? No worries…get a new PC or Windows, link it to your Dropbox account and ZIP…your documents are now dowloaded on your local computer. I know ..I experienced this. Everything in my Dropbox account was quickly and easily recovered notwithstanding the HD crash (unfortunately I found out to my regret that my photos..that I thought were backed up in iCloud ..were not. Now all my photos are backed up in Dropbox). For important documents and folders, I use third party encryption that creates encrypted volumes within Dropbox for security.
In my world, Snap makes the world go round.
(published concurrently on tips.slaw.ca)Posted in Adding Value, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Make it Work!, Technology, Tips, Trends | Permalink | No Comments »
♫ He ain’t no drag
He’s got a brand new bag… ♫
Lyrics, music and recorded by: James Brown.
This post continues the ‘no brainer’ posts about technology. This time it is about a bit of technology that most people don’t put much thought into, I suspect, namely their computer laptop bag.
Now some people will say that a bag is a bag is a bag. I am not one of them. In fact I can say that I am quite particular about my bag. I had a nice laptop bag given to me by our local Continuing Legal Education provider for being a volunteer that fit the bill nicely, but when it finally wore out after many years of hard use, I started looking for a replacement.
I first settled on an Eagle Creek bag – the “Strictly Business” carryall. Prior to this purchase I had had a number of bags from Eagle Creek of various sorts and liked them all. However, I discovered that the handles on the Strictly Business were too long…the bag almost dragged on the ground when carried by the handles rather than the shoulder strap- and I am a fellow who is 6’2″ tall.
But when the zipper blew after only 6 months of owning the bag, I went in search of an alternative bag.
What are the features that one looks for in a laptop bag? To me the important features are:
- Size: Look for a nice padded internal compartment for the laptop that is well-padded and once inside, won’t allow the laptop to slide around much. The compartment should be wide enough to take your laptop without a lot of extra room. The standard is to fit a 15″ laptop…if your laptop is bigger or smaller you may want to consider a larger or smaller bag.
- Durable construction. The bag that I received from CLE-BC lasted years of heavy use. That was my measure of durability. Look for good padding, stout seams and good hardware, especially the zippers. If you live in an area of significant rainfall or other harsh weather, ensure that the laptop will stay clean and dry inside. I prefer a soft-sided laptop bag but some may prefer a harder case. Personal preference. Velcro should close easily and be secure. Magnetic fastenings should stay closed. Seams should be well-sewn.
- Style: You are going to be taking this laptop bag to business meetings, on airplanes, checking into hotels and generally having it with you most days. Accordingly the bag should match your style.
- Weight: Leather may be a good choice in terms of durability and style; personally while I like the look and feel of a great leather bag, weight was also a consideration. I carry a great deal of ‘stuff’ and the extra weight of a leather bag was too much for me since I walk to and from the office. Accordingly, a fabric bag that is largely waterproof is high on my list of requirements.
- Size: As I mentioned, I carry a lot of ‘stuff’ from the laptop power cord to various other cords, papers, USB drives, my chequebook etc…so I want a bag that has lots of compartments, pockets, internal zipped pouches etc to organize things such as your cell phone, business cards, pens, a chocolate bar or two, your wallet and passport and even your toothbrush and toothpaste. Ensure that your laptop bag meets the new restricted size limits if you plan to use it on airplanes.
- Color: I am not referring to the color of the outside of the bag…that is a matter of personal preference. But the new bag that I acquired..the Solo Urban 17.3″ Ultracase, while black (with orange trim) on the outside is bright orange on the inside. If you are accustomed to ferreting around trying to find something inside a black bag you will totally appreciate the difference a bright orange lining makes. Finding something is now effortless. Plus the bag is perhaps one of the sharpest I have seen for looks. It it is a joy to carry and easily organizes and stores all my ‘stuff’.
A laptop bag can be one of the most important overlooked items in your business life. When it works well it is practically invisible since it performs its duties effortlessly and in a way that matches your lifestyle. I am quite pleased with my Solo Urban Ultracase…Daddy’s got a brand new bag!!!
(published concurrently on tips.slaw.ca)Posted in Adding Value, humour, Issues facing Law Firms, Leadership and Strategic Planning, Make it Work!, Technology, Tips, Trends | Permalink | 1 Comment »
♫ I just want the simple things..♫
Lyrics, music and recorded by Miguel.
This post continues the theme of innovative technology for lawyers. John Heckman, a legal technology consultant for whom I have a great deal of respect recently wrote in his blog “Does it Compute” a piece entitled:
Technophobe and Proud Of It — the Consequences. He states that there are “attorneys whose willful refusal to become conversant with their firm’s technology will drag down its productivity and ability to respond to client needs.” John then quotes Sharon Nelson, another good friend and legal technologist who is a co-author of the annual American Bar Association’s Solo and Small Firm Technology Guide (for which the write is a contributing author) put it bluntly: “The raw choice is that lawyers must choose between adaption and extinction.”
Well, fortunately there are technologies that are simple, effective and easy to use even for technophobes. SimplyFile is one of them.
This application which is a toolbar add-on for MS Outlook on the PC (not Mac..sigh!). It does one thing very very well. It is an adaptive program that learns from you where you like to file emails in your Outlook folders.
If you set up your Outlook folders to match your client files, then SimplyFile will help you quickly and easily move both incoming and outgoing emails into their proper file in Outlook. It learns from you and correctly guesses the correct folder 80-90% of the time. Moving the email to the right folder once Simplyfile guesses the folder is just a mouse click.
No longer will you end up with all your outgoing emails in the ‘Sent’ folder in Outlook.
No longer do you ‘drag and drop’ emails to organize them.
I have been using SimplyFile for years now and love it. There are companion applications that speed up other tasks and for those I refer you to Techhit’s web page.
If you use a Document Management System (we use OpenText) Simplyfile helps you move your emails into your profiled folders in Outlook and from there they are indexed into the DMS system. I understand it is equally effective with Worldox and other DMS platforms that work with MS Outlook (but you should check with your DMS provider first).
When it comes to legal technology there is no question that for maximum adoption by lawyers on all points on the legal technology spectrum, the applications should keep it simple.
(cross-posted to tips.slaw.ca)Posted in Adding Value, Change Management, Issues facing Law Firms, Law Firm Strategy, Make it Work!, personal focus and renewal, Technology, Tips, Trends | Permalink | 1 Comment »
♫ Good lookin’, so refined
Say wouldn’t you like to know whats going on in my mind?
So let me get right to the point
I don’t pop my cork for every guy I see
Hey Big Spender
Spend, a little time with me…♫
This column starts what I hope will be a series of columns on new and innovative technologies for lawyers.
The kickoff column in this series deals with WordRake.
WordRake is editing software for lawyers.
Most of us have to write for a living. Contracts, pleadings, documents, memorandums – even blog posts – our ideas are as clear as the words, grammar, syntax and tone that we use to communicate our thoughts.
Other than hiring an editor to go over your work, we are pretty much on our own to do our own editing and proofreading.
That is, until WordRake. As Gary Kinder, the developer states, the secret to writing well is rewriting. WordRake will take your writing and suggest edits to remove unnecessary words, improve phrasing, improve your grammar and make dull sentences sparkle.
It allows you to write clearly, be understood and make things happen with your written communications.
If nothing else, you can improve your writing by subscribing to Gary Kinder’s Wednesday Writing Tips.
WordRake works in Windows and with MS Word and Outlook. Alas, it doesn’t work on a Mac or I would be using it to help tighten this column. There is a 7 day free trial at www.wordrake.com. So let me get right to the point, spend a little time with WordRake; it may be the best $199 (Word and Outlook for 1 year) that you spend this year.
(cross-posted to tips.slaw.ca)Posted in Adding Value, Change Management, Issues facing Law Firms, Make it Work!, Technology, Tips, Trends | Permalink | No Comments »
Lyrics and music by Seth Olinsky (Akron/Family).
Who knew that keeping track of your fitness could be addictive – and fun? Welcome to the world of wearable technology and in particular, the Fitbit.
The FitBit Flex is a wearable fitness wristband that helps you track your daily activity in terms of steps, distance, calories burned and active minutes.
It tracks how long you slept and the quality of your sleep. It buzzes when you have achieved 10,000 steps in a day (the first time mine did this I almost jumped out of my skin!).
It synchs wirelessly to your computer and smartphones. You can log additional activities such as biking, skiing, running and more.
As you achieve your fitness goals, you get email reminders and badges that reinforce your progress. You can also track drinks of water and calories eaten in the food log section.
If what gets measured gets done, the FitBit is a fun and novel way to keep on top of your fitness goals and see how you are doing.
There are different devices ranging from the Flex (above) to the Surge that incorporates a heart monitor and is classified as a ‘Fitness Super Watch’ with GPS, notifications, music, Auto Sleep monitoring and alarms.
Since keeping fit is something that all of us need to do more of, it is good to know that the Fitbit can be a great little way to get that little bit of motivation to achieve your goals with a tiny bit of wheeeeeeeeee….
(cross-posted to tips.slaw.ca)Posted in Change Management, humour, Issues facing Law Firms, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »
♫ Just a short note
You’ll find the key inside…♫
Music, lyrics and recorded by Matt Finish.
Having just returned from ABA TECHSHOW in Chicago my mind is buzzing with everything that I has seen and heard. One of the more interesting sessions was on how to use Evernote (https://evernote.com). Now I have been using Evernote for some time but it seems that you can teach an old dog new tricks.
I became curious about how to use Evernote to not just capture web sites, recipes, legal research and such, but to try to capture the tweets that I was creating while at Techshow.
So with a little research, here is how to craft a note in Evernote that captures all your tweets going forward…without your having to do anything more.
I only wish I knew how to do this *before* Techshow ..that way my Tweets could be a record that I could easily use to write a column…the next step is to figure out how to capture all the tweets that use a certain hashtag like #ABATECHSHOW!
Here is how to create a note to log all your tweets going forward:
1. Go to IFTTT to create an account. IFTTT is a service that allows you to create chains of commands..it stands for IF This Then That.
2. Once your account is created, go to: https://ifttt.com/recipes/114761-twitter-will-automatically-archive-to-evernote and install the ‘recipe’ that will automatically send your tweets to your Evernote account.
Voila! Your tweets will now be logged into Evernote. Just a short note with a key inside!Posted in Issues facing Law Firms, Make it Work!, Technology, Tips, Trends | Permalink | No Comments »
♫ To boldly go where no one has gone before…♫
Narration to the music by Alexander Courage.
In Chicago for ABA TECHSHOW I heard a presentation to my fellow Practice Management Advisors from Daniel Martin Katz on the future of law and legal eduction. Daniel’s thesis, as I understood it, is that law schools should no longer be liberal arts oriented. Rather they should be Polytechnic Law Schools. The reason for this change is that the future of lawyers is to combine analytics (i.e. computer reasoning) with a lawyer to produce better outcomes. And you can’t apply something that you really don’t understand. Lawyers need to have a solid grounding in legal technology, analytics and computer modelling to be better lawyers.
According to Daniel Katz, an associate professor of law at Michigan State University, computer modeling has proven “able to predict 70 to 75 percent of the cases correctly” in a given year. That compares to a 60 percent rating for legal experts who also predict outcomes.
We all know that IBM is working on Watson, which is “a cognitive system that enables a new partnership between people and computers that enhances and scales human expertise.”
But what you may not know is that IBM’s Watson is not alone. Microsoft and Amazon are undertaking similar research. Pretty soon every Tom, Bill and Jeff will have their own in-house cognitive learning system.
Furthering these ideas will be an exciting event held in conjunction with ABA TECHSHOW:
There will be a Legal Technology and Innovation Meet-up at Sadden Arps being held concurrently during TECHSHOW week. I expect to hear mind-expanding ideas from such speakers as:
- Jeffrey Carr, former GC at FMC Technologies (and one of the innovators in alternative billing systems for lawyers),
- Casey Flaherty, former in-house counsel (Kia Motors America) and creator of the Legal Technology Audit who will be speaking on: A Piece in the Metrics Puzzle: How Well do we Utilize Technology to Deliver Value and Quality?
- Ron Dolin, of the Stanford Center on the Legal Profession, legal technology consultant and investor and legal technology and informatics instructor speaking on The Importance of Measuring Quality
and many others.
Daniel is not alone in thinking that information technology is changing the face of law. Human enterprise and machine learning is taking the legal profession where no one has gone before.Posted in Adding Value, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »
♫ I’m gonna kick tomorrow
I’m gonna kick tomorrow…♫
This is a guest post from an anonymous author that was published in the March 2015 Newsletter In Sight by the Oregon Attorney Assistance Program. It is reprinted here with the kind permission of OAAP and the author. The most powerful messages are personal ones and this one struck a nerve. It takes a special kind of honesty to face up to a personal issue, look at it critically in the harsh reality of day and eventually stare it down through personal strength and persistence. I hope it resonates with you.
I could start my story about my addiction to prescription drugs with the day I was fired from my job. Or I could begin with the day several months later when the clerk at the posh store where I was shopping called the police because she thought I was too impaired to drive. Or should I begin with the worst day – the day my husband told me if I didn’t go to rehab, he would take my 12-year-old daughter and leave?
My addiction was fueled by physical pain and fear of pain. The event that sticks out in my mind as “the beginning” is struggling in pain through a client’s daylong deposition. An MRI two days later showed I had a herniated cervical disk. Neurosurgeons recommended I get a fusion immediately due to spinal cord compression, but I waited for six months because of fear and uncertainty. The cloud of pain and anxiety that descended over me was ripe for addiction. I catastrophized – and started taking prescription Vicodin. At first I took it only occasionally, as needed, but soon it seemed like I needed it three times a day, every day, like clockwork.
The spinal fusion surgery I eventually underwent did not seem to stop the pain. The surgeon theorized that the injury had been there so long that a pain pathway had been established. Even though the offending disk was repaired, the tissues and nerves were still sending pain signals. The neurosurgeon referred me to a pain specialist.
My experience under the care of a “pain specialist” was the beginning of a nightmare roller-coaster ride. I became trapped in a web of prescriptions, appointments, and tests. I felt chained to the doctor and the pharmacy. The doctor put me on a permanent narcotics maintenance program. Soon I graduated from Vicodin to Percocet, and then to Morphine, Oxycontin, and Fentanyl. When I became depressed, they added an antidepressant. When I couldn’t sleep, they added Ambien. Every morning I had to take an antinausea drug to keep it all down. The doctor told me I should accept that I would be on medications for the rest of my life. I felt I had two terrible choices – addiction or constant pain.
I kept trying to work, but I constantly felt sick, tired, and depressed. I imagined I had a giant raptor perched on my back, its claws embedded in my shoulder blades. Sometimes I shut the door for a few moments and lay on the floor, praying for the physical and emotional pain to go away. I was frequently late to work and used all my sick time. I became increasingly fragile, and I could not handle any criticism. I was deeply ashamed, and at the same time I blamed everyone else for my problems.
I tried to care for my 12-year-old daughter, my husband, and my 80-year-old mother, but I had nothing left for them. After work I would come home and lay on the couch. Usually, I would fall asleep there. My daughter didn’t invite friends over for a year. I felt like an embarrassment to my family. I thought I was a terrible mother, wife, daughter, friend, and employee. I wanted to disappear.
At some point I started abusing the medications. I would take too much and run out before my prescription was due. Many months I made up excuses about why I needed to fill the prescriptions early. I would wait for the hour, the minute, my prescriptions could be filled, and would rush to the pharmacy to pick them up. The anxiety and shame created by dependence on narcotics were crippling.
One Saturday I woke up in the hospital. The doctor said I had overdosed and was down to three or four respirations per minute. That afternoon my husband called a treatment center and arranged for my 30-day in-patient admission. I did not want to go, but I had hit bottom. Of all the terrible choices I had, treatment seemed like the least horrible option.
Of course, the first few days of treatment were tough. The back pain initially increased, but not as much as I feared it would. I couldn’t sleep for a few days, and the anxiety from withdrawal was very uncomfortable. But I was in the company of people going through the same thing, and that helped a lot. It also helped that I was free to collapse, cry, and sweat without fear of disappointing anyone. I no longer had to pretend everything was okay. It took a lot of energy to keep everything going when I was addicted to painkillers, but finally I could just stop and let all the balls in the air crash to the floor. There were a lot of things I disliked about treatment, but it saved my life, my family, and my career.
Within a couple of days, I was grateful that my husband had given me the ultimatum that forced me into treatment. At first, he held me at arm’s length and did not promise that he would be there when I got out. My daughter also kept her distance. I was so sorry for all the pain I had caused them, but I tried to be hopeful they would trust me again.
I was placed in the chronic pain group, and we read a book that argued that pain and suffering are two separate things. Maybe you can’t control the pain, but you can control your response to it. That concept was revolutionary to me. For the first time, I recognized that I was not actually trapped and that I did have choices. Instead of worrying that the pain was only going to get worse, I chose to think it would get better. This choice helped me break the cycle of pain – fear – pain – fear. When I assumed the pain was temporary, I was able to ignore it and think about something else. My shoulders relaxed, and the pain decreased. Within a couple of weeks, I could go for hours without thinking about pain. I began to apply this newfound power to choose my thoughts to other areas of my life. If I woke in the middle of the night, instead of darkness, I chose a more positive option from the thought menu. It was liberating to learn that I could choose what I spent my time thinking about.
Also key were the daily lectures about addiction and neurochemistry from scientists and doctors. I learned that drugs and alcohol alter the brain’s neurochemistry and inhibit the body’s natural ability to respond to pain and stress. I learned that if I could hold on long enough to get the chemicals out of my system, my own endorphins, serotonin, and dopamine would kick in. Eventually I found out that my own body handled pain as well as or better than narcotics had.
I accepted, and eventually embraced, the idea that in order to be healthy and sane, I had to completely eliminate narcotics and other addictive substances from my life. Instead of wondering if I am having too much, I simply have none. I followed the recommendations of my support group, and I tried to apply the principles in all my affairs. I also started making healthier choices in other areas of my life – I started jogging again and changed my diet.
Today I have been clean and sober for more than seven years. My life is so much easier to manage. I am responsible, organized, and reliable. If I say I am going to be somewhere or do something, I do it! I don’t have to worry that I may feel too sick or that I will forget. I have my old job back, and I have regained the trust of my husband, daughter, friends, and coworkers. I am nearly pain-free, except for normal temporary aches and pains. I practice choosing how I respond to situations and people, and I try to take responsibility for my own emotions. Fortunately, the legal profession and life in general provide many opportunities to practice. Sometimes I do not succeed at first, but I keep trying and eventually I can steer my thoughts in a positive direction.
I regularly attend community support meetings to maintain my sobriety. I welcome the authenticity that I find in these meetings. People talk about real things in a genuine way. It is refreshing to connect with people in this way. It is comforting to know that anything I say or feel is acceptable and will be understood. And it is good to see newcomers, have the opportunity to share my experiences, and be grateful for how far I have come.
Choosing Positive Thoughts
Thank you to the author, Barbara Fishleader and the others at the OAAP for sharing this story of how all of us can kick tomorrow.Posted in Change Management, Issues facing Law Firms, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | 1 Comment »
♫ What’s left to lose?
I painted all these pictures but you couldn’t choose,
All of your company.
But is this distance, calling my name?
I think persistence is this price that we pay in the end…♫
Lyrics, music and recorded by State Champs.
This is an image taken from a YouTube marketing video created by a Pittsburgh lawyer named Daniel Muessig. This particular video has been described as “clever, effective, legally ethical and thoroughly despicable” by ethicsalarms.com. They state:
Is this an ethical ad? According to the Pennsylvania Rules of Professional Conduct, it is within the conduct permitted by the state’s legal ethics rules. The ad isn’t misleading. It doesn’t make promises the lawyer cannot keep. It doesn’t represent dramatic recreations as fact, or use broad metaphors and exaggerations. (Lawyer ads are held to a standard of literalness that presumes the public has never see any other kinds of advertising in their entire lives.) Once upon a time the various state bar advertising regulations included prohibitions on “undignified” communications, or those that undermined public trust in the profession, but those days are long past: the standards were necessarily vague, and breached free speech principles.
So we have this: a lawyer who appeals to his future criminal clients by saying that he thinks like a criminal, believes laws are arbitrary, that other lawyers will “blow them off” and that he visits jails frequently because that’s where his friends are. He attacks his own colleagues and profession, denigrates the rule of law he is sworn to uphold, and seeks the trust of criminals not because of his duty as a professional, but because he’s just like them. Muessig is willing to undermine the law-abiding public’s belief in the justice system and the reputation of his profession and his colleagues in order to acquire clients. I’m sure his strategy will work, too.
This YouTube video has received over 282,000 hits at the time of writing this column.
Daniel Muessig has no disciplinary history according to my colleague Nancy Carruthers, of the Law Society of Alberta, who incorporated this into her paper “Ethics and the Business of Law” and displayed the full video to The Business of Law conference by the Legal Education Society of Alberta where I am honoured to be a speaker.
What do you think? Is is over the top and beyond the bounds of ethically allowed marketing by lawyers in Canada? It is certainly creative and ‘in your face’ as Nancy has noted in her paper/presentation. Is it a sign of lawyers engaging in advertising that while undoubtedly effective and distasteful to some, is too close (or perhaps even over) the ethical line? Or is it a sign of lawyers saying, when it comes to the legal battlefield, what’s left to lose?
–Cross-posted to tips.slaw.ca.Posted in Adding Value, Business Development, humour, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends | Permalink | No Comments »