♫Just open your eyes,
And realize, the way its always been.
Just open your mind
And you will find
The way its always been.
Just open your heart
And thats a start…♫

Words and Music by Graeme Edge and Ray Thomas, recorded by The Moody Blues.

At the American Bar Association’s Law Practice Management Section meeting in Santa Fe, New Mexico that is happening on May 14-17, 2008, there was a panel discussion by Jamie Spannhake, Mark Komer, Ed Flitton and Diane Costigan on Living a Life in the Law. This panel presentation was all about achieving a life-work balance while practising law.

To begin with, the panelists had to draw a definition of what is living a balanced life. The definition that was put forward was “Using your time effectively so that no one area of your life is neglected”. To place this in context, Ed Flitton noted that at his firm, Holland and Hart, partners are expected to log 1700 billable hours/year and associates, 1800. On top of that are pro bono hours, education time etc to bring every lawyer’s total logged (billable and non-billable) time to 2500 hours/year.

If lawyers worked a normal number of days/year (231 is typical taking into account statutory holidays and 14 days/vacation/year) that means that lawyers have to log 10.8 hours/day in the office. This clearly implies that lawyers are clearly spending long hours and weekends in the office to meet their billable hour requirements. The situation is further compounded when you realize that there are many law firms out there that have even higher billable hour requirements from partners and associates alike.

So how do you start living a life in the law? The suggestions that were put forward were to build in a sabbatical of 3 months every 5 years for partners. For one, this adds to the motivation to become partner! Furthermore, clients are shared among the lawyers in the firm, as no one can simply leave their practice for 3 months. This promotes a cultural change in the firm to regard clients as firm clients and not to horded clients by partners. This cultural change is seen as being very positive and team-oriented.

Other suggestions were to choose your law firm carefully and try to work with lawyers who share your values. Furthermore, exercise personal leadership in defining what success is and a successful life are to you and not allowing others to set these definitions (and your schedule) for you.

Lastly look to creative ways to rework your time/career relationship with your firm. Jamie Spannhake brought forward her personal story to reduce her time requirements by 30% at her firm, in order to allow her to build a personal practice as a holistic health counselor (www.thenourishingbalance.com). She was the first lawyer at a major New York firm that brought in a reduced hourly rate requirement for someone for reasons that had nothing to do with family and child needs.

The first step is to open your mind and your heart … and that’s a start!

♫ But we got to keep it simple to save ourselves…♫

Words and music by Van Morrison.

I have run across the absolutely coolest application that I have seen in a long time …and it has quickly become indispensable to how I work. And the best part of it all is that it is also one of the simplest pieces of technology that I have seen in quite a while.

This particular application is an intelligent filing assistant for Microsoft Outlook (I have used it in both Outlook 2003 and Outlook 2007). At least that is how it is described on the web. I simply call it magic.

Here is how it works: SimplyFile, once installed, sits in your Outlook as a toolbar. Now, click on an email - any email. SimplyFile guesses into which folder this particular email should go. Amazingly, it seems to guess right at least 80-90% of the time. Click on “File Message” and *zap* the email goes into the right folder. When you reply to an email, it also guesses which folder the reply should go. SimplyFile is $39.95 per user, with a volume discount available for those who may wish to take advantage of this.

I am sure that it does more, but I really don’t care. When it comes to saving ourselves from the email avalanche, we have to just keep it simple and that’s that.

♫I want the easy
Easy money
Easy money
I could get lucky
Oh, things could go right♫

Words and music by Billy Joel.

There is a a new and quite clever fraud scam being attempted against lawyers.

Generally, the fraud was attempted by an entity (CreditCo - in this case from Hong Kong) retaining a law firm to undertake a collection against a debtor (DebtCo). The law firm is engaged to write a demand letter to DebtCo on behalf of CreditCo (in this case, for a largish amount of money).

Low and behold a bank draft arrives payable to the firm in the full amount of the claim! This was the first small alarm as the demand letter did not ask for the funds to be paid to the law firm.

The lawyers notify CreditCo that they have the funds and CreditCo gets anxious and states that they want the money wired to them ASAP (second small alarm). In other words, CreditCo wanted the firm to circumvent any normal caution or internal controls regarding the bank draft and any clearing times on the draft.

In this case, the lawyers called the bank at the number listed on the bank draft. Not surprisingly, the telephone number was answered professionally and the bank draft declared to be valid.

Fortunately, the law firm in question did not accept such assurances at face value. The lawyers, out of an abundance of caution, called their own bank and asked them to make inquiries regarding the bank draft and the issuing bank. Not surprisingly, the lawyer’s bank determined that the bank draft was bogus.

The bank draft, it should be noted, was entirely professional in appearance. And the entire attempted scam was conducted in a professional manner. Lawyers are cautioned to put into place proper prudent internal controls regarding retaining funds until they are reasonably assured that any negotiable instruments are indeed valid and will be honoured by the issuing financial institution. There is no assurance that any negotiable instrument, bank drafts included, may not be forged. Fraudsters count on trust - and internal controls are designed to place any transaction - no matter how innocent - under a critical eye. Lawyers should be examining every and all financial transactions with a view towards whether the transaction is indeed what it appears to be.

The increasing sophistication of scams such as this one only reinforces the principle that if it seems too good to be true, if the money seems disproportionate to the services rendered, if the result is just too easy, then the easy money comes with a different kind of price; and the lawyer in question is not lucky when things ultimately do not go right…