♫ Can’t pay tax
Won’t pay tax..♫

Lyrics, music and recorded by Chaos UK.

HST Flowchart

Well the HST on legal services is now a reality in BC and in Ontario.

The CRA’s  publication:

Ontario and British Columbia:  Transition to the Harmonized Sales Tax – Services has the displayed flowchart in Appendix A – Transitional rules for services.

A PDF version of this diagram can be downloaded here: HST Flowchart PDF

This flowchart helps clarify the issue as to when HST or GST (and PST for those in BC) applies to legal services. The publication is: http://www.cra-arc.gc.ca/E/pub/gi/gi-056/gi-056-e.html (more…)

♫ I know his journey ends never.
His Star Trek will go on forever…♫

Music by: Alexander Courage, lyrics by: Gene Roddenberry.

Sooner or later, every firm must deal with the issue of succession planning. Given that the ‘boomers’ are all nearing retirement age, this is a looming – and lurking – issue for most firms.

This issue can arise in several ways. One major way this issue comes to the forefront is the lease for the office is coming up for renewal. At that time the partners who really don’t wish to keep practising for another 5 years refuse to sign onto the lease. This throws the partnership into a crises and most likely leads to the firm going ‘supernova’ – the firm explodes and a group of partners leave (usually the ones with the biggest book of business) and the remaining ones are left to try to pick up the pieces (or most often, simply close the doors and turn off the lights on their way out).

More subtle ways of this occurring happens as major keystone partners start to leave – one by one – until what is left is a shell of the former firm. This is death by a thousand cuts as the major income earning assets of the firm depart leaving only the liabilities of the old firm in the hands of those remaining. (more…)

♬You’re my latest, tell you you’re my greatest
My latest, my greatest inspiration
You inspire me, inspire me…♬

Lyrics and music by: Kenneth Gamble and Leon Huff, recorded by: Teddy Pendergrass.

2010 Techshow logo

This column was written for the Trial Lawyers Association of British Columbia’s magazine “The Verdict” immediately after ABA TECHSHOW in March. That edition of The Verdict has just hit the streets (print publication lags being what they are…) so here is the column on ABA TECHSHOW 2010:

Well the three days of the 2010 edition of the American Bar Association’s TECHSHOW wrapped up on March 27. This leading legal technology conference had three major themes this year.

Theme One: The Cloud

Ethics, security and privacy concerns aside, the cloud has arrived. Whether it is using SaaS applications (software as a service) or law firms building virtual deal rooms using SharePoint, working on the cloud is now a reality for virtually all law firms. (more…)

♬ With bits of memories scattered here and there
I look around and don’t know where to start…♬

Lyrics and Music by: Alan Bergman, Marilyn Bergman, Johnny Mandel.

My good friend Robert (Bob) Denney has just issued his April 2010 Legal Communique: Addressing Challenges and Making Changes Requires a Thoughtful Approach.

Aside from the use of the word “thoughtful” (which I always appreciate!) the advice that he has packed into his Communique is top notch and timed for firms coming out of the current economic malaise. With his permission, here is Bob’s latest advice:

“Now that the economy is in the process of recovering, forward-thinking law firms are shifting from survival tactics to strategic planning as they begin to address, not only the challenges they face, but also the changes they may have to make. However, as discussed in our February Communique, the list can be long and there are few, if any, precedents for addressing many of the issues. (more…)

♫ If we put our heads together our hearts will tell us what to do…♫

Lyrics and Music by Lorene Allen, Loretta Lynn, recorded by Loretta Lynn and Ernest Tubb.

Now that the 2010 Olympics and Para-Olympics in Vancouver are over and ABA TECHSHOW in Chicago is concluded for another year, it is back to business!

My overview of Techshow 2010 is being published concurrently by the Trial Lawyers Association of British Columbia in their manazine “The Verdict” as well as here, so there will be a short delay while the print version comes out. That post will cover the themes and tips that I garnered from ABA Techshow this year. It was a fabulous program and kudos to all who had a hand in organizing it. Stay tuned!

In the meantime, I thought I would try to highlight one theme that struck me when talking to the lawyers and others who were at Techshow this year. One factor that became apparent was the openness of some lawyers to bring in consultants to assist in the tweaking of the management of their firms versus the (apparent) reluctance of others to do the same. (more…)

♫ What are you doing the rest of your life?
North and south
and east and west of your life? ♫

Lyrics and music by: Alan Bergman, Michel Legrand, Marilyn Bergman, recorded by Barbara Streisand.

Robert (Bob) Denney of Robert Denney Associates, Inc. has just released the February 2010 Communique on What Firm Leaders Should Focus on Now.

With Bob’s permission, here is his communique, which I think is excellent in terms of strategic planning and vision for the year to come:

The economy is recovering although not as rapidly or steadily as we would all like. It is already apparent that this recession will have a far greater impact on the legal profession than any previous recession. Now it is time for firm leaders to shift from survival management to recovery and strategic management. Firms face challenges they have never faced before and for which there are few, if any, precedents. These are some of the areas where these challenges will occur and where firm leaders should now focus their attention.

Leadership and Management: Managers have a short-range perspective. Leaders, on the other hand, need to have a long-range perspective and a vision. They also need to build consensus throughout the firm for achieving that vision. Leadership is different from management. Right now both are critical.

Firm and Practice Management structure: The Managing Partner/President/CEO should focus on strategic issues and external factors – especially clients. But, in BigLaw firms and in many MidLaw firms, this top level manager should focus solely on running the firm and should not have any personal client responsibilities. There should be a senior management team including an Executive Committee, a Chief Operating Officer (or co-Managing Partner) and Practice Group Leaders. All positions should have job descriptions and the partners in these positions need to be given sufficient non-billable time to fulfill their management responsibilities. (more…)

♫ Baby, baby, I’m out on a limb
I’m giving in to you again…♫

Lyrics, music and recorded by Teena Marie.

I wanted to say a most gracious thanks to Steve Matthews and his crew at Stem Legal (Jordan Furlong, Emma Durand-Wood, and Laurel Fulford) for my 2009 Clawbie in the area of Practice Management (tied with Avoid A Claim Blog – Dan Pinnington the Director of PracticePro’s new risk management blog). I also wanted to say a hearty “Congratulations” to all those who won and who were nominated (a complete list of winners can be found here). Well Done!

I didn’t want this to be a typical acceptance speech (which can be rather boring) so I am giving into the urge to go out on a limb (which usually means someone comes after me with a chainsaw….but I digress…) and make some predictions for what will be seen in the 2010 ClawBies and legal blogs in general.

First of all, I think 2010 will be the year of the collective blog. www.slaw.ca is one shining example of what can be achieved by a powerful group of bloggers who have multiple eyes and ears and who are watching the world. Slaw has been recognized internationally for the quality of its work. Frankly I don’t know how a Canadian lawyer can practice today without following it – it is a great way to stay on top of current developments not only across Canada but in the international legal world as well. Hats off to Simon Fodden for herding this particular group of legal cats!

Another great group blog is Lawrence Gridin and Omar Ha-Redeye’s Law is Cool.

Second, individual bloggers will make more extensive use of guest bloggers on their sites. This adds variety and new voices to the mix (and also helps create cross-links). It also builds on the social aspect of blogging.

Third, 2010 will also be the year that legal organizations recognize the value of a blog. The Stream, a collective blog hosted by the BC Courthouse Library Society, illustrates what happens when an organization recognizes the informational value in hosting a blog and looks at how it can provide information differently. Johanne Blenkin and Mandy Ostick are leading the way here. Lang Michener LLP, Davis LLP, Clark Wilson LLP and other law firms fall into this emerging category.

Fourth, I would like to mention a few people to watch in the Canadian legal blogging community:

Doug Jasinki’s new blog: http://legalmarketing.ca/ is one to keep an eye on (disclaimer: Doug and his team designed my blog for which I am eternally grateful). Doug is a very bright light when it comes to online legal marketing and he and his company Skunkworks Creative Group Inc. are doing some truly innovative things in the legal marketplace (see his list of clients here).

Individual bloggers that I find particularly inspiring: Erik Mcgraken, Donna Seale and Jordan Furlong are three to watch, in my humble opinion.

Lastly, there is Steve Matthews. He is a true Canadian visionary when it comes to understanding the entire online social matrix in which lawyers and law firms are working. His work is international in scope and light-years ahead of the competition. He senses oncoming transformation from the briefest puff in the winds of change.

So there they are…baby, baby I am out on a limb again…

♫ In elementary I used crayons, even chalk
I learned to count money before I could read and talk
And my mama told me son, you need to shine
I couldn’t stand at the back, I had to lead the line..♫

Lyrics and Music by Wesley Weston Jr. and Tommy Granville, Jr, recorded by Li’ Flip.

This post is another great Leadership Moment by Beth Flynn of the Ohio State University Leadership Center on how to market yourself graciously to your superiors:

1. Instead of talking about what you did, talk about the difference it made.
2. Instead of talking about what you can’t do, talk about what you can do and what you are learning to do.
3. Talk about your goals and how they will measure your success.
4. Debrief results with your boss candidly and without apologies.
5. Quantify your results whenever you can – I saved the organization $10,000.
6. When you fall short of your goals, ask for feedback, and talk about what you learned about the experience and how you will apply those insights in the future.
7. Talk about your weaknesses differently. Say I want to strengthen my analytical skills rather than I need to be more analytical.
8. Even your challenges are opportunities to demonstrate creativity and problem-solving skills (Scumaci, 2008, p. 33)

Reference: Scumaci, D. (2008). Designed for success. Lake Mary, FL: Excel Books.

Designed for Success is available on loan from the Ohio State University Leadership Center. To borrow this resource or any other resource, please go to the resource search page.

Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.edu. To subscribe/unsubscribe from the Leadership Moments list, send e-mail to: flynn.61@osu.edu.

To be an effective leader, we all need to shine in our own gracious but effective way.

♬ We’ll find another way to dance, we’ll find another way to dance
If you get the chance you must dance, dance, dance….♬

Lyrics, music and recorded by Dan Keyes.

Oct. 2, 2009 marked the latest edition of The Pacific Legal Technology Conference in Vancouver, BC, Canada. With speakers such as Dr. Michael Geist, who spoke on how blogs, Twitter, web sites and other internet-driven collaboration tools have changed how governments shape legislation, it was not surprising that this year’s program saw record attendance numbers!

Other popular session topics were: Going Paperless, virtual lawyering, privacy and security and ethics concerns and of course, iPhones, Blackberries and other smartphones. The conference also dealt with time, task and email management using technology and how to focus your financial system to direct your future and achieve your goals…financial and otherwise. The conference closed to a ’60 Tips in 60 Mins” presentation that saw at least 100 tips being mentioned, displayed and discussed. Copies of most of the power points can be found at: www.pacificlegaltech.com/sessions.html. Written materials (in CD-ROM format) are also available from the conference for $149 + taxes from: info@pacificlegaltech.com.

What was most interesting from my perspective were the comments and discussions that resulted from the sessions. In particular was an email exchange that I had with Grant Sutherland, a lawyer in Vancouver (I have his permission to post his comments here).

He stated that:

“You mentioned that you are a Mac user. After struggling with Vista, I purchased a Mac a year ago and will never go back to a PC. The Mac is terrific!

I am practicing part time. I have office space available at a law firm in downtown Vancouver but spend most of my time working out of my condo. I am 63 years old and have been in practice for 37 years.

There are probably a lot of lawyers like me who are getting a little long in the tooth but don’t want to retire and have a lot of experience and some useful advice to impart to clients and younger lawyers.

Technology allows people like me to work out of my home and assist clients with their legal issues. I have fully embraced technology and am always looking for new tech tips to help in my practice. (Who says you cant teach an old dog new tricks?) Your conference was very timely for me.

You may wish to consider targeting older lawyers who want to transition from an office to a home office. In my view, they are ideal candidates for the tech information you have to offer.”

So I asked Grant what are the technologies that he uses to be a mobile and virtual lawyer. Here is his reply:

“I use a MacBook Air. Weighs 3 pounds. Excellent for travel and taking to meetings locally, Starbucks, etc. I have the Super Drive to plug in to USB if I need to load software or view a DVD. I don’t take the drive with me when I travel. Don’t need it and it is excess weight.

For backup I just bought a 1 terabyte Time Capsule. I also have a couple of USB Flash Drives that I bring with me when I travel.

I have an HP Officejet Pro 7780 All-In-One copier, fax, printer, scanner. For big print or copy jobs, I email The Printing House with a file attached.

I have a Blackberry 9630–the new World Phone. Works on both GSM and CDMA so works most places in the world. I use Blackberry email and instant messaging a lot. Very efficient!

Finally, I have an iPod touch. This is useful when traveling as it has my music, photos etc so it helps to pass the time on aircraft. It is synced with my Macbook Air email through MobileMe so it serves as a backup for my email in case I encounter a problem with my computer.

I closed my downtown office at the end of February and have some legacy PC hardware and software with my accounting information. I am a stickler for precise accounting and I have a bookkeeper that comes in once a week to look after my accounting.”

Grant has found a new way of continuing to practice, in a way that supports his lifestyle and his needs, using technology to reach out to the world (or have the world find him). I would like to thank Grant for taking the time to share his perspective here for others to read and hopefully, emulate.

After all, if we still hear the music once we no longer wish to practice 50+ hours a week in a glass tower, we need to start finding a new way to dance….

♬ This magic moment
So different and so new
Was like any other
…It took me by suprise
I knew that you felt it too
I could see it by the look in your eyes …♬

Lyrics and music by: Doc Pomus and Mort Shuman.

This is a post of the latest Leadership Moment by Beth Flynn at the Ohio State University Leadership Center.   I thought it was excellent and I hope you do to.

Civility (or lack of civility) has been featured in the news this week as we have experienced rude behavior in the government, in sports and at the music awards.  Lack of civility is on the increase – and it does need to be addressed before it gets out of control.  In today’s Columbus Dispatch, Amy Saunders wrote an excellent article on civility titled Rude awakening: Outbursts are in vogue.  Click here to read Amy’s article

If we do not know how the events of the day will unfold, if we cannot see into the future, when does leadership happen?

Answer:  It happens at The Magic Moment.

A Magic Moment is any time we receive information and face a choice – a choice in determining what actions we will take and what we will say.

In working with business people around the world, we have conducted research which shows that just over half of us will say or do something destructive when faced with a stressful situation.  At that critical point, in that “Magic Moment” when people discover that things have not gone the way we wanted them to, their words and body language lash out with harmful messages.

Another large group of people do nothing.  They simply ignore the situation.

These two types of leaders miss the most important decisions that take place during a day.  When missed these Magic Moments, which number in the thousands, breed and feed office elephants.

But other people seize such Magic Moments and use them in their favor.  Life happens (Read: Competition happens, market conditions happen, personnel and supplier issues happen, and so forth).  These leaders recognize an opportunity and leverage the moment to deliver results now – and guarantee greater results in the future (p. 114-115, Vannoy and Ross, 2008).

The Elephant in the Office is available on loan from the Ohio State University Leadership Center.  To borrow this resource or any other resource, please go to the resource search page

Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.edu.

To subscribe/unsubscribe from the Leadership Moments list — send an e-mail to: flynn.61@osu.edu.

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Thank you Beth for all your great work at the U. of Ohio and for reminding us about those magic moments!