♫ What a feeling.
Bein’s believin’.
I can have it all, now I’m dancing for my life.
Take your passion
and make it happen..♫
Music by Giorgio Moroder, lyrics by Keith Forsey and Irene Cara
Having returned from speaking and attending ABA TECHSHOW 2008, I now have the perspective of time to reflect on what I saw and heard and discern the trends and emerging issues that flowed from the conference.
First off, there were many new faces at Techshow this year, particularly among the speakers. This was a good thing as the introduction of new ideas and perspectives that fresh blood brings to the conference cannot be underestimated and Techshow does a fine job of this. There were also many new vendors on the exhibit floor and that added a degree of novelty to the conference as well!
The social events (Techshow after Dark, the Techshow speaker dinners) were a great success, even if the band at Techshow after Dark was a bit loud. The attendees were wonderful - they came loaded with lots of questions, terrific comments and suggestions and fully contributed to the sense of sharing and knowledge exchange that is so much a hallmark of ABA TECHSHOW.
In terms of the undercurrents running through the educational sessions, certainly e-Discovery continues its relentless march through the legal corridors, transforming everything in its path. It is difficult to believe that there is any litigation lawyer in North America today who is not at least aware of the need to consider the implications of electronic evidence in virtually every case.
It was reassuring to see the emphasis given to two closely-related issues: Records Management and the Paperless Office. These two go hand in hand, in my opinion. Furthermore, I saw a sea-change at this year’s TECHSHOW - and that was the overall acceptance that integrated case (or practice management) and legal accounting software is the foundation on which any law firm should now be built. Virtually all lawyers (at least at TECHSHOW) now recognize that these products are not only getting better and better (Amicus Attorney+ Amicus Accounting, LexisNexis Front Office and Back Office (Time Matters + PC Law), Practice Master + Tabs 3, LawStream, ProLaw etc) but they save a tremendous amount of time and effort as well. Furthermore, they are now being integrated into the paperless office, which only increases the scope of their use and reach.
Two other related issues: IT Security and Privacy were also big and will only get bigger as we move to a fully digital law firm and concerns over personal privacy and identity theft continue.
And lastly I was most impressed by the emergence (or should I say, surge in interest) of using a Mac in a law office. These sessions were very effective in not only demonstrating the usefulness of this platform and the benefits that it offers; they also pretty much debunked most *if not all* of the myths that Windows and IT staff put forward to stop a Mac from being used in a Windows-centric office and network.
A cultural trend was the sheer number of people (mostly faculty!) who were actively blogging as the conference went on. The list included: Kevin O’Keefe (Real Lawyers Have Blogs), Sharon Nelson (Ride the Lightening), Dominic Jaar (Wines and Information Management), Tom Mighell (Inter-Alia), Jim Calloway (Law Practice Tips Blog), and many others! Indeed, I smugly did a blog post on the Keynote Speaker Marc Rotenberg while listening to the presentation right from the ballroom floor, only to find that Reid Trautz (Reid My Blog!) seated right behind me, on his MacBook Pro, had beat me by posting to his own blog moments before on the same topic (if anyone thinks that there isn’t any competition among bloggers, think again!). How cool is that?!!
Notable and cool speakers for me were:
Tom Mighell (*the Chair of this year’s Techshow*) who did a great job in interviewing the great Keynote Speaker Marc Rotenberg, Executive Director of the Electronic Privacy Information Center (EPIC.ORG). Steve Best, my co-speaker in Drafting Bills Your Clients Love to Pay was exceptional and made my job effortless. Ben Stevens, who did both sessions in the Mac Track, was terrific.
And of course the speakers on 60 Sites in 60 Minutes (Tom Mighell, Reid Trautz and Craig Ball) and 60 Tips in 60 Minutes (Brett Burney, Barron Henley and Sharon Nelson) were funny, entertaining and also informative in continuing the fine TECHSHOW tradition of these sessions!
This was a wonderful TECHSHOW - and I can’t wait for the 2009 version when my fellow Law Practice Magazine Profitability co-columnist Laura Calloway takes over as 2009 TECHSHOW Chair! This is one conference that is is sure to stoke your imagination and take your passion and make it happen!
♫ How do we ever keep this secret
How do we keep it in the dark…♫
Words and Music by A. Wilson, N. Wilson, A. Hammond, H. Knight, recorded by Heart.
I have just heard Marc Rotenberg, the Executive Director of the Electronic Privacy Information Center (EPIC.ORG) in
To say that he was effective at putting the fear of God into the audience regarding the privacy, or lack thereof, of your information on the Internet, would be a gross understatement.
Along with a number of highly interesting issues that he raised (in light of the Spitzer resignation) he dealt with the issue of the collection, retention and pervasiveness of personal information when using most internet search engines, web mail services, IM services and the rest.
When you consider that web search histories, emails, IM Chats and the like could be demanded from third party providers and these demands could include solicitor-client communications or research being conducted for a client, the collection, use and disclosure of this data takes on particular importance.
This raised the inevitable question: “Just how do you protect yourself when using the Internet?” Marc responded by referring to the EPIC Online Guide to Practical Privacy Tools. This web page lists links to services that allow you to send ’snoop proof email’, surf anonymously, block ads, cookies and spyware, call using VoIP in a private manner, use secure instant messaging, ecrypt and erase files and information on your computer, set up secure firewalls and much more.
This is a treasure trove of information for anyone who is concerned about their information being available on the web. They also help lawyers answer the question of how do they keep things secret….
♫ What the people need
Is a way to make em smile
It ain’t so hard to do if you know how
Gotta get a message
Get it on through
Oh now mama, don’t you ask me why
Oh, oh, listen to the music…♫
Words and music by Tom Johnson, recorded by The Doobie Brothers.
Kevin O’Keefe’s “Real Lawyers Have Blogs” blog was kind enough to start a series of Q&A posts regarding the upcoming ABA TECSHOW in Chicago on March 13-15, 2008 with yours truly. Rob LaGarta did the interview:
David Bilinsky of Thoughtful Legal Management [LexBlog Q & A]
As the ABA TechShow draws nearer, you’ll start to notice certain LexBlog Q & As that bear the TechShow’s badge (above) in place of our guest’s photo. This is your indicator that the interview you’re about to read is with a legal professional scheduled to present at TechShow, and that at least a portion of our conversation is focused on the event.
Our first guest is David Bilinsky, Practice Management Advisor and staff lawyer for the Law Society of British Columbia and author of the blog Thoughtful Legal Management. Dave will be speaking on two panels at TechShow:
- “Records Management Technology: It’s A Small World After All”, with Jesse Wilkins (3/13, 4:15-5:15 p.m.)
- “Drafting Bills Your Clients Will Rush To Pay”, with Steve Best (3/14, 1-2 p.m.)
Find out more about Dave’s blog and his goals for TechShow after the jump.
…
In the interview I talk about new ABA Techshow speakers including Kevin O’Keefe himself, Nils Jensen from Victoria and Dominic Jaar from Montreal, among others.
What is interesting is that Rob asked about where did the idea come from about using music lyrics to start my posts. You have to read the full answer on Kevin’s blog - but: “What the people need Is a way to make em smile
It ain’t so hard to do if you know how..gotta get a message, get it on through..oh oh, Listen to the Music….”
♫ So you got the looks but have you got the touch
Don’t get me wrong, yeah I think you’re alright
But that won’t keep me warm in the middle of the night
That don’t impress me much…♫
This week I had the pleasure of moderating a panel of distinguished corporate counsel for the Legal Marketing Association - Vancouver Chapter speaking on: How in-house counsel view their lawyers, law firms and their marketing and business development efforts.
Panelists were Marie-France Leroi, Senior Counsel at Terasen Inc, Gigi Chen-Ku, General Counsel for Translink, Heather Northrup, Senior Counsel with RBC Financial Group and Sue Doi, Counsel for Intrawest ULC. There was a great deal of discussion on the topic on how outside counsel can best work with in-house counsel. During the presentation we had a question from the floor that opened up a whole new area of discussion …and that was novel and interesting as well.
The question was in the context of the corporate client wanting to provide feedback to the outside firm - but the outside firm never appearing open or willing to hear the message. Worse, the danger signs are there for the outside law firm - calls by in-house counsel are not being returned promptly, the invoices appear to include ‘education time’ for the associates, the firm now appears to have an attitude of ‘entitlement’…among others. So the question is - what is the best way for the outside firm to hear the message early enough to prevent the loss of the client?
The solution that was proposed from the audience (some of the best tips come from the attendees during presentations!) was for the marketing department to establish one person…call them a client concierge…to establish a line of communication with the client. The client concierge would be there to act in a similar manner to a concierge in the best hotels…to ensure that the questions and needs of the hotel guests are being met. The client concierge can hear the concerns and questions of the client - and ensure that they are directed to the right people in the law firm - and act as an early-warning system to ensure that the law firm is not only attentive to the client but is seen as being proactive and open. This implicitly recognizes that while the legal services may be top-notch, the service levels surrounding the delivery of those legal services may not be.
It is an interesting concept and one that recognizes that the firm as a whole is a team and the team has an overarching reason (*or reasons*) to ensure that the client is happy and has an open channel to raise small concerns before they jeopardize the entire client relationship. It is really a question of client ‘handling’ and ensuring that the firm has the right ‘touch’ for the client and continues to impress the client with all that they do.
♫ Must I forever be a beggar
Whose golden dreams would not come true
Or will I go from rags to riches
My fate is up to you.. ♫
Words and music by R. Adler & J. Ross, recorded by Elvis Presley.
History teaches us that men and nations behave wisely once they have exhausted all other alternatives, according to Abba Eban. By reviewing the alternatives that others have exhausted before us, the hope is that we can then learn from their wise advice. Here then, are further tips in the history of legal financial management:
- Establish an adequate credit policy
Always, always take trust deposits (advance fee retainers) and never work once your advance fee retainer is exhausted. Have a client engagement letter that clearly sets forth that a client’s trust balance must be in the black at all times or a firm will cease work, will seek to be removed as counsel of record and will return files back to clients (always check on the ethics of withdrawal in your jurisdiction in any particular circumstance for non-payment of your fee). Do not make exceptions. Have your practice management system set up to warn you well in advance of the exhaustion of retainers so that you can write to the client and tell them of what must be done and by when on their part in order that you continue with the file on your part.
- Become comfortable discussing fees with clients
Quick question: What should always be found at a birthday party and never on a legal file? Answer: A surprise. Clients do not like surprises, especially if they relate to the size of an account. This can be avoided by telling the client at the first meeting what you charge, how you charge and when you charge and what you expect from the client. Do not be afraid of scaring off the client – a client who is unwilling to face the cost of a legal procedure at the outset is not likely to change their mind at the end of the file. Better to put your time into marketing and attracting the type and class of client that will pay your accounts than putting that time into a file on which you are not going to get paid.
- Track your time
The first step in determining whether you were profitable on a sale of a service is being able to determine the costs of services delivered. To do that, you need accurate costing mechanisms that can include both direct and allocated (or fixed) costs. Direct costs are your time, and any direct disbursements incurred for the file (court reporter fees, filing fees etc). Allocated costs are the file’s share of the office overhead – staff salaries, rent, insurance fees, electricity rates etc. Since the biggest direct cost is the time that you put into the file, you cannot determine what a file cost you to produce unless you can track the time you put into the file – billable, non-billable, written-off etc. Why is this important? When it comes time to distribute funds among partners, not knowing the true costs of the files worked on can lead to gross inequities. For example, let us look at two files, each of which generated $100,000 in revenue (after disbursements). File A took three years and involved 400 hours of legal time (at $250/hr = $100,000) + hundreds of hours of staff time. File B took six months and 100 hours of legal time (at $250/hr = $25,000) and the same amount of staff time. Which file was more profitable? Not only was B more profitable, you could argue that File A resulted in a net loss to the firm since the total of legal and staff costs exceeded revenues. Yet, in most eat-what-you-kill systems, each file would be treated equally when it comes to determining partner compensation! Financial cost analysis can help you determine which files and practice areas yield the greatest return to the firm and which are black holes
- Use current and former clients as marketing tools
It is well understood that the best source of repeat and referral business is from existing satisfied clients. What is needed is a communication method to make past clients still feel like they are part of the firm and inform them of the services that can be rendered by every member of the firm. A newsletter – hardcopy or electronic, that provides updates on the firm and topical news on areas of law that are of interest to the readers – is a very good way to continue to foster the relationship. The readers will then have you and your services somewhere near the top of their minds and will be able to provide a quick recommendation when the need arises. There are of course, many other ways of marketing your services to your past and current clients. A good source of information and tips are: the Legal Marketing Canada Blog by Doug Jasinski, the Law Firm Web Strategy Blog by Steve Matthews and The Lawyer Coach Blog by Allison Wolf, who is the past-Chair of the Legal Marketing Association, Vancouver Chapter (*and of course, the LMA itself!).
- Establish your own financial nest egg
There are ways to ensure your financial future – today. Set up at least one financial institution to automatically pull and invest money from your checking account every month. It will take perhaps a few hours in total to establish and then you’ll be investing, in good times and bad, without doing any work at all. You can set up instructions on how those funds are to be invested – in stocks, mutual funds, term deposits – but the important fact is to start planning for your retirement – now. Once the account is established – take an interest in it and check it daily – to find out how you are doing. Measure your return against stated goals – determine if you are being well served by your financial advisor. Remember that you may lose in the short term – but over the long haul you will be adding to your financial stability and resilience.
- Don’t use the Lottery as a partnership retirement plan
One of the major issues facing smaller firms is dealing with the introduction of new partners and the funding of the buyout of existing but aging partners. Not having a succession plan in place that compensates the aging partner over time by establishing a retirement fund leads to the firm being unable to attract new partners - as any interested new partners who are on the upswing are most likely unwilling to contribute their billings to fund the exit of a diminishing partner. Furthermore, the lack of any retirement planning results in partners staying on in practice simply to maintain a cash flow and not for any compelling business reasons.
- Don’t forget how to Smile!
How do you greet your clients? Recall that attitudes are contagious – does your reflect that you are busy, happy and looking for more? Clients desire lawyers that are successful – and look for lawyers that act that way. Being glum about the stock market or your finances and the state of the economy etc may reflect the way you feel, but it may not be the best client development and retention tool. It also may not be a great way to approach your finances and your financial planning. Being cautiously optimistic allows you to keep your cynical side on alert while also exuding an air of confidence and competence to those around you. It may also be beneficial to reflect that notwithstanding the downturn out there, our predecessors have faced worse (the ‘29 crash was much more personally devastating and longer lasting).
Ambrose Bierce, never known as an optimist, said that history was: “An account, mostly false, of events, mostly unimportant, which are brought about by rulers, mostly knaves, and soldiers, mostly fools.” However, Johan Huizinga said that: “History is the interpretation of the significance that the past has for us.” Whether we are an optimist or a pessimist, our fate, whether rags or riches, lies in our hands.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫ The bells are ringing
The song they’re singing
The sound is bringing the people ’round
They hear the instructions
They follow directions…♫
Words and music by John Flansburgh and John Linnell, recorded by They Might be Giants
Tip from Thomas M. R. Irwin, a lawyer in North Saanich, BC, Canada:
Dear Dave:
Just a note of thanks for your feedback and info about an office move. On December 20 I closed my office in “downtown” Sidney and moved it to my home office in North Saanich (10 minutes away). My wife Gillian (who is my conveyancer) and I have been delighted with the move. Yes clients can actually find us at the end of a rural road and they actually seem to enjoy the extra 10 minute drive in the country to come and see us. I am enjoying making house calls to see elderly clients who used to walk over to my office in Sidney.
In your latest BarTalk acticle [editor’s note - I will add in the web link as soon as the BarTalk people take away the password requirement- sigh] about retirement you talked about the change in firm financial models with more of us wanting to work part time - I have the answer - electronic commuting, the part timers don’t need a full time office space at the firm - they can set up home offices, schedule office appointments for specific days that they come into the firm office. Dictation and document work as you know can all be done online/email. The Firm may even be able to downsize because they don’t need as much office space.
I think this is an excellent tip on how to downshift and move into a more flexible work schedule without the overhead of a full-time office constantly hanging over you. Courtesy of the Internet, more and more lawyers will be able to work at least part of the time from their home or other location, meeting the need to see clients at their places of business if necessary. In Tom’s case, the clients hear the instructions and follow directions to his home office!
♫ So let your light so shine before men
Let your light so shine… ♫
Music and new lyrics by Stephen Schwartz.
We live in a dark, conflicted and confusing time. On one hand, we have never been so much in need of real leadership. We have international, national and regional corporations, non-profits and other organizations of all sizes looking for leaders. People are bemoaning the lack of enlightened and selfless leadership in politics and government. On the other hand, there has never been a time where so few real people are seemingly coming forward to serve as leaders to light the way. Wirthlin Worldwide (now Harris Interactive) reported in one of their studies that about 60% of current corporate CEO’s did not want to take their present job.
A 2003 Greenfield/Belser survey found that one clearly distinguishing characteristic between extraordinarily successful firms and failed firms was their willingness to be innovative. Successful firms were much more open (in a statistically meaningful way) to implement innovation into their firm. As we all know, willingness to innovate is clearly tied to the leadership in the firm. If the leadership of the firm understands the relationship between strategic goals, innovation and success, if it works at consensus building around those strategic goals and provides meaningful metrics, feedback and mentoring around attaining those strategic goals and encourages all firm members to embrace change, then the firm has taken many of the steps necessary to transform itself into a extraordinarily successful firm.
I have spoken many times of the paradoxes involved in the management of a law firm. Here is another. On numerous occasions I have heard senior partners express the need for training and mentoring for their younger members to bring them up to speed and turn them into successful lawyers and future partners. However, there is an equal need to take senior partners – who are successful in practising law – to train and mentor them to bring them up to speed and turn them into successful business leaders. These partners, in turn, having acquired the vision and the necessary leadership skills, can take the firm and start to transform it from an aggregation of successful lawyers into a cohesive legal team with a shared culture and shared goals that is actively seeking the next level of performance. That skill set is markedly different from the skill set necessary to manage and run your own practice and book of business. In many cases firms have realized that it is more productive for all concerned to bring in professional managers to take over the management of the firm and relieve the partners of this day to day chore. However, this does in no way abrogate the duty resting on senior partners to be active leaders of their firm. As we all know, managers do things right – leaders do the right thing. It is the continued setting and attainment of strategic business objectives that will keep the firm moving in the right direction and continuing to embrace change.
How do you start on the road to change your senior lawyers into leaders? First, no longer be complacent about your current performance. Notwithstanding that your partners may be successful and happy about their current level of income and operating status of the firm, you have to remind them that in spite of the fact that they don’t wish to change, the world (especially their clients) are constantly in a state of change around them. Competitors are constantly working on their own aggressive business plans and are aiming to capture your clients. For example, if you have a dependency on only a few major accounts, then your firm is vulnerable to a major economic upset if one of those major accounts should leave. Your long-term existence as a firm is dependent on your continued development of leadership – just reflect for a minute and you can recall the names of law firms that no longer exist today. There is no law yet written that states that your firm must be in business tomorrow.
Secondly, expose your major partners to new ideas and developments in the business arena that are outside of the law. Lawyers tend to narrow their practice focus – for obvious reasons – but this constant narrowing and development of their legal skills removes them from exposure to bigger ideas and new developments in other fields. Send your people to ‘thought conferences’ – gatherings that are not CLE-oriented but rather are aimed at developing business, strategy or inter-personal skills - that will immerse them in a nutrient-rich environment of ideas. Have them serve in leadership positions in other community-service organizations – where they will come into contact with leaders in other fields - and bring that wealth of experience back to the firm. Have the firm take on an important pro-bono file that serves to benefit both society as well as the partners by connecting to their inner ‘higher calling’ and sense of purpose and serves as a leadership example to other members of the firm.
Thirdly, have your senior partners demonstrate the most important leadership quality of all – to become a living example of the qualities that they wish to see reflected in their associates and junior partners. If we are to develop lawyers into future leaders, we need to foster and encourage those who can clearly demonstrate that they can indeed, walk the talk. This is not a modern management principle. One of the earliest statements of this idea is as follows:
“The soul is dyed the color of its thoughts. Think only on those things that are in line with your principles and can bear the light of day. The content of your character is your choice. Day by day, what you choose, what you think, and what you do is who you become. Your integrity is your destiny … it is the light that guides your way.” Heraclitus (?535BC-475BC) Greek Philosopher
Our own collective future is premised in part on senior partners developing their inner leadership skills in order that they can ignite their own light for it to shine before others.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫ I would have lost it all,
But I now how I see how you were there for me and I can say
I’m stronger, I’m wiser, I’m better,
much better,
And I can say
Never would have made it,
Never could have made it,
Without you…♫
Words and Music by Marvin Sapp.
In discussing law practice management with lawyers and others in presentations, it has quickly become apparent that the process of sharing information is one of the most beneficial aspects of getting together and discussing matters of common interest. Accordingly, I would like to take this concept and apply it here - and make this forum a place where those interested in law practice management can email to me or post a question. I can take these questions and create a new posting based on the question and see the collaborative results from everyone then posting comments thereto.
So this is the invitation to all readers to post a question, comment or issue by either completing a ‘comment’ or by emailing your question to me at: info@thoughtfullaw.com. It is my expectation that the collection of questions and comments can become a repository of information that is practical and useful to others. I am hopeful that we can create an on-line community whose overriding interest is in sharing information amongst each other in order that all of us can say that we are all stronger, wiser and better!
♫ Here Comes the Night… ♫
Words and Music by Bert Berns, recorded by Them (Van Morrison).
ABA TECHSHOW
Here it comes – ABA TECHSHOW 2008! This is *the* legal technology program for lawyers and anyone involved in the delivery of legal services. For three days,
This year BC Crown Counsel Nils Jensen will be one of TECHSHOW’s new speakers, speaking on his innovative use of technology in the courtroom. Other Canadian speakers (full faculty listing can be found at: http://www.abanet.org/techshow/faculty/index.html will include Dan Pinnington of LawPro, recently appointed Judge Carole Curtis (who was until recently a Bencher of the Law Society of Upper Canada), Dominic Jaar, a litigator with
If you are a Canadian Bar Association member, you can save $100 off the registration fee (the CBA is a program promoter of TECHSHOW). Techshow is March 13-15, 2008 at the Chicago Hilton Hotel.
You will welcome the opportunity to go to a Chicago Blues Bar just to relax by the time Saturday evening hits, and say: “Here comes the night!” For more information go to: http://www.abanet.org/techshow
♫ Come together right now over me ♫
Words and Music by Lennon-McCartney
I have been remiss in making a new post due to my scrambling to finish my papers for two presentations at ABA TECSHOW 2008 in Chicago in March. Papers are due this Friday!
This year’s rendition of the Worlds Premier Legal Technology Conference promises to be as good, if not better, than all past Conferences. I find the quality of the discussions between presenters and attendees, the first-class presentations and the ideas that crackle in the air to be a fairly heady mix! For anyone looking for new approaches, concepts, applications and inspiration, this conference is an extremely nutrient-rich environment!
I also hope to again co-host one of the Taste of Techshow dinners…so if you are coming to Techshow, sign up for my dinner and we can chat in person at one of the fine restaurants in Chicago!
Check out the schedule and hotel and travel information on the Techshow web site. Oh and come to my sessions: Records Management Technology: It’s a Small World After All and Drafting Bills Your Clients Will Rush to Pay.
See you there - March 13-15, 2008.
Come together..right now….over me!