♫ The time is right to do it now
The greatest rock’n'roll swindle
The time is right to do it now…♫
Music and Lyrics by Steve Jones, paul Cook, Julien Temple, recorded by the Sex Pistols.
The ABA Journal reported on Feb. 22, 2010 that an email scam was targeted at 6 law firms in Honolulu and two of them fell for the scam, losing a total of $500,000.00.
In this case the clients, who only contacted the firm via electronic communications, “overpaid” the retainer by way of a cashier’s cheque. When informed about the ‘overpayment’, the clients requested a wire-transfer refund.
By the time the law firm realized the cashier’s cheque was counterfeit, the wire transfers were long gone…
The ABA Journal states:
“Law firms and other professional service providers are cautioned to be on high alert when dealing with clients who come forth via the Internet,” the FBI warns. Also, when dealing with wire transfers, firms should be sure the initial payment has fully cleared before issuing refunds.
Law firms should be instituting policies regarding ‘know your client’ as well as policies regarding ensuring that funds deposited to their trust accounts have fully cleared before forwarding these funds along. The swindlers are counting on the fact that there are lawyers out there who have not yet taken steps to follow these precautions; in which case the swindlers are saying….the time is right to do it now…
♫ 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…)
♫ Well, who are you?
Who are you? Who, who, who, who?
I really wanna know…♫
Music and Lyrics by Pete Townshend, recorded by The Who.
A new service has sprung up. It is entitled “Career Excuse.com” Its purpose is to allow you to create false career references for your resume. They state:
Lets say you are applying for a Retail position and have a 3 year gap in your resume you want to fill. CareerExcuse.com has a retail company already established with a 800 number, a real address, a real website, and a real contact person.
Not only do they allow you to ‘fill’ that 3 year gap, they can act as new former job references, complete with: ‘company name, address, “800″ number, company website/Email address , contact name, contact phone number, contact email address’.
You can create your own virtual company answered by a live receptionist, or direct any inquiries into voice mail limbo.
What if someone should happen to call the listed job reference?
When we receive a call inquiring about your references, they will be directed to our human resources dept. where they are instructed to fax, or e-mail, a Authorized Release Form and their Employment Verification Form to a contact person that we provided to you as your new job reference.
It seems their creativity knows no bottom:
Bankrupt companies make a great previous employer
We have created a management company with dozens of bankrupt companies that are ready to provide any inquirer your desired reference information.
Advising on ethics is just another part of their services:
Is misinformation on a resume illegal?
No, Since a resume is not a legal document, it is not illegal to misrepresent on a resume.
Course if the employer should happen to find out about this, ah, deception:
Can I get caught and fired?
We can’t guarantee that you wont and not liable if you do. If you get the job in the first place..we did our part. It’s up to you to act responsible after you get the job
After you get the job?
It would seem that an employer must do their own due diligence by checking #800’s and email addresses against valid sources to ensure that they are receiving valid reference checks.
It does seem that they are careful about privacy:
What about my privacy?
For your protection we do not collect or share any personal information about you, such as your name, mailing address or credit card number. All of your financial transactions are conducted through Paypal, our secure payment processor.
When it comes to hiring people these days, it seems that one needs to carefully ask: “Who are You…who who????” because we would like to know…
Hat tip to Pete Roberts for passing this site along!
♫ Go on take the money and run
Go on take the money and run..♫
Lyrics and music by: Steve Miller, recorded by the Steve Miller Band.
A lawyer in BC has reported that the fraudsters have a new tactic in their attempts against lawyers and their trust accounts.
Past fraud attempts have aimed at trying to have a lawyer immediately forward funds to a client resulting from a ‘collection’ against a debtor that is paid by a forged certified financial instrument that is deposited into the lawyer’s trust account. Now the fraudsters have changed tactics.
Rather than try to convince the lawyer that he or she has just collected a large debt and he or she should send over large amounts of money forthwith, the fraudsters are now simply forging cheques that appear to be trust cheques drawn on the lawyer’s trust account. This way they bypass the lawyer and their firm controls entirely.
This is a straight cheque forgery. In one case that I am aware, a bank cashed one of these forged cheques, only to reverse the withdrawal shortly afterwards and restore the funds back into the lawyer’s trust account.
This behooves lawyers to go online and check their trust account activity on a daily basis…just to ensure that someone hasn’t taken the money and run….
♫ Everyone of them knew that as time went by
They’d get a little bit older and a litter slower but
It’s all the same thing, in this case manufactured by someone who’s always
Umpteen your father’s giving it diddly-i-dee
District was leaving, intended to pay for
Number 9, number 9
Who’s to know?
Who was to know?…♫
Lyrics and music by Lennon & McCartney, recorded by The Beatles.
A bookkeeper of a San Francisco Medical Malpractice and Personal Injury firm Bostwick, Peterson & Mitchell was sentenced just before Christmas to 10 years in State Prison for stealing $9 million US from the firm since 2005 reported Legal Pad in a post on Jan. 6, 2010.
He will go to prison for 10 years; his thefts took place over about 9 years. He stole $9 million; he was ordered to pay $8.7 million in restitution.
Legal Pad stated:
‘While it’s mostly “water under the bridge,” said partner James Bostwick, it does offer some relief. “It took way too long, but of course it’s good to see him transferred from county jail to state prison.”
Bostwick said the firm uncovered Thomas’ transgressions in 2005, when he started acting suspiciously during an audit of the firm’s finances. “He caused a lot of harm along the way,” Bostwick said. “He was a person we trusted for 10 years.” ‘
Such stories make a rather convincing case for good law firm audits on law firm’s trust and general accounts. After all, in every year its all the same thing – a trusted person at the center – who’s to know without an audit?
Simon Chester, a partner at Heenan Blaikie since 2004, is a member of their Toronto Litigation and Business Law groups. His practice focuses on knowledge management, research and legal opinions specifically. He has been a pioneer over the past 25 five years in the application of technology to the practice of law.
Simon studied Jurisprudence at University College, Oxford, and on winning the Canadian Rhodes Trust Scholarship did post-graduate work at Osgoode Hall Law School. After a decade in the Ontario government, he joined another major Toronto law firm as research partner. His earlier career included work as a faculty member at Osgoode Hall, on the research staff of the Ontario Law Reform Commission, and as Executive Counsel to the Attorney General of Ontario.
He has extensive experience in privacy and e-commerce.
Simon has held leadership positions in professional organizations and was the first non-American to chair the American Bar Association’s Tech Show. He chairs the ABA Law Practice Management Section’s Editorial Advisory Board. He served as President of the College of Law Practice Management and as President of the Oxford University Society in Toronto; he is a director of the Canadian Rhodes Scholars’ Foundation.
Simon has often testified before House of Commons and Senate Committees and is a frequent speaker at American, Canadian, Asian and European conferences on technology, international law and law practice management issues. He has contributed articles to the American Lawyer, International Business Lawyer, International Financial Law Review, Law Practice Management, CAMagazine, CBA National, Business Law International and the ABA Journal. He has written chapters for Winning with Technology, The Quality Pursuit, Environmental Rights in Canada and Canadian Legal Practice.
We welcome this opportunity for Simon, a perennial speaker at The Pacific Legal Technology Conference (including the upcoming 2009 version on Oct 2 in Vancouver) to answer 30 Questions for Busy Lawyers who use Technology:
1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc):
Heenan Blaikie is one of the ten largest law firms in Canada, although it is likely the youngest, since the firm was only formed in 1973. Practicing in four provinces, we currently have 495 lawyers, 6 Patent Agents, 67 Paralegals and 519 Support Staff : (which includes legal assistants and administrative staff (Accounting, Human Resources, IT, etc.). The firm’s historic strengths have been in labour relations, film, media and communications, public law litigation, pharmaceutical litigation and business law, but we have lawyers specializing in a vast number of areas from aboriginal land claims, mining project development, to atomic energy to minority language rights litigation. With the exception of the occasional white collar/regulatory defence, we eschew criminal work, and will refer out all family law work. The firm also has an active pro bono practice, and has been involved in a number of high profile recent constitutional challenges. In addition, the firm has an extensive international consulting practice, although this is generally conducted using advanced telecommunications and fly-ins. (more…)
♬ I think to myself living is a winning school
Winning on your feet, winning on the street
Winning as a golden rule
It’s seems there’s always a test
And I’m doing my best
But there still seems a long way to go
I try myself
Trying everything I know
Pushing me so
…
One step ahead
One more step ahead just to get me through♬
Lyrics, music and recorded by Nik Kershaw.
This is the latest in a series of interviews of busy lawyers who use technology in advance of The Pacific Legal Technology Conference, to be held in Vancouver on Friday, October 2, 2009 at the Vancouver Trade and Convention Center. In this interview, we pose our 30 questions for Mark Tamminga of Gowlings:
1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc)
Gowling Lafleur Henderson LLP is one of Canada’s largest national firms with an emphasis in business law, intellectual property and advocacy.
2. When was your firm established?
The firm traces its roots back to the 19th century…
3. Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?
Gowlings is an International firm with 8 offices across Canada as well as offices in London and Moscow.
4. What are the demographic backgrounds of the lawyers and staff in your firm?
Varied – we have just under 700 lawyers and a proportionate number of staff. With that size comes a tremendous range in people. We have been listed as one of the 50 Best Employers in Canada by the Globe and Mail (2009).
5. What prior degrees and/or experience do the lawyers and staff bring to your firm?
Again this is very differentiated. For example, we have the Honourable Martin Cauchon who was the Minister of National Revenue
6. How would you describe the culture of your firm?
Result of the coming together of a whole bunch of smaller firms. Each firm brought their own flavour. I would say it is scrappy – willing to try new things. Open to innovation.
7. Can you describe the firm’s management style?
Consensual. We have a three person executive, a Board of Trustees and an Internal and External Management Committee. The different office managing partners are on the internal committee. The external one is made up of key hitters in the firm.
8. Does technology assist you in the management of your firm? If so, how?
My interest is practice modeling software, which is aimed at production of legal work. In terms of management, we have most of the back office accounting stuff…giving us the firm’s financial performance. GowLINKS is the internal web site for sharing information – the office’s intranet. (more…)
♫ They can’t put out my fire
I’ve got too much desire
I’m reaching for my goal.. ♫
Lyrics, music and recorded by Brian McKnight.
This is post of Beth Flynn’s Leadership Moments newsletter email from the Ohio State University Leadership Center. I thought these Ten Guidelines for Effective Goal Setting were particularly apt and have reposted it here (with permission):
- Effective goals are written.
- Effective goals are written in specific, measurable terms.
- Effective goals can be visualized.
- Effective goals are achievable.
- Effective goals have realistic deadlines.
- Effective goals are manageable.
- Effective goals are analyzed for their potential problems.
- Effective goals require action to eliminate or minimalize the consequences of potential problems.
- Effective goals include a regular review of progress.
- Effective goals yield rewards that are of value to you (Wilson & Dobson, 2008, p. 4-8).
From: Wilson, S. B. & Dobson, M.S.; 2008. Goal setting: how to create an action plan and achieve your goals. 2nd edition. New York: Amacom. Goal Setting 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 http://164.107.48.88/
Learn how the Ohio State University Leadership Center is strengthening tomorrow’s leaders today at http://leadershipcenter.osu.
To subscribe to the Leadership Moments list — send e-mail to: flynn.61@osu.edu
INSPIRE.LEAD.EMPOWER
Beth Flynn, M.S.
Leadership Consultant & Trainer
OSU Leadership Center
2120 Fyffe Road, Rm. 109
Columbus, OH 43210
614-292-1251 (phone)
614-292-9750 (fax)
flynn.61@osu.edu
http://leadershipcenter.osu.
The OSU Leadership Center…where we inspire others to take a leadership role that empowers the world.
—
Hopefully these tips help you reach for your goals!
♫ Heigh-ho, Heigh-ho
It’s home from work we go…♫
Music by Frank Churchill, Paul Smith, Leigh Harline, from Snow White.
This is the second in a series of posts in advance of the The Pacific Legal Technology Conference to be held in Vancouver, BC on Friday, Oct. 2, 2009 (www.pacificlegaltech.com) under the category “30 Questions for Busy Lawyers who use Technology”. In this post we are interviewing Nicole Garton-Jones, a solicitor in West Vancouver, British Columbia, who leads a unique high-tech virtual law firm entitled: “Heritage Law”. Here is Nicole’s interview on how she and her firm, use technology:
1. Could you briefly describe your firm:
Heritage Law is a boutique law firm with four lawyers and six support staff that specializes in wills and estates, family law and mediation.
2. When was your firm established?
In 2005.
3. Where do you practice?
Our main office is in West Vancouver, BC. We have a satellite office in Vancouver, BC for meeting with clients. We are also virtual in that all staff log into one remote, secure server over the Internet, which is a repository for all firm data and software applications. Many of the staff work as independent contractors from their home offices.
4. What are the demographic backgrounds of the lawyers and staff in your firm?
We are all women and most of us are working mothers.
5. What prior degrees and/or experience do the lawyers and staff bring to your firm?
Various. Nicole Garton-Jones was formerly an associate in two large law firms. Karen Redmond is a former teacher and business owner. Tanya Murray practiced corporate, securities and commercial law for 12 years. Myrle Lawrence was a solo wills and estates solicitor for 27 years prior to Heritage Law purchasing her practice. Our paralegal Elizabeth Markus has a Master’s Degree in medieval art.
6. How would you describe the culture of your firm?
We have an innovative model of legal practice, centered on the concept of how to enable both work life balance for our staff and maintain top service levels for our clients. (more…)
♫ Take me to the magic of the moment
On a glory night
Where the children of tomorrow share their dreams
With you and me…♫
Lyrics and music by: Klaus Meine, recorded by The Scorpions, “Wind of Change”
“The only constant is change.” Ηράκλειτος (Herakleitos; Heraclitus) of Ephesus (c.535 BC – 475 BC)
Howsoever that statement is true, it is inaccurate in one respect – it suggests that change is constant but in fact, I believe it is actually accelerating (second derivative > 0 if you look at it in mathematical terms).
Change occurs all around us – most of the time we accommodate to the change but there are instances when we must ourselves be an agent of change. Sometimes that change is relatively small and the consequences relatively inconsequential – but there are occasions when much rides on the change and the successful implementation of same.
Today any managing partners’ skill set must include the ability to successfully implement change. There are instances when that change is personal, there are times when that change relates to a department or team, and there are occasions when that change relates to an entire organization or system. One other thing is constant – one cannot sell change. For change to successfully occur, others must be brought into the equation and become supporters of change themselves. Of course there is planning, communication, consultation and hopefully, agreement followed by action.
Implementing change means seeking ways to overcome skepticism, passive/aggressive tactics and at times, outright resistance. Some of the elements of implementing change successfully are:
(1) Begin with the end in mind: Covey’s advice is apt – know what the goal and success look like and how the organization will be improved by the change. By having a firm vision in your own mind of where the change is headed, you can help others in their understanding.
(2) Build the business case: Lay out the reason(s) for the change from a business perspective. Everyone recognizes that organizations have to adapt – having an explicit business case shows that you have done your homework.
(3) Involve others: Top-down mandated change may be effective in a crises, but in most other settings it rubs people the wrong way and is counter-productive to successful change management. People want to be involved, they want to be able to have input and a voice and they want their concerns to be heard.
(4) Communicate: This means mostly listening. Most often when a change is sought, management spends most of their time talking – trying to persuade or pressure others into conforming. Personally I think this is the wrong approach. Management should spend time laying out the vision and the goals for the desired change – and then sit back and let those who have to deal with the change ask questions. Management gains credibility by listening to those questions and answering them if they can or by stating: “That is a really good question. Let us think about that and get back to you by {date}.” If you follow through and provide the requisite answer, you communicate that you care about the questions and the effect of the change on your staff and you are actively looking for ways to accommodate their concerns.
(5) Seek the Third Way: This is a powerful technique. When you know the goal and are aware that there are many paths that lead to that goal, you can open yourself up and be prepared to accommodate ways that meet others’ needs. Thinking win-win is another way of stating this technique.
(6) Seek Face-to-Face Time: Email, memos, policy and procedure manual changes and similar communications all have their place to provide a written reference of the proposed change. Nevertheless, they are not a substitute for the opportunity to meet and discuss perspectives and concerns; particularly when dealing with the sensitive parts in the change process and when you need to develop understanding – on both sides of the change.
(7) Develop a Sense of Timing: We have all seen instances when the timetable for implementing a change was introduced before there was any consensus achieved over the need for the change. I think that is a mistake. If you start with laying out the proposed change and your vision for the change without discussing timing, you should arrive at a point when people say: “Ok, I see the need for this …now ..when are we going to do this?” At that point people have moved on from debating if the change is going to happen to becoming involved with the process of how the change is going to be implemented. You have successfully engaged these staff members and brought them onto the change management team.
(8) Act the Part: Many people think that to appear a strong leader, they also have to appear like they have all the answers and fall into a command role. The truth is that the most powerful leaders are those who treat others with humility, respect and integrity and have the patience to understand that change takes time.
(9) Empower People to Act: In order to implement change, you will need to empower early adopters to become agents of change. Provide support and recognize achievements. Foster (and model) the kind of behaviours that you wish to see.
(10) Use S.M.A.R.T goals: SMART goals are Specific, Measureable, Attainable, Realistic and Timely. Rome wasn’t built in a day (as my mom says so often) and change should not be expected to be achieved overnight. By having smaller discrete goals that result in the achievement of the overall vision, you have let people climb to new heights using small stairs rather than a single bound (which, as we all know, was only possible if you were Superman).
(11) Keep the Energy Going! When the going gets tough, the staff will be looking to their leader for encouragement and inspiration. Churchill had nothing to offer to Britain at the height of the Blitz but the glimmer of hope and hard work. Or as he put it: “Success consists of going from failure to failure without loss of enthusiasm.”
(12) Lastly, Institutionalize the Change: Reward those who assisted with the change and acted as change leaders. Place them in new positions in the organization if possible to serve as change agents in the future. Recognize and celebrate your success!
Finally recall that dependable, reliable steady-as-you-go personality types are not the ones who welcome change – they see change as a threat and a risk. Law is also not a fast-changing profession. Accordingly, I think that adapting law firms to see change in a positive light is a uphill battle. But law firms and legal organizations must change and adapt to survive; the managing partner and law office administrator will need this skill in order to ensure the viability of their organization and have it weather the wind of change.