♬ we never say no
satisfaction guaranteed
superior quality
we innovate, never imitate
unrivalled, unparalleled
at your service
we aim to please
we never miss a trick…♬

Lyrics, music and recorded by CLIEИT.

This is another great guest post by Bob Denney.  In this post he is focusing on the importance of client service.  Years ago, Milton Zwicker, a good friend and colleague in Ontario wrote about ‘the client-centered law firm’. It is great to see Bob pick up on this idea and run with it. Accordingly, here is Bob’s post:

In today’s extremely competitive legal market, many firms talk about the importance of cross-selling – or cross-marketing if you prefer – their clients. The problem is that you must serve the client before you can cross-market the client. Too many firms fail to realize this. As a result, their cross-marketing efforts often fail. The first step in developing additional business with clients is client service. Here’s a brief list of some of the more important points to keep in mind in developing and implementing a successful client service program.

• The goal should be outstanding client service. “Satisfactory” or “good” isn’t good enough. Many clients can’t evaluate the quality of legal work. Therefore, the level and quality of service is often the only factor that distinguishes one firm from another. (more…)

♬ This is real, this is me
I’m exactly where I’m suppose to be, now
Gonna let the light, shine on me
Now I’ve found, who I am
There’s no way to hold it in
No more hiding who I want to be
This is me…♬

Lyrics and music by: Andy Dodd and Adam Watts, recorded by Demi Lovato.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center. It continues the dialogue in the area that I believe is so important for lawyers today: Leadership. In particular, it discusses how to be authentic in a leadership role.

Dictionary.com defines Authentic (adjective) as: not false or copied; genuine; real: an authentic antique. I think this is the essence of leadership: you must find your own voice and style – copying someone’s else’s leadership style won’t work. Here is Beth’s post on being an authentic leader:

• Just do it.  Invest in yourself by doing the work you must do to truly know who you are – your life story, the things that shaped you, and your disappointments and failures.  Own yourself and who you really are.  This is what allows others to connect.  There is no one who can do this work for you.
• Trust the power of allowing others to know you.  Even though it can seem scary, and it requires the willingness to be vulnerable, it is the key to influence.  The real you – no imitations or role-playing – is what people want to know, and the real you is the person to whom they will commit.
• Find the courage to be yourself when the pressure of leadership tempts you otherwise.  There is nothing more comforting to others, especially in times of stress, than to realize that you know and trust yourself.
• Declare yourself worthy, adequate, and deserving of the job you have.  Don’t doubt yourself if you expect others not to.
• Be careful about “trying” too hard to be authentic.  Being yourself should feel easier than being the image you think others want of you.  Don’t be authentic in the same way someone else is – do it your way.
• Seek feedback from a wide group of your followers.  Try to use it diagnostically, to improve, not as a threat to your self-image, self-esteem, or self-worth.
• Stand on personal courage to create leaderships.  You will be rewarded with loyalty (Hamm, 2011, p. 29).

From:  Hamm, J. (2011).  Unusually excellent:  the necessary nine skills required for the practice of great leadership.  San Francisco:  Jossey-Bass.

Unusually Excellent is available from the OSU Leadership Center. Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be an authentic  leader.

♬ Skeleton we have been friends for years
…
And you, you’ve got me standing in an awkward position
With unwanted attention and a need for explanation…♬

Lyrics and music by Katie Nash & Alejandro Tovar, recorded by Katie Nash.

This a guest post by Sharon Nelson, Esq and John Simek.  Along with the fact that Sharon and John are very good friends, Sharon is also a fellow past-Chair of ABA TECHSHOW.  Sharon and John are life-partners as well as business partners in the legal and forensic information technology worlds. So here is their excellent article on managing legacy data:

Lawyers and their clients are looking for expert advice on how to manage legacy data. Law firm leaders and managers have a responsibility to their firms, and to their clients, to be informed about how to properly store and steward electronic data. Traditionally, many law firms and their clients have simply “kept everything.” After all, storage is cheap – and many businesses have not wanted to spend adequate time, money and other resources to figure out what to do with all of the old data.

The concerns and responsibilities surrounding historic files and e-mails have expanded beyond e-discovery advice into proactive information governance policies and procedures. Law firms and business organizations alike tend to keep data storage devices such as backup tapes, old CDs, thumb drives, cell phones, and other media etc. well beyond what their compliance requirements or business needs dictate. These so-called “skeletons in the closet” pose a major problem when the organization gets sued or subpoenaed because all that dusty, forgotten data is suddenly potentially discoverable. If a company has thousands or millions of backup tapes, the problem is greatly magnified. By being advised about, and recommending proactive management of legacy data, law firms will be saving themselves and their clients distress and major expense down the road. (more…)

♬ If you wish to be the first you must seek
To be a servant, to be a servant of all…♬

Lyrics, music and recorded by David Haas.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center.  It deals with a concept that I personally see offering a great deal of personal growth and possibility for real change:  servant leadership.

Wikipedia defines servant leadership as follows:

Servant leadership is a philosophy and practice of leadership, coined and defined by Robert K. Greenleaf (Born 1904 in Terre Haute, Indiana; died in 1990) and supported by many leadership and management writers such as James Autry, Ken Blanchard, Stephen Covey, Peter Block, Peter Senge, Max DePree, Scott Greenberg, Larry Spears, Margaret Wheatley, James C. Hunter, Kent Keith, Ken Jennings, Don Frick and others. Servant-leaders achieve results for their organizations by giving priority attention to the needs of their colleagues and those they serve. Servant-leaders are often seen as humble stewards of their organization’s resources: human, financial and physical.

Accordingly, here is Beth’s post on servant leadership:

• All growth and most good things come from paying attention.
• Use every experience.
• Never think of employees as “labor,” as a commodity.
• Avoid the tyranny of technocracy.
• Abandon the career planning traps.
• Avoid “building” a resume.
• Expect the unexpected and be ready to embrace change.
• Take the work seriously, but don’t take yourself too seriously.
• Do not use long-term solutions to short-term problems.
• Never run away from anything (Ray Ferch & Spears, 2011, p. 133-134).

From:  Ray Ferch, S. & Spears, L.C. eds. (2011).  The Spirit of Servant-Leadership.  Mahwah, NJ:  Paulist Press.

The Spirit of Servant-Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be a leader by exercising servant stewardship of our organization’s resources.

♬ I get the urge to know you better
To make our spirits one
I want to see us be together
As close as we can come
I get the urge to merge
I get the urge to merge with you…♬

Music and lyrics by: Pam Reswick, Steve Werfel, recorded by Natalie Cole.

Merge Ahead

This is a guest post of an article originally appearing in the October, 2011 issue of Law Firm Partnership & Benefits Report. It is reprinted with permission of Robert W. Denney.

There isn’t a great deal written on the details of merging two law firms, and as such I thought this overview by my friend Bob was a great article to post – regardless if the two firms being merged are 3 partners each or 300. The issues will be the same.

Challenges and Adjustments In A Merger

Both the Smaller Firm and the Larger One Have Roles

They Must Play If the Marriage is to Be Successful

Author’s Note: This article first appeared in this publication in March, 2005. Although the legal profession has been undergoing considerable change since then, the issues that arise after firms merge are still the same as they were over seven years ago. Therefore, we thoughts a review was in order.

There is a drama that is acted out every day on the stages of hundreds of law firms throughout the world. Firm A, which may have been a local, regional or even national firm, has recently merged into (read “acquired by”) Firm B, a larger national or international firm, and the partners from Firm A are adjusting to being part of such a huge firm. (more…)

♬  Hey, look around it’s all so clear
Hey, wherever we were going, well we’re here
Hey, so many things I never thought I’d see
Happening right in front of me..♬

Lyrics and music by Chris DuBois and Brad Paisley, recorded by Brad Paisley, “Welcome to the Future”.

2012 Happy New Year

In this third and final collection of tips and predictions for 2012, we turn first to my good friend and colleague, Steve Gallagher. Steve has been one of those rare individuals who has kept a perspective on where the legal profession is and is going.  Accordingly, I though it was appropriate that we start with his views in this final post of 2011 on what will be happening in 2012:

Stephen P Gallagher: “Coping with Change”:

(a)  A Law Practice Management Perspective:

My primary business these days is coaching Lawyers in Transition, so from my vantage point,  I see large geographic areas throughout Canada and the United States that will have no practicing lawyers within hundreds of miles. At the same time, law school graduates will cluster around metropolitan areas looking for entry-level positions primarily to pay off law school debt. I would like to think that our talented young professionals will start looking for opportunities with baby boomers, particularly in more rural areas of the country to continue the tradition of serving the public.

(b)  Legal Technology:

I’ve follow the writing of Sherryl Turkle, a psychologist and director of the Massachusetts Institute of Technology (MIT) Initiative on Technology and Self.  Professor Turkel is concerned about how we may be losing things that Thoreau thought were essential to discovering an identity. Professor Turkle claims to be teaching the most brilliant students in the world (at MIT). She claims that they have done themselves a disservice by drinking the Kool-Aid and believing that a multitasking learning environment will serve their best purposes.

I too am concerned about this “multitasking learning environment” for lawyers.

For a Frontline interview, Digital Nation, Professor Turkle was quoted as saying, “She thinks that we’re living in a culture where we’re really not sure what kind of attention we owe each other. People put their cell phones on the table now. They don’t turn them off.” She goes on to say that, “One of my students talked about the first time he was walking with friends, and they received a cell phone call, and they took the call. And he said: “What was I, on pause?” I felt I was being put on pause.” Sheryl Turkle thinks that we’re socially negotiating what kind of attention we feel we owe each other.”

This flat out scares me. We owe each other more. (more…)

♬ See your heart will lead you where you want to be, but your head will lead you where you ought to be.
But which will lead you where you’re meant to be? ♬

Lyrics, music and recorded by K’LA.

2012 New Years

This is Part 2 in the 2012 Tips and Predictions series where I have asked my good friends and colleagues to contribute their best ideas for the New Year. Accordingly without further ado:

Dr. Frank Fowlie: “Future Shock” predictions:

1. Consumers will no longer be forced to call their credit card company  to deal with “unknown” charges.  No more phone tress, no more wait times…You’ll be able to go to your bank’s credit card website and fill in a form online, the bank will handle it from there.
2. When you buy something online and there’s something wrong with the purchase, you’ll be able to go to a single portal for goods sold in Canada, and start a redress process online, at your convenience.  This is less Future Shock, as the European Union has already created a regulation which makes this possible across Europe.  Like “chip” cards did in the past, the technology will migrate from Europe to Canada.
3. Small Claims Courts in Canada will move towards Online Dispute Resolution to more effectively and efficiently manage the court processes.  There will be a new wave of computer literate judges who hear and settle cases online.
4. Courts of equity will look to technology to handle small value claims.  Online Dispute Resolution will replace hearings in matters where the value is the same or lower than the Small Claims Court limit.
5. Law firms will publish hourly rates on their websites to allow for consumer choices.  Consumers will be able to search out legal services in  the same way they look for other commodities online.
6. Lawyers will begin to sell “Boutique services” allowing consumers to handle some part of their own legal matters.  Some lawyers will develop practices which simply “guide” lay litigants, as opposed to forcing the lay litigant into court with representation.
7. Legal Zoom, or some like entity, will set up shop in Canada.  Legal services outsourcing becomes a market drive out of India and Ireland.
8. The public can make complaints against lawyers using an online platform, perhaps to an independent body.

Dr. Frank Fowlie, www.internetombudsman.biz.

Judge Monty Ahalt ( Ret.): “Warp Speed”:

As the year closes out and some say the decade there is always a clamour for the folks to know what is in store for the next year. Some will look at last year and make resolutions. My Life now breaks down into three areas:

1. Court centered ADR and case management as a recalled Circuit Court Judge now counting 30 years.
2. A Mediator/Arbitrator now counting about 45 years – www.montyahalt.com.
3. Founder and CEO of VirtualCourthouse.com – leading ODR provider – now counting 10 years -   www.VirtualCourthouse.com

Each area has it’s unique challenges and will experience new horizons in 2012. While I do not pretend to be Carnac the Magnificent of Johnny Carson days  there are some new happenings that seem to be clearly presenting themselves for the coming year. (more…)

♬ What’s happenin brothers and sisters?
Welcome to our time…♬

Lyrics, music and recorded by NAS.

Happy New Year 2012

Last year on Dec. 31, 2010 I posted a Top 10 Legal Tech Predictions for 2011.  This year I asked my very good friends and colleagues to contribute their top Tips and Predictions for 2012 thinking that this would be a great way to get some perspective on the New Year. The response has been overwhelming! Accordingly, here is Part 1 of a three-part blog post containing their top advice and predictions for the coming year.  But this isn’t the end – I will add in my own tips and predictions for 2012 at the end of Part 3 (can’t help but go out on a limb as well) and ask that you, good readers, add in your own tips and predictions by way of comments on the three blog posts.

Accordingly, here are Part 1 of the Tips and Predictions for 2012!

Karen MacKay:  Change is Neigh…

There will be more change in Canadian law firms in 2012 than we have seen in the last 3 years. In Canada, we will see more mergers and spinoffs.  Lots of change happened in the USA in 2011 that was forced on them by the economy.  The difference between what happened in the USA and Canada will be: The change in Canada will be created by strategic decisions within firms seeking opportunities rather than the financial change that was forced on the American firms.

Karen MacKay MBA CHRP, Phoenix Legal Inc., direct 416.657.2997, mobile 416.904.4848, e-mail kmackay@phoenix-legal.com, www.phoenix-legal.com.

Mitch Kowalski: 2012 – A Turning Point for the Canadian Legal Profession?

When I ran for Bencher in Ontario earlier this year (and was utterly thrashed at the polls!) I did so because I believed that the next ten years are critical to the future of the legal profession. Six months later, my view has not changed.

All over Canada, the legal profession faces challenges it has never faced in the past – and the challenges will only become more numerous. Richard Susskind was right on point when he wrote, “Law does not exist to provide a livelihood for lawyers any more than illness exists to provide a livelihood for doctors. Successful legal business may be a by-product of law . . . but it is not the purpose.”

As lawyers we must constantly earn our right to retain a monopoly over the practice of law. It should never be assumed that we will always have the exclusive right to give legal advice, prepare legal documents, close transactions or even appear in court. One just has to look to the U.K.’s Legal Services Act which is dramatically transforming that jurisdiction’s legal profession. Or, take a look to Australia with Slater & Gordon being the only publically-traded law firm in the world – a firm that was once based on a strong litigation practice but is now aggressively moving into commercial practice areas.

Canada cannot remain an island of lawyer-exclusivity for long – particularly if the legal profession shows itself to be incapable of coming up with creative and efficient ways to make legal services better, faster and cheaper. The commercial pressures of the global economy are too great to ignore and lawyers who stick their heads in the sand will become the dodo birds of the 21st century.

I hope that 2012 will be a watershed year in which meaningful change will finally commence to surface throughout Canada’s legal profession. The following are eight predictions of what can (and should) occur over the next 12 months. (more…)

♬ Change your thinking, Change your mind, Back to the future…♬

Music and Lyrics by D. Ross, B. Wray, J. Wray; recorded by Diana Ross.

Christopher Lloyd in Back to the Future

When one thinks of mentoring, one tends to think of the sage, wise counsel passing along his or her accumulated wisdom to the younger generation. While there is considerable need for this to occur, it is not the only mentoring that can take place in a law firm. Matt Starcevich, PHD, in an article: “What is Unique about Reverse Mentoring, Survey Results” in www.coachingandmentoring.com quoted Alan Webber, the co-founder of Fast Company in describing reverse mentoring (“RM”):

It’s a situation where the old fogies in an organization realize that by the time you’re in your forties and fifties, you’re not in touch with the future the same way as the young twenty-something’s. They come with fresh eyes, open minds, and instant links to the technology of our future.

Jack Welch, when he was Chairman of GE, ordered his top 600 managers to reach down into their ranks for Internet junkies and become their students.

A RM relationship can benefit both parties – the one doing the mentoring as well as the person being mentored. The younger associate gets face time with a senior partner. The senior partner gets the opportunity to gain new skills and see the world through younger eyes. In the survey, Starcevich asked “Why enter into RM?,” 41 per cent selected, “To gain technical expertise” and 25 per cent selected, “To gain a younger perspective.” This supports the notion of capitalizing on the technical knowledge base and younger perspective of the mentor. (more…)

♬ Tell me what you want and i’ll give you what you need… ♬

Lyrics and Music by Patrick Simmons, recorded by The Doobie Brothers.

PLTC 2011 Logo

The 2011 Pacific Legal Technology Conference will be held Friday October 7, 2011 at the new West wing of the Vancouver Trade and Convention Center.

The Pacific Legal Technology Conference is a bit different from other legal technology conferences due to the fact that attendees can take the conference survey and tell us which courses, issues and topics they would like to see in the program. The survey contains the ‘short list’ of topics that the Advisory Board pulled together in their preparations and deliberations.

So: Welcome to the 2011 Pacific Legal Technology Conference Survey – where you can design the conference that you wish to see! I invite you to have a hand in designing this year’s Conference by indicating to us which proposed sessions are of most interest to you.

This survey should take approximately 10 minutes to complete and we ask that you complete the survey on or before JUNE 30, 2011.

Here is a link to the survey: http://www.surveymonkey.com/s/NN3PKZF

Furthermore, at the end of the survey you will receive a web address entitling you to a special survey respondent admission rate for this year’s conference. This special rate of $325+ HST CDN ($325 USD) (or $225+HST CDN for law students/staff ($225 USD)) is our way of saying ‘Thanks’ and represents a $50 savings off of our Early Bird Rate!

This special survey rate is only good until July 31, 2011 – you have to complete the survey by June 30, 2011 and send in the registration by July 31, 2011 to be eligible for this offer.

Furthermore, by completing the survey you are eligible for a draw for one of two free admissions to the Conference.

Thanks for your participation!

Tell me what you want and as Chair of the Conference, I will endeavor to give you what you need…