♫ The spheres’re in commotion
The elements in harmony
She blinded me with science
“She blinded me with science!”
And hit me with technology…♫

Lyrics and Music by Thomas Dolby and Jonathan Kerr, recorded by Thomas Dolby.

This is a guest post by my friend and colleague, Christy Burke, written today for the blog Legal IT Professionals.  With her permission I have reproduced it here.

Web-Based Dispute Resolution Systems Gain Traction as Court Delays and Low Value Disputes Surge

Courtroom showdowns make for great movie scenes, but To Kill a Mockingbird’s Atticus Finch would be shocked to hear that the courts are only resolving a fraction of today’s legal disputes. A growing number of cases are being resolved by online tools, and sometimes lawyers and judges are not even involved. Impartial web-based systems apply computation, algorithms and cryptographic technology to bring about resolution quickly and inexpensively.

A growing stable of private sector companies are beginning to compete with the judicial system for “customers” and are also changing the face of traditional Alternate Dispute Resolution or ADR, which has typically included mediation, arbitration and other alternatives to the courts.

Not only are approaches to justice and negotiation changing, but some of these new systems like those provided by Fair Outcomes, are actually prompting lawyers and their customers to be more honest about the value of a case and their realistic objectives from the outset, providing disincentives to lie, bully and posture. Utopian though it may sound, this is actually becoming a reality. Atticus would be happy to hear that, at least!

A potential paradigm shift is in the making here, but what is motivating parties to look outside traditional courts, mediation and arbitration and flock to the web for resolving their disputes? In short, overburdened courts, lean economic times, cost, and convenience all figure into the mix.

Pared Down Courts Cannot Keep Up

Many courts in the US and abroad are sagging under the weight of overflowing caseloads while budget cuts slash their resources – a double negative. Take California for example. (more…)

♫  Cos when I look at my life
How the pieces fall into place…♫ 

Lyrics and music by Jarl, Stenmarck, Andreas Carlsson, recorded by Westlife.

Gentle readers of this blog are aware of my interest in the intersection of business strategy, finance, leadership and technology within a law firm setting.  One of the emerging areas that lies within the  intersection of these disciplines is knowledge management.  I believe it has particular importance within a large firm setting as there is the tendency for lawyers in larger organizations to become ‘silo-ized’ – not for any other reason other than your ability to interact with people on a 1-1 basis diminishes as the size of an organization grows.  For example, if you work in a larger organization, ask yourself how often you speak to someone who works on another floor in your firm?  If you have multiple offices in multiple cities, the situation is compounded even further.  Since 1-1 interaction is at the heart of person-to-person knowledge sharing and transfer, the sheer size of an organization works against 1-1 knowledge transfer.

So to begin: What are we speaking about when we use the phrase “knowledge management”? (more…)

♫  And then just as sure as one and one is two
I know I’ll take care of you
I’ll take care of you
I’ll take care of you
I’ll take care of you…♫ 

Music and lyrics by Brook Benton and originally recorded by Bobby Bland.

This is a guest post from my good friends Sharon Nelson and John Simek, from Sharon’s Blog Ride the Lightning. Sharon and John are life partners as well as business partners in Sensei Enterprises, Inc., a computer forensics and legal technology firm in Fairfax, Virginia. As such their blog post on taking care of your digital assets following your passing struck a nerve with me.  In my view it is typical of Sharon and John’s careful and considerate way of approaching life..and death.  So without any further introduction, here is their advice:

For those of you who have wills, it is my guess that virtually none of them reference digital assets. Until recently, lawyers weren’t thinking about digital assets.

Our friend, attorney Deb Matthews, told us a horror story about a client whose husband had passed away without leaving behind his ID and password for their bank account. The bank would not grant his wife access and she had a devil of a time since her husband had gone paperless and was making online payments each month. She had no way of knowing when bills were due to pay them and she began racking up delinquent accounts as a result. (more…)

♫ Oh, put me in, Coach – I’m ready to play today;
Put me in, Coach – I’m ready to play today;
Look at me, I can be Centerfield…♫

Lyrics, music and recorded by John Fogerty.

This is a guest post from Beth Flynn at the Ohio Leadership Center.  Increasingly today, younger lawyers are looking for mentorship and support from the more experienced members of the bar.  However, not everyone is familiar with how to be a good coach.  Accordingly I thought Beth’s post on the personal attributes and qualities of a winning coach would be a great management topic for lawyers.  So without further ado, here are the 14.5 attributes:

1. You have valuable information that people can use.
2. You combine your experience with the real world.
3. You have a sense of humor.
4. You know the game better than they do.
5. You encourage.
6. You are a great presenter.
7. You have standards and ethics that you follow, not just preach.
8. You are enthusiastic.
9. You have great communication skills.
10. Your players like you.
11. Your players believe in you.
12. You inspire others.
13. You tell the truth all the time.
14. Your players respect you.

14.5 You can play (Gitomer, 2011, p. 108-109).

These tips are from: Gitomer, J (2011), “Jeffrey Gitomer’s Little Book of Leadership: The 12.5 Strengths of Responsible, Reliable, Remarkable Leaders that Create Results, Rewards and Resilience”. Hoboken, NJ: Wiley and Sons

Jeffrey Gitomer’s Little Book of Leadaership 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 at: http;//leadershipcenter.osu.edu.  To begin receiving Beth’s Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how all of us can become winning coaches and mentors.

♬ Money talks, it’ll tell you a story
Money talks, says strange things
Money talks very loudly
…Money talks…♬

Lyrics and music by JJ Cale and Christine Lakeland, recorded by JJ Cale.

Having just returned from ABA TECHSHOW in Chicago, I thought I would take a moment and lay out what I believe was the grand theme that was running through this year’s show. Yes, there were great and new technologies. Yes, the conference showed just how deeply the iPad and Apple technologies have penetrated the legal profession (the iPad Apps session was standing room only and iPads were seen everywhere.  The  (near) absence of laptops underscored how lawyers have jumped onto the tablet / iPad platform as their mobile solution.  Yes, there were great presentations by wonderful speakers on cool and upcoming technologies such as the Microsoft phone and Windows 8.  Yes, the Cloud and all kinds of hosted IT services were big. And yes, the exhibit floor was packed with vendors and attendees alike.  But…

In my opinion, the biggest (understated) theme was the open question over the future of the legal profession. You could almost feel the undercurrents. Ben Stein, the noted lawyer, economist and television personality, in his keynote presentation, raised the distinct possibility of the economic collapse of the USA and what that might mean – and not just for lawyers. Certainly he dealt with the changes that the recession has had on the legal profession to date and the fact that these changes may be permanent. While he gave hope that things may improve, it was one of the nicest ‘things are never going to be the same’ speeches I have ever heard. (more…)

♬  You raise me up, so I can stand on mountains;
You raise me up, to walk on stormy seas;
I am strong, when I am on your shoulders;
You raise me up… To more than I can be…♬

Music by Secret Garden‘s Rolf Løvland and the lyrics byBrendan Graham, recorded by Josh Groban.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center. It speaks to how we can lift up others in our workplace and in so doing, uplift ourselves.

Make it unfashionable to be a downer.  Inspiration doesn’t survive in an energy-sapping context.  This doesn’t mean that tough realities are denied and not faced.

The electrifier always has a positive spin on a setback.  After all, inspiration stems from our spirit and our inner spirit is stronger than our outer circumstances.  Earlier we defined our spirit as our unlimited resource that transcends, and adds strength to our weary physical bodies and fragile psychological egos.  When our bodies and minds are down, an insight from our spirits gives us the jolt!

The first way of energizing our work environment is by inspiring the development of a culture of people who are filled with energy, hope and positive motivation.  Each person moves from the highest part of his or her mind, heart, and spirit (Losoncy & Walsh, 2011, p. 82).

♫ Food for thought
You give me food for thought..♫

Lyrics, music and recorded by 10cc.

The America Bar Association (ABA) established the 20/20 Commission almost 3 years ago to report on the:

“Impact of Internet technology on the delivery of legal services, both globally and within the United States”

Today, the revised drafts of a number of the 20/20 Commission’s proposals were released on the ABA Site-tation website in the following areas:

• Technology and Confidentiality (PDF)
  Addresses lawyers’ obligations and responsibilities in handling the storage and security of clients’ confidential data.
• Technology and Client Development (PDF)
  Addresses lawyers’ use of web-based technology, including social networking, to market their practices and attract new clients.
• Outsourcing (PDF)
  Addresses the ethical responsibilities associated with the outsourcing of legal and law-related work, both domestically and offshore.
• Model Rule 1.1 (Duty of Confidentiality) (PDF)
  Addresses disclosure of confidential information particularly in the context of detecting conflicts of interest.
• Practice Pending Admission (PDF)
  Addresses issues relating to the establishment of a practice in a new jurisdiction in the context of an increasingly mobile, multi-jurisdictional profession.
• Admission by Motion (PDF)
  Addresses the number of years required for admission by motion, again addressing movement towards multi-jurisdictional practices and mobile lawyers.

As the ABA site-tation website states, considerably more information, including comments and news, can be found on the Commission’s official website.

The deadline for submitting comments on these final proposals is April 2, 2012. Comments should be directed to Senior Research Paralegal Natalia Vera at natalia.vera@americanbar.org.

These proposals are sure to give us food for thought…(hat tip to Ann Halkett, BA, SSIS, Litigation Support Coordinator, Alexander Holburn Beaudin & Lang LLP).

♫ Strange fascination, fascinating me
Changes are taking the pace I’m going through

Ch-ch-ch-ch-Changes
(Turn and face the strain)
Ch-ch-Changes
Oh, look out you rock ‘n rollers…♫

Lyrics, music and recorded by David Bowie.

PROCEED WITH CAUTION: Addressing Challenges and Making Changes Requires a Thoughtful Approach

This is a guest post from our friend Bob Denney on a topic near and dear to my heart: Change Management in the context of lawyers and law firms.  I have to admit that I have a strange fascination with managing change.  Accordingly, here is Bob’s take on addressing change:

Now that the economy continues to recover, forward-thinking law firms are trying to shift from survival tactics to the “New Normal” by addressing, not only the challenges they face, but also the changes they may have to make. However, as discussed in our February and April, 2010 Communiques, the list can be long and there are few precedents for addressing many of the issues.

The issues will vary to some degree for each firm but the first challenge for every firm is to identify those issues it must address and where it should start: Growth? Alternate fee arrangements? Leverage? Firm structure? Management structure? Revise marketing and business development strategies? Client service? Or what? (more…)

♬ 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…)

♬ We need a hint to know we’re on the right track…♬

Lyrics, music and recorded by http://en.wikipedia.org/wiki/José_González.

Since e-filing in the Land Title Office (LTO) has become mandatory in BC for many forms (from the BC Land Title & Survey Authority’s Web-site):

The Director of Land Titles has required certain land title documents to be filed electronically. Phase One of Required E-filing is now in effect.

These documents are included in some of the most common transactions submitted to the Land Title Office:

• Form A – Transfer, Form B – Mortgage, Form C – Charge and Form C – Release effective January 16, 2012.
• Posting plans and associated applications and certificates effective July 1, 2011.

Detailed practice information about Required E-filing and EFS training resources are available as follows:

• Consult the Required E-filing webpage.
• Read the Director’s Requirements to File Land Title Forms Electronically (DR 06-11).
• Review Frequently Asked Questions about EFS and Required E-filing.
• Consult a checklist to get started using EFS.

Upon completion of all phases, most documents and plans will be filed electronically with a very small number filed manually in hardcopy form.

This blog post is to remind those readers in BC that help is at hand in order to move into mandatory e-filing.

Due to overwhelming demand, Dye & Durham have added an additional date for their complimentary Hints and Tips on Supported Land Title E-Filing Webinar.  This additional date is February 2nd, 2012.

This webinar will include:

• Review all necessary land e-filing requirements;
• Hints and tips on how to prepare and submit e-forms to manage the e-filing process via ETRAY;
• Staying up to date with EFS bulletins and changes.

For registration details please click on the link below.

http://www.dyedurhambc.com/public/Hints_and_Tips_E-Filing_Webinar_Feb_2_2012.pdf.

It is comforting to know that help is at hand with hints and tips when you need them to keep you on track!