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  • May 22nd, 2014

    ♫  I want security, yeah
    Without it I had a great loss, oh now
    Security, yeah
    And I want it at any cost, oh now…♫

    Lyrics and music by: Margaret Wessen, Otis Redding; recorded by Otis Redding.

    security

    I have been giving a number of presentations lately that in part, deal with the (in)security of law firm systems.  This is based on the findings of the Legal Technology Resource Center of the ABA (“LTRC”) in their 2013 Legal Technology Survey.  They reported that 15% of reporting law firms acknowledged that they had a security leak.  43% reported being infected by a virus, spyware or malware.  Only 53% of firms reporting having a disaster recovery plan in place (these stats cause me to picture a Venn diagram showing those firms that were infected, had a security  leak and those who had a disaster recovery plan and the degree of overlap…or lack thereof…but I digress…)

    Bloomberg reports that China-based hackers target law firms to get secret deal data.  Unfortunately the law firms being hacked were Canadian – and Bloomberg states that they rifled one secure computer system after the next – eventually hitting 7 different law firms as well as the Treasury Board and Canada’s Finance Ministry.

    Bloomberg further states that in a meeting with 200 law firms in New York City with Mary Galligan, head of the cyber division in the New York City office of the U.S. Federal Bureau of Investigation and her group: “..the FBI issued a warning to the lawyers: Hackers see attorneys as a back door to the valuable data of their corporate clients.”

    Obviously this column is far too short to deal with this issue in any depth except to help raise awareness and to leave our gentle readers with one technique to protect sensitive communications and data.

    Bruce Schneier is one person that I listen to when he speaks on security.  Bruce has been writing about security issues on his blog since 2004, and in his monthly newsletter since 1998. He writes books, articles, and academic papers. Currently, he is the Chief Technology Officer of Co3 Systems, a fellow at Harvard’s Berkman Center, and a board member of EFF.

    Bruce said – if you want to evade NSA (and basically any other spying) then don’t connect to the Internet. OK you say, how is that possible today?  Well Bruce recommends having one computer with an air gap.  This is a physical isolation of a computer (or network of computers) from the internet.  If you want to get really really paranoid – you buy two identical computers, configure one by connecting it to the internet for a little as possible to get it running (and as anonymously as possible), upload those results to a cloud-based anti-virus checker and then transfer the results of that to the air gap computer using a one-way process.  Then once you have the computer configured – never, never ever connect it to the internet again.  Disable the Wi-Fi so it never gets accidentally turned on. Turn off all auto run features.

    Bruce advises transferring files using a writable optical disk (CD or DVD).   You can verify the data written to such a disk. Encrypt EVERYTHING moved on and off that computer (and of course have full hard-drive encryption on this air gapped computer).

    Bruce states that even this is not foolproof.  He has further suggestions in his blog. You can take things even further. Bruce should know – he is looking at Snowden documents. Bruce wants security at any cost…

    (cross-posted to tips.slaw.ca)

    Posted in Issues facing Law Firms, Law Firm Strategy, Technology, Tips | Permalink | No Comments »
    May 12th, 2014

    ♫ Tell me, where are we going?
    Oh, what’s the future showin’?
    Oh, where are we headed?
    With all that’s goin’ on where are we getting’? ♫

    Lyrics and music by: Larry Mizell, Edward Gordon; recorded by Marvin Gaye.

    Ecommerce SEO Strategies

    This is another guest post by Bob Denney.  It is on a topic near and dear to my heart, namely strategic planning and in particular, SP for smaller firms.

    The legal profession continues to change dramatically. One of the encouraging developments of these changes is that more law firms are recognizing what their corporate clients have known for years: You can’t survive and compete successfully without a Strategic Plan. We have seen the result of this in our practice. Strategic Planning has always been one of our major services. Now, in the last three years, it has become our largest area of practice.

    Unfortunately, there are still come misconceptions about strategic planning, even on the part of people who acknowledge its benefits. One of the most common is that “It’s only for large firms.” This is not so. Strategic planning is just as critical for mid-size and smaller firms because they have fewer resources and must utilize their resources strategically.

    Another encouraging development of the last few years is that mid-size and smaller firms are also recognizing that, while they do not have the resources large firms have, they do have certain advantages over them:

    o Lower or more reasonable fees and rate structures.
    o Lower overhead and expenses.
    o For the most part they provide superior client service.
    o They have highly skilled lawyers, many with substantial books of business, who have left large firms.
    o They are often able to recruit talented law school graduates who are by-passed by the large firms.
    o They have open communication within the firm.
    o They have the ability to make major decisions on a timely basis.

    Strategic Planning is a complex and delicate process which is foreign to many law firms, even some of the largest. It can consume many hours (none of which are billable), generate intense feelings and result in firms setting unattainable objectives. But this does not mean that it is only for large firms. The Managing Partner of a firm which developed its first strategic plan two years ago gave perhaps the best reason of all for mid-size and smaller firms to develop strategic plans:

    “The process we went through was as valuable or even more valuable than the final product we came up with.”
    —Managing Partner, 250-lawyer firm

    Robert Denney Associates, Inc., P.O. Box 551, Wayne, PA 19087-0551 • phone: 610-644-7020 • fax: 610-296-8726 email: bob@robertdenney.com• web site: www.robertdenney.com

    Thanks again Bob for emphasizing the importance of knowing where we are heading with all that is going on…

    Posted in Adding Value, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Tips | Permalink | No Comments »
    April 28th, 2014

    ♫ Check the state of the world we live in
    Can’t you see it’s a cryin’ shame?
    (Forgive them)
    Leadership fails before it begins
    Motivated by personal gains
    (Forgive them)…

    Lyrics and music by: Orville Burrell, Ricardo Ducent, Shaun Pizzonia, Maurice Gregory and Anthony Kelly, recorded by Shaggy (Orville Burrell).

    tom grella

    My long-standing good friend, fellow lawyer, runner and enduring leader in the American Bar Association has (finally!) launched his blog Strategic Legal Leadership. Tom’s mission in life for as long as I have known him has been in enhancing leadership among lawyers.  He has written extensively on the subject (see for example his two books “Lessons in Leadership” and “The Lawyer’s Guide to Strategic Planning” both published by the ABA) and has led by example (see his extensive leadership roles here).

    Tom has read virtually everything written on leadership (his book Lessons in Leadership is a must-read, if for no other reason than to come up to speed on the highlights of the most important books on leadership which are not only summarized in his book but placed in a legal context).  He has provided some of the most educated and thoughtful presentations on not only why leadership is so vitally important at this pivotal time in the legal profession (some of which I have been most fortunate to have been present to hear) but why lawyers in any size firm need leadership skills to bring their firms, their partners, their associates and staff into the new reality of practising law.

    I am truly fortunate as I have had the opportunity of working with Tom for 20 years, extensively running with him (while discussing leadership and other practice management topics) and watching his and my daughter grow up together.  I believe that if mentoring is one sign of leadership, then Tom has excelled in raising his daughter to be an example of someone who is now leading her life trying to bring about social change and improving conditions for those whom society has left less-fortunate than most.

    Tom truly believes in servant leadership.  Traditionally, leadership was viewed as the accumulation and exercise of power by someone ‘at the top of the pyramid’ (as per Wikipedia).  In contrast, servant leadership puts the needs of others first and views success as helping others develop and perform as highly as possible.

    Tom has stated this about his blog:

    Strategic Legal Leadership helps lawyers lead. Providing thoughtful guidance and practical advice will result in effective leadership, efficient management, and ultimately an exemplary client experience. Author Tom Grella offers timely advice based on his extensive experience and study.

    I am adding Tom’s blog to my ‘must read’ list.  Tom is a bright light, showing the true path to servant leadership, as he recognizes that leadership fails where it is motivated by personal gain.  A true leader such as Tom put the interests of those that he seeks to lead first and foremost.

    Posted in Adding Value, Business Development, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | No Comments »
    April 25th, 2014

    ♫ Twisting and turning
    Your face to the wall
    Your future was soaring
    The landing was hard..♫

    Lyrics and Music by Tom Mallicoat, recorded by Lethal.

    Police Officer Carrying Nightstick

    The American Bar Association Journal reported today:

    A Texas lawyer accused of double-billing Bexar County for indigent defense work and forging judges’ signatures on payment vouchers has been sentenced to 10 years after pleading guilty in March to forgery and securing execution of a document by deception.

    This lawyer was once the most prolific  indigent  defence attorney in the county.  According to My SAHilda Valadez was originally indicted:

    ..[O]n 46 felony counts related to allegations she forged judges’ signatures and double-billed the county for her services.

    My SA further reported that the deception charge Hilda plead guilty to is a second-degree felony, punishable by up to 20 years in prison.  She may be able to apply for probation.

    A hard landing indeed.  One can only speculate on what led this lawyer to such behaviour.

    Posted in Firm Governance, Fraud and theft, Issues facing Law Firms, Law Firm Strategy | Permalink | No Comments »
    April 15th, 2014

    ♫ Ah, there’s an elephant standing in the room
    Ah, though we’re all alone
    It’s not just me and you…♫

    Lyrics and music by E.A. Morillo, H. Romero, J. Nunez, J. Wilkinson, B.M. Burton, recorded by Alexandra Burke.

    elephant

     

    This is another guest post from Beth Flynn at the Ohio State University Leadership Center.

    All of us have these two parts within – the wise and intentional inner executive and the unconscious inner elephant, which does a good job for us most of the time. The friction between inner executive and inner elephant occurs when they have different ideas about desired behavior. The inner elephant is concerned about its own needs and comforts, and is often stronger than the inner executive. The inner executive can see the bigger picture even if it has not learned how to guide and control the elephant.

    For a leader, the ideal situation is for the inner elephant to work as the servant, the inner executive to work as master. Of course everyone faces situations where the inner elephant’s urges seem far stronger than the inner executive’s good intentions. This is like the inmates having more influence than the warden. Managers who do not have a well-developed inner executive will not lead themselves consciously and intentionally, just as a company without a CEO and executive team will not have an intended strategy or the capability to coordinate disparate departments for strategy execution.

    When in its proper role, the inner elephant thrives as a follower, not a leader. Ideally, leaders will understand their own elephant, and will be conscious of its habits and needs. When a person is “unconscious,” however, he or she tends to live at the mercy of the inner elephant, following its needs and impulses without concerns for others or a bigger picture. When “conscious,” a leader can be intentional about doing the right thing (p. 11-12).

    From: Daft, R. L., (2010). The executive and the elephant: a leader’s guide for building inner excellence. San Francisco: Jossey-Bass.

    Ohio Leadership Center Updates:  OLC now has a blog so the discussion about Leadership Moments can continue.

    WANT TO DISCUSS TODAY’S LEADERSHIP MOMENT?

    Go to OLC’s  blog and share your thoughts, ideas, or answer the questions below:

    When have you used your inner executive to see the bigger picture?
    How can you become “conscious” about doing the right thing?

    Thanks Beth and her team for continuing to foster the development of leaders and helping us understand our inner elephant!

    Posted in Business Development, Change Management, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | 1 Comment »
    April 11th, 2014

    ♫ These days go by
    And they’re gone before you know it
    So come on, open your window
    Let the light shine in
    This is life don’t miss it…♫

    Lyrics, Music and recorded by Francesca Battistelli.

    helen lawrence

     

    It is not too often that I get to write about technology and theatre.  However, to every rule there is an exception.   And this is an exceptional exception.

    Helen Lawrence is playing at The Stanley Industrial Alliance Stage in Vancouver  until April 13, 2014.  This is a world premier. If you haven’t already seen it – I urge you to take a moment and head off to one of the remaining shows.  It will be gone before you know it.

    The writeup for the presentation is as follows:

    “World premiere Acclaimed visual artist Stan Douglas and screenwriter Chris Haddock (Da Vinci’s Inquest, Boardwalk Empire) bring you an intoxicating mixed-media spectacle set in the Vancouver of 1948. Visit the vanished worlds of the old Hotel Vancouver and Hogan’s Alley—the city’s hot spot for gambling and vice.Helen Lawrence is an intriguing, hard-boiled tale of loyalty and money that illuminates our city’s politics during a time of historic upheaval.”

    It is stunning in its use of visual effects. The acting is simply outstanding – it is crisp, exact and precise. The tone is perfect. The use of visual angles to great effect only accentuate the story.

    In a word I loved it. I don’t want to say more as I don’t wish to be a spoiler.  But this is a show not to be missed.  Bravo!!!

    Posted in personal focus and renewal, Technology, Tips | Permalink | 1 Comment »
    April 8th, 2014

    .♫ And then one day you find
    Ten years have got behind you
    No one told you when to run
    You missed the starting gun….♫

    Lyrics and Music by David Gilmour, Nicholas Mason, Roger Waters, Rick Wright, recorded by Pink Floyd.

    ascent of man

     

    One of the most interesting things I did just prior to Techshow was to attend a small group presentation hosted by Bob Christensen of The Form Tool and Doxsera in advance of Techshow.  Bob’s presentation focused on change and in particular, the effect of change on the legal profession.  In order to set the stage, Bob started by noting that in earliest dawn of man, one major change appeared in say, 10,000 generations.  That has gradually accelerated to the point where today, we are seeing four major changes appearing in a single generation.

    So what has that got to do with the legal profession, you say?

    Bob noted that the structure of the legal business was established in the 1700s.  We continue to use that structure more or less today.

    Bob continued by noting that the watchmaking industry was started at about this same time.  During that same period, watchmakers were some of the wealthiest people around and handmade watches cost a considerable amount.  Now fast forward to today…to the world of Timex.   A $29.95 Timex watch today keeps far better time than the best hand made watch of the past.

    Furthermore, 60% of the number of watches in circulation has plummeted  - due to the appearance of smartphones.  The members of the new generation do not buy watches – they all have smartphones that keep accurate time.  They do not see the need.

    Bob stated this is just an example of the fact that “the consumer will always dominate the marketplace.”  And that applies just as equally to the legal profession.

    He noted three major themes in life today:

    Theme #1 – the rate of change is accelerating

    Theme #2 – that evolution always starts at the top.  It is incremental.

    Theme #3 – that revolution comes from the bottom.  And revolution is always disruptive.

    Bob noted that www.LegalZoom.com  has taught the legal marketplace (but not lawyers) that legal documents should be free or at least low cost.

    Bob challenged the lawyers in the room to see themselves in the same position as the watchmakers of the past who made hand-made watches for high prices.  Revolution = Disruption = Technology is coming.

    A word about Bob’s latest product: Doxsera.  Doxsera is priced at  $89 / year (USD).  It is a very sophisticated document assembly engine for Word for Windows (sorry it doesn’t work in Word on the Mac).

    What makes Doxsera different?  It pulls in vast amounts of info into multiple documents and assembles documents in a way that is unique and very cost-effective.   You don’t just assemble one document – you assemble a group of documents all relating to say, a closing or real estate transaction etc.  You can take a process that in the past, had to be used to produce documents in a serial process (one after another) to the point where it can produce a whole grouping of documents at one time (parallel processing).  Bob is trying to demonstrate to lawyers how they can produce legal documents at low cost.  Think of his product as taking the legal production process as moving from making expensive hand-made watches to producing inexpensive Timex watches.

    However, after his talk I couldn’t help looking back over my shoulder for the legal equivalent of the smartphone. Hmmm….perhaps it is just a matter of time..

    Posted in Adding Value, Business Development, Change Management, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Technology, Trends | Permalink | No Comments »
    April 3rd, 2014

    ♫  There’s a bridge
    I don’t know how to cross yet
    I need your hand
    To hold along the way..♫

    Music and lyrics by: Tozer, Faye/lauper, Cyndi/pilsford, Jan/irn, Jasper, recorded by Steps.

    scansnap ix1500

    Since I am just recently back from ABA Techshow in Chicago which was held last week, I thought this blog post could be an amalgam of the sessions that touched on going paperless that I saw as well as the management issues that were raised in these sessions.

    To start, there are “Three Key Steps to Paperless Success.” These are:

    1. Everything gets scanned
    2. You need protocols in place to make sure it gets done
    3. You (and everyone else) has to make time to do it

    If you don’t scan everything, nothing else matters as the systems then start to break down.

    There are three Scanning Methods that you can adopt:

    1. Centralized Scanning:  This is suitable for large firms. Here you have one person or a team dedicated to the task, using large capacity scanners
    2. Distributed Scanning:  This is suitable for smaller firms, where everyone scans their own documents.  Here you have staff that have multiple roles, including scanning. The King of Scanners for this method of scanning: The Fujitsu ScanSnap.
    3. Hybrid Scanning: This method is suitable for medium to larger firms.  Here work groups scan their own documents, using a variety of scanners.  Staff have greater familiarity with the types of documents being scanned as compared to Centralized Scanning.

    Regarding  the management process behind the decision to go paperless, the suggestions were: Read the rest of this entry »

    Posted in Change Management, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, Technology, Tips, Trends | Permalink | 1 Comment »
    March 20th, 2014

    ♫ Wake up and live, y’all!
    (Wake up and live) Wake up and live now!
    You see, one – one cocoa full a basket,
    Whey they use you live big today: tomorrow you buried in-a casket…

    Lyrics and music by Bob Marley, Anthony Davis, recorded by Bob Marley and The Wailers.

    palm tree 2

    This post is being written up in Whistler BC while on a spring-break ski trip.  Garry sent me an email that he will be off to Jamaica this week to lie under a palm tree.  Whether it be snow or sand that calls to you, the important thing is to heed that call and take the break from your routine and live big today!

    The WebMD says:

    Get away — often.  It’s a fact: People who take vacations have lower stress and a less risk of heart disease — not to mention a better outlook on life and more motivation to achieve goals.

    Need more motivation? Psychology Today in an article entitled “The importance of vacations to our physical and mental health” says:

    Chronic stress takes its toll in part on our body’s ability to resist infection, maintain vital functions, and even ability to avoid injury. When you’re stressed out and tired, you are more likely to become ill, your arteries take a beating, and you’re more likely to have an accident. Your sleep will suffer, you won’t digest your food as well, and even the genetic material in the cells of your body may start to become altered in a bad way. Mentally, not only do you become more irritable, depressed, and anxious, but your memory will become worse and you’ll make poorer decisions. You’ll also be less fun to be with, causing you to become more isolated, lonely, and depressed.

    So there are multiple reasons for taking that break!

    Psychology Today goes even further:

    In a 2009 study, Canadian researchers Joudrey and Wallace reported that “active” leisure pursuits (such as golf!) and taking vacations helped to buffer or ameliorate the job stress among a sample of almost 900 lawyers.

    Advantage Behavioural Healthcare says in regards to vacations:

    Relationships are enriched

    Spending time together enriches a marriage, which strengthens the family foundation. Through traditions and rituals, such as vacations, any relationship can be enriched. Vacations and other traditions make memories and are the glue that binds us. Vacation can provide an opportunity to talk with one another, learn new skills or discover new interests.

    It is not just the taking of the vacation that has benefits. The WebMD goes further:

    Even better, the biggest boost in happiness comes from planning the vacation. You can feel the effects up to 8 weeks prior to your trip. And when you’re done with that retreat, start planning the next one. Simply having something to look forward to can be rewarding.

    I can hardly wait to start planning the next ski break!  Wake up and live now!

    (concurrently posted to slawtips.ca)

    Posted in Adding Value, Change Management, Issues facing Law Firms, Leadership and Strategic Planning, personal focus and renewal, Tips, Trends | Permalink | No Comments »
    March 6th, 2014

    ♫  Doin it right, doin it right
    Doin it right, doin it right
    The blues bands cookin and the drummers burnin down
    Doin it right on the wrong side of town!!!  

    Lyrics, music and recorded by the Powder Blues.

     

    fail2

    Law firms like to think that they do things rather well.  Exceptionally well, as a matter of fact. Particularly the biggest ones.

    Only problem is, not everyone agrees with that perception.  Take Casey Flaherty for example.  Casey just happens to be the General Counsel at Kia Motors America.  In his words (and this is an exact quote) “Lawyers see themselves as Tom Cruise but most of their work is drudgery.. and they suck at using computers.”

    His proof?  He gave a mock assignment to lawyers that he knew should take no longer than 30 minutes to complete. When tested the average time to compete the assignment was 5 hours  and some took as long as 8 hours.

    He has devised a technology audit that he gives to firms before he engages them to test their technology competence.  We are not talking sophisticated legal tools here. Casey is testing knowledge and use of basic Microsoft Office applications such as Word, Excel and Adobe Acrobat.

    From the ABA Journal article by Casey Flaherty himself, he stated:

    Sample tasks include:

    (a) formatting a motion in Word,

    (b) preparing motion exhibits in PDF, and

    (c) creating an arbitration exhibit index in Excel.

    The specific tasks, however, are of little importance as they are designed to test general skills. The foregoing examples could just as easily be:

    (a) formatting a contract in Word,

    (b) Bates stamping a document production of PDFs, or

    (c) isolating pertinent performance data in Excel—or, really, any of the other myriad, routine, low-value-added tasks that lawyers regularly complete on their computers (or should).

    He has given the audit 10 times.  All firms failed…some spectacularly.  Both the median and mean was 5 hours.

    What does he have to say about the audit results?

    My claims are much broader: a lot (of waste exists in the legal system) and enough (of that waste is attributable to technological incompetence to make this a problem worth addressing)

    The real issue is that law firms (and particularly the largest ones) have absolutely no incentive to have their lawyers increase their technological knowledge.  So long as they bill by the billable hour –  meaning there are no competitive pressures forcing them to acquire greater skills, this situation will exist.  The greater hours put into a file translate to a bigger bottom line.

    There is something very very fundamentally wrong here. No other business or profession has been allowed to languish on the borders of technological incompetence and still be in business.  Most if not all other business would have been driven out of business by failing to meet mounting competitive pressures.

    Is there a correlation here with Access to Justice?  The middle class have been claiming that lawyers are far too expensive and out of reach for their typical legal problems for some time now.

    I wonder just how long the public will stand by before they start to call for fundamental changes to the legal system in order to bring about the changes that they desire.  My co-author for this column, Garry Wise of Toronto, in reviewing this article stated that:

    But in fairness to Canadian lawyers, in part, without paperless courts and automated systems for court and other filings, there is even less incentive for us to master the skills that would be necessary to put electronic documents together.  Our system simply doesn’t require that we prepare or know how to complete effective “non-papyrus” documents.

    I agree with Gary ..the solution is not piece-meal.  We have to address the entire workflow of how we produce, serve, file, share, store, search, and archive legal documents. I was presenting at a CBA Immigration conference in Vancouver last week and my co-presenter Laura Best a lawyer at Embarkation Law Group asked the attendees how many people in attendance filed electronically in federal court.  Only a handful of hands went up indicating that even where e-filing is possible, lawyers are not getting on the bandwagon (Laura happens to be one of the biggest users of e-filing here in BC, I understand).

    This is a knowledge management issue, it is a management issue, it is an issue where all the players in the room have to come to the table to brainstorm on how to change not only behaviours but the system itself to encourage lawyers to bring about the necessary change.

    The call to arms here for lawyers, law firms and regulators is to prod, push, cajole and otherwise mandate greater change before this change is thrust upon us.  We have to become students of change and move with the technological times. Management of firms should not stand by and simply be satisfied with the status quo.  They should be bringing in IT training (complete with tests and assignments) to ensure that their lawyers are up to speed on at least basic technological tasks.  There are no lack of trainers and programs, both in house and available thru consultants for this to occur. Furthermore, court administration, judges and tribunals should be right on-side and equally looking at how their systems can be improved to increase efficiencies and effectiveness.

    Perhaps another message for general counsel like Casey Flaherty is to look for smaller firms that could do it right…even if they come from the wrong side of town….

    This article is concurrently posted here and on slaw tips.ca.

    Posted in Adding Value, Change Management, Firm Governance, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends | Permalink | 2 Comments »