Guest Post (Ed Poll): Perception Versus Reality: “There Are Too Many Lawyers”

Today’s guest post was written by Ed Poll. You can learn more about him at the end of the post.

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A lot of M&M's.

(Photo credit: Wikipedia)

The United States has 1.25 million lawyers, and the perception from a regular stream of news stories suggests that is far too many.  Old and prestigious law firms have failed, lawyer layoffs have continued, law school graduates have sued their schools for misleading them about employment chances, and (according toThe New York Times) law school admissions for the upcoming 2013 academic year are headed for a 30-year low (down 38 percent from 2010).

However, the reality is that these headlines, all focus on “BigLaw” – the large corporate firms with many hundreds or even thousands of lawyers. While doom-sayers proclaim that the legal profession’s problem is too many lawyers, demand for legal services is still very large among the Main Street folks who can’t pay $1,000 an hour legal fees. These people need and will continue to need help with wills, divorces, taxes and house purchases. Such customers offer a lot of work to firms with costs flexible enough to be affordable.

What work will these lawyers do? It’s an undeniable fact that as society becomes more litigious, lawyers must deal with new causes of action all the time, and these affect the lives of everyday people.  Here is just one example.  In Los Angeles last year, the owner of a Honda Civic hybrid won an unusual Small Claims Court lawsuit against the auto giant for misleading statements about the high mileage her hybrid was supposed to, but did not, get. Experts said this judgment could transform product liability litigation nationwide for informed plaintiffs with a good small firm lawyer who can bring an individual lawsuit, rather than an expensive class action.

The point here is not so much the court action itself, but the fact that such causes of action affect the everyday lives of hundreds of thousands, if not millions, of people around the country.  Such people will need lawyers to help them.  The mega law firms with many hundreds or even thousands of lawyers may serve the 1% of the corporate world that is relentlessly pushing them for fee and overhead reductions. But, there will be a large group of customers – the 99% – who need sole practitioners and small firms

There is plenty of work available for those small firms that are affordable in their cost structures and nimble enough in their legal analysis.  Legislators have to justify their existence and continue to write new laws, providing work for lawyers to interpret these laws and advise their clients on their benefits or perils. Clients still look to lawyers when they need help or want to right a wrong.  The market is there for those lawyers who give up the perception that success as a lawyer means billing $1,000 an hour and making a million dollars a year – and who accept the reality that charging an affordable fee to help everyday people is a good way to make a living.

Edward Poll, J.D., M.B.A., CMC, coaches and consults attorneys throughout the country in the areas of starting and operating a law practice, strategic planning, profitability analysis, and practice development. He blogs at LawBiz, is a syndicated columnist and regular contributor to several major legal publications. His latest book, Life After Law: What Will You Do With the Next 6,000 Days? has received national recognition for helping lawyers plan for the time they decide to leave the practice of law. Ed is a Fellow, College of Law Practice Management®, Board Certified Coach to the Legal Profession, SAC® .  

ABA TechShow, Disruption, and Debate

Cover of "The Innovator's Dilemma: When N...

Cover via Amazon

On Wednesday, April 3rd, the evening before ABA TechShow 2013 officially launched, Lexthink.1 was held. If you’re not familiar with it, it’s an outside-the-box mini-conference and this year, each speaker gave 6 minute talks about “disruption” in the legal marketplace.

Sam Glover, over at Lawyerist, wasn’t sold on the theme. The way Sam sees it, disruption refers to “disruptive innovation” and while it may have affected other industries, he contends that thus far, the legal field has pretty much been immune:

So far, the only disruption to the practice of law has happened around the edges. Sure, Rocket Lawyer and LegalZoom may have siphoned off a few clients. And predictive coding will put some contract lawyers out of their jobs (although doc review is only “legal work” due to a technicality), but can anyone point to an imminent threat of disruption to the legal market? I don’t think so…

If the legal market is hit by disruptive innovation, it will not come from people taking old business models and putting them online, which is all that has happened to legal research, forms, and pre-paid legal services. Instead, it will be more like Netflix driving Blockbuster to bankruptcy in a few short years.

Sam’s last analogy refers to a point made by MyCase’s very own Matt Spiegel during his Lexthink.1 talk. Matt asserted that just as Netflix destroyed BlockBuster’s business model in a few short years, so too will the online delivery of legal services drastically affect the concept of the brick and mortar law office as we now know it. In other words, the playing field is leveling.

Matt did not contend that the brick and mortar office would completely disappear, but rather, that astute lawyers would begin to position themselves to take advantage of the many benefits–including cost-savings, flexibility and agility–offered by the delivery of some or all aspects of legal services via online portals and platforms. And, according to Matt, the online delivery of legal services would act both as a  a supplement to and in some cases, a replacement for, traditional methods of delivering legal services.

In his talk, Matt astutely observed the similarities between movie-goers and legal consumers–specifically that the Internet has provided new ways of delivering both types of services thus resulting in a fundamental shift in the purchasing habits and expectations of consumers.

In other words, like movie-goers, legal consumers are beginning to expect more choices and greater flexibility. Movie-goers want to choose when and how they view movies just as legal consumers want more control over how and when they interact with their lawyers and obtain information about their cases.

And lawyers, by using affordable online legal software to manage their practices and communicate with their clients–and in some cases, choosing to abandon a brick and mortar office altogether–are able to provide more cost-effective and responsive legal representation.

Likewise, lawyers can take advantage of mobile apps to enhance their ability to represent their clients. For example,  attorneys can interface with their law practice management software and communicate securely with their clients using an app and their mobile device. Similarly, emerging technology allows solo and small firm attorneys to compete with BigLaw by using just their iPad and a trial presentation app that costs less $100 to present a client’s case to a jury. Before the recent advent of these types of apps, trial presentation software was premise-based and thus used primarily by large law firms since it cost thousands of dollars. Now solo and small firm attorneys have this affordable and powerful tool available in their arsenal. These tools are leveling the playing field.

But, is this type of technology truly disruptive? According to Clayton M. Christensen, the person who coined the term “disruptive innovation” in his book The Innovator’s Dilemmait is.

As he explains in his 2007 Forbes article A Decade of Disruption

A disruptor redefines the notion of performance by pulling an overlooked innovation lever. Simplicity. Convenience. Accessibility. Affordability. All of these are hallmarks of disruptive innovation…

Generally, the true disruptive power of an innovation lies not in the technology itself but in the business model that surrounds that technology. Successful disruptors have the ability to make money at low price points. Or they have low overheads that allow them to start small and adapt. Or they play in a very different value chain, with new partners, suppliers and channels to market. It is these business model differences, and not technological prowess, that so often throw incumbents off-balance.

Simplicity. Convenience. Accessibility. Affordability. These characteristics are the very essence of disruption. And the delivery of online legal services– including communicating and collaborating with clients, co-counsel,  experts, and more via online law practice management platforms and mobile apps–is at the heart of the disruption. Just as the MinuteClinic’s low cost health care kiosks disrupted the delivery of health care services in 2000, the business model of the practice of law is likewise undergoing a dramatic transformation. The method of delivery is changing. The playing field is leveling. Disruption is occurring.

Which means that you have a choice to make. As Matt Spiegel asked at the close of his talk: Do you want your law firm to be Netflix or Blockbuster?

–Nicole Black

[UPDATED] ABA Techshow 2013: All You Need to Know

techshow2013

[Updated to add Rocket Lawyer and Fastcase's Wednesday night events, below]

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Next week, tech-minded lawyers and legal professionals will descend upon Chicago for the annual ABA Techshow. If you’re not familiar with it, Techshow is a legal technology conference sponsored the the ABA’s Law Practice Management Section and its goal is “to bring lawyers and technology together.”

The schedule

This year looks to be as jam-packed full of useful information as ever, with a strong focus on mobile technologies and apps, cloud computing, social media, paperless offices, and collaboration tools and techniques. The entire conference schedule can be found here. And, for first time attendees, the ABA offer this very helpful guide to the conference.

The app

The ABA now offers a handy conference app which includes the full schedule, a list of exhibitors, and more. You can download the Android app here and the iOS app here

The EXPO Hall

And, if checking out all of the latest legal technology offerings is your thing, well then you’re in luck! The EXPO Hall is the answer you’ve been looking for and even if you’d rather not attend the conference, you can still visit the EXPO Hall by picking up a free EXPO Hall pass here.

At the EXPO Hall, you’ll find legal technology companies of all stripes and sizes, from traditional legal software companies to cutting edge legal cloud software companies and legal mobile app developers. Jason Wilson has a great run down of this year’s exhibitors at Rethinck and you can view this year’s EXPO Hall floor plan here. And, if you’re in the market for law practice management software, don’t forget to stop by and visit MyCase at booth 410, charge your mobile device, and sign up to win a $500 American Airlines gift card!

The pre-conference conference

Also, be sure to arrive early so you can attend Lexthink.1, an outside-the-box mini-conference held on the eve of Techshow at 8 pm on April 3rd at the Chicago Hilton. This year’s theme is “disruption,” and, along with 9 other speakersMyCase’s very own Matt Spiegel will give a 6 minute talk on “The Death of the Office.” Get your tickets here.

The social calendar

Of course, there’s more to Techshow than just the sessions and the EXPO Hall–it’s just as much about networking and having fun. And there are lots of opportunities for that!

First, on Wednesday night, Rocket Lawyer is hosting a reception at 6 pm right before Lexthink.1 (in the room next to where Lexthink.1 is being held. Then, Fastcase is hosting Sangria Happy Hour immediately following Lexthink.1. It starts at 9:30 pm and will be held at Mercat a la Planxa, 638 S Michigan Avenue.

Next, on Thursday April 4th after the official ABATECHSHOW welcome reception at 5:30 pm in the EXPO Hall, don’t miss Martinis with MyCase on Thursday April 4th from 6:30 – 9:30 pm at Buddy Guy’s Legends. You can learn more about the event here and if you’d like to attend, drop me an email and I’ll have an invite sent out to you (niki.invite.rsvp@gmail.com), but hurry–there’s not much room left!

On Friday night April 5th from 5:30-7pm, the annual “Beer for Blawggers” event will be held in the Hilton Chicago’s Lakeside Green Lounge.

Finally, when it comes to dinners, you’ve got a lot to choose from! First, Carolyn Elefant and I are co-hosting a dinner on Friday night at 6:30 pm: Wine and Dine Offline in Chicago. You can learn more about the dinner here. If you’d like to attend, drop me an email (niki.invite.rsvp@gmail.com) and I’ll have an invite sent out to you, but hurry–there are only a few spots left!

And last, but certainly not least, are the Taste of Techshow dinners which are hosted by this year’s Techshow speakers. The dinners are held on Thursday and Friday nights and you can sign up once you arrive at the conference.

So there you have it–the scoop on Techshow 2013! Safe travels and hope to see you there!

–Nicole Black

Unbundled legal services: Steph Kimbro tells you everything you need to know

kimbro_189_medium-e1339441244427This week, we caught up with Stephanie Kimbro, an attorney and well-known author and expert on virtual law offices and unbundled legal services, among other things. She is the author of “Virtual Law Practice: How to Deliver Legal Services Online” and “Limited Scope Legal Services: Unbundling and the Self-Help Client.” (You can enter our latest giveaway to win the latter book here.)
Today, she answered our questions regarding the fundamentals of delivering unbundled legal services, in addition to the ethical issues that lawyers should be aware of prior to offering limited scope legal services.
What does “unbundled legal services” mean?
“Unbundled legal services” means that a law firm breaks down a legal matter or a client’s legal needs into components. The attorney tells the cleint that as your lawyer I’ll handle certain parts of your legal matter and you are responsible for the other parts fo the matter. So with an unbundled legal services agreement you must define very clearly the responsibilities of both lawyer and client.
What are some of th benefits of delivering legal services this way?
For lawyers, it provides a chance to offer different types of services–perhaps a larger variety than full representation would since there are clients that that don’t necessarily want full legal representation and would instead prefer that a law firm handle only certain aspects of a case. Keep in mind that these potential clients aren’t limited to just low income clients. In fact, some law firms actually seek out unbundled legal services since doing so allows them to outsource some aspects of representation. So, for example  solos and small firms can unbundle for other law firms, such as for in house counsel. Of course, unbundling isn’t limited to transactional law matters and and is possible for collaborative law, negotiations  strategy, counseling, coaching, ghost writing, and even limited appearances. Another benefit for lawyers document automation tools make it easy for the lawyer to offer legal forms and documents as an unbundled service. Unbundled legal services are beneficial for clients as well since it gives them more control over their legal needs. Usually unbundled services are more affordable and oftentimes are more convenient because online technology makes it possible for the services to be provided more quickly and efficiently.
What are some drawbacks of unbundled legal services?

If the lawyer does not educate the client about the difference between full services and unbundled, then the client receiving unbundled services may not clearly understand how much work they will be responsible or that they would be better off having an attorney handle even the footwork in their matter. Second, if the lawyer does not thoroughly vet out the legal need of the client ahead of time in the intake process, it is possible that there will be extraneous circumstances that will come up to make the work more appropriate for full service representation than unbundled.
What are the top ethical issues to be aware of?
Lawyers need to clearly define the scope of the representation and ensure that the client understands exactly what they will be responsible for. They need to be aware of their state’s rules regarding ghostwriting and limited appearances. Most states allow for unbundling but several have different positions on whether they will allow these two specific practices and what is required.
What practice areas are most amenable to unbundled legal services?
Transactions based practices are the easiest to unbundle. Right now we are seeing an increase in unbundling of IP work (trademark, copyright, patent) and immigration law because they are federal. Business law, family law and estate planning are still the biggest areas for unbundling. Most lawyers are adding unbundling to their list of services in addition to full service at their firm rather than firms providing only limited scope services.
Who shouldn’t consider it? 
The most obvious examples are criminal defense lawyers or those who handle complex child custody cases, since representation has to be continuous and ongoing and and thus to unbundle legal services for these types of matters would be unethical.
What trends to you foresee in the future for unbundled legal services?
Unbundling is going to increase for two reasons: 1) it lends itself to more affordable fixed pricing and convenient delivery and 2) almost all of these many legal tech startups that are cropping up involve the practice of unbundling either by providing it themselves through their tech platforms with expert systems or doc automation or by the lawyers who participate in their branded networks to deliver unbundled services in the form of guidance, advice, strategy, review, drafting, etc.
Are virtual law firms particularly well-suited for delivering unbundled legal services?
Virtual firms are well-suited to deliver unbundled services because most individuals seeking limited scope services are going online to look for them. From a marketing standpoint, it’s easier to market unbundled services if you have a virtual firm. However, traditional law firms are just as equally capable of delivering unbundled services and many have done so for years but just don’t call it that. They just deliver the services in-person.
What are the best practices for delivering legal services in this way?
The creation of the limited scope engagement agreement is the most critical best practice. The lawyer should have this in place as well as educational handouts and checklists that will guide the client through the process of unbundling as well as through what they will be responsible for completing on their own.
Lawyers also have to have a thorough client intake process that asks the best questions to determine whether it is appropriate to unbundle for a client or whether they need full service assistance. The lawyer should also provide a termination letter at the end of the limited representation that reminds the client about the scope of the services and that the remainder of the work is their own responsibilityhandouts and checklists that will guide the client through the process of unbundling as well as through what they will be responsible for completing on their own.
Even the legal services community who for years has called for only full service representation for all is now starting to promote unbundling as one of the major ways we can improve access to justice in our country. This is a significant shift.
The ABA Standing Committee on the Delivery of Legal Services is also asking the ABA House of Delegates to pass a resolution advancing limited scope representation and it has the support of several ABA entities as discussed here.
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For more information on unbundled legal services, you can download Steph Kimbro’s free ebook here or for a more detailed analysis of the issues, you can buy her recently published ABA book on unbundled legal services here.

iWatch: The Future of iPractice?

The iWatch - Only a Matter of Time

The iWatch – Only a Matter of Time (Photo credit: wmacphail)

Rumors abound. Apple may be in the process of creating an iWatch–a watch-like smart phone with a flexible screen that has been described as the next step toward wearable, always with you technology. Whether it’s Google Goggles or the iWatch, it seems undeniable that we’re moving toward an always-connected culture–and we’re headed there quickly.

Which is great. But so what? If the iWatch becomes reality, will it have a direct effect on the delivery of legal services? Will it single handedly change the way that lawyers practice law? Probably not. But the very real possibility that wearable technology is in our near future is simply further evidence that the times they are a-changin’–and they’re changing fast.

And these new technologies are affecting–and being embraced–by every generation of legal consumers, from the Baby Boomers on down. For example, as Kevin O’Keefe recently reported at Real Lawyers Have Blogs, although adults 60 years and over tend to prefer reading from pages on physical books, they are actually able to read more efficiently using digital readers. Based on that information, Kevin suggested that law firm content should be digitized since older law firm clients find it easier to read digital content.

From that same data, Omar Ha-Redeye concluded at Slaw that lawyers of all ages are able to more easily read digital content so firms should switch from paper to ereaders in order to increase attorney productivity and efficiency:

The older readers generally spent nearly 3 seconds more reading paper and over 4 seconds more reading on an e-reader than they did a tablet. That means that potentially lawyers can read more and presumably read better when using a tablet instead of paper.

And when you attach a time savings and demonstrate efficiencies to decision-makers in law firms, you just might be able to convince them all that they should invest in the technology to go digital.

So, this particular advancement–the ability to easily and inexpensively digitize content and how doing so benefits lawyers and legal consumers of all ages–is just one example of how new technologies can affect the delivery of legal information and legal services.

But ereaders are just one example of how technology is changing our profession and our society from the ground up–and how important it is to acknowledge the effects of new technologies. Because, as noted legal futurist Richard Susskind explains in his just-published book, Tomorrow’s Lawyers: An Introduction to Your Future, the effects of sudden and dramatic shifts are sometimes difficult to comprehend when you’re smack dab in the middle of transformative change:

Two aspects of disruptive technology theory are noteworthy. First, as the Kodak example illustrates, disruptive technologies can help to unseat and bring about the demise even of market leaders. Second, in the early days of disruptive technologies, market leaders as well as their customers often dismiss the new systems as superficial and unlikely to take off. Later, however, they gain acceptance, customers often switch quickly to services based on the new technology, whereas providers, unless they are early adopters, are often too late to recognize their real potential and never manage to regain ground.

That the legal field is slow to adapt to and take advantage of the recent technological revolution is not a new claim. Study after study has borne out this conclusion, most recently, as noted at the Cordell Parvin blog, in a study out of Georgetown Law Center for the Study of the Legal Profession, the 2013 Report on the State of the Legal Market.

Cordell explains that many lawyers are so overwhelmed by the speed of change that they’re simply turning a blind eye rather than trying to keep up, and quotes the following telling excerpt from the report:

The legal market today is an increasingly difficult and challenging environment, one that calls for clear thinking, strategic focus, and flexibility in addressing rapidly changing realities. To an unfortunate extent, however, many lawyers and law firms seem stuck in old models–traditional ways of  thinking about law firm economics and structure, legal work processes, talent management,and client relationships–that are no longer well suited to the market environment in which they compete.

In fact, the way that legal services are delivered is already undergoing massive change, as evidenced by last week’s US-based LegalForce launch,   a physical store resembling an Apple store that aids legal consumers in finding legal information and legal representation. Carolyn Elefant at My Shingle explains how it functions:

Inspired in part by the AppleStore concept, LegalForce makes the law user friendly just as Apple has made technology user-friendly for the past decades.  The LegalForce store functions as the physical hub for a variety of law-related services for consumers and small businesses, offering law and business books, tablets loaded with law resources and access to computer-based forms.  After all, many times consumers may not need a lawyer at all.

So, change in the delivery of legal services is clearly afoot. That this rapid change is occurring is undisputed. That it’s changing the way that our culture communicates, interacts, and conducts business is likewise indisputable. For proof, look no further than Oreo’s wildly successful Super Bowl ad–arguably the most talked about of all Super Bowl ads–created spur of the moment during the power outage and which immediately went viral via social media.

It’s a different world now. Just 5 years ago, the Oreo ad would have been unthinkable. And that’s the problem–the rate of change is so drastic that it’s difficult to wrap one’s mind around it, let alone predict where it will lead.

That the legal field will be affected is a given, but what the law firm of tomorrow will look like anyone’s guess. Astute lawyers will at least be thinking about the possibilities and that’s what’s important. Because that forward-thinking, open-minded mindset is what will ultimately be the difference between swimming and sinking in the emerging legal landscape.

–Nicole Black

Law Practice Management Wrap Up

Origami Box and Jewelry Bag

(Photo credit: hjwllms)

We here at MyCase love to read and learn everything there is to know about law practice management. So we make it a point to follow blogs that focus on law practice management in the 21st Century. And, every few weeks, we’ll share some of the posts that we found to be most interesting.

So now, for your reading pleasure–our wrap up of some of our favorite posts from the past few weeks:

The 21st Century Law Practice: Carolyn Elefant Offers Solos Money and Time Saving Tips

Carolyn Elefant: MyShingle.com

(Photo credit: vaXzine)

Earlier this month, I interviewed Carolyn Elefant, lawyer, prolific author, and solo practitioner guru. Carolyn is the author of the recently updated “Solo by Choice, How to be the Lawyer You’ve Always Wanted to Be” and its accompaniment, “The Companion Guide.” She is also the co-author of “Social Media for Lawyers: The Next Frontier.”

In this interview, she offered her very knowledgeable perspective on the different ways that solo practitioners can save time and money using 21st century tools and resources.

What are some ways to cut costs when you first hang your shingle?

The first thing I always tell people is to keep your costs low. Think about what you’ll be doing on a day-to-day basis and make sure that you’re spending money on things that are core to your practice–then cut corners in other places.

A lot of new lawyers think they need to go all out and buy expensive equipment and set up a fancy office. But if you do that, you’ll find yourself taking cases you really don’t want in order to pay bills. So instead, make sure to focus on mission critical issues for your law firm.

For example, if you’re a contract lawyer–investing in a top of the line research system is really important but if you only conduct legal research once every few months, use Google Scholar–it’s free. And, if you don’t need an office, work from home.

Conversely, if you’re the kind of person who needs office space to work because you find that you simply can’t focus at home, you’ll need a stand-alone office. Also, another option is to consider co-working since it’s inexpensive. While this type of office set up won’t work well for a criminal defense practice, for other types of practices, it can. And if you’re looking to cut overhead costs with a criminal defense practice, you may want to consider subletting since you’ll undoubtedly need to meet with clients and confidentiality is always an issue.

What 20th century law office staples have now become obsolete?

Interesting question. Things like very fancy office space were once considered critical and are now obsolete. Another example is a full-time secretary or administrative assistant who only types and corrects your documents and nothing else. These days, assistants need to be more all purpose and not just secretarial, So for example, in addition to typing, your assistant can help you with social media or assist in locating information online.

Desktop or server-based law practice management tools are obsolete. In theory you can access them via remote access programs but that’s simply not practical, especially for lawyers who want to take advantage of outsourced labor. Remote access programs are not nearly as secure and pose more security risks than the cloud. Cloud-based law practice management systems are ideal for situations where multiple users need to access case documents and are uniquely configured to address security issues with multiple users.

And finally, some say desktop word processing programs are becoming obsolete but for me, the jury’s still out on that. I still need desktop features but I can see next generation of lawyers using only cloud-based word processing programs.

What 4 technologies should every 21st Century law office have?

It goes without saying that every law practice should have a website and email. And every office should have some sort of cloud-based platform to collaborate with other lawyers–and potentially for clients to use as well. Also important is a cloud-based system to back up documents generated in house.

Which technologies have been the biggest game changers for small law firms? 

I would say the availability of resources on Google and the Internet generally. We often forget about that because it’s hard to remember life before the Internet. But the web is a tremendous resource.

So, for example, family law attorneys can now use the Internet for research and investigations. So, what once would have been extremely expensive endeavor consisting of hiring an investigator to find evidence that a spouse is cheating can now be accomplished by looking at data from Facebook and other social networks.

Another example– for zoning lawyers or personal injury lawyers–it’s easy to locate information online to show how far a curb was from the median line. It used to be that the costs to get diagrams for these types of cases was exorbitant. You had to send out a photographer to take photos. But now you can can use Google for diagrams, etc. thus greatly reducing costs in those cases.

Another major technology benefit is cloud computing. It makes the practice of law so much easier. 20 years ago I worked with lawyers in other states and we communicated by phone, email, and snail mail. But the cloud makes it seamless to pair up with a lawyer in a different jurisdiction. And e-filing has slashed the costs of filing a case. You can dash something off your desk at 10 minutes before midnight rather than making 30 copies, packing them, and then sending them off in the mail days ahead of the due date. So all of these things have given solos so much more power and the resources to get things done.

What are your tips for saving time and being more productive using new technologies?

Incorporate the use of mobile devices into your practice for checking emails, social media, etc. Doing so makes your time away from work more productive and lets you squeeze more work into the cracks. And, if you choose, you can immediately respond to clients via your  smart phone–which makes you more responsive and more productive.

 What are the top 3 things law firms waste their money on?

One of the biggest ways law firms waste money is on paid search engine optimization (SEO), especially when the firm’s website is lousy to begin with. You can have the best SEO in world, but if you bring potential clients to a website with little to no relevant content, potential clients won’t hire you.

Paid directory services and lead generation websites also generally tend to be a waste since the return on investment is not good and people get locked into long contracts.  Short term contracts are rarely available, which is unfortunate since short term contracts allow lawyers to try the service and see if it’s worth it. Instead, lawyers commit to long term contracts which require them to spend thousands of dollars each month and often the end results aren’t good. For many lawyers, a better option would be to spend the same amount of money each month and sponsor a networking event each month and get just as good, if not better, results.

–Nicole Black

The “Collaboration Generation” and the Legal Profession

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(Photo credit: flickingerbrad)

These days you can’t throw a stick without hitting someone who is discussing the effects that the Millennial generation is having–and will have–on our culture, on business, and on the legal profession. But will it be the Millennials–or the generation that follows them–that will fundamentally change the way that business is done?

Although definitions vary, most agree that Millennials are made up of those born after 1980 and one of the defining characteristics of this generation is that its members can’t recall life without the Internet. But, as this recent readwrite post explains, my generation, Gen X, is pretty adept with computers as well. In fact, when it comes to time spent online, we rule the roost, while Millennials are more mobile:

Generation X, defined as those born between 1965-1983, also has a higher percentage of desktop computer owners and spends more time online. But their Millennial kids, born 1984-2002, have a higher percentage of Internet users, and dominate the mobile surfing habits.

So, in many ways, Gen X and the Millennials really aren’t all that different when it comes to their use of computers. For that reason, I suspect that it  will be the choices and experiences of the next generation–in my opinion, the true “digital natives”–that will fundamentally change the course of our society and therefore, of business. Astute lawyers would be wise take this generation’s influence into account when positioning themselves to compete for legal services in the next decade.

But, before I delve into that idea further, let’s talk about this generation. Most contend that the cut off date for the newest generation is approximately 2000 and that those born after that date constitute “Generation Z.”  I believe that what truly defines this newest generation will be that they never knew a world where social media and online collaboration were not the norm.

So, while  Millennials were defined by never knowing a world without Internet access, what will define this next generation is that for them, online interaction and collaboration will be inherently comfortable and familiar and will be the default rather than exception. For that reason (and because the next generation will be letter-less at this rate!), I would argue that the “Collaboration Generation” is a far more apt description than “Generation Z” for this newest generation.

My 8 and 10 year old children are my best source of proof for this theory. They cannot imagine a world without smart phones, Google, instant access to information, and online collaboration . That’s why when my 8 year old recently asked my husband how old he was when he bought his first cell phone and he replied, “25,” her eyes widened and she said, “Wow Dad you must have grown up in ancient times!”

For my children, connectivity with people worldwide is their reality. Both of my children rarely watch television and instead stream videos via YouTube, Netflix, or Amazon Prime. Both are adept at using computers, are extremely familiar with browsing the Internet, and frequently participate in kid-safe online communities.

They view videos and content created by people worldwide and regularly see comments in languages unfamiliar to them. Not only that, but my 10 year old has repeatedly asked for–and been denied–permission to have a Facebook account or create her own YouTube videos, and both of my kids are aware that I create web content that is immediately available for viewing. For them, online interaction, creation, and consumption are the norm.

This has become even more evident now that they both own Kindle Fire tablets, which they received for the holidays. They use their tablets all the time for activities ranging from streaming videos and movies, downloading apps, playing games, and reading books. Collaborating as they do these things is just part of the experience for them.

For example, they will rate and leave comments on YouTube videos, rate apps, and, as I learned from sharing an Amazon account with them, rate books (in my name) after they’ve finished reading them, as my 10 year recently did:

By Niki (Rochester, NY United States)

This review is from: Warriors: Omen of the Stars #6: The Last Hope (Kindle Edition)

Even though it is the saddest book I have ever read I loved it. (SPOILER ALERT BIG TIME)
It is sooooooo SAD that Firestar dies and I don’t cry over books but this one made the tears come to my eyes when Mousefur and Hollyleaf AND Frostfur died. The big face off between Firestar and Tigerstar was epic but when Firestar died and Sandstorm was SAD IT was realistic and you could feel the clans grief if u have reed and reread the Warrior series. A big thumbs up to Erin Hunter for this AMAZING master piece.

When I received my first email advising me that a review had been posted to my Amazon account, I was surprised (and slightly horrified by the spelling and grammatical errors attributed to me).

Of course, after thinking about it, I quickly realized that her foray into online rating and collaboration was anything but surprising. In fact, it was entirely predictable and unremarkable because it was a natural extension of her worldview. Like most children of her generation, she doesn’t simply consume entertainment. She experiences it and shares her opinion with the world.

That’s the reality of the Collaboration Generation. You read something that you enjoy and then you share your experience. You watch a video or movie that is horrible and then warn others to avoid it. Unlike prior generations, these kids aren’t passive consumers–they’re collaborative users and creators. That characteristic is what defines this generation and will affect they way that they–and everyone else–conducts business.

Richard Susskind discusses this idea in his most recent book, Tomorrow’s lawyers: An introduction to your future, wherein he explains how technology and the online world is transforming business, including the business of law and how the legal field, beginning with our legal training, is simply not keeping up. I’m currently reading a review copy of this book and will write about it soon, but the Legal Futures blog addressed the concepts discussed in his book in a blog post from last July, which discussed Susskind’s recent comments about his book at the LawTech Camp in London:

He continued: “What are we training in huge numbers young lawyers to become? Traditional, one-to-one, bespoke face-to-face consultative advisers who specialise in individual jurisdictions and charge by the hour? Yes… (Instead, are we training them to be) (m)ore flexible team-based hybrid professionals able to transcend legal boundaries and motivated to draw in techniques of modern management and information technology? Hardly ever anywhere in our world. We’re teaching lawyers to be something they no longer need to be.”

In other words, the effects of collaborative technologies and the flattening of the world are inescapable. Businesses must incorporate this newfound reality into their long term plans. The legal profession is not immune from this phenomenon and astute members of our profession will envision ways to re-create the practice of law from the ground up, beginning with legal training, so that lawyers will thrive in the future, instead of failing. Because competition–from lawyers and non-lawyers alike–will be fierce. Keep up or pay the price.

–Nicole Black

Law Practice Management Wrap Up

English: Sofitel Macau 3rd Yr Anniversary - Ma...

(Photo credit: Wikipedia)

We here at MyCase love to read and learn everything there is to know about law practice management. So we make it a point to follow blogs that focus on law practice management in the 21st Century. And, every few weeks, we’ll share some of the posts that we found to be most interesting.

So now, for your reading pleasure–our wrap up of some of our favorite posts from the past few weeks:

Lawyers’ Use of Cloud Computing on the Rise in 2012

English: Cloud Computing visual diagram

(Photo credit: Wikipedia)

Cloud computing, where your data and software are stored on servers owned and maintained by a third party, has been around for years now and offers law firms, both big and small, many benefits, including affordability, flexibility and agility.

Because of the increasing prevalence of cloud computing, most lawyers are now familiar with the concept and are warming up to it. This is because the cost/benefits balance has shifted in favor of cloud computing as it becomes a more recognized and accepted technology and as legal cloud computing providers have responded to consumer worries by implementing procedures and mechanisms to reduce perceived risks.

But, please, don’t take my word on it. That lawyers are increasingly using cloud computing services is borne out by the results of 3 different legal technology surveys conducted over the past year.

First, there’s the 2012 ABA Legal Tech Survey, which indicates that cloud computing use continues to increase, especially among solos and small firms. According to this survey, 29 percent of solos and small firms reported using cloud computing, with small firms of two to nine lawyers close behind at 26 percent.

For firms with 500 or more attorneys, nearly 15 percent have utilized some form of cloud computing, with that percentage dropping to 8 percent for firms with 100-499 lawyers. In other words, the use of cloud computing products by large law firms is becoming more commonplace, but we’ve got some ways to go before cloud computing becomes the norm in BigLaw.

The results of the  2012 Am Law Tech Survey, which compiled the responses of 83 Am Law 200 CIOs and technology chiefs regarding their law firms’ use of technology over the past year, were similar: the use of cloud computing by large law firms is increasing, albeit at a slower rate than that of solos of small firms.

Nevertheless, there has been an uptick of cloud computing use, with 74 percent reporting using hosted computing services, a marked increase from the 65 percent that reported using these services in last year’s survey. And, 50 percent of respondents reported an increase in the use of cloud services compared to the prior year.

Also, according to the report, responding firms used cloud computing in varying ways. 63 percent used it for e-discovery and litigation support, over 37 percent used the cloud for human resource matters, 38 percent used it for email management, 13 percent reported using cloud services for data storage, 7 percent used it for billing and 8 percent used cloud-based platforms for document management.

The main cloud computing benefits cited by respondents were simplified support and maintenance (83 percent) and the reduced need for in-house servers and other hardware (44 percent).

Finally, let’s consider international attitudes regarding the use of cloud computing by lawyers compliments of the recently published Legal IT Professionals 2012 Global Cloud Survey Report, which was completed by 427 respondents from across the globe who held varying roles in the legal services industry.

The results of this report showed strong indications of an acceptance and inevitability regarding the mass adoption of cloud computing tools and their use in the legal services industry. 52 percent of those surveyed reported that their opinion about cloud computing had improved over the last year,  just 9 percent reported that their opinion had declined, and nearly 38 percent reported no change in their attitude about cloud computing.

Most importantly, nearly all respondents acknowledged that cloud computing would ultimately overtake on-premise computing in the legal industry, with only 16 percent claiming that this would never occur. And of those who made this assertion, 49 percent consisted of those with a vested interest in maintaining the status quo of on-premise computing: CIOs and CTOs.

In comparison, less than 14 percent of those who believed that cloud computing would never overtake on-premise computing were external IT consultants. And, the majority of respondents, nearly 57 percent, predicted that cloud computing would prevail in 5 years, with nearly 19 percent of that group believing that it would occur in just 3 years.

So, overall the forecast for the use of cloud computing by lawyers is a good one and the scales are now tipping in favor of this 21st century technology. Although the legal profession was initially hesitant to embrace the benefits of cloud computing, it is perceived by many businesses, both legal and non-legal alike, to be a viable and appealing alternative to traditional server-based computing. Lawyers now realize that legal cloud computing services make their job easier and provide a level of convenience and flexibility never before seen, thus offering them an innovative and affordable way to better serve their clients.

–Niki Black