Traditional or Home Office - The Great Debate

One of the first things solo lawyers debate is where to practice. This isn't particularly a practice "specialty" debate, as much as a general debate regarding locating your practice.

 

There are two general "schools" of thought regarding locating your practice. The first is the home office school, while the other is the traditional method.

Home office lawyers champion the idea that because of technology, the location of your practice is not important. With WiFi almost as common as the cell phone, your office can be anywhere you want.

 

The traditional school believes that your office is what distinguishes you from the "schmuck" attorney, and that having a physical location lends credibility to your solo practice.

 

My thoughts have always centered around those of the traditional school, but there's viability to the home office crowd.

When I began my practice, there really was no home office option. I have 3 small children, and therefore, practicing out of my home would have been a disaster. I realized early in law school that if I wanted to accomplish any work, I had to leave the home. Many other attorneys find the same thing.

There are some particular pros and cons to each, and here they are:

Traditional: Pros

1. "Secure" space to meet with clients and discuss important issues;
2. Ability to network with other businesses, attorneys, or professionals sharing office space or in the building;
3. "Legitimacy" to the solo practice;
4. Focus for unfocused home office people
   

Traditional: Cons

1. Costs for renting/outfitting office space
2. Distractions from others
3. Takes time to get going
   

Home Office: Pros

1. Little to no overhead
2. Use cellphone/home internet/technology to manage office
3. Meet clients where and when you want
4. Easy work/life balance
5. Easy to get going
   

Home Office: Cons

1. Distractions at home (dishes, kids, TV, etc.)
2. Perceived "illegitimacy"
3. Meet clients at home or travel elsewhere - consumes extra, valuable time or raises security concerns

I think most new attorneys will opt for the traditional method of practicing. I think, like me, you learned early in your academic career that you're less productive if you're sitting at home.

I believe if you leverage technology, you can establish a high-quality work/life balance working away from home.

Startup Predictor

The website, YouNoodle has created a pretty cool predictor to estimate the value of your startup. The cool thing about this is that you can get the prediction for your startup's value in 3 years. Although the test is geared toward traditional startup ventures (ie: those types of businesses that can take/split profits with non-lawyers), the predictor gives a nice glimpse into your firm's success.

I took the test for my firm's site, and failed miserably (although it values my firm at $141,000 after 3 years, so I don't think that's too bad), as far as my potential for the million dollar firm.

Your Alma Mater

Not feeling like you got the best education during law school? Check out this post by Scott Moss, which ranks the top 10 law schools. The catch, Scott uses crimes and punishments to create the list. The spoiler, Harvard (said with sarcastic arogance) ranks numero uno.

Our firm's site

Check out the blog on our law firm's site.

Hanging the Shingle

I participated in the swearing-in ceremony for the Western District of Oklahoma on Thursday. This was a great experience, and a great opportunity to reconnect with folks I hadn't seen since graduation. What struck me the most out of this whole event was the number of my classmates who have "hung their shingle."

As this report, this report, and this report in law.com show, associate layoffs are certainly going to be a trend in this new economy. One of my colleagues faced a similar situation with his "Big Law" job, when he discovered that his firm was "imploding." Suddenly his seemingly strong and stable job turned into mush. He's now struggling, 3 months after becoming an attorney, to begin operation.

Other folks I'd graduated with told similar stories of having to fend for themselves without any guidance. This isn't a trend that will quickly disappear. Big firms, and even some smaller firms, are seeing that they cannot handle these $130,000-plus salaries, and still support their big law models. There is a strong argument from these reports that even the small firms must evaluate their own business models in order to stay competitive - that's another post all together.

What everyone should be concerned about is the sudden influx of attorneys into solo practice who know nothing about the actual practice, and business, of law. If you're one of them, here's some suggestions:

1. Purchase Jay Foonberg and Carolyn Elefant's books.
2. Sign up for Solo Practice University.
3. Talk to your Bar's law practice/solo and small firm section leader.
4. Don't mock the solos (we know you did), because, now you're one of them. Amazing how quickly situations change, isn't it?

Plaintiff's Victory

Finally (now you know my bias), a victory for Plaintiffs in Oklahoma. Check out Woods v. Unity Health Center, Inc., 2008 OK 97.

Marketing and Marketability at its best

Congratulations to Barack Obama! What an accomplishment, and what a statement of resounding approval. Obama takes the presidency with over 52% of the popular vote, and with a landslide in the electoral college. So, what made Obama the clear-cut victor? Simply stated, his thematic message, "Change We Can Believe In."

Regardless of you opinion of whether he actually promoted policies that would lead to change, President-elect Obama created something extraordinarily special, and meaningful for many people. The essence of Obama's campaign was his theme.

Obama did two really great things to build on that theme, and tie everything together. First, he used the message in every campaign stump. This is something that John McCain failed to grasp, and failed to do well. Obama made sure to notify Americans that he promoted change, and that constant notification gave many people encouragement.

Second, Barack Obama used other media methods to promote his message. Obama's website was a textbook in web-publishing, and the multiple tools only enhanced its appeal. While John McCain appreciated many of the methods, his acceptance and use of these tools dwindled significantly when compared to Obama's. I was especially impressed with Obama's use of television and his website to promote his tax plan. I innocently typed in the specific URL, and immediately a non-descript tax calculator showed up. What a great combination of visual and tactile marketing to encourage and rally tech-savy youth.

Additionally, the Obama campaign masterfully used technology to encourage and retain young voters. Monday's "Get Out the Vote" campaign on Facebook was just one of the many tools used.

So, how does this help you. Think long-and-hard about the methods you're using to promote your business. Are you still stuck among the 2,500 other lawyers advertising in the YellowPages? How does your website look? Is it interactive? Is it tied to your firm's thematic message? Does your firm even have a thematic message? How are you promoting yourself to the younger generations?

Get up and running quickly

How long does it take to get yourself an online presence? 1 week. I know, because I did it.
How much did it cost me? About $250. How, you ask? Because I found innovative ways to manipulate the system, while saving some costs. Here's the secrets:

1. Find a cheap hosting service, and pay for the long-haul. I recommend this site for "heavy hitters," and those people seeking full-service web hosting. DISCLAIMER: I'll get a "kick-back" from them, if you tell the site you're referred by me (jbtokc). I'd still recommend their services if you decide not to line my pockets. I also recommend this site for the "faint of heart." Either site does the trick, and provides a method for developing your own content/style sheets. Note: I reviewed MS Office Live here.
   
2. Minimize your initial web-design costs by using web templates, or pre-fab sites. You can use sites like this one to get an idea or design. Note: you will probably need to know some HTML coding (I do) to make these work for you. However, you can still make it work by taking the site to your designer and asking him/her to make your changes. Save even more by writing your website copy, and sending it to your designer to cut-and-paste. Part of the cost of web-design is having to develop the code, and write the content. You've done both, and saved the developer some time. If you need a developer, I'll recommend a guy if you'll email.
   

You're done. I added some features, like SSL encryption, that will serve some of my specific purposes.

Now, there will be naysayers who will critique my method, especially using templates. I can see the headline/post now, "I would not recommend using someone else's content. Find your own style and spend the money to develop it." Well, sometimes you're stuck with what you've got. I have a web/design budget of $350. When that's gone, it's gone. If I'm seeking the services of someone else, it's going to cost me at least $2000. Budget BLOWN!

With my work-around, I'm within budget (I spent $400 with the SSL upgrade), and I have a web-presence I can be proud of. What's more, I'm online in 1 week, as compared to a colleague who has been paying for his site designing for 3 months, and still isn't online. I'd hate to pay his design bill.

Finally, my method allows for expansion. I can save money now for a future rebuild, or I can pay my web-guy to design a site on my monthly budget, and have the rebuild ready in a year or so.

Side notes:
I agree with Susan Cartier-Liebel in her constant (see here and here) admonition to buy your domain names. It's important for your firm and practice, if you're going to develop the right brand. Remember, despite your aversion to the process, you're just like every two-bit car salesman, auto repair shop, and pizza joint. You need people to remember you, and want to use your services. Build your brand now, and use it effectively in the future. You're small, but you've got the tools to be big.

Second, do not spend time learning HTML in order to "save money" in your web-design. Also, never learn to use advanced coding programs like Dreamweaver or Adobe GoLive. TOO LATE. If you wanted to be a web-designer you should have changed career paths long ago. Cut your losses, and pay someone. Just increase your design budget and move on. These programs have enormous learning curves, and often their "easy" method isn't so easy. I spent 3 hours on one page, fixing code because the drag-and-drop feature didn't place it right.

What your staff can teach you

I like reading Matt Homann's blog. Despite his rather long URL, he almost always has an informative post. This time, he has this post on taking a law firm retreat with your office staff.

His suggestions are right on. In every business I've worked, I wished the manager would take my ideas more seriously. While I realize that some of the technology ideas were shocking, many of the office practices (like making email mandatory), were just useful, but unused.

I'm sure you have some similar experiences. I think Matt's suggestions, and the ones you'll develop on your own, are likely to improve your overall business environment. Also, in this stressful economy, it makes sense to implement some money-saving techniques to lower your office bills.

Thanks for the advice Matt.

Sworn in, and ready to go

It's official, I've joined the ranks of the elite (or slimy depending on your views.)

I attended the new lawyer swearing-in ceremony on Thursday at 9:00 a.m., performed by the Oklahoma Supreme Court. This was a pretty fantastic experience.

On Thursday at 10:30 a.m., I opened the doors to my new law firm, Absolute Legal Services, LLC. It's a scary and exhilarating feeling, but I think I've found some direction, and I'm going to get where I need to go.

If you have any advice, I'm certainly up for hearing it.

Your Own Practice

The Plaintiff Trial Lawyer, Paul Luvera, has some great resources on opening your own law practice. This is a fairly well-discussed topic, with industry leaders like, Carolyn Elefant, Susan Cartier-Liebel, and Jim Calloway.

The Plaintiff Trial Lawyer's post lists a lot of known, and unknown, sites to gather information. While it's not comprehensive by any means, it's a great initial first step.

My only criticism about the post is that Paul neglects to mention Carolyn's book, Solo By Choice. I think this is the new "Foonberg On Solo Practice." (You can read this post for a review.)

Simple & effective

Somehow this post slipped through my reader undetected. I must have clipped it with the intent to save it and read it. The post discusses some things you can do with MS Word 2007 to increase the effectiveness of the program and your staff.

What I wish I'd known

Simple Justice has a great post I've been meaning to comment on regarding law school. I wish I had this information when I started. It would have made the stress of 1L year quite less - perhaps even more comical.

Change your views now

Sadly, I'm a Gen-X/Yer. I say sadly, only because so many of my generation have brought so much shame to our futures. This post gives a great highlight of the problems/hurdles we face, especially in light of so many "slackiose" individuals.

I plead that you not view us with the same disdain.

The techno-lawyer's best friend

This post comes later than expected, because of some events that kept me from posting earlier. My apologies to my one reader.

I discovered the beauty of Microsoft's new Office Suite program, OneNote, in 2003. Back then, the release was a part of the broader MS Office 2003 release, but far less publicized. I received my copy from the University's technology department, immediately contemplating its use. Unfortunately, I did not possess a laptop, and alas, any use I'd make of the new program would have to wait.

During my first year of law school, I introduced numerous classmates to the program, and soon a revolution occurred. I continued to build my proficiency, and tweak the program's uses.

Now, with OneNote 2007, Microsoft seems to be gunning for the attorney market.

One of the greatest features is OneNote's ability to sync with others (collaborate). I'm not sure whether 2003 had this option, I didn't care. But now that I do most of my design work on the desktop, and use my laptop for travel, this feature is indispensible.

I've set up trial notebooks for each of my litigation cases. The ability to cut, paste, and import different files is unique and valuable. These notebooks take the place of my trial binders, and help save some paper. With OneNote, I'm able to import each file as a link, or completely insert the file as a printout. This feature provides an ability for me to arrange my documents, pictures, and exhibits in a way that will benefit the case.

There is a downside to the program, now I want a tablet PC.

An opportunity for solos

The ABA Journal is one of the publications produced by the ABA that I religiously read. For the most part, I believe there are very few things that are "pro-solo" produced or sponsored by the American Bar Association, but the ABA Journal is one of them.

In practically every issue, you'll glean some relevant and useful information about technology, big firm ethics/management, or legal practice. This article is one of those gems.

You'll notice that 100% of large firms have websites. Well duh, these 100 lawyer-plus firms can afford website design. What I think will be an extensive and innovative opportunity is to make sure that your solo/small firm (only about 52% of you) offers unique website features. I'm looking to revamp/rework my website, and therefore, I'm checking out my competition for examples of what not to do (i.e. a pompous list of my affiliations and "reported cases").

I'm also talking to my friends and family, getting suggestions on what they'd like to see on their attorney's website. One great suggestion I received is to provide access to client files via SSL and password protection. I'm searching the ethical/fiduciary responsibilities of this suggestion, and talking to my web designer about implementation. This special feature provides the solo/small firm with a unique advantage over the larger firms, in addition to some specialized client attention.

America is a pretty great place

My wife has been begging and prodding me to read a blog about this couple (see here and here too). She happened upon their blog through her incessant blog-stalking, and cannot seem to shake their experience from her mind.

Now, after reading the blog, who can blame her. It seems they were injured in an airplane crash, and now spend their days in a drug-induced coma, with burns covering up to 80% of their bodies. To complicate matters, they have 4 children who are particularly concerned about their parents.

I think one of the most truly magical things that's emerged from their experience is the number of people rallying to support their cause. Despite the difficult financial times, many individuals are donating to their Foundation.

I'm particularly impressed with one businessman from Utah decided to donate 100% of his September proceeds to the family's support. Another woman created an auction site whose efforts are devoted to raising money.

I can't help but think that this is The American Spirit in action. In small patches everywhere, people are supporting similar causes, for countless numbers of unknown individuals.

Dave Dee has an excellent post on his website where he criticizes those rabble-rousers who seek to discredit the benefits of being an American. In what other country, (Canada? England? Iran?) would you find so much freedom and good will. Regardless of your views about The War, politics, or religion, Americans have the best system on Earth. This American system encourages this American Spirit.

The greatest thing since...

I love MS Outlook 2007. To some extent that same sentiment extends to the other Microsoft Office 2007 products, but I think Outlook is head and shoulders above any other email/calendaring program. Is there any wonder why most practice management programs incorporate MS Outlook?

We recently installed an Exchange Server which has improved the functionality of Outlook ten fold. Similar programs can do the same thing for less cost, but they tend to have a few bugs to work out. (I still support ShareO as a valid alternative to email/calendar sharing).

I love that MS Outlook contains all of the necessary components for managing a law practice. I've developed a system to use Outlook for case tracking/client matter updates. This makes conflict searches quick and easy. Moreover, using the notes section, I can tag information about specific conversations I've had with a contact. This is especially handy in the case of clients, where I can log the information, then print off that note summary when I close their file.

The MS Outlook system has greatly improved my productivity and effectiveness.

Read tomorrow's review of MS OneNote 2007.

Wonderful wikis

I'm preparing to open my new firm in October, pending favorable bar results (I'm sure they'll be fine). One of the things I'm working on is arranging for website development, including hosting, design, and maintenance. There's a lot of the technology stuff about website design and hosting, that I already know. Although I'm not going to design the site myself, I plan to implement and maintain a variety of other elements.

One of the items I'm implementing is a firm Wiki. If you're not sure what this is, then check out Wikipedia. As the original purveyor of the Wiki system, Wikipedia has developed the largest online encyclopedia devoted to user generated/edited content (look here for a review).

The concept of the Wiki is that users create and modify content for a particular purpose. I've been implementing this concept into my firm's website to develop an online depository for firm policies, procedures, and other commonly done tasks. The idea is that when I hire on new associates or assistants, we can start off in a cohesive manner, and be able to understand each other and our expectations.

More importantly, I hope that a firm Wiki will enable everyone to develop a relationship of trust and enable our firm to excel at client service.

I remember clearly walking into my current firm as a 1st year law student, being assigned a task, and then having no clue of what to do, or what was expected of me. Within the Wiki, I'm developing a "How To" list of tasks I've done, and obviously directions on how to complete those things. There are simple items, like how to file a case at the courthouse, to more complex things like how to conduct a title search. The lists include particular documents, links, and other items that are important to accomplishing the task. My goal with this is that new members of the firm will not have the anxiety I did when asked to complete the job, and hopefully be more productive and effective.

Moreover, I hope my Wiki will enable me to grow and develop. I believe that the solo or small firm practitioner needs a variety of keys to help. This is especially important when you're completing a task that is highly unique or specialized, and may only occur once in the proverbial blue moon. A step-by-step guide will enable me to retain competence in a particular matter, while focusing on more lucrative or frequently occurring issues.

If you're a solo, and you'd like access to my Wiki, email me or post a comment. Remember, there are some Oklahoma-specific issues, but there are some general tasks too. If you have a "how to" list you'd like to share, let me know also.

Law technology

An article in today's ABA Journal talks about how slowly some attorneys are to adopt technology.

To those who change the world

An article appears discussing the efforts of Ms. Clara Luper. I can't y that I will ever be able to understand what these individuals, and today's African Americans ever face. I just hope that in somme way, I'm part of the solution.

You can find the article here.

The importance of backups

I came into the office this morning to discover that our main data server has a corrupt array. In layman's terms, this is VERY bad. This means that potentially, we've lost all our data. I was able to fix the problem (an issue with Windows Server 2k and the HDD), but this got me worried about the vulnerability of our data systems, and the effectiveness of our backups.

It is my standard practice to perform daily backups of the data onto an external, password encrypted drive, and a 2nd blank HDD. I also run periodic restores a 3rd HDD. However, I noticed today that although the restore file matches the material in the backup, the arrangement is different (additional folders/subfolders). This is an error caused when the backup was created, but would cause a stressful headache if we ever had to utilize this file system. This is an example of why continually checking your restore files is highly important.

Congratulations. You're a genius

There's a nifty little gizmo out in cyberspace that "scientifically" gives you the education level required for a website. If you're reading this, consider yourself lucky, you're a genius.





I will attempt to continue stimulating your intellect.

Highly (un)ethical

I'm not the ethics counsel of the Bar Association, but I'd have a difficult time justifying this mess. There's little wonder why lawyers are seen as deceptive.

Check out this article.

Bar Exam is finished

The Bar Exam is complete. I'll be posting more regularly now that I'm not forsaking everything else.

God speed & good luck

I'm an Eagle Scout, and even I wouldn't be prepared for the mass chaos in parts of Iowa, Wisconsin, and the midwest. I hope those of you affected will remain vigilant and protected.

For everyone else, PLEASE check the internet for 72 hour survival information. I'm trying to get my family's survival package together. If I can do it on my student/bar prep salary, you're certainly able to utilize yours.

You're encouraging my solo career

The ABA Journal has this story regarding concern male/father grads are facing.

I have two kids whom I believe (in the case of my oldest, know) worship the gound I walk on. In her sweet mind, there is nothing I could do that isn't cured with a "sorry."

The family aspects of solo practice sure make that family/work split an even more appealing lure.

http://www.abajournal.com/mobile/daddy_track_is_a_major_concern_for_male_law_grads_study_says/

Acceleration

I'm in the middle of bar exam preparation, and I've come to the sudden, and abrupt, realization that I haven't learned nearly enough in law school about "the law."

Sure, plenty of my classes taught the theories surrounding the law, but very few actually went into the practical applications of the law. What's more, fewer even discussed how to manage "the law" when the true realities confront you in the face.

It's important to take a minute and evaluate all the potential ramifications of the legal practice. In the swift 3 days between graduation and the grueling preparation known as bar review, I took an opportunity to read Carolyn Elefant's new book, Solo By Choice. This is the "What I'd Wished I'd Knew" handbook for all aspiring solos.

Solo By Choice does in about 200 pages what Jay Foonberg's comparable volume struggles to do in 600+. Do you want some hard-and-fast tips on becoming a better lawyer and managing/starting your practice? YOU MUST READ THIS!! Every solo should give Carolyn a standing ovation for this piece of literature with the potential to redefine the solo practice.

With all this stress, who needs caffeine

I'm a law school graduate! It was fantastic. Now the bar prep begins.

Another instance of stupidity

This article appeared on today's news: http://newsok.com/midwest-city-man-catches-fire-two-injured/article/3239589/?tm=1210075082?

Again I wonder what people are thinking. I hope this is poorly written copy, meaning that the man was working in his garage instead of the house.

Government waste

This article highlights one of my biggest peeves about government. $20 million down the drain. It's amazing how you'll spend money when it's not your own.

http://newsok.com/article/2850644/1208946167?

"Memorial" Day

It's April 19. Today Oklahoma City remembers the victims of the Oklahoma City bombing. If you stop in OKC, visit the Memorial and museum (plan on 3 hours).

Sorry for the delay

I know, each of the two people actually religiously waiting for each post have been thoroughly disappointed by my lack of updates. I've been doing that which everyone, especially those studying/practicing law should avoid, computer upgrades & server maintenance.

I'll post another one tomorrow.

Lost history

Here's a great article I found. Some of the glamor associated with older times is gone with all the new technology.

The thematic message

If you're not reading Susan Cartier-Liebel's blog, Build a Solo Practice, L.L.C., you're certainly missing out on several crucial pieces of information. That's especially true if you're reading this blog, in lieu of hers.

She recently made this post, outlining the several different things she has discovered in her 18 months of posting.

One of the suggestions she made is to "Define the mission of your blog, and stick to it."

This struck me, because I don't believe that I've ever specifically defined this blog's mission. I think this is particularly tragic, especially since I seem to blog about several different topics, all of which I believe to be connected.

So, here's my thematic message:

This blog is about my experience moving from work as a 3rd year attorney, and into legal practice. Remember, I am planning to enter solo practice directly from law school. I aim to give meaningful advice to other students/lawyers regarding my experiences, and some of the products or solutions I've tried. I'm not going to discuss law school, unless it's particularly meaningful (i.e. how law schools help students prepare for practice). I may occassionally discuss Oklahoma or national cases, when they have particular relevance on my areas of practice, although I prefer that you defer to someone more knowledgable than I.

You will get a lot of technology reviews, although others are more capable/knowledgable, because I love tech gadgets, and think that a great number of new lawyers want to know alternatives. In that same view, hopefully you'll get some information that can help, if not, please comment, and I'll see if I can fix that.

Finally, I'm simply one guy who's taking the opportunities, or stuggles, I've been given, and trying mix a particular quality of life and profession. From my view, there's someone out there who is in a similar position, looking for similar answers that don't seem to exist.

Take this as an open invitation to criticize my work, ask any questions you'd like, or more productively, offer meaningful advice that will help me build my practice, provide high quality legal services, and achieve my goals.

Thank you for reading, and keep on.

Let's get it started

I meant to write about this awhile ago, but alas, too many other things became a priority (see this post for a scathing remark about performance).

If you're a newbie, like me, here's a great article written by David Masters discussing how to easily move to a paperless office. I LOVE the idea given in number one to insert the date at the front of the file. Where I'm working, our filing system is so "skiwampus" that it's hard to tell what came first (don't even get me started on the correspondence).

Masters also notes that you should print to PDF. I agree, and can't emphasize enough the benefit of this. I use templates for nearly every document I create. Some templates, such as letters, have an automatic date adjustment or other feature, which adjusts with each new document created. While you can rename the document, and preserve some attributes, when you reopen the file on another day, the features adjust accordingly. Therefore, it's very difficult to determine when the original document was actually created. While I realize there are other methods like using Properties, the big concern is how do you prove the document was created at that time? Do you say, "Look Judge, the computer says I created this document on January 1, 2008," and try to appeal to the Judge's sincerety? Ever heard of the Competence rule? Good luck. (P.S., don't even get me started on the vulnerability of such methods).

What does your performance say about you?

While preparing for future practice, I've been evaluating several products and services. My intent is that following the July bar, I'll buy some of the products. However, three companies either refuse to deliver the demo, or forgot about my request altogether. I'm sadly disappointed that even the DVD and product information touted by that weird gasoline infomercial somewhere in the nether-regions of my satellite channels, has yet to arrive.

The failure of these companies to perform got me thinking about my own undertakings. In a very similar fashion, our performance (or lack thereof) speaks volumes about our commitment to ourselves and others, including clients. The shallow or empty promises lead others to believe that other things take precedent over them. I learned early that when dealing with my 3 year-old, firm promises, followed by quick actions to correct bad behavior or encourage good behavior, were the two keys to proper development.

At the least, your company's communication policies should affirm your desires for timely and prosperous performance. Incorporate that policy into your marketing plan, and customers, clients, colleagues and friends will recognize your commitment to performance.

Here are three keys to better performance:

1. Set realistic expectations and limits on your communication by developing standards for responding to email and telephone interruptions (my advice is to limit responses to emails/phone calls to 2 particular hours each day, i.e. 8:30 to 9:30 a.m. and 3:30 to 5:00 p.m.);
2. Ensure that customers, clients and colleagues know and understand your standards, and make them follow those standards;
3. Set inter-office regulations for handling and/or following up on previous client inquiries using tracking software, Outlook reminders, or another reliable (do not simply write them on a sheet of paper) method.

Remember, you should be the "full-service" individual. The best way to achieve that status is to develop the simple reputation as someone who can accomplish and complete the task.

Thinking about satellite radio

I've looked into getting Sirius. I love my iPod, but sometimes I want an alternative.

Well, the DOJ has approved a Sirius/XM merger.

FCC, PLEASE MAKE MY YEAR AND END MY HATRED OF BROADCAST RADIO.

Here's the story: http://newsok.com/article/3220290/1206405379?

Innovation

According to the ABA Journal, NYU now offers its LLM in tax online. Could I be the next [insert your most admired tax attorney]?

A dangerous precedent

Earlier this month, the Oklahoma Supreme Court issued an Order restricting access to the Oklahoma court records. I think this is a stupid decision, and very poorly thought out, and despite my deference to the Supreme Court's infinite wisdom, this decision is also poorly reasoned.

However, if you're like me and seeking to fight this injustice, get involved. Here's an article explaining what you can do, and giving a little run-down on the affair. Google also has your fill of information related to this court records fiasco.

One of the most beneficial sources I've found is this article on NewsOK.com. I'm sure like every grass-roots project, "The Man" will love haring from us. But then again, lawyers are self-absorbed (i.e.: we can't even get debt reduction legislation passed), so this fight will fall by the wayside.

Will more schools follow

We've seen a recent push toward encouraging law students to pursue the public good. We've also seen students running en-masse from public service because of their enormously burdensome student loan debts. This ABA Journal report shows Harvard, of all schools, is promoting the public service initiative.

Can I transfer?

My life is complete

FYI, Google Calendar can sync with Outlook. This was my one hold-up about moving completely online, and now it's solved. Here's the how-to.

Thanks to Jim Calloway for alerting me.

Could it work?

Timothy Ferriss is the epitome of the uber-riche. After reading his biography, you'd wish to have one second of his lifestyle. He's obviously a "silver-spoon" right? Wrong. His parents have never made more than $50k combined. His lifestyle is the result of calculated planning and dedication. He exposes the secrets in his New York Times bestseller, The 4-hour Workweek: Escape the 9-5, Live Anywhere, and Join the New Rich. This book gives the seemingly obscure secrets to the millionaire lifestyle and ability to free more time for yourself or your family.

Although I'm only 5 chapters into the book, I already see methods for changing my lifestyle to enjoy greater family and vacation time. Ferriss' argument is that by being more productive in less hours, you can actually see more capital. Therefore, your increased productivity/capital enables you to remove yourself from the office, and work where and when you want.

While I agree with many of the suggestions thus far, I question whether Ferriss' philosophy can work for a service-based industry (doctors, lawyers, etc). My initial conclusion is that it cannot. Without dumping your first profession (in lieu of another products-based business) the professional cannot extricate themself from the office to live anywhere. The reason being, the clients/patients visit you because of your special skills and expertise. Moreover, I appreciate that some aspects of certain professions (i.e. transactional attorneys) promote or enable more freedom, the majority of service professions are tied to the office.

However, I don't think that this fact should be discouraging. I think solo practice offers a closer actualization of this goal than most other areas. The solo-practictioner depends on the client, but by being more productive, setting more focused goals, and taking time to appreciate being out of the office, the solo can more easily (and radically) change his or her self.

One of Ferris' biggest suggestions is to appreciate (stop) that useless time you're "working." His suggestion is that if you're "working" to be at work or feel productive, you're just wasting time. You can probably spend time elsewhere, doing more meaningful things. I've seen the reality of this by looking around my office, and in my own work habits. If I were to be totally honest with myself, the number of hours I've been "at work" and "working" is probably fewer than 20 per month. I think it's pretty common for most people to sluff off (surf the internet) because there really isn't that much to do, or we're procrastinating those things that actually need to get done. Ferris would say some like, "get your butt up, do what you have to do, and enjoy the free time you have because you completed your duty."

Overall, Ferriss offers some good advice, which, if heeded, can significantly improve your productivity, focus, and overall bottom-line; and everyone knows that a higher bottom-line equates to more family and personal time.

Side note: Ferriss takes off 1 month for every 2 months he works, and still makes $40,000/month.

Are we 20 years behind, or what?

For the most part, my family loves living in Oklahoma. We have friends we love like family, and we've carved out our little niche.

However, there are somethings that always make me laugh and say, "Only in Oklahoma." This story touches on one of those.

I laugh at the uproar over the environmental regulations. I grew up in California. Oklahoma was the first state I've been to that didn't requie an emissions or safety inspection prior to registering a car. While I typically disfavor additional costs or expenses (taxes), I do favor environmental protection, so I think that this is the right move.

Get with the times Oklahoma, start recycling, conserving and stop pollution.

The best advice

Doesn't it seem as though sometimes a great number of people always seem to offer their advice? Whether it's about a book they're reading, the latest movie, or unsolicited criticism regarding the best way to improve an already unimproveable literary disaster, someone is always willing to dispense their tiny insight. I think it's human nature to give an unprovoked critique.

An old, but agile, undergraduate professor understood and appreciated this dynamic. He'd avoid dispensing meaningless syllogisms, in favor of more a hearty review of morality.

At the end of our final class, this professor posited that he despised unsolicited advice, but felt a captive audience of young entrepreneurs would be more willing to accommodate his "tirade."

It was during this drawn out monologue, where I received a jewel of wisdom: "Find something to do, and love, that is more important than money."

I've tried to take this statement to heart. We saw today the demise of Gov. Spitzer, most likely because he couldn't find something to give him more satisfaction than his current life. FoxNews posted this article highlighting one of the major problems faced by people without a center of focus. I think the potent statement in the article is that "people with power are . . . more likely to pursue their own personal needs for satisfaction." I can't help but think about the wise professor's statement.

Comparison shopping

Are you looking to implement Office Live or Google Docs into your business model?

I've touted the benefits of both, and some of the limitations. I found a couple articles that do a really good job at summarizing the programs.

In this one, Google Docs wins. For some of the same reasons, I agree.

This second article gives a features comparison, that may or may not influence your decision.

Overall, I recommend if you're looking to collaborate with others, you'll be wise to get Google. Again, I recommend Office Live if you're using it for a business website. In the end,do the smart thing, and registered for both. You'll make yourself more effective and efficient.

Praise to Carolyn Elefant

Read this review in the ABA Journal.

That's high marks, from on high. I might suppose that the ABA isn't all about the big firms, after this article.

"But I used the cool setting"

FoxNews has this story. Sorry to you Kansans trying to minimize/extinguish the perpetual stereotype. My only comment: They're 2 and 3. How much money does it take to entertain toddlers?

Dad Who Burned Kids in Dryer: Thought They Could Have a Good Time Without Money

HUTCHINSON, Kan. — A Hutchinson man is on trial this week on charges he put his girlfriend's 2-year-old daughter and 3-year-old son in a hot clothes dryer.
In a videotaped interview with detectives shown in court Wednesday, Aron Pritchard said he put the children in the dryer to show them they could have a good time without much money. An hour later, the dryer had become hot and the boy had second-degree burns.
Pritchard told the detective that he didn't mean for the boy to get hurt.
Jurors also heard from a pediatrician who testified that the burns, combined with prior injuries including a twice-broken clavicle, could indicate an abusive environment.
Pritchard is charged with aggravated child endangerment and child abuse in the Nov. 28, 2006,
incident.

A new friend or enemy

Today's snippet of the ABA Journal gives an interesting headline story. You can find it here. David Armstrong at the Wall Street Journal also wrote a very extensive article describing the process.

Basically, a defense expert created a mental health test to weed out liars in personal injury cases. I'm not sure of the ramifications, as it only appears to be adopted in Minnesota, but I can't see very many PI attorneys allowing the test. Moreover, what about Daubert?

Oklahoma Western District Alert

Another lawyer in the office just alerted me to this decision filed in the Western District of Oklahoma. Looks like preemption has its affect here also.

BTW: I agree with the decision, even though I think it's too long.

Beholden to the special interests

Let me preface this rant by proclaiming my political interests. I am, and proudly support, a Republican ideology. I studied political communication and political science as an undergraduate, and continue to feast on the current political drama. Until his recent demise, I avidly supported Mitt Romney, because of his dedicated Republican idealism (I'm currently supporting Hillary, but that's another story).

So, considering my right-wing agenda, you'd suppose I too would support the Supreme Court's recent ruling in Riegel v. Medtronic, Inc. (2008 WL 440744). What's not to love? The medical device industry strikes a crushing blow to those nasty trial lawyers. Big business (and the economy) win, permitting further expansion and more jobs. And the corporate coffers grow more quickly.

Well, Riegel spits in the face of all Republicans who listened to the Court confirmation hearings, and finally felt we were moving closer to the Republican ideal of less restrictive governmental interference. Instead, Riegel proves that we have an activist Court, seeking to advance someone's political interests. I'm frustrated that this case shows the absolute decline in Federalism. I'm sickened by the slippery-slope this ruling promotes - just how restrictive can this become?

Note: check out this newest, but short-lived victory against political special interests. Prepare for an even more restrictive ratchet when the Court hears and decides Wyeth v. Levine next term.

Scary statistics

The local news has this story about teen drivers.

Notice it's funded by State Farm, but the reality is fearsome. Several states, California in particular, have adopted restrictions on teen driving. I wholly encourage these. Moreover, I think they work to promote parental awareness for their teen and his or her behavior.

Have you sat down and really discussed the danger of driving with you teen?

Office Live

When I should be preparing for finals, I've been doing some playing with my Office Live site.

I want to emphasize what a value this is! I talked with an attorney at the office who said he's considering paying $2,000 for a website. I don't think that any attorney needs to pay that much for web content. You should impress your clients with your abilities, NOT your Flash.

Take a minute to reflect on what sets your business model apart from the others. Then, design some content that instills confidence in all those prospective clients.

What should you have? Here's a few suggestions on the pages:

Describe your services;
Describe yourself - make people want to associate/personalize with you;
Provide contact information;
Blog;
Legal help list;
Pictures

I'm not a big fan of "About Us" pages that tout the attorney's "achievements." For the most part, these are law/law school related, and very few clients will care about your law review article or undergraduate research paper titled, "Communicative interaction in an interdisciplinary research team," or something similarly vague.

Your clients want to know that you're going to relate with them, and can personalize your services to their situation. Save the other academic hoopla for the Jones Day interview.

RocketMatter

In lieu of Jim Calloway's recent admonition to our legal practice class, I'm looking at a couple of case management options, although I think I've settled on PracticeMaster. I like the easy-to-use features of the program, and most importantly, the relatively low price (about $700 to start for 1 attorney + 1 assistant).

However, I just got off the phone with a new company called, RocketMatter. I can't remember where I heard of this case management system, but I think this company has created something interesting and very useful. The system "mobilizes" all of your case files, storing them on a web server. Many of the same functions that are found in a system-based program are present in RocketMatter.

There's a couple of things I like about the system, and obviously, like any program, there's a few concerns.

My first love is the prospect of being completely detached from storing my files on my server (prone to crash & burn). This application is truly Web 2.0, and geared to those people always on the go.

Note too that RocketMatter includes a billing and invoice program, which Larry assures me will be improved in the near future. The system integrates a time and manual input for client matters. This is a well rounded program.

The most disheartening problem with RocketMatter is the cost. I'm a little hesistant to pay nearly $800 for 1 attorney and 1 staff member per year (if you're one of the 1st 100) to implement this system. (I've seen previous pricing at $90 per month for each attorney).

Sadly, I predict a slow acceptance and use for this program. I think that far too many attorneys are grounded in traditional practice management systems. To some degree, most people, and especially the dinosaurs, shun applications based on the Web 2.0 model. Even the new comers, like me, hesitate to fully surrender to "the machine."

Let me know what you think, especially if you've demoed the product too.

Microsoft Office Live - the pros & cons

After writing this rather lengthy discourse regarding Microsoft's latest venture into total world domination, I began playing around with my prospective site. Here's my list of the benefits and potentital downsides of using this application:

The Pros

1. Easy to use web designer - create professional looking webpages quickly with the point, click, and type module.
2. 500 MB of storage space - use photos, videos, etc., you'll be hard-pressed to fill up this much space (if you do, you should be doing more lawyering, and less web designing - which one did you go to school for again?)
3. Marketing applications - easily promote your business with "adManager" and Email Marketing
4. Email - download all of your email to MS Office Outlook 2007 (of course) with the Outlook Connector, store up to 5 GB of messages, and create 25 separate "branded" email accounts
5. Price - the service is free for the 1st year, then $14.95 each year after, what's better than that? I paid $200 for 2 years, for my personal family website, and I still had to learn HTML

The Cons

1. No calendar synchronization - without paying more, it's impossible to synchronize your online and offline calendars. For anyone in a larger firm who depends on other attorneys, you should check out alternatives like ShareO. See my analysis here.
2. You're tied to that evil empire
3. Limited web design tools - despite the many design features, there is a limited number of templates, which may look "cheesy."

Certainly, every small firm or solo practitioner will benefit by using the MS Office Live service. This gives you a quick opportunity to establish a web presence and "validate" your law practice.

The lure of solo practice

Here's an article I saw in the ABA Journal.

This wasn't a shocker to me. I want to be able to control my own destiny, especially my legal profession.

Getting recognized

Here's a great article I found when I "Googled" the term "law firm marketing." In my law practice introduction course, we've been tasked with the duty of designing a four partner law firm. As the resident chief "techie", and because of my degree in communication, I received the task of designing the firm marketing plan and website.

In preparing for life after law school, I've met with several solo practitioners to get some valuable advice. Particularly useful has been their insights on the struggle to bring in clients. Most of the attorneys have little success with their yellow pages advertising, despite the phone company's instance on a certain ROI.

In one situation, I suggested blogging as a valuable tool, but the attorney quickly dismissed the idea because of the hassel involved. Apparently, the time spent surfing CNN, MSNBC, and the countless number other sites, accounted for far more revenue than the blogging alternative.

Now, I don't know that a blog, especially one like this, is ever going to be such that a lot of business will come from it. However, it's just one more tool in the overall marketing scheme that will improve your firm's exposure. Moreover, I think people like to be able to take your card and go online and see what you're discussing.

Check out Microsoft Office Live for one other method of improving your exposure. Surprisingly, Microsoft is offering free web hosting and design services for businesses. The caveat, it's only free for the 1st year. The bonus, they'll host your website for only $14.95 per year afterward. This is a steal, especially since their design tool is relatively easy to use, you'll have your website up in an hour. One of the best features is that MS has finally opened their MS Office Outlook Connector for everyone. You'll be able to download this program and synchronize your "e-mail messages, calendar items, contacts, tasks, and notes between Outlook and Office Live Small business Mail." You can read more about the Connector here.

Where would you be?

Yesterday, I listened to a presentation given by the Oklahoma Bar Association's tech-guru, Jim Calloway. Jim's presentation stressed the importance of having digital backups of all of our office materials. To emphasize the point, Jim showed pictures of law firm files following Katrina. He stated that it would be near impossible to reconstruct a client's file from the water-soaked & trash-infested mess. I think the same principle holds true for any other type of disaster.

Jim's newest blog post features a discussion of another concern, computer crashes. I know what a problem they are on my home computer, heaven forbid our office systems go down.

So in light of the disaster and inconvenience factors, my question is, what are you doing to protect your most valuable assets? In all reality, do you have a list of programs you regularly run, with their code keys written down? Or, do you trust yourself to remember that every 30 days or more you use "that" program. As Jim notes, it's those little tweaks that will get you - like all your special formatting functions for Dragon.

I'm one of the odd few that actually likes formatting my hard drive and performing a clean install. I typically clean the hard drive every 45 days (more if I'm busy). The pain though is having to do the program updates. If you're vigilant though, sometimes you can avoid the stress.

My best advice, take a minute to open your programs directory and see what you're regularly running. Then for the next week (or month) write down every program you use. Also, write down the pass key for each. Store this in some easy to find place.

As for your own personal "Katrina," question what your firm/home is doing to protect your information. Can you easily access your files away from your office? Would you be able to run your office from your home? Hotel? Hawaii? And finally, but I think most important, is there someone else who knows your backup/recovery procedures, who could replace you if necessary?

It's malpractice if you're not backing up your client files. Arguably, it's malpractice if you're not digitizing all of your current and past client work.

Take a minute to evaluate where you fall on the treat scale.

Pathagoras

Here's another product I've mentioned that's getting praised.

Addiction

At the start of 2008, like the billions of other people, I made a commitment to improve my cardiovascular health. I've been a member of the local YMCA for over 2 years, and have been a semi-regular visitor. However, since the summer of 2007, I've slacked off on my regular attendance. Before the new year, I hadn't attended the gym for at least 4 months.

With my new resolution, I committed to be a regular participant. I'm glad I have. In 6 weeks, I've lost 12 pounds, a feat I'm very proud of.

Well, I've also discovered this new method of exercise. It involves moving your legs, and is called "running." I've never known, nor cared how, fantastic this was. I'm setting a goal to run in the upcoming 5K. Since I ran 2.7 miles on Saturday, that shouldn't be a problem in the future.

One thing that's added to my new love of running is the Nike/Apple innovation called "Nike+". It's not too often that I'll praise Nike. I've never been a fan of their shoes, clothing, or assortment of other over-priced gear. But this is fantastic!

The sensor plugs into your iPod Nano and enables you to track your distance and calories. At home, you upload to iTunes and the Nike+ website. Online you can track your progress, set goals, create challenges or routes, and basically anything involved with running. Finally, if your run is the longest one you've completed, Lance Armstrong whispers a congratulations into your ear. What could be better!?

Here's a tip/trick: the guys at Nike, and their partners at the Apple store, will try and talk you into purchasing their $100+ shoes. They're not necessary. I'm running in New Balance shoes because they fit better. To save yourself the cost, purchase one of these. For the $10.99 it costs, they're fantastic. They're very accurate, and prevent damage to your shoes.

If you'd like to save some money, there are other products out there. However, I liked the compactability of the product, and the fact I didn't have to try and weave it into my shoe. I can snap and go.

Finally, if you're any kind of professional out there, and you're not active, what's stopping you? Just your excuses. I get up at 5:45 and remain active (work, school & family) until 10:30. If a formerly obese guy like me can do it, you can too.

Could it happen to you?

There has been a proliferation of online dating services, but I don't think any of those services are anywhere near as wacky as this service.

Google Apps Hack

One of my concerns involves making my PDF files accessible to clients in the Google Apps module. I've raved about the assets of this module, but a downside of the application is that PDF is not a supported upload format in Google Docs. A quick search on Google revealed this gem that seems to solve my dilemma. Here's the hack:

I might catch heck from Google for this little hack, but here's how I get PDF files to work for my Google Apps domain...

As part of creating the web pages for your domain, you can upload files to display on those pages like
images and stuff. Fortunately that also includes PDF files! And since those files are stored in a public location you can access them via a URL link. Then you can create a Google Doc which contains all of the links to those PDF files.

Here's the steps to do this:
1) Select the Web Pages link from your Dashboard
2) On the Web Page Settings page select the Edit your web pages link
3) Upload the PDF file using the Uploaded stuff control on the right side of the page
4) After the document is uploaded, right-click on the link and select the Copy Link Location in FireFox or the Copy Shortcut in IE
5) Paste that link into a Google Doc, an appointment on your Google Calendar, or wherever necessary