Thursday, March 27, 2008

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.

Monday, March 24, 2008

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.

Tuesday, March 18, 2008

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?

Saturday, March 15, 2008

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.

Thursday, March 13, 2008

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.

Wednesday, March 12, 2008

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.

Monday, March 10, 2008

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.

Saturday, March 8, 2008

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.

Friday, March 7, 2008

"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.

Wednesday, March 5, 2008

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?

Tuesday, March 4, 2008

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?

Monday, March 3, 2008

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.

Sunday, March 2, 2008

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.

Saturday, March 1, 2008

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.