20 10, 2010

How New or Re-tooling Lawyers Can Get Experience They Need

2019-02-10T23:05:52+00:00By |7 Comments

Many lawyers today find themselves in the unexpected position of trying to practice law in an area where they have insufficient experience and are finding it necessary to develop a new area of proficiency due to not being hired after graduation, downsized in the recession, a slow market for their existing expertise, or just wanting to make a change into a different type of practice. Here are a number of ideas on how to gain the needed experience through Texas programs (other jurisdictions have similar options) when you don’t already have the support system to provide it.

21 09, 2010

How Lawyers Can Capitalize on Foursquare and Geotagging

2019-04-01T21:31:01+00:00By |Comments Off on How Lawyers Can Capitalize on Foursquare and Geotagging

Jim Calloway posted about The Dangers of Photo Geotagging. He referenced a New York Times story describing how a television personality accidentally revealed the location of his home when he posted a photo on Twitter, because of the geotagging embedded in the photo. Geotagging adds geographical metadata to some media such as photos, videos, websites, and social media postings.

Calloway posited a few circumstances in which photo geotagging might be relevant to a lawyer’s case, such as evidence of “harboring a fugitive” based on a photo geotag. Posting a geotagged photo on Facebook could result in the arrest of someone with an outstanding warrant. Remember, other people can post photos on Facebook and tag them with someone else’s name, unless they have blocked that feature. And, if you think fugitives would not be foolish enough to post their own photos on Facebook, check out this Huffington Post story. […]

7 09, 2010

Why Lawyers MUST Get Their Heads Out of the Sand about Social Media

2019-02-10T23:15:58+00:00By |6 Comments

The mushrooming popularity of social media creates novel legal issues to be resolved, as well as a lot of opportunities for mistakes by lawyers and their clients. Wake up! How can you answer your client’s questions or warn them about potential legal infractions, if you aren’t familiar with the medium? Could you be completely missing a good business development opportunity?

Many lawyers tell me their clients don’t use social media, but have they really checked? Or is that just an assumption? How do you check, if you don’t engage in social media yourself? Not long ago I spoke to about 50 lawyers, most of whom knew very little about social media. The room got very quiet when I started putting up on the screen the logos of their clients who had Twitter, Facebook and LinkedIn accounts. If you asked your clients last year whether they used social media, they may have a different answer now. Could your competitors be enhancing their relationships with your clients via social media, while you remain oblivious?

Even if your clients don’t officially have a social media presence, their employees, customers, or competitors may be posting things that affect your clients. When they ask you what to do about it, how will you be able to advise them if you don’t understand what they are talking about?

Here are some examples of how you might be called on in your law practice to address social media issues.

[…]

30 08, 2010

Sleepless in Seattle: A Lawyer’s Occupational Hazard?

2019-02-10T23:15:58+00:00By |1 Comment

“If a man had as many ideas during the day as he does when he has insomnia, he’d make a fortune.” ~Griff Niblack

In my law practice I often began morning instructions to my staff with “In the middle of the night, I remembered that we need to . . . .” One day, my paralegal responded, “Don’t you ever sleep through the night?”

Taken aback, I stammered, “Uh…no. Do you?” I was surprised to learn that she usually did. Perhaps I thought waking in the middle of the night was an occupational hazard of working in a law firm. I had awakened for so many years that I forgot that some people don’t.

Waking is not really a problem, unless I can’t get back to sleep for hours. I appreciate my faithful spirit guide — or whatever it is — for the midnight alert that something is about to fall through the cracks or for gifting me with brilliant solutions to thorny problems. John Steinbeck said “It is a common experience that a problem difficult at night is resolved in the morning after the committee of sleep has worked on it.” I just wish The Committee would wait until morning to give me the good news. Who knows? Maybe the dark of night is the only time I am quiet enough to hear whispered answers or warnings. In any event, if I don’t get back to sleep until an hour before the alarm rings, I start the day in a fog and I’ll probably react irritably to someone by 3:00 p.m.

If this sounds too familiar, here are a few tips from an experienced wee-hour-waker that may help you get back to Snoozeville more quickly.

[…]

23 08, 2010

Debra’s Now Guest Blogging for SPU

2010-08-23T13:13:37+00:00By |1 Comment

Recently Susan Cartier Liebel, founder of Solo Practice University,  invited me to become a regular guest blogger for the Build A Solo Practice @ SPU blog. Although I had previously been a guest blogger there, my inaugural post as a team member was published on August 19, 2010. Got Clients? How Did THAT Happen? explains why lawyers should keep records tracking their marketing efforts, as well as ask new clients how they came to the firm.

In addition to the blog post, check out the comments for even more ideas on how to identify what really works in your business development efforts. And while you’re there, if you’re trying to get a solo practice going, check out SPU. It has a lot to offer.

20 08, 2010

3 Ways to Capitalize on a Referral Source Call

2019-02-10T23:15:57+00:00By |1 Comment

Lee Rosen recently blogged about 5 Ways to Mess Up a Referral Source Call. He was talking about how some people make contact with a potential referral source, then start selling themselves and virtually assure that they’ll never get any referrals from that contact. 

I commend you to his post as an easy-to-digest reminder of 5 common blunders. They all boil down to being far more interested in getting your message out, than in listening to the other person and finding out how you can help them. 

Now that you know what not to do, what can you do to make it more likely that the contact will actually turn into a referral source? That really boils down to 3 basic principles. 

1.    Find a way to help them with something.  

This is the number one way to get more referrals. Studies show that when someone gives us a gift or does us a favor, we have an urge to respond in kind. So make an effort to send them a referral or at least make an introduction that they might benefit from. If you can’t do that right now, is there some information or a resource you can share? Maybe it’s a link to an article that provides an answer to a question or problem they mentioned.

[…]

9 07, 2010

Should a Newbie Solo Lawyer Represent Lindsay Lohan?

2019-02-10T23:15:57+00:00By |4 Comments

Carolyn Elefant started an interesting discussion on her My Shingle blog about whether a newly licensed lawyer should be willing to represent celebrity Lindsay Lohan in appealing her recent sentencing to 90 days in jail. It has been reported that Lohan’s lawyer in the case, Shawn Chapman Holley, no longer represents her. Rumors quickly surfaced that a lawyer licensed in November 2009, Tiffany Feder-Cohen, has taken on the representation of Lohan.

As the old saying goes, “Even bad publicity is good publicity.” This high profile case catapulted a brand new, unknown lawyer into the spotlight. Would you leap to take the case if you were in her shoes? […]

6 07, 2010

Making Your Criminal Practice More Rewarding

2010-07-06T14:11:09+00:00By |Comments Off on Making Your Criminal Practice More Rewarding

“The variety in a criminal law practice keeps it enjoyable. Familiarity at the courthouse makes it fun,” says Austin solo Erik Goodman, who has been board certified in criminal law since 1985. Houston criminal attorney John Parras agrees. “People charged with crimes are wealthy, poor, smart, dumb, funny, eccentric, boring, interesting and mundane. The scenarios that bring them to court are sad, funny, interesting, complicated, simple, stupid, and entertaining,” according to Parras, who has been designated as a Super Lawyer – Rising Star and began his legal career as a law clerk to Michael Tigar and Ron Woods in the Oklahoma City Bombing trial.

Yet many criminal attorneys suffer from stress and burnout. Others struggle to make ends meet. How can you keep your practice manageable, enjoyable and financially successful, too? […]

21 06, 2010

Handy Additions to Your Conflict Resolution Toolbox

2010-06-21T13:04:13+00:00By |Comments Off on Handy Additions to Your Conflict Resolution Toolbox

“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail,” observed the famous psychologist , Abraham Maslow. When it comes to conflict resolution, the only tool that most lawyers get from law school is a hammer.

Hammering your opponent might work in a trial, but it doesn’t create optimal outcomes in a casual disagreement. It doesn’t work very well when your “opponent” is your boss or someone you care about. It doesn’t foster healthy and productive on-going relationships at the office. Hammering the other side and trying to “win” tends to spawn resistance, rigidity, passive-aggressive behavior, escalation or chronic difficulties. Defeating your opponent rarely results in genuine resolution of the issue.

Lacking other tools, ironically, some lawyers avoid confrontation on their own behalf. I know a very effective trial attorney who wouldn’t return a shirt that was the wrong size. Conflict avoiders allow the biggest rainmaker or the loudest bully in the office to control decision-making, without benefit of their valuable input. Meanwhile the law firm experiences low morale, costly turnover, missed opportunities and wasteful mistakes.

To help you become more effective at resolving your own conflicts, as well as at helping clients resolve theirs, here’s a brief primer on a few techniques to add to your tool box. […]

8 06, 2010

Can Parenting Tips Improve Your Client Effectiveness?

2010-06-08T14:54:47+00:00By |Comments Off on Can Parenting Tips Improve Your Client Effectiveness?

Recently one of my lawyer clients described to me how he handles things with his high-strung child. As he described his process, it reminded me of how really effective family lawyers handle clients in the emotional throes of a divorce or custody battle.

In this time of economic turmoil and uncertain futures, today every lawyer has a stressed out client to deal with. See if this parent’s process might help you be more effective in managing both yourself, and those you advise, in stressful situations.

1. Prep them for everything. Let them know in advance what the two of you will each do, and what Plan B will be, if Plan A doesn’t work.

2. Prompt them during the process. As you engage in the process and things get a little scary, remind them that this is what you were expecting. […]

 

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