Carolina Paralegal News

As Facebook’s search functionality has improved, law firm marketers say now is a good time to create a business page on Facebook.

If you haven’t already set up a fan page — or if you have been violating Facebook policy by showcasing your firm on an individual profile page — here are some tips for building your business page and drawing fans to it.

When you choose a name for your page, think beyond your firm name and include keywords that describe your practice, like “California dog bite attorney” or “Palm Beach estate planning lawyer.”

Stephen Fairley of the Rainmaker Institute in Gilbert, Ariz. advises law firm clients to create several web pages targeting different key words and phrases.

While Facebook restricts individual pages to one per person, it has no limits on how many business pages you create.

Unlike a profile page where an individual can solicit “friend” connections, a Facebook business page cannot invite fans to “like” its page.

“The real tricky part is getting people to like your page,” said Fairley. “Once they like your page, you can market to them, because every single time you post something on your fan page, it goes automatically to their wall and all their friends can see it.”

Tom O’Leary, a law firm marketing consultant, said that one of his clients, a workers’ compensation lawyer in Pennsylvania, offers a free book on workers’ comp law to his fans who provide their contact information.

“It’s a perfect example of how to grow your Facebook presence,” said O’Leary of The Attorney’s ATM in Cincinnati, Ohio.

Gordon Levinson, a personal injury attorney in San Diego, saw his firm’s fan page go viral when he pledged to donate $1 (up to a total of $2,500) for every “like” his page garnered to a 15-year-old high school student diagnosed with a rare lung and bone cancer.

His fans shot up to over 2,300 in ten days.

“From a marketing perspective, that’s brilliant,” said Fairley. “From a personal perspective, it’s awesome. It shows he’s involved in the community, he made a charitable donation to a cause he cares about, and it gives attorneys a good name.”

Dolan Media Newswires COLUMNS, Commentary Facebook

By Dan Bobinski, Dolan Media Newswires

BOISE, ID — The manner in which Yahoo recently fired its CEO Carol Bartz was totally inappropriate. I know things are changing in how businesses operate, but I don’t think we’re at the point where it’s socially acceptable to fire people over the phone.

From what few details we have, Bartz’s termination wasn’t a heated argument that exploded into a “you’re fired,” but rather something the board knew they were going to do. Maybe in five or 10 years, after we’ve all become much more accustomed to the virtual workplace, it might become socially acceptable to fire someone over the phone, but not today.

Perhaps Yahoo’s board was merely trying to be efficient. Well, I like what Stephen Covey says: We can be efficient with things, but we need to be effective with people.

If we’re being effective as managers, terminating someone’s employment should rarely be a surprise event. With the exception of deal breakers such as theft and violence, a termination meeting should occur as a logical conclusion to a series of efforts to correct unwanted or unproductive behaviors. In other words, the employee should know that his or her termination is imminent because he or she has not made timely progress on issues that have been previously discussed.

Granted, I’m not a lawyer, so bounce anything I say here off your corporate legal counsel and make sure whatever you do is in keeping with federal and state implement laws, but here’s how I recommend an employee be terminated, if it must occur.

First, employees need to know what’s expected of them. Reasons for termination should be outlined in a company’s policy manual. The manual should also outline the procedure the company will take when people violate policies. A common process is a verbal warning, then a written warning, followed by termination.

Verbal Warning: When a serious problem is noted, have a meeting to give the employee an official verbal warning. Just saying something in passing can often be misconstrued or not taken seriously, so something needs to be different. The employee needs to understand that he or she is being given a serious official warning. You’ll want to make sure the verbal warning is documented in the employee’s personnel file.

One common mistake at this step is only telling the person that he or she needs to improve or change. A better approach is to be very specific about the errant behavior and what is expected instead. Also, instead of this being a one-way lecture, make it a two-way conversation so the employee is also providing ideas on how improvements can be made. Make sure the employee is aware that if improvements are not made you will proceed to the next step in the disciplinary process. I can’t emphasize that last sentence enough.

Written Warning: Should the employee fail to improve, the next step is usually a written warning. In this document you should note that you have previously counseled the employee on the errant behavior and that because improvements have not been made you are issuing a formal written warning that continued errant behavior will lead to termination.

Again, a big mistake managers make is failing to explore ways to help the employee improve. Another error is failing to establish a follow-up date to evaluate progress. To truly be effective, managers should help with identifying and removing obstacles to progress and also set a date to meet with the employee so they can go over how the employee has (or has not) improved.

Written warnings should always be signed and placed in an employee’s
personnel file.

Follow Up: On the date stated in the written warning, meet with the employee. If satisfactory improvements have been made or progress toward a goal is evident, congratulate the employee and provide additional coaching or assistance to help the employee stay on track.

However, if the employee has not made satisfactory progress, chances are he or she knows it and termination will not come as a surprise.

If you know you’ll be terminating the employee, make preparations ahead of time. In other words, have all the paperwork in order and do what’s needed to make the termination occur as smoothly as possible. I also recommend someone else be in the room while termination occurs.

There’s no need to be a jerk or hard-nosed. A person is losing his or her employment, and compassion is in order. That said, it’s usually best to be direct that despite the efforts made, a termination must occur. Trying to soften the blow by dancing around issues only makes things more difficult, so keep this conversation brief and to the point. The decision has been made. At this point you’re simply taking care of the HR paperwork and formalities.

Again, check with your lawyer, but this time-tested procedure is a whole lot better than abruptly terminating someone over the phone.

Dan Bobinski is a management trainer, best-selling author and director at the Center for Workplace Excellence. He makes his home in Boise. Reach him at (208) 375-7606 or dan@workplace-excellence.com.

Dolan Media Newswires COLUMNS, Commentary Is there a better way to fire someone? You bet there is

By Pat Murphy, Dolan Media Newswires

BOSTON, MA — An American Bar Association ethics panel has proposed rule changes that would make it easier for lawyers to engage in cross-border practice, while making clear that one’s “virtual presence” in another jurisdiction may trigger a rule violation.

The changes are intended to address ethical problems “arising from the globalization of law practice and the proliferation of new technologies, including issues related to cross-border practice, lawyer mobility and inconsistencies in jurisdictions’ rules of professional conduct,” the ABA Commission on Ethics 20/20 explained in a cover letter announcing the new proposals.

The commission’s proposals target ABA Model Rules addressing multijurisdictional practice, client confidentiality, conflicts of interest and admission by motion.

The panel proposed two amendments to Model Rule 5.5, which addresses multijurisdictional practice and the unauthorized practice of law. The first amendment would create a new Rule 5.5(d)(3) that would allow lawyers qualified to practice in one jurisdiction to practice in a new jurisdiction while they diligently pursue admission through the new jurisdiction’s authorized procedures.

The second change to the rule addresses a lawyer’s “virtual presence” in another jurisdiction. Rule 5.5(b)(1) prohibits lawyers from establishing “an office or other systematic and continuous presence” in a jurisdiction unless the lawyer is authorized to practice law in that jurisdiction.

In light of technological advances in legal marketing, the commission proposed changing language in the comment accompanying the rule to make clear that “a lawyer may have a systematic and continuous presence in a jurisdiction if the lawyer directs electronic or other forms of advertising to clients in the jurisdiction with the intent of representing those clients and establishing a substantial practice in the jurisdiction.”

On this point, the commission emphasized that “lawyers who practice virtually must comply with the same restrictions as lawyers who have more traditional law offices, and the commission’s proposal is intended to make this point more explicitly while offering lawyers more guidance as to the Rule’s application to these newer forms of law practice.”

Another proposed amendment would add a comment to Model Rule 1.6 clarifying the extent to which a lawyer moving to a new firm may disclose confidential information about current and former clients for the purpose of identifying possible conflicts of interest.

A third proposal adds a comment to Model Rule 1.7 that would expressly allow attorneys and clients to agree that their relationship will be governed by a particular jurisdiction’s conflict of interest rules.

One final commission proposal would amend the ABA Model Rule for Admission by Motion  to enable lawyers to qualify for such admission after three years of active practice instead of five.

The commission is accepting comments on the proposed amendments until Nov. 30, 2011. Comments may be submitted to Natalia Vera at natalia.vera@americanbar.org.

Dolan Media Newswires COLUMNS, Commentary ABA

By Ed Poll, Dolan Media Newswires

DETROIT, MI — It is well demonstrated that paralegals improve a firm’s bottom line. These paralegals may be employed within the firm itself, or they may provide outsourced services in a virtual relationship.

Either way, paralegals epitomize the highly effective concept of leverage as a way that law firms enhance their profitability by doing billable work as members of client service teams. In this way, their lower rates, when blended with other team members, boost partner profitability.

What should firms expect from their paralegals to justify using them? The fundamental question in this regard is obvious: is there enough work?

In analyzing a paralegal’s worth to the firm, there is no formulaic expression that specifically depends on origination, billing or collection.

To say that a paralegal is worth the amount of profit due to billing or the amount of profit due to business brought in does not take into account the subjective factors that should be considered, such as a desirable combination of skill and attitude. When all factors are present and positive, the paralegal relationship is most successful.

A paralegal’s fundamental task is to allow a firm’s lawyers to do more client or marketing work without running up against the danger of not properly addressing client needs. The extra business that paralegals allow a firm to do under the principle of leverage more than pays for added salary, in addition to reducing lawyers’ stress level. Paralegals enable the lawyers who hire them to focus on the tasks for which the lawyers themselves are best suited.

Once they are part of the firm, paralegals can be leveraged not just through their technical abilities, but also for their client service strengths. For example, having a paralegal answer phone or written client inquiries (ones that do not require a lawyer’s response), or at least assuring the client that their inquiry will be answered as soon as possible, can prevent many client relations problems.

Similarly, paralegals can often handle the kind of communication that clients appreciate, by sending copies of documents, by writing, or making calls for updates. Clients kept informed at every step of their matter are happier clients. All this, of course, means that client service education training is a must for paralegals.

Of course, lawyers must continue to exercise direct supervision of paralegals. Firms have faced disciplinary problems for including paralegals along with lawyers on their website under the category of “attorneys.”

The solution is not to remove paralegals from the website; it’s to create a separate category for them. Including paralegals on a website gives clients additional contacts to help them. It also is formal recognition that enhances the morale of the entire firm.

No firm or lawyer should ever think of paralegals and staff in terms of “them,” as opposed to the lawyers’ “we.” Inclusiveness of paralegals as key team players will produce better results for all, increase productivity and therefore improve profitability of the firm.

Ed Poll, J.D., M.B.A., CMC, is the principal of LawBiz Management, a national law firm practice management consultancy based in Venice, Calif. He coaches lawyers, consults with law firms on strategy and profitability, speaks at bar associations and law firm retreats, and has written 11 books. Contact him at edpoll@lawbiz.com or visit www.lawbiz.com.

Ed Poll, Special To Lawyers Weekly COLUMNS, Commentary

By Kimberly Atkins, Dolan Media Newswires

BOSTON, MA — Looking to hire a paralegal or legal support staffer? Find the ideal candidate while avoiding pitfalls by following these interviewing tips from recruiting experts:

Have a script

“When you are at a smaller firm and you are interviewing a number of candidates, they can all run together in your mind,” says Chere B. Estrin, a Los Angeles-based legal career coach who has authored several books including “The Paralegal Career Guide.”

Using a script of questions that you ask every candidate makes it easier to remember who stands out.

“It’s the best way to compare one candidate to another,” Estrin says.

Dian Milton Kaputa, owner of the Washington-based legal recruiting firm Global Excellence, suggests having candidates fill out an application before the interview. On the application, ask about five-year plans.

“If you are hiring what you consider to be a career paralegal and they say they are going to end up opening a sandal shop in the Bahamas, that may not be your best candidate,” Kaputa says.

Be in control

Always start the interview by asking the questions, not answering them.

“The lawyer who is not used to interviewing might want to jump in [and say], ‘Here at this firm, this is what we’d want you to do,’” Estrin says. “Then it’s really easy for a candidate to say exactly what you want to hear. The best thing to do is stay quiet and not say anything about what the job is like until later. When you are the one asking the questions, you have total control of the interview.”

After you’ve asked your questions, then it’s OK to describe the job and finish up by asking what questions the candidate has, Estrin says.

Be honest about the position

At smaller firms, legal assistants and paralegals often are required to do other jobs, from answering phones to making copies and organizing lunch.

“Ask them: ‘How do you feel about playing more of a support role?’” Kaputa suggests. “A lot of times at smaller firms they will be required to do … things they didn’t have to do at other jobs. If they say, ‘I don’t photocopy,’ keep looking.”

Get the back story

“The first question I always ask is: ‘Why did you leave [previous jobs]?’” Estrin says.

If the candidate is straight out of school or has less experience, it’s still important to ask about qualifications.

“Did they work while going to college? Did they take summers off to go to Europe?” Kaputa says. “If you are looking for a go-getter, look for someone who worked during their summers or got an internship at a law firm.”

Make them put it in writing —
in the here and now

“I prefer not to ask … for a [pre-prepared] writing sample,” Kaputa says. “It could have been prepared with the help of a teacher or someone else. I prefer to give them something to write about. Ask them to write a memo or do a cite-checking test.”

Dolan Media Newswires COLUMNS, Commentary

By Dean Kuhlmann

Dolan Media Newswires

BOSTON, MA — Corporate litigation is often inevitable, but preparation for that inevitability is controllable. Why, then, during a meeting involving corporate litigation are the legal and IT teams introducing themselves across the table?

The truth is that successful companies have embraced the brotherly bond that IT and legal departments share in this age of technology. IT and legal teams should be talking every day. It’s crucial to avoiding document retention problems, e-mail archiving and a host of other complex issues that are crucial to managing discovery.

Successful companies don’t simply embrace this bond; they create a plan, put processes in place and stick to the strategies they lay out.

In the traditional corporate environment, the accepted policy has followed the mantra: “Legal is legal’s problem.” But companies have recognized that legal issues aren’t only the legal department’s problem anymore, especially when a lawsuit is filed. The amount of electronic processing that comes into play across the entire company builds an even larger role for the IT team in preserving and collecting documents relevant to the litigation.

Paralegals simply are not specialized in stopping staff members from deleting e-mail. The nature of e-mail correspondence and like forms of electronic documentation requires the delicate touch of IT personnel. The closer the IT person is knitted into that environment, the better.

What feeds the disconnect between departments? For one, it’s easy to cut costs early on. The emergence of comprehensive e-discovery technology has pushed more services in-house. Many companies load up on legal and allow them to purchase the software they need.

Then, paralegals and non-qualified personnel end up trying to de-duplicate, search and filter electronic data, and many of them aren’t trained well enough to do that effectively.

And what about defensibility, chain of custody and other critical procedures required to defend the relevance of the data used during litigation and in court?

The companies that do it right integrate legal and IT so that IT staff can step in and take care of the technical aspects. Search technology is complex and requires someone knowledgeable to manage it.

Transversely, IT personnel aren’t versed in law. Data shouldn’t be handled as data, but as evidence — a distinct difference when dealing with critical information that requires special handling, documentation and procedures at every juncture.

Some legal departments even employ their own IT staffer within the group to manage the technical end and communicate with the IT group. That’s a great way to let your IT group focus on typical help-desk issues while other professionals dedicate themselves solely to the needs of the legal department.

The IT team must be involved from the very beginning. After all, who knows software and the many places that data can hide throughout an organization better than IT? You want to choose the right e-discovery solution, so you need the right professionals to be involved.

Consider the following scenario: A paralegal runs a de-duplication program reducing the total number of records from 1 million to 800,000. The same paralegal is called up on the witness stand nine months later, and the judge questions him on the relevance of removing some 200,000 records. You must have a defensible position.

If the paralegal knows only how to run the initial de-duplication (which is often the case), he probably won’t know how to run a report on what was accomplished during the de-duplication process. How does the judge know that he didn’t remove documents that ultimately could have taken the case in a different direction?

Were the processes documented? Can the procedure be reproduced? Does anyone even remember what happened nine months ago?

If you can’t prove why you’ve done what you’ve done, you leave yourself in a tough position. The same applies for search terms. Searching through 1 million records for relevant ones based on key terms, concepts, dates, etc., is painstaking, time-consuming and extraordinarily complex. If you don’t have the IT expertise to explain how or why you narrowed down your search, you don’t have the defensibility you need to hold up in court.

The organization that addresses the disconnect between IT and legal as a business problem is the organization that does it right. Create a planning statement and define the roles IT and legal departments will play together.

If you do it early enough and adhere to the plan, you won’t run the risk of finding yourself indefensible in court.

Dean Kuhlmann handles client/partner relationships and product positioning for the Viewpoint product line at Lateral Data, an e-discovery solutions provider.

Dolan Media Newswires Commentary, NEWS & FEATURES

By Jane Pribek

janepribek@bellsouth.net

Go ahead – get rid of that inclined leather chair.

Sure, it looks cool. But it’s an instrument of torture for your back, if you regularly spend time using a computer.

So says Patricia Seeley, a Wales, Wis.-based certified professional ergonomist. Seeley works with people enduring work-related pain, for workplaces looking to keep their employees healthy, and as a forensic ergonomics expert.

Her happy news: Many of the ways to reduce work-related pain are free or inexpensive.

Ergonomics, or “human factors,” is the science of designing workstations, tools and job tasks for  safety and efficiency. Ergonomics helps reduce injury from hazards such as repetitive motion, which can bring on back injury, carpal tunnel syndrome and tendinitis.

Ergonomics isn’t just for old people. Seeley has worked with a middle school to teach safe keying techniques. Middle-schoolers!

Moreover, ergonomics is personal: What’s good for you might not work for your boss, and vice versa. For example, a lawyer who is often counseling clients over the phone should consider a headset, while a paralegal, who drafts pleadings and correspondence all day long, might benefit from the keyboard ergonomic enhancements mentioned below.

The chair

Many pains are posture-related, Seeley says, and can be directly traced to an old, badly-adjusted chair. About 10 percent of the population needs a non-traditional chair because they are overweight or have back problems.

“But usually,” Seeley says, “the problem is they’re not sitting right. They don’t have their shoulder blades supported, they don’t have anything to support the lower back.

“One of the simple things I often recommend is look at the bottom of the office chair for a knob. Almost all office chairs have them. And if you rotate that knob totally clockwise, as tight as it will go, that increases the tension on the back of the chair, making it much more comfortable. Most people don’t even know that knob is there.”

The desk

People tend to have their monitors set way too high, and they’re sitting too far away from them, Seeley says. You should be looking down at the screen at a 15-degree angle – you should never be tilting your head upwards. And, you should be within 18 to 25 inches from your monitor.

Are you short? Most workstations are set at 30 inches, but because Seeley is 5’2″, she has lowered hers to 27 inches. Footrests are recommended if you can’t lower the work station.

The wrists

Your upper arm should be straight and vertical. Your lower arm should be horizontal and straight as well, from the elbow down to the fingertips. If there’s any bending of the wrist, you’re probably already experiencing wrist pain.

Seeley says to keep the mouse as close to your arms as possible to reduce reaching over for it, straining your fingers and wrists. Some people can benefit from a mouse bridge, which fits over the keyboard near the number keys, to accomplish the same goal.

For those who use a touchpad, a wrist rest might be helpful to keep from arching the fingers. Adjusted properly, armrests on the chair can perform the same function.

Laptops

The problem with these is, either your head and neck positions are wrong – you’re looking down at the screen – or your arm, wrists and fingertips aren’t in the straight line. Seeley says to consider an add-on monitor or keyboard, or both, set at the correct height.

Lighting

Seeley says to use a task light if you need additional lighting, one with an arm so you can direct the light. And, remember to dim it when you’re working late.

Experiment with different types of bulbs – incandescent, fluorescent, energy-efficient – whatever’s best for you. And while you’re at it, consider UV lighting as well, if you’re not seeing the sunshine enough, Seeley says.

But perhaps the most important consideration in lighting is to take eye breaks and do eye exercises, such as squeezing the eyes shut, and looking away frequently.

Moreover, the worst aspect of lighting is not too much or too little, but glare. That means adjusting window blinds and even using window tinting. Ditch the so-called anti-glare screens that studies have shown do nothing to reduce wear and tear on the eye, she adds.

Lighten up

Do you have pain in your joints and fingers, as I do after a long day’s work? It’s similar to the much-hyped “BlackBerry thumb,” and I get it from doing too much fine motor work with the fingers, which aren’t meant for long bouts of repetitive fine motor work, Seeley explains.

Get a squeeze ball, also known as a stress relief ball, and use it about once every 15 to 20 minutes. The squeeze is a gross motor function that brings relief.

But also, I’m told I pound the keyboard. My husband told me that, so naturally, I disregarded it. But Seeley says he’s on to something: Research at Marquette University has shown that even the most experienced typists probably use three times more force than is required. Hunters-and-peckers like me push even harder.

Seeley recommends the squeeze ball once again, as well as an arm rest, to use less finger force when typing. And, if applicable, trim those long fingernails.

Taking a course on proper keying is also an option, of course – but Seeley cautioned I’ll have a hard time unlearning my “fossilized mistakes.” (I still like Seeley, even if she did call me a fossil.)

Last but not least

It’s important to be an informed consumer.

“In general I find that the office supply stores tend to sell things that have the word ‘ergonomic’ on them, but have no basis in science to make that claim at all,” Seeley said.

Jane Pribek, a former family law attorney, is a former editor of the Wisconsin Law Journal and continuing contributor to that newspaper, a sister publication of the Carolina Paralegal News. She can be reached at janepribek@bellsouth.net.

Dolan Media Newswires COLUMNS, Commentary

By Gina Drew, Special to Lawyers Weekly, a sister publication of Carolina Paralegal News

I am generally an early adopter of technology, and, admittedly, a bit of a gadget snob.

I can’t believe this little gem escaped my radar for almost two years. I’ve just purchased my first Livescribe Pulse Digital Smartpen. As a compulsive note-taker, this pen changed my life (sounds ridiculous, I know), and it will change the way you practice law.

Professional note-takers like lawyers and paralegals know that organizing notes can be an insurmountable task. Not anymore. Never again will you miss an instruction, inflection of voice, nuance of fact or important, detailed information while taking notes on
something critical.

The Pulse digitally records your handwritten notes and ambient room audio and links the two, allowing you to tap back through your notes and hear the real time audio that was going on as you were writing them. It all uploads to Livescribe’s Desktop interface, where it can be searched and organized in any number of ways, then reprinted for your client file.

The pen contains a microprocessor that employs a stereo microphone and loudspeaker, along with a camera that digitizes your handwriting. The provided earphones also have multi-directional microphone technology built-in for recording in surround sound mode in deposition and conference room-like environments. When surround sound is overkill, the pen’s built in microphone is perfect for one-on-one meetings and courtroom or lecture hall settings.

Using specialized dotted paper for spatial recognition, the Pulse’s camera records your notes and digitally renders them on your Livescribe Desktop. The special paper also has printed controls for recording, creating bookmarks, speaker volume and playback, as well as access to the pen’s menu. Yes, the paper is proprietary, but you can print it with a photo-quality laser or inkjet printer. Though it’s not terribly expensive, an additional benefit I’ve found to using it is that I’m hyperaware of my paper waste, inspiring conservation.

The pen’s functionality is smooth and imperceptible. Written note and audio recording functionality work seamlessly together or separately and can be turned on and off using the controls at the bottom of your notebook pages.

The Pulse connects to your computer through a magnetic USB docking station and automatically syncs to your Livescribe Desktop where the software color-codes and differentiates between notes with and without audio. Using either the pen and your live notes, or the archived notes on your desktop and your mouse, you may click on a handwritten note that will play the audio from when the note was taken. The playback controls on the digitized paper and desktop user interface allow you to scroll back and forward to listen to the entire discussion preceding and following the taking of your note.

From a practical standpoint, the pen is a little bulky, though not uncomfortable to hold. The smoothness of the ink-to-paper process rivals some of my favorite standard office pens, and the Pulse’s construction is solid and handsome.

The Livescribe Desktop software was a little slow to download and install, but activates quickly once the pen is docked. The pen’s settings can be accessed only through the pen, and can’t be changed through the desktop interface, which is mildly annoying. The pen is round and has a tendency to roll, though this has been corrected in Livescribe’s new Echo model, which also employs micro USB connection interface, making it more mobile.

Livescribe provides added value with dozens of apps available in their online store, including handwriting-to-text recognition that works better than you might expect, games, rulers, stop watches, metronomes, scientific calculators and even musical interfaces for piano and guitar. I purchased the 2 GB Pulse model, which holds around 200 hours of audio, but both smart pens come in 4 GB storage capacity as well.

One issue to consider for your clients using this technology is that trade secret and proprietary meetings should probably not be recorded with a smart pen. The information could be discoverable as electronic communication. Because of this, it is probably not the best tool for all industries.

Because notes and audio can be easily shared through the desktop software, this little pen could replace some rather expensive dictation and document-management equipment.

Editor’s note: Drew is a professionally trained trial paralegal who specializes in creating superior web presences for lawyers and law firms. She is the former liaison to the Buncombe County Bar Association in North Carolina and creator and publisher of its print magazine, The Bar Briefs. She created the Legal Trends Network and is developing software for judges to reduce stress and increase efficiency in the courts.

gina.drew COLUMNS, Commentary

By Tony Ogden, Dolan Media Newswires

Thanks to a new iPad app, lawyers and paralegals can now safely bring all their client information with them wherever they go.

iClient for Attorneys is the latest addition to the iPad-equipped practitioner’s repertoire.  Created by Front9 Technologies’ Scott Falbo, the designer behind the popular app iJuror, iClient is designed to allow all lawyers – from solos to large firm attorneys and everyone in between – quick access to all of their client information.

The app works similarly to pen-and-paper journals or spreadsheet applications, allowing you to create listings for clients, fill in everything from contact information to case details, attach documents and then check off what’s done and what needs to be done.  The app is searchable, which makes finding a given piece of information quick and easy, and it can be protected with a password for security.

“iClient is a way for attorneys to manage their clients and take that information with them wherever they go,” said Falbo, who is based in Amherst, N.Y.  “With a lot of existing solutions, you’re tied to a computer. With pen-and-paper, you’re prone to losing information and it’s hard to look through. The [iPad] itself is a new way of thinking about storing and keeping your information with you.”

Early adopters of the app have been vocal in their support and quick to offer suggestions.

“When you’re in court and you want to know the date something occurred or a case number, the factual information is at your fingertips, as opposed to having to open up various other programs,” said J. Michael Ranson, a Charleston, W.Va. lawyer who uses iClient. “My favorite thing about it is easy access to information. You can go in and get all the information from one succinct source.”

According to Ranson, being able to access esoteric case information instantly is quickly becoming a necessity in court.

“It used to be you’d bring a big box of files down to court and we’d have to take a recess to answer questions,” said Ranson. “Nowadays, the judge expects you to know the answer in 15 seconds.”

iClient can be purchased from the iTunes store for $39.99. Falbo is considering developing versions for Blackberry Playbook and Android tablets.  It is currently in version 1.2. A planned new version will permit file sharing from one iPad to another via Bluetooth and allow practitioners to upload client information from Excel, after first converting to CSV files, Falbo said.

This article first appeared in Lawyers USA, a sister publication of Carolina Paralegal News.

Dolan Media Newswires COLUMNS, Commentary

By Correy Stephenson, Dolan Media Newswires

Lawyers seeking to optimize their work by making use of typography can look to the recently released “Typography for Lawyers” as a guide.

Matthew Butterick, a civil litigator in California with a visual arts background and experience as a font designer, argues that typography matters because it can help hold readers’ attention. An attorney making an oral argument wouldn’t dress in jeans and sneakers and speak in a monotone, he analogizes; it’s not just the words, it is the presentation as well.

Still don’t believe that typography matters? Think back to the 2000 presidential election and the Palm Beach County, Fla. butterfly ballot.

“Typography has consequences,” Butterick argues.

Typography isn’t a math problem with just one answer, Butterick explains, but offers many solutions that are equally good. Much of the confusion is a result of standards or habits created in the age of typewriters that haven’t translated to computers. He offers both basic and advanced rules for type composition, text formatting and page layout, and includes shortcuts for Word, Macs and HTML.

Some of the tips are a flashback to elementary school grammar and punctuation: Butterick teaches the difference between colons and semi-colons, advises lawyers to use one space between sentences, and argues that while question marks are underused, more than one exclamation point should never be used in a row.

Capitalizing is another abused practice by attorneys, according to Butterick, particularly in contracts. Capitalizing makes text harder to read, and is made worse by the use of bold fonts.

When crafting a document, lawyers should choose between bold or italic to emphasize certain points, Butterick says, and whatever the choice, use it as sparingly as possible, as both wear down “readers’ retinas and patience.” Underlining? Another holdover from the typewriter age which should not be used.

Butterick suggests experimenting with point size and using new fonts, and the book includes 63 different font samples with commentary on the pros and cons of each choice.

It also discusses page layout, emphasizing one key point: don’t fear white space.

Butterick recommends turning off superscripts (1st, 3rd, etc.) and trying tiered numbers (1 followed by 1.1 and 1.2, with subsets like 1.21 and 1.22) instead of hierarchical headings (as Roman numerals can be hard to track). Lawyers should also use kerning, which is the adjustment of specific pairs of letters to improve spacing and fit, Butterick says.

Throughout the book, Butterick provides specific examples of good and bad typography, including several sample legal documents, such as motions and memos with “before” and “after” typography to demonstrate his points. He also includes appendices on how to make a PDF, suggestions for printers and paper choices and tips on how to interpret court rules using the information in the book.

Butterick’s book is a quick, fascinating read that offers a history lesson, an explanation of the importance of typography and a practical guide for lawyers seeking to create more polished documents.

For more information, or to order the book, go to: http://www.typographyforlawyers.com/

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