December 6, 2009
On Friday I concluded my 2009 Kentucky Law Update presentations with Stuart Adams on Social Media in the Law. I spent the 3 days prior to the presentation updating the work done for the first presentation delivered in early September. As I told each of the audiences in 9 cities, social media changes constantly and rapidly.
Since I began this “project” new developments have emerged. Some key items include:
- GA case where Federal Judge ruled that Rule 53 prohibited tweeting in the courtroom.
- Several mistrials have occurred due to juror activities in the social media landscape. (See some coverage here.)
- Microsoft Bing, Yahoo! and Google have announced plans to make social media content searchable. Google is developing their search application in the Google Labs currently. (See a discussion here on the Google and Bing drawdown.)
In Friday’s presentation I told the audience that the opportunities abound but that they must be strategic and employ best practices when using Social Media. This begged the question of what are the best practices.
That depends upon your purpose in participating in the social media landscape.
- Is it purely investigative?
- Are you marketing services?
- Are you advising clients about how they should govern or participate in this new media?
Once you have determined what you want to accomplish it is then time to set your strategy.
For me the best practice overall it to formulate your strategic social media plan. All else will follow.
Constance Ard December 6, 2009
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November 30, 2009
I have been so busy with projects and family that my blog reading and posting has fallen to a slow pace in recent weeks. Over the holidays I pecked out a few things that I really want to spend some time pondering and even perhaps comment in-depth on soon. Until then I thought I would share a few links with you so that you can turn your wheels of thought on how these evolutions will impact law firms.
Google is attacking case-law.
My quick thought on this development is that the movement for open access to information just took a huge leap forward. My second thought is that Reed Elsevier and Thomson Reuters have just added a strong competitor to their mix that will diminish their lower tier customers and cut into their revenue streams. Stephen Arnold has taken a close look at this development and I plan on spending some more time thinking about this in terms of Fastcase and Loislaw too.
Social media in law firms is growing faster than we know. It is causing a shift in how business is, and should be done. It’s causing law firms and businesses to look for people who can manage social networks for the business adeptly.
Take a look at a few things that blipped on my radar recently:
A job posting on Craig’s List
A discussion about ideal skills for social Media
Generation Y – How do law firms market?
The new age of social media for lawyers
My co-presenter on Social Media over the past few weeks Stuart Adams began a Linked-In group dedicated to Social Media Search and Forensics. His newest blog SociaLies offers a forward thinking look at Social Media from an entrepreneurial and legal viewpoint on electronic communications and more.
Social media is a force to be reckoned with in all businesses and law firms can not and should not ignore the reality. There are opportunities and responsibilities that will benefit the bottom-line if handled appropriately.
Google’s move into case-law and social media have geared up the access to information and the way information is shared and managed and law firms need to catch up fast to stay in the race. Customer expectations are and will continue to shift as the open access movement gains traction.
Constance Ard November 30, 2009
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October 31, 2009
Over the past two months I have been presenting at the Kentucky Bar Association’s Kentucky Law Update on the topic of social media and how to use it for marketing and investigation in legal practice. Followed by my presentation comes the Ethics course related to ethical use of Social Networking Sites.
During those sessions I’ve learned a lot about how tempting social networking sites are for unethical use and am relieved to hear bright presenters talk about good ways to participate in social networking sites appropriately.
I’m impressed by Kentucky’s “Common Sense” approach to ethics. “If it feels wrong, it probably is.” However, not everyone can operate under those broad types of guidelines and thus the official rules are evolving and ethics sanctions related to social media are becoming more prevalent. The dangers are many. Mistrials are occurring and even judges are crossing lines they shouldn’t.
This article on LLRX.com provides a good collection of the consequences of Pretexting for investigative purposes and the impact in the social media landscape. Law firms are beginning to establish Social Media Policies and so are corporations. This Law Librarian post provides a great overview of recent survey results from the Society for Corporate Compliance and Ethics. The conclusion I draw from a quick review is that corporate employees and legal staff will soon see that expectations related to their off-the-clock online activities will be subject to corporate policies. As companies try to protect themselves from the consequences of intentional or unintentional inappropriate activities their policies will address personal time activities related to the corporation. The overall message, be careful what you post online, it can be found and consequences exist.
Constance Ard October 30, 2009
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September 22, 2009
Are Law Firms Ready for Transparency? an article by V. Mary Abraham published September 12, 2009 on LLRX.com describes an innovation in client communication and work product.
Transparency is one of those stock business phrases that seems to answer customer clamoring and digital expectations. Technology can take transparency from the wish list to the implementation schedule.
Extranets have been a client service offering in large law firms for quite some time. They have operated, similarly to CRM in law firms, in a black hole of interactiveness. This Connect tool takes extranets from the black hole of Web 1.0 to a Web 3.0 web service.
I was impressed by a few key things in the description of Malleson’s Connect tool.
- The tool was developed, shared with the clients and re-done in collaboration with clients.
- An emphasis has been given to real-time updates.
- With Work-in-Progress discussions Malleson’s has set expectations.
The success of this client services tool can probably be attributed to the realistic expectations (technology does have limits) and clearly defined expectations.
Law firms are shaking the tree of business processes and embracing the tools and nature of today’s dynamic, collaborative, interactive technology. Will all firms embrace tools that provide their clients with insider information about the work being done? Some will, others won’t and the majority will probably pick and choose the information that they expose. Is that different from any other business? Probably not.
The wisdom in using technology to connect with clients in an open manner really comes down to business values. Working with a client, instead of for a client certainly makes it harder to break relations. Innovative firms will benefit from a broad view of how technology and a shift in business practices will improve client services and build customer loyalty and satisfaction.
Of course excellence will be the deciding factor in that client satisfaction. If you open the view into your work, be sure that within the limits and expectations you define, your work is of the high quality your clients pay for. Otherwise, you’ve shot yourself in the foot while loading the gun.
Constance Ard September 22, 2009
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August 25, 2009
I’ve often thought that small and mid-size law firms have an edge, especially in tough economic times. Apparently, I’m right. Law.com reports on a select consortia of these same firms called Meritas.
In using their search function to locate firms in Kentucky only one firm was listed. So then I got curious about how firms and attorneys could join the network. Color me shocked that this alliance has been around since 1990. Meritas is a network of “like-minded” members that are “vetted and invited.”
No big firms honing in by paying bigger fees for more space here. So you’ve joined the club but how do you stay in? Members of Meritas must agree to operate under” Quality Assurance Program”. This is a great way to maintain that like-minded membership in case of mergers and firm attitude adjustments. Seems like a pretty good operation based on the information I’m finding online and through their site.
From a seeking standpoint the site is clean and easy to use with simple browse features. This is a great tool to use for locating local counsel. Add to that an easily accessed “Doing Business” publications page and you find me downright impressed.
A few facts about the organization:
- Operates as a non-profit
- Headquartered in Minnesota with a staff to administer the QAP
- Governed by a Board of Governors
- Satisfaction scores readily available
All in all I’d say that Meritas is a great resource to keep in mind when seeking quality firms and attorneys in any of the 60 countries that participate.
What prompted me to perform this review of Meritas is the Law.com article referenced above. The pricing seems to be a key satisfaction factor. As corporate counsel continues to find ways to curb their outsourced legal costs, gems like Meritas will be much sought after. Indeed, their model may influence the business model of those un-invited firms. Innovative firms will offer alternatives, options and satisfactory solutions. Are you innovative?
Constance Ard August 25, 2009
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February 22, 2009
Recently there have been a lot of staff lay-offs in the world of law firms. I know several people personally who have been downsized or restructured out of long-time positions that probably felt pretty secure, even during these trying economic times.
When I was approached last week by a friend and colleague to serve on a panel at the upcoming SEALL Conference, I had to think long and hard about whether or not I was really the best person for the job, in my own opinion.
I’ve been out of the law firm world for nearly a year now. Working as an independent consultant with a strong legal background is my gig. However, after discussing this opportunity with friends and trusted advisors I felt that I could offer some useful advise on the topic at hand. As I learn more details about the other panelists and their message, I hope to add to the wisdom being offered with some out-of-the box observations.
One thing that always amazes me about ecomic crunches is that people are willing to sacrifice some of the golden rule incentives in order to have the assurance of a job. This post really hits home the idea that managers have a responsibility to be sensitive to the economic issues and the challenges surfacing in this new era of work. Making work less miserable despite the challenge of doing more with less is the manager’s responsibility.
Managing well goes a long way in retention of talented workers. This very well may be one of the observations and/or discussion points in my SEALL panel presentation. The above referenced post certainly gave me strong food for thought.
I must say that work teams are affected in both directions bottom-up and top-down. Working through that phenomenon is a challenge indeed.
Constance Ard February 22, 2009
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January 26, 2009
Shakespeare, Henry V and Agincourt would not seem to have relevance in today’s technology landscape. However, Paul Lippe writes a marvelous post in the Am Law Daily that binds Henry V’s victory to the need for law firm innovation.
A few quotes from Lippe’s post really strike home for me.
- Technology is anything that didn’t exist when you were a kid–if it did exist, to you it’s just stuff. (This is a quote from a former boss of Lippe’s. )
- To say that the history of the world is the history of the interplay between leadership, culture, and new tools is no exaggeration.
- …”Web 2.0,” because I think this collection will be the most consequential tool for lawyers in our lifetime…
Pen and paper are still technological innovations even if they are older innovations. Using pen and paper effectively has created countries and cultural revolutions. Technological tools build, expand and grow but the purpose is the same: create, affect, change, lead.
Lippe’s definition of Web 2.0 technology for lawyers and the break-down of the parts is simplicity at its best. His buckets of mechanisms, contexts and consequences lay great groundwork for future conversations. I appreciate the recognition on Lippe’s part that contexts and consequences will need additional explanations and look forward to reading those.
I think the most profound part of Lippe’s essay today is the conclusion that due to law’s boom period lethargy in adopting new technologies was the norm and I agree that the end of the boom requires innovation.
Law firms must expand their outreach and response and not with tools they build for themselves. Customers must be met where the customers already live. There is an inherent warning that needs to be heeded in this new level of outreach. Lawyers are not a client’s friend and thus the blurred line between professional and friend in the social realm of Web 2.0 must be more clearly defined and adhered in attorney/client relationship. The consequences reach beyond just the possible offense to a client but to discovery and privilege issues as well.
I look forward to hearing more from Mr. Lippe on the issue and welcome comments about how innovative lawyers are harnessing the power of the new longbow in the Web 2.o Argincourt arena.
Constance Ard January 26, 2009
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December 31, 2008
This Beyond Search post caught my attention. Steve Arnold does an excellent job of pointing out the deficiency’s in SharePoint when it is used to solve full scale search problems in law firms.
Information management and even more important, finding information has become a critical business process for law firms. Gone are the days of working files and going down the hall to Joe’s office to get the case file. The discrepancies in discovery and the aftermath that follows can wreak havoc years after a case is settled.
Steve is correct in his assessment that firms like to buy matching bags and shoes when it comes to information solutions. Microsoft offers SharePoint because people use Microsoft applications. The problem is that no system perfectly renders enterprise search and experts way smarter than I have pointed out Sharepoint deficiencies beyond my comprehension.
What I do understand is that users get frustrated when a solution has been implemented and they still have to find a work around to get what they need. If attorneys and paralegals could devote as much time to reading, analyzing and writing as they do in searching for relevant work-product firms would be well on their way to making GC’s and other clients happy.
Just because the bag matches the shoes doesn’t mean it’s going to help you find your keys in the dark. Choose solutions for enterprise search and knowledge management that solve problems and return results. Look beyond brand names and test the functions to be sure you can find the keys. When it comes to search don’t suffer to be beautiful because functionality is way more important.
Constance Ard December 31, 2008
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December 16, 2008
Unlike the Rolling Stones, your clients can get satisfaction if you take the time and effort to honestly assess their needs.
There is a lot of literature out there telling us what law firms are doing wrong when it comes to relationships with in-house counsel, but this article provides some great tips on getting it right.
A few key take-aways to keep in mind for universal client service.
Communication is critical.
- Providing the why behind an unusually large charge, or an unexpected answer goes a long way to keeping your client.
- Communicating in the client’s preferred method saves frustration.
Relationships matter.
- Continual service and quality interactions build loyalty.
- Personal builds business.
Sure these are simple mantras but simplicity works when you are working on complicated matters. Knowing your client’s needs and preferences and responding appropriately, satisfies the client.
Leave a Comment » | Uncategorized | Tagged: Add new tag, law firms, Marketing | Permalink
Posted by answermaven
November 11, 2008
This interview with Richard Susskind causes one to stop and think deeply about the Future of Law. The analysis and predictions summarized in the interview about Susskind’s latest book bring to the forefront some long term concerns. These theories and thoughts that have been on the minds of legal professionals for years without substantive preventive actions. Actions necessary for the continued cultural and economic success of the legal industry which commoditization and technology advances threaten.
In-house counsel concerns dominate big firm business. Big firms have not invested enough thought and strategic planning into knowledge management to assure in-house counselors of a readiness to meet the demands caused by the demands of electronically stored information. In-house law departments don’t have the resources necessary to meet the technical demands of today’s legal business environment. Offering a comprehensive, strategic approach to ESI would be a powerful competitive edge.
The telling quote for me from this interview is this comparison between UK and US firms.
The latter have invested more, for example, in knowledge management and in online legal services. Understandably, the best of the US firms have not yet seen why they should bother. Business has been very good without that stuff, thank you very much.
Today’s credit crunch and the demands of in-house counsel to cut costs and deliver high service means that business as usual will not cut it any more. Innovations will become standard operating procedures. Firms should begin to implement strategies that will keep them as a key service provider to their bread and butter corporate clients.
Strategies related to records management for ESI, e-discovery response, and environmental sustainability will increase in importance. Firms that provide protection to corporations on those fronts will be the firms that survive the future of law.
One more interesting note about this interview caught my attention. For now, it’s impact is limited to the UK but Susskind briefly touched on the “Legal Services Act“ that will allow “alternative business structures” for the legal services industry. Susskind predicts that the co-mingling of non-lawyers and lawyers in the legal services industry will increase in importance and the future of “new-look” services. I predict that the US will continue to to wrestle with alternative services as well and that the co-mingling here will be a struggle that esteemed attorneys will reluctantly embrace. Alternative businesses to-date have been a mostly attorney only industry and that may have led to some missed opportunities.
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