Jim Calloway's Law Practice Tips Blog

Technology Talk with Azerbaijan Lawyers

Last week I had the extreme pleasure to meet with a delegation of Azerbaijan lawyers to discuss law office technology. I learned a couple of things that may be of interest to you.

These lawyers were visiting the United States as a part of the Open World leadership program and were sponsored by Rotary Club 29 of Oklahoma City. I was happy talk to them about law office technology. They also heard from our OBA Executive Director, General Counsel and Ethics Counsel. Their bar association is organized differently than ours, as a part of the central government rather the states or state courts. So we had a good discussion. I had little prior knowledge about Azerbaijan did a bit of online research before the meeting. I must say that this was one of the warmest, nicest and friendliest group of people you would ever meet. Meeting them was a truly great experience! They have much work ahead as their country's legal system continues its evolution. But I certainly plan on checking in on the news from their country from time to time.

But there were two interesting law office technology aspects to my talk with them. First of all, I decided to do a speech recognition demonstration for them using Nuance's Dragon NaturallySpeaking. I use this tool almost every day and knew that moving from my office to our larger board room would likely have a negative impact on accuracy. In fact I have set up an extra profile in DNS just so it doesn't change my speech file based on different acoustics. I began my dictation with "Today I am visiting with a group of lawyers from Azerbaijan." 100% accurate transcription. Everyone of the group looked surprised. I paused the dictation and assured them this was the first time I have ever said their country's name into DNS. I dictated some more and DNS performed almost flawlessly.

The other interesting thing was during my brief discussion of practice management software tools and paperless work flow. Our OBA Practice Management Advisor Darla Jackson interjected that one of the tools, Practice Panther, was available in the Azerbaijani language, both the Cryillic and the Latin versions. I was aware they had developed a Spanish language version, but there are many other languages now included, even though unlike the Spanish language version, the others are done through machine language translation only. I'm not sure that they made any purchasing decisions after that but they did ask me to repeat the product name.

 

The Holidays Bring More Email Threats

Last week many Oklahoma Bar members received an email with a subject line of "Oklahoma Bar Association Complaint." Of course it was a fake. Our General Counsel's office does not send out these types of official notices by email. But cyber criminals hope that the surprise and horror at reading a complaint has been filed will override judgment and generate a quick click on a link or attachment. If you receive an unexpected email that makes you want to instantly click on something, ALWAYS pause and think.

Every year I place several phone calls or send emails (not replies) to lawyers asking "Did you really just send me that email?" I'm known as a technology expert and I am not embarrassed to make outreaches, so you shouldn't be either. The bad guys sending out these emails managed to obtain a lot of lawyer email addresses, because our General Counsel's office phone lines lit up as soon as the emails went out. We blasted out a warning email to every OBA member just in case.

But today I received an email about the status on an Amazon order I hadn't placed. You can click on the thumbnail at right to view an image of it. There were several warning signs. Why would I get a notice from Amazon in the UK? The ZIP file as an attachment is another clear sign. And if you save your Amazon order number, you would be able to compare and see this order number didn’t match your order.

As the holiday shopping season kicks into full speed, a lot of people will be shopping online. You might want to send a warning to your staff and lawyers that these threats will be increasing so that they will be vigilant. Even if your IT department has perfect defenses to these threats, a reminder might keep one of your staff from having their home computer compromised.

If you would like some more tips on protecting yourself from these kind of threats, you should read Beware Ransomware: Data-Encrypting Software Continues to Extort by my friend Shelia M. Blackford, Practice Management Advisor with the Oregon State Bar Professional Liability Fund. Her tips on How to Spot a Dangerous Email and Prevention Practices are excellent, not just for ransomware, but for the whole range of email-delivered computer threats.

Essential Business Skills for Lawyers CLE at OBA Annual Meeting

Essential Business Skills for Lawyers will be offered this week at the Oklahoma Bar Association Annual Meeting. Our special guest is Kevin O’Keefe, CEO of LexBlog, Inc. who will speak on "Client Engagement and Marketing – Everything is Different Today." We are thrilled Kevin is visiting our state to share his expertise on this important topic. I have heard of far too many CLE programs that seem to have the goal of scaring lawyers so they won't use social media and other modern marketing tools. Kevin has great information to share on how to do this effectively and ethically.

But there are many more essential skills lawyers need to run a successful law practice today. For this day-long CLE program, we open with my presentation "The World Has Changed: Running a Successful Law Firm Today and Tomorrow" and continue with presentations on financial literacy for lawyers, cybersecurity, law firm business plans and budgeting, the necessity of using digital client files, practice management software, automation and workflow planning, protecting client confidentiality, succession planning, pricing, billing, attorney fees and attorney-client contracts.

In the afternoon we have breakout sessions with a choice between two topics, but, of course, attendees will receive the written materials on every topic. One does not have to register for OBA Annual Meeting to attend this CLE program.

So if your Wednesday schedule opens up, feel free to be a walk-in attendee at our program. And if you cannot attend, but are interested in the topics, OBA Continuing Legal Education Department is videotaping several of the sessions for later offering as on-demand webinars. Here's a link to the agenda. Hope to see you there.

So much to read online, so little time

With so much information available on the Internet, I appreciate it when others I trust sort through a lot of material and recommend the best choices to me. Twitter is one of my primary news aggregators as I follow a lot of law office management and technology experts on Twitter.

Starting in  2015, we launched the OBA Management Assistance Program Reading Room. It consists of links to dozen (or so) stories each month that we have found of interest. The articles are not all about law office management technology, but many are. They are all articles I think would be of interest to busy legal professionals.

So the last two months we have gone a bit overboard and posted 43 articles to our Reading Room. These have spanned all sorts of topics from the impact of artificial intelligence on our profession to having difficult conversations, from responding to a data breach to mental health issues and the effect of Prince’s death on estate planning inquiries.

So I decided to take this opportunity to remind all of you to stop by our OBA MAP Reading Room and in particular take the opportunity to look at the collections we have curated from April 2016 and May 2016.

Something New: My Shared Reading Room

I read a lot of online content related to law office management and technology. Some I save for later use and some I share. I follow some really great experts on Twitter who recommend great content and I retweet a lot of it. (Of course you should be following me on Twitter.)

At least once a month, I discard an idea that was suggested to me by something I read that could have inspired a good blog post or article. I just don't have unlimited time.

So it occurred to me that I could easily share some of the most interesting things I have read with others. So that is the point of the OBA MAP Reading Room. Every month, I'll provide links without commentary to several articles I found of interest the previous month. That doesn't mean they were published that month. it just signifies when I found them.

So here is the MAP Reading Room for August 2015. This is still a concept in progress, but hopefully it will be useful to  you.

The main index for the Reading Room is here, available for you to bookmark if you wish. We have links for each of the prior months this year. (And, yes, I am working on September now.) We hope this type of curated content makes sense for you. The collection will be a bit random and may include some of my own content.

I'm trying to do something simple and straightforward here. I'm hoping to find a way to share more content being a bit "old school" about it.

I hate to end on a negative note. But I get way too much junk email from PR agencies. So if you or your PR agency contacts me to promote something for this space, it will not be included--even if I had intended to include it. Multiple contacts could result in a lifetime ban. My unsolicited advice is PR agencies should spend more time developing relationships and spend less time sending out spam email.

Opening a Modern Law Office: Coping with Today's Rapidly Changing Law Firm Business Model

Opening a law office is a very different operation today than a few decades ago. In my feature Opening a Modern Law Office: Coping with Today's Rapidly Changing Law Firm Business Model, I contrast several of the differences between those days and today. A new lawyer having an experienced lawyer to guide them is a valuable and irreplaceable resource. But the experienced lawyers do not know it all and a novice can provide assistance to them in return in certain areas. Here's my example:

"For the beginning lawyer, it is important to rely on local experienced lawyers and mentors for advice about:

    •    how the courthouse and judges operate,

    •    questions about substantive law,

    •    developing sound legal strategies,

    •    how to handle a matter where you have limited experience,

    •    your first jury trial and

    •    opposing counsel’s inexplicable behavior.

"But, with all due respect to the experienced lawyers around the state, I also suggest to beginning lawyers that they should pay more attention to the modern experts on topics like:

    •    the need for a digital practice management system,

    •    legal project management,

    •    paperless office procedures,

    •    automated document assembly,

    •    online marketing of your practice and future trends."

 

This was part of an "Opening a Law Office" theme issue of the Oklahoma Bar Journal for August 2015.

 

There is a lot of great content in this issue, including past OBA President Stephen Beam's 11 Things to Know When Starting a Small Town Practice which should be required reading for most lawyers, even if they do practice in the big city.

 

My friend Michelle C. Harrington is always teasing me about how non-teckie she is and so I was not surprised she chose the topic The Non-Tech Side of Starting Your Own Practice.

 

Legal ethics is always an important topic. OBA Ethics Counsel Joseph P. Balkenbush reminds us of Ethical Considerations When Opening a Law Practice while Stillwater, Oklahoma lawyer D. Scott Pappas reminds us of the most important concept of trust accounts with Because It Is Not Your Money! Tulsa lawyer Tracey Garrison notes The Importance of Your Fellow Lawyers. Whatever your practice setting, you are joining a legal community, like it or not.

 

There is much more in this theme issue from Search Engine Optimization (SEO) to purchasing insurance. You can view all of the feature articles in Opening  a Law Office bar journal for free online or download the entire issue in PDF format. There is something in this edition for every lawyer, no matter how long ti has been since you opened your law practice.

 

Practice Management Shootout at the OK BAR

There won’t be guns blazing or blazing saddles, but there is going to be a shootout at the OBA Solo and Small Firm Conference on June 19, 2015. We are excited to be hosting Practice Management Shootout at the OK BAR, featuring six of the top practice management solutions for lawyers.

I believe it is absolutely critical for small law firms to embrace practice management solutions that help them organize their client files and move to a more paperless workflow. Oklahoma Bar members will have an unparalleled opportunity to compare and contrast these great tools at our conference at the Hard Rock Casino Resort at Tulsa.

Riding into town are MyCase, Firm Manager, Firm Central, Clio, RocketMatter and PracticeMaster/Tabs3. I know most of these company reps and they are a wild bunch. The presentations will start in the morning and be finished before high noon.

Oklahoma lawyers may never have a better opportunity to choose their weapons. Each vendor will have a ten minute TED-style talk and then they will be at their booths for the rest of the conference so attendees can follow up with questions. Picking a practice management solution can be challenging and it is critically important. So, many law firms find themselves struggling to “pull the trigger” on a decision. Other law firms have made the leap and now wonder if they have the best tool for their practice. You will never be better armed to make this decision.

Having all this information and company reps in one location will help you summon the true grit to make the call—this summer. In all seriousness, if you haven’t done this yet, it is time to strongly consider this important upgrade for your practice. Come find out why.

So saddle up and register now for the OBA Solo and Small Firm Conference because we have the shootout and many other great programs covering subjects from trial practice to marketing and client development. Our early bird deadline is June 4 and the hotel deadline is May 27. But register now and reserve your room before the rooms are all filled

Navigating the Changing Legal Landscape

The November 2014 issue of the Oklahoma Bar Journal featured a theme of “Navigating the Changing Legal Profession.” There are a number of noteworthy articles contained in this issue and it is our pleasure to share them with you.

Adapting to Change in Legal Education

By Valerie K. Couch, Joseph Harroz Jr. and Janet K. Levit

The deans of all three law schools in Oklahoma pen an article about their challenges and plans. They begin:

“This is an exciting time to be a law school dean. The push and pull of tradition and innovation makes every day a challenge as we try to meet our responsibilities to our students and our profession. We are working in a world undergoing exponential change every few years due to technology and globalization. And, in this rapidly changing context, we are striving to answer an important practical question: What is the best way to prepare our students for their future employment as a lawyer?”

Updating the Rules to Reflect Changes in Technology

By Gina Hendryx

OBA General Counsel Gina Hendryx discusses changes and proposed changes to the Oklahoma Rules of Professional Conduct.

The Legal Profession of the 21st Century: Can Oklahoma Lawyers Meet the Challenges?

By Deirdre O. Dexter

Tulsa lawyer and OBA Board of Governors member Deirdre O. Dexter gives us her take on change in the legal profession. She begins:

“In the world of law, it certainly can’t be disputed that ‘the times they are a-changin’. Dramatic changes are occurring rapidly in the way legal services are provided. Even prior to the economic downturn in 2008, lawyers and law firms were beginning to experience change as corporate clients demanded detailed budgets and information regarding legal services performed and results achieved. The full impact of the downturn is now behind us, but the “more services for less cost” demand remains, and is now an expectation of all clients — whether that client is an individual seeking a divorce, or is a corporation seeking to enforce a multi-million dollar contract.”

Practicing Law at the Speed of Light

By Jim Calloway

Someone suggested the title of this article for me. There was no other suggestion, just a title. But I thought that title really suggested both the new challenges to our profession and the reason why so many lawyers feel so stressed out today. So I began with one big difference today- email.

Pre-Internet: A lawyer would proofread a letter, sign it, have it stamped and placed in an envelope and mailed. Unless something urgent required a phone call, the lawyer could expect a reply letter in four to seven days.

Today: A lawyer gets to the office a little early, checks his or her email and can have three or four testy email exchanges with other early-bird lawyers before the rest of the staff even shows up and the office officially opens.

Cybersecurity: It's a Moving Target

By Sharon D. Nelson and John W. Simek

Noted legal technologists (and my good friends) Sharon D. Nelson and John W. Simek give us some straight talk on cybersecurity. “If you feel like it’s impossible to keep up with cybersecurity, fear not. You belong to a very large club. This field changes, not year by year, not month by month, but day by day. The best advice you can get is to attend at least one information security CLE each year and to keep reading articles like this one! “

Alternative Fees and Technology

By Mark A. Robertson

Oklahoma City lawyer Mark A. Robertson, who co-authored two American Bar Association books with me on alternative billing practices and alternative fees for lawyers and this year published Alternative Fees for Business Lawyers and Their Clients, shares his thoughts on alternative fees and how technology has such a significant impact in this area.

 The Impact of Social Media on the Practice of Law

By Alison A. Cave and Renee DeMoss

Alison A. Cave, claims counsel for Oklahoma Attorneys Mutual Insurance Company, and OBA President Renée DeMoss give us some great information on a timely topic. “Social media continues to take the world by storm as millions of people communicate and network on Facebook, Twitter, Instagram, LinkedIn, YouTube and individual blogs every day. Its ubiquitous reach now extends to the practice of law, and has led to an explosion of state and federal court opinions involving some aspect of social media.”

The Federalization of the Oklahoma Law License

By Kimber J. Palmer

Kimber J. Palmer is an instructor of legal studies courses in the A.R. Sanchez Jr. School of Business at Texas A&M International University in Laredo, Texas. We all understand that our licenses to practice law are granted by the states. Could the General Agreement on Trade and Services (GATS) limit a state’s ability to decide who does or does not get to be one of its lawyers? This is certainly a provocative topic.

Losing My Balance

By R. Steven Haught

Oklahoma City lawyer R. Steven Haught admits that when he first heard the phrase “work/life balance,” it conjured up something foreign and subversive. But life experiences and the terminal illness of a close friend changed his attitude.

Also in the publication. Spotlight Awards Emphasize Work of Women Lawyers

Thinking About Tomorrow

I've spend a lot of time thinking about tomorrow-the legal profession's tomorrow. This week at the Oklahoma Bar Association Annual Meeting, I get to spend several hour teaching and learning at a CLE program I organized called Tools for Tomorrow's Lawyers, I also get to moderate a breakfast panel on the future of the legal profession featuring the famed Richard Susskind and hear Prof. Susskind speak to our bar association annual luncheon.

So my article this month, Thinking About Tomorrow, should be worth your time. I even include a four step plan to strategize your future, although a couple of the steps are harder if you are not in Tulsa this week. We did add a live webcast for Tools for Tomorrow's Lawyers.

I didn't just limit the thoughts to my own, I included discussion of Professor William D. Henderson’s law review article, “Three Generations of U.S. Lawyers: Generalists, Specialists, Project Managers.” I see this particular evolution as unstoppable and suggest lawyers try to understand how it impacts their future.

I also quoted extensively from Ken Grady, the chief executive officer of SeyfarthLean Consulting. I'm all for modernization and improved law firm project management. But Ken has a truly great hypothetical example of how the best lawyers bring wisdom and judgment to the table as well as logic and the law.

Enjoy your tomorrow. But take some time for thinking about and planning for tomorrow--today.

Just a Danged Ol’ Lawsuit

Lawyers are serious about our work. It involves important matters on behalf of our clients and can have significant and serious consequences. But it’s important to keep everything in perspective. Here’s a great story from a “former” young lawyer who remembers his first time dealing with former Oklahoma Bar President, Doug Sanders of Poteau, Oklahoma. (We all call him Dougal.) Obviously the words of wisdom that were shared with him made a lasting impact.

To have a long-term career in the law it is important to keep things in perspective and sometimes you may have to teach yourself to say “It’s just a danged ol’ lawsuit.”