Archive for July, 2009

The Interview: Bryan Sims a/k/a The Connected Lawyer

Posted by Peter on July 29, 2009
technology / No Comments

Editor’s Note: Naperville, IL commercial litigator and prominent technologist Bryan Sims was nice enough to spend a little time with us here at SIC touching on some technology matters impacting small law firms. Many of you likely already read his blog, The Connected Lawyer, and likely have seen him at one of his many continuing legal education speaking engagements. If you need an expert witness or speaker on the problem of metadata (what is it?) or the effective use of Adobe Acrobat he’s your guy. And on a personal note I think of him as one of my earliest friends which friendship began in the blogsphere (we’ve actually now met in person). I’m going to role out this interview in a few chunks over the next weeks because apparently Bryan is soooo connected that he just couldn’t stop tapping his keyboard in response to my questions.


List 5 “Must-Have” pieces of technology for an attorney (hardware or software).


1. A Good Backup System.

Let’s start with the boring stuff first. No one gets excited about the backup systems/protocols. However, this could be the most important decision you make. Much of what you do is stored electronically. When you lose data (whether from a hard drive crash or other problem), you want to be able to be back up and running as quickly as possible, without having to re-create all of your work.

There are two key components to a good backup system: First it has to be multi-layered. By this I mean you should have a local backup (external hard drives work well for this) and a remote backup, located far from your office in the event of a natural disaster. Remote backups over the internet (with a reputable service) provide the best protection in the event of a catastrophic fire or natural disaster. However, absent this, you don’t want to be trying to restore all of your data from the internet if your hard drive crashes. It will simply take too long.

The second key component to a backup system is that it has to be automatic. Buy a program (such as EMC Retrospect or Acronis True Image) that will automatically make your backups. If your backups are not automatic, you will not do them and you will be very unhappy when your hard drive crashes.


2. Laptop:

The second key piece of technology that a lawyer should have a is a laptop. The key thing here is that you should be able to work from anywhere. This does not mean that you should work all of the time. Instead, it means that you should be able to work from wherever you want. To do this properly you need a laptop.


3. Scanner:

Another aspect of being able to work from anywhere requires that you have access to you documents. The best way to accomplish this is to make sure that, to the extent possible, you work with electronic copies of your documents. To get these documents into your computer, you need a scanner. Once you move to working with electronic documents only, you will be amazed at how much more efficient you become.


4. SmartPhone:

Although I consider a laptop a must, I don’t expect you to carry it with you everywhere. As a result, I believe that a smartphone is an essential piece of technology. This allows you to be somewhere other than your office and still handle not only telephone communications, but also to review email, documents, and faxes from the palm of your hand.

Again, the purpose is not to work all of the time, but rather to allow you to work from where you want to be, whether that is in your office, on your back deck, or on a business trip. For example, my wife gets to travel for business. At times, I go with her. Because I make use of mobile technology, I know that when she is in meetings or otherwise working, I can do the same. Once she is done, we can spend time vacationing.

Also, I see a lot of people getting hung up over which smartphone to buy. Should they get an iPhone, or a Storm, or a traditional Blackberry, or a Pre? The reality is get what works for you. Start by deciding what company has good service in the locations you will use your phone (such as your home and office). Once you decide on a service, pick a phone from that company that you like best that allows you to work the way you want. The iPhone may be perfect for the attorney next door, while you may prefer the Pre. There is no perfect phone. Pick the one that works best for you.


5. Virtual Fax:

Once again, lawyers lag behind the rest of the world. If you talk to people in other industries, they never use faxes anymore. All such communication is done via email. Lawyers, however, still insist on using faxes rather than email. That, however does not mean that you remain tied to a fax machine. Get a virtual fax service and you can send and receive your faxes via email. Not only does this free you from the operating cost of a fax machine, but it also means that you receive your faxes wherever you can access your email. There are a variety of services available with differently priced plans. Shop around and you can find a service that is right for you.



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Fee Agreement Essentials

Posted by Peter on July 29, 2009
billing / 1 Comment

This was a chunk from an article recently published in the ISBA’s General Practice, Solo, and Small Firm newsletter (sorry password protected). They actually have a very good newsletter well worth the $20 per year…and I’m not just saying that because I’m a member. Note the below. I added variations of the below to our agreements:


Unavailability of Attorney/Client’s Consent to Temporary Substitute Attorney/Limited Confidentiality Waiver. In the event attorney is unavailable or becomes ill, disabled or dies unexpectedly, client consents to another lawyer, chosen by attorney or attorney’s legal representative, appearing for the attorney and to the extent necessary reviewing the file and handling the file until attorney becomes available or a successor attorney is chosen by client. For this limited purpose, client waives confidentiality and consents to the other lawyer’s appearance and access to clients’ file for the purpose of taking appropriate action to protect clients’ interests. To the extent possible, attorney will discuss with client the need for the other attorney and identify the other attorney, prior to having the substitute attorney temporarily act for or appear for the primary attorney and the client.


No Guarantee of Result. Client understands that the Attorney does not guarantee any specific results and that the nature of a domestic relations or other matter is such that evaluations of the case and advice as to dealing with particular items or transactions is subject to change from time to time as the case progresses and circumstances and/or the Client’s goals change.


No Cost Estimate Due to Factors Beyond Control. Client further states that he/she understands that a significant part of what is done in a domestic relations case or other matter is based on what the opposing party does or does not do and upon other factors over which neither the Attorney nor the Client have any control. Such factors, particularly the action or the inaction of the opposing party, may substantially increase the fees and costs involved, and therefore there is no realistic way that the fees and costs can be estimated or controlled.

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How to Excel at Your Job and Be Home for Dinner

Posted by Peter on July 29, 2009
law firm management / 1 Comment

Great title of the article and an important principle to remember during these leans times in lawyer land…5 ways to do it:

1. Measure what matters.

2. Cut interruptions and fire drills.

3. Use your spouse to triage.

4. Try WebEx instead of travel.

5. Trade Venus and Mars for common ground.

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Did Ya Pay Your Appearance Fee?

Posted by Peter on July 29, 2009
civility / No Comments

I heard that accusation made recently by a lawyer to an opposing counsel in court. And to be honest I don’t often step onto the civility soapbox because that’s not an agenda I care too much about. My philosophy is rooted in serving our clients’ best interests which frankly is usually served by being civil.

Yet I did find the above statement rather galling as it was made directly to a judge in open court. In Cook County these days you can get something file-stamped at the no fee drop boxes w/o really filing something and perhaps avoid paying a fee. But the issue here is that the fee issue is a Circuit Clerk problem and not a substantive issue in the legal matter and thus not of the lawyer’s concern.

What does the accusing attorney here gain by such a reckless comment?

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Evaluating My Progress Towards 2009 Goals w/ a Look Ahead

Posted by Peter on July 10, 2009
blogging, entrepreneurship, finance, law firm management / 3 Comments

Well a belated happy 4th of July and hope you didn’t get too wet at your local parade and fireworks display. It was cold and rainy in Chicago but the morning and the evening were fine so no great impact on my plans. Yet beyond celebrating the signing of our Declaration of Independence and John Cabot’s discovery of our nation, the 4th also serves as a handy half-way point for the year so I thought I’d gauge my progress…

2009 Business Goals & Plans

1.  Generate an average of $6,000 gross income per month and $72,000 for the year, specifically from lawyering revenue only.

Analysis: I’m going to be just beneath this goal at the halfway point of ‘09. I was at just over $30k through May but I know that June’s income wasn’t great. I’m still very dissatisfied with the inconsistency of my income month-to-month. Simply for living and planning purposes I’d like to just churn-out month after month of $6k to $8k sort of months rather than some big months and then a $1,500 type month. Some things I’ve been doing to generate more business were to put in an application with the CBA’s Domestic Relations Referral Service, I’m set to attend a seminar in August to get on the Cook County Arbitrators list of panelists, and I joined a weekly LeTip group. Three marketing initiatives for the rest of ‘09:  experiment with Google Adwords, Website redesign, and really reachout to other attorneys to make more professional referral relationships. If there’s one thing this blog has done is it has helped me meet many lawyers and I’m sure some of them need a family law referral source so I need to become that person.

Grade: B.

2. Become a Cook County Circuit Court Child’s Representative.

Analysis: I do have a very vibrant domestic relations practice involving many, many child custody matters and I do surely seek out continuing legal education seminars covering this subject. I really need to figure out if this or becoming a certified collaborative attorney is the better use of my time and resources. I need more information for 1-2 real seasoned family law practitioners.

Grade: C.

3. Complete a law review style article.

Analysis: Minimal progress. I want to get a couple scholarly articles under my belt because I really do enjoy writing but I’d also like to bolster my resume for law school teaching purposes.

Grade: F.

4. Create both law firm and blogging business plans.

Analysis: Very little progress on this front sad to say.

Grade: F.

5. Blogging consistency and attend Chicago Bloggers Meetup Group monthly.

Analysis: Primarily the issue here is simply viewing blogging as a very serious business endeavor that’s very much about of my future career and income generating plans. I’ve made around 90 postings here this year and about 70 over at ClosingChicagorealestate.com…not too shabby I’d say. Plus the traffic has really been solid as we’ve solidified things since the transfer over to WordPress. I’m just about halfway through Yaro Starak’s BlogMastermind program and expecting that to be a great guide as I work through more of the marketing portions of the program.

Grade: B.

6. Coaching and Mentoring and Getting Mentored.

Analysis: I’d like to have at least three mentors in my life:  one for lawyering, one for business consulting, & one for my Christian faith. Unfortunately I only have the lawyer mentor in place currently. The one I’m frustrated about is the business mentor/coach…I’m not sure where to turn on that front. There are a lot of business coaches out there but they cost $500 per hour. I may have to seek this out through a local group like Rotary or a Chamber of Commerce. I did get my first contact to act as a mentor through the ISBA’s MentorCenter so I was happy about that…I think that’s the ideal, having both sides of the mentor/mentee relationships in your life. And I am making some progress on the blog mentor program that I bought in early ‘08 so that’s good.

Grade: C.


The Road Ahead…

Some fairly random things I’m thinking about beyond the above:

  • Improve my Website and really make it a business generator and tie in with online ads…take advantage of decent traffic stemming from my blog profile on the Web.
  • Create a firm overview publication with fee listing as part of the package that clients see prior to our initial meetings.
  • Market hard to other lawyers I meet here to turn them into referral sources and vice versa.
  • Consider a firm merger. I want to play bigger and take on bigger cases and I think great teamwork and synergy might be the answer…any takers?

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9 Branding Tips for Small Businesses

Posted by Peter on July 10, 2009
marketing / 3 Comments

This was a new-to-me post over at Yaro’s old blog, Small Business Branding…these were the 9 tips:

  1. The design of your logo really doesn’t matter.
    –Interesting, because I’ve been giving some serious thought to investing some $$ here for the blog and the firm.
  2. Have a professional website.
    –Yep.
  3. Blogs are good.
  4. Blogs are good, but they’re just one tool.
  5. Prepare a one page corporate overview.
    –In advance on an initial client meeting I like that potential client to have three things in their minds/hands: a firm overview about who we are and what we do; an information form for them to fill-out information about their case; general fee information.
  6. Participate in local business events.
  7. Do what you say you’re going to do.
  8. Stand for something.
  9. Realize that you’re not in control of your brand.

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Who Else Wants Repeat Clients??

Posted by Peter on July 10, 2009
marketing / 1 Comment

I do! And I’d bet for most lawyers this is your most critical group of potential business or of potential business referrals.

I’m experimenting with offering a slight fee discount to repeat clients. I included the announcement in today’s quarterly client newsletter (e-mail subject line:  Olson Law’s Summer ‘09 newsletter PLUS new repeat client discount!). I’m thinking around 25% cut off their regular fee rate. My primary aim as a mostly domestic relations practitioner are people who got divorced or had an initial parentage judgment entered but later need some help with modifying custody or child support collection sort of things. Sadly, these sorts of things often don’t get resolved just once for good. And I want to be of service and benefit from this need.

So in terms of marketing to former/current clients and former contacts of my firm here’s what we’re currently doing:

  • Quarterly client newsletter;
  • Discounts for repeat clients;
  • Marketing materials enclosed in our monthly bills;

What’s everyone else doing? This is such a critical group that I still don’t think I’m doing enough.

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The Lazy/Cheap Way to Lawyer Riches

Posted by Peter on July 08, 2009
law firm management / 1 Comment

Well, the headline’s mine but really Rjon Robins is being extremely generous with his time and advice…plus it’s here in CHICAGO.  But I’m not sure when he’s closing down registration so e-mail him now (To request an application send an email to MJ@HowToMANAGEaSmallLawFirm.com with the words “Mastermind Chicago” in the subject line). I’ll admit it, I’ve shirked away from some of the law office management crowd (likely to my own detriment) due to cost, but even I can’t use that excuse this time…I’ll see you there!

The Event:

So I will be returning to Chicago on July 26 & 27th to conduct a Mastermind Meeting & Coaching Strategy Session for a very limited number of solos & owners of small law firms.

This will be designed to help you identify previously-overlooked opportunities for growth & improvement of your small law firm both in terms of financial performance and to make it even more FUN for you to be a lawyer!

You will have the unique chance to have your law firm taken-apart and then see how we can put it all back together so as to:

  • Increase your revenues
  • Increase profits on those revenues
  • Attract more clients
  • Attract better clients
  • Enhance your clients’ experience so you can enjoy premium fees
  • Identify systems & procedures to reduce attorney-stress
  • Squeeze-out profits from your website in ways that might surprise you
  • Identify your ultimate “exit strategy”
  • Leverage staff more effectively based on “best practices” in  other small law firms around the Country
  • And just generally get a Totally Unfair Competitive Advantage in your local market & practice area.

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Have a Biography that Brings In Clients & Lawyers Love Too

Posted by Peter on July 03, 2009
marketing / 4 Comments

I had my thinking on the above triggered by a couple things recently…one was a post by Chuck Newton regarding things he doesn’t like about attorney Websites (one thing in his list being family pictures) and the other being the registration and speaker bios. page for Ms. JD’s Women in Law Conference which I’m speaking at (okay, I don’t claim to know too much about women in the law but I do know a thing or two about starting and building a law firm which is my panel’s topic). Here’s the conference registration page, November 20-21, 2009 at Northwestern in Chicago.

I think you should have 2 professional biographies:  1 client focused & 1 focused on lawyers and other professionals.

The Client-Focused Biography

This is the one that should be on your firm’s Website and perhaps things like firm pamphlets or folders/handouts that you use at client-focused speaking engagements. I think the client-focused biography should do three things:  a) List a very brief description of your schooling and the fact that you are actually a competent attorney; b) Describe the sort of work you do providing specific examples of the types of problems/issues that you can help solve for a client; c) Include a paragraph on totally non-legal things like hobbies, community and church memberships (create potential commonalities and connection points with clients and include a photo). Here’s my biography at my firm’s Website which although it does need a tad of an upgrade I do think includes the three parts described above. Potential clients are looking for someone who can help them solve a specific problem and likely aren’t going to be impressed by that law review article you wrote in law school. And to a lesser extent I’ve gotten positive feedback regarding non-legal, more personal items. Simply listing more information that might cause a potential client to feel more comfortable with you…such as oh I went to the same high school or I do the occasional triathlon too.

The “Professional” & Lawyer-Focused Biography

On this one I’d give myself a much lower grade. Here’s what I used for the above conference:

Peter R. Olson is an Illinois attorney and the founder of The Law Office of Peter R. Olson located in Chicago. He’s in his 8th year as an Illinois family law attorney, advocating on behalf of individuals, families, and children during dissolution of marriage and parentage cases involving child custody, child support, and intricate property issues. He blogs about law practice management issues at SoloinChicago.com. He’s a graduate of both Winona State (MN) and Southern Illinois universities.

It’s too short and doesn’t include nearly enough “professional fluff”…that’s a legal term of art for things articles I’ve written, past conference speaking engagements, courts I’m licensed to practice before, bar association offices held, and of course one’s all important status as Order of the Coif. I state those items a bit with my tongue-in-cheek, but not totally. Think about the purpose of the conference biography…it’s actually more important as a pre-conference marketing tool and less important actually at the event itself. With me I think I view it a lot like a flashy dresser, I don’t want to be that person, rather, I want to impress once I open my mouth. And that’s sort of okay once you’re at the seminar or speech or whatever. But, you’ve got to get people there in the first place and in the marketing materials your only shot is a nice photo and the accompanying biography. So for that next conference I’m going to drop the modesty and tell you all about my exalted time on the SIU law review.

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Legal News Roundup

Posted by Peter on July 03, 2009
law school / 1 Comment

Saw a couple pieces in the general media that peeked my interest and hopefully others…

First, this article entitled, Aspiring Lawyer Finds Debt Is Bigger Hurdle Than Bar Exam about a New York law school graduate who got a NO from that state’s character and fitness panel (meaning no law license) due to his accrual of some $400,000 in student loan debt. There are some unique aspects of his situation namely that he’s 47 and hasn’t made any payments on the debt, but, the general student debt crisis is front and center for law school grads in the last 15 years or so and likely to get worse. I haven’t heard of anyone not getting her license in Illinois but I wouldn’t be suprised if it has occurred and more importantly the typical debt burdens of law school graduates is a huge hinderance on career choices.

Second, and touching on the related issue of student loan debt was this piece regarding a new Education Department program regarding different loan repayment and foregiveness options. Here’s the Department’s release regarding the program. It appears to offer two new options:  an income-based repayment plan which might lower monthly payments (but likely increase total pay-back as interest accrues) & a public service loan forgiveness option (this surely might be worth a look if your employment is of a public-service/government variety).

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