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May 30, 2006
Do See Blawg Review #59
One of the better-conceived and maybe the classiest Blawg Review you'll see is this week's Memorial Day Special Blawg Review #59.
Posted by JD Hull at 12:56 PM | Comments (0)
May 29, 2006
Law Firm Cash As The Great Deceiver.
"If we're rich, we must be smart." Well, maybe not. Here's a cash position pattern that prevents many of us from thinking clearly. Tom Collins at MorePartnerIncome pins it down, and articulates it. He reminds us to trust hard facts, analysis and planning over the thrill of today's cash flow and respectable reserves in Cash Is An Unreliable Barometer of Law Firm Health. Tom and Debbie Foster of InTouch Legal call this syndrome the "accidentally successful" law firm.
Posted by JD Hull at 11:55 AM | Comments (0)
More Non-U.S. Blawgs
Since the post immediately below, we've received suggestions for about 10 more non-U.S. legal weblogs from or about the jurisdictions of Canada, Germany, Netherlands Antilles and New Zealand to add to the catalogue. If you publish or know about an active blawg you'd like to recommend, please send the site by comment or e-mail.
Posted by JD Hull at 01:03 AM | Comments (0)
May 26, 2006
The Legal World Outside America: Non-U. S. Blawgs
If you scroll down a little on your left, you'll see our first edition of a catalogue of non-U.S. legal weblogs from or about (I) The West and (II) Asia. Latin America, Africa and the Middle East are next. We'll keep building on this--just as my own firm has built an international practice over the past 10 years. The idea here is to catalogue active quality "foreign" blawgs so we can all expand the digital conversation into the non-U.S. legal community and make a few new friends and contacts. WAC? has worked on this project for a while--see e.g., here, here, here and here--and commentators or bloggers like Rupert White of the UK Law Gazette, England’s Justin Patten, Nick Holmes and Delia Venables and the United States' Bob Ambrogi have mentioned or weighed in on this effort.
Suggestions for additional non-U.S. blogs are welcome. They should be active legal weblogs. Blogs without English language versions are fine, as many lawyers and business people--especially outside America--are multilingual.
Why do this? Where or what does it get American attorneys?
First, many jurisdictions around the world--especially in Europe and Latin America--have legal systems remarkably similar to America’s for historical and cultural reasons. Some don't. But as many more of us and our clients dive into the new international mix, it's good to know something about these jurisdictions legally and especially culturally. Many of these blogs are excellent, like China Law Blog, The Canadian Privacy Law Blog and TechnoLlama, to name just a few. Some cover developments in the European Union, and other focus on one practice area in several countries or regions.
Second, American lawyers with corporate and high-end practices in solo shops, boutiques and firms under, say, 300 lawyers should be especially interested in "meeting" lawyers and businesses headquartered outside of the U.S. There are opportunities to do U.S. work domestically on behalf of these entities. You don't need offices in London, Brussels or Beijing to obtain or do that work.
Finally, this could be great fun.
Posted by JD Hull at 09:41 AM | Comments (0)
May 24, 2006
More General Counsel Venting Plus...
Here's yet another post-BTI Consulting Group study follow-up article--this time in Law.com's In-House Counsel. And this piece, by Petra Pasternak of The Recorder, has pointers from some candid but helpful GCs for those of us who are General Counsel-challenged, including: "5. Embrace Risk", "8. Keep Me Focused" and "10. Make Me Look Good".
Posted by JD Hull at 04:07 PM | Comments (0)
May 22, 2006
Excellence: In the Details
What if we lawyers put into our efforts to retain clients 10% of the attention to detail most of us put into our substantive work? If we did that--i.e., focus increasingly on the details of service delivery in addition to the "legal work" itself--we would seldom need to market, except through servicing existing clients we want to keep. On that subject, Tom Collins at More Partner Income has the post Excellent Law Firms Sweat the Small Stuff:
I’m on the same page with John L. Michalik, former ALA Executive Director, when he says [in the April/May 2006 issue of ALANews], “How can we be trusted with big things and big responsibilities if we’re not trustworthy as to those things that are small?”
“To achieve excellence and success...you often have to care more than others think is wise, expect more of yourself than others think is possible, and do more than others think is enough. A starting point for that is realizing that everything does count, and the size of the problem, task or the error to be corrected is not determinative of its importance.“
Caring about the small things sets the standard, and how the small things get treated determines how the organization will deal with the really big things. Everything counts!
Posted by JD Hull at 10:04 PM | Comments (0)
May 20, 2006
Blawgs Abroad: WAC? Catalogue of The West and Asia Nearing Completion.
"Americans do tend to think that the rest of the world is rather far away and not terribly important." Delia Venables, UK legal IT commentator, in UK's Law Gazette, March 2, 2006.
On Friday, May 26, look to this site for the completion of our ongoing catalogue of active non-U.S. legal weblogs for the following countries and jurisdictions:
I The West
Canada
United Kingdom
Ireland
Sweden
The Netherlands
France
Spain
Portugal
Germany
Poland
Switzerland
European Union
South Africa
Australia
New Zealand
II Asia
China
Hong Kong
Japan
Korea
Singapore
India
Posted by JD Hull at 02:40 PM | Comments (0)
May 19, 2006
"Stress, Fear and Deception"
Expect to see a few lawyers missing their flights.
According to the Reuters news item "U.S. Expanding Behavior Profiling At Airports", agents of the U.S. Transportation Security Administration will now monitor passengers at high-risk airports for signs of "stress, fear and deception". Other signs of "abnormal behavior" are "wearing coats when it's warm" or "acting fidgety or nervous"... Constitutional issues aside, this can't be good news for lawyers. Most lawyers I know travel, are high strung to begin with, and can look menacing, paranoid or even slightly unbalanced just deciding what to order for lunch. Not a relaxed or "normal" lot. So let's hope the TSA people receive the right training.
Posted by JD Hull at 11:13 PM | Comments (0)
The Wonder of Repeat Business
Tom Kane at The Legal Marketing Blog and Jim Hassett at Law Firm Business Development each have nice recent posts on one of my favorite subjects: existing clients as the best source of new business. And Jim's post includes some really interesting statistics. See Tom's post here and Jim's here.
Posted by JD Hull at 07:23 PM | Comments (0)
May 18, 2006
SLM No. 4: Are Federal Courts Better for Corporate Clients?
In the past 10 years I've published three articles about federal judges versus state judges and posted about it in October. But those articles were all too long--and until now I've never made the topic of federal judges a misty-eyed Sensitive Litigation Moment. The short answer to the question: Yes--almost always. The reason is that as business is done increasingly across state borders, chances are good that your corporate clients' cases, whether as a plaintiff or as defendant, will be on "enemy" or at least "foreign" turf. Generally, there is no use in having your clients and you before state judges--who are often popularly elected. So if you're a plaintiff, file your business case in federal court on the basis of diversity (suits between "citizens of different states") or federal question jurisdiction. If your client is sued as a defendant, remove the case if you can to a federal court under 28 U.S.C. section 1441. If you are creative, and your best clients and you are both terrified of most state court systems anyway, you'll find a way. (And if you can't, at least demand a jury; work hard to select a good one when the time comes.)
Are federal judges really "better"? Another short answer: Probably yes--with more than a few glaring exceptions in both systems. But the real point here is that federal judges are supposed to be "better", and more impartial toward outsiders who appear before them. Most but not all federal judges get this. One of the reasons diversity jurisdiction was created was because of the framers’ concern that all-too-human prejudices of the local judiciary toward out-of-state persons would unfairly affect outcomes in trial courts. If you want to read more about this, see a small book by a great man, Erwin Griswold, Law and Lawyers in the United States, 65 (Cambridge, Harv. Press 1964) based on the Hamlyn Lectures delivered in England in late 1964. Also see Hart and Wechsler, The Federal Courts and the Federal System, 24 (Brooklyn, Foundation Press, 1953).
Posted by JD Hull at 11:16 PM | Comments (0)
Real Relationships With Clients and Customers: "What's The Problem?"
"Clients" should conjure up the idea of long-term relationships. This blog has tried to emphasize achieving success and professional satisfaction by forming client relationships and making them last. In short, you "market" by doing good work for clients you like with an eye toward making them customers for life. Sure, we all want new clients and new work, but repeat clients is the goal of many business lawyers and other professionals who want to attract and retain a high-end client base. But for most of us keeping clients is very hard. We always talk about "service". We even think we are doing it. Client service is way harder than it looks. It takes an unlikely mix of passion, joy and discipline.
No one gets all this better than Arnie Herz at Legal Sanity. The guy's truly on to something and has a consistent message--one you'll need to discover for yourself. A few days ago on a plane I suddenly started writing a post about Arnie and his theme of lawyers as "trusted advisors" in enduring relationships that grow and get better. Arnie is truly the lawyer of the future--Western logic smart yet intuitive and creative. My Arnie post is not finished yet but today I just noticed one he wrote I love called "Sending Mixed Messages About Client Service" based on a disappointing but commonplace shopping experience most of us have had. As the post shows, one of our problems with clients and customers--in small mom and pop stores and mega-stores open until midnight, professional firms or Fortune 500 companies--is our tendency to treat "client connections as ephemeral transactions rather than lasting relationships". Anyway, read the post. More on Arnie and Legal Sanity later.
Posted by JD Hull at 07:08 PM | Comments (0)
May 15, 2006
Just Say It: Good Writing for Clients, and Other Humans.
We have just 12 rules and no rigid doctrines here. Nonetheless you may not use "heretofore", "said" as in "said widgets" or "COMES NOW" in this space. Ever. See "Writing for Clients - Just Say It": Parts I-IV here, here, here and here. This blog loves sane and people-oriented writing for clients, fellow counsel and courts alike. So does New Orleans lawyer Raymond Ward, the "Rainman", who writes Minor Wisdom, one of my favorite blogs. His site is full of good tips on many things, including good writing. See Ray's most recent posts "Naked briefwriting" and my favorite "All they really need to know about legal writing they learned in the 3rd grade".
Posted by JD Hull at 03:56 PM | Comments (0)
Blawg Review # 57: When I was in law school, we had to listen to "The Shadow" on the radio.
Blawg Review #57 was written by an actual law student, Ryan Austin, who's smart enough to get away with watching a bunch of television--all about lawyering, too. Very clever, and worth your time to see Ryan's review of last week's better posts. Starting any time now, and maybe even today, this rainy jet-lagged Mother of all Mondays, I may watch more TV myself as I gradually transition from the crisp and creative Alan Shore to the increasingly confused but lucky Denny Crane.
Update/Correction: My apologies, and mea culpa. Yesterday jet-lag, lack of sleep, too much stuff to do "Back East" and the excesses of my past youth (tennis, basketball and nuclear waste diving) conspired to cause me initially to incorrectly attribute Blawg Review #57 to Jennifer Collins, an ALM editor and BR icon. We got rid of the post, but we are still trying to eliminate the permalink. Our thanks for catching my error goes out to an alert operative with the BR secret police.
Posted by JD Hull at 01:32 PM | Comments (0)
May 14, 2006
What About Clients? Honored To Be In "The Strongest Links".
"What About Clients?" is honored to be one of "The Strongest Links" noted in Tom Mighell's column in the May edition of Law Practice Today of the American Bar Association. Tom is a well-known technology leader, lawyer at Cowles & Thompson in Dallas, and blogger himself. He discusses eleven other sites by lawyers, non-lawyers and some real marketing and client-retention gurus. These include blogs by my three new friends Patrick Lamb, Michelle Golden and Tom Kane. In particular, Patrick, who publishes the respected and popular In Search of Perfect Client Service, has been a selfless and patient mentor since day one. Thanks, Pat. So if you want to explore some great blogs which focus on clients, and how clients and firms in any business get on the same page, see Tom's Law Practice Today column.
Posted by JD Hull at 11:25 AM | Comments (0)
May 12, 2006
China, California, and "Foreign" Influences In Both.
See the post, China's Foreign Law Firms Under Seige?, by Dan Harris at China Law Blog. It's about a Chinese government memorandum discussing a crackdown on "foreign" lawyers engaging in a range of "illegal" practices in China, including what amounts to unauthorized practice of law. As Dan notes, this may be part of a greater movement by Chinese authorities to combat foreign influences. This is unfortunate, as Westerners try to mix in the new Chinese markets. However, I agree with Dan that it's not all that remarkable. China is no more insular, territorial and medieval toward "foreign" business lawyers than the 50 states are toward China lawyers. Moreover, several American states in particular are arguably more backward and restrictive than China. For example, California, one of four jurisdictions where I am licensed, is supposedly a progressive state with a huge and vibrant economy. But it still has a non-reciprocity bar admission policy with respect to licensing out-of-state lawyers--as if it refuses to recognize that business is done across both state and international borders. Massachusetts' Alan Dershowitz would have to take the 2-day "lawyers" California bar exam--a world-class waste of time and money--along side hundreds of 25-year-olds named Justin, Brandon and Brittany to argue more than one appellate case a year here. So would Florida's Roy Black and New York's David Boies in the trial courts. So China and California (and other non-reciprocity states) are about even on the anti-business and general madness meters.
Posted by JD Hull at 10:24 PM | Comments (0)
May 11, 2006
Law "Subs": Have Law Boutiques Come of Age?
"So we'll trade you your immigration people for our patent guys--they were getting on everyone's nerves anyway."
Larry Bodine and Carolyn Elefant, leaders in new thoughts and in news of new developments, have attracted attention by highlighting the New Jersey ethics decision allowing law firms to purchase other law firms as wholly-owned subs. The New Jersey Supreme Court's Advisory Committee on Professional Ethics and Committee on Attorney Advertising have issued Joint Opinion 704/37. So my firm can buy your firm as an investment--and sell you later if you don't work out. The advisory opinion was apparently prompted by a request concerning a law firm which sought ownership of another law firm in a speciality area--or a boutique. Lots of issues raised here, as Larry and Carolyn each note. And then there's this article by Mary Gallagher of The New Jersey Law Journal with an arresting quote from James Jones of Hildebrant International's DC office. Jones said that for large sophisticated clients, "[t]he idea of clients hiring one large firm to do everything is a thing of the past". We wait to see if other states will take positions. While we don't know who made the New Jersey request and why, this development will lead some to speculate that non-BigLaw boutiques over the past 15 years or so have shown themselves worthy of purchase in the marketplace. Premature, I know. But if that's right, will boutiques and solos even want that?
Posted by JD Hull at 04:12 PM | Comments (0)
May 09, 2006
Delia Venables' UK and Irish Sites.
Delia Venables, a consultant in the county of East Sussex, in the southeastern corner of England, is my new friend. From across the big pond comes Delia's great sites and "Delia Central" is Legal Resources in the UK and Ireland. Do see our favorite Blogs, News Feeds, Podcasts, Video Blogs and Wikis with UK and Irish Content. Delia also offers an Internet Newsletter for Lawyers. These are are comprehensive and interesting resources for the legal on-line coummunity in the United Kingdom and Ireland. Yanks, of course, are always welcome and encouraged to point, click and join in. Most Brits still like most of us most of the time. And the UK and Irish legal systems still bear amazing similarities to our own. Also, Delia is starting to link to and discuss in detail some U.S. blawgs.
Posted by JD Hull at 09:35 AM | Comments (0)
May 08, 2006
Rob Millard on "Bad" Clients.
Some time ago we wrote about bad clients. Our brief post was about choosing the right clients and our conclusion was that no client at all is better than the wrong one, especially during a downturn in business. Note also Rule 1 - Represent Only Clients You "Like". However, Edge International consultant Rob Millard, over at his The Adventure of Strategy blog, has just published on the subject of a different kind of "bad": the effect of detractors and non-promoters of your business on your business. A Principal with Edge in South Africa, Rob has written an insightful, well-researched and must-reading piece on the drain of these problem clients entitled What Do "Bad" Clients Cost Your Firm?
Posted by JD Hull at 05:21 PM | Comments (0)
Blawg Review #56 - Point of Law
It's an understatement to note that the people behind Point of Law, which crafted this week's Blawg Review, are part of a talented bund of lawyers, thinkers and commentators on the U.S. litigation system. Blawg Review #56 is here. Jointly published by the Manhattan Institute and AEI, Point of Law includes writers like Peter Huber, who has helped make the law and courtrooms more science-savvy, and Philip Howard, author of The Death of Common Sense, who works at a Washington, D.C. law firm I labored at one summer long ago. Put these people on your blog roll.
Posted by JD Hull at 11:10 AM | Comments (0)
May 05, 2006
Superfund: "A Dark Legacy's Impact"
You will need to click at two points to bring it up, but here's the on-line version of our firms' sixth and final "Waterlawged" column this year for the tony glamour periodical Water and Wastewater Products Magazine about groundwater contamination and the federal Superfund law. Pretty gothic but apt title, and not the one we chose, as I recall--but you get the idea. Superfund, or CERLCA, deals with abandoned hazardous waste sites. It's not a humorous topic--nor should it be--but I did my best to make it interesting and at points entertaining enough so that more readers than just environmental lawyers and chemical engineers could get through it.
Posted by JD Hull at 12:25 PM | Comments (0)
We are the world/We are the children?
An NBC reporter thinks blogs are coming into their own. This spare but thoughtful article by NBC correspondent Dawn Fratangelo bloomed last night. It's a very upbeat piece. She says blogs are increasing in number, power and influence. They are the "new age opinion pages" by names, no-names and Everyman. Shucks.
Posted by JD Hull at 02:50 AM | Comments (0)
May 04, 2006
My Firm Would Like That Compliment, Too.
"We don't have their phone number, we have their DNA". Two weeks ago, Patrick Lamb, the Chicago-based trial lawyer and blogger at In Search of Perfect Client Service had a post reporting that Cox Enterprises' General Counsel Andrew Merdek had said this about his outside law firm, Dow, Lohnes & Albertson, in an interview with the National Law Journal. I noticed the quote when Patrick relayed it--and I can't get it out of my head. The ultimate. Talk about clients being and feeling safe.
Posted by JD Hull at 11:02 AM | Comments (0)
Performance Reviews Based On Client Service Criteria?
And why not? At least once a year each employee at our firm is evaluated in a process in which written evaluations are delivered, followed by a meeting with comments, questions and gripes. It's 2-way process, too. "They" (associates and support staff) get to evaluate "us" (partners and senior lawyers), and then talk about it. It works well. We've followed this procedure for 5 years. However, starting this year, our evaluations will also be tied to the "12 Client Service Rules" which we set out in this blog as an off-shoot of our firm practice guide and completed in early April. We talk about real service every single day, almost as if it were a substantive area of law practice. It's a running conversation. But if you are serious about building and keeping a "client service culture" at Hull McGuire, we need to underscore them in every performance review.
Posted by JD Hull at 07:29 AM | Comments (0)
May 02, 2006
"Can't stay late tonight...I got a thing."
Please see at Peter Lattman's WSJ Law Blog yesterday's short article "Today's Associates: Slackers or Just Smarter?". For a few years I've been wondering about this myself, but maybe the answer is the latter: how can you argue that not being a workaholic is bad? Do note the number, nature and heat of the comments to this post--16 of them so far.
Posted by JD Hull at 01:10 PM | Comments (0)
May 01, 2006
All Day on Law Day: Ben Cowgill's Blawg Review #55
Other than some good works by yours truly, and infrequently at that, one of the few good moments lately for a certain enduring university in Durham, NC is Blawg Review #55 by fellow alum Ben Cowgill at SoloBlawg.com. Is this Blue Devil talented and multi-faceted or what? An innovative and very interesting bonus is that Blawg Review #55, with its looking-for-America theme, runs all day, today, which is Law Day. Very clever. If you're a boomer, Ben's treatment may make you a little nostalgic.
Posted by JD Hull at 05:57 PM | Comments (0)