The Practice

Milberg Weiss

I pass this on as a service to our readers. It is a fascinating story about Milberg Weiss, the large class action law firm who is now under indictment. I guess ethics may matter still, huh?

A bit different: Blogging Lets You Meet People

This is a bit different post today. I was recently contacted by a newspaper publisher for a story about my practice oriented blog. They interviewed me and are writing a story.

Yesterday, I was contacted by a photographer and this morning she took my picture. Surprisingly, the lens didn't break! Anyway, it turns out that she is a blogger herself. You can read her blog here and see her online portfolio here. Her name is Charr Crail, and she was great to work with!

My point is this: we all know blogging has the benefits of getting you more clients, helping establish you as an expert in your field, but it also has the benefit of letting you meet new people who you might not otherwise meet. I am glad I got the opportunity to work with Charr and I look forward to reading more of her blog!

-------Jonathan

Resolving Disputes

It is common in trial work to run in to disputes with opposing counsel. We may disagree about the scope of a subpoena or discovery responses. We may disagree about the extent of a medical examination of the plaintiff. And most of these disputes should be resolved short of the courtroom.

However, I have noticed a disturbing trend lately: a failure to meet and confer. California's discovery statutes require the parties meet and confer to attempt an informal resolution to any discovery dispute, except for a few rare examples. I find this to be a good way to resolve disputes without the time, expense and energy of going to court. However, it seems a growing number of attorneys choose not to meet and confer require motions to be filed to do anything.

I don't know why this trend has developed. I wish I did, but alas, I may not be that smart. Meeting and conferring has several benefits:

1. You are complying with the law. That's a good thing for attorneys.
2. You are working cooperatively to resolve a dispute, which is the point of the system, isn't it?
3. You do not have to worry about being sanctioned. Sanctions suck!
4. You do not have to spend time and effort preparing motions that could have been avoided with a 10 minute phone call.

I would encourage everyone, but especially younger attorneys, to meet and confer and try to resolve disputes amicably before you end up in a long law and motion fight.

--------Jonathan

More on why you should not talk to the media

For those of you who do not follow the NBA, you may not know that the coach of the Sacramento Kings was recently picked up on a DUI case. Apparently, he blew a .11, which is .03 over our state legal limit of .08. It is a misdemeanor and punishable usually by work project, fines, and a DUI program.

The local press is, obviously, covering this like a big story. Heck, it is Sacramento and with the legislature out of session, we need something to read about. So, the Bee talked to several attorneys and one of them said "We all do it. We all have a few drinks and drive."

First, we all don't do it. Second, it sounds like he is saying that having a few drinks and then driving is okay. He can't really mean that, but in the context of the story, that is how it sounds. Does anyone really want to be the attorney who says that drinking and driving is okay?

I know this guy was trying to downplay the blood alcohol level. And I know a .11 is not the end of the world. But, the statement makes it sound like the attorney thinks it is okay. I expect to shortly see a statement from him that drinking and driving is not okay, but in the meantime, it may make him look bad to certain members of the public. And that, my friends, is why talking to the media can be so bad.

------Jonathan

Small Business Resources From Shippers

Yes, those friendly shippers, UPS, DHL and FedEx have services for you. Well, not for you the attorney, but you the small business. I bet you didn't know that they were so helpful. We all know about The UPS Store and FedEx Kinkos, but you can also find more:

• DHL provides links to the company's small business magazine, resources and calculators;
• FedEx has information on shipping, printing, articles and resources, along with deals for those of you looking at their information;
• UPS has cost saving tips, tools, and resources when you click on "Business Solutions."

These are three great resources to help you stay cost competitive. After all, despite being a lawyer, you are still running a small business.

-------Jonathan

Studying for the Bar Exam

This came up recently on an email discussion list, solosez. (For those of you who do not know, solosez is a listserve run by the ABA, although ABA membership is not required. Many of us are not ABA members and I have let my ABA membership lapse.) How do you study for the bar exam?

I think everyone agrees you need a bar review course. It may be MicroMash, Barbri, or one of the 1000s of others. It doesn't matter to me. Find one that suits your learning style. However, what about after that?

Some people think you should lock yourself away for two months (or more) and just focus on passing the bar exam. I, as you could probably guess, disagree. I think this is completely dependent on your learning style, but I think law school and lawyers seem to think, as a strong majority, that this is the only way to pass the bar exam. And, it is just not.

When I was studying for the bar, I was working full time (40 to 60 hours per week), dealing with my family, and making sure the bills were paid for the family. I studied at night, primarily, when everyone else was asleep. I was up at 430am to get back to work. I kicked the family out of the house the weekend before and then I studied that weekend. I went to work the day before the bar exam to clear my head.

It worked. I passed. Will it work for everyone? No. However, it is an alternative to the lock yourself in a room theory. The problem, as I see it, with the lock yourself in a room theory is this: you are putting all of the pressure on yourself to pass. If you don't pass, then you will be devastated since you have only studied for the exam.

Find a style that works for you, however. Don't just do what everyone else does. What worked for you in law school will work for you with the bar exam.

---------Jonathan

Saving money versus being cheap

Some people confuse cheap with saving money. They are two different concepts.  Completely different. So different that, well, maybe an example will help.

Saving money: I don't have a postage meter. I use  stamps. I buy my stamps at Costco for less than face value. I mail a letter and put a stamp on it. If I have a bigger package to ship, I go to my mail drop and ship it and pay them the postage. It is a substantial savings over using a postage meter.

Cheap: I received a check from another attorney yesterday. Let's say the attorneys name is Susan. (It is not, but let's pretend.) The check, instead of saying "Law Office of Susan Jones," actually says "Law Office of Suzanne Jones." They crossed out Suzanne and wrote Susan. That, my friends, is just being cheap.

With your practice, save money, but do not be cheap. Being cheap just looks bad.

-------Jonathan

Why you need education based marketing

Notice the use of the word "need." It is not a typo. You need to use this. It is a must. Not a should, not a could, not a would, but a MUST.

Story time. I was getting my mail today. A woman was having something notarized. It turned out to be a quit claim deed. She apparently had bought a software program to create her revocable trust and decided she would follow the directions. The directions apparently told her to prepare a quitclaim deed to deed her property to her heirs. Yes, she had the form filled out and was about to have it notarized when someone realized the problem. She had no idea that a quitclaim would give her heirs her property immediately. Upon being asked why she didn't use an attorney, she said "They cost money."

Yes, attorneys cost money. And we cost more than a software program costs. And it can get expensive hiring us. However, if we educate people and explain to them the value that we bring, we will have a larger pool of potential clients, including those who think we cost money!

------Jonathan

PS Want to learn how to do this? Learn from the best, Ben Glass!

Coffee and the Potential Client

You laugh at us home office lawyers. How do we work out of our homes? Don't we need an office? Why do we work at home?

Well, we now have another advantage: Starbucks! Yes, the green coffee place. How? New research has shown that people who drink caffeine are more likely to agree to buy what you are selling. In this case, that means they are more likely to hire you. So, when we meet with clients are Starbucks or Peets or the local coffee joint and we buy the potential client a coffee, not only do we look good for buying the coffee, but we are putting them in a position where they are more likely to hire us!

Now, back to your chuckling, but if you work in an office, make sure you have coffee around, and not just the decaf!

------Jonathan

E-mail to don't list

Courtesy of Men's Health. I am only giving you the highlights. You want the rest? Go buy the October issue. (Yes, women can buy it too!)

1. Don't thank me.
2. Don't cc me on every e-mail.
3. Don't send me a copy of an email that is just going to annoy me.
4. CC me if I SHOULD know about it.
5. Don't make me think about the topic for more than 15 seconds.
6. Don't expect a response to every e-mail. (Along these lines, put NRN at the end of an email if "no response necessary.")
7. Anything really worth saying should be said on the phone or in person.
8. If there is an article with my name in it, send it to me. Otherwise, don't send me emails with "thought you might like this."
9. Go easy on the cc field.
10. No dirty pictures, unless they are really good.
11. Unless you are indispensable, don't get too personal.
12. Use English for business.
13. Don't be too boring with your emails.
14. Don't become a zombie from email.
15. Leave your blackberry at home when you go to the beach.

There. 15 notes about email from Mens Health. Did you go buy your copy yet?

---------Jonathan