The Practice

New Resource for Trial Attorneys

Are you a trial attorney wondering what happens after trial? Have you ever thought about an issue and said "Hmmmm....I wonder how it works on appeal?" Ever curious about what goes on at the appeal stage of a case?

If you are curious, there is an interesting new blog out by Donna Bader, An Appeal to Reason. Her topics include how appellate attorneys fit into the picture, the role of appellate attorneys and why recycling your post trial briefs is a bad idea.

This is a great resource and an interesting look into the role of the appellate attorney. Take a look at it.

Jump Start 2008

Ben Glass of Great Legal Marketing fame is having a conference in January in Fairfax, VA. Jump Start 2008 is going to help you learn to take control of your law practice and make it so your law practice will serve you instead of you serving your law practice.

Ben, as you know, is the creator of GLM, the system I use to market my practice. His methods work. He will teach you how to make your practice a tool to help you instead of you being a slave to the practice. I wish I could make it, but alas, it is three days before a scheduled trial and someone has to keep the bad guys at bay, right?

If you go, and you should, let me know what you think.

Top 25 + 1

Okay, in my research I missed one product. Now, I could debate why I missed it: not enough marketing, not marketing to the right groups, it slipped through the cracks or I wasn't looking for it. But, alas, I missed it.

The Daily Case Report is a website you want to see. These guys, two attorneys in San Jose, CA give updates on California slip opinions - via video! And you can get MCLE credit for it. How cool is that? From them:

Daily RSS feed announces all new Slip Opinions.  Subscribers also get Slip opinion alerts by email that they can personalize to notify them only of new cases in the areas of law that they practice.  And, best of all, when you watch 15 minute video programs discussing the new cases, you earn MCLE credit. If you find something interesting only once every 2 and a half weeks, you can easily earn all the MCLE you need, just by keeping current on the cases that matter to your practice.

Hey, its free and it looks pretty cool. Give this a spin and let me know your thoughts. I like it!

Credit Cards: The Debate Continues

Okay, so you either take credit cards or you do not. Simple enough proposition. Either you think it helps your practice or you think it is more trouble than it is worth.

Well, the fine folks (and I mean that) at the State Bar of California have come out with an ethics opinion, 2007-172, about credit cards. Read it, digest it, and if you are in California, read this month's California Bar Journal where it is discussed in an MCLE segment.

Now, decide for yourself. (Oh, and for the record, I have no official opinion, but wanted to provide this information.)

You need another reason not to talk to the media?

I have been a proponent over here of not talking to the media. I don't think anything good can come of it. And, now, more evidence of that.

The DA in the Duke lacrosse rape case has been charged with ethics violations arising out of his comments to the press. Apparently, some of the comments he has made may have been "improper." At least one person thinks the defense attorneys may have also made improper statements.

Look, you never want to try a case in the media. You won't win. No one really wins. Let your lawyering speak for itself and if you absolutely MUST make a statement, make it as boring as possible. Try something along the lines of "We will let the legal system determine the outcome of the case." It is not sexy, but it will avoid you worrying about ethics charges down the road.

More on Shameless Self Promotion

Ah, it is Christmas time and that means it is time to give awards to our fellow man. (Yes, I did it yesterday.) Bloggers are especially good at giving awards. Unfortunately, they like to give awards to their friends (which is almost okay) and to themselves (which is never okay). I wrote about this last year. You can read it here. It could be fun before you go on with this one.

This year, instead of ranting, which apparently doesn't get anyone to pay attention, I decided to take a different approach. Here are my 2006 Law Blog Awards:

• Best Blogger who writes a Blog: Jonathan Stein
• Best Blogger who writes more than one Blog: Jonathan Stein
• Best Blogger who writes a LPM Blog: Jonathan Stein
• Best Blogger who writes a practice area Blog: Jonathan Stein
• Best Blogger who writes a blog in English: Jonathan Stein
• Best Blogger who writes a blog in plain English: Jonathan Stein
• Best Blogger who writes an insurance related blog: Jonathan Stein
• Best Blogger who doesn't give a rats a** if anyone gives an award: Jonathan Stein

You get my point, I hope. It is easy to make up awards and then give them to yourself. It is also ridiculously lame. Think of Hollywood, only most people don't care that much about you. I don't mind if you give out awards, but don't give any to yourself and don't give them to your friends. Go out and find the best blogs and give them to those people.

So, in all seriousness, here are my favorite law blogs:

• 3L Epiphany. This might be the best new idea of blogging. I may even vote Ian Best for President!
• Home Office Lawyer. If Grant Griffiths writes any more blogs, I may petition the state of Kansas to change his name to "B log Griffiths." The man is a blogging machine and he puts out some of the best, most unique content.
• LegalEase Consulting. Despite a picture that I still wish she would change, Allison Shields has one of the most interesting blogs about practice management that you will find. Fresh ideas and a great lady.
• PISSD. You should read this for only two reasons: 1) Bob Kraft does not put out anything bad. 2) Can you get a better title? (That is funnier if you pretend Chandler Bing is reading it)
• I Heart Tech. A cool tech blog from a great lady.
• MyShingle. I guess this is like the Rose Bowl - it is the granddaddy of them all (or in Carolyn's case, the Grandmother of them all?). If you only have one blog to read, you should be reading Carolyn. She has been at this longer than anyone I know. She doesn't give herself awards, and while she and I differ on some things, I respect her work.

Heck, for that matter, I respect the work of all of these bloggers. Why? They don't shamelessly self promote. They try to come at you with fresh ideas. They don't constantly rehash the same things. And they are pretty good people.

Now, maybe some of the bloggers who give out awards can take a step back and rethink what you are doing. If you really think you are the best at what you do, fine. But, I bet there are others out there who do it better. And, that my friends, is what makes this, and anything, a challenge. Always knowing there is someone out there better for you to strive for.

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!

What would make you go?

I am curious about this. At the California State Bar annual meeting (and yes, this is my last post), the attendance is about 5,000. There are 204,000 or so attorneys in the state. That is about a 2 1/2 percent turn out. I was surprised there is not a higher turnout.

For those of you who do not attend, why not? What would make you go? Especially my young lawyer readers, what could be done to entice you to go? Is it the location? The programs? The fact that you think it is only old white guys there? Share your ideas and thoughts.

And, if you did go, why? Was it a good experience? What did you take away from it?

Thanks! I always appreciate your input whether it is here or in an email.

--------Jonathan

The ABA and young lawyers

The ABA is supposed to be about developing lawyers. They put on continuing education programs to that end. And, last week, I received an email asking for program ideas. I suggested a program I have developed that is designed to provide training on a specific topic to young lawyers. And, I think there is a need. (The content of the program is irrelevant to the post.) So, I suggested it. And it was shot down without even a discussion.

The reason: apparently the person who read the email didn't think the program would draw enough people. Gosh, I didn't know the ABA made decisions based on how many people they THINK a program would draw. This program is designed for YOUNG lawyers. Aren't those the very people the ABA wants involved? Aren't those the people who will make sure that the ABA is around in 20 or 30 years? Aren't those the people who, especially in small firms, need the continuing education programs? Yet, one person can summarily dismiss an idea without even talking it through.

Hey, the ABA can do what they want. I just find it interesting that they are so quick to dismiss a new idea that is designed to help young lawyers. I think they are starting to change their attitude on young lawyers. They give lip service through YLD, but they don't want to put on substantive programs to help. Oh well. I think I will let my ABA membership lapse: I just see a lack of interest in the ABA continuing to provide services that benefit myself and my readers.

------Jonathan

What is your job?

I have seen this discussed lately. There are some consultants, coaches, etc... who tell you that you should do what you do best and only what you do best. Examples: the dentist should only look at your teeth, the pediatrician should only treat kids, the CPA should only do, wait, what do CPAs do? Just kidding. The CPA should only do books, audits and taxes.

I gotta tell you: I disagree. It is great to practice law and if I could spend all day just practicing law, it would be a blast. But, I think that is malpractice. Heck, it is probably an ethics violation. Why?

There are certain tasks that you have to get done or you will be disciplined. For example, screw up your trust account and it is your license on the line. Sure, you can hire a bookkeeper, but what if that person makes a mistake or intentionally takes your money? You have to pay the client's back. Oh, yes, you can sue your bookkeeper, but that may not do you any good. Another example: you hire someone to do your blog. That person makes a mistake and violates your state's rules on marketing or posts a guarantee of results. Again, it is your license on the line.

Sure, you can delegate. And delegating can be good. But, you sure as heck better know how to do these things so you can check up on these people. What if you don't know how to keep your records on your trust account and your bookkeeper is sick? What if you need to check up on what is happening with your marketing? Do you have these skills? I say that you should get them before you hire the professionals so you can properly evaluate their work. What do you say?

--------Jonathan