Dennis Kennedy

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March 01, 2006

Of Counsel Resources

A while back, I did some research on of counsel arrangements between law firms and lawyers. I didn't find a lot of resources, but I found a few and thought I'd post them here as a little starter research packet.

All roads seem to point to Harold Wren and Beverly Glascock's The Of Counsel Agreement, Third Edition : A Guide for Law Firm and Practitioner as the definitive work on the subject. It costs $89, so I concentrated on resources freely available on the internet. In most situations, however, the Wren and Glascock book will be a reasonable purchase (or worth a trip to a law school library).

Here's my starter list:

• Graham Chynoweth's Of Counsel: Meaning and Practice is a good, substantive review of Wren's book.
• Greg Suess and Richardson Lynn's The Of Counsel Role and its Implication for Law Firms is my favorite general article that covers most of the issues.
• McGuire Woods has a list of Legal Ethics Opinion Summaries involving Of Counsel Arrangements
• California Formal Ethics Opinion 1993-129 has a good discussion of the general ethical issues arising out of of counsel arrangements.
• Elizabeth Gorman's Moving Away from Up or Out is a thoughtful and comprehensive academic article that discusses of counsel arrangements.
• Willian Freivogel discusses ethical issues in some common of counsel arrangements here.
• Nancy Gormans' "The Of Counsel relationship" is a good overview introduction to the issues.
• Del O'Roark's If it Looks Like a Parrot . . . is another solid introduction to the topic.
• Virtual Law, Inc. tells the story of a Hawaii "virtual law firm" that uses of counsel arrangements and has no associaties.
• Thomas Sukowicz's Of Counsel Liability is a good, recent overview article on a wide variety of of counsel issues.
• The ALPS Risk Management Report - "Of Counsel" - At Least Two Different Points of View covers the issues from the view of a malpractice insurance carrier.
• Charles Slanina's "Of Counsel": Starting a sentence with a preposition can be a problem, too points out the unintended consequences of this type of arrangement.
• Peter Kennedy's Perilous Practice discusses disqualification issues in California.
• The Florida Bar's Of Counsel Information Packet is a 25-page set of helpful materials.
• The South Carolina Bar has a sample Of Counsel agreement.

This list should help you get started. I'll note that much of the materials dates from several years ago and do not explore the ways of counsel arrangements might be used in non-traditional ways.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

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Technorati tags: legal profession of counsel

Posted by dmk at 08:31 PM | Comments (0)

Another Law Blogger Goes the Solo Practice Route

Anthony "Biz Bang Buzz" Cerminaro makes his announcement that he is leaving his law firm to start a solo practice. Ernest "Ernie the Attorney" Svenson also made a similar announcement today.

I noticed that Tony made a passing reference to what has jokingly become known as "Kennedy's Law of Blogging" - that bloggers are highly likely to make a significant career change within about 18 months or so of starting a blog. It's my little take-off on Moore's Law.

I will note that these kinds of moves do not surprise me. Many law firms experience partner departures in the first few months of each year.

The trend that really strikes me, however, and one that should give many law firms some concern, is that it is the most tech-savvy lawyers in a firm that are often the ones who are leaving. These are often the lawyers who are the "de facto" technology committees and certainly the "go to" people on legal technology issues. They are also often the people who can work as the go-betweens between the IT department and lawyers and clients.

Departures of tech-savvy lawyers can have significant short-term and long-term consequences for law firms. This is a trend to watch. I find that most of the lawyers who know the most about technology are no longer with the firms they started with - they are now consultants, solo practitioners and doing other work related to technology. This "brain drain" from law firms bears some watching and some study.

In all events, congratulations and all best wishes to Ernest and Anthony on their new endeavors.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology Law2.0

Posted by dmk at 07:21 PM | Comments (0)

Ernie the (Solo) Attorney

In a story that is sweeping what some affectionately call the "blawgosphere," Ernest "Ernie the Attorney" Svenson has officially announced his departure from his former law firm and the opening of his solo law practice.

The respect and affection that law-related bloggers, especially the old-timers among us, have for Ernest is as real as can be. Ernest and Denise Howell were the inspiration for many of us to blog in the first place and set a standard of quality, generosity, good humor and inclusiveness that has helped create the unique niche that "blawgs" have in the world of blogging.

In fact, it is a sign of the respect that other bloggers have for Ernest that none of the people had been given the heads-up on this story posted about it until Ernest announced it himself.

So, Ernie, my friend, all best wishes on this next step in your journey. As a song lyric says, "the storm that rends also mends." As you continue your post-Katrina search to find your path, know that you have many friends who will be happy to lend a hand, in no small part for what you have done for us.

As Ernest says:

Dreams that seemed not so pressing before Katrina now seem to be more urgent. I've learned a lot from Katrina, as I'm sure many people have. One thing Katrina taught us is that massive change can arrive very quickly, and have unpredictable results. If uncontrolled massive change can come into your life then why not try to bring about a little purposeful change just to balance things out?

I'll note that, for now, Ernest has decided not to go with my advice that he open a string of "Ernie the Attorney" franchise law firms across the country. I'll also raise the question that I know that is on other peoples' minds - what might a law firm comprised of lawyer bloggers look like?

As my gift to Ernie on the start of his new firm, I am bequeathing to him the spot I have been inexplicably given on the new MyHQ Blawgroll in the category of "Blawgfathers" and a lifetime hotline to call me about technology and other issues.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Technorati tag: Law2.0

Posted by dmk at 09:06 AM | Comments (0)

January 12, 2006

Does Bernard Hibbitts Have a New Editor's Blog at JURIST?

I'm still not sure that my all question-and-answer format experiment is going to work (as the title of this post suggests), but I am sure that it's great news to see that another legal internet pioneer, Professor Bernard Hibbitts, has launched a new blog called the JURIST Editor's Blog over at the widely-praised JURIST legal resources website, which has long been one of the premier legal websites.

The Editor's Blog will highlight what's new on the site and share some views on legal news and resources. Professor Hibbitts tells me that the JURIST site, among others things, integrates seventeen separate blogs into their legal newstream so seamlessly that many people do not realize that it is, at heart, a blog.

The Editor's Blog has started out with coverage of the Alito hearings and links to useful resources about the hearings.

It's great to put a human face on the JURIST site and learn more about Professor Hibbitts' point of view on legal matters. I'll also note that he looks younger in his picture than I had imagined him to be. Check out the new Editor's Blog and its RSS feed. As they say, subcribed!

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 02:19 PM | Comments (0)

January 04, 2006

What Can American Movies Teach Us About Selling Professional Services?

Mike Schultz on RainToday.com has a entertaining and educational article (that's the best kind) called "Hidden Advice In American Film For Selling Professional Services" about the "secret messages" about selling professional services that can be found in famous movie quotes.

A few examples:

"Why don't you come up sometime and see me?"
#26, Mae West in She Done Him Wrong, 1933
Secret messages: Pay attention for buying signals.

"Show me the money!"
#25, Cuba Gooding, Jr. in Jerry Maguire, 1996
Secret message: Make sure your buyers are qualified. If they don't have a budget or can't find the cash, move on.

"Bond. James Bond."
#22, Sean Connery in Dr. No, 1962
Secret message: Make sure people know who you are.

A fun and informative article. I'm waiting on a sequel that tells us about lessons from quotes from foreign films.

I recommend subscribing to RainToday.com's free Rainmaker Report email newsletter - it always seems to have good articles.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Ask us about private LexThink retreats and conferences for your firm, business or organization.

Posted by dmk at 06:20 PM | Comments (0)

December 28, 2005

Looking for a Little Help Researching "Of Counsel" Arrangements

I'm working on a little research project, maybe it will turn into an article, on the practical aspects of "of counsel" arrangements between lawyers and law firms.

In part, my working hypothesis is that "virtual law firms" (I know that some of you don't like that term, but bear with me) will be founded on the evolution of "tried and true" legal relationships between lawyers rather than on some kind of new form of "affiliation" or other relationship model.

It seemed like a straightforward topic, until I started doing a little research and couldn't find much of anything.

Here's what I'm looking for some help on:

1. Collections of resources, outlines and articles on this topic (non-premium resources, to the extent possible). Send me the URLs.

2. If you are willing, sanitized copies of "of counsel" agreements so I can see what the standard approaches are.

3. Information, including anecdotal info, about financial and other arrangements and the successes and failures of this approach.

4. Discussion of ethical and practical issues.

I'll create a page of links to the best of the resources I find and post it here and/or on my website.

Thanks for your help.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Ask us about private LexThink retreats and conferences for your firm, business or organization.

Posted by dmk at 04:49 PM | Comments (1)

December 12, 2005

Yet Another Reason I'm a Big Fan of Law Librarian Blogs

Betsy McKenzie's post "Rex Libris - Librarian Regnant!" on the Out of the Jungle blog is a celebration of law libraries and law librarians, an enjoyable read and an invitation to read further into the excellent Out of the Jungle blog (and subscribe to its RSS feed).

The post starts out like this and is a pleasure to read (and I encourage you to do so):

"Here is what I think is important and timeless about libraries and librarians: we embody the culture and caring of our society, passed down over the ages. From the Great Library of Alexandria, where items on the shelves were scrolls and finding aids were lists and it was a huge technical leap to arrange things in alphabetical order -- through the medieval monasteries which kept learning alive in western Europe by hand copying Bibles and commentaries and classical manuscripts -- to today's libraries where we are in danger of forgetting our heritage and meaning."

I've long felt that the law librarian blawgs as a group represent some of the very best work in all of legal blogging. And, as I've asked before, will employers please give these librarians some nice raises and bonuses for their work in the blogging world?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Ask us about private LexThink retreats and conferences for your firm, business or organization.

Posted by dmk at 07:59 PM | Comments (1)

October 07, 2005

Pat Lamb on Alternative Fees

Pat Lamb packs a lot of wisdom into this short post about alternative fee arrangements and client service. But don't take my word - read the post.

The money quote:

"The real solution is abandoning hourly rates. But I realize most clients won’t just jump wholesale to this model. So my advice? Experiment. Send some of your work to firms that will do it on a modified fixed fee arrangement."

A bonus money quote for the post that led to Pat's post from the excellent Wired GC blog:

"How long can law firms continue to meet their challenges by raising rates and hourly targets?

The survey says: perhaps not much longer."

In the world of interesting coincidences, I had a long conversation today (before I read Pat's post) with Peter Jenkins of the very innovative Law Department Consortium and I noticed that Pat Lamb is a member of the Law Department Consortium's Advisory Board. That's a group worth watching.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 07:09 PM | Comments (0)

August 17, 2005

The Big Firm to Solo Practice Route Becomes Less Attractive?

I read a fascinating article today (couldn't find an online version to link to) about a survey that asked lawyers in big law firms whether they would leave their firms to start a solo practice if they were guaranteed sufficient capital to do so.

93% of the respondents said "NO" they would not do so, even with the necessary capital in hand. This number represents a significant increase from the surveys of the last two years.

Given the general sense that generation X is more entrepreneurial than the baby boom generation and the number of big firm lawyers who've complained to me over the years that lack of capital to start their own practice was the only thing keeping them at a big firm, I find the results quite surprising. I'm curious to see what others think of these results, even accepting that they probably are not scientifically valid results.

For those 7% who might want to make the jump, let me note the new 4th edition of the ABA Law Practice Management Section's Flying Solo book has just been published and it is a treasure trove of information for any lawyer in or planning to start a solo practice. Bill Gibson did a masterful job of editing the new edition. I was a co-editor of the Technology section and wrote three chapters. Check it out.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

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Posted by dmk at 10:38 PM | Comments (0)

August 01, 2005

Taking a Fresh Look at the AmLaw Second One Hundred

While you can quibble with some of the factors used in the AmLaw Top 100 and 200 rankings, some of the emphasis placed on the analysis and some of the conclusions that people draw about the rankings, the rankings and related statistical information are a great place to start to take a close look at the big firm end of the legal profession.

Vivia Chen's article, "Am Law 200: Success on a Smaller Scale," does a nice job of setting out this year's results.

In more ways than one, here's the money quote:

"Despite that cheery news, the reality is that the Second Hundred is still the poor cousin of The Am Law 100 -- firms 1 through 100 in our ranking -- and getting poorer by comparison."

I'm interested in the nuances revealed in the article. Although there are some allusions to innovation, there's not a lot of innovation discussed in the article. There is so much more innovation happening at smaller firms. In the Second 100, you see success through leverage (interestingly, in the example, the successful leverage comes through a heavy use of paralegals) and flat-fees (although, curiously, one firm representative backs away from crediting flat fees for improvements in profit).

The quote I found most intriguing in the article comes from Hughes Hubbard managing partner Candace Beinecke, who says, "I don't know what it means to be full-service anymore." The so-called "medium-sized" firms have been struggling with that notion for many years. The first step is admitting that the idea of being "full-service" may be the source of the biggest problems in a medium-sized firm. As a side note, in some states, advertising rules may prevent you from referring to your firm as a "full-service" firm.

How about a second money quote?

"There's a perception that commodity work is bad, but it's just structured differently," says Lisa Smith, a Washington, D.C.-based consultant with Hildebrandt International. "You don't need to do it in New York City with Harvard Law graduates."

There is little doubt that the 101 to 200 firms are in the toughest and most volatile part of the legal market. Lots of challenges,, but significant opportunities. These firms, their strategies and the changes and trends in this category are always worth studying. Not all of these firms will be around in one, two or five years from now, but watching to see what strategies the survivors choose to use will teach both smaller and some of the larger firms paths to consider and to avoid.

By the way, notice how little emphasis is placed on the use of technology in this article. There is a growing disconnect between the technologies clients want their firms to use and the willingness of law firms to invest in these technologies. My bet is still that the clients, in a few years, will start to win these battles on a regular basis.

For some of my most recent thinking about the use of technology in the practice of law and future trends, listen to the podcast I recently recorded with Microsoft's Randy Holloway.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world.

Posted by dmk at 06:04 PM | Comments (0)

July 21, 2005

The Sand and the Sea

I love the title Gerry Riskin chose for his recent post on law firm strategic planning - "38% of Law Firms are the Sand and their Clients are the Sea."

The post is great, too.

The money quote:

"Planning is about making choices about what you prefer to do. You earn the right to do those things by providing more valuable legal work that the right prospective clients can appreciate."

Otherwise, as Gerry says, "You just sit there like a grain of sand on the beach and your next work opportunity depends on the the nature of the next wave that rolls in."

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!™ - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world.

Posted by dmk at 08:46 PM | Comments (0)

June 15, 2005

Great Article on Improving Diversity in Law Firms

Virginia Grant at Altman Weil has written an article called "For Law Departments: Five Strategies to Help Your Outside Firms Increase Diversity (PDF file)" that will reward you greatly for the time you spend reading and thinking about it, and then acting upon its recommendations.

Diversity, like technology, is an area where clients definitely will begin to drive the actions of law firms, with increasingly less patience. Are you going to keep talking about these issues or are you going to do something about it?

The money quote:

"Law firms tend to give the same reason for why their diversity demographics are not at the level they would like: not enough qualified candidates, or an inability to attract minority candidates.
Corporate law departments should not continue to accept such excuses. Law departments must remind law firms that they are in the business of providing solutions and resolving difficult situations." (emphasis added)

Highly recommended, as is a subscription to Altman Weil's email newsletter called Altman Weil Direct.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 03:27 PM | Comments (0)

May 13, 2005

Discussing Legal Advertising Ethics

I kicked off a discussion about the current state of the ethics rules for legal advertising rules over on Between Lawyers. My initial remarks are discussed in a number of follow-up posts and comments. It all makes for a good discussion of these issues and I recommend the entire thread to you.

In the best and worst category, I'll note that the substantive comments made me think even harder about enabling comments on this blog, while a wavelet of comment spam made me wonder if enablng comments would really be a wise move.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 03:26 PM

May 04, 2005

Bizz Bang Buzz - Great Bizz Info

Anthony Cerminaro's blog Bizz Bang Buzz (feed) is a great example of a lawyer blog that consistently bring you great practical information. It's also a good model for a way you can use a blog to provide useful info that your clients and other lawyers will appreciate - guaranteeing that they will keep you in mind.

Recent postings for just one day included items on questionable employee interview questions, tips for managing a patent portfolio, a summary of business changes in the new bankruptcy act, the Sedona Guidelines for managing information and records, passion and business plan cover sheets. All of it was great. The title fits.

Highly recommended.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:10 PM

April 27, 2005

Why Lawyers and Legal Bloggers (Blawgers) Love Google

I couldn't help but notice how Ernie and Matt have been spending their time running Google searches about themselves and then applauding the wisdom of Google. I was a little surprised that they would resort to this type of posting, which was largely pioneered by me at times when I was desperate for material and seeking external validation for my efforts.

I really want to be impressed with Ernie's results and Matt's results, but, frankly, I'm not as impressed as they are (and who could be, really?). Here's why:

In the category that really matters to all legal bloggers, note that I, Dennis Kennedy, am the first result in a Google search today for "coolest legal blogger" and "coolest legal blog."

I'm also thrilled to have Google rank my blog as the #1 result for "best named legal blog."

Among other honors I now have in Google are being the first result for:

"best legal blogger"

"best legal blog"

"most famous legal blogger"

"legal blogger you most want to have a beer with"

"most important dennis kennedy in the world"

"leading legal thinker named dennis kennedy"

"legal blogger who should be paid a lot more money"

"best writer of the legal bloggers"

Oh, Google, you are making me blush.

My colleagues at Between Lawyers have also done well.

Congrats to Tom Mighell - "most admired blawger"

Denise Howell - "most respected blawger" and "best litigator of the legal bloggers." Denise is also the "happiest blawger."

Unfortunately, Google was not so kind to Marty Schwimmer who received only the "best marty schwimmer who authors the trademark blog" award, but I have no doubt he'll find a few others.

Other Google awards of note:

In a bit of a surprise, Jeff "LawTech Guru" Beard took the "most ironic blawger" award.

Evan Schaeffer walked away with the award for "best coffee mug given away by a legal blogger." I was shocked to defeat Evan in the category of "funniest legal blogger."

Of course, Google has a changing dynamic and can be, at times, a bit capricious in handing out favored search rankings. Your results may vary, depending upon (1) when you click any of the links in this post and (2) the efforts of others currently less favored by Google to optimize the favor with which Google treats them.

Not surprisingly, Google also found me as the first result on "most nonbillable hours today of legal bloggers." Back to work.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:56 AM

April 26, 2005

New Issue of Law Practice Today Available

I might be a little biased because I'm an editor, but another great the ABA Law Practice Management Section's webzine Law Practice Today has hit the Internet.

This month's theme is malpractice prevention and you'll be able to do a ton of malpractice prevention with the generous collection of features, columns and other material in this issue. Check out the new issue and look for the RSS feed and email subscription to make sure that you get notice of each new issue as early as possible.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 04:05 PM

April 19, 2005

Interesting Top 20 Legal Thinkers Research Project

As my long-time readers know, I tend to shy away from controversy on this blog.

I was struck today by the post “The Women of IP Law & Policy” on Copyfight.

I don’t have any free time to do this research project, but someone who does might compare the instances of overlap between the Copyfight list and the recent Top 20 Legal Thinkers list. I suspect that they might reach some interesting conclusions.

On what might be a related note, kudos to Lisa Stone, et al., for putting together the upcoming Blogher Conference.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:05 PM

April 17, 2005

Homann Not Named One of Top 20 Legal Thinkers

With considerably less fanfare than the original announcement of the poll, Legal Affairs, apparently an important magazine covering legal issues, has released its list of the top 20 U.S. legal thinkers, containing most of the usual suspects.

I'm disappointed to report that Matt Homann's valiant write-in candidacy was unsuccessful. You would think that his involvement in LexThink might have helped his candidacy.

As expected, the publication did not rectify the embarrassing omission of a category for practicing lawyers, presumably because they believe that practicing lawyers are not thinkers. Just kidding - I'm sure that they just forgot that we exist and no slight was intended. As the announcement says, "Our list lists to the right a bit, but it also interestingly betrays a presumably non-partisan bias among voters toward judges and academics over journalists and other commentators." Practicing lawyers must be included in "other commentators." I'm sure that's the case.

Congratulations to the winners - I'll let others run the stats on diversity, political leanings and the like.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 07:02 PM

April 13, 2005

Advice to Young Lawyers #28

Posts like “Advice to Young Lawyers #28” give Evan Schaeffer a lock on the title of funniest legal blogger. For those interested in discussing billable hours, this post is must reading. For those who ponder where “thinking like a lawyer” can take you, this post may give you a clue. For those who’d like to find time to read more blogs, Evan does the math. Highly recommended.

Hey, Evan, thanks for the coffee mug. But I really liked the post that prompted you to give me the mug. Would you autograph it for me so I can sell it for more money after you become a famous Hollywood screenwriter?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:31 PM

April 06, 2005

Multiple Takes on the Billable Hour Issue

Bruce MacEwen has posted Savvy Blawgers Query #2: The Future of the Billable Hour. It's thought-provoking reading on the much-debated value billing topic. This topic was the subject at one of the sessions at LexThink.

I gave what I thought was a short, pithy statement that argued, I thought, that inertial forces would keep lawyers from making the change to value billing on their own. Unfortunately, Bruce interpreted what I said almost in almost exactly the opposite way from what I meant.

I said:

"Answer: The future of the billable hours is in the hands of clients. Without client pressure, there is little reason to expect many lawyers or firms to change the current system on their own. Ultimately, however, there will be practical limits for how high rates can go and the number of hours lawyers can work. Until then, I expect alternative billing to remain in the realm of experiment, primarily used by innovative lawyers who will be criticized by some of their peers and praised by their clients. Here's a great experiment: ask lawyers whether they like to have repair, construction or any other services done on an hourly billing basis, without an estimate or cap. If lawyers don't like that approach for their services (and, believe me, they do not), what makes them think that their clients like it any better? Forces for change are building, but the pressure has to come from clients and, even then, change will be slow."

It was sentence #3 that caused the problem. What I meant was that, as a practical matter, there are practical limits to how high hourly rates and the number of hours can go. The market will set a cap on high hourly rates can go. Physical and mental exhaustion will set the limit on the number of hours you can work. When a lawyer's hourly rate hits the market cap, the lawyer (assuming the simplest scenario) will only be able to make more money in succeeding years by billing more hours.

The result of a focus on hourly billing is then a consistent push to raise hourly rates, to maximize the number of working hours and to have incentives to spend more hours on projects.

If, and I know that this is a radical proposition, we assume that lawyers would like to make a lot of money, then, as many critics of the billable hour have argued, they've chosen the worst way to do so.

Unfortunately, at the same time, they've also chosen a way that puts their incentives at odds with those of their clients.

Here's the example I like to give. When we moved to our house, we used a moving firm that estimated that the job would take 3.5 hours and quoted us a flat fee of $350. In fact, the movers were great and got the job done in about two hours. We were so pleased that I think we even tipped the guys. For our $350, we had a great, FAST, no-hassle move and felt we got our money's worth in value.

We recommended the movers to someone else. In a similar experience, they had a great experience and the move was done around an hour faster than the time estimate. They were livid that they had been cheated out of $100, even though they were completely pleased with the work the movers did.

Now the careful reader will have realized that almost everything in this post is a non sequitur. However, I have come this far and have vowed to pull all of this together and make a solid point.

My observation is that billing is largely based on inertia. Once you start down one path, it's difficult to change. As long as lawyers feel that there is still room for either rates or number of hours to increase, inertia will keep them in the hourly billing model. The force that will push them out of hourly billing must, therefore, be external, which means from clients, or perhaps from other innovative lawyers or other professional services providers.

Unfortunately, I wrote my comment in a way that Bruce interpreted: "as soon as it's not an optimal deal for firms, they'll turn to something else."

That's not what I meant. Value billing will almost invariably be an optimal deal for both lawyers and clients, so long as there is trust and agreement on value. Value billing requires more thought and a change in approach. Inertia will almost always win.

Ah, hell, it's easier to write about technology than this stuff. I'll leave this subject to Matt Homann.

I'll only note that the most telling evidence on this issue can be found by watching how hard lawyers will fight to avoid getting into an open-ended hourly billing arrangement with any other service provider.

I've always found Alan Weiss's "Ten Ways to Convince A Buyer That Value-Based Fees Are Best" to be a very useful way to think about these issues.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:57 PM

April 05, 2005

Evan Schaeffer on LexThink

Until I get the chance to do some posts on LexThink, you won't find a better post about LexThink than Evan Schaeffer's gentle and wistful essay about his inability to attend.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:29 PM

March 17, 2005

The Reverse Perfect Introduction

We hear and read a lot about perfecting our "30 second elevator pitches" so we can best explain to people we meet what it is that we actually do. You can take that idea a step further by getting people specific information about what types of businesses you would like them to refer to you.

John Jantsch at the Duct Tape Marketing blog calls that second technique the "perfect introduction" and then flips that idea on its head - a very useful technique I find myself using more often these days - and talks about the "reverse perfect introduction."

He says:

"To really get the most from this tool, send it out to a list of potential network resources (people who serve the same target market) and ask them to complete something just like it for themselves and send it back to you so you will be better prepared to refer them."

Isn't easier to make referrals to someone who is making referrals to you? How often do you miss the opportunity to send business to good referral sources because you simply don't know what business they are looking for?

[Originally post on Dennis Kennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:44 PM

Ernie the Attorney on Better Lawyer Pictures for Your Website and Publicity Purposes

I hadn't planned to spend the last few days posting about law firm website practices, but here I am.

Legal blogging pioneer Ernest "Ernie the Attorney" Svenson has written about another practice of law firms on their websites that has a pervasively negative impact on both their marketing efforts and the Internet itself.

I am speaking, of course, about the all-to-frequent practice of posting shockingly bad photographs of lawyers on websites.

There are an almost limitless number of ways firms make mistakes with photographs. Ernie's comments are right on target.

Suffice it to say, if your portrait on your firm's website looks like it came out of a surveillance camera as you were startled on a windy day, you might want to think about the message you are sending.

I can tell you from personal appearance that some firms have the guy who photographs accident scenes for their litigators drop by and snap a few headshots and then use those pictures for publicity and marketing purposes.

Ernie suggests a photographer to consider. Let me add a strong recommendation that you consider another excellent photographer who, by coincidence, happens to be married to my wife's sister. We call him Uncle Dan, but you can call him Dan Donovan. At Dan's website, you'll find a nice sampling of his photos, that showcase Dan's obvious skill, talent and, as someone who has seen tons of Dan's family pictures, artistry.

Several years ago, I had an article published in a magazine and they sent a photographer over to take some pictures of me for the article. I was disappointed with the picture they chose, but, hey, I had gotten an article published with my picture on it. I showed the article and picture to Dan and I could tell he was underwhelmed.

He called me the next day. He said that the picture had bothered him so much that he wanted to shot a set of pictures of me that I could use in the future and that he would use in his portfolio as he moved toward doing more corporate portraits.

I was so pleased with those pictures and with what Dan was able to create. My blog picture comes from a more recent session we did for another magazine spot.

You will not find anyone more professional to work with than Dan and by the end of the session, you'll have the feeling that you are working with an artist. That feeling will be confirmed when you see his pictures.

I've recently been to an awards event and seen a "one hundred faces of . . ." magazine cover where I was shocked by the pictures that people allowed to be used in these places.

Having a publicity picture that you like and you get compliments on is great thing that almost cannot be appreciated until you experience it.

Here's your assignment for today:

Take a look at your photo on your website and your standard publicity photo.

Take a look at the pictures Ernie points you to and at Dan Donovan's portfolio shots (by the way, it is OK for lawyers to have color pictures, so don't just look at Dan's black-and-white portfolios).

Take another look at your current photo.

If you are a managing partner or a marketing director of a firm, repeat the process for the rest of the pictures on your website.

Let your feelings percolate.

You'll know what you need to do. Now you have a couple of choices about what to do. If you contact Dan, tell him I sent you.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 07:32 PM

March 16, 2005

In Case You Didn't Appreciate How Difficult Ethical Rules (and the Would-be Interpretations of Them) Make it for Lawyers to Use the Internet Like Normal Human Beings

Legal Internet guru Jerry Lawson points to an article called Thwarting Ethical Violations With Web Site Disclaimers by law professor Walter Effross.

I had a bit of a sense of deja vu because, although Jerry doesn't mention this, he, Brenda Howard and I wrote an article that covered some of the same territory a few years ago. Interestingly, and this is a rare occurrence, I still have the same disagreements with Jerry on a few points that I had in that article.

So, I find myself in the unusual situation where I will be quoting the same language from Professor Effross's article as Jerry does, but drawing a quite different conclusion.

The topic is email, in particular the practice of law firms of actually allowing visitors to their websites to send email to lawyers from the website. Just to be clear, we are talking about the use of email links on websites, a practice used by roughly 100% of websites that expect any kind of interaction with customers.

Here's the money quote and the text for our lesson today:

"In this context, it might be an ethically questionable practice to allow visitors to e-mail the firm’s attorneys directly through an e-mail link featured on the site (for instance, on an attorney’s individual page) without interposing a click-wrap box that contains such warnings as those above, and requiring the visitor to click “I agree” before actually composing and sending the e-mail. The box could also specify the jurisdictions in which the attorney in question is licensed to practice, and could state that visitors from other jurisdictions should not contact that attorney for representation. One firm states in such a click-wrap box, “Our policy is not to return e-mail regarding a specific legal matter from anyone who has not already engaged the firm.”

Even if such click-wrap boxes appear when a visitor attempts to send e-mail to an attorney through the site, the site should not display the attorney’s e-mail address, since a visitor could merely write it down or cut and paste it into the address line of an e-mail form generated by the visitor’s own e-mail program, and thereby avoid the warnings entirely."

I'll note that these paragraphs are written without any sense of irony and without any suggestion that making phone numbers available in phone books MIGHT BE EVEN MORE DANGEROUS, especially since we cannot yet interpose a clickwrap agreement on phone calls. Giving out a mailing address would, of course, raise the same concerns about regular mail, especially since a firm could not paste disclaimers on all mail boxes.

I point out these paragraphs not to be critical of Professor Effross, even though I disagree with him on these particular points, but to illustrate the types of things a lawyer who wants to use the Internet in any kind of normal way routinely faces because of interpretations and commentary on the current ethical rules and the lack of guidance out there.

The concern about these kinds of emails is grounded in legitimate concerns about whether an attorney-client relationship can be initiated through the sending of an unsolicitated email, confidentiality and related issues, and Professor Effross does a great job of summarizing those issues in a way that those who are not lawyers can understand and appreciate.

However, there is a difference between reasonable approaches to dealing with these concerns and the point of view out there that seems to require that lawyers place walls, moats and barriers between themselves and the public or else risk violating ethical rules.

But that's not really my point in this post. With a few exceptions, at least in my opinion, Professor Effross's article is an excellent summary and analysis of the mind-numbing number of issues lawyers who have websites have to deal with and address, almost all of which run contrary to any normal notion of usability of a website in the eyes of normal humans.

I encourage everyone, lawyer or not, to read the article and see the restrictions and recommendations. Count up the number of disclaimers that may be required and what all a lawyer might be expected to disclaim. Look at at the hurdles a lawyer might well be expected to jump over. Substitute phone calls or even meeting someone on the street for email and consider what the implications would be if the same rules applied in those situations (arguably they do) and the fiction that "email is different" no longer is accepted as a basic assumption.

Here's my favorite passage that illustrates the lengths some law firms go, and some commentators seriously expect lawyers to go, with respect to the simple act of placing articles on a website:

"In addition, a number of terms-and-conditions pages indicate that the material on the corresponding sites is provided “as is,” and is not necessarily accurate, complete, or updated. Firms have also disclaimed both express and implied warranties for the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. (One firm even extends this disclaimer to the biographical and bar admittance information about its lawyers.)

It would certainly be more effective not to confine such warnings to the terms-and-conditions pages, but instead to repeat them on each page of the site that links to such articles, or to install a click-wrap screen that pops up when the visitor clicks on such links. The disclaimers could also be embedded conspicuously in the pages containing the articles themselves, since these pages might be cut and pasted into a computer file, saved in their entirety as computer files, printed out, or bookmarked on the visitor’s Internet browser. The visitor might also e-mail to a colleague the web address of that particular page, allowing the colleague to reach the page directly without passing through a click-wrap screen.

In addition, a firm could add to each web page containing an article or flyer the date when the document first appeared, as well as an indication of whether and when the version on this site has been updated. Warnings that this information is not offered as legal advice and that it may not reflect the current state of the law could also appear on each of these pages.

If a site indicates a date on which it was last updated, care should be taken to warn visitors that not every page in the site was updated at that time. Perhaps separate update notices could be put on each time-sensitive page.

Firms might also consider adding to each of these pages, instead of relegating to the terms-and-conditions page, the statement that views, perspectives, or conclusions espoused in articles, speeches, or client alerts featured on the site do not necessarily reflect the views of the firm or of any of its lawyers or clients."

Well, who else's views might they reflect?

I'd love to see Jakob Nielsen analyze the usability of websites that adopt all of the practices set out in this article.

I've had a website for nearly ten years and I swear to you that the guidelines and rules for lawyers with websites are less clear now than they were even ten years ago when all of this was new.

As I have long said, if I ever leave the practice of law, I'll point to issues like these as a big part of what drove me out.

By the way, I have not yet heard whether the proposed legal marketing rule changes in Missouri, which arguably prevent lawyers from using email in any meaningful way to communicate with non-clients, have been enacted or not.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:07 PM

March 15, 2005

By Request Tuesday – Will Evan Schaefer Ever Be Able to Work at a Big Law Firm Again?

Many people do not know that Evan "Notes from the (Legal) Underground" Schaeffer and I both live in St. Louis and once worked, although at different times, for big law firms.

The difference between us is that, after Evan's post on the practice of some big law firms of "scrubbing" their websites of the biographies and contact information of associates, I at least have some chance of being able to work at a big law firm again, while Evan might have blown his last chance. Not that Evan really cares about that.

You see, Evan returned home fresh from a vacation in Prague and was hit with the disturbing story of the "associate scrubbing" practices that gained so much attention lately. His take on the topic, which illustrates why I've long said that Evan is the legal blogger most likely to end up writing for television or movies in the near future, is an instant classic, even though some might think that he "pushes the envelope" in his tale of the future of these types of practices.

I, for one, think that his description of law firms continuing to make dead associates meet a 2,400 minimum billable hours requirement is way over the top and quite unfair. At most, law firms would only make a deceased associate's estate pay the fines for not turning in time sheets in a timely fashion.

I'd also like to thank Evan for again leading the way in showing that lawyers can use the "f-word" in their blogs. I can’t remember if Evan was the first (there have been several instances over the years), but I'm grateful to Evan and the others that have shown that it can be done.

I'm still too uptight to go in that direction (or maybe I haven’t found the right opportunity yet). Heck, the farthest I'm willing to go is to link to Mark Pilgrims's classic quote on the difference between personal and corporate blogs.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 11:55 PM

March 11, 2005

ABA TECHSHOW Welcomes Law Student Attendees

I had some feedback on my recent post, "Should I Go to ABA TECHSHOW?" and thought I'd follow-up on a couple of things over the next few days.

As the recent National Law Journal article on law firms that scrub their websites of any traces of their associates suggests, young lawyers really need to take an active role in learning about what to expect in their early careers and how to take steps to prepare to land on their feet if they start out in what turns out to be a bad situation.

There's no time like the present to get started if you are currently in law school.

One of the areas that law schools will not prepare you for is legal technology and the role technology will play in your practice.

You can get a good look at what is available and learn from lawyers who actually use technology by coming to ABA TECHSHOW.

The concern, as always, is yeah, but won't it cost me a lot of money?

It won't, especially if you are already in the Chicago area.

I see two great options for law students.

1. Take advantage of the special $145 registration fee for law students. In addition to letting you attending the education sessions, tour the exhibit hall and general have the run of the show, you get a couple of lunches, and, with a strategic approach to locating continental breakfasts and receptions, you can probably cover your meal expenses as well.

2. Take advantage of the free exhibit hall pass. You won't get to go to any education sessions, but you can spend some time on the exhibit floor and learn about the technologies now available to lawyers. Drop on by for a day or for an afternoon.

For more info and the online registration form, head on over to http://www.techshow.com.

I encourage law students to make ABA TECHSHOW part of your studies this semester and look forward to seeing more students than ever this year.

Some of the things I see and hear about law firms doing to new lawyers embarrass me. I'd like to do a little bit to help put things right with law students. I want to make it clear that law students are welcome to attend ABA TECHSHOW and I encourage you to attend. If you see me, please introduce yourself and I'll try (I can't make promises, but I'll really try) to make some time to chat with you at least briefly about technology, blogging and the legal profession.

I also want to alert law students and new lawyers that the March issue of the Law Practice Today webzine is a theme issue focusing on issues facing young lawyers. It should be posted on the website in the very near future. Our approach is a welcoming one - not one in which we suggest that young lawyers should be hidden away from the public.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)].

Posted by dmk at 10:31 AM

March 10, 2005

Oh, Now I Understand Why Associates at Large Law Firms Blog Anonymously

There have already been a number of posts (Bruce MacEwen is especially good) reacting to Leigh Jones' shocking article called "Want to Poach Associates? Good Luck" in the National Law Journal, which reports on the trend of law firms scrubbing their websites of any biographical or other information about their associates. However, I find the behaviors discussed in this article so disturbing that I'll add my own thoughts.

I'm stunned by the lengths some law firms are going to make it impossible to contact associates or find out anything about them or what they do.

Hello, anyone ever think that your clients might want to call or email an associate working on a project for them and want to use your website to get the info?

I can't even imagine a more short-sighted practice, with negative consequences at countless levels. And, of course, a practice that guarantees that their best associates will be leaving.

You treat people like anonymous cogs in a machine and theb you wonder why they aren't "loyal" enough to the firm? Even better, will these firms deny associates promotion to partnership because they aren't bringing in enough business?

The best part is that this "tactic" should have no impact whatsoever on keeping a good headhunter from getting to the associates.

No wonder the law firm associate bloggers I hear from go to great lengths to stay anonymous.

I just shake my head in disbelief at this kind of stuff. I'm wondering how cool it is to tell your parents and friends that you have a job at a leading law firm and they can't even find any trace of you on the firm's website?

The phrase running through my mind: "climate of fear."

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:24 PM

March 09, 2005

The Most Important Post I Read Today - From the Mouths of Flacks

Blawg guru Denise Howell posts such consistently good material that you can start to take Bag and Baggage for granted. It's time again to give her some props. She's been in the zone lately with a long string of great posts.

Her recent post From the Mouths of Flacks is one of those not-to-be-missed gems that all lawyers will want to spend some time thinking about carefully.

Here's my take on the post, but don't rely on my interpretation - read Denise's words.

The world of blogging (or Internet or other tech-affected areas) moves on at a rapid pace raising all kinds of legal and quasi-legal issues.

Lawyers, with a few exceptions, pretend that none of this is happening or that none of this really matters that much. Lawyers barely observe what is happening, let alone participate in blogging or the legal questions it raises.

In the meantime, some very smart people with great instincts and solid philosophical and practical approaches discuss and work together first to help others navigate this new world of legal issues and then to try to set some reasonable ground rules so bloggers (or others) can operate, evolve and advance this new world.

At some later point, lawyers take notice and, often disregarding the guidelines and standards developed by the culture, jump in to reassert their traditional role of setting legal guidelines and standards. Strains and difficulties ensue and the antipathies toward lawyerdom increase.

Denise's post sounds a strong wake-up call for lawyers to participate in the discussion from the inception, especially because it affords lawyers the chance to work with the people who are making things happen.

She also notes that some bloggers in the field of PR and marketing, as one example, have had to move into the vacuum created by the absence of lawyer involvement and (I definitely agree with this assessment) are both offering solid, informed advice and taking the initiative on discussing these issues.

Here's where Denise sets the pace for lawyers: She's putting together an audio program (a/k/a podcast or "plawdcast") for IT Converstations on the hot Google "AutoLink" issue that combines both leading bloggers, in this case, Cory Doctorow and Robert Scoble, and leading lawyer bloggers, in this case the brilliant Marty "The Trademark Blog" Schwimmer. This audio session will be a must-listen and offers a good example of the types of efforts lawyers should be making.

BTW, don't neglect any of the great PR/Marketing blogs Denise links to in her post. Many, and now all, of them are regular reads for me and I highly recommend them too. In fact, I have a folder in FeedDemon just for Marketing and PR RSS feeds). There are a lot of great blogs in that category.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:05 PM

March 03, 2005

Reid Trautz Sets My Agenda for Today

One of the great things about subscribing to RSS feeds is that all kinds of great ideas show up in your newsreader every day from experts in their fields. For free.

Law practice management expert Reid Trautz (and a speaker at the upcoming TECHSHOW 2005) provided me with another great example the other day. His post called "Files That Talk" is both a subtle reminder and a call for action. It is essential reading and it certainly hit home at the Dennis Kennedy Law Firm. We're carving out some time today to implement Reid's suggestions.

The money quote:

"Here is my proposed standard for office appearance: My clients can visit at any time without the condition of my office embarrassing me or causing the client to silently question my effectiveness and efficiency."

Think about it.

Reid goes on to say:

"Meeting with clients in a conference room is, at best, a temporary solution to a messy office. Quite frankly, it’s a cop-out. The same goes for shoving documents in the file with the best intentions of neatly organizing it later—it only gets attention if the matter goes to trial or a hearing. In the meantime, clients and others are watching the mess grow.

Taking time to frequently organize your files and offices will provide your clients with a positive picture to take with them during and after the representation.

Not a sermon, just a thought."

In this case, the thought is more powerful than a sermon.

Think about it. Then think about it again.

[Originally posted on DennisKenedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 09:25 AM

February 22, 2005

By Request Tuesday – What's Your Take on All These Big Law Firm Mergers?

This question is sometimes asked in this way: Will medium-sized firms disappear?

Bruce "Adam Smith, Esq." MacEwen posted an important analysis of this issue a while back. I like Bruce's analysis but I'm not as positive about the megamergers.

What's my take when I read about the stream of mergers of large law firms?

Excuse my language, but I don't have an effing clue what's going on in the case of most of the ones I've read about.

Most of them seem like there's been a failure of imagination and some sense that getting bigger is the best route to take because it's better to do something than do nothing.

I'd expect to see enormous levels of lawyer attrition, IT integration headaches and puzzlement on the part of clients.

Here's one example of my take on the subject. I understand "cherry-picking." I understand going out and getting superstars to staff areas where you plan strategic growth or where clients need additional services. However, why would you pick up an entire firm to fill those needs? You are begging for attrition on both sides of the merger, and likely to lose plenty of people that you'd like to keep.

Integrating two large firms, in terms of people, systems, IT and everything else, is likely to be a long, involved process that will inevitably take most the eyes of most lawyers and staff off the ball for a significant time.

I'm a big fan of Tom Peters and his approach informs my own. Read some of Peters' comments on recent business mergers and his negative responses to some of them. I simply don't see the business case in most of the stories I see about large law firm mergers. I've never felt that combining two struggling organizations gives you any guarantee that you'll end up with one combined, successful organization.

So, I don't even pretend to understand this trend. I'd put my money on leaner, faster, client-focused firms, boutique firms and creative affiliations like consortia and even the so-called "virtual" law firms.

Just my opinion. FWIW.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:09 PM

February 18, 2005

The Law Professor Blog Tour Continues – Today We Visit TaxProf Blog

I've gotten a good number of private emails in the last few days - unfortunately, none of them from law professors - from my recent, and increasingly desperate, attempts to attract the attention of the law professor bloggers and to prove that the current divide between law professors and practicing lawyers is not as absolute as it may seem and that, in fact, my outreach efforts can help bridge the chasm.

The emails are from practicing lawyers lamenting the split between academia and the practice and generally telling the story of one perceived slight or another. It's kind of sad.

Other emails are of the nudge-nudge, wink-wink variety and suggest that I really do know and have conversations with many of the law professor bloggers and that the Law Professor Blog Tour is, in fact, an elaborate joke. If only that were true.

I will admit that I have at various times over the years met a few of the law professor bloggers or been on the same email lists with them, including a short conversation with the captain of the A-List law professor blogging team, Larry Lessig. (Does anyone think that Professor Lessig's occasional struggles with relatively straightforward technology issues (see comments to this post for a few of many alternatives) undercut his credibility on technology law issues?)

But, I digress.

On the tour today, we visit Paul Caron's unfailingly excellent TaxProf Blog. I must confess to having been a tax lawyer for more than ten years of my legal career, so I may find more appeal in this blog than others do. But it is getting to be tax season.

Caron's blog is the model I would point any law professor considering a blog to study as part of the preparation for launching his or her own blog. It's informative, it's interesting and it has a great mix of academic materials and popular materials, along with links to great resources. Again, I'm not sure Professor Caron has tenure (he definitely should), so I hope I'm not blowing his chances by making favorable comments about his blog.

Interestingly, Caron has a recent post on the issue of the taxability of money received via "tip jars" on blogs. He sums up the issue and the relevant case law nicely and it's a very good introductory discussion of the legal issues.

However, I'm not really persuaded by the arguments or the academic analysis that urges that these "tips" are not income for tax purposes. They might not be, but the case law analysis gives me little comfort.

My approach is both more practical and more simple. It goes like this:

1. Does Amazon send you a 1099 or other IRS form reporting the tips as income? I admire the courage of anyone who files a return using different numbers (or not including numbers) reported to the IRS.

2. It's called a "tip" jar, not a "gift" jar.

3. Waiters, waitresses and others have onerous requirements and procedures for reporting tips. Not to make class arguments, but should professor bloggers soliciting tips by tip jars be treated any differently? Why? If I like a waiter's service and tip 20%, is he entitled to treat the amount over the standard 15% tip as a "gift"? I don't think so.

4. Bloggers with tip jars actively solicit funds and the language used by bloggers when telling their audiences about "tip jars" almost invariably refers to helping the bloggers "monetize" their blogs or cover costs.

5. In my experience, the IRS will not roll over an play dead when you cite a law review article or two in support of your decision not to report income or take an aggressive stand on a tax issue. Hoewever, you might get lucky and find an agent who is so inclined.

As I've always said, I'm the practical kind, especially on tax issues, but I'm always interested in learning good ways to save money on taxes. If I used a "tip jar," I'd be reporting the income. Of course, the tax on the extra $5 of tip money I'd be fortunate to get is not all that big a deal.

The TaxProf Blog – highly recommended, even for people who are not tax lawyers.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:26 AM

February 17, 2005

The Law Professor Blog Tour Continues - The Yin Blog

I suddenly realized that there might be a chance that the law professor blogs might actually notice my blog before I got the chance to mention all of my favorite law professor blogs, so I decided to accelerate my pace a bit.

I wanted to be sure that I mentioned my absolute favorite law professor blog - The Yin Blog. I'm not sure that either Tung Yin or his co-blogger, Kevin J. Heller, have tenure yet, so I'm hoping that my favorable mention of their blog doesn't hurt their chances for getting tenure. My apologies in advance.

I don't think that I can give a higher compliment than to say that here are law professors that you actually would want to sit down and have a beer with. Although they (in fairness, that's Kevin's gig on the blog) can get a little too political for my taste (about one political post a month usually does it for me), they cover a lot of topics with great style and a sense of humor (Oops, now that may have cost them tenure).

Not to cause dissension among the co-bloggers, but the blog is named after Tung Yin and he's clearly the star. I'm so impressed that I'm now telling prospective law students that they need to consider going to law school at Iowa, and I've added Iowa to my mental list of top 20 law schools. It's the power of blogging at work.

Tung and I share some common interests in science fiction and TV. This post on spy TV shows is brilliant and my views are quite similar. Hmm, maybe that's the reason I think the post is brilliant. I'm assuming that his silence on the new season of MI-5 reflects my silence because of the unspeakably horrifying plot directions that have all-but-gutted the show we knew, and from which there is almost no chance of recovery.

So, I give you The Yin Blog, a truly great law professor blog, no joking around.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/).]

Posted by dmk at 09:13 AM

February 15, 2005

Are Posts About Group Blogs as Partnerships Ads in Feeds?

As part of my ongoing commitment to reach out to law professor blogs, I highlight another of the law professor blogs I read regularly - Stephen Bainbridge's excellent ProfessorBainbridge.com, which covers coporate law and a multitude of other topics.

Professor Bainbridge may have given us the first clear example of the use of an ad in an RSS feed with his post called Are Group Blogs Partnerships?

This ad for his book on corporate law is a good model of the tasteful informercial approach to advertising in RSS feeds that bloggers might adopt successfully. It avoids pop-ups, animations and other intrusive ad techniques. I, for one, got most of the way through the ad before I even realized that it was an ad for the book - a tribute to the professor's writing skills.

For those, especially those in academia, fundamentally opposed to ads in feeds, I recommend this ad as a good example to study for a model of the types of tasteful and informative ways bloggers can use ads in RSS feeds as a way to monetize blogs.

I have two specific comments about this use of an ad in a feed:

1. Professor Bainbridge neglects a simple addition to the hyperlink to his book that will increase the commission he will receive on purchases through the Amazon Associates program. I'd be happy to share this technique with him.

2. Does this use of advertising undercut the credibility of Professor Bainbridge's analysis of the legal issues that he discusses in the text of the article? For me, it does not, in part because his analysis is well-reasoned and I'm sure would be echoed by other professors and commentators. However, others might disagree.

This use of advertising in RSS feeds gives us food for thought and an excellent example of a real-world use that can be discussed as part of the "ads in feeds" debate.

As he concludes in his ad, er, post, go buy his book (but preferably from my Amazon Associates link).

Note: The ad appears to be working - only four copies of the book were in stock at Amazon.com when I published this post.

[This post originally appeared on DennisKennedy.Blog (http://www.denniskennedy.com/blog/.]

Posted by dmk at 09:28 AM

February 14, 2005

Susan Crawford Praises Amateurism in the Blogging Context

One of the law professor blogs I enjoy reading is Susan Crawford's blog, which I highly recommend.

Sometimes, as I've commented before, you can read the law professor blogs and get the feeling that practicing lawyer blogs don't even exist. I figure that it's all a process of education and it's always good to extend the olive branch (or maybe wave it wildly so the profs notice it) to those in the ivory towers of academe.

Susan penned a Valentine's euology of sorts for Benjamin Franklin and a mini-ode to amateurism today that very much captures the feeling of energy and potential that I feel in the blogosphere these days.

Unfortunately, at the same time, her post reminded me of the disconnect those of us in the practice feel when we think of our brothers and sisters in academia. The professors praise the amateur ideals of blogging, while those of us outside the walls of academia think of ways to turn pro with our blogs and earn a few dollars for our time and efforts in blogging. The irony, of course, is that we often talk about becoming a professor as one way of turning pro while some professors (and I don't consider Susan in this group) see themselves as the Platonic ideals of amateurism. Go figure.

It's no wonder that (1) the Matt Homann for Top 20 Legal Thinker write-in campaign has drawn such interest and (2) you don't see my name on the list of Top 20 Legal Thinker nominees - I don't seem to be capable of making these "fine distinctions." I'm the practical kind.

Posted by dmk at 09:20 PM

February 13, 2005

You'll Want to Be Sure to Read This New Blawg from Reid Trautz

A good number of legal bloggers have been twisting the arm of the DC Bar's Reid Trautz to start a blog. Our efforts have paid off with the debut of the cleverly-named Reid My Blog!

Like Jim Calloway, Reid is a well-liked and well-respected authority on a variety of law practice management topics and his regular insights will be a welcome addition to the blogosphere. Reid is an excellent speaker and a frequent author who widelyknown for providing great, practical information.

The debut of Reid's blog ramps up the pressure on a number of other highly-regarded law practice management experts who are very close to launching blogs. Watch for new developments in this area. I'm seeing seeing the faint outlines of the initials "DP" in my crystal ball.

Welcome aboard, Reid.

Subscribed!

Posted by dmk at 09:58 PM

February 11, 2005

Colorado Law Firms Have Great Opportunity to Hire Well-known Young Legal Blogger

From the Math Class for Poets blog:

Tim Hadley, the author of the well-known legal blog, Math Class for Poets, posts about his availability, experience and credentials as he begins his hunt for a new legal position. It's rare that a young blogger with Tim's history (blogging since mid-2003) and stature becomes available on the job market. Law firms in the Denver area, especially any law firm contemplating launching blogs in the future, have the chance to pick up a gem.

Check out Tim's post and, even you you aren't in a position to interview Tim, let's see if we can help him out in his search.

[Originally posted by Dennis Kennedy on DennisKennedy.Blog (http://www.denniskennedy.com/blog/).]

Posted by dmk at 04:47 PM

January 26, 2005

A Conversation with Ernie the Attorney

If you know me, you know that I have a bunch of nicknames for the lawyer bloggers. Ernest "Ernie the Attorney" Svenson has long been "the coolest blawgger." The new interview of Ernest on JD Bliss will help you understand why I think this nickname is appropriate. I also like to say that Ernest is even cooler in person than he is on his blog - no small feat. After you read this interview, you'll understand why I gave Ernest one of my "lifetime achivement" Blawggies for 2004.

Ernest is the legal blogger who most inspired my entry into blogging and gave me the model for the approach that I have taken. I'm such a pure fan of bloggers and blogging that I still remember how thrilled I was the first time I got an email from "Ernie the Attorney." I told him that and he told me that he was thrilled the first time he got an email from "Dennis Kennedy." It was a good laugh.

Reading the interview made me wish that we had more chances to talk. Ernest and I stayed up until 4:00 AM talking in the lobby of the Sheraton Hotel at TECHSHOW last year - the first time we met. He then introduced me to one of his favorite haunts in New Orleans a few months later. We'll get the chance to catch up at TECHSHOW and LexThink!, if not sooner.

I'm noticing that more and more of my phone calls and emails are to and from other bloggers. I also hear the term "community" used more often by bloggers. One of the reasons there is a sense of community is the generosity, creativity and good hearts of the early legal bloggers like "Ernie the Attorney."

People often ask me what I've gotten from all the work I've put into my blog, usually in the sense of "what is the ROI?" I'll always duck the financial aspect of that question, but the real reward is in the new friends I have made. I simply cannot put a value on friendships like the ones I now have with the Blawg Channel core group, Denise, Ernest, Marty and Tom, and the other bloggers I now have as friends - almost too many to list, especially without leaving out someone.

There's a tendency for those who are new to blogging to look mainly at the marketing and other possibilities of blogging, which are very real, without appreciating the way that blogging allows you to connect and create communities of interest. I sometimes get criticized for not pursuing the commercial potential of my blog and my blogging as much as others think I should, but I've always placed a very high value on friendships and blogging is an amazing friendship-building tool.

So, read the interview with Ernest. Take some time to think about his wise thoughts and resolve to explore the ways that your blog can help you build friendships. To me, blawgspace is still a generous place, in no small part due to the efforts of people like Ernest.

I highly recommend the JD Bliss site. Josh Fruchter is doing great work with this project. For those of you who haven't already gotten enough of my story, there's an interview with me on JD Bliss that covers some of the important directions I've taken in my career.

Posted by dmk at 10:46 PM

January 20, 2005

Homann, Kennedy Law Firms to Pioneer Combined Annual Retreat Concept

I'm pleased to announce that Matt "the [non]billable hour" Homann and I have agreed to hold a combined annual retreat for both firms this year. It will take place this weekend when Matt and I drive to Chicago together to do some prep work for the LexThink! Chicago conference and attend the Chicago BlogWalk. The deal to combine our law firm annual retreats came together when we were able to land two of the best law firm retreat speakers currently available, Dennis Kennedy and Matt Homann.

Regular readers of this blog will recall that last summer I pioneered the annual retreat by blog format. As a follow-up, I can report that last summer with had a superb speaker, had lots of ideas and made some great plans, but, as is common, did not execute the plans after the retreat as well as we hoped. By combining the efforts of two firms, we hope to improve both our ideas and our execution. Plus, Matt and I were going to be riding together on the four-hour drive to Chicago and hanging out for the weekend anyway.

Although I prefer to keep the focus on retreat business, Matt may issue an open invitation for bloggers in the Chicago area to meet us in our hotel lobby.

I'm such a fan of blogging that I can't wait to meet some of my blogging heroes at the Chicago BlogWalk, including the great Jack "Knowledge Jolt with Jack" Vinson, who convinced me to move to full-text feeds.

There have been some discussions of broadcasting the retreat sessions as a webinar or podcast, but we haven't been able to guarantee broadband coverage all the way from Highland, Illinois to Chicago. We have not ruled out an audio program based on the retreat.

By the way, the response to LexThink! Chicago truly overwhelmed us and delayed us in getting invitations out, but we have vowed to get the invitations out before we get on the road to Chicago.

Posted by dmk at 11:54 AM

January 03, 2005

Jim Calloway's Blog Goes Live!

I learned today that Jim Calloway's Law Practice Tips blog has made its official debut. What a great way to launch the year of 2005 in legal blogging.

As you may know, Jim, among other things, is the chair of ABA TECHSHOW 2005, the practice management advisor for the Oklahoma Bar and one of the best-hearted people you'll ever find. I'm pleased that he mentioned his excellent article, "Technology, Stress and the Lawyer's Quality of Life," in one of his early posts. It's one of my favorite articles on legal technology and I recommend it highly. It'll give you some inspiration to start the new year.

I just happen to know that Jim has been thinking about starting this blog for a while now and I'm so pleased to see that his ideas have come into reality. This blog will definitely be one to watch. Welcome to the blogosphere, Jim.

For the rest of you who are thinking about blogging or made a resolution to start a blog this year, come on in, the water's fine.

Posted by dmk at 10:13 AM

December 28, 2004

New Issue of Law Practice Today Posted - The Future of the Practice of Law

The new issue of the ABA Law Practice Management Section's webzine, Law Practice Today is out, with a theme of the future of the practice of law.

There's a great roundtable article (I'm pretty sure I guessed who the mystery panelist is), other related articles and the usual excellent collection of columns and core section articles. I've written a short column about good Internet resources on the future of the practice, which notes how vibrant and lively the blog world is in comparison with the world of standard websites, especially on topics like this one.

Recommended reading as you consider what directions to go in 2005 and beyond.

Posted by dmk at 11:33 PM

December 21, 2004

Announcing LexThink! Chicago

What do you get when you bring together a select group of innovative, big-thinking people from the worlds of law, business, technology, marketing, and consulting for a full day and ask them to design the perfect professional service firm?

We call it LexThink! Chicago.

Innovate. On April 3, 2005, we will turn the Catalyst Ranch space in downtown Chicago into laboratory space for a group of innovators and thought leaders. We'll create and test ideas for transforming the delivery of professional services, to better match the needs of professionals and their clients alike. With a full day of targeted presentations, small group discussions, collaborative brainstorming and other exercises, we will will mix innovative business practices with proven client service strategies and promising technology applications to create the formula for the perfect professional services firm. The focus of every conversation will be on turning talk into action, and bold ideas into realities.

Motivate. Attendees will take away dozens of practice-changing ideas while making many new friends. LexThink! Chicago will be a chance to meet in person bloggers, authors and speakers that have motivated and challenged us over the years. Spending a day with this group will generate renewed energy and enthusiasm and give you a new action list for making the changes you want in your practice, your business and your life.

Activate. In too many cases, the surge of enthusiasm from an inspirational conference drains away steadily as you return to the real world. LexThink! Chicago is designed to create extended relationships, with opportunities for structured feedback and continuing discussions, social support, and ongoing motivation to transform your practice. The collaborative experience will continue with ongoing discussion groups, monthly conference calls and other ways to connect with LexThink! alumni.

LexThink! Chicago is the brainchild of well-known lawyer bloggers Matthew Homann, Dennis Kennedy and Scheherazade Fowler, who have been thinking (and blogging) about ways to make meaningful changes in their professional practices. LexThink! Chicago grew out of one of their brainstorming sessions and their own “what if” questions.

To permit meaningful participation, to generate the best conversations, and to work within the limitations of the creative space we've reserved, participation in the first LexThink! Chicago will be by invitation-only. We’re limiting it to a select group of professional service providers—lawyers, accountants, consultants, strategists, coaches, technologists, marketers and entrepreneurs.

If you are interested -- or know someone who might be -- get in touch with us soon by e-mailing Matt Homann at homann@gmail.com. We will send out the invitations before the end of December, so make sure you let us know about your interest as soon as you can. We are seeking sponsors for LexThink! Chicago and expect to set the registration fee at less than $200 per attendee.

Many people always ask “Why?” There are also some who ask “Why not?” We’re the second kind. How about you?

Posted by dmk at 11:43 PM

The Savvy Blawgger Panel, Version 1.0

Bruce "Adam Smith, Esq." MacEwen has launched the first iteration of his Savvy Blawger Panel, a feature in which he poses important questions to a panel of, well, savvy blawgers. This edition looks into the future and the question was:

"Looking out five to ten years, what will the single most significant change be in terms of how sophisticated law firms (think AmLaw 200) are managed, on the 'business side'?"

There are some great ideas and I highly recommend you study the answers carefully.

I'm one of the panelists and comment on the vital importance of diversification in its different forms by saying:

"The most significant change for successful firms will be the development of a diversified, portfolio approach to the various businesses of a law firm - services, products and licensing of intellectual property - in a much more diversified environment of people and outside partnerships."

I know that some of my readers will be surprised that, for once, I have one of the shortest comments in the collection.

I'll note that Bruce mentions "Capital Asset Pricing Model" in introducing my comment, but I'm thinking in terms of modern portfolio theory, which I've written and spoken about on a number of occasions.

Posted by dmk at 12:07 AM

December 20, 2004

Jeffrey Rosen Gets All Mixed Up About Blawgs, Blogging and Other Things

Professor Jeffrey Rosen, apparently unnerved by the success of Matt Homann's write-in campaign to be named as of the "Top 20 Legal Thinkers," has launched a publicity-seeking missile in a wide-ranging attack on a range of blogging targets with his recent article in the New York Times Magazine.

Unfortunately, as a mere practicing lawyer, I was unable to follow or understand most of the article. However, Rosen did paint a view of the blog world that was new to me. He set up quite a number of straw men and mowed them right down. Mainly, I was left wondering what he could possibly be saying to his students that had him so worried about them blogging about him. That's more a criticism of me, of course, than it is a criticism of his article, which I'm sure that I'd find quite good if I could understand it.

I know this is petty, but I took a secret pleasure in seeing the Treo 650 called the "Trio 650" in an article criticizing the loose standards of bloggers in comparison to the high standards of the lords of journalism. I also enjoyed that in an article focused on privacy, Rosen managed to give away the secret that two anonymous bloggers are students at his law school. Oops. Note that Rosen is actually listed as an official candidate for one of the Top 20 Legal Thinkers, unlike popular write-in candidate, Matt Homann who was left off the list, as were practicing lawyers in general.

I had more concern, however, for the unfortunate impact of the article, which seems to have successfully garnered a lot of publicity (what diatribe against blogging won't these days?), on fellow Blawg Channeler and legal blogging pioneer, Denise Howell.

As many bloggers, but not all nominees for Top 20 Legal Thinkers such as Rosen, know, Denise has long been known and credited for coining the term "blawg." I can understand that there might not have been enough room in this extremely long article (4 separate sections on 4 separate pages, with a long, long animated ad to sit through) to mention Denise by name.

However, it would have been nice to get the definition right. "Blawgs" are most definitely not limited to blogs written by law students, as Rosen and the fact-checking team at the NYT Magazine might lead you to believe. The general definition of "blawg" is "a web log written by lawyers and/or concerned primarily with legal affairs." Denise is far too generous and inclusive a blogger to have intended the limited definition used by Rosen. In fact, someone less generous and inclusive than Denise might even suggest that some of the law student blogs cited by Rosen might not, in fact, meet the definition of "blawg."

So, the term Denise coined gets mentioned without attribution to her and mis-defined in an article that offers the back of the hand to bloggers and appears in a prominent and high profile print publication. The great irony, of course, is there is now a good chance that Jeff Rosen will soon be cited as the source of the definition of "blawg" with the citation noting the definition he uses in his article. Oh, where is the justice?

I'll keep my eyes open for a"clarification," but, in the meantime, I'll be volunteering some of my time to the Vote Matt Homann effort.

By the way, if you want to read a very good, thoughtful discussion of the subject that Rosen attempted to cover in his article, check out Ugly Exhibitionism While We Gawk at the Soap on Renee Blodgett's excellent Down the Avenue blog. In the "it's a small world" department, I actually met Renee at an ABA TECHSHOW several years ago when she worked for Dragon Systems and I was writing a legal technology column for Lawyers Weekly USA. It was at the first vendor event I ever attended and I appreciated the fact that Renee was willing to participate in the fiction that I was a serious journalist rather than the proto-blogger I probably was. Even better, she got me an extra dragon Beanie Baby so I could take two home for my daughter.

Posted by dmk at 10:09 PM

December 16, 2004

Looking at Law Firm Diversity Statistics and the Stories They Tell

During the 1990s, I spent quite a few years on my firm's hiring committee. For most of those years, I was on the Steering Committee of the St. Louis Minority Clerkship Program, an effort made to increase diversity in St. Louis law firms by placing minority law students in summer jobs at St. Louis law firms and corporations.

Wendy Werner, then Assistant Dean for Placement at St. Louis University Law School, and Chip Misko, now at Stinson Morrison Hecker in St. Louis, were co-chairs of the committee in a number of those years. At one time, this program was the second-largest program of its kind in the US.

Wendy and I were talking a while back about that program. There were some great young lawyers who went through that program. Some have gone on to do quite well, although almost in every case not with the firm they spent the summer with.

However, when I look at the numbers today, I struggle to see that the effort had any impact on increasing the numbers of minorities in St. Louis law firms. It's frustrating if you look at the goal of increasing representation in larger St. Louis law firms, but, as I said, many "graduates" of the internship program have gone on to do extremely well.

I grew to believe that retention was the biggest issue, and the answers to the questions about retention do not seem to be easy ones for most firms.

I told Wendy that I'd like to see current statistics just to get a sense of where we were after 10 - 12 years.

Wendy sent me today a link to an article called "Women and Attorneys of Color Continue to Make Only Small Gains at Large Law Firms."

The article sets out some thought-provoking statistice about diversity issues in law firms. It's worth remembering in this context that I believe that Georgetown University Law Center either reached or came very close to reaching a 50/50 male/female ratio for law students while I was there in 1980 - 83.

From the article:

"Recent research from NALP reveals that attorneys of color account for 4.32% of the partners in the nation's major law firms and that women account for 17.06% of the partners in these firms."

Compare 1993, when "attorneys of color accounted for 2.55% of partners and women accounted for 12.27% of partners."

As the article notes, "the presence of women comes nowhere near to matching their presence among law school graduates, which has ranged from 40% to almost half since the late 80's. Similarly, the percentage of minority graduates has doubled, from 10% to 20% during the same time period."

What struck me about the article is the way the statistics illustrate the retention issue.

"Women attorneys hold 43.36% of associate or staff/senior attorney positions and attorneys of color hold 15.06% of these positions."

Let me emphasize those numbers:

Women

Associates/staff attorneys 43.36%
Partners 17.06%

Attorneys of Color

Associates/staff attorneys 15.06%
Partners 4.32%

Of course, there are stories, reasons, variations by geography, and special circumstance behind these numbers, but the numbers, at minimum, suggest that something is not working the way it should be. I don't mean to assess any blame, but I don't think anyone will think that these numbers are good. We certainly can do better, probably much better.

The current pressures and environments in law firms, especially large law firms, make it unlikely that we will see movement of these numbers in a positive direction soon. Law firms are grinding up male associates and young partners at an alarming rate, too.

However, I hate to throw in the towel. There should be some new and creative ways to deal with these issues. I have a few ideas that I haven't tried out yet. I know that Wendy has others. Others of you certainly have better ideas than I do. It's worth making the effort.

If you've ever heard me speak on the future of legal technology and the Internet, you know that I like to end with some comments on the role that technology, especially the Internet, can play in both improving diversity and in helping people understand the important role diversity will play in the success of any organization or venture as we move into the 21st century. This topic has moved back on my radar screen for 2005.

How about yours?

Posted by dmk at 08:16 PM

December 15, 2004

Legal Affairs Magazine Offhandedly Insults Practicing Lawyers

I thought that Evan Schaeffer would have picked up on this story by now.

Legal Affairs, apparently an important magazine covering legal issues, is conducting a poll to name the Top 20 Legal Thinkers in America. The list of candidates includes Academics, Judges and Writer/Commentators.

Uh, what about practicing lawyers? I guess my lawyer friends and I don't count as "thinkers" in the rarefied air found in the halls of Legal Affairs.

Despite my apparent deficiencies as a "thinker," I have a few thoughts about Legal Affairs magazine and the attitude it embodies. I doubt, however, that Legal Affairs will find them in the top 20 thoughts directed its way in 2004.

It's great that blogs are going to make publications like Legal Affairs totally irrelevant.

Posted by dmk at 04:59 PM

December 09, 2004

Holy Cow! Big Law Firm Hourly Rates Rocket Skyward

Leigh Jones's article on Law.com today called "Law Firms' Billing Rates Climb Ever Higher" will confirm what the clients of many clients of law firms already suspected was happening.

This article will give you a lot to think about. Is demand for legal services ever impacted by price? Are 10% (or greater) rate increases appropriate? How high is too high? What possible justifications do law firms have for introducing efficiencies or technology innovation into the process when clients tolerate 10% or better rate increases? Is it time to look to smaller firms, regional firms, spinoffs from large law firms or individual lawyers with focused practices and big firm backgrounds? At what point to clients need to get into the driver's seat and drive technology, alternative fee arrangements and the like? What increased level of service do you get at the increased rate? Aren't those rates in the Midwest (say, for example, St. Louis) starting to look good these days?

Make sure that you notice the associate rate increases mentioned in the article.

There is good news in this article, even beyond the invitation it gives you to shop around your work that doesn't need to be done at the highest-priced firms. Here's the quote from Joel Henning of Hildebrandt International you will want to ponder carefully:

"Lawyers tend to be terrified of losing clients because of increased rates."

This is so true. Client