Law Practice Management and Technology Section
News from the Section
- Chair's Message
- Annual Meeting -- October 2015
- Did You Know . . . Tech Tips?
- Windows 10
- Networking on LinkedIn
- Did You Know ....Articles?
- Legal Marketing
- Stand-Up Work Stations
- Summary Judgment
- State Bar News
- The Bottom Line/eTBL
- Educational Opportunities
- Executive Committee News
- Future State Bar Annual Meetings
- Member Benefits
1. Chairs Message
Welcome to the September/October issue of LPMT's eNEWS
As I come to the end of my tenure as the Chair of the Law Practice Management and Technology Section Executive Committee, I want to first thank a few people who have really stepped up and contributed to this being a successful and productive year. Special kudos to Cynthia Mascio and Mike Fenger (Co-Chairs of The Bottom Line sub-committee) and Patty Miller (Executive Committee Secretary and Chair of the eNews sub-committee) who have worked tirelessly to gather, edit, and organize all of the information and articles that we present to you in our publications. Also, thank you to all of you have submitted articles, some of you multiple articles, to be published for our members' benefit. Finally, I want to thank Kristina Robledo, our State Bar Section Coordinator, who has been helpful, responsive, and gone above and beyond the call of duty whenever I have reached out to her for assistance.
The State Bar Sections are here to serve their members. All that we do is for you. We try our best to present articles, information, and programs that we feel have value to you, the members of LPMT, and are committed to continuing to do so under our incoming Chair, Kurt Obermeyer. I hope that during the past year that you have learned something from our publications or programs that can help you manage or even enhance your law practice.
Finally, as always, we want to hear from you!! If you want to write an article, submit a tech tip, or have questions, please contact us!!! Feel free to email me at Nyanza@shawesquire.com; I will continue to serve on the Executive Committee in the upcoming year as Past Chair.
Nyanza Shaw, Chair, LPMT
2. Annual Meeting -- October 2015
The State Bar Annual Meeting will be held in Anaheim on October 8 to 11, 2015. Stay connected at the Annual Meeting on Twitter #CalBarAM15.
The programs set forth below will be presented by the LPMT Section. The speakers for each program have provided their own comments why you should attend and how you will benefit from their presentations. Take advantage of the networking opportunities and educational programs being presented at the Annual Meeting.
Competency and Consciousness Through Mindfulness
Thursday, Oct. 8 | 4 p.m.- 5:30 p.m.- Basic/Practical Skills Course
This program will focus on how to practice mindfulness to become more focused and increase competence. When attorneys practice mindfulness they are more present and better equipped to handle professional and personal stressors. Learn how to be more mindful, relieve stress, enhance memory, and manage emotions to better manage your practice.
Speakers: Nyanza Shaw and Mari Frank
MCLE: 1.5 Hours Competence Issues
Speakers' comments: This highly interactive program will teach attorneys how to practice mindfulness to become more focused and aware to increase their competence. When attorneys practice mindfulness they are more actively present in all situations and better equipped to handle professional and personal stressors. This lively program will show attorneys how to use emotional intelligence to relieve stress, enhance memory, and manage their mind to increase lawyer competency and better manage their practice. Join Mari Frank, Esq. and Nyanza Shaw, Esq. for this exciting program. You won't want to miss the door prizes!
Honing Your Client Intake Skills to Avoid Practice Challenges
Saturday, Oct. 10 | 10:30 a.m. - 12 noon - Basic/Practical Skills Course
Through video clips of mock intake interviews, this program will focus on identifying the most common causes of attorney-client discord and how to deal with them before problems erupt. Panelists also cover how to recognize and adjust unreasonable client expectations, and how to identify troubling client characteristics and address them.
Speakers: Neil Pedersen and Teresa McQueen
MCLE: 1.5 Hours; Legal Specialization: Legal Malpractice
Speakers' comments: "Honing Your Client Intake Skills to Avoid Practice Challenges" is a program that uses several fun and instructive short video vignettes to interactively demonstrate common kinds of client personalities and issues and the red flag warning signs that can be and should be discovered before a problem client becomes a disgruntled former client, an unpaid invoice, or a malpractice case. This program is primarily intended to be helpful for the relatively new attorney, but even long-term veteran attorneys will find the presentation fun and edifying at the same time.
How to Find and Use Evidence Among Large E-discovery Projects
Saturday, Oct. 10 | 2 p.m. - 3:30 p.m. - Advanced Course
Gathering electronically stored information, processing it for production and reviewing it for hot documents is only useful if the attorney has a system for using the relevant documents in depositions, motion exhibits, or trial. This program will cover best practices for organizing and using documents from large e-discovery productions.
Speaker: Jeff Bennion
MCLE: 1.5 Hours
Speaker's comments: My program will be about the problems faced with organizing and using mass amounts of electronic data in e-discovery cases. E-discovery in large cases is like putting together a 3 million piece puzzle. It's difficult to know where to begin and it's hard to see the big picture until you have completed a substantial amount of the work, which often means late in the discovery phase. We are going to look at strategies and tools to get a better grasp on the evidence, how to find, organize, and use millions of pages of evidence in a short amount of time using tools that are accessible to most lawyers already.
In My Opinion: A Review of the Latest Technology Rules to Protect Attorney & Client Confidentiality
Saturday, Oct. 10 | 4 p.m. - 5:30 p.m. - Recent Developments Course
This program will review recent State Bar Committee on Professional Responsibility and Conduct (COPRAC) opinions regarding an attorney's use of technology, and help to ensure that you are meeting the standards of competence to protect both the privacy and confidentiality of your law practice and your clients' information.
Speaker: Perry Segal
MCLE: 1.5 Hours of Which 1.0 Hour Applies to Legal Ethics; Legal Specialization: Legal Malpractice
Speaker's comments: In the past five years, the Committee on Personal Responsibility and Conduct (COPRAC) has published multiple opinions, specifically addressing the proper handling of technology in the areas of networking, the virtual office, social media, evidence and more. For those who don't consider themselves technologically-savvy, it can be a daunting experience to comprehend what all of the terms and phrases mean and how they apply to the day-to-day duties and responsibilities of attorneys. This program endeavors to remove the mystery and fear that inevitably arises and distill the subject matter down to more easily understood components while hopefully alleviating the intimidation-factor.
Management Tools to Create Effective Law Office Employees
Sunday, Oct. 11 | 10 a.m. - 11:30 a.m. - Basic/Practical Skills Course
This program will cover the various approaches available to law firm management, large or small, to encourage, train and provide powerful experience to law firm personnel to grow the firm's most critical asset-- its people. Learn about the use of effective performance evaluations, training techniques and compensation models to establish long-term retention of high quality law firm personnel.
Speakers: Neil Pedersen and Donna Low
MCLE: 1.5 Hours
Speakers' comments: Whether you run a small office with just one support staff member, or a large firm with many attorneys and administrative personnel, hiring, retaining and developing your employees is an important part of the management of your practice. Turnover and non-productive or unmotivated personnel act as a serious drain on you and your business. This presentation by two experienced law office principals is intended to give the attendee solid guidance on how to hire, manage, train, mentor, compensate and discipline law office personnel in a way that will produce highly effective, productive assets for your firm.
3. Did You Know . . . Tech Tips?
a. Windows 10
Test-Driving Windows 10: What You Need to Know Before You Upgrade [...and what to do if you've already upgraded]
By Perry L. Segal -- September 2, 2015
Windows 10 was released in late July to a lot of fanfare. Even as a 'tech-guy', my rule of thumb is to never install an upgrade to a Windows operating system until Service Pack 1 is released.
But, as is true with many other users, Windows 8.1 (and Windows 8.0 before it) was a big disappointment to me and I figured anything would be better than standing pat. So, under the dual-philosophies of, "Tech, Heal Thy PC" and "Document it for our readers", I installed Windows 10 as soon as it became available
Good thing I know how to fix my technology. On the plus side, you get to learn from my pain. READ MORE
b. Networking on LinkedIn
The Two Strategies for Networking on LinkedIn -- And Why They Matter
Image Credit: Janne Moren | Flickr | Enhanced by Entrepreneur
In his book Ultimate Guide to LinkedIn for Business, search engine optimization and online marketing expert consultant Ted Prodromou explains how you can use LinkedIn to quickly engage with ideal customers, partners, and employees, showcase your company and attract new opportunities. In this edited excerpt, the author explains two different strategies for networking on LinkedIn.
How many connections should you have on LinkedIn? There isn't a magic number that works for everyone. LinkedIn isn't a popularity contest where the person with the most connections wins. LinkedIn is about building relationships and connecting with others, which is very different than the monologue communication of something like Twitter. READ MORE
4. Did You Know....Articles?
(a) Legal Marketing
Legal Marketing - Have Your Elevator Speech Ready!
By Neil Pedersen
Most legal marketing and business development experts will agree that one of the most important things you can do to establish and build your business is to clearly and regularly communicate your practice area to all of your potential clients and referral sources. The industry term is "branding." The textbook definition of branding is "the marketing practice of creating a name, symbol, design or reputation that identifies and differentiates one product or person from other products or persons."
Branding can take many forms for an attorney, including the most basic tools like business cards and letterhead that include practice areas prominently displayed on them. However, the most fundamental way you brand yourself is what you say about yourself to others. Interestingly, while most attorneys will spend substantial time, money and effort to develop logos, slogans, letterhead, business cards and other forms of marketing materials, very few attorneys spend any quality time developing and practicing the most important aspect of their marketing efforts - their elevator speech. READ MORE
(b) Stand-Up Work Stations
Get Up, Stand Up, Stand for your...Health!
By Peter N. Brewer
It is pretty well beyond dispute that humans were not designed to sit most of the day. Yet for many of us our jobs fairly well demand it. Well, it's time for a revolution. Paraphrasing Bob Marley, Get Up, Stand Up! Stand up for your HEALTH.
I recommend that you experience the pleasure of a stand-up desk. I have been using a stand-up desk in my office for around ten years or so, pictured right. It is not my only desk -- I still sit to use the computer. But I put my phone on the stand-up desk, and positioned the stand-up desk facing the window with the nicest view, and now whenever I take or receive a phone call, I stand up. I keep a notepad on the stand-up desk so I am instantly ready to field a call and take notes. READ MORE
(c) Authenticated Electronic Legal Materials Online
Perry Segal has alerted us to Senate Bill 470 which was signed into law on August 10, 2015, by Governor Jerry Brown. The bill will allow courts weighing requests for summary judgment to only consider objections to evidence they deem material to the motions. Objections not ruled on by a judge will be preserved for appellate review. The change is effective January 1, 2016.
Judges Catch a Break on Summary Judgment
by Cheryl Miller, The Recorder
August 10, 2015
SACRAMENTO -- Judges should be able to dispose of summary-judgment motions more quickly under legislation signed Monday by Gov. Jerry Brown.
Senate Bill 470 will allow courts weighing requests for summary judgment to only consider objections to evidence they deem material to the motion. Objections not ruled on by a judge will be preserved for appellate review. READ MORE
Strapped for cash to start a law firm? Crowdfunding may be permissible, ethics opinion says
POSTED AUG 17, 2015 06:15 AM CDT BY DEBRA CASSENS WEISS
(Photo from Shutterstock)
Lawyers who want to start a law firm but are short on cash may be able to use some types of crowdfunding, according to an ethics opinion
Lawyers may not use any funding, however, that gives the investor an interest in a law firm or a share of its revenue, according to the June 29 opinion by the New York State Bar Association. The ABA BNA Lawyers' Manual on Professional Conduct has a story. READ MORE
5. News from The State Bar
The State Bar of California currently has no new items out for public comment. Do check the Public Comment section on The State Bar's website for new postings.
If you feel that the LPMT Executive Committee should submit comments on behalf of the LPMT Section members to a particular item out for public comment, please contact Amy Williams, Chair of the Rules Subcommittee at firstname.lastname@example.org are also cited.
PLEASE NOTE: Publication for public comment is not, and shall not be, construed as a recommendation or approval by the Board of Trustees of the materials published.
6. The Bottom Line/eTBL
We hope you found the August issue informative. The Editorial Committee continues to gather articles for the October 2015 issue. To date, the following articles are scheduled to be in the October issue:
MCLE Self-Study Credit-1 hour: Going Digital: A Step-by-Step Approach on How to Make the Change, Part Two, by Neil Pedersen
Report on the ILTACON (International Legal Technology Association Convention, which was held in Las Vegas August 30 through September 3, 2015), by Jeffrey Bennion
7. Educational Opportunities
(a) Self-Study CLE in Legal Ethics for Members of the Law Practice Management and Technology Section
As a benefit of Section membership, The State Bar is pleased to offer four hours of MCLE credit in Legal Ethics -- enough to fulfill your requirements in this subfield! Just watch the selected programs, and keep a record of having done so in the event you are audited for MCLE compliance.
(b) CYLA 10-Minute Mentor
The California Young Lawyers Association has assembled a series of mentoring videos which are posted at: HERE. New videos are being added all the time.
LPMT Executive Committee member, Neil Pedersen, recently recorded two videos which will be posted to the web shortly:
- Time Management for the Busy Attorney
- The Paperless Law Office: Using Technology to Maximize Efficiency and Profit
Other videos by LPMT Executive Committee members/advisors are set forth below.
Neil Pedersen - Time Management for the Busy Attorney
Neil Pedersen - The Paperless Law Office: Using Technology to Maximize Efficiency and Profit
Mari Frank - Successful Negotiation and Mediation in Your Practice
Peter Brewer - Evolving Your Solo Laws Practice: Daring to Become a Firm
Perry Segal - Today's Technologies and Maintaining Client Confidences 101
The hash tag for the CYLA Mentoring Videos is, #10MinuteMentor, should you wish to retweet any of the videos.
(c) Online CLE
View the Online CLE catalog to find webinars and programs presented by the LPMT Section or which contain practice management topics. Also find articles from Section publications, including The Bottom Line, to obtain self-study MCLE credit. Several articles from past issues of The Bottom Line have been placed in the Online CLE catalog and offer MCLE self-study credit.
Please provide your thoughts and suggestions to the Chair of the Education Committee, Kurt Obermeyer or LPMT@calbar.ca.gov. Let Kurt hear from you with suggested topics or a proposal to present a webinar or program
8. Executive Committee News
(a) 2014-2015 Fiscal Year Ends -- Thank You
The eNewsletter Editorial Team wishes to acknowledge and thank the following members of the Executive Committee who are completing their terms on the Executive Committee this year:
Voting Members: Kurt Obermeyer, Neil Pedersen, Nyanza Shaw and Amy Williams.
Special Advisors: Mari Frank, Cynthia Mascio, Larry Meyer, Patty Miller, Derick Roselli and Perry Segal.
(b) 2015-2016 Brings a New Year for the Executive Committee -- New Officers and Voting Members
In 2015-2016, the LPMT Section will be lead by the following officers of the Executive Committee:
Chair: Kurt Obermeyer, El Segundo
Vice Chair: Peter Brewer, Palo Alto
Secretary: Patricia Miller, Watsonville
Treasurer: Cynthia Mascio, Cerritos
The newly-elected officers will assume their duties at the conclusion of The State Bar Annual Meeting.
(c) News from LPMT Section Members:
Members, let us know what you are doing so we can include your activities and accomplishments in our next eNewsletter. Let us hear from you (LPMT@calbar.ca.gov).
(d) Opening, Growing and Managing a Law Office
Purchase the State Bar’s two publications, The California Guide to Opening a Law Office and The California Guide to Growing and Managing a Law Office (official hash tag #GrowLaw) to assist you in running and growing your law practice. Your Executive Committee members are contributing authors.
9. Future State Bar Annual Meetings
2015: October 8-11, Anaheim
2016: September 29-October 2, San Diego
2017: August 24-27,
2018: September 13-16, San Diego
10. Benefits for Members
The July/August eNews included detailed information about how members of the LPMT can take advantage of discounts.
- AB Unlimited
- JumpStart Genius®
For detailed information about vendor benefits, go to the Members Only Section under Special Offers and Discounts.
Law Practice Management and Technology Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105