Mass. LOMAP: Law Practice Advisor

The Warm Call: Using Social Networking Connections to Break the Ice of Cold Calls and Introductions

noreply@blogger.com (Jared Correia) — Fri, 08 Feb 2013 14:45:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we've got some socially acceptable ideas for crafting better icebreakers.

Read the tip here.

Website Essentials – Part II: Design & Development

noreply@blogger.com (Heidi Alexander) — Fri, 01 Feb 2013 21:53:00 +0000

This post covers the second installment of a four-part series on setting up a website for your law practice. We learned in the first post how to select and register a domain name, secure a web host, and create and set up email. This second post covers the real meat of the process: the design and development process.

First, you need to decide whether to hire someone or do it yourself (“DIY”). To save time and frustration, many folks will choose to hire a professional to design and develop their site. Cost is one factor in selecting a professional, but it does not need to be unduly prohibitive. Low-end professionals range from $500 to $2,000. These professionals can customize a ready-made template (which you buy, although some are free) and install a content management system (“CMS”) on your web host. Someone in this category should be able to train you to make your own updates using the content management system and may provide additional support on matters such as email, security, analytics, and search engine optimization (but within that price range, the work will be minimal). Mid-level professionals range from $2,000 to $10,000. These professionals will help you develop the site architecture, design and develop a custom layout, install the CMS on your web host, train you to use the CMS, and provide support and consultation on matters such as email, security, analytics, and search engine optimization. There are professionals that top $10,000, but they are rarely needed for a solo or small firms. These high-end professionals typically develop complex multipage sites with custom CMS systems. FindLaw, LexisNexis, and Avvo are all-in-one solutions, as noted in Part I of this series, that fall within the mid- to high-end developer category and offer similar services.

Keep in mind that whether you hire a professional or do it yourself (“DIY”), you should use a CMS. A CMS will provide you with the ability to add, remove, or modify website content without having any knowledge of “code.” If you don’t use a CMS, but rather static html files, you will need to find that particular file (or files) on your web server and make the changes, typically with the assistance of a paid professional. Further, using static html files for your site will reduce the chances of being found online through a search and you will likely end up paying another professional down the road to convert the site to use a CMS.

Let’s talk about DIY, since that’s what many solos attempt to do until they become too frustrated and end up hiring a professional. In all seriousness, there are DIY programs out there that will make it easy for you. Most web hosts now offer free site builders as part of their hosting service. Typically, the site builder provides a few pre-made templates that can be configured by the user. For example, Bluehost offers a service called Weebly and Go Daddy offers another website builder; both use a drag and drop interface. These are fine options for an initial site, but because of their limitations, you are likely to grow out of the site. Once you do, you can always hire a professional down the road and, hopefully, at that point your practice is doing well enough to absorb that cost. There are other all-in-one options (see Part I of this series), such as Flavors, SquareSpace, and Get Your Business Online that are similar to the web host site builders and provide their own domain registration, web hosting, and DIY drag and drop design and development.

The best DIY option by far (in my opinion) is Wordpress (.org, not .com). Fortunately, our own Rachel has written extensively on using Wordpress – Part I and Part II. Wordpress is the most popular open source CMS system, which means the software and many of the components that work with it are created and supported by a community of developers and can be downloaded and used for free. What this means for you is that there is a huge community to rely upon for support, you can find consultants to assist you if necessary, and the software and its components will continue to develop and improve. All you need to do is install Wordpress on your web host (most hosts offer automatic installs), then find a good theme (and there are thousands) and customize it using Wordpress. There are a number of good online tutorials and guides on how to use Wordpress. In addition, most adult community education centers now offer courses in Wordpress.

Finding a theme can be daunting. Try asking colleagues what themes they are using. Even if you use the same theme, your customizations will avoid the appearance of the two sites looking alike. Both free and paid themes can be found at the Wordpress theme repository. There are also a number of commercial developers whose themes can be viewed from their websites, including some popular developers such as WooThemes, Headway Themes, Elegant Themes, ThemeForest, Templatic, Obox Design, and ThemeFuse. When choosing a theme, look for those optimized for mobile use, have user-friendly interfaces, and provide quick and reliable support.

Second, you need to organize your site and develop content. A typical solo or small firm site should include your firm logo, a navigation bar easily accessible from every page of the site, a call to action, footer, disclaimer, and sitemap.

· Logo – If you don’t have one, get one! Try a crowdsourcing option such as LogoMyWay or 99Designs. Here is three-part account of one attorney’s experience using LogoMyWay: Part I, Part II, Part III. Another option is to hire a graphic designer or art student.

· Navigation Bar – This should include at least a tab for your Homepage (so that users may return to the Homepage from any page on the site), Biography, Practice Areas, and Contact Information. The overwhelming consensus is that attorneys should use a professional headshot on their site. Contact information should include your business address, phone, and email. Beware of using a contact form on your website with a message block field where users may be tempted to enter confidential information. If you do use a contact form, be sure to include disclaimers and consider adding a click through disclaimer that will require users to consent to your terms before submitting a message.

· Call to Action – What do you want your visitors to do when they visit your site? You may want your phone number or email address front and center. Use simple and short phrases such as “Call Now to Schedule a Consultation.”

· Footer – The footer should include your copyright information (i.e. “© 2012 Heidi Alexander”) and contact information so that it is accessible from every page on the website.

· Disclaimer – Your site’s legal terms. Review your state’s rules of professional conduct on attorney advertising when developing your disclaimer. The disclaimer can be as simple or as robust as you’d like depending upon your risk tolerance. Some firms label the disclaimer “Terms of Use” and some also include a privacy policy that describes how the firm collects, uses/shares, and protects user information.

· Sitemap – A sitemap can appear on the site (see the lower left-hand corner of the Boston Bar Association website for an example) to provide an overview and structure of the website (http://www.bostonbar.org/sitemap). Or, a sitemap can be generated behind the scenes via your CMS. It is important to do this for purposes of search engine optimization (“SEO”) (the subject of part IV of this series). A sitemap helps the search engines sort through and find pages on your site, enabling them to be indexed by the search engine and made available to the public via a search.

If you use photos on your site, ensure relevance and be wary of generic legal photos (no one wants to see yet another scale of justice or picture of the statehouse, especially if your office isn’t even located in Boston). Further, if you do use photos or let your web developer use photos, beware of copyright issues. Here are a couple of photo repositories that are either free (although you may need to credit the photographer) or require a nominal fee for use: Flickr, ShutterStock, and Stock.xchng.

As for your content, make it easy to scan. People rarely read every word on a site. Try using small blocks of text (2-4 sentences), bullet points, and headers to highlight information. This goes without saying, but make sure to review your entire site for typos! Finally, keep your content fresh. Update your bio every couple of months. A great way to keep your content fresh is by integrating a blog (learn how to get in the blogger mindset here). You may also consider integrating your Twitter feed. Creating dynamic content can be accomplished in numerous ways. For a few, listen to Jared’s podcast on Content Marketing for Lawyers.

After you complete the steps above and have your site up and running, you’ll want to implement site analytics (or statistics) to determine whether your site providing a return on your marketing investment (ROI), and if not, to help you figure out what you need to do to transform it into a profitable marketing investment. That’s the subject for the next post (Part III) in this series. Look out for Part III soon!

Outlook Email: Tips and Tricks

noreply@blogger.com (Heidi Alexander) — Fri, 25 Jan 2013 17:13:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we provide a number of tips and tricks that will help you maximize the use of Outlook mail in your practice.

Read the tip here.

Website Essentials – Part I: Website Building Blocks

noreply@blogger.com (Heidi Alexander) — Fri, 18 Jan 2013 18:57:00 +0000

A few years ago, I may have spent this first paragraph trying to convince you that you need a website for your practice. But, I suspect that if you are reading this post, you are far beyond that. Building and maintaining a website for your practice is no longer just one of the many marketing tools available, but an essential tool. Since we have that out of the way, let’s move on to why you are really reading this post, that is to learn how you go about creating a website, the essential components to incorporate into your website, who you should turn to for assistance, and how to determine whether your site is working for you. This series is organized into four separate parts: 1) website building blocks, 2) website design and development, 3) website maintenance and analytics, and 4) search engine optimization. This first post, Part I: Website building blocks, will walk you through the steps you’ll need to take before you can design your site and get it online.

First, you need to SEARCH for an available domain name. Once you know the name of your firm or have a few ideas, you will want to check to see if that domain(s) is available. Your domain name is your web address and will be used to identify your website. To search for available domains, you can use www.whois.net or lookup services provided by domain registrars and web hosts (see below for domain registrar and web host options). Whois.net and other lookup services will tell you whether that particular domain is available, and if not, they will suggest similar names that are available. If possible, choose a shorter URL and one that ends in .com, which is easier to remember and more conventional. When registering your domain name, you may want to register the same name with other extensions (.org, .us, .net, .biz) to exclude others from registering those names in the future. If you have your heart set on one domain in particular and it is not available, check www.whois.net to find out whom it is assigned to and make contact. I tried this with www.heidialexander.com, but I couldn’t convince the owner to sell it to me. So, don’t get your hopes too high.

Second, you need to REGISTER your selected domain name. To reserve your domain name, you must register it. By registering it, you are purchasing ownership to that domain name for use as long as you continue to renew it (typically on an annual basis). If you are preparing to build a website (rather than using your domain name only for email purposes), domain registration should be accomplished through whatever web hosting service you choose to host your website. This means you will need to decide on a web host at this point. If you cannot bear to wait to register your domain name, you can go ahead and register with most online registrars/web hosting companies (i.e. Go Daddy, Namecheap.com, Bluehost.com, 1and1.com, Name.com) and later transfer your domain to whichever web host you choose. Centralizing your domain name and hosting service with one company makes it easier to renew your domain and hosting on an annual basis (you can also change your web host account to automatically renew your domain and hosting every year). If you are contracting out your website work be sure that your developer does not register the domain in his/her firm’s name, which may cause problems down the road (including issues with domain transfer, renewals, and problems should the developer go out of business). When you register you may be presented with an option to privatize your information (i.e. name, address, email, and phone) for an additional cost. If you will be using this domain for your law office, there is no need to hide your business information because this should be available to the public on your site anyhow.

Third, you need to SECURE a web host. A web host is required to house your site. Most solo and small firms will use shared web hosting available from third parties. These companies allow the firm to rent space on their server on a monthly or yearly basis. Pricing from most of these companies is comparable at approximately $10/month for a typical basic web hosting package. Many of these companies are now offering unlimited storage and monthly bandwidth as part of their basic package, as well as multiple email addresses. In addition, you will typically be able to host multiple domain names and subdomains. A subdomain may be used to host an entirely separate website (but will still use your primary domain extension). For example, we could setup the subdomain "www.howtosetupawebsite.masslomap.org" and create a new website apart from our primary site www.masslomap.org with resources on how to set up a website. When shopping around for web hosts, ask other solos/small firms what they are using and whether they have had a positive experience. You can also check review sites such as CNET’s web host reviews and bestwebhostrating.com. Based on personal and anecdotal experience, attorneys have found the following hosts suitable: Bluehost.com, Dreamhost.com, Hostgator.com, NetworkSolutions.com, and InMotionHosting.com. I find that the two most important considerations when selecting a host are customer support and reliability (i.e. 99% up-time). Most of the online providers have a control panel for simple user-friendly access to functions such as adding or deleting email addresses, creating new domains and sub-domains, backing up your site, and more. When utilizing services of any outside provider, be sure to take a look at the provider’s security measures and policies to ensure yourself that the provider has reasonable protections in place to preserve confidentiality and security.

Note: There are some all-in-one solutions that will provide domain registration, hosting, email, web design and development, and may provide other services such as search engine optimization. Flavors is a free service, whereas SquareSpace is fairly cheap. Google’s Get Your Business Online (“GYBO”) initiative provides free domain registration, free web hosting for one year, customizable templates, and online tools and training. Other more pricey and robust options for lawyers include services from FindLaw, LexisNexis, and Avvo. While these are good options if you plan to take a hands off approach and want something produced quickly, be aware that if you later want to move your site elsewhere, it may be a difficult and costly endeavor and you may end up back at this post following the steps I have laid out. Following the steps in the post should ensure personal ownership of your site and provide your firm with the greatest flexibility when it comes to managing your web presence.

Fourth, you need to CREATE and SET UP your email. For the most part, you will need to go through your web host to set up your email addresses (i.e. Name@YourDomain.com). Setting up your email address using your domain as your email extension is more professional than using an email extension that is associated with your email service (i.e. aol.com, gmail.com, yahoo.com). Most hosts allow you to create multiple email addresses and forwarding addresses (email addresses that forward to another email address). You can also set up your own email client, which syncs and retrieves messages from your web host server. Some of these clients include Gmail or Google Apps for Business, Outlook, and Mac Mail. Many of the web hosts have customized instructions on how to set up your email client, specifically for Outlook and Mac Mail. For example, here are instructions for setting up Outlook and instructions for setting up Gmail for Bluehost users. Google Apps for Business – no longer free as of this past December 2012 – provides you with the ability to use your custom domain with Gmail, in addition to the suite of other services and applications well suited to help attorneys work more effectively. You can create multiple user accounts / email addresses within Google Apps, rather than going through your web host. Upon sign up, follow the Google Apps Wizard to complete setup.

Now that you have selected and registered a domain name, secured a web host, and created and set up email, you are now ready to move onto Part II – Website Design & Development. In Part II, which will be posted on February 1, 2013, I’ll discuss whether and what you should know before hiring a professional to design and develop your site, do-it-yourself solutions, and what content you should include in your site.

13 for ’13: Resolutions for the Improvement of Your Practice Life in the New Year

noreply@blogger.com (Jared Correia) — Fri, 11 Jan 2013 19:14:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we’ve got your New Year’s resolutions right here.

Read the tip here.

Should Old Acquaintance Be Forgot, Season 3: The Best of the Guests (2012)

noreply@blogger.com (Jared Correia) — Fri, 04 Jan 2013 15:16:00 +0000

Compilation post 2 of 2. (1 of 2). Ah, ‘tis the Season(ing)! We’ll have some hot stuff for you for much of the remainder of 2013 here at the LOMAP Blog; but, for now, we still be reminiscing.

Each year, at around this time, I endeavor to collect the very best of our guest blog posts from the past year, ordering them up into this here catalogue, but without the sing-songy goodness of my general ‘best of’ collection, mostly because that’s a Christmastime thing, and this is a New Year’s thing -- and, there just aren’t that many good New Year’s songs . . .

Ahem: ‘the Best of the Guests’:

-In January, Gabriel Cheong gave us his take on the TrialPad app @ Review of Trial Pad 2.1 for the iPad

-In February, Gerrit Betz offered some of his best tips respecting template creation and utilization @ Improve Your Effectiveness by Building Your Document Library

-In July, Rob Thorne discussed the importance of a diversified investment portfolio @ Safety in Numbers: Why Diversification Matters

-In October, David Ten Eyck created his own catalogue, of potential benefits available to employees of small law firms @ A Primer on Group Employee Benefits for Small Law Offices

-In November, Sofia Lingos addressed the sometimes vexing problem of whether and how a solo attorney might apply for a d/b/a certificate @ Lawyers Doing Business in Massachusetts: Must I File a D/B/A?

How did I select these five? Well, they’re the only guest posts we’ve published this year.

Why? Well, with unprecedented client numbers this year, I haven’t really had as much time to seek or edit guest posts as I would like. Hopefully, with the arrival of one Heidi Alexander, that will change some.

The other thing about this, is that I don’t get all that many legitimate requests to guest blog from attorneys or consultants or other professionals -- that is, if I’m not asking for them directly. But, don’t be shy: If you’d like to write for the LOMAP Blog, email me about a proposed law practice management topic at jared@masslomap.org.

Who knows, if you play your cards right, you, too, could be one of five guest authors listed . . . in ‘Best of the Guests’ (future edition, 2013).

. . .

Liner Notes

Well, it’s the end of the year, and that means that everybody is predicting and prognosticating (a lot) over what will happen in 2013, now that the Mayans have been proven poor astrologers or terrible mathematicians by amateur history scholars the world over. (Take that, Mayans.)

I figure I should then join the party, and make some predictions of my own . . . about what will happen in popular music in 2013.

I think it’s going to be a big year for the Buffalo Springfield . . . What’s that? They haven’t come out with an album since 1968?

I knew this was a terrible idea . . . I don’t listen to popular music.

Wait . . . Peter Gabriel left Genesis? Are you KIDDING me?

The (Fourth Annual) Posts of Christmas Past: The LOMAP Blog’s Calendar Year in Review (for 2012)

noreply@blogger.com (Jared Correia) — Sat, 29 Dec 2012 06:41:00 +0000

It’s that most wonderful time of the year again: when I give in to the compilation temptation, and ratchet up my Christmastime overview of our best posts of the year. Sure, the year’s not over yet; and, I’m even a little late for Christmas (and Hanukkah, for that matter); so, I guess you could say I’m out of time -- though, that’s nothing new for me.

Just when you thought you had received all of your Christmas gifts, here I come stepping up to the plate like a latter day Saint Nicholas, bringing you the best that the LOMAP Blog has had to offer in 2012.

Iiiiiiiiiiin the first month of this year, the LOMAP Blog gave to me/ a collection of strange tales from around the web @ Power Tagging: Tales from the World Wide Web

In the second month of this year, the LOMAP Blog gave to me/some advice on handling the many pressures of expertise @ The So-Called Experts’ So-Called Experts . . . and So Forth: On Pressure-less Professional Reputation Construction

In the third month of this year, the LOMAP Blog gave to me/an answer to the question of whether a solo can make a smartphone her only business phone @ Smart Phone: Should Solos Go Mobile?

In the fourth month of this year, the LOMAP Blog gave to me/a primer on the use of client-side encryption to protect yourself in the cloud @ Layering Security in the Cloud II: Client-side Encryption Tools

In the fifth month of this year, the LOMAP Blog gave to me/a rundown of Google’s social search universe @ We Are the World: A Google Search Plus Your World Primer

In the sixth month of this year, the LOMAP Blog gave to me/a number of useful pointers for marketing a start-up law firm @ Open Up: Getting the Word Out About a New Practice

In the seventh month of this year, the LOMAP Blog gave to me/a list of reasons for moving toward a paperless office environment @ Scanning the Horizon: Paperless Conversion Saves Law Firms

In the eighth month of this year, the LOMAP Blog gave to me/some tips for overcoming the isolation of solo practice @ Not-So-Splendid Isolation: Solo Attorneys Can Cobble Together Collegial Environments

In the ninth month of this year, the LOMAP Blog gave to me/some further information about securing online accounts @ Doubling Down: More on Two-Factor Authentication

In the tenth month of this year, the LOMAP Blog gave to me/the pathways to finding ethical guidance within the Commonwealth @ Interrogatories: Direction for Ethics Queries

In the eleventh month of this year, the LOMAP Blog gave to me/zen management techniques for training and maintaining staff @ The Bird Anomaly: Coaching Up Your Staff

In the twelfth month of this year, the LOMAP Blog gave to me/the news about the pending amendments to the Massachusetts Rules of Professional Conduct respecting written fee agreements @ Writing Requirement: As of January 1, Written Fee Agreements will be Required in Most Cases

. . .

Liner Notes

The requiem has run dry. When even Jamie Carr can no longer find the time to produce his Christmas albums, how can I? (Though, you should still donate to CF research.) I’m only just the one man. So, I’m giving up the Christmas music compilation theme this year, too. I mean, over the last few years I’ve banged out some pretty impressive and eclectic Christmas lists (here, here and here).

Recognizing Christmas for what it is (perhaps the most overwrought exercise in commercialism in world history -- which is one of the reasons I’ve never understood all of the consternation respecting saying ‘Merry Christmas’: Christmas is a secular event in America, always has been -- it’s not a religious holiday, unless you worship at the altar of Macy’s or Montgomery Ward . . . and perhaps you do), I think it’d be appropriate to the season to produce a review of a couple of Christmas albums that have been released this year, and then some.

My whole family loves ‘The Voice’ on NBC; consequently, I watch ‘The Voice’ on NBC, usually while doing other things, like ironing. (I iron my jeans.) The Voice has propelled the career of Blake Shelton more than any other artist who has appeared as a coach for the contestants. Blake Shelton is a pretty good country singer; but, most of his albums are uneven. And, his last album suffered from this disabling factor, as well; though, it was his best album by a wide margin. But, Blake is personable and funny; and, for those unfamiliar with the life of the American South and Midwest, I’d guess that he’s consistently interesting, because his perspective is relatively unique. His participation on The Voice has vaulted his career’s striving into a stratosphere lacking want. He now has the widest and most significant pop culture cache of any country musician today, including his wife (who is a better musician) and even those country stars who are far superior musicians and who have made some strides in cultivating themselves as celebrity personalities (like Brad Paisley). So, what else would Blake do in these halcyon days, but release a Christmas album.

Shelton’s ‘Cheers, It’s Christmas’ seems to be sort of a cheeky, British-style title for a Christmas album, unless he’s thinking of what you’d say before toasting hot toddy glasses. This album is unique in that there are a good number of original tracks (always a plus for Christmas albums); it is non-unique in that there a number of guest appearances -- but, those are pretty well-choreographed. Of the new songs, I thought that ‘Oklahoma Christmas’ (where Blake’s from) and ‘Santa’s Got a Choo Choo Train’ are the standouts. His cover of ‘Jingle Bell Rock’, in duet with wife Miranda Lambert, is good; but, the cover of ‘Blue Christmas’ (one of my particular Christmas favorites) with Lambert’s group, the Pistol Annies, is better. I like the country fusion ‘Winter Wonderland’. Blake attempts to turn the Christmas party into a slow, sultry jam in some places, and I think it works best for ‘Let It Snow! Let It Snow! Let It Snow!’ and ‘Silver Bells’ (a duet with Xenia -- no, I didn’t know who she was, either; but, I like her voice). Writing new Christmas songs, making love to old ones, coupling with numbers of guest stars . . . these things and more are at your disposal as a coach on NBC’s The Voice. I’ll spring for 3 ½ Jingles out of 5 for this record.

CeeLo Green (or as LCL’s Barbara Bowe calls him: Cecil Green) is another Voice judge, whose career has received a boost from his participation on the show -- though, he was doing just fine on his own . . . but, not fine enough to feel uncompelled to drop his own Christmas album, ‘CeeLo’s Magic Moment’. Now, even though country music is often the most overtly religious form of music on the American scene, country and Christmas usually don’t work well together (one rare exception: Alan Jackson and Alison Krauss’ ‘The Angels Cried’) -- which, I suppose, supports my view of Christmas in America. For that reason, I was surprised to find that, overall, I like Blake Shelton’s Christmas album better than CeeLo’s. But, CeeLo’s hits higher highs. The first track, his cover of Stevie Wonder’s ‘What Christmas Means to Me’ (which you may have heard on J.C. Penney commercials), is (and I can’t believe I’m saying this), in fact, better than the original. Another standout track is his soulful rendition of ‘Run Rudolph Run’, which adds some depth of feel to (and is also better than -- Oh, My God, What Is Happening To Me???) a particularly thin Chuck Berry original version. His cover of Bing Crosby’s timeless ‘White Christmas’ is a very good, if very obvious, choice. His cover of Joni Mitchell’s ‘River’ is an unexpected treat; but, I know from The Voice that Ceelo has good taste in music. I appreciate CeeLo’s intermingling of Thurl Ravenscroft’s ‘You’re a Mean One, Mr. Grinch’, with some spoken word reading of his own; but, you’re either gonna love his version or hate it for that. He’s also got a song with the Muppets called ‘All I Need Is Love’, which is not really much of a Christmas song, but which is catchy, if very lite. His cover of ‘Merry Christmas, Baby’ is quite good, despite its featuring Rod Stewart, who has been selling out for longer than I’ve been alive. Overall, it’s a decent album, with one excellent, and some very good, tunes. I’ll give it 3 Jingles out of 5.

Blake and Ceelo, though, are not the only Voice coaches with Christmas albums. Christina Aguilera, the lone lady judge on the show, has come out with a Christmas album, too . . . in 2000. ‘My Kind of Christmas’ is a record that my wife loves, so I’m including it here. Now, I’m not into the dance-pop-techno thing; and, this album is a mixed bag for me, with most of that mixed bag consisting of coal, less the forthcoming diamonds; but, even I have to admit that laying down a spoken word version of the Lord’s Prayer in the middle of her cover of ‘Oh Holy Night’ is pretty badass, if the Lord would permit me to say so. That’s something Johnny Cash would do, even if he’s not as much in love with his own voice as Ms. Aguilera is. ‘Christmas Time’ has a catchy hook. Of the remaining album, the other songs I enjoyed, marginally or otherwise, are ‘Angels We Have Heard On High’, ‘Merry Christmas, Baby’ and ‘This Christmas’. I can see how some people would dig this; but, it’s not my scene. 1 ½ Jingles out of 5.

(It would be an interesting exercise to compare the versions of ‘The Christmas Song’ that all three artists sing, to see which one you like better. Though, I won’t poison your own judgment with one more of my many opinions.)

Fortunately, Adam Levine and Maroon 5 do not have a Christmas album . . . because they are horrendous, like a crappier version of Train, if that’s possible. (Don’t believe me? Listen to their dreadful cover of John Lennon’s ‘Happy Xmas (War is Over)’.) Consider that, officially now, your last Christmas present of 2012. So much so that there are -2 ½ Jingles out of 5 in the offing.

New IRS Penalty Could Impact Attorneys Who Accept Credit Card Payments

noreply@blogger.com (Heidi Alexander) — Thu, 20 Dec 2012 21:06:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we address a new IRS withholding penalty that may impact attorneys who accept credit cards in their law practices.

Read the tip here.

How to Increase Your Twitter Following

noreply@blogger.com (Jared Correia) — Sat, 15 Dec 2012 04:00:00 +0000

Recently, the American Bar Association’s Legal Technology Resource Center published an excerpt from my new book, ‘Twitter in One Hour for Lawyers’, through its Law Technology Today blog. In the post, which you can read here, you’ll find me talking about some of the niceties of getting followed and following back on the Twitter. If you like what you read, you can read the rest, by picking up a physical copy of my book from the ABA website, or a virtual one, through iTunes. If you like what you see from the Law Technology Today blog, know that you will find regular posts appearing there from both Rodney Dowell and our latest addition here at LOMAP, Heidi Alexander.

. . .

Liner Notes

If you’ve ever wondered what it would be like to go on a road trip with Rodney and I, you needn’t wonder any longer: we drove up to Maine last week for a day-long conference presented by the Maine State Bar Association, Assistance Program for Lawyers & Judges and Board of Overseers of the Bar -- the last organization being very clearly enamored with prepositions. It took us a little while to get up there, because Rodney was driving; so, we had some time to listen to some tunes.

Here are selected items from our playlist, for your enjoyment:

Rodney was listening to some Chris Isaak, the ‘Heart Shaped World’ album in particular, which you’ll all know features the big hit ‘Wicked Game’, of which you can watch the video here. Other attractive selections from that album include: ‘Don’t Make Me Dream About You’, ‘I’m Not Waiting’, the title track ‘Heart Shaped World’, ‘Forever Young’ and ‘Wrong To Love You’. Rodney has seen Isaak live at Red Rocks. No word on whether sons Jacob or Esau were there. I think Chris Isaak has a similar sound to Roy Orbison; and, you’ll all know how much I love Roy Orbison.

I have been on a Stephen Stills kick of late. I celebrate the entire Stephen Stills catalogue; and, for all his success, I still consider him underrated, especially for his solo stuff. Rodney happened to have the Buffalo Springfield boxed set on his iPhone, which is an album you should really pick up. If you’re looking for deep tracks from my dog Stephen, check out: ‘Johnny’s Garden’, ‘Bumblebee (Do You Need a Place to Hide?)’ (early partial demo of ‘The Love Gangster’), ‘Sugar Babe’, ‘Jet Set (Sigh)’, ‘Sit Yourself Down’, ‘To Mama from Christopher and the Old Man’, ‘Buyin’ Time’ and ‘Guaganco de Vero’.

Alan Klevan, riding separately, informed me that ‘Jackie Blue’ (by the Ozark Mountain Daredevils, which artist I couldn’t remember) had come up during an entirely eclectic session that he had shared with his iPod on the lonely drive up through Vacationland.

Writing Requirement: As of January 1, Written Fee Agreements will be Required in Most Cases

noreply@blogger.com (Jared Correia) — Fri, 07 Dec 2012 16:43:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we address some important coming ethics rules revisions that will affect most attorneys and law firms in Massachusetts.

Read the tip here.

Alexander the Great: LOMAP Hires a New Practice Advisor

noreply@blogger.com (Jared Correia) — Fri, 30 Nov 2012 15:44:00 +0000

People like free stuff, which is great for the people -- but, sometimes, not-so-great for the free stuff. As LOMAP takes on more and more clients, and continues to work with its existing clients, our staff gets stretched ever-thinner, attempting to effectively manage a fast-growing caseload. In determining that a couple more hands on deck would go a long way to increasing our responsiveness, we have recently hired a new practice advisor, Heidi Alexander. You can learn more about Heidi at our website, via her LinkedIn page and through her Twitter account -- and, probably other places, too: she’s all over the web, like spider(wo)man. Sure, I could have written a full-scale introduction of Heidi; but, I was loathe to rob her of the opportunity to draft a third-person account of who she is, which sort of account she relays below. Plus, since Heidi has contributed our main blog post this week, I won’t have to do one, and can now finally go out and catch the new Lincoln movie, clothed not in jeans and a t-shirt -- but, rather, in immense power.

. . .

Ice hockey goaltenders are one unique breed -- they’re quirky, mentally tough and brave, and have a strong work ethic. LOMAP is fortunate to now have one playing for its team. Engrained with the goalie mindset, our new law practice advisor, Heidi S. Alexander, never backs down from a challenge. Heidi will meet with and advise lawyers on all law practice management issues, make presentations to the local legal community, contribute to publications (like this one), and help to review, advise, and implement new law office technologies. Although she is being forced to write this piece on a PC (her new iMac and iPad are yet to arrive), Heidi will be our go-to advisor for all Apple-related technology products. (You hear that? Ask Heidi all your Apple questions. -ed.)

Heidi is a native Minnesotan (hence the ice hockey), who migrated east to attend Amherst College. She liked the eastern folks and folkways so much that she established residency on the East Coast, and gave up part of her birthright: the Minnesota accent; but, don’t worry, she’s still got that Minnesota nice working for her. Early in her career, Heidi worked with entrepreneurs on all aspects of business startup and management at a regional nonprofit business assistance organization, the Center for Women & Enterprise. (Sound familiar? -ed.) She attended Rutgers School of Law, where she was the editor-in-chief of the Rutgers Law Review. Following law school, she clerked for a justice of the Supreme Court of New Jersey and practiced employment law and litigation at a small Boston-based firm, before starting her own solo practice and web consulting business. Heidi has consulted with solo and small firms on internet marketing techniques, implementation of new technologies, and the use of productivity tools.

When she’s not at her computer or other mobile device (which is not often), she’s doing the opposite and exploring the great outdoors by hiking, biking, or snowboarding. She also has a soft spot for charitable work, and tends to commit much of her spare time to those activities.

. . .

Minnesoter Liner Notes

“Blowin’ in the Wind” by Bob Dylan

(Note: My grandparents, now deceased, were Bob Dylan’s godparents; “Blowin’ in the Wind” was the first song I learned how to play on the guitar.)

“Just a Girl” by No Doubt

“Summertime Clothes” by Animal Collective

“Walk with Me” by Moby (and, really, anything by Moby)

“The Sporting Life” by The Decembrists

“Live It Out” by Metric

“The Kissaway” by Mates of the State

“Straight Up” by Paula Abdul

“My Name is Prince” by Prince (first cassette single I ever owned) (Of course, you’re from Minnesota. -ed.)

“House of Cards” by Radiohead

“We Didn’t Do It” by Tegan and Sara

“Gotta Have You” by The Weepies

“The Night Starts Here” by Stars

“How They Want Me To Be” by Best Coast

“100%” by Chromeo

“Zero” by Yeah Yeah Yeahs

“Little Lion Man” by Mumford & Sons

“Rocky Raccoon” by The Beatles (Glaring omission by a Minnesotan. -ed.)

“Touch ‘Em All” by Pat Donohue (And, Heidi claims to have been at the 1987 and 1991 World Series. -ed.)

“Regulate” by Nate Dogg & Warren G (It’s no longer the g-funk era; but, What the hell. -ed.)

What NOT To Do On Twitter

noreply@blogger.com (Jared Correia) — Wed, 21 Nov 2012 05:15:00 +0000

Before, during or after you’re chewing on your Thanksgiving turducken, chew on this: the Top Ten Things not to do on Twitter, which I got published to the American Bar Association’s Legal Technology Resource Center’s Law Technology Today blog, back in August. Remember August? It was much warmer back then. Good times.

Happy Thanksgiving, everyone.

. . .

Liner Notes

Let’s do some songs about thanksgiving (lower-case; there aren’t as many Thanksgiving songs as Christmas songs, you know):

“Thank You” by Led Zeppelin

“These Are the Good Old Days” by Roy Rogers

“Thank You (Falettinme Be Mice Elf Again)” by Sly & The Family Stone

“Thank God I’m a Country Boy” by John Denver

“Thank U” by Alanis Morissette

“A Satisfied Mind” by Johnny Cash (version)

“Thank You Girl” by The Beatles

“Thanks for the Pepperoni” by George Harrison

“Kind and Generous” by Natalie Merchant

“Thank You for Being a Friend” (‘The Golden Girls’ Theme Song)” by Cynthia Fee

Accessing Power Off the Grid: In the Event of a Blackout . . .

noreply@blogger.com (Jared Correia) — Sat, 17 Nov 2012 02:59:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, I’m gonna tell you what I did during Superstorm Sandy.

Read the Tip here.

The Bird Anomaly: Coaching Up Your Staff

noreply@blogger.com (Jared Correia) — Sat, 10 Nov 2012 04:04:00 +0000

In the National Basketball Association, less formally known as the NBA, it’s a general rule that great players make poor coaches, witness: Bob Cousy (player/coach); Magic Johnson (player/coach); Dave Cowens (player/coach); Kurt Rambis (player/coach) . . . wait, I said great players. Rambis sucks. Heck, Kareem Abdul-Jabbar can’t even get a pro coaching gig. And, that’s just Celtics and Lakers players. There are, of course, exceptions to this rule, as well: Larry Bird’s coaching career with the Indiana Pacers was very successful; but, then, of course it was: Larry wins at everything. Bill Russell, too, as player-coach of the Celtics, enjoyed success, winning a title in 1968-69; but, Bill Russell was the greatest winner in the history of professional sports. Even so, the vast majority of great players who become coaches flame out, often spectacularly. One theory that has been advanced is that great players don’t understand/don’t know how to cope with failure; so, consequently, they cannot coach other, less talented persons through those teaching moments. This argument is buoyed by the fact that less successful players are often more successful coaches, potentially because they can direct others through times of struggle, due to their own particular experience. The litany of crappy NBA players who have become good coaches is numerous, with Phil Jackson (player/coach) probably being the exemplar for that class of individual. (Of course, crappy players can also become crappy coaches. I’m looking directly at you, M.L. Carr. And, college coaches generally make for spectacular failures in the NBA. Rick Pitino is not walking through that door -- neither is John Calipari, for that matter. But, none of this is making my point . . .)

The NBA, being the most like an individual sport of all the team sports (fewer team members; more isolation play(s), etc.), means that the NBA player-turned-coach is most analogous to the solo attorney-turned-employer/managing partner. To be a successful solo attorney, you probably have to believe that you’re pretty darn good at what you do: you’re a superstar -- at least, in your own mind. But, What happens when you become so successful that you need to hire staff, whether secretaries, paralegals or associates? Will you be able to recognize others’ weaknesses and help to convert those to strengths? Or, Will you be unable to tolerate weakness, when you’ve worked very hard not to make any recognizable in yourself, in order to project the appropriate image of professional confidence? Again, this is likely the main reason that all those superstar NBA players have failed so miserably as coaches of other players: because they couldn’t tolerate the shortcomings in others that they never saw in themselves. Consequently, they could never ‘coach up’ any of these ‘lesser’ players.

Now, if you want to become an effective manager after starting up as a solo entrepreneur, it will take more than teaching your staff the execution of an effective pick and roll -- though, it would be pretty awesome if you held drills in your office. Fortunately, there are some other things you can do to teach yourself to more effectively manage your new hires:

Develop Empathy. Lawyers get paid to be cold and calculating. The touchy-feely cannot often intrude. Of course, you don’t have to be a weepy tub of goo to be empathetic. The prerequisite for having empathy is to understand another’s feelings/position. If you have an understanding of where someone is coming from, it is far easier for you to help them on the way to where they need to go.

Understand Your Own Systems. One of the chief frustrations of staff in a law firm setting is frustration relating to a haphazard collection of systems, or a misunderstanding of applied systems by management personnel. There are many attorneys who rely entirely on staff, or junior attorneys (especially in this economic climate), to establish and run systems, especially technology-based systems, for the office. However, this is a poor management decision; not only should you not be relying so heavily on staff to run your business, it is ultimately a question of competency, if your lack of understanding of your own systems prejudices your ability to serve your clients. So, implement and know your own systems, even where you allow staff to manage updates and the majority of data input. Your people will become more invested, seeing that you’re more invested.

Create Clear Instructions. There’s nothing worse than an amorphous assignment; this is especially true when you don’t even quite know what you want . . . because, then, how can your staffperson divine it? This is another obvious source of frustration for law firm staff, and a clear hindrance to effective training. It’s almost inevitable, if your instructions and desires are not clear, that you will not get exactly what you want, which is likely to lead to at least some level of bad feeling between you and your staff. So, take some time to think about what you really want out of a project. Then, be clear, and concise, about what you want, in communicating it to your staff. If it helps, relay the assignment orally, and follow up with an email respecting particular tasks/steps. The email serves as documentation for the process, and as a useful guide for your staff in moving forward. Not that you should be a micromanager -- but, you should work to create expectations, and the understandings engendered through same.

Treat Mistakes as Teaching Moments. Nobody’s perfect, not even you. Mistakes are going to happen; and, the worst thing you can do is to blow up about them. If you want to guarantee that mistakes will continue, you should absolutely berate your staff after each one occurs, so that they’re good and pissed off and resentful, or too frightened to ask you another question, ever again. Consider mistakes to be teaching moments. Along with the offending staff member, try to get to the bottom of how the error occurred, so that you can highlight a change in the part of the process that needs to be corrected. Use the mistake as a method for building your staffperson up, rather than tearing him down. Assure the person of the general quality of their work, explain the importance of correcting the mistake and reiterate that if any questions come up, or if that person is unsure about a process, that he should not hesitate to ask. In addition to opening lines of communication, and buoying the staffperson’s spirts, you’re underscoring the importance of eliminating errors (and) moving forward. The commission of continual mistakes that could/should be avoided eventually leads to travel down another route; but, the question of when and how to release underperforming employees is a subject for another day.

Utilize a Team Approach. As I’ve alluded to earlier, part of training and coaching your staff is getting them invested in your business, if not monetarily, at least by way of the establishment of an esprit de corps. In that vein, you’re far better off treating the grouping of you and your staff as a team, rather than establishing your own little fiefdom, inclusive of you and your worker bees. Work closely with your staff on projects, when required, and involve your staff as much as you are able at the intersections of your work product and theirs. Introduce your team to your clients; not only will this make your staff feel more involved in the process, if you’re a solo, it can also ease your client’s concerns respecting the most common objection to that sort of practice: you’re just one person. Your staff, especially those who answer the phone, often serve as your public face (or, at least, your public voice); so, you don’t want them to feel excluded from the business they advertise. The more you involve your staff, the more likely it is that they will express their gratitude in the ways in which they engage your clients. If you can convince your staff of the value of their work, and also show them how their contribution adds to the whole, you’re liable to have happier workers, who are truly concerned for your success, and by extension, their own. And, ultimately, self-interest is a pretty darn good motivator, as well.

Be Transparent. Part of involving your staff in the life of your firm includes making appropriate information disclosures to them. Discuss the well-being of your firm with your staff. If you’ve had a down quarter (and, people will know), reassure them. If you’ve had an up quarter, congratulate them on their hard work. Educate them about business cycles. Hold semi-regular staff meetings; but, don’t spring them on your people at the last second; respect others’ schedules. Set a date, time and place, and create and distribute an agenda. Give your staff a forum to address their concerns, and to engage in an open discussion. If you’re selecting a new technology product for use in the firm, don’t just make the announcement, and expect everybody to get up to speed on the double quick; instead, involve your staff in the process of selecting the program: assign certain, suited staff to beta test options, allow your staff to gather input for choosing a program, identify power users and set them up to train the remainder of the staff and/or make a staff member the official contact for product support. The more open and honest you are, the more you make your staff feel as though they are an integral part of your operation, which, by the way . . . they are.

Of course, on occasion, you’ll make a hire that just doesn’t work out, despite your best efforts. In that case, you’ll have to let someone go, and you should do so quickly, once you realize that the fit just isn’t there, rather than letting things linger, and making the decision, and its execution, even more difficult. However, if you use some of these techniques, to lead effectively, and to teach in a constructive manner, it won’t be for lack of trying.

. . .

Baseliner Notes

Please enjoy some dope highlight of Larry Legend, as follows:

-abusing Xavier McDaniel (the X-Man Goeth)

-D’ing up

-winning the third of three consecutive All-Star Game three-point shootouts

-going crazy in Game 6 of the 1986 NBA Finals

-lighting up the Blazers in his last great regular season performance

-abusing the Cavaliers, almost exclusively from the top of the key, in his second to last postseason game

-crushing Bill Laimbeer’s dreams

-rumbling with Dr. J and Moses (and Laimbeer can get some, too)

-proving that even three defenders are not enough

-scoring 60 points against the Hawks; the Hawks bench celebrates the accomplishment

-throwing down in a video game (no actual footage available online) (though, still finishing as runner-up, in the ‘white guys dunking in video games’ category, to Tom Chambers)

-helping Chuck Person to get some early work in on his offseason golf game

-experimenting with his off hand

. . .

There are even songs about the Basketball Jesus. Of course there are.

“Just Like Larry” by Dispatch

“Indiana Has a New State Bird” by Thomas W. Montgomery

. . .

And, just in case you thought Larry’s skill set only extended to playing and coaching, he also recently presided over the resurrection of the Indiana Pacers, before stepping down from his executive position with his team.

Guest Post: Lawyers Doing Business in Massachusetts: Must I File a D/B/A?

noreply@blogger.com (Jared Correia) — Fri, 02 Nov 2012 19:45:00 +0000

Today, we’re pleased to publish a guest post from Boston attorney Sofia Lingos, who represents small businesses and entrepreneurs, as the principal of the Lingos Law firm. Sofia is also an adjunct professor at the Northeastern University School of Law. For more information about Sofia and her practice, visit her bio page at her website, as well the section of her website describing her firm’s legal services. Sofia, below, will provide the answer to a frequently asked question we receive here at LOMAP: Whether and when should an attorney file a d/b/a? If, after reading Sofia’s post, you determine that you have you have further questions, or more intricate needs, Sofia has been kind enough to offer to her new clients, who are also LOMAP clients, a 15% discount for a flat fee engagement or $50 off per hour for an hourly engagement. Sofia may be contacted via email at info@lingoslaw.com, or via phone at (617) 695-0009.

. . .

There are a number of different forms under which a law firm can operate in Massachusetts. Some considerations, for making the determination of which entity to choose, include: liability protection, tax treatment, administrative cost and internal organizational structure. Some of the myriad options for law firm corporate structures include: the sole proprietorship, the general partnership, the professional limited liability company (“PLLC”), the professional limited liability partnership (“PLLP”) and the professional corporation (“PC”). When forming a PLLC, PLLP or PC, you must register with the Commonwealth’s Secretary of State’s Office, in order to create an entity separate and distinct from yourself.

“Doing Business As” (D/B/A)

Though it’s a less formal process than registering for corporate status of some kind, the general rule is that sole proprietorships and general partnerships must register under Massachusetts General Law Chapter 110, Section 5 for a “doing business as” (D/B/A) certificate with the office of the clerk in every city or town where an office of the entity is located. That being said, each city and town regulates its own D/B/A registrations, and you should contact the clerk in your area to confirm the requirements. (There are only approximately 350 different City Clerks’ Offices in the Commonwealth . . .)

The Statute: Massachusetts General Law Chapter 110, Section 5

The specific language of the Statute reads, in pertinent part, that, “any person conducting business in the Commonwealth under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file . . .”. Up for interpretation is the definition of “real name”. Unfortunately, there is no case law interpreting this requirement; so, I went to the source: the all-knowing and experienced City Clerks’ Offices, where staff routinely accept and reject applicants and enforce business regulations. I posed this question to 5 separate city and town Clerks’ Offices: “If an attorney is operating a practice as Sofia S. Lingos, Attorney at Law, where my full legal name is included in the name of the business . . . Must I file a D/B/A?” The answers were relatively uniform, with one dissent.

A Sampling of Certain Massachusetts Cities and Towns

In Boston, the response was, “If you were Michelle Pfeiffer, and created and sold hats under the name ‘Michelle Pfeiffer’s Hats’, you would have to file for a D/B/A; so, yes, as an attorney conducting business, you must file.” Cambridge concurred, that filing was necessary, with the additional caveat that: it is not just a legal and licensing matter, but is related to consumer affairs, and the question of whether clients have access to all of the required information concerning a person with whom they are doing business. (Sound familiar?) From Acton, I received confirmation of the requirement for filing; but, the Acton office staff noted that there was no agency responsible for enforcement. Worcester, too, assented to the majority position, with the added consideration that filing would likely be a prerequisite for opening a business bank account (though, in my experience, an Employer Identification Number (EIN) has been adequate -- and, that’s free to get).

The Exception

Then, there was Andover. Andover is the perfect example of why you must contact your city or town to ensure that your business is compliant with their regulations. In Andover, obtaining a business license is a two-step process. One must first obtain a letter of clearance from the Zoning Board. “But I operate out of my home . . .” you say. That is immaterial; and, there’s even an online form specifically for you. Once you are approved by the Zoning Board, you must then go to the City Clerk’s Office, where you can execute a short form, which the staff there would be only too happy to notarize. However, if you are operating under (Your Name), Attorney at Law . . . then, the Clerk’s Office personnel indicated that you do not need to obtain a D/B/A. You must file only if you are using a name that is separate and distinct from your own. (The Andover Clerk’s Office staff was unable to point me to any source that states this position definitively.)

So, do you need to file a D/B/A if you’re using your real name in commerce? It may just depend on where your business is located.

The Logistics

In order to file for your D/B/A, you must ensure that the proposed business name is not already in use. Some cities and towns, like Boston, may have a D/B/A database; but, where information is not available online, you’ll need to call, or make a physical appearance at, the appropriate Clerk’s Office. Cities and towns also vary as to whether or not they post their D/B/A application forms online. The application form is usually one page, featuring requests for basic information, including: the name of the business and the owners of the business, the type of business, the address of the business and other contact information. The application must be notarized.

The cost for filing seems to vary from approximately $20-$50 (though, according to Massachusetts General Law Chapter 262, Section 34 (20), the filing fee could be as low as $1), depending on the city or town; the application is valid for four years. More importantly, the fine for NOT filing for the appropriate license can be up to $300 per month for the time period during which the violation is occurring. For the nominal fee and minimal effort required to obtain a business license, the argument in favor of procuring said license far outweighs the cost.

. . .

For more on entity choice, listen to Sofia’s podcast on the subject, also featuring Chiara LaPlume, another guest author on choice of entity issues for the LOMAP Blog. Our general resources post, covering choice of entity for lawyers, is available here. Finally, you can access Sofia and Chiara’s fantastic grid/chart, respecting features of the chief options for law firm entities, and their general resources guide, here.

Not Debatable: Everybody Wins When Lawyers Go Pro (Bono)

noreply@blogger.com (Jared Correia) — Fri, 26 Oct 2012 20:13:00 +0000

There’ll be two things you’ll need to know about me before we proceed:

Thing 1: I was a collegiate debater. Lincoln-Douglas was just about my style. I was pretty good, actually. People compared me to a young Dave Trumble, right down to an affinity for the plaid. But, my team was even better: we were the national runner-up in 2000, losing the national championship by one point. I’ve helped the team to the extent I’ve been able since I graduated college; and, the Saint Anselm College Jack Lynch Invitational Tournament is next weekend. . . . But, I digress.

Thing 2: When I was in practice, I always tried to involve myself in pro bono activities, including those related to performing substantive legal work, sitting on a couple of non-profit boards and even engaging in non-legal charity endeavors. Like the vast majority of attorneys, I felt that it was the right thing to do, even given the long hours that most lawyers put in at the office/working on for-profit matters.

This is National Pro Bono Week, and the National Pro Bono Celebration website is chock full of useful and inspirational stories about pro bono involvement. Of course, the prevailing economic situation makes it difficult for anyone to live comfortably any longer, and so it is particularly impressive to see that lawyers still strive to profit from a number of quality pro bono projects, like these.

So, What was all that introductory matter about? Well, it speaks to the importance of attorneys’ charitable work; but, it also underscores the point that pro bono work for lawyers need not all be substantive legal work.

To that end, you may consider giving back by volunteering to coach a high school team, or to judge at tournaments, for the Boston Debate League, a non-profit organization that endeavors to promote the creation and growth of debate teams in local schools, in order to offer disadvantaged students a better chance at future success, including improved odds at getting into, and successfully completing, college. As I referenced, I was a collegiate debater, and have remained involved with the team (from assisting with research questions, to talking about strategy with current team members, and judging tournaments), across the *>ahem<* years, since I graduated from college myself. And, I can tell you that coaching and judging can be as intellectually stimulating and rewarding as debating yourself. The Boston Bar Association has created a strategic partnership with the BDL, and further information for persons interested in volunteering for the BDL is accessible here. The most immediate need for the BDL is the acquisition of judges for their weekend tournaments, since there are so many schools to accommodate as participants, and consequently a good number of rounds to judge. No experience is necessary to become a judge, just a willingness to participate--though, lawyers will find that many of the skills that debaters wield are similar to those that lawyers utilize in their day-to-day practice lives.

. . .

Liner Notes

I think that, given the preceding topic, we should cover some songs that involve debating, if not formally; so, these are some story songs featuring plying arguments, disagreements, and more of that sort of generalized back-and-forth:

“We Just Disagree” by Dave Mason

“It Wasn’t Me” by Shaggy

“Argument with David Rawlings Concerning Morrissey” by Ryan Adams

“Argue” by Matchbox 20

“We Can Work It Out” by Paul McCartney

“Sometimes Always” by The Jesus and Mary Chain

“Maybe You’re Right” by Cat Stevens

“You May Be Right” by Billy Joel

“As I Sat Sadly By Her Side” by Nick Cave and the Bad Seeds

“We Better Talk This Over” by Bob Dylan

“Opposites Attract” by Paula Abdul and MC Skat Kat

“Paradise by the Dashboard Light” by Meatloaf

“I Don’t Like You” by Bo Diddley and Cornelia Redmond

“Fairytale of New York” by The Pogues and Kirsty MacColl

“Jackson” by Joaquin Phoenix and Reese Witherspoon

“I Got a Man” by Positive K

“Parallel Bars” by Robbie Fulks and Kelly Willis

“Stop Draggin’ My Heart Around” by Stevie Nicks and Tom Petty and the Heartbreakers

“How Could You Believe Me When I Said I Loved You When You Know I’ve Been a Liar All My Life?” by Fred Astaire and Jane Powell

“Picking Up After You” by Tom Waits and Crystal Gayle

Incidentally, there are two movies about debate that I have seen: “Listen To Me” and “Rocket Science”, neither of which are very good, and both of which are completely unrealistic: kind of like lawyer shows . . . Am I right?

Interrogatories: Direction for Ethics Queries

noreply@blogger.com (Jared Correia) — Fri, 19 Oct 2012 17:01:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we’re telling you how to get to answers for your ethics questions.

Read the Tip here.

Guest Post: A Primer on Group Employee Benefits for Small Firm Law Offices

noreply@blogger.com (Jared Correia) — Sat, 13 Oct 2012 03:15:00 +0000

Since we, fairly regularly, get questions from clients on the subject of employee benefits, I’d say it’s high time we called in someone with expertise to offer baseline information on the subject. Enter David Ten Eyck. David is an insurance veteran with over 25 years of experience in the review and placement of group health, life, dental and ancillary benefits. He is the principal of Ocean Employee Benefits (formerly Ten Eyck Benefits Group) in Newburyport. Ocean Employee Benefits strives to ensure that programs are compatible and consistent with the particular human resources and financial philosophies of the firms with which it works. To learn more, visit the company website. Below, David offers a broad overview of employee benefits options.

. . .

Overview

Opening a law practice requires that much thought and effort be expended in a number of important areas. Early on, the principal should look at commercial insurances and job-related compensation and benefits. The addition of employee benefits to the total package of employee compensation began years ago, as a means for employers to attract and retain quality employees to their businesses. Today, benefits have become extremely important to potential employees (and their families), when they consider employment with a particular law firm. Benefits should also be important to principals of companies who wish to build a loyal, effective workforce. Researching, analyzing and marketing employee benefits can be a complex endeavor, given that there are a wide range of things that can potentially be covered, including some instances where coverage is mandated.

Medical, dental and life insurance are considered to be the most important benefits, according to the majority of employers and employees; and, these top three are followed by short and long-term disability, pensions, accident insurance, and then a range of voluntary programs.

Starting with a group census (name, DOB, family status, wages, waivers) of your full-time employees (30 or more hours/week), you, your independent broker or other intermediary, can work with you to target what types and levels of benefits you wish to offer. Quotes can then be obtained from insurance carriers based on your budgetary goals. Additional options may also be available to small employers, including a broader choice of carriers and health plan alternatives, including those accessible via industry or association groups.

Group Medical Insurance

Group medical insurance is probably the most important building block of an employee benefits plan, and is made up of a mix of benefits for, among other things: (i) doctor visits; (ii) hospital stays; (iii) prescription access; (iv) medical screenings; (v) surgical consults and surgeries; and, (vi) many other inpatient and outpatient medical services, depending upon the plan of coverage purchased. In Massachusetts, residents (with minor exceptions) must be enrolled in a medical benefit program meeting minimum creditable levels of coverage. Failure to have health insurance coverage would result in personal tax penalties from the state.

Insurance company claims payments can be made by indemnity or based on what is usual and customary for that service. Enrolled subscribers are often responsible for copayments and/or deductibles for a range of services. The major health insurance carriers for Massachusetts include both non-profit (Blue Cross-Blue Shield, Tufts, Harvard Pilgrim) and commercial carriers (Aetna, United Health Care). Carriers offer networks of doctor and hospital providers, which can be closed (HMO) or open (PPO). In-network providers agree to offer services to subscribers at agreed-upon financial terms. It is important to know which doctors and hospitals are included in a carrier’s network before enrolling, because providers outside of a subscriber’s network often receive a reduced benefit payment from the carrier--meaning the subscriber would be responsible for a larger percentage of the payment for service. Combination, or side-by-side, networks can be utilized where services are required in and out of HMOs.

Other things to consider when selecting a provider include: (i) copay amounts; (ii) deductibles; and, (iii) coinsurance. It is important to note that there are a number of tax-advantaged arrangements available, where premiums can be paid with pre-tax dollars, including, for example, Section 125 plans. Both the Insurance Partnership of Massachusetts and the Commonwealth Connector provide referrals to programs that can be cost-effective for small firm employers.

Dental Insurance

Dental insurance is an increasingly popular employee benefit. Dental health is now seen as being closely related to the general physical health and well-being of the individual. Dental benefits are typically broken down into the following elements: (i) preventative work, including routine cleanings and visits; (ii) minor restorative work, including fillings; (iii) major restorative work; and, (iv) orthodontia, including optional treatment. Recent, typical dental plan enhancements offered include: (i) unused benefit roll-over from prior years; (ii) higher annual maximums; and, (iii) teeth bleaching. Dental insurance programs are offered as: (i) employer-paid; (ii) voluntary employee-paid; or, (iii) they can be purchased on an individual basis. Major dental insurance carriers include: Blue Cross-Blue Shield, Delta Dental and Altus.

Group Term Life and Accidental Death Insurance

Group term life insurance does not offer cash value built up over time, but is, rather, ‘pure insurance’, that pays out to beneficiaries upon the death of a covered employee. Supplemental life and accident insurance can also be offered to spouses and children of employees as part of a voluntary program. The face value of a policy represents the amount payable on death; and, within group plans that amount is usually set as a percentage of income, or as a set amount per class of employee. Many features can be added to term life programs, including: (i) accidental death and dismemberment, (ii) accelerated payments; and, (iii) executive benefits. Cash value life insurance, a product type growing in popularity, offers employees enrolled the chance to build up some value in addition to receiving the benefits of pure insurance. Accidental death and dismemberment policies, often marketed as an addition to a group term life program, can provide important, additional coverage to an employee, and usually pay out at an amount equal to the death benefit, should the enrolled die as a result of an accident. Special trip, corporate and other additional accident programs are also available.

Short and Long Term Disability Insurance

This is an important part of an employee’s benefit program, and can provide a family with some measure of financial security in the event of disability. Often, a disability plan fills in a continuance of income, enabling the employee, or his or her family, to continue to pay critical bills, such as rent, mortgage and/or health insurance.

These group benefit plans are typically either short term or long term, though intermediate terms are also available. For short term disability coverage, there is an elimination, or waiting, period, after the occurrence of a disabling event, before the benefit will accrue. There are also, of course, benefit duration limits. Most coverage is limited to 13 to 26 weeks of payouts. Long term disability coverage is designed to take up where short term disability coverage leaves off. These plans feature elimination periods, too, as well as durational restrictions--but, most plans will pay out until the beneficiary turns 65. Underwriters are often cautious when it comes to issuing disability insurance, especially long term disability, due to concerns over malingering, extended claim periods, return to work requirements and rehabilitation periods, among other things.

Other Coverages

There are a number of coverages, beyond the chief options addressed above, that employers can offer their employees, including: long term care insurance; vision care; daycare; adult care; employee assistance programs; pre-paid legal insurance; and, pet insurance.

. . .

It is a difficult thing for small business owners to balance the financial costs of providing benefits to employees against the positive effect that the offering of an appropriate benefits package will have for attracting and retaining good employees. But, if that balance can be effectively achieved, and maintained, it will inure to the significant benefit of the firm, over time.

Communication Breakdown: The Two Things You Can Do on Twitter

noreply@blogger.com (Jared Correia) — Fri, 05 Oct 2012 14:48:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we’re relaying an effective double-barreled technique for engaging on Twitter.

Read the Tip here.

The Chrometa’s Running: Upgrades Aplenty for Time-Tracking App

noreply@blogger.com (Jared Correia) — Wed, 26 Sep 2012 14:22:00 +0000

I’ve chosen to broadcast my one really good idea for the month of September through Attorney at Work. Yup, there’s only one . . . and they have it.

This month, I cover some recent upgrades to Chrometa, the time keeping app invented by the buffalo wing prince of Sacramento. Come for the information on Chrometa’s revised timesheets, and improved mobile access, stay for the Warren Zevon.

Read more here.

Liner Notes

You’ll all remember Neil Diamond; and, if you’re Massachusetts-local, you’ll know that they still play ‘Sweet Caroline’ during the seventh inning stretch at Fenway Park, even though the Red Sox suck now, and no one feels much like singing. But, do you remember Andy Kim, the Quebec-born rock god (that just sounds stupid), who reached #1 with his gigantic hit, 'Rock Me Gently'? Of course you don’t. (He co-wrote ‘Sugar, Sugar’, too, in case you didn’t know.) But, do you also not care to know that Neil Diamond and Andy Kim were separated at birth? Here are the facts. Facts.

Group Psychology: Focus Groups Can Help Attorneys to Launch Marketing Projects

noreply@blogger.com (Jared Correia) — Fri, 21 Sep 2012 18:51:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we’re focusing on a general business technique that is potentially useful for lawyers seeking to vet their marketing ideas.

Read the Tip here.

This post was inspired by David Rosen, a Boston estate planning attorney, who had, what I thought, was the brilliant idea to engage a focus group respecting his designing a marketing presentation.

Foundations for a New Practice; BBA + LOMAP Present CLE Series

noreply@blogger.com (Jared Correia) — Fri, 14 Sep 2012 13:59:00 +0000

It’s that time of the season again: the new association year begins for the bars; the denizens of LOMAP arise from a summer-long slumber/reverse hibernation; and, when everybody else decides, reluctantly, ‘well, yeah, I guess we have to start working again, too’ . . . worst time of the year, by far. The death of summer is always super depressing. I come close to not wanting to listen to Brad Paisley anymore, but still wear sandals through November, as a form of silent protest -- silent, that is, aside from my screaming pigs.

Fortunately, we got us some new programs to promote, in order to dull the pain some. I know that pimping our programming is not entirely ‘original blog content’; but, hey, cut me some slack: Putting together a curriculum is some time-consuming work. (Opi like this don’t just happen, you know.) . . . A curriculum you say, sir? Indeed, I did. Check it . . .

This Fall, the Boston Bar Association and LOMAP will present The ‘Foundations for a New Practice’ CLE Series. The programming series will feature six breakout sessions focused on particular aspects of starting a law firm. The free, introductory program will offer a collection of top tips, and features a fantastic panel consisting of practice founders, who will relay their best advice . . . so you don’t have to reinvent the wheel. (Did I mention it’s free?) From there, paid sessions will cover marketing, technology, financial management, practice management and business planning. Topics for these sessions have already been announced, and faculty will be posted shortly. This group of 3-hour CLE sessions will combine to cover the major components for establishing a law firm. Whether you’re thinking of starting a practice, or want to make the determination as to whether your prevailing practices are actually best practices, these sessions represent your entrepreneur’s bootcamp.

Making this program series even more attractive is the reasonable price point that has been established for the sessions. BBA members can attend all 5 paid sessions for $25 each. Law students can attend the whole shebang for a grand total of $35. Even non-members are only on the hook for a $175 flat fee rate for everything. You’d be hard-pressed to find a better value for 15 hours of targeted CLE.

If you’re still not convinced, attend the first session for free, and sign up for the rest only if you like what you hear.

To learn more about the sessions, visit the event page, where you can also register for the entire series.

If you are thinking of becoming a practice founder, or have recently become one, lay your foundation with us.

. . .

Liner Notes

If you’re looking for your weapon of choice, when it comes to celebrities (and/or their body doubles) going bleep-house in music videos, I’d say Christopher Walken is the diamond standard, as modeled by Fatboy Slim.

Christopher Walken has basically made a career of being really, very creepy. I mean, ‘The Deer Hunter’, the watch scene from ‘Pulp Fiction’, ‘Joe Dirt’ . . . well, maybe not that last one.

But, Christopher Walken is not just a guy who scares the living hell out of Johnny Depp and assaults colonial troops with a fervor not seen since Mel Gibson's attacks on the redcoats . . . he was able to parlay his skeevy, I-might-live-in-a-van vibe into some comedic roles, most gloriously on Saturday Night Live. I cannot mention his best SNL appearance here; but, rest assured that if you knew what I was talking about, you would think it was awesome, too. He was not-that-Bruce-Dickinson with the BOC in the ‘more cowbell’ sketch. He’s ‘the Continental’. He’s very forthcoming respecting census information.

Doesn’t this all make you want to buy a Walken Lamp? Now, don’t be stingy with your offer . . . you can use all that money you saved on the CLE series.

Doubling Down: More on Two-Factor Authentication

noreply@blogger.com (Jared Correia) — Fri, 07 Sep 2012 13:54:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, we’re talking about Dropbox’s adoption of two-factor authentication in the wake of its latest security blip.

Read the Tip here.

Hat Trick: FirmFuture Comes Around Again; Free Registration for LOMAP Blog Readers

noreply@blogger.com (Jared Correia) — Fri, 31 Aug 2012 16:13:00 +0000

The coming of Winter and the Fall of the year means one thing in New England: There’s another FirmFuture Conference in the offing. . . . Well, at least, that’s what it’s meant for the last two years . . . before that, it probably had more to do with the homespun goodness of a James Taylor, or warm maple syrup, both of which are similarly delicious. (Ah, simpler times!) But, if you want to access some of the best advice respecting leveraging technology for your law firm, and marketing your practice, FirmFuture’s right in your wheelhouse, much like a Josh Beckett meatball. (Piling on, I know.)

This year’s conference has nestled into a warmer spot upon the calendar; whereas the past two FirmFutures have taken place on December 1, the law gods have seen fit to bless us with a new date for this seminal event, which is now closer to the Summertime. (Watch it snow now.) This year’s FirmFuture will take place on Monday, October 1, 2012 from 8-2 at the Copley Marriott in Boston. But, the probably more favorable weather is not the only reason you should be looking to attend the new year’s version of FirmFuture. Presenters and topics include: Bob Ambrogi, on the effect of new technology on the practice; David White, on pimping your website; and, LOMAP’s own Rodney Dowell, on time management. But, that’s not all: for the full slate of speakers and programs, check out the FirmFuture Conference agenda, here. If you wish, then, to slake your legal technology and marketing jones, you should register for FirmFuture . . .

. . . Just don’t pay anything to go. Readers of the LOMAP Blog can attend FirmFuture for free by registering with the discount code: LOMAPGuest. Well, sure, you probably could have guessed that that was the code; but, we’re not interested in playing games here -- we’re just going to give it to you. What you might not have been able to guess, though, is that the discount code is only good for the next two weeks. So, if you want in for nothing, you’ve got until September 14 to register. Hopefully, FirmFuture will be in your future.

. . .

Liner Notes

‘Variations on Baker Street’

Baker Street in London is famous for many things, including serving as the address locator for a number of history’s most significant investigators, including Danger Mouse (not the DJ -- though that’s, like, a grey area). But, did you also know that ‘Baker Street’ is one of the best songs of all time? Quite popular, but never entirely given its due, as a card-carrying member of the ‘best songs of all time’ club, ‘Baker Street’ was a colossal jam and an iconic ditty, written by Gerry Rafferty.

What’s that you say? Who’s Gerry Rafferty? You know this man: his band, Stealers Wheel, does that song ‘Stuck in the Middle with You’. You know that song; I know you do. Plus, he had more of his own hits, too. I bet you know ‘Right Down the Line’. But, ‘Baker Street’ is his most popular song, and one of the best songs ever, in my humbled opinion.

But, in addition to the original, there are a number of other excellent versions of this song, of which I want to make you aware. Rafferty’s own extended version is very good. Livingston Taylor, brother of James, has, in my opinion, the best cover. The Foo Fighters rolled out a rock version, which was issued on a re-release of one of their early albums. Jars of Clay offers what-must-be a religiously-inspired live cut. (Dude’s killing the melodica, though.) Waylon Jennings applies a country spin. (You knew that was coming.) And, even the London Symphony Orchestra has descended to the creation of its own reverse engineered opus.

Classic Al.

One Form Can Keep Your Practice Working -- Even If You Can’t

noreply@blogger.com (Jared Correia) — Sat, 25 Aug 2012 03:13:00 +0000

This week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. In this week’s tip, Scott writes about how one technology information form can save your practice.

Read the Tip here.