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In this month's Addendum...

- Blogging: The fastest-growing client-development tool?
- Networking: Civic participation pays off.
- Young Lawyers: Five resumé essentials.
- Real Estate Law: What the electronic era means for business
- Technology: A pox on your inbox! Tame the email beast.
- Public relations: Help staff communicate your firm’s mission.
- Workplace health: One lawyer’s struggles with depression
- CBA Financial: Investing for retirement in volatile times.
- Diversity: Equity and Diversity Guide and resource manual.
E-Publications Editor Conrad McCallum
Production Kathryn Robichaud
Contributors Keith Anderson Michelle Mann Conrad McCallum Kevin O'Keefe Kathryn Robichaud Allison C. Shields
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Addendum is published by National magazine, the official magazine of the Canadian Bar Association. The views expressed in the articles contained herein are solely the views of the authors, and do not necessarily represent the views of the Canadian Bar Association. |
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Law blogs are the great equalizer
By Kevin O'Keefe
Law blogs are taking lawyers back to the future. Lawyers who use law blogs are simply blending new technology with tried and proven approaches to client development.
"Situated properly, a professional blog can build an individual lawyer's profile and work as a more casual lead-in tool for the firm's web site, which is geared more toward services, expertise, and experience," says Steve Matthews, a Vancouver-based Internet legal marketing expert (www.stemlegal.com/). "In other words, get to know the lawyer in question, and then decide if that person is qualified."
What sets blogs apart from websites is that blogs are a discussion stream: they constantly change and grow based on the online conversations taking place concerning specific realms of the law. Although information about a lawyer and his or her practice should be included on a blog, such content takes a backseat to something more important: the ongoing discussion that blogging lawyers are engaged in.
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Blogging allows lawyers to be seen by potential clients as more than professionals sitting in an office surrounded by awards and certificates; as time goes by, they will become known as leaders in their field – people who know what they're talking about and are willing to enter into the discussion with other opinion leaders. |
Bloggers publish posts on their blogs in response to what they've heard (or read) elsewhere. They'll also post comments on other blogs. They share their insights, agree or disagree with other bloggers, make a point, and do all the other things that took place in town hall forums a few hundred years ago. Blogs allow lawyers to briefly comment on a ruling, cite something they read in another lawyer's blog, or simply provide a concise interpretation of the law for readers.
Blogging allows lawyers to be seen by potential clients as more than professionals sitting in an office surrounded by awards and certificates; as time goes by, they will become known as leaders in their field – people who know what they're talking about and are willing to enter into the discussion with other opinion leaders. Plus, since blogs are easier to update than websites, lawyers who blog have the ability to comment on an issue almost immediately after it happens. And those are the lawyers prospective clients will contact first.
Linking in and out of a blog – either by citing someone else's work or directing readers to a blog you enjoy - is another important characteristic of successful blogging. While traditional websites may have links, they often appear awkward and unnecessary, and it is much harder to encourage readers to click them. The more links in and out of a blog a lawyer provides, the bigger the lawyer's reputation on the web (and as a result, the higher the blog climbs in search engines like Google).
"Lawyers need to understand that links are the currency of the web, and that blogs are not just a publication opportunity. If they were, why wouldn't you just convert all your newsletters into blog software? It doesn't work," says Matthews. "It's only when blog authors engage the social side of blogging, and begin to link out to other bloggers – who eventually reciprocate – that blogs begin to have a dominant effect on the search results."
Focus on a niche
Lawyers need to present a professional look and perfect the art of effective blogging. But long before they start blogging, they need to establish a niche.
"It's only when blog authors engage the social side of blogging, and begin to link out to other bloggers - who eventually reciprocate - that blogs begin to have a dominant effect on the search results."
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Figure out who is talking about the issue you'll be focusing on, says Amy Gahran, a Colorado-based media consultant who runs a blog at Contentious.com. Then, begin reading their blogs and the blogs they link to so you can get an understanding of the major players in the field. Follow what they're talking about, comment on their posts … anything you can to enter into the discussion.
The more niche-oriented the content, the better your blog is going to work as a marketing tool. The niche for the blog can even be more focused than your area of practice. Think of your blog as a magazine published on one area of practice, among others in which you perform work.
The art of blogging
Think of how you would talk with members of your target audience at a reception following a speech. By and large, people still would be talking about the topic that brought you together. But the tone obviously would be much less formal than it was while you were speaking from the podium.
A conversational tone alone, however, is not enough. You need to engage in conversations with other opinion leaders in your niche to realize the full potential of blogging.
Think of blogging as an online Rotary meeting, where all the Rotarians are within your target audience, whether as opinion leaders, prospective clients, or influencers of prospective clients. You would not walk into a Rotary meeting and shout out legal updates through a bullhorn. You would engage in the conversation, offering your insight and commentary in the appropriate context of others' conversations.
Remember the acronym FLEE: Find the relevant Internet discussion. Listen to the discussion. Engage in the discussion. Empower your readers.
- Find the most influential bloggers and reporters on the niche for which you will be blogging.
- Listen to these influencers by subscribing to RSS feeds of their blogs and news sites through the use of an RSS reader such as Google Reader.
- Engage in a dialogue with these opinion leaders and influencers by adding a comment on their blogs or referencing what they wrote, adding your viewpoint in your own blog post.
- Empower your subscribers to share your blog posts in blog posts of their own, in news stories, and on social networking websites by always adding content of value, that is, something that advances the conversation.
The results of such effective blogging are far reaching. People conducting relevant Internet research, both lawyers and prospective clients, will see your name over and over again. You'll receive regular calls from reporters looking for commentary from a knowledgeable lawyer. Ultimately, word of your passion and expertise as a trusted authority in your niche will spread by word of mouth – both on and offline.
"Easily 80 percent of my new business comes from people who found me through my blog," says Seattle lawyer Philip Mann, who publishes the IP Litigation Blog (www.iplitigationblog.com). "The Internet and blogs are the great equalizer. No longer do the large, established firms have a monopoly on the power to get their name out and attract business."
One hundred years ago, lawyer marketing was all about entering into conversations with opinion leaders, business associates, and the public to spread word of one's passion, expertise, and care and to further enhance one's reputation as a trusted authority. Today, it's still the same, except that the conversation has moved online.
You, too, can enter the conversation through blogging.
Kevin O'Keefe is president of LexBlog Inc., a service that builds blogs for lawyers. He was a trial lawyer for 17 years and practised in rural Wisconsin. Email him at kevin@lexblog.com or visit kevin.lexblog.com to join his conversation." A longer version of this article was published in the Wisconsin Lawyer, Vol. 81, No. 9. Reproduced with permission from the author.
For networking opportunities, civic participation is hard to beat
Without a doubt, one of the best ways for a young lawyer to market and network in the community is through participation in various charitable and civic organizations. Your decision to join a civic organization should not be taken lightly. Your participation will reflect on you not only as a member of the organization but also as to how you will perform as someone’s lawyer.
Before joining a civic organization, ask yourself several questions. How much time do I have available? Do I have free time during the weekday or only on weekends? How much time will I be expected to contribute? What can I contribute to this organization? How can I develop my professional skills in this organization? And, perhaps most importantly, what are my options if this organization does suit my needs?
"Don’t join an organization just to get business. If this is your sole motivation for joining, it will be very obvious and you will probably do more harm to your reputation than good."
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Before you commit yourself to any organization, consider the financial costs and time commitment associated with joining it. Any organization will provide you some opportunity to obtain general name recognition; look for one that offers the opportunity to target the particular legal market you hope to serve.
Regardless of the organization you join, do not expect to gain clients immediately through your participation. Keep in mind an important point: don’t join an organization just to get business. If this is your sole motivation for joining, it will be very obvious and you will probably do more harm to your reputation than good.
Once you join, let people in the organization know the type of law you practise. Keep in mind that at some point in time, almost everyone in your organization will need to employ the services of a lawyer. Because you often will be asked the type of law you practise, be ready to explain in two or three sentences in a manner understandable to laypersons. You should consider writing down a “statement of practice,” which concisely describes your practice. Remember your statement of practice in a way that is easy to describe in casual conversation. By educating other members of your organization about your practice, they will know when to refer your name.
Groups to consider
There are several groups of general interest which will help you to meet a wide spectrum of people. You should keep in mind that everyone, no matter what their immediate needs, is a potential lead because might know someone who needs a lawyer.
Most areas have Kiwanis, Rotary and similar clubs, and you may want to consider joining at least one of these. These organizations will provide excellent opportunities to work in the community and to interact with non-lawyers. Older members of civic groups typically have more complex legal needs. Business leaders are often members of civic groups, and membership can provide a great forum to interact with them in a non-congenial environment.
If there is a Chamber of Commerce in your area, it may provide an excellent opportunity to meet motivated individuals who might have legal needs. If you are in practice by yourself or in a small firm, membership will be especially helpful since your want to promote your business in the community.
Many Chambers of Commerce process thousands of inquiries a month from visitors, newcomers, tourists and members. Most have social events, which provide an excellent opportunity to meet people who may need your services. If you do real estate closing, you will be meet realtors. If you practise corporate law, you will most likely meet several small business owners. Family lawyers might encounter someone with domestic issues that need to be addressed. Finally, many chambers publish monthly newsletters, which contain news articles about current members, and introduce new members.
Is there a downside?
Once you have decided to get involved with a civic organization, be aware of your time constraints and don’t overextend yourself. As you become more involved, and others in the group see that you are action-oriented, you will probably be assigned more responsibility. Fresh in your mind will be the satisfaction you have gained through your efforts, and you may be inclined to take on every project. Be careful! Resist the temptation to take on more projects than you can successfully handle.
Don’t be afraid to say No. Practise saying it. Otherwise, you become overextended and overworked. Always remembers that participation in any organization is voluntary and meant to be fun. If you overextend yourself, you will stop having fun and perceive the organization as a chore. Your performance on projects will deteriorate and you may become frustrated with your predicament. As your performance deteriorates, so will the impression you leave with the others in the organization. So instead of always saying “yes,” be prepared and willing to say “no.”
Don’t get discouraged if you don’t immediately develop a cache of clients through the group. As with any business development effort, it will take time before you realize the fruits of your labour. You can rest assured, however, that you will eventually obtain results from your participation.
This article was excerpted from Getting the Word Out: A Guide to Law Firm and Law Practice Marketing for Small Firm or Solo Practitioners, a 2004 publication of the North Carolina Bar Association Young Lawyers Division. Reproduced with permission.
Getting a foot in the door: 5 resumé essentials for law students
By Rebecca Bromwich Young Lawyers-CBA
Law students and young lawyers face the obstacle that there is a large number of potential applicants, and piles of written application materials, for recruiters to plow through. Even in the face of the apparent lawyer shortage, students and young lawyers seeking to market themselves have to pass through the paper barrier to make it to the interview.
This summer, I spoke with two lawyers in charge of recruitment and development for major firms in Ontario, and from these interviews developed the following list of resumé tips for students and young lawyers who are looking to work in large firms.
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With so many papers to read, student committee members naturally will look more favourably on resumés that are easy on the eyes, even visually pleasing to look at.
Related article: What's expected from summer students? (Sept. 2007) |
Deborah Glatter is an alumnus of the University of Windsor. Since 1999, she has been director of professional development for Cassels Brock LLP, a large-full service firm located in Toronto, a position she took on after working with the Law Society. Scott Whitley is director of professional development at Lang Mitchener LLP. A Queen’s Law alumnus, he went directly from there to Bay Street, where he has been since 1997. He deals both with lateral associate recruitment and student hiring. Both Whitley and Glatter have given numerous seminars and published writing on how students and young lawyers can find their “dream job.”
1. Proofread.
Whitley was quick to stress that he has to wade through a “huge pile” of applications. This is true especially in the student context, where large firms receive “too many applications to deal with all of them in a meaningful way.” As a result of the volume of applications, you are looking for reasons to eliminate people, Whitley said. If there is an egregious clerical or spelling error on your resumé, you are out. Check and double-check.
Presentation matters a great deal when it comes to student resumés. Glatter noted that white space is a good idea on student resumés, helping to draw out important details. With so many papers to read, student committee members will look more favourably on resumés that are easy on the eyes, even visually pleasing. Page length should be limited. The resumé provides a key first impression, the recruiters agreed.
2. Use career development resources
Glatter encourages students to seek help from the career development offices (CDOs) at their law schools. The CDOs are a “credible source of good information” about what firms are seeking in new talent. “Some students don’t think CDOs have the inside scoop on what firms are seeking, but they do. CDOs work very closely with large firms in the recruitment process. They do know what they are talking about.”
3. Showcase you uniqueness
Glatter said the most sought-after applicants are team players who bring intellectual rigour, possess solid work ethic, and have strong interpersonal skills. She stressed that grades do not necessarily paint the whole picture of a candidate’s relevant competencies. Non-academic areas can sometimes reveal potential.
"The most sought-after applicants are team players who bring intellectual rigour, possess solid work ethic, and have strong interpersonal skills."
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“The number one mistake students make in their written presentation is that students tell us about us and don’t us about them,” Whitley added. We know what our website says. That adds no value.”
“I want to know something about the candidate. Why do you think you would be good fit at this firm?” He encouraged applicants to include general interests sections on their resumé, and to include experience might help them to stand out.
4. Be complete
Materials submitted should be complete in themselves. Whitley stressed that, especially with students, reference letters should be provided. References should not be listed as available on request.
Resumés should also provide a complete record of an applicant’s recent employment history. Students and young lawyers should not hesitate to indicate non-legal experience, especially from early in their careers. Glatter noted that work ethic can display itself in a variety of ways. “Someone who hose t plant tress in Northern Ontario is no stranger to hard work and my guess is that she’d have no hesitation to roll up her sleeves and do whatever was necessary to meet the client’s needs, regardless of how tough the job.
5. Be honest
Obviously, one should not lie on a resumé. Glatter and Whitley noted that resume fraud does happen, and will likely be discovered. “You would be surprised how much we talk to each other,” Whitley said. Burning one bridge can harm a student or associate’s changes of crossing any others.
More subtly, applicants should be clear and honest about the kinds of work they really want to do. While students can have general interest, lawyers applying to start at the associate level should be specific about their interests, even if they are somewhat flexible, Glatter noted. People with experience at firms should indicate their interests.
Whitley noted that in both associate and student recruitment, large firms are looking for someone who will stay for the long-term; hiring new talent is a big investment. He added that it is simply not credible for lawyers to say they will do anything. Glatter said she needs to link potential talent with practice groups seeking to hire.
Law firms are not just looking for automatons to churn out work; Whitley and Glatter emphasize the importance of good interpersonal skills, respect and teamwork. According to Glatter, the law office is a nice environment to work. “It doesn’t matter how skilled the lawyer is, if he’s a raving lunatic, we don’t want him. We treat each other respectfully and we don’t want anyone who is going to taint the atmosphere.”
How the electronic era is changing the practice of real estate law
By Conrad McCallum
The electronic era has brought dramatic changes in the practice of real estate law, and practitioners who ignore the need to adapt risk being swept away by the tide.
A CLE session held at the Canadian Legal Conference in Quebec City last August addressed key challenges and opportunities. The presenters were Allan G. Silverstein, director of national legal engagements for Emergis; Michael A. G. Forcier, of Chaddah Forcier; and Karen Decker, senior counsel and vice-president of underwriting and legal, Stewart Title Guaranty Company. Here are some key trends that emerged from the speakers.
Increased competition
There’s no question that lawyers can continue to expect increased competition by other parties such as paralegals and third-party document processing companies, who are willing to embrace and develop new ways to use technology to reduce costs and speed up the closing process. The challenge for lawyers is to embrace efficiencies, while maintaining a high standard in the quality of service provided to clients, Decker says.
More sophisticated conveyancing platforms
Web-based title searching and registration and online title insurance ordering are two forms of technology that are influencing how real estate law is practised. But it’s conveyancing software platforms that have the most “revolutionary” potential, Decker contends.
Conveyancing platforms – examples are Do Process’s The Conveyancer® software (now owned by Teranet Enterprises Inc.), LawyerDoneDeal Corp.’s RealtiPLUSWeb®, and Stewart Title’s LegalSTEPS™ – are designed to increase efficiency, ensure consistency in documentation and allow for ever increasing volumes of transactions to flow through a law firm.
Lender connectivity
In some models, technology can be used to facilitate the removal of work from the law office; loss of refinancing work is a case in point. As Decker notes, a key challenge of the real estate bar, therefore, is to seek to influence both the software platform and the form of lender program that is associated with it.
Openness to efficiencies
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The greatest impediment to the widespread use of automated mortgage transactions is psychological. Lawyers and lenders must recognize that in a mortgage transaction, the content of a lawyer’s report and opinion is the message, and paper is only a method of delivering that message. |
Current lender platforms enable a lawyer or Quebec notary to receive mortgage instructions and to report electronically to the lender. Two examples are Emergis Inc.’s Assyst Real Estate and LawyerDoneDeal’s Virtual Intermediary Program. What is missing from lender connectivity is the ability to transfer funds electronically. But change appears to be just around the corner. Teranet Inc. has introduced a service in Ontario called “Closure” that allows for transfer of funds between lenders and lawyers and between lawyers.
Faster turnaround times
The Assyst Real Estate platform’s key features include the ability to submit preliminary reports and request for funds online, online tracking of file status and a “freeze” on final mortgage terms 48 hours before closing.
Silverstein contends that such a platform benefits the real estate lawyer in several important ways. It equips them to handle quick closings and rushed deals, allows them to report electronically within minutes of closing, and makes it easier to compete effectively with title insurers and to recoup some of the refinancing business.
The race to create centralized “hubs” There has already been integration between conveyancing platforms and various third parties, such as title insurers and online registration systems. The Conveyancer software, for example, is connected to title insurers’ electronic ordering platforms, in addition to the Teraview online searching platform.
“This is the first stage of the convergence that, in the future, will lead to creation of a form of hub whereby the various interconnected parties to a transaction can interact electronically through a single seamless platform, rather than through multiple distinct platforms,” Decker writes in a paper presented at the CLE. “The key feature is online software that allows for the sharing amongst various stakeholders to a transaction of information in real time.”
More focus on what lawyers want
Technology companies need to remember that the lawyer is the central figure in the real estate process, interacting with the various parties—the realtor, mortgage broker, lender and home buyer, Decker observes. As such, lawyers and notaries should express their views on the programs and technologies being offered, supporting those “that seek to enhance the conveyancing process without reducing the role of the lawyer and notary.”
Better handling of the issue of costs
The successful technology will manage the cost of the platform, so that the borrower or purchaser knows up front what the costs will be and the lawyer is not obliged to collect this cost through legal fees.
“Ultimately, if lawyers aren’t willing to use the technology, then it’s unlikely to be successful, and they may have concerns about using a platform where they see it as increasing their costs and not getting the benefit,” Decker says.
Umbrella marketing
Can a new real estate model be created to provide the lawyer with a more significant role in the real estate transaction? That was Michael Forcier’s goal when, in 2003, he launched Lawyers Web Property Shop Limited, a virtual real estate office where individuals sell their own real estate with a lawyer providing background legal work and advice.
Based partly on the “for-sale-by-owner” model and partly on the solicitor-operated property shop model that has thrived in Scotland, Lawyers Property Shop Ltd. provides branding for small firms and sole practitioners and the opportunity to advertise on a co-operative basis, while boosting the lawyer’s role in the real estate deal. The company is currently in partnership with 38 lawyers across Ontario. “The lawyers handle the transaction from the initial retainer through the offer to purchase, to closing,” Forcier notes in a paper. “You make sure your clients are fully advised from the beginning; you don't step in at the end to clean up errors or omissions in the paperwork.”
Better guidance to the profession
"Ultimately, if lawyers aren’t willing to use the technology, then it’s unlikely to be successful, and they may have concerns about using a platform where they see it as increasing their costs and not getting the benefit."
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Law societies are providing better guidance to the profession today on retaining documents in electronic form, but Silverstein argues that the wording remains “generalized.” A number of law societies now recognize the option of scanning files and converting them to an electronic format, as an alternative to storing them in paper – with conditions and restrictions (see, for example, the commentaries on file retention published by the law societies in Ontario, British Columbia and Alberta. For specific guidance on record retention, real estate lawyers must look to documents such the Law Society of Upper Canada’s Practice Guidelines for Electronic Registration of Title Documents
Greater clarity on format
The approach of the law societies has been to provide consideration of what should be retained, and for what period of time, without mandating the format (paper or electronic). But new “know your client” rules, enacted by the law societies as part of the fight against money laundering, provide some guidance on format, Silverstein points out. Those rules are based on the Model Rule developed by the Federation of Law Societies. In addition to addressing how long information and documents are to be retained, the Model Rule states that documents may be kept “in a machine-readable or electronic form, if a paper copy can be readily produced from it.”
Recognition of the need for certifying authorities
When a document is signed electronically, parties need to have absolute confidence in the identity and credentials of the person making the signature. But regulators have established Certifying Authorities (CAs) for lawyers in only two provinces to date—Quebec and British Columbia. “In Ontario, we have Teranet, and they have designed their own certification authority, because there was nobody else to do it,” Silverstein says. “It helps with the data flow and the preparation of documents, so lawyers have gravitated to it, despite its limitations, because it helps make everybody more efficient.”
Silverstein says he’s hopeful the law societies will look again at establishing CAs, as they contemplated in 2000. “The law societies weren’t ready then; their infrastructures weren’t ready. Maybe now they will see the value to it; and so I think there’s huge potential for this down the road.”
The “paper” mindset is changing – slowly
Silverstein believes the biggest impediment to the widespread use of automated mortgage transactions is psychological. Lawyers and lenders must recognize that in a mortgage transaction, the content of a lawyer’s report and opinion is the message, and paper is only a method of delivering that message. “No amount of paper accompanying a final report can supersede a lawyer’s opinion about the validity and enforceability of a registered mortgage,” Silverstein writes.
A higher profile for successful electronic processes
As more areas of real estate automate gradually, others are blazing a path in that direction. On December 4, at the first annual Residential Real Estate conference jointly held by the Continuing Legal Education Society of British Columbia and the Canadian Bar Association’s B.C. Branch, the Land Title and Survey Authority of British Columbia announced a landmark milestone – the one millionth land title application processed by its Electronic Filing System (EFS).
Proponents of technological change say such processes have resulted in greater security, ease of use, lowered costs and faster service in the context of land title applications. And they expect similar advantages to occur as other real estate processes become automated, including the instructing, funding and reporting of mortgage transactions.
A pox on your inbox! Reign in email chaos with these essential tools
By Kathryn Robichaud
Over the past decade, email has significantly changed the way we communicate—from the way we do business and stay in touch with family and friends, to keeping on top of personal pastimes and interests. Although it’s a valuable communications tool, we can be too easily be bogged down by inbox information overload and personal security issues.
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Do not use your inbox as a repository for to-do lists, memos, meeting notes, etc. These items should be stored in to file folders, planner/calendars, or in your practice management software. Emails, once opened, should be converted into tasks or filed in order to keep your inbox clean and up-to-date.
Related articles: Ethics in the electronic era: avoiding common pitfalls (Oct. 2008)
Lawyer marketing with Twitter (June 2008) |
But there are effective ways to reign in the email monster, as was made clear at a CLE presented at the Canadian Legal Conference in Quebec City last summer.
Dominic Jaar, legal counsel at Ledjit Consulting in Montreal and David J. Bilinsky, practice advisor to the Law Society of British Columbia in Vancouver provided helpful tips on how to organize and prioritize emails by using filters, flags and search; understanding spam; avoiding phishing emails; and online security. Here are some highlights of the session.
General tips and techniques
- Use more than one email address. Separate business and personal accounts, and use temporary/disposable addresses for signing up for items such as newsletters and promotions. Separate addresses filter out the nature of emails—so you can deal with separate priorities. Disposable addresses ensure spam/promotional advertising as a result from signing up for newsletters end up in one account, leaving you with cleaner business and personal accounts.
- Use your inbox to gather mail only. Do not use your inbox as a repository for to-do lists, memos, meeting notes, etc. These items should be stored in to file folders, planner/calendars, or in your practice management software. Emails, once opened, should be converted into tasks or filed in order to keep your inbox clean and up-to-date.
- Organize sub-folders. Although they shouldn't be used as a long-term solution, creating and organizing email folders and sub-folders will clear out your inbox and sort out emails which can be attended to at a later date. A few examples of sub-folders: “personal,” “clients-open,” “clients-closed,”“administrative.”
- Backup your files. If using Outlook or another email client with server backup capabilities, always remember to automate backup copies to your server or remote hard-drive. This can alleviate any future lost/deleted email headaches.
- Use RSS feeds. With RSS feeds (really simple syndication), you can get the information you want when you want it. Although RSS is used mostly by bloggers, many websites have RSS feeds—simply look for the RSS logo and subscribe. RSS can replace newsletters and lessen emails.
Filters and rules
Filters and rules are a great tool to help organize your inbox. Setting up filters is easy, and an efficient way to have your mail automatically filed into folders, delete spam/junk mail, categorize mail based on words/recipients, notify your absence, and more. But keep in mind that there is a limit to the amount of rules which can be used simultaneously, so be sure to use only the most efficient ones.
Flags
Flags are used to visualize email status and follow-up priority. Colours and remarks can be added to flags for easier sorting and at-a-glance prioritization. Although flags are a great way to keep your mail organized, try not to keep them in your inbox for too long.
Searching
Using the search function is a good way to filter through emails which may have similar content, in order file them in to folders or in your practice management software. Searching is customizable, but note that Outlook searches email body and subject line content only, and content not in attached documents.
Spam
Spam setting options are found in the filters/rules options and are a great way to re-route unwanted messages from arriving in your inbox. Try not to set spam filters too high, or you risk deleting important emails.
Phishing
Phishing is the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details, by masquerading as a trustworthy entity in an electronic communication (Wikipedia).
Outlook 2003 and 2007 (with Office 2003 Service Pack installed) have phishing detection capabilities. Dangerous emails are routed to your junk mail file, message format is changed to plain text, and hypertext links are disabled.
Password security
We all have passwords which we use on a regular basis. These passwords are the keys to highly personal and confidential information, and should never be shared.
A few tips:
Don’t:
- Don't keep passwords in a Word or Excel file, or written down—keep them in your head!
- Don't use key dates or information such as birthdays, phone numbers, and street address numbers.
- Don't use the same password for all logins; try to keep them varied as much as possible.
Do:
- Do use upper and lower case letters and characters which are not names, dates or words.
- Do change passwords on a regular basis.
- Do keep passwords to yourself.
A great way to come up with a unique password, is to use a free online password generator such as Perfect Password Generator, which creates a unique set of custom, cryptographic-strength passwords with every page refresh.
Having a hard time remembering all your login information? Password storage applications such as Login King, RoboForm Pro, and Password Safe (free) can store your information and ease the pain of forgetting user login information.
Bottom line
Managing your email doesn’t have to be an arduous task. Incorporating the above tips and techniques daily will shrink your inbox, boost productivity, keep your personal information secure and, ultimately, tame the email beast.
Kathryn Robichaud is production editor at the CBA National Office.
Help staff communicate your firm’s mission and values
By Allison C. Shields
Your firm’s values, mission, and differentiation (unique selling proposition, or “USP”) are the foundation of your marketing. They attract the right clients and keep them coming back and referring others. Every contact with clients conveys the firm’s culture, personality, values, accountability, and intelligence. The first contacts with a firm set the tone for the entire client experience. They can truly make or break a relationship with a client—and they can also make or break your firm.
There are no unimportant positions in a law firm. Employees must be carefully selected and trained, particularly if they greet visitors, answer phones, or interact frequently with clients. Every person in a firm needs to understand his or her role within the firm, how that role contributes to the firm’s overall goals, and why the job is important to the success of the firm.
"Evaluate employees, including lawyers, based upon whether they are living up to the firm’s client service standards. Rewarding those who provide excellent client service—in all its forms—is bound to get employees more engaged in delivering that service."
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Compensation and advancement need to be based on the values that the firm espouses. Otherwise, they aren’t really values. Evaluate employees, including lawyers, based upon whether they are living up to the firm’s client service standards. Rewarding those who provide excellent client service—in all its forms—is bound to get employees more engaged in delivering that service.
Some additional practical tips to enhance communication of your values, mission and USP:
- Introduce clients to the staff members in your firm, and make sure both clients and staff know which issues can be handled by staff and which require your individual attention.
- Involve employees in developing or revising the firm’s mission and USP.
- Create a game plan that tells staff exactly how to respond to clients, especially when you are unavailable.
- Develop suggested “scripts” for employee voice mail and telephone answering that communicates your USP and mission.
- Ensure that staff is instructed on how to direct calls properly and how to obtain information from clients.
- Develop standards and tie perks, rewards, bonuses, and raises to client service.
Communicating the firm’s values, mission, and USP will come naturally if you live them on a daily basis and engage your employees in the process.
Allison C. Shields, president of Legal Ease Consulting, Inc., helps lawyers make their practices more productive, profitable, and enjoyable. Contact her at Allison@LegalEaseConsulting.com. This article was published in GP Solo – ABA General Practice Solo and Small Firm Division. © 2008 American Bar Association. Reproduced with permission.
“Life is overrated”: One lawyer’s struggles with depression
By Keith Anderson, LL.B., LL.M.
This article is excerpted from a longer article posted on the website of the Ontario Lawyers Assistance Program, in which former Nova Scotia lawyer Keith Anderson relates his personal battle with depression, for the benefit of other lawyers who may be facing similar struggles.
“Life is overrated.” I made that comment early one morning as I traveled to Cape Smokey to learn how to ski. Over the years, it became a phrase we would use at the firm when something went wrong. Little did I know that in time, I would actually think that of my life.
March 2003 was a turning point for me. On the 7th, I was diagnosed with depression. On the 11th, I was suspended from the practice of law by the Nova Scotia Barristers’ Society. On the 11 and 12th, I suffered a breakdown. My mind was in fragments — some functioning, others not. I had lost my health and career in a week. Clearly, not my best moment.
But my life had become a series of bad moments — bad days, leading to even worse months and years. I just thought that was to be my life. I didn't recognize that it was an actual illness.
When I was advised by the Bar Society of the complaint filed against me, I took my own advice and retained a lawyer: Guy LaFosse, Q.C. I remember meeting with Guy after he had reviewed the complaint and my history. I had had three complaints in 18 years of practice, all of which were dismissed at the first stage of the procedure. His question to me was: “What happened? What went wrong in your life? This just doesn't happen.” I had no response. He suggested I see my doctor. Two days later, my doctor of 25 years diagnosed me with depression and prescribed me an anti-depressant.
Four days later, I was suspended pending a final resolution. The public hearing was held in Halifax (I lived and practised in Sydney) and lasted a few hours. I responded to questions from the Bar Society's lawyer, my lawyer, and the committee members. It all appeared surreal. However, I did accept responsibility for the decisions I made that formed the complaint. I had acted wrongly, improperly, and unethically. The crux of the complaint was with regard to my purchase of a new house.
I wasn't sure how I had arrived at such a point in my life. Over the next few months, and even to this day, I would learn how depression wrapped around my mind and how it had such a devastating impact on me.
Depression is like a dark fog that slowly settles into one's mind. With a clear mind now, I can look back and recognize the symptoms.
I started to withdraw from my friends. Solo lunches became common. I would get a bagel and a bottle of water and drive around the city. If I didn't have the energy to drive, I would park among the vehicles in a parking lot, hoping that I would not meet anyone I knew. I just wanted to hide for that half hour.
Tears occurred daily. I would cry as I drove to the office. I would collect myself in the parking lot, walk in, and work all day as if all was wonderful. Pretending to be fine was exhausting. Then more tears as I returned home.
I cut off communications with important friends from university days. My last relationship was shortchanged. As depression eroded my self-confidence and self-worth, I slowly cut off my contact with her. I couldn't commit to a trip or even dinner the next night. I thought I didn't deserve to be with her. I could not allow myself to be happy.
"We, as lawyers, are the ones who fix other people's problems. We tend to be strong-willed, determined, and hard working. We don't ask for help; people ask us."
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Then insomnia took hold. I would sleep maybe two to three hours a night from Sunday to Thursday. By the weekend, I would be so tired from life, I would collapse and sleep. But the cycle returned on Sunday. This routine went on for months and years. I didn't sleep because I hated my life so much, I didn't want the next day to begin. So if I stayed awake, it delayed the next morning's arrival. Depression can be powerful.
My level of concentration was low. I couldn't focus to read a book. Watching a movie was no joy. I would be sitting in a theatre and after 20 minutes, I would realize I had no idea what I had been watching.
Why did I miss these signs of depression? For me, life in my twenties was wonderful; I did well in school, then at work. I was optimistic. Then my thirties rolled around, and I had my own personal challenges surface.
My law partner got us involved in a failed business, leading to some debt. My father died at age 59 in 1992. I come from a close family. As well, my father was a real estate agent, and my practice was in real estate, so we talked every day about something. His death was the trigger for my depression. As well, the pressures of the debt load and practice became overwhelming at times.
I thought I could handle my own difficulties, but in hindsight, I was at a loss. We, as lawyers, are the ones who fix other people's problems. We tend to be strong-willed, determined, and hard working. We don't ask for help; people ask us.
Now, back to March 2003. After the hearing at which I was suspended, I walked across the street to the hotel where I was staying. My mother and sister were waiting for me. My brother-in-law was called and arrived a few minutes later. I decided that we should check out. I wanted to see my niece and nephew at my sister's house, just outside of Halifax. My mind was beginning to unravel even more.
I mentally and physically collapsed at my sister's. I spent the next three months confined to a bed. My niece gave up her bedroom for me. There was a chair at my bedside, and my family took turns sitting with me. Without them, I would have ended up in hospital. This self-confinement would actually last, to some extent, for a few years.
The Bar Society gave me a list of doctors for whom they would cover the cost of the first ten therapy sessions. With my family's encouragement, I called one of the doctors. I had never been to therapy before, so it was all new. It's amazing what one will tell a stranger. The floodgates opened, and out flowed my life.
I attended therapy once a week for two years, then once a month for awhile. Attending therapy became the highlight of my week. I learned how to handle anxiety attacks, which occurred daily at this time. As well, I came to understand depression and its impact on my life. My doctor also helped me wean myself off the medication. My family and I discussed my illness at length, learning about depression and what steps to take to get me healthy.
June 23, 2003, was the date set for the final resolution of the complaint. By this time, my lawyer and the Bar Society's lawyer had come to an agreement to which I had consented. But the agreement had to be approved by a bar committee. I testified again for a few hours. I was better able to explain what happened in my life that led to the complaint. I now understood depression. I had found a new house, isolated from the world, with no neighbours. I told few about this house. The need to hide was paramount; it meant my survival. I had one goal, to get that house. My decision-making was governed, if not dictated, by my depression. Thus, my decisions were improper.
This committee approved the agreement. I would be suspended for two years, backdated to March 11, 2003. The only requirements to be reinstated are that I be healthy and that I cover the Bar Society's costs. The chair, John Merrick, Q.C., said at the conclusion, “I need say no more, but, Keith, go home and get well" Darrel Pink, the executive director, also wished me well.
Over the next months, some friends came forward to help. They did not just say they would help; they actually did so. They helped sell my house, stored my belongings, called just to see how I was doing. Others took me to a few movies and even got me to attend Pilates classes for awhile. Others contacted me when they read what I wrote for the National Post, an article called “How I Returned to a Life Worth Living.”
But I also wanted to get well. A series of small steps would lead to major accomplishments. I would go to a favourite restaurant, get take out, and eat in my vehicle in the back parking area.. After doing this for a few months, I then could eat in the front parking lot. Then one day, I could actually eat inside. This entire process took around six months.
"I had found a new house, isolated from the world, with no neighbours. I told few about this house. The need to hide was paramount; it meant my survival. I had one goal, to get that house."
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I would leave the house to go certain places where I would be comfortable. I could go to Chapters when it wasn't busy. I felt relaxed there. As well, as my mind became clear, I tried reading books again. I could now read and enjoy it.
There were a few bumps along the way. Some people didn't contact me at all. The day I learned of the complaint, I told my law partner. He didn't speak to me after that and then went to Florida on holidays. He didn't know about the suspension until after the fact. He didn't attend the June 23 hearing. I haven't heard his voice since March 7, 2003.
I was snubbed by one person in a grocery store, who used to greet me with a hug. A local judge put his head down when he saw me in a corner store.
Now, I want to make it clear that this is actually a happy story. Getting suspended was a good thing. Don't get me wrong: it was devastating to me, but it had a positive aspect. It removed me from an unhealthy workplace. Those pressures were gone. I was put in a place, physically and mentally, where I could focus on getting well. I knew it would take a long time, but at least I had found a path to a second chance at a real life.
I will one day apply to be re-instated. I have a healthy mind now. If I am fortunate enough to be reinstated, I am not sure what my career will be, but it will unfold.
Investing for retirement in volatile times
During these times of turbulent markets and a potential global recession looming, it is natural for people to look at their investment portfolios with concern. As we all watch our investments lose value it is important not to panic. Here are a few of the key rules of investing to help you weather the storm.
Stick to your goals – What are your investment goals and the timeline to reach those goals? If you are investing for retirement you likely have long-term goals. If you don’t need the money today, crystallizing losses could hurt you in the long run. People who invested in the stock market the Friday before Black Monday in October 1987 would have experienced a 26% loss in one day. But those who stayed invested would be enjoying a 350% gain today.
Buy low, sell high – If you are invested in mutual funds that are actively managed and you sell your funds today, not only are you locking in losses but you are doing so at the very time when many active managers are looking to rebalance and take advantage of historically low valuations on equities. History shows that sharp downturns in the market, such as we are experiencing now, are temporary. For people with long investment horizons, the current market has many buying opportunities.
Diversify – A properly diversified portfolio will keep your investments balanced and may reduce losses. While equities are suffering, bonds are surviving. It’s the old adage of not putting all your eggs in one basket.
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Towards diversity in the law
By Michelle Mann
The face of the legal profession — and the society it serves — is constantly changing and evolving. In response, the CBA has identified equity and diversity as one of its strategic plan’s fundamental themes, and the CBA Standing Committee on Equity has developed a new Equity and Diversity Guide and resource manual for the legal profession.
“Ten years after the Touchtone Report was published,” says Janet Oh, an in-house lawyer with Lavalin-SNC group in Montreal and chair of the committee, “we were still being asked by members what tools exist to help increase diversity and equity within the legal profession.
“We decided to develop a guide, holding consultations across the country with lawyers from different backgrounds, and struck an advisory committee to assist in drafting.” The guide, a first of its kind for the profession, “strives to be a practical self-assessment tool for law firms, other legal organizations and government, to see how they can promote diversity in the workplace,” says Oh.
"Diversity has to cut through all your operations in order to be successful. The business case for diversity is already made. This guide speaks to how do you actually do it. It is the first step in thinking about and analyzing your approach to diversity."
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Mary Jackson, chief legal personnel and professional development officer with Blake Cassels & Graydon LLP in Toronto, and a member of the guide’s advisory committee, says the guide provides practical advice on promoting diversity and equity, including the leadership to be shown for recruitment efforts, personal development and mentoring.
“Diversity has to cut through all your operations in order to be successful,” Jackson says. “The business case for diversity is already made. This guide speaks to how do you actually do it. It is the first step in thinking about and analyzing your approach to diversity.”
Jackson points to diversity in law schools as a major driver, noting that “these individuals are pushing us to think about assumptions we are making and how to be inclusive. Clients are changing as well, so it’s important to think about how to relate to this changing client base.”
The guide is being distributed throughout the profession alongside the CBA’s “It’s About Respect” video series on gender, race and disability discrimination. Says Oh: “We are trying to assist law firms and organizations so that they can become leaders within their fields, by achieving and promoting diversity within so that it becomes part of the core business plan.”
Michelle Mann is a freelance writer.
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