Laptops are important. You can recapture time you once wasted because you can work while waiting for hearings or traveling. Moreover, a laptop allows you to connect to your office network if you have a Virtual Private Network (VPN).

A VPN allows you to access your office network from any computer using only basic software. Instead of having to copy files to a laptop for a trip out of town, you can access them on your office server. While a VPN offers security and customization, it also requires some computer skills for installation. Another option is to use a service like Gotomypc.com, which provides similar results to a VPN with less fuss up front. Either of these solutions solves the problem of transferring large files from a remote location to your office computer. Email gateways are getting bigger—gmail currently transfers files up to 20 MB—but sending really big ones can still be tough, which is why investing in an office network makes sense.

Scanners have made a big difference too. Instead of looking at documents away from the office and carrying them around with you, you can now scan the documents and show them on your laptop. Much less cumbersome.

Efaxes mean that you can receive faxes while you are on the road. The faxes come to you in email. That means you won’t have to ask someone to scan the fax and email it to you or read it to you over the phone. And you’ll know that the fax has arrived immediately.

Blackberries and other smart phones allow you to send and receive emails without starting up a computer. You can have up to the minute access to your email if you carry a Blackberry. That means if the attorneys in your office have a question, they can send you an email rather than subject you to an inconvenient phone call.

Virtual conferencing permits you to share documents while you talk. These services let you give a presentation or discuss a piece of evidence with an expert while you are both looking at it. It also saves time and money for meetings by enabling virtual conference calls with shared visuals. Services like www.gotomeeting.com allow conference calls with shared access to the computer screens of all the attendees. They also allow different people to manage what’s up on the screen at different times.

The invention of all of these new technologies means that the bricks and mortar of an office are no longer so important. But don’t get too wrapped up in the technology. You’ll still need to make sure that your clients are satisfied with your work and that their files are safe in your virtual hands!

Businesses everywhere are discovering the astounding exposure on social networking sites like Facebook, MySpace and others. Many are tempted to join and network themselves into a web of desired client referrals. Some are already on such sites, deeply involved in growing their networks. No doubt such practices can result in client development, but there may be a serious downside to the practice, especially for an attorney.

Let’s start with a basic principle about the practice of law. It was perhaps best stated by an old practitioner many years ago when he caught his young associate with dirty fingernails from working on his car. The associate defended it by saying that a working man would identify with him. “No,” the elder lawyer corrected. “They are willing to pay hundreds of dollars an hour for your services because they don’t see you as being like them. They expect you to be professional, elite and under control.” And he was dead right, of course.

The last thing a prospective client wants to do is to trust his fortune, freedom, or his whole future life to a lawyer whose own private life is not under control. Make no mistake about it: once you put yourself out on a networking site, you have lost control of your image. Networking, by its definition, includes others contributing to your networking page. Most people who engage in social networking freely confess that it is addictive. Right away you are gambling with your work productivity. Moreover, if you become emotionally engaged in the complex interplay, you can wind up putting things on your site that you have not carefully vetted, considered, and weighed beforehand.

Think of it this way. If you are seeking a lawyer to defend you on unjust charges of inappropriate relations with a minor, will you trust your entire future to the guy or gal who is seen on the web chugging a 40-ounce can of malt liquor? Even an innocent photo of the attorney at a party may convey a frivolous image that may not match the “serious business” legal savior that the prospective client is desperately seeking. Or if you were a corporate executive seeking litigation counsel to defend the business you built from ground up for 40 years, how do you react to seeing a pic of your “counselor” sky diving wearing a Bart Simpson shirt and a big grin?

Then there is always the unpredictability of anonymity. Comments, interplay, witticisms, and even ribald humor may seem harmless… until you learn that Lewdgranny is 15 years old. Remember: once you cast data into the ether, it is beyond your control forever. Think you can close down your profile and bury a mistake? There are archival sites that automatically backup old versions of websites randomly, sites to which you have no access, let alone deletion rights. It may be better to lose Facebook than to lose face.

Internet scams zeroing in on lawyers show up wrapped in a variety of disguises. The most common ones operate in the following ways:

“I need the money right away. Can you wire it to me?” In this scam, the unwary attorney receives a solicitation from Company X wishing to retain the attorney to collect funds owed to Company X by Company Y. The communication is so clear and convincing, the addresses and other contact information check out, the attorney does not think twice about the credibility of the source. Lo and behold, the check from Company Y comes quickly and is payable to the law firm. Red flag one. The attorney contacts Company X regarding the check. Company X now claims that it needs the funds right away and requests the attorney wire the funds immediately. Red flag two. Well meaning attorney figures the check will clear by the time the funds reach Company X’s bank. But the check is counterfeit and it never clears. Attorney’s bank refuses to take responsibility for the situation. Attorney is now stuck with a big headache (and an unexpected shock to his pocketbook).

There is a subpoena waiting for you over here (link)… and by the way, you’ll need to download this ‘software’ to view it.” Right. Wrong. Tech execs who fell for this email scam were in for a nasty surprise. The subpoena, it turns out, was bogus and those who downloaded the add-on also ended up downloading a phishing virus that stole and then relayed the account login information of the mail recipients the next time they accessed their bank accounts online. Ouch!

“I said what?” Yet another scam, though you may not even be aware that it’s happening. Identify theft is rising and the latest victim is your good reputation. Scammers pose as you, using your name in emails or on bogus websites to attract unwitting consumers or other lawyers. They ask for money, disappear, and then there’s no one to blame… but YOU. Some attorneys are made aware of the fraud by recipients of the fraudulent information. More often, attorneys have no idea that someone is using their name and credentials to commit fraud.

So what do I do? A word to the wise: First, don’t fall for these scams if you can possibly help it. You can’t necessarily keep someone from using your name and credentials (you can’t be everywhere at all times to catch someone doing it), but you can certainly avoid the “Wire the money now!” scam. Don’t wire money until the check has been checked right-side-up, up-side-down and sideways by your own financial institution (not you). The fact that the check is made out to you or your firm AND the client wants the money right away is a whopping red flag. Run and run fast. If a deal looks too good to be true, it is too good to be true.

If you think you’ve been victimized by an internet scam, report it immediately to the Internet Crime Complaint Center (ic3.gov). If you have lost money, consider reporting it to the local police or the FBI. Following are links to useful Government resources:

• Federal Bureau of Investigation (FBI)
• Federal Trade Commission (FTC)
• Federal Communications Commission (FCC)

In general, lawyers can and should educate the public about scams involving the fraudulent use of an attorney’s identity. Get the word out: include warnings about such scams on your website, your legal newsletter, in letters to your clients, etc. Raising public awareness will protect unwitting consumers, and your colleagues, and hopefully reduce these egregious incidents in the future.

This should be true of you and your staff in the law firm as well. How you interact with the people who work for you and how they behave toward clients will affect how those clients perceive your firm. Your staff are an important part of your marketing strategy, because if they present a poor image, no matter how professional you are yourself, clients will not leave with a good impression and you may lose their business.

Remember that all of your employees are ambassadors for the firm. The way they answer the phone, greet long-term clients, and even talk about your company to their friends will affect your reputation and your image out there in the world.

You should let your staff know that they are responsible too for marketing the firm, and that you appreciate the part they have to play. Explain to them why it is important to be courteous and helpful to clients. Allow one of them to do research on a client’s industry, so you are not the only informed member of the team. Make them feel involved. Find out the background of the people who work for you. For instance, the receptionist could be a budding writer in her spare time. If she has writing skills, let her use them to help write client newsletters or marketing letters to clients.

Recruit a staff member to gather information about clients’ birthdays and then mail cards and even cake or flowers to those people with whom you’ve worked the longest. It also wouldn’t harm to hold a meeting on a regular basis to discuss marketing. Bring all their ideas and your ideas to the table. Spend some time looking at the competition. What does their website look like? What are they doing to attract clients that you’re not?

Discover your employees’ hidden talents. For if you don’t ask, you don’t get. And it may well be that Bob, your administrative assistant, is just waiting in the wings to show his prowess in the marketing arena. Don’t underestimate your resources. It’s a common mistake of highly educated people; they think they can handle everything on their own, particularly when it comes to promoting their business. Don’t make that same error in judgment.

My father used a Dictaphone to create his documents. He needed a secretary with special transcription equipment to get those documents onto paper. Once he got the draft back from his secretary, he’d mark it up and give it back to her with changes—because of both transcription errors and because things always look different written down. These days, I would not be without the modern equivalent of the Dictaphone—the digital audio recorder—which I find has multiple uses.

For instance, I take it with me to depositions where I capture those things that don’t get transcribed. One time, opposing counsel began raising his voice and badgering my witness. I objected and as he continued his tirade against me, I pushed my digital recorder a little closer to him and he shut right up. He realized that the judge would be able to hear everything he was saying if he filed a motion against me.

I also use this technology for recording witness statements. If I’m out of town, it’s very simple to download the audio files and email them back to the office for transcribing. When I’m reviewing documents or doing inspections, I will often make an audible record of my impressions on the digital audio recorder, so I don’t forget them, in the same way I would have, in the past, taken notes.

Most digital recorders offer hundreds of hours of recording time. Long recording times are great, but they come at a cost. Always make sure that the available time for high quality recordings is sufficient for your needs. Compressed formats (the ones that permit the highest recording times) discard parts of the recording. The manufacturers say you won’t notice the difference, and that’s probably true. But if you need to enhance the recording later on, you’ll want as much of the original data as possible. The ideal formats to use are an uncompressed WMA (Windows Media Audio) format or the Audio Interchange File Format (AIFF).

Similarly, a stereo recording preserves more data than a monaural one. On the other hand, it takes up to twice as much storage space. If you buy a recorder with stereo microphones, you should probably use the feature whenever you can.  That said, if you need a longer recording time—jettison the stereo.

Always remember to test a recording before you start the live one, and carry around plenty of spare batteries. You don’t want to miss an important part of a witness statement or a judge’s summing up because your batteries are low or you’ve made an error in setting up the recorder.

Digital audio recorders cost around $150-$200.

Taking the time to survey clients after you have done a job for them is important. You need to find out if they liked what you did, what you could have done better, and what they liked about what you did. Just for them to know you are interested in their feedback is a good start. It’s even better if you take into account some of their suggestions the next time you do business with them. For example, one of your clients says he wasn’t happy with the statement you sent because he couldn’t work out what he was paying for. Make sure the next time you send him a statement that you clearly outline what he is being charged for and why it costs a certain amount.

You can write the survey, or you can do it in the form of a phone interview. If you are going to call, be prepared with your list of questions and let the client know how long it will take. Make sure he or she has the time to talk to you.

Personalize the communications you have with your clients–particularly if you don’t have too many. An attorney who writes an employee manual for her client, a small business owner, can keep in touch with her client by apprising him or her of changes in the law that will require changes in the manual. In other words, be proactive with clients. The little things we all do make a big difference to what people think of us.

Finally, lawyers can be intimidating to the general public because the average person usually doesn’t know too much about the workings of the legal system. All they think is expense and more expense. The more accessible you can be as a person and the more accessible you can make the law, the more your clients will appreciate your work and the longer they will stay your clients.

Why Metadata is an Issue
Computer programs, such as the widely-used Microsoft Office suite, typically include data that exists as a hidden part of the document you’ve created. This data contains information about who authored the original document, when it was created, how much time was spent editing it and may even contain comments embedded in the document and/or text that had been previously deleted from the original document. Metadata can be very useful as it makes it possible to search for documents by date or author or to track changes in situations where partners and associates are collaborating on a document. When a document is created, edited, finalized and sent to opposing counsel, however, any potentially compromising metadata follows the document unless that document is “scrubbed,” or cleared of this hidden information. Many attorneys don’t even know that metadata exists, much less how to retrieve it from a document, but there are some who do, which raises serious confidentiality issues for attorneys and clients.

Metadata and Lawyer Ethics
In response to this problem, the ABA and some state bars have enacted ethics rules pertaining to the handling of metadata. These rules address the sender’s duties and the recipient’s duties, including whether or not the recipient has a duty to inform the sender that metadata was found in a document received by the sender. The state bars that have addressed this issue in some manner include: Alabama, Arizona, Colorado, Florida, Maine, Maryland (Ethics Docket 2007-09, Login required), New Hampshire, New York (Recipient’s Duties, Sender’s Duties and Recipient’s Duty to Disclose Receipt of Metadata), Pennsylvania (Formal Opinion 2007-500, Login required) and Washington D.C. Click on any state for a link to that state bar’s ethics opinion. The ABA and the state and local bars that have weighed in on this issue are split on whether or not a receiving attorney may “mine” for metadata, leaving the issue up for grabs depending on the state in which you practice. Attorneys who practice in states where there are no rules on metadata must make difficult choices between zealous representation of their clients, client confidentiality and what is fair and just under the circumstances.

How to Avoid Sending Files Containing Metadata
This problem would not exist if firms were adamant about not sending out documents that contain metadata. There are relatively simple solutions, one of which is to convert to PDF all files that you send as attachments instead of sending Microsoft Office or WordPerfect attachments. Office 2007 contains the new feature, Document Inspector, which will display the metadata in the document you are working on and remove it if you wish. It works fine, but you, the other attorneys in your firm and staff members must remember to scrub all documents before sending as attachments. Remember is the operative word here. The document isn’t successfully scrubbed unless someone remembers to scrub it. To solve this problem, some firms may benefit from programs such as iScrub and SendShield which automatically work with Outlook, Lotus Notes and GroupWise to prompt users to scrub their attachments before sending so they won’t forget. These programs will also scan for metadata in attachments received by the firm.

As the year progresses and law firms continue to struggle to make ends meet, technology budgets will take a large hit, meaning more must be done with less. Nothing new is the name of the game as there is simply no funding available for the latest and greatest. From putting software upgrades on the backburner to purchasing netbooks rather than laptops, firms large and small will have to think of creative ways to make the most of what they already have. Here are some tips to make the most of your technology dollars.

Get the Most from Your Current Software Investments

One easy way to cut costs in technology is to skip the latest upgrade. Saying no to Office 2007 will be painful, but digging deeper into your current version to find useful features that you didn’t know about will be worth the effort. Searching for training opportunities so you can learn more about the software you use will also help. If you must upgrade, negotiate with your vendor for better discounts and look for deals on the internet.

Go Mobile

If a hardware upgrade is not in your immediate future, perhaps an upgraded smart phone is. It’s cheaper and is quickly becoming a more widely used working platform amongst attorneys. The Blackberry and iPhone are the obvious choices here, with new applications that enhance productivity and connectivity. Go for the smartphone and look for ways to access documents and other data, as well as people and email, and treat this as the upgrade you otherwise didn’t get this year.

Utilize Web 2.0 to Save Marketing Dollars and Upgrade Online Marketing Efforts

Finding more clients and keeping the clients you already have (see below) is key to the survival of any law firm. During a down economy, it’s important to evaluate your marketing efforts to make sure you are getting the most for your money and efforts. The internet is the vehicle of choice these days. Look at your current web presence, your website and your directory listings to make sure they are as productive as then can be for your firm. Many directories have special options and features that allow you to better communicate your practice, yet few attorneys take advantage of them. These include photos, enhanced information about your credentials and practice, links to your website, and videos and/or audio clips. It’s worth the time to provide these, especially if they are already included in your listing at no extra cost.

As for social networking (Twitter, FaceBook, LinkedIn, MySpace, etc.), try a few options and pick the one that feels the most comfortable to you. Because you are busy, look to options that provide you with a solid presence but without the need for constant interaction.

Make Existing Clients Happy

Good clients are not easy to come by. When you have one, you want to keep them happy. You can use technology to make key clients happier by making it easier for them to work with you. Ask them if they have any problems accessing you, the documents you are collaborating on or any other information concerning their legal matter. Step up efforts to make copies of documents accessible without major technological investments and look for ways to troubleshoot document compatibility issues. Sometimes the problems are not complicated and a little effort will go a long ways to keeping a client satisfied and loyal to your firm.

Invest in Collaboration Tools

Look to collaboration tools, such as Microsoft SharePoint, GoToMeeting and Google Apps to assist with long distance collaboration instead of the more expensive, less efficient and more disruptive travel options. Google, in particular, has many tools to aid in collaboration, including wikis, shared calendars and Google Docs. These features are gaining more and more attention as users realize that a lot can be done with them for little to no cost. Users can share and collaborate on documents long distance with Office compatibility, plan using shared calendars, and create collaborative workspaces via Google Sites. The one drawback is the fact that information is stored offsite on a remote server, which could potentially lead to security and confidentiality issues for law firms. Yet smaller startup firms are starting to test these options. GoToMeeting provides a web conferencing tool that you can use from your Mac or PC for one low rate. You can hold more effective meetings long distance with the ability to give and receive presentations from your computer.

Practicing law in a down economy means doing more with less. Looking at cheaper technology options, bypassing possible unnecessary upgrades, getting the most out of what you already have and leveraging new technologies to boost your productivity and marketing efforts without a large monetary investment will all serve to boost your bottom line.

Developing a New Website

If you don’t already have a website and are developing one for your practice, consider the following:

• The Design: Don’t let your partner’s nephew design your website unless they are a seasoned professional. Your website is a reflection of you and your practice. It should look good, perform well, provide valuable content and give a potential client enough of a feel for the firm to make her want to call you and not one of your competitors. Interview multiple designers and ask for references. Call past clients and ask about the quality and timeliness of the work, as well as the reasonableness of the fee. Check out other websites designed by the same group or person. Make sure their designs work on multiple browsers (Internet Explorer, Firefox, Safari, etc.).
• SEO: Your website should also be designed with SEO (search engine optimization) techniques in mind. Proper SEO strategies will help place your website in a favorable position when potential clients search for a lawyer in your area using Google, Yahoo or any other search engine. Your designer may already understand and use these strategies. If not, you may need to consult an SEO specialist. Check out the next issue (May/June 2009) of Legal Web Briefs for more information about how to find an SEO specialist.
• ADA Compliance: Make sure your new website complies with the ADA (Americans with Disabilities Act). Bring this up with the designer. Compliance is relatively easy by using alt.tags where the images are placed in order to describe the images in text.
• Domain Name: Pick your own domain name and go for something that is easy to remember, like the name of your firm or your tag line. You are in essence branding your service when you choose a domain name, so choose wisely.
• Content: Provide your own content. Unless your designer is also an expert in your practice area, you should write your own content (or hire it out to an experienced writer). The content should be helpful, informative, professional and meaningful. You will likely need to provide the content in advance to the designer. Designers usually do not design web pages in a vacuum.

Evaluating Your Current Website

When trying to decide if your website is doing its job well, look at your traffic statistics on a regular basis. Also determine how long people stay on the website and then how long people stay on each page. Either the website can be set up to do this for you or you can use Google Analytics if the amount of traffic you receive has reached a certain level. If your site is set up using Google Analytics, Google will track many different types of information about your site, including traffic and users, and provide reports that you can access privately online.

Here are 10 key questions to ask when evaluating the strength of your website:

1. How many new clients have come to you through your website?
2. How does the website look compared to your competitors?
3. Is it easy to navigate?
4. Is the content interesting?
5. Is your contact information clear and easy to get to?
6. Do you include profiles of all the attorneys in your firm with photos?
7. If you visited your website, would you hire one of your lawyers?
8. Can you answer some frequently asked questions by clients on the website?
9. Do you have articles on the website written by your attorneys?
10. Do you have a form where potential clients can submit details about their case?
11. Do you include testimonials on the website written by clients?

Remember that your website is a critical part of your marketing plan. Don’t just put it up there and forget about it. Be constantly monitoring what it looks like, its traffic, and its effectiveness in getting your firm’s message across. Check in periodically with a designer or other specialist to ensure that your site is not getting stale.

Any Platinum and Premier listing can and should have a profile. If you do not have a Platinum or a Premier listing, upgrade now by calling 1(800) 775-8590.

To improve your AttorneyPages’ profile go to:
https://secure.attorneypages.com/controlpanel/

You may want to bookmark this URL so you’ll always have it handy. Next, enter your user name and password. You’ll be greeted by the Member Control Panel. Along the left-hand side, under the grey header Your Listing Information, click on Edit This Listing Information and from there you’ll be able to edit your profile pages using the tabs along the top. You can also create different descriptions for each area of law in which you practice. In this way, potential clients will see that you specialize in multiple fields. Be specific about your expertise and your experience so that the person seeking a lawyer gets a feel from your listing of what you do best and why.

Example:

DON’T: Our Law Firm has 26 years’ of legal experience in all types of law including divorce, bankruptcy, criminal law, personal injury, and more.”

DO: Our Law Firm protects the rights of those who have been injured by another person’s negligence. Bill Jones has been handling personal injury cases for more than twenty years. Call him today for a free consultation.

If you need help, call our customer service department. We are always available to make your experience with AttorneyPages as rewarding as it can be. Tel: 1(800) 487-5342 x6521.