11/6/09

Are We Dead Yet?

I read with great interest a NYT article, "Virtual Estates Lead to Real-World Headaches" that analyzed the death of an online relationship in Second Life. Apparently, a couple married, bought an island and built a house--all on Second Life. Last year, the man died of liver failure.
With the push of a button, the man's partner lost everything they had together on Second Life: their island, their home and all memories of their relationship. Arguably, since Second Life has a current currency rate of 259 Lindens to $1, the estate had some value and could fall under legal scrutiny. I remember when I first heard of Second Life back in the early 2000s I was ranting at my friends about how this was going to raise all kinds of weird legal issues like virtual property rights, trademark issues and contractual problems. I remember saying, "they are making and selling designer clothes for their avatars, for God's sake!" They all just rolled their eyes and said, "that whacky Lisa--she's such a geek." Well, they were right about the last half of that statement--little did they know how prophetic their words would be. As for the rest, it turns out that I was right, after all. I believe that we are just at the tip of the iceberg that represents all of virtual law. Remember, we are only at web 2.0. There is a long way between 2.0 and web 200.0--heck, even web 2,000.0. Don't believe me? Take a look at science fiction writer Orson Scott Card's description of social media that he wrote about in Ender's Game. He wrote that book before 1985 and it perfectly describes blogging. And we are only barely touching the surface of what the human mind is capable of imagining. Ever watched Ted.com? If you have, you know what I mean. We have only just begun to comprehend the extent of the web's reach.
My friend Saskia, a professor at University of Houston's School of Law, turned me on to related article: "What Happens to Your Facebook After You Die?". Facebook's answer is to shut down the profiles but to memorialize their wall so that friends and family can pay their respects. But it is causing some backlash because dead people were showing up in their "Recommend a Friend" feature. We--meaning the social media community--are still thinking through the physical, virtual and legal ramifications of the web. We haven't even begun to comprehend its reach.
What I foresee in the area of estate law, and the NYT article mentions this, is that lawyers will need to begin educating executors on how to manage the deceased's social media accounts. Will, Estate and Probate forms will need to begin including social media and online passwords to not only Facebook, LinkedIn, Martindale Hubbell and Twitter but also online banking, credit card sites and the like when preparing their documents.
Heck, lawyers might even think about creating online safety deposit boxes to "hold" all these valuable docs.
We just finished celebrating Day of the Dead here in Tejas. Might be a good time to contemplate these more macabre issues. Leave it to a lawyer to ruin the party.

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11/5/09

Raising Rates in 2010?

We at 3 Geeks will be watching with great anticipation and interest in how the 2010 Rate Increase Season unfolds. Firms and lawyers are facing a significant challenge this year. On one hand we have a zero inflation year (based on your source). And clients are still in cost-cutting mode – not very excited or open to hearing about hourly rate increases. This puts rate increases in the proverbial ‘lead balloon’ category. On the other hand many firms didn’t raise rates much, if at all, in 2009. And they may be living on deep discounts or even prior year rates with some clients. This squeeze on revenue and profits is hurting. Even with all the law firm cost cutting efforts (ala ATL) firms have been seeing downward pressure on partner incomes (how’s that for a euphemism?). So … what will firms do? One obvious answer is Alternative Fee Arrangements (AFAs). This shifts the question away from rates to fees. However, AFAs cannot fully address the problem. First – most engagements are still on the billable hour. And second – an AFA doesn’t change the law firm business model. It merely increases the pressure to change it. Another option is to co-opt the Big Four model. As I understand it, the Big Four rarely charge at full rates and preemptively raised their rates years ago to enable this method for maintaining revenues. For law firms this would mean raising rates and discounts at the same time. This tactic will leave existing clients at a status quo, but allow firms to start from higher hourly rates on new deals. Again – this doesn’t seem like a solution as much as a maneuver. Using the Big Four model will be problematic since firms are late to this game. The outcome of the 2010 Season will likely rely on the impending client rate letters. If clients are assertive and send out a preemptive strike – calling for status quo on rates, firms will probably go along. If law firms are first to move, they may have some flexibility in increasing rates. If firms are smart, these rate increases will be strategic – done on a market-by-market basis. For instance Bankruptcy and FCPA work, which are hot, will have lower rate sensitivity and be candidates for an increase. Whereas some other un-named practice areas won’t have such a luxury. Whatever happens, the 2010 Rate Increase Season will be interesting and probably entertaining. Stay tuned.

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11/4/09

Westlaw's OnePass Fiasco: A Study In How NOT To Roll Out A Change

Heads up to all you Westlaw users out there... you're about to face "change" dead in the face!
ThomsonReuters is rolling out a change in its password system and require everyone to roll over to their "OnePass System" by the end of January 2010. This, in and of itself, is not a big issue, but how they've started rolling out the change is. Seems that some of the Westlaw reps knew about this months ago and gave their folks the heads up. While others either didn't know, or didn't pass the message along until a mass email went out last Thursday -- announcing the change that was rolling out two days later.
Needless to say, there are some folks in the law library world that aren't happy with the way this was handled.
Now, I'll be the first to admit that sometimes we librarians can get a little freaked out on small issues, but I think this is one situation that should have been handled with a little more forethought on the side of West. Librarians tend to be the ones that have to pass along these changes to the attorneys, and in some firms, the librarian to attorney ratio can be 1:100 or more. Although theoretically we have until January 31, 2010 (nearly 3 months) before the roll out is finalized and the Westlaw sign on page goes away forever to be replaced by the OnePass sign on page, the process has already begun and now librarians are having to play catch up.
It would have been a lot better for West to announce this through the local reps at least a month before the OnePass registration process began. This would have given the librarians enough time to ask questions, prepare FAQ's, and work with other vendors that may be affected by the change (such as those Monitoring Software packages I talked about a few weeks ago.) Now librarians have to deal with many issues all at once rather than how to implement the changes in an orderly fashion.
We'll all survive this change, and probably be stronger as a result. But, next time, let's all work together to make sure we don't have to scramble to achieve the changes just because there is a lack of communication between the vendor and the clients. An ounce of communication can prevent a pound of complaints later!!

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11/3/09

Law Firms and the Cult of Personality

I have been thinking about the cult of personality lately. As geeks, we always like to think we are so nouveau, so cutting-edge in our attempts to lasso technology. Especially in the social media arena. Our pink-haired, horn-rimmed nerdy selves keep trying to out-tweet, out-blog and out-optimize one another in an effort to be ahead of the next big thing. But the truth of it is that the compulsion to create the cult of personality has been around for ages. What brought this all to head for me was watching Michael Jackson's This Is It this week-end (shameless plug for my movie review site inserted here). Talk about personality--he had it in spades. Whether you thought he was talented, weird, the King of Pop or whatever, this guy made and lost more money than most of us will ever see in our own lifetime. The man was a genius at making a spectacle of himself--intentionally or otherwise. The movie got me to thinking: just how does one achieve that kind of larger-than-life status? I think that is a question that all marketers, especially legal marketers, struggle with. Just how do you achieve cult status for a law firm? I mean, seriously, who has ever gone to a party and just started randomly raving about what a great lawyer they have because they helped them evade a $10 million fine for tax evasion? Or avoid an ugly trial that would cover the desperate allegations against drug company? Or how do you post a blog about how your law firm successfully negotiated a settlement for an undisclosed amount for an issue that cannot be discussed outside of the realm of attorney-client privilege? So we fall back on the cult of personality, where lawyers have to cultivate public personas to establish themselves as thought leaders in their given practice, which goes against most lawyers' academic inclinations and most large law firms mantras that "the whole is greater than the sum of our partners." The only lawyers that succeed at the cult of personality are those that are on their own, on tv or are judges--or some mix thereof. The most popular ones that come to mind are Judge Judy, Greta Van Susteran, Geraldo Rivera, the Supremes (a/k/a Ginsberg, Scalia, et al.) and Texas cowboy litigators, Percy Foreman, the DeGuerin brothers, Joe Jamail, and the late, great Texas lawyer John O'Quinn. All of this got me to thinking about one of the most influential of our early Americans, Benjamin Franklin. An uneducated man by any academic standards (he only completed 2 years of education) he developed his own cult of personality. I mean, how else can you account for him singlehandedly convincing 13 colonies, in the midst of a revolution, to move their clocks back one hour? How in the heck did he persuade everyone to do that without sending one single e-mail? And let's not forget all of his lady-friends. Now that's personality! NOTE: please don't hold me to the historical accuracy of the creation of day light savings--I am aware that this was a long, legislative effort conceived and compelled by other men--I am merely taking some poetic license to make a point.

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11/2/09

Twitter Lists - No RSS Feed?? No Problem!!

Twitter has come out with a great idea of allowing you to create "lists" of your favorite people and seeing what all of them are saying within a single view. Twitter is calling this the (unoriginal) "Twitter Lists". The list idea is great, but for some reason they left out one feature that might make this idea "great". Right now, you cannot directly create an RSS feed out of the Twitter list. I'm not sure why Twitter didn't build that into the initial release, but luckily for you, we've found a way around that little issue.
Enter one of our old friends, "Dapper Dapp Factory". One of my first blog posts was a review of the Dapp Factory, and it is still a jewel when you need it. Until Twitter wises up and figures out how great a resource the RSS feed of the Twitter Lists can be, here's what you need to do.
1. Find the feed you want to turn into an RSS feed:
For our example, we'll take Nicole Black's list of "legal-must-follows"
2. Copy the URL for the list and go to Dapper's Dapp Factory (create a free account if you don't already have one.) Select "RSS Feed", then click "Next"
3. On the next page, click "Add to Basket", then "Next Step" (ignore the message, as we are just going to upload this one web page.)
4. Highlight and click the Twitter Name, then save it as "TwitterName"
5. Highlight and click the "Tweet" portion, then save it as "Tweet"
6. Highlight and click the "Time" portion, then save it as "Date"
7. The results will look like this:
8. Name your "Dapp" and save it
9. Create the RSS feed following this format:
10. Copy and paste the RSS feed into your Google Reader or other RSS resource:
This is not a perfect RSS feed, but this will work nicely until Twitter realizes that creating RSS feeds of the Twitter Lists is a needed resource.
NOTE: Nicole Black also pointed me toward another Twitter List To RSS resource (although it is having some issues, Niki says to keep trying it and it does eventually work. Thanks Niki!!

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