I know, I know.
What’s with the Google +1 ad to the right of the 3Geek blog?
As I so screechingly lamented in my 3/31 post, “So Anyone Out There ‘Liking’ Google’s ‘+1’?” , Google sent out emails advising them of the launch of the +1 buton today.
I’m talking out of both sides of my mouth.
So sue me.
I’m a lawyer. And a marketer. What do you expect?
So. Do you like us? Really, really like us? Then +1 us!

First off, I’m going to come out and say that I think that what the Illinois Supreme Court officially adopting a vendor-neutral citation system is a great thing. In fact, EVERY STATE COURT should adopt a vendor-neutral citation system that allows everyone to access new decisions immediately, and with the ability to have an instant and authoritative method of citing to those decisions. Now, with that out of the way… let me make a couple of suggestions to that same court about some things it really needs to re-evaluate when it comes to a Uniform Citation System. (See the PDF press release… of course, even the press release is in PDF format… see #3 below on this one.)

  1. Go buy and read this book: Universal Citation Guide 2nd Edition
    This will be an invaluable guide to see what type of citations actually make sense and why states should at least attempt to be consistent when they decide to adopt a vendor-neutral citation system. I know that Christopher Bonjean’s post in Illinois Lawyer Now mentions the 1994 AALL edition and the 1995 ABA endorsement  but I’m thinking that someone got a little “fast and loose” with the guidelines when the final format came out from the Illinois court.
  2. Dump the “Year” + IL + “Docket Number” and go with a more standard “Year” + IL + “Decision Sequence Number”. Although the chances may be slim to none, there is a possibility that you could end up with to cases being decided that have the same docket number (because they came up through the court in different years.) Perhaps the Illinois docketing rules are different, but I’m still a big fan of the sequential numbering system over the Docket Number.
  3. Drop the PDF-Only Formatting. Putting the official release in PDF format just means that you’re giving up one proprietary format (Westlaw & Lexis citations) and adopting another. I know that Judges love PDF formatting, but many Judges would still be using WordPerfect 4.1 if they thought they could get away with it (anyone want to be me that there are still some Judges out there that secretly type up their documents in WP 4.1?? I’m thinking there actually may still be a few out there.) – See Elmer Masters’ blog if you need a second opinion on the PDF-Only issue.
  4. Put the documents out on the web, and make them searchable. It’s not like I’m asking for you to create an iPad App. You used to have a website that contained your decisions… time to fire that baby back up!
  5. Look at the Oklahoma Supreme Court as an example. Now, here I’m a little biased because I worked for the Oklahoma Supreme Court on their OSCN.NET project, and I still think they have the best example of what a state court can do to really adopt a vendor-neutral citation system and create a platform to serve the public. 
I was joking around on Twitter about the things that I found to be “silly” when it came to Illinois’ decision to go with their citation and PDF formatted decisions. But in all honesty, I’m really glad that the Illinois Supreme Court has taken a step in the right direction when it comes to breaking the hold of the proprietary citation systems. I really hope that the court can look at this list of five suggestions and really consider tackling a few of them before they get too far down the road and can’t turn around.

In the past few of weeks, LegalBizDev announced a couple of noteworthy milestones. These advances are further evidence that Legal Project Management (LPM) continues to evolve and expand in the market
First Certified Legal Project Managers announced.
On May 18th, Jim Hassett announced the the first lawyers achieving certification in his Certified LPM program. Three lawyers from three different firms completed the six month certification. Their firms range in size from eight to 1200 lawyers, so this represents a a healthy range of practitioners. You can see the details of each project the three used in the certification in the blog post.
Good stuff.
Second edition of Legal Project Management Quick Reference Guide released.
On May 25th Jim also announced the release of the second edition of this practical LPM publication. I serve on the advisory board for this publication and had the opportunity to preview it and give some input on the content. This updated edition further refines and advances LPM concepts and is a great resource for the beginner and more experienced LPM types.
LPM continues to evolve and will be a critical asset for law firms and practitioners. More and more we see that lawyers need to adopt LPM to drive a more efficient and effective practice of law. We look forward to hearing about the evolution of LPM from Jim and others in the market.

Interested in all things digital? Well, if you didn’t know, for the first time in its history, the 9th annual D: All Things Digital is going to be streaming its sold-out conference. Kicking off the conference will be Google exec Eric Schmidt, who will step up to the mike at 6:15 PDT. Netflix CEO and Founder Reed Hastings will speak tomorrow at 8:30 a.m. PDT. Featured speakers include Hewlett-Packard CEO Léo Apotheker, Nokia CEO Stephen Elop, DARPA director Regina Dugan, Twitter CEO Dick Costolo, Steven Sinofsky, president of Microsoft’s Windows division.

[Please Welcome Guest Blogger – Jeff Ward]



Today my 10-year-old daughter asked once again for a cell phone. “All the other kids have one. I need it for emergencies.” I replied with the obvious answer: if all the kids have one, she’d have plenty of phones to borrow in an emergency. She feels entitled, but I’m waiting until she is mature enough to be responsible.
In the grown-up world, how often do we deny ourselves the latest cool techno-gear when we’re not ready to handle it? I expect my iPad or Android or laptop to do everything I want. If I’m writing a guest blog, it should come off flawlessly, right?
This notion of technology entitlement boils our frog-water so slowly we don’t notice the trouble we’re getting into. How many of the millions of iPad 2 buyers really know how to use it productively? Yes, many are experts at retrieving eggs from evil green pigs, but how many think, mistakenly, that their agile finger-work will ensure quality work product?
Great technology does not equal great work product. Imagine yourself on a golf course with an Adams Speedline 9064LS, one of Golf.com’s best-rated tour drivers of 2011. How will you fair? Pros will do really well. If you’re not a golfer, you may miss the ball. If you play occasionally, you’ll send the ball farther—a much farther slice off the course than before. Just because you have the best technology, you are not automatically a great golfer.
In the legal industry, effectiveness is measured in the quality of legal work and the ability to run the business. Technology greatly enhances efficiency (time- and money-saving aspects), but effectiveness (ability to reach goals) lies in the expertise of the technology user. This expertise cannot be given; it comes from hard work and practice, at which point you know the power and limitations of the tools. Effective technology is not an entitlement.
I offer three rules to avoid an entitlement mindset:
Don’t entirely trust technology. Aside from occasional bugs, your computer doesn’t make mistakes, but it still may not give you what you want. The word judgement is a legitimate alternate spelling and may not be picked up by your spell check. Redline markingss maycan be accuratecorrect yetbut difficult hard to readdigest. When you send your Word document to a printing company, expect the table of contents to be wrong, since a different printer driver changes pagination. Technology can save you hours; take a few minutes to proof your final work.
Don’t let technology control you. Don’t waste time over-manipulating fonts and formatting. Don’t ask for reports you won’t use. Don’t add form fields calling for information you don’t really need. Don’t, under any circumstances, get sucked into browsing for golf clubs when you are supposed to be writing your article. Don’t let technology snafus impede your common sense. The other day, I quickly pulled up some driving directions. I sent them to print and spent 20 minutes troubleshooting printing problems. Needlessly, I was late to my destination. I could have handwritten the six or seven steps and been on my way.
Do become the expert you need, or else find the right expert. We’ve all suffered through bad presentations, but one story illustrates the cost. In Ernst v. Merck, a 2005 Vioxx trial in Texas, the jury awarded $253.4 million to the plaintiff. Several articles attribute the large reward to attorney Mark Lanier’s bullet-free PowerPoint, which helped weave a vivid and emotional tale. It contrasted dramatically with the bullet-filled, dry presentation of defendant’s counsel. Lanier was not a PowerPoint guru; he hired Cliff Atkinson, author of Beyond Bullet Points, to help him pull together a compelling story. (See “Beyond Bullet Points” on Trial and Tap into the power of a PowerPoint storyboard).
Always keep in mind your business goals, and learn to use efficient technology effectively. And don’t let technology lull you away from common sense. A couple of weeks ago, I texted my wife to call me. She texted back, “I can’t right now. I’m driving.”

When Google announced it would be accepting requests for testers for its new cloud-based Music Beta platform, I immediately sent in my request. After a couple of weeks of waiting… and assuming that I wouldn’t be invited… I finally got my invite and jumped in with both feet. After a couple of days of testing it on a few computers, my Android phone, and even my iPad, I think there is a lot of potential here, and there’s also a lot that can be improved. I’ll be pointing out both in my review. Perhaps the most impressive thing about the Music Beta project is the amount of space Google gives you for your music. I expected to see a limit of 2-10 Gb like you would see from services like Amazon’s Cloud Drive, or from services like Dropbox. Instead, Music Beta gives you the ability to upload up to 20,000 songs in either mp3 or AAC format. I did some quick calculations based on the size of my music collection on my iPad (@3200 songs = @12 Gb of space) and estimated that 20K of songs would end up being around 75 Gb of space. That’s a lot of space, and a lot of music.

Google Music Beta uploads your music using a PC or Mac based program called Music Manager. With the Music Manager, you can sync your music files from either your iTunes library, your Windows Media library, your My Music folders on your PC, or from any other folders you select (and you can select multiple folders if you have a unique way you store your music on your computer.) The upload speed will vary depending upon the speed of your Internet provider, but I was able to upload all of my music from my PC over one night. You can change some of the options on the uploading procedures and limit the uploads based upon if you want to do it all at once, or if you want to only upload a few at a time, or if you want to upload the songs manually. You can also set how you want the Music Manager to use your Bandwidth. You can also have Music Manager start when your computer is restarted, and it will upload any new music you add to your collection automatically. During the install of the Music Manager, you are also given an opportunity to select the type of music you like, and Google Music Beta will add some free songs to your collection based upon those preferences. I checked off a couple of music selections, and ended up having over 100 free songs added to my collection. Now, I have to say that some of those freebies were really good (a couple of Cheap Trick, Live at Budokan songs are awesome), and some were… well, I just got to say that I personally wouldn’t have picked David Cassidy’s cover of I Think I Love You as one of my choices. But, they were free, and as many of you know, I like free, so I’ll put up with a little Partridge Family to get to the Cheap Trick stuff. Once the music is uploaded, you can play it through just about any Internet connected device. I’ve tried it on my PCs, my laptops, my iPad, and multiple mobile devices that have Internet browsers. So far, the music service worked on everything I tried (with the exception of my Kindle, first-generation device.) The only real annoyance I discovered on any of the mobile devices is that on the iPad you have to use the two-finger scroll method to move the music lists up and down. But, considering I had access to my music collection from pretty much any device with an Internet connection, I could put up with a few individual device quirks.

Google’s Music Beta interface is similar to the iTunes, but not nearly as flexible as iTunes is with how the artists, albums and songs are displayed. Visually, iTunes is much better, especially with the way you can set up the Cover Flow visualization. With Google Music Beta, you can see the album covers, but only if they are embedded in the MP3 files. There is no “Get Album Cover Art” option on Google Music like there is on iTunes. If you want to add the missing album covers, you can do so manually through the edit options for each of the individual albums. I hope that Google works with someone on this to make it easier to get the album artwork automatically, rather than having to do so on a one-on-one basis.

Just like the iTunes “Genius” tool, Google Music Beta allows you to create Instant Mixes by selecting one song, and it will then find 25 similar songs based upon “a combination of metadata and audio analysis to create playlists that match the mood and style of your selection.” Just like the “Genius” mix, however, these Instant Mix lists can be hit-or-miss, but usually aren’t too bad on how they select other songs. My suggestion for both iTunes and Google Music is that they give the user the ability to help in the selection process. So, for example, let’s say I pick a song by the Hard-Rock, Girl vocals, Spain-based but sings in English band, named Dover, and want a mix. In iTunes, the Genius program selects all of my Spanish songs for the mix. Whereas Google Music selects a bunch of girl vocal, pop songs. Neither of those really fit what I’m looking for, so perhaps adding an option for me to exclude, or include certain categories would make it work better. A few other features of the Google Music Beta is the ability to rate songs with a simple ‘thumbs-up’ or ‘thumbs-down’ option. Of course, I immediately thought about why would you upload songs you would want to give a thumb-down to in the first place?? Other features include grouping songs by genre (based upon the metadata from the songs), sorting by the number of times the song has played, or sorting by the ratings you’ve assigned to the songs. Speaking of sorting, there is one major flaw in the sorting by Artists that would drive most librarians crazy. Artists with “The” as the first word in their names get sorted in the “T’s”. So, groups like The Decemberists, The Dollyrots, and The Donnas show up in the wrong place when you sort by artists. This is not the case in iTunes, and I’m hoping that Google fixes this during the beta phase. Perhaps the biggest short-fall of the Google Music Beta is the “Shop this Artist” option which simply links out to Google Shopping page for a hodge-podge of different places to buy additional material. Unlike the Amazon or iTunes Store, the shopping options are very disorganized and lack the integration that you get from the Amazon and iTunes services. Overall, the Google Music Beta is pretty good for Beta, but still needs a little improvement with its interface, its sorting and selection processes, and its integration with online services to purchase and download new music. All of these issues aside, the basic idea of being able to access your music on most Internet enabled devices, and to do so for free, is something that is worthwhile. If you want to test it out for yourself, Google is still accepting requests for the Music Beta.

Yesterday Google announced the release of its Google Wallet app.

Taking advantage of near-field communications (NFC) technology, Google’s android now comes equiped with a app and an NFC chip that allows consumers to pay for goods and services with a quick swipe of their phone.

Different from Jack Dorsey’s Square technology, the phone does not require any additional hardware in order to complete transactions.

Reports are that Sprint, Citibank, MasterCard, Subway, Macy’s, Walgreens, Toys ‘R Us, and First Data are partnering with Google. And with Mastercard’s backing, Google Wallet will be fully compatible with their already existing PayPass system.

And to entice consumer usage, Google is implementing their own take on Groupon with Google Offers. Tallying loyalty cards, coupons and purchase points, Google hopes to capitalize on their strong suit: advertising.

Right now, Google’s Sprint Nexus S 4G works with this technology but other Androids will be rolling in. RIM’s already commited to implementing this technology in future Blackberry releases. Alternatively, phones without built-in NFC could add an NFC sticker ($36), which will need to be implemented on any iPhone device due to Apple’s reticence to “buy in” to NFC technology. Check out this definitive list of NFC phones if you want to know if which phones are or will be NFC.

Notably, Hong Kong and Japan implemented NFC technology a number of years ago and it continues to be a success.

So what’s in it for the lawyers, you ask?
Imagine this if you will: a new client comes to you to lay out the facts of his fantastic claims of his wife’s/partner’s/competitor’s flagrant breach, evidenced by text messages that he shows on his phone. You agree: the evidence is solid.

Then you ask him for a retainer. He pulls out the same phone, you push forward your NFC chip reading device (I’ve seen them sell for anywhere from $50-$250) and, VOILA! His money is now your money.

So, you ask, what’s in it for Google? Surely, they are getting a cut or fee? Nope. What they are, and always have been banking on, is data.
Yep, once again, privacy rears its nosy little head.
Google’s gonna know what I bought, where I bought it, who I bought it from … you get my drift.
So you see, there will always be a market for cash …

Kingsley Martin’s KIIAC KM tool has been highlighted on the 3 Geeks before. The KIIAC tool is a next-generation KM analysis resource, that analyzes a volume of documents to determine the most standard language for each clause within the document set.
The direct value of something like this tool is obvious for a firm. Law firms now spend copious amounts of un-billable time developing and maintaining model document templates for a given practice. KIIAC can do the same in seconds at a fraction of the cost. At a recent conference, I made the point that now a firm can actually know what its standard documents look like. Developing a model, standard template in the old-fashioned way produces what one person or small group of people think the standard should be, not what it actually is.
Now … extend that thinking to the broader market. Think of the power and value of being able to produce standard document templates at the market level?
Well actually … Kingsley was already doing that thinking for you. He recently released his Contract Standards web site, where he is gathering various types of documents, running them through his KIIAC analysis engine, and producing true industry standard models. The site includes checklists, clause libraries and a document assembly engine for compiling standard clauses into usable documents. The site already includes a number of agreements and will grow over time.
Another form site? Not really. Just like the law firm challenge noted above, KIIAC brings the knowledge from very large sets of documents and brings in to focus a true standard. What this means is we now will have Standards with a capital “S” in the legal market. These standards come from documents actually being used on the market, not what some small group of people think should be used. These standards will be knowledge that hasn’t previously existed.
Caveats: Obviously having a true standard will be dependent on having a relatively large set of documents in the system. But the beauty of the system is that it will scale to very large sets. So over time, the standard will become more and more focused as it gets used and continually augmented with new sets of documents.
Imagine what the existence of real market standards could mean for the practice of law?
Yeah I know – my mind just blew up too.

We seemed to have asked about a hot topic issue this week when we wondered if non-lawyers that work at a law firm should be visible through the firm’s website. This actually may be the Elephant Post with the most contributions (18 total), and although most answered “Yes”, it wasn’t even close to a unanimous response. One noticeably missing profession from the contributions, however, were lawyers. Lots of non-lawyers (actually some are lawyers, just not actively practicing for their respective law firms) chimed in to give their votes for or against (and a couple that were very close to “I voted for it, before I voted against it” type of endorsements.

I did get a personal message from one lawyer that claimed that it may actually be a bar violation to present non-lawyers on the firm’s websites. The thought was that it knocks up against the unauthorized practice of law (UPL) issue. I talked with a couple more people that were familiar with various Bar Associations and they assured me that as long as it was clear that the non-lawyers were clearly identified as not being lawyers, that this wouldn’t violate the UPL guidelines. When I brought this answer back to the lawyer, however, she scoffed and said that she wouldn’t want to take the chance. If anyone wants to clarify the UPL issue, please feel free to set all of us straight.

Enjoy the contributions. Thank you, everyone that contributed. Once you’ve digested these, scroll on down and take a look at next week’s post which asks if a two-tiered Associate system will be the make up of law firms in the near future.

Kate
Sales/Marketing
Yes

When my former law firm re-did their website, there was a page for administrative managers with their contact information, and if those people spoke, wrote articles, etc., they received equal promotion on the firm website as the attorneys.

See: http://www.saiber.com.  Under “Publications and Articles” the fourth article listed is written by the Director of Finance.  And on the “Firm News” page, the first item under “October 2010” is from the Executive Director.

Vivian
IT
Yes

It’s more friendly and personal, less imposing and intimidating to prospective clients.

Sarah Mauldin
Librarian
Yes

Absolutely!  If I might appear on your bill, you ought to be able to find out a little more about me and why I am qualified to perform work you should have to pay for.  I think this extends to paralegals, lit support folks, etc.

Elaine Knecht
C-level Librarian
Yes

Particularly in this social networking age, every opportunity that a firm has to make a connection is a good one.

Julie
KM
Yes

Non-lawyers should absolutely be promoted on a law firm’s website.  First, such promotion helps improve morale within the firm, particularly in the case of a substantial administrative staff with a wealth of talent and expertise.  Second, law firms stand to benefit from educating clients and potential clients about their administrative infrastructure.  We are all aware of the dramatic shifts in the legal economy in the last decade.  More than ever, departments such as KM, LPM and Pricing/Finance are actively involved in matter management.  Clients have taken a keen interest in law firm resources extending beyond the capable and talented lawyers that many law firms can claim they can offer.  Promotion of non-lawyers is, I believe, critical to successful law firm business development from now on.

Jason
IT
Yes

It takes more than the lawyers to make a law firm work and so senior non-lawyers should be included. After all a website is as much about selling to customers as providing information to all interested in the company, providing details and CV’s of your CFO and CIO’s can tell you a lot about the running of the firm.

Andy
IT
Yes

Because they provide value to the client.

Scott Jaffee
Controller
No

The purpsose is to attract clients who pay for legal services.  The website should focus only on that.

Anonymous
Marketing
Yes

We post some on our site- we draw the line before paralegals, but those admin folks (almost always billers) which the practice leaders feel give us a competitive advantage get listed. This includes patent agents, admin directors, etc. I think it’s a good policy- if these people make our client service stronger and will come into direct contact with the client, we should list them.

ThatTech
IT
Yes

Look, at the end of the day, Law Firm’s are businesses. Businesses in general have a lot of moving parts to make it successful. It’s almost silly, or unwise to think that it wouldn’t be in the firm’s best interest to show off their talent.  Frankly, if I knew so and so was working at XYZ Firm, I might be more inclined to join. Like any other job, people are attracted to other talent too.

So speaking from an IT perspective only, why not showcase your superstars that back the wheels run smooth?

Dave Rigali
CIO
No

We aren’t the reason why people come to the Firm’s web site.  We don’t provide legal services to clients.  There are obviously exceptions to this, but I think this is generally true.

Law firm web sites need to stop being shrines to the Firm and to their attorneys, let alone administrative staff.  They need to make it easy for clients (or prospective clients) to find information about the specific experience and expertise the Firm and its attorneys have.  I’ve never understood why so many sites have news tickers and profile generators on their home page as if someone has the time to read random blurbs about the Firm.  Promoting administrative staff would simply add to the noise.

I would make an exception for COOs.  They are usually part of the executive board and often bring pertinent background and experience that might influence a general counsel’s decision as to whether to engage the Firm.

This is not to say that staff can’t be promoted on the site at least indirectly.  Staff may be involved in the Firm’s diversity program or community service activities for example, and these are increasingly important factors in hiring decisions.  But I don’t think that individual bios for staff (for example) are necessary or even advisable.

Christopher Fryer
IT Director
Yes

IT expertise is a great marketing tool.

Andrew Collier
CIO
Yes

Of course, the non-attorney staff supports the professional staff; however, is the impact of this support even really acknowledged, other than when it misfires or is unavailable?  In Many cases, the impact of the support staff manifests itself as a force multiplier.  Paralegals and business analysts perform the research that can be the defining aspect of making or breaking a case.  When clients are impressed with the appearance of the office reception or conference rooms, it is pretty clear the partners and associates were not up late with the spit and polish.  When the concessions and catering make a war room remain productive, who ordered the food, presented it, made sure the coffee was hot and plentiful, and soft drinks cold? When the documents that have to be submitted by 5pm on a Friday are dropped on a secretary’s desk at 4pm, who ensures the attorneys work is properly formatted, spell checked and cited before letting it out the door?

We are constantly telling our people that they are the greatest resource the firm has to wield over its competition, yet rarely do we sing their praises in an open forum.  Occasionally, you will see a reference on a website about the “team” that backs up several individually named attorneys.  You may see the occasional reference in a staff meeting or firm “all call”. However, like the names that turn heads among attorneys, in many areas of legal support, there are individuals that stand out as “go to” guys/gals among our peers.  Just look through the ILTA, ARMA or ALA rosters, and many other groups) and you will find those folks that transcend the firm they are currently employed because of their skills, professionalism, experience and personality.  I consider many of these fine people role models and (unbeknownst to them in most cases) mentors that I glean information and guidance with many of these individuals being well below the C-level.  It is in the firm’s best interest to promote these folks to demonstrate their competitive edge and to build the firm’s brand through the achievements of the exceptional support staff.

It is about time that we promote the entire firm, not just the attorneys.  Without doubt, it is the attorney’s names on the door.  They do take the responsibility of face of the firm, there is no denying that.  We all need to remember that we are all under the employ of the billable hour.  When an attorney writes an article for a business journal or gets interviewed as commentary for a national trial, these should be marketed and publicized.  And the same should be so, when your Controller  writes for the ALA Legal Management, your Records Clerk is sourced as an authority on retention in news story or your IT Security Specialist gives a standing room only presentation at the ILTA Conference.  The firm has invested handsomely in the non-legal staff, they should see it as no question when asked to market their single greatest resource.

Shirley Crow
CIO
Yes

We’re professionals who contribute to client service and a law firm’s success.

Anonymous
Librarian
No

How far would this extend – someone mentioned the people who keep the place clean and orderly.  Valuable work indeed but what would the rationale be for putting these people on the website?  Are clients/others going to want to contact anyone other than attorneys?  Would the law firm want people to directly contact professional staff such as the librarians?  Even though we make a substantial contribution as well as do IT people, paralegals, records managers and others whom I am going to offend by not including them here , we never get the recognition we really deserve. I’m not sure what the goal her is but if it is for recognition, the website isn’t really the place for that.

Anonymous
IT
Yes

Won’t really matter, no one reads law firm websites anyway.

Clare Brown
librarian
Yes

1. We are as professional and as qualified as lawyers
2. Networking opportunities – It is good for other librarians to find out where friends/ex-colleagues are
3. Demonstrates that law firms care about/ respect their business support staff

Ayelette Robinson

KM
Yes/No/Maybe

To be honest, I wish Greg had given a ‘maybe’ option. A part of me feels strongly that all the hard-working and skilled professionals who support a business should be promoted on a website — for all of the reasons already mentioned above. But when I asked myself what I look for on a company’s website, I had to admit that I wouldn’t really care about seeing the people who make the business run. To be honest, I just assume that any good business has good people running it.

And my question to everyone who said “yes” on this post is: when you go to gap.com, cnn.com, or ey.com, would seeing the biographies of the IT, accounting, and marketing professionals truly affect your decision about whether to purchase or use the company’s services? Or in your heart of hearts do you feel the same way I do, that – unless proven otherwise – you assume the company is providing its employees with appropriate IT equipment, managing its financial strategy soundly, and marketing itself well to ensure future business? Even (perhaps especially?) if you don’t make that assumption, would seeing the biographies of those professionals on the company’s own website really make a difference or would you assume that those biographies are spun to sound great regardless of whether or not the professionals are strong?

In other words, if you don’t question how the business is run, you don’t need to see the biographies. If you do, you’re probably going to do research in places other than the company’s own site.

Next Week’s Elephant Post Question:

Is a Two-Tiered Associate Track the way of the Future for Law Firms?

Most of us have read the New York Times article on how firms like Orrick, WilmerHale and McDermott Will & Emery are experimenting with creating positions of “career associates” or “permanent associates” and starting them out at around $60,000 per year. I found it interesting that some of the people I know that gasped when newly minted Associates’ pay jumped to $160,000 a few years back, and now are gasping at the non-partner track Associates’ pay of $60K.

So, what are your thoughts? Good idea? Bad idea? Done deal?? I’m sure that in this time of law students coming out of school with no prospects and $100K + in loans, maybe this is exactly what they need. Could it be a win-win for both those students and the law firm, or is this second-tier system going to diminish the prestige of the law firm and the associates that take these positions?

Note: Guest Blogger, Ian Nelson

It was fascinating to read about BigLaw exploring new, more efficient ways to practice on the front page of the NY Times Business section.  If this doesn’t demonstrate how mainstream and “ready for prime time” this issue is then I don’t know what does. I certainly agree with the author of the article in that this movement is certainly in response to a “fundamental shift” in the law firm business model.

It’s also interesting to note that this “non-partner track” or “career associate” role being described is essentially that of the professional support lawyer, a role that I wrote a few posts on earlier this year and which Toby wrote about last year.

The issue that was not addressed by this article and one that merits further analysis is how to best structure this role so that the firms and clients realize maximum value.

Since the idea behind this role is to allow firms to operate more efficiently, offer services at lower prices and still grow profits, I wonder how efficient it will be if each firm hires large teams of support lawyers that, in many cases, are tasked with almost identical responsibilities.

Of course, each practice group and firm is different but it is safe to say that in this era every firm should have updated standard templates and clauses, practice and how-to guides, checklists, etc.  To not have them at all times is putting a firm at a competitive disadvantage, but the document itself is not why a client is hiring a firm.  In other words, IBM is not hiring a firm due to their form of asset purchase agreement or standard board minutes.

Should we now have every large firm essentially creating the same materials?

It is an interesting question and one the UK had to deal with as their own PSL industry developed.  The UK firms certainly started down a path of large teams of PSLs each doing the same things, but then the firms started to realize that outsourcing the generic materials and using their PSLs for firm-specific and client-facing work (the “crown jewels”) was a much more cost-effective way to proceed.  As I pointed out in my earlier posts and for full disclosure, the company I work for, Practical Law Company, is a provider of these materials to law firms and legal departments.

As the NYT article points out, this model is indeed one of outsourcing, but at a much higher level.  Firms need to take a look the economics and decide whether they are truly looking to the best value source.  30 people at $60,000 a year is $1.8 million – a rather hefty investment.  In most cases, the people filling these roles are experienced practitioners.  I would argue that focusing their time onto high level, firm specific work and outsourcing the generic work to trusted providers is a combination that truly reflects innovation and efficiency.