One of my friends (who also happens to be a Westlaw Rep) mentioned that she had some clients that were confused when I discussed “Cost Recovery” in the past:

They are on flat rates, and are small 3 or 4 atty firms….so they were relieved to learn that oddly enough, usage has nothing to do with their pricing and they can use the fire out of it without raising their bill. I was relieved to see that you explained that in the update – thank you!. In my world, 100% of my customers have flat fee subscriptions, and they read your column too. It provided me a wonderful opportunity to explain how their plan works, but the situation was eye opening to me. 

First of all, I’m thrilled that her clients are reading my blog (or is she just saying that to kiss-up??… oh well, either way is great!) Second, I should warn anyone that reads this blog that we have a terrible slant toward how things are done in BigLaw. Toby’s not as bad at is as I am… but, it’s kind of what we know.

I thought that I’d put together a short little presentation that describes the basics of cost recovery (at least in some big firms.) I created this in PowerPoint, then converted it to video using PowerShow.com. The conversion caused a few timing issues, but for a freebie… I’m not complaining! (okay… I’m now complaining. Unfortunately, PowerShow’s presentation is an “auto start” “auto repeat” process that is apparently impossible to turn off, so I’ve embedded the presentation from authorSTREAM instead.)  If for some reason you can’t see this because your IT department seems to think that “embedded video” = “porn” … then you can download the presentation by clicking here. Again, it is a very, very basic overview of how firms recover the cost of Westlaw or LexisNexis searches, but sometimes basic is what we need.


[Guest Blogger – Tracy Thompson-Przylucki]

I’ve given a lot of thought to the issue of Annual Meeting programming almost since my first meeting in 1997. I can recall in my first few years of attendance hearing my more senior colleagues express dissatisfaction with the programming, the scheduling, the no-conflict limitations, etc. As I newb, I was still absorbing so much I couldn’t imagine what they were lacking. But now (and for a few years) I find myself in the same boat. I want to be part of the solution but so far the exact formula for Annual Meeting nirvana eludes me. I still really enjoy the Annual Meeting and wouldn’t miss it for the world, but I’d be thrilled to see some disruptive change, some risk-taking. Even if it failed.

I don’t have any transformative suggestions, but I do have some observations. First, less is more. I’d like the Annual Meeting to be less of a mad dash and more of an opportunity to really connect with our colleagues, vendors, etc. A time to reflect, consider and absorb. Recently, especially since it’s been shortened, the AM feels frenetic and fractured.

Second, AALL (or any organization) just can’t be all things to all people. They have to maximize their resources to approach a Benthamesque balance; the greatest good for the greatest number. There will always be some of us who need/want more.

Third, taking these two points into account, I’d like to see LESS programming (throw eggs and hiss here), limited no-conflict times, and that lost day returned to the schedule (with no programming or exhibit hall on the last day). AALL could facilitate meetings (members sign up for the space they need) on the final day (SISs, committees, working groups, ad hoc groups, chapters, etc.) so that members would have the opportunity to get some of the real work done without conflicts.

I know that the number of programs will always be an issue. I just don’t think we need 6 or 8 programs in one time slot. Maybe 4? And rethink the tracks?

Perhaps (thinking out loud)

  1. New Professionals (<5 years) 
  2. Mid-career Professionals (5-10 years) 
  3. Advanced Professionals (10-20 years) 
  4. Mentors (>20 years). 

Or

  1. Law Library Administration and Management 
  2. Law Library Services 
  3. Technology in Law Libraries 
  4. The Future of Law Libraries and the Profession. 

Are you thinking about all the reasons these won’t work? How about thinking about how they (or others) could work?

I like the approach of crowdsourcing as some part of the selection process (perhaps not definitive) that someone suggested. This puts some of the responsibility on us as a collective. Remain unengaged at your own peril!

When I’ve inquired about the shortened schedule I’ve been told that it was largely a response to PLL members’ needs for less time away from their offices. If that is truly the case (could be urban legend!) front load the meeting with PLL content as much as possible to give those folks the flex they need.

Of course, AALL is a business concern. If they take big risks and fail, they risk losing us, their members and their lifeblood. So all of these comments are offered with one eye on that reality and an all too familiar understanding of the challenges membership organizations face in meeting members’ expectations, especially in this economy.

The first big mistake made on reducing legal fees was the focus by clients on rates and hourly discounts. We have previously talked about the value of this approach. Lower rates do not directly correlate to lower fees. Admittedly hourly rates have some impact, however, lowering unit costs without talking about number of units will have a marginal impact on costs at best.
The Next Big Mistake
Now we’re hearing a lot of talk about the level of associate salaries (especially first years’) and partner compensation from clients and client communities. Although it is not said quite this directly, clients are wanting to see published associate salaries and PPEP (profits per equity partner) numbers go down. Clients seem to be saying “When your comp goes down, that means I’ll truly be saving money.”
Thinking lower first year salaries or lower PPEP numbers will mean lower fees is yet another mistake. On the surface it may sound like there is a direct connection between lower fees and lawyer compensation, however this is not the case. To illustrate this point, consider that giving business to less profitable vendors of any type does equate to savings. In fact it has an equal or better chance of resulting in the opposite.
Taking a higher level view of this trend, I can see its source. In-house counsel have had issues with billing rates and outside counsel comp for years. So when internal pressures rose to decrease legal fees, the first two things in-house counsel would address are rates and comp.
My advice to clients: If you want to impact legal fees, focus your conversations on fees. I can appreciate the frustrations with rates and comp, but you should move past those and shift your attention to the real issue – Fees. I also appreciate that fees and cost savings are a new and challenging aspect of your job. Facing these issues head-on will be the least painful and most effect approach, in the short and long run.

[Guest Blogger Mark Gediman]


Since my post last week (A modest proposal), I’ve discovered that I’ve hit a nerve.  I’ve received several off-the-record responses as well as a few blogged ones, the most recent of which was from Caren Biberman this morning.  I have to say that several things have become apparent to me:

  1. I’m not as “connected” as I thought I was.
    I was unaware of the reports and decisions referenced by Caren in today’s post.
  2. There are quite a few PLLers who feel disenfranchised by the current programming at the Annual Meeting
  3. I have trouble seeing how a registration rate of less than 7% of the PLL membership in the pre-meeting Summit can be pointed to as a positive.
  4. Out the 100 people register for the summit, how many are attending the meeting? This to me would be a telling statistic.
  5. Over 1000 viewings of the post, but only 6 comments.  Hmm…

So, to address each of these:

  1. Why isn’t there better communication between AALL and the membership? Every posssible avenue should be used:
    AALL email list.  
    If it works for the President’s Letter, it can work for these kind of hot topics.
    SIS and Chapter listservs
    My experience with blogging has shown me that only when you let the widest possible audience know do you truly have a meaningful dialog.
    SIS & Chapter Leadership
    These are the people who are more closely connected to the membership, whether geographically or through their library.  Shouldn’t they be utilized more effectively?
  2. This is truly disheartening and should be a major concern for AALL.  The membership of the single largest segment of the association should be made to feel a part of the group.  The consequences of not being inclusive would result in a splintering of AALL, an eventuality no one would like to see.  I have made lasting friendships at the Annual Meeting with people from across the country and across disciplines.  
  3. I’m happy that over 100 people have registered for the Summit, but that means that about 1400 people didn’t.  The question we should be asking ourselves is “What can we do to bring more people to the Annual meeting?”
  4. Relating to 3, how many of the 100+ are sticking around?
  5. This appears to be the “Third Rail” of AALL politics.  Everyone wants to change but very few are willing to speak up.

My suggestion is just one possible solution.  Tracks are not by their nature exclusive.  People will remain free to choose to attend programs that match their interests, regardless of SIS affiliation.  The purpose of tracks is to ensure that needs of each group are being met.

Perhaps the AALL Business meeting in Denver is the proper venue to bring this discussion into the open.  I think that any discussion that has the success of the Annual Meeting and, above all, the Association as its goal is inherently good for the organization.

Marketing is not a bunch of random acts of marketing.

After reading Kim Rice’s blog on “How Can Law Firms Help Their Lawyers With Marketing?”, I just had to chime in.

The science of marketing, which is a combination of accounting, economics, statistics, management and, now, online technology, is a complex and fascinating field to which professionals have dedicated years of study. It is the science of trends—of both people and businesses.

May times I have seen law firms treat marketing as the party-planning crowd: drafting and re-drafting invitations like they are legal documents, creating fancy brochures (online or otherwise) and dreaming up one-off seminars.

But on some occasions, I have witnessed a few firms that have created an admirable alliance between marketing professionals and law firm leadership. Together, they create a firm vision, establishing a marketing plan to achieve that vision and then executing a strategy for its achievement.

This is terribly hard to do. It requires law firm leadership that respects the science of marketing and values the benefits that good marketing can reap. It requires a legal marketing professional that knows how to explain the importance of a marketing plan, then build a team that will execute that plan on a daily basis. Sometimes it requires the strength to say “no” to attorney requests that don’t fit into the firm’s vision. And sometimes it requires a leader to stand up for these decisions.

Marketing isn’t random at all. It’s a war.

A couple months ago we wrote a post about “Inefficient Westlaw Searches Causes One National Firm to Hold Mandatory Training for Associates”. Well, the firm that took on this challenge was Dykema, and I think that they took on an issue that most firms need to address. Pat Orr, Dykema’s Manager of Library Services, was nice enough to follow up with me on the training and give me the ability to share her comments with all of you.

Greg

It’s hard to believe that 2 months have passed since our ” Westlaw Legal Research Best Practices at Dykema” sessions.  As promised, here is the full story.

Our Chief Operating Officer has an executive assistant; a partner transitioning into retirement.  That partner works as a liaison between the practice groups and the COO, particularly for expense review; chalk it up to the economy.  One of the most successful partners was shocked by the cost of a Westlaw search,done by an Associate. He started an email discussion in the Litigation Group which quickly reached the exec assistant partner. Three of the most successful partners in the firm quickly joined in.  All three are avid Library users.  I’m happy to say that it wasn’t long before everyone recommended “Get the Library’s help.”

The decision to not include the Westlaw reps was based on a couple of issues.  The partners wanted all Associates to feel free to ask any questions they wanted and not feel stupid.  They knew the Librarians would give specific examples to illustrate each research tip.  The partners also wanted us to be able to cite specific firm policies, possibly something more sensitive in nature- which we might not do with a vendor present.  We have a great relationship with our Westlaw reps. They knew the decision wasn’t a criticism of their work.  In fact, they helped us write the program.

We divided the program into 2 parts. I spoke about the subscriber agreement, and how it really isn’t a flat-fee contract despite what your billing attorney may tell you.  The reference librarians addressed the specific tips, and how they do a search in Westlaw.  We had more than a dozen questions, and took the time to give detailed answers.  We wanted to be sure that each question got a clear answer.

Of course, it was a big success: attendance was 100%. (Remember, this was a mandatory program. Attendance was taken- food was served!)   As I review the monthly search reports out of QuickView, I can tell that the effort paid off.  We also had feedback from both partners and Associates.  The partners want this program to be mandatory for summer associates, and for the fall associates- even if it’s a repeat for them.  Associates are calling us for guidance before they start a complex project.
We use some of the material as part of orientation for lateral hires. 

My thoughts are that Dykema is a trailblazer in the area of making sure that Associates use resources efficiently. Although it may seem extreme to make all of the Associates attend mandatory training, it really shouldn’t be seen as extreme at all. USING RESOURCES LIKE WESTLAW OR LEXIS IS EXPENSIVE… TURNING UNTRAINED ASSOCIATES LOOSE ON THESE RESOURCES IS IRRESPONSIBLE!!! The first training slide in the presentation lays out the fact that the firm does not have a “FLAT FEE CONTRACT” with Westlaw… and that the firm is charged for each and every search conducted. The idea of a flat fee contract is a holdover from the Associate’s law school days, and it is one of the most difficult things that the law firm librarian has to break in the Associate’s head.

In the presentation that Dykema presents, it lists out 17 points that help the Associates become better researchers. None of the 17 points are earth shattering ideas… but, if you’ve never been trained, or you’ve gotten sloppy in how you conduct research, it was good to be reminded of these simple ideas. It lists the “do’s” and the “don’t’s” of research and specifically lists some things to stay away from (e.g., 50 State Survey Reports at $250.00 a pop…) But perhaps the best slide came with the idea of “Talk to the Experts!!” The slide points out that there is no additional charge for contacting the Westlaw reps or research attorneys for help… it also points out there there are experts on staff in the library that should be contacted as well. I’m glad to see that these points were taken to heart by the Associates and they are now contacting the research experts in their library before jumping into a complex project. That alone shows the benefits that Dykema is reaping from requiring all of its Associates to attend the training.

I give all of those at Dykema that are responsible for initiating, conducting and following up on this training a big round of applause for showing the rest of us the need that exists and a way to take on the challenge through educating those that need help. I hope that all firms learn from this and start working on their own training sessions to improve the way their Associates conduct research.

I love the last slide in the presentation… which dovetails nicely with the Einstein image above. Remember: it is called Research for a reason.


[Guest Blogger Mark Gediman]


Scene: A dark room, the only light coming from two guttering candles sitting on a large weathered wooden table.

Seated around this table are several hooded figures.  A black velvet bag marked with arcane symbols sits in the center of the table.  One of the figures stands and addresses the group:
“OK, here’s the next submission.  Ready? Rock, Paper, Scissors, Lizard, Spock!”
This is how I picture the AALL program selection process.  
The recent blog post from Caren Biberman (“Some thoughts on Programming at AALL“) clearly expressed the frustration that Law Firm librarians are feeling, and let’s be honest, have felt for years about the program offerings at the AALL Annual Meeting.  
I believe that there are a few factors at work here:
1.  A greater percentage of the active members of AALL are from academic and government institutions.  This can skew the program selection process due to a having a different set of priorities rather than a desire to discriminate against one group.
2.  Firms are tighter with professional development dollars, limiting attendance at these meetings.  A librarian commented to me yesterday that she couldn’t use the program offerings to show her firm how it would help her be an asset to the firm.  Instead, she had to use the intangibles of networking, vendor contacts and new products that might be useful to the firm.  A much more difficult case to make.
3.  As someone who has submitted several programs over the past few years, I can tell you first hand that AALL has the most difficult program submission process of the major legal associations.  This definitely has a chilling effect on submissions.
Here is my modest proposal:
I think the annual meeting programs should be organized as tracks broken out along the lines of the major SIS’s (PLL, Academic, Courts & Govt) with an extra track for law librarianship, cross-disciplinary programs (i.e., “How to get published”).  The National Online Meeting and the ILTA Annual Meeting are organized along these lines.  This would allow the individual groups to determine the programs that best meet the needs of their members.  It would also get away from offering programs that may be skewed toward one group but isn’t readily apparent from the description. The audience that a program is geared to would be obvious from the track it is in.  For example, budgeting for firm librarians is a completely different process than it is for academic or government librarians. 
The PLL Summit this year is an attempt to address this need.  However, the time and additional cost for housing and admission are barriers for firm librarians to attend.  If the Summit were folded into the Annual meeting, it would give the firm librarians something that they could show their firms to better justify the expense.  I think implementing this could also result in increased attendance for this group.
I’m all for being inclusive.  I’m thankful to AALL for providing me with a venue to connect with colleagues from across different libraries as well as from across the country.  I think that anything that brings more people to the Annual Meeting is good for both the profession and the Association.

According to the New York Times, Loyola Law School in Los Angeles is “tacking on 0.333 to every grade recorded in the last few years” with the goal of making “its students look more attractive in a competitive job market.” Apparently, the new grade inflation for law students is becoming all the rage across the country, and if your school isn’t doing it, the students get upset. I’ve seen a number of tweets and blog posts talking about this “phenomenon” over the past few days, and every time I see one flash by, my only thoughts are “Big-Whoopty-Freakin’-Deal!!” Last time I checked, if you raise everyone’s grades, everyone’s class ranking stays the same.

Hint to law students… if you have a B+ average and you’re in the bottom 1/3rd of your class ranking… employers know there is grade inflation. All that grade inflation doesn’t really help you, or make you look that impressive to potential employers. Everyone knows it is going on, that’s why we look at class rankings and the reputation of the school your attending. So, complain to the Dean of your school all you want to raise everyones grades from a B- to a B or a C+ to a B-, it won’t help.

Now instead of faking your way from a B+ to an A-… be proud of your grades. We here at 3 Geeks think that recruiters should hire the “C” students. Like Toby said back in February:

Harry S. Truman said “The ‘C’ students run the world.” The gist of that statement in our context is that C students are the ones with the relationship skills. For them school wasn’t about getting the best grade. Beyond learning, it was about enjoying the people you met. These C students are the ones that make business happen It’s their relationship skills that get and keep clients and make the business a success.

So quit focusing on the red herring of inflating your grades and start working on improving your overall class ranking. If you can’t improve that, then work on those skills and relationships that will make you better prepared for the transition from the academic world into the real world of the business of being a lawyer.

I sat in yesterday on an event hosted by LexisNexis on the webinar/virtual panel entitled “The Discipline and Benefits of Project Management.” The two panelist were Bruce MacEwan, Founder, Adam Smith Esq., and Tom Birsic, Partner and Litigation Practice Leader, K&L Gates, and both had a lot to say about the current state of Legal Project Management (LPM) for in-house and outside counsel. It was interesting to hear both MacEwan and Birsic discuss how LPM is basically still in its infancy and that currently there is a ‘fuzzy’ distinction between what lawyers consider case management, and what lawyers need to change in order to accomplish Legal Project Management. Subtle though it might seem on paper, MacEwan went on to say that the law firms that figure out that distinction and are the first to act and explain the value of LPM will be at a serious competitive advantage over their peer firms.

I’ll list some of my notes that I took while listening in below, but wanted to reprint the overview of the discussion first, as I think it lays out a good overview of LPM and what the panelists were focused on discussing.  Note: It was actually a video panel – vpanel – but the video was quite disappointing because it tended to freeze and make the panelists look like they were in the middle of a painful medical procedure. Apologies to Kevin, Tom and Bruce for posting this snapshot of the vpanel… but the video was pretty bad…

Overview of Panel:

Project management is nothing more than rationally supervising the process of 



  1. deploying resources 

  2. which have associated costs 

  3. against tasks 

  4. to accomplish specified objectives. 

Viewed this way, disputed matters and transactions are simply types of projects, albeit sophisticated ones. Learn more about how project management can help make alternative billing models more predictable, transparent, and effective, including:

  • Why your firm needs to focus on continually improving project management skills

  • Developing ways to more readily provide budget updates to clients

  • Ensuring that lawyers are skilled at clarifying and communicating expectations and guiding the engagement process


  • Implementing processes to review performance at the end of an assignment, or sooner, if need (“Lessons Learned”)

  • Applying the appropriate staffing model that provides the needed skills at an acceptable value.

My Notes:
Project Managers – Should it be current lawyers or should firms bring in actual project managers?
I was surprised right off the bat when Birsic mentioned that he thinks that firms that try to convert one of its existing lawyers into a Project Manager is not as effective as bringing in a “real” Project Manager. This made me wonder if this is one of those situations where this is a ‘factually correct statement’, but one that if you attempted to implement would fail due to firm culture? Kind of like the fact that cars with mid-engine, front-wheel drive chassis are the most efficient… but no one mass produces this type of model because no one buys them? 
Key to LPM is to have a process for rigorous “early case assessment”
Partners that establish procedures for creating early case assessment documents are working in the right direction for implementing LPM processes. The early case assessment document should be initiated within the first 45 days of the matter, and should be viewed as a ‘living document’ that will change over the life of the matter. This reminded me of Jeff Carr’s talk at the Texas Bar Association meeting where he said that he wouldn’t even talk with outside counsel unless they presented him with an early case assessment document that explained how the firm was going to handle this matter, and what the lawyers anticipated were going to be the overall goals and objectives for this matter over time.
Electronic Billing is one of the greatest tools of case management
MacEwan mentioned that the implementation of electronic billing is one of the best tools ever for managing cases. I’ve also heard this statement before when the issue of LPM is discussed. Why is electronic billing so important?? Most likely for two reasons. 1) It creates another logical process that shows the tasks, and the costs that those task create. 2) It is a de facto communication between the client and firm. Clients get a chance to see costs as they are created, and perhaps the ability to question those costs.
Are there trade offs between the quality of work and cost controls when it comes to LPM?
This is a question that is asked a lot when firms think about LPM. If costs are cut, doesn’t that essentially mean that quality will suffer? Birsic said that quality is not compromised when LPM strategies are used because your improving the efficiency, not reducing the quality of work performed. He did throw out the caveat of reducing quality at the Request for Proposal (RFP) stage by the client. If the client is pressing for price over quality of firm, then there might be a trade off at that point. However, Birsic specifically mentioned that LPM does not increase the overall costs for the client. If it does, then the client has either hired the wrong firm, or the wrong in-house counsel.
LPM is not stressed during the RFP stage — unless the RFP is asking for Alternative Fee Arrangements (AFAs)   
Birsic mentioned that he doesn’t really use LPM as a selling point for most RFPs. That changes if there is a request for AFAs, however, because the firm and client need to understand the overall process and costs of matters when deciding the fee structure on AFAs. Firms that have structured LPM processes in place are better equipped to handle AFA negotiations successfully, and to structure the metrics needed to evaluate how well the firm does in handling AFAs (did we lose money, break even, make money, make too much??) Birsic also noted that in-house counsel are very bad at these types of metrics in trying to determine how well firms have handled AFAs for them. 
LPM is here to stay… learn it, practice it, live it, or get left behind
Both MacEwan and Birsic didn’t hesitate to say that LPM is not a ‘favor of the month’ idea. LPM is here to stay and those in-house and outside counsel that understand and require/perform LPM practices will have a significant competitive advantage over those that pretend that the status quo is “good enough”. Just as with any other skill, the more you practice your LPM procedures, the better you will get at it.
Legal matters are expensive… LPM will help somewhat, but not make it cheap
MacEwan mentioned that sometimes outside counsel need to be realistic with clients when it comes to the cost of litigation or other legal issues. He mentioned that clients complain that outside counsel don’t understand the pressures that they are under to cut legal costs from the corporate hierarchy. Sometimes outside counsel need to frank with their clients and remind them that legal issues are expensive.
Case Management is not Legal Practice Management… but the differences are ‘fuzzy’
Birsic discussed the belief that most attorneys believe that they are conducting ‘case management’ on all of their matters, and that most attorneys believe that they are excellent case managers, thus do not need to do any LPM processes. MacEwan chimed in that the difference between case management and LPM is fuzzy, but that the firms that distinguish the difference, implement the processes, and act first will have a serious advantage in the marketplace.

In the recent Law Technology News Vendor Satisfaction Survey, it seems that the users of the low-cost legal research service Fastcase give it an 87.5% “Excellent Price for Value” approval rate. Compare that with the users of Westlaw (12.7% “Excellent Price for Value”) and Lexis (14.3% “Excellent Price for Value”). Granted, there were a lot more participants in the Westlaw (n=181) and Lexis (n=147) than were in the Fastcase survey (n=8), but let’s face it… most attorneys feel that they can’t use anything other than Wexis to do research. However, there is rumblings even in large law firms to take advantage of resources like Fastcase, Loislaw, Casemaker and Google Scholar in order to reduce the overall costs to the firm and the clients. Fastcase has worked very hard to break the attorney’s belief that Westlaw and Lexis are the only resources that they have at their disposal to conduct quality legal research.

Many of the librarians I’ve talked to lately say that there they are being asked more and more to train associates to use and understand the benefits of resources like Fastcase and even (or rather, especially) Google Scholar. I’m thinking this isn’t just a fad… it is a trend. We’ve mentioned before that you are stupid if you aren’t using these resources in some capacity at your firm, especially if you get these free through your state bar association!! As a law librarian you really need to get on top of these products and understand how to use them, and how to train others to use them. This is one of those situations where your skills are needed by your firm in order to help push costs down.

Congrats to Fastcase for scoring an “Excellent” rating in 7 out of 10 categories.  Here’s hoping that next year’s survey shows them catching up to the Wexis vendors in number of responses!

FASTCASE SCORES:

LEXIS SCORES:



WESTLAW SCORES: