Power Tools for Lawyers: Online Legal Source Search Resource
Some guys want to own a Hummer. Other guys want twin 500HP boat engines. Others want to own superfast computers. The truth is men (and women) like power tools. The tools I dream about (yes, this may sound strange) are power tools for lawyers. I enjoy being able to handle complex business transactions and being able to crank out piles of documents quickly and efficiently. The problem is that most tools for lawyers are pretty poor.
Why do legal publishers still call me by phone, trying to get me to “review” their latest book for a free 30-day trial? Is it because they know once they send it to me, I will forget to return it within the 30-day deadline?
Frankly, I don’t want any more books on paper. What I want is an online resource that is cheap, easily downloaded, and up to date. I want content that changes so frequently that it is not worth my time to download copies. I want to be able to search legal sources quickly to find answers before I forget my question. I want to be able to easily locate sample documents drafted (and used) by experienced attorneys actually practicng in my jurisdiction.
I also want to know what other lawyers use as primary tools in their specific areas of practice. I want checklists and document assembly systems. I want to do less typing and editing and more creative thinking and problem-solving. Why is it that these tools and information don’t exist in one nice easy to find resource accessible by a web browser?
I think the problem is with the centralized publishing model. Legal publishers don’t actually use most of the materials they sell. If they did, they would realize their materials are pretty poor (however, there are a few exceptions like Massachusetts Corporate Forms by Bohnen and Coggins). Yet, the best lawyers usually don’t share their “tools” with other lawyers, except on a limited basis as a “courtesy” or in the course of delivering the final work product to opposing counsel.
Too many lawyers think that sharing information means they are giving away their expertise. Well, I think the opposite. We all can benefit by sharing knowledge. If one lawyer shares information, that will encourage other lawyers to do so as well. One notable example is John Hession of McDermott Will & Emery (formerly with Testa Hurwitz and Thibeault). He and his firms have consistently shared and updated their venture capital financing documents with the MCLE. I’m not expecting lawyers to provide free legal advice, just to share with other lawyers the tools that they use in their practice.
Here is my challenge… if there is any document or information that you would like me to share with other lawyers, write a comment below. The challenge for you is to either (1) provide thoughtful and critical feedback that helps to improve my document or (2) you offer to send me a document of yours that I am interested in seeing.
[thanks to Roger P. Glovsky via cc]
Lawyer Fee Charging Methods: Hourly, Fixed & Contingency
There are three ways to charge for legal services: hourly, fixed fee or contingency. I typically charge for work on an hourly basis. Even when I offer clients a “fixed fee”, I have to estimate the amount of time it would take and base the estimate on some equivalent amount of time. Other lawyers charge on a contingency, but that is not generally appropriate unless the matter has a significant payout and easily definable objectives.
So how should lawyers charge for their time? Lawyers are are split as to whether to charge for a fixed fee vs. hourly.
Tom Kane, a marketing consultant and former practicing attorney, suggests that small firms can gain an advantage over large firms by “looking seriously at alternatives to billing by the hour”.
Chris Marston, founder of Exemplar Law Partners, LLC, a firm that claims to be the “first corporate law firm in the nation to exclusively adopt a fixed price model”, believes that fixed pricing must be based on “value to the client”.
Jeffrey Lalloway, a divorce lawyer in California, advises “not to hire a lawyer that is not willing to work on a fixed fee basis.”
Joseph Grasmik, a business immigration lawyer in New York, publishes “typical fees” on his website with detailed FAQs, but then invites potential clients to request an estimate for a specific matter. Mr. Gasmik also publishes a “do-it-yourself” engagement letter that clients are supposed to fill out and sign based on quoted fees.
My approach is not to be strictly limited to either fixed fee or hourly rates. For some matters, like incorporation, a fixed fee is appropriate because the nature of the work is known and can be estimated based on prior experience. For other matters, the time or work is not known and may be disproportionate to what the matter is worth objectively (because the client wants to pursue it for non-monetary reasons). What is important is to set expectations reasonably and to put the client in control of deciding what services they wish to buy.
I wrote that Knowledge Management will drive law firms of the future. If law firms develop high quality knowledge systems, how will that affect pricing? Will that make fixed fee billing more likely to be offered?
How do you think lawyers should charge for services?
[thanks to loozrboy and roger glovsky via cc]
Trying a Case and Winning It: The Jury Perspective Method
We generally win cases, and many have asked how it’s done. While this advice may appear to be directed to attorneys, it’s actually for our clients. Everyone gets emotionally involved in a case, and that’s one of the main reasons to hire a lawyer. Plus, lawyers know the Court’s procedures, and they can take the day-to-day worries of litigation off your hands. But every client, at one time or another, wants to do it on their own. In a nutshell, here’s how:
Framing the issue is perhaps the most important aspect of trying a case. Try not to accept the other party’s version of the lawsuit, and instead look at it not from your perspective, but the way the jury is going to look at it. Before we start a case, we pull the jury instructions we expect the judge to give. Since that’s what you have to prove at the end of the case at trial, that’s what guides us throughout the case – through discovery and depositions, motions and ultimately trying the case.
Match up the documents and testimony you have on your side of the case to the elements of proof in the jury instructions. Since jury instructions are written for everyday people to understand, there’s not a lot of “legal-ese” in them. Once you have your proof lined up, you’re ready to go to trial. Now, you have to learn the evidence rules. Matlock, LA Law and Perry Mason are not good guides for how it’s really done. Take a class or go to court and watch – the latter is the fastest way to learn, and while you won’t understand everything, you’ll see how the most common objections are handled and argued.
Finally, once you win your case, you’ve got to collect on your judgment. That’s the really hard part. Enforcing a judgment is a procedural nightmare. If you haven’t hired a lawyer yet, now’s the time. Unless you can get the other party to just write you a check, you’ll have lots of paperwork to fill out.
Of course, over 95% of all cases settle, so hopefully you won’t have to go though the trial and judgment collection portions of litigation. Remember, though, that settlements are compromises, and compromises means everyone goes away with less than they really wanted.
[thanks to ell brown and j. craig williams via cc]
