The Fax of Life: Electronically

Faxes are, well, so 1980s.

E-faxing is a nice way to avoid excess paper and to funnel everything into email and onto your computer, where you're going to store everything else that comes into your office.

There are a lot of different services online, such that it's not really worth trying to compare them. They're all about the same; they give you a number, you get a couple of hundred outgoing minutes a month (generally it's about a minute a page sending a fax), and unlimited incoming minutes. Services start at about $10/month. Also, there's no need to have an actual fax machine.

Good Old Email: Can It Help With A Paperless Office?

Answer: absolutely.

People receive court documents and information from clients all the time through email. If those documents only stayed that way, there would be no paper created.

The best way to use email so as to reduce paper is to send court documents to adversaries whenever possible through email, and to make sure to communicate with clients if possible through email. All of the submissions and attachments can then be put in the respective clients' folders, and are thus just as searchable as if you scanned them into PDFs. Of course, not everybody is going to be that technologically progressive, but you do what you can.

Scanners

Scanners are probably the most common and useful part of any paperless office. The idea, of course, is that you will take any of the paperwork you get in the mail and scan it into a PDF on the computer. You could also scan in opposing parties' pleadings and other litigation materials. The advantages of this approach are several- first, there isn't as much paper hanging around the office, and second, new advances in searchable PDF technology make it easy to search the contents of any documents scanned in, and potentially make it a lot easier to find anything in a large quantity of papers.

The only real disadvantage of this method is the time investment involved. Scanners of course are a lot faster than they used to be, but it still takes an ongoing time commitment on the part of either you or your staff. I would recommend a scanner to any lawyer, if for no other reason than because it is so easy to send documents back and forth via email (and increasingly courts are accepting or even requiring submissions via the Internet).

Voice Recognition Software

I like to write my thoughts out in an outline before I write anything of any length. That's especially the practice of those attorneys who are not great typists.

Voice recognition software lets you talk into a microphone (often something worn on the head) which then "writes" into your word processing software. Some people use it to write everything, and can sound kind of zany when using the commands the software offers to make corrections ("Scratch that. Scratch that!") or make capital letters ("Cap that!").

However, if you just want to use it to write letters or quick notes to yourself, it'll at least save you some of your secretary's time. Which they can then use to scan documents in using your new scanner! Which is tomorrow's topic.

Defining a Paperless Office

People used to talk about "inbox zero." That was the twenty-eight seconds that we had that one time at 2:28AM one early Sunday morning when there was nothing at all left in the inbox. Of course, now a lot of us just look to keep our heads above water, let alone aiming for zero.

An awful lot of people are eerily close to "inbox zero" while worrying about (or worse, experiencing) the dreaded "paper avalanche."

It's awfully hard to stay organized with all that paper floating around. But one reason a lot of people don't shoot toward a "paperless office" is because they don't know what it means, or if it's possible.

Wikipedia may not be admissible in court, but it works for my purposes. I'm going to adopt the following definition for a paperless office:

A paperless office is the basic idea was that office automation would make paper redundant for routine tasks such as record-keeping and bookkeeping.

There are several things you can use to make your office more "paperless," as long you know what your goal is and how far you're willing to go to achieve it. Those things include voice recognition software, a scanner, email, electronic faxing, and outsourcing of paper-based tasks (like mailings).

Mutual Expectations

I think I stole this idea from a tweet by Matt Homann. In which case, hat tip to him.

Another way to keep perspective, and also a good business planning tool:

1. Make a list of the things your clients should expect of you.
2. Make a list of the things you should expect from your clients.
3. Use them to keep you on the right track.
4. Now that you're using them, why not show them to your clients as well? If you make yourself accountable to them, they won't mind being accountable (in more ways than one) to you.

Keep Up with Colleagues/Friends

Another nice way to gain perspective or keep it? Make sure to talk to friends and colleagues if you're confused, and get them to remind you that you're on the same path you've been on. If you're not, they'll let you know.

One good way to do that is to "buy in" to an existing network of professionals through renting office space. As Carolyn Elefant notes in this recent blog post, renting in a down economy may not be the practice-killer that it would otherwise be. I'm (and she's) not saying to splash out on a fancy pad if you're just starting out, but an office in a building with other professionals in your profession will help you get a sense of how you're doing and will also allow you to create a "backup" system if you get into trouble and need somebody to cover you. She and I talk mostly about lawyering, but it applies with equal force to most other professions.

SMART Goals

Here's one way to keep perspective. It helps to have goals set (and kept in front of you) that work to remind you constantly of where you're going, so you don't get sidetracked by the various little things that happen on a daily basis. One method often used to formulate these goals is known as "SMART goals:"

S = Specific
M = Measurable
A = Attainable
R = Realistic
T = Timely

...so in other words, "I will do very well someday" would not qualify as a SMART goal because it's not specific enough (I will make $X), measurable enough (quantifiable in money or time), attainable (how does one attain "very well?"), realistic (there may be speed bumps along the way and it's hard to jump to "some day"), or timely ("someday" of course isn't really set in terms of time). A better example would be something like

Within six months (timely), my business (specific) will be operating on a break-even basis (realistic- I'm not looking to make a million overnight) (measurable). Is this goal attainable? I don't know yet, but I think it might be. As a result, I might use this as a goal, and adjust it as time goes by.

On Perspective

A lot of people are wildly optimistic about some coming development in their lives. At least they are today. Tomorrow, they may swing wildly to the other side of the spectrum, based on little data, or even based on the absence of data. ("They didn't call back; they must not be interested.")

Why do people change their opinions on something so quickly? I submit that it has a lot to do with a lack of perspective. If you don't have a grasp on the big picture (your long-term plans), the little things are going to run your life. And those little things are appallingly little- the lack of a phone call, or an inflection in someone's voice. An eyebrow.

I have a few ideas on how to combat this problem, to come in the next few days.

Universal Truth of Self-Employment #8: Emotional Decisions Often Self-Destruct

Do you want to sue, or to vent? One is easier (and cheaper) than the other...

If someone has done you wrong, taken something that's rightfully yours, and you're mad at them, there are many things you could do. Some of them, for legal or moral reasons, you wouldn't consider. Some of them, like suing them, you might consider. Or, you can just let it go and talk it out with someone.

I talk a lot of people and small business owners out of paying for and pursuing litigation because I realize why they're doing it. They want to use lawyers and litigation as a sword, rather than a shield. There are times, of course, when litigation makes a lot of sense and has a nice added emotional benefit. However, if you're primarily suing someone (or filing a motion, or whatever) because you're mad or hurt, you might find you're going to drag out the pain and suffering for yourself as well. At day's end you might find it wasn't emotionally worth it, let alone financially worth it.

Friday NIght Lawyering?

A little personal note tonight-

I'm writing a brief tonight, at 11:30 at night. I'm not necessarily proud of this, but my wife understands. We're still spending time together, and I'm awfully happy we can balance our lives when I have to do work at a weird time (and certainly not during business hours).

I don't think I want to make a habit out of it, though I may not have much of a choice- solo practice, and especially litigation, involves working a lot and at weird times.

Blog Action Day: Climate Change is the Topic...

This is not really a legal topic, but still:

and it's snowing in New Jersey and Pennsylvania. Everywhere Al Gore goes, it seems to hit record low temperatures.

The media proclaims that it's perfectly obvious that climate change is happening and will be irreversible imminently. However, people still disagree, and not just crackpots- it's respected scientists.

The climate change issue isn't all that different from legal issues: reasonable people can disagree. There isn't a definite answer to this one, because the forces at work are too complex to understand completely. We shouldn't act like we do understand them.

You can read lots of other blog articles about climate change at http://www.blogactionday.org.

It Can't Hurt To Ask!

This little piece of advice is mostly for non-lawyers.

You know when you get a traffic ticket? Or some place tells you that your rent is going up? Or a car dealership gives you a certain price? That's fine, unless you're not happy. The only thing stopping you from possibly getting a better shake is yourself. It's just like your parents said- it can't hurt to ask. What are they going to say? No? So you're back where you started.

You Don't Always Need a Microphone and a Speaker System...

if the people in the stadium aren't listening.

This is why lawyers talk to small groups and not in big arenas. Ask most lawyers, and they'll tell you that a few focused, motivated clients make all the difference between a great year and a mediocre one.

The key, of course, is finding those small groups and talking to them. Which obviously isn't as easy as it sounds.

Retainer Agreements- Or Double-Edged Swords, whatever you prefer

I find myself writing a retainer agreement for a client, and it just reinforces to me the notion that a lawyer must be extra careful about drafting the retainer agreement to protect them. Contracts such as these often involve people who aren't as sophisticated as you are, and courts tend to read them very narrowly against you. You don't want to get stuck with a bill for an expert (see here), or not be allowed to collect your fee at all (here). You really don't want to get into ethics trouble (here). So be careful. I suspect that talking about the specifics of a retainer agreement is beyond the scope of the blog, so I would advise you to contact me off-list or to talk to another attorney who can help you.

However, the one thing that's true regardless of what kind of contract we're talking about: write them carefully, read them carefully, and try to have a little foresight when doing both things to imagine what might go wrong.

New Lawyers: Free Work Might Be a Good Thing

This is for new lawyers, or for lawyers who don't have a lot of experience in a practice area. If you've been around a while, see you Monday.

Say you don't know anything about an area of law. Find somebody who you know, and have them walk you through it. If you have a relationship with a client, make sure the clients thinks you're the one doing the work, but give their fee (most or all) to the experienced attorney. The attorney is more likely to help you, might refer you cases to return the favor, and you're going to learn in the meantime without having to pay. Plus, you'll have a happy client, which is always a good thing.

Universal Truth of Self-Employment #7: Set Goals, and not just for your business

We all know some wildly successful businesspeople. These are people with drive and vision, and who have executed a solidly constructed business plan to make lots of money. They have more work than they know what to do with.

We all know some very happy people. They are content with life, and know how to handle the stress and challenges that life throws at them. They are happy with their family, relationships, and are overall positive forces in our lives.

We all want to be part of both groups, but too many times success in one precludes success in the other. It doesn't have to be that way. It sounds simple, but it's really very difficult: make goals, revise them when they don't work, and figure out what will make you happy. BALANCE. Find the courage to shake things up if they're not working. Heck, shake things up before they stop working.

For Lawyers Who Think "Expertise" is King...

The ability to deal with people is as purchasable a commodity as sugar or coffee and I will pay more for that ability than for any other under the sun. -John D. Rockefeller

I agree you can make good money by being good at lawyering. I agree that if you are the best in your field, you can write your own check. However, how big is the top of that pyramid, and how big is the fall-off from there?

I would make more money as a a so-so lawyer who was great at dealing with people than an A+ lawyer whom people would never let out of the office. Plus, most of the time when people need lawyers, they don't need lawyers- they need practical, sensible advice from somebody who isn't emotionally invested in their situation. There's no law school in the world that can teach that.

Using Meetup.com to Talk to Clients

Carolyn Elefant recently wrote an article about attorneys using meetup.com to talk to people (and potential clients) about legal issues. It's worth checking out and seeing if an attorney can do something with this without spending a huge amount of time at it.

Carolyn's article is here. It was written on October 1, 2009.

Using a Living Will to Facilitate Suicide

An interesting article came up over the weekend about using a letter as a "living will" in England to commit suicide. Look here for the full article.

A woman wrote a letter three days before she poisoned herself with antifreeze. In the letter, she stated that she might arrive via ambulance (that she herself had called), but wanted no lifesaving measures and only wanted to be made comfortable. When she administered the antifreeze to herself and called the ambulance, she brought the letter with her and gave it to the doctors. The doctors obeyed her wishes, fearing assault charges if they disobeyed what they believed to be her clear intent (which she had the capacity to express). She died afterward.

A few interesting questions here. Is this a living will? I suppose so, although it doesn't meet the legal standard codified in New Jersey law (two witnesses, notarized, etc). It does at least give some indication of the intent of the testator, even if it's limited to something like suicide. It also indicates that there is capacity, and that the person did think about this before penning the document. However, did the medical staff act ethically in allowing the patient to die? Apparently so. However, I don't like the precedent this sets. Especially where there is a clear public policy against suicide in the United States, using a living will to facilitate suicide places the medical and legal professions in conflict. The law should protect doctors who want to contradict the wishes of their patients in this kind of circumstance, and/or invalidate living wills purportedly used for this purpose.

Let Us Shed a Tear for the Super-Rich...

http://www.msnbc.msn.com/id/33092678/ns/business-forbescom/

The richest Americans lost $300 billion this year, or about 19% of their net worth.

19% is a huge drop. All of those folks living in trailer parks after banks foreclosed on their houses are feeling your pain. Oh, wait, they're not. They couldn't care less. Neither could I.

Hey Lawyers- Free Forms Aren't Necessarily Bad

Just two thoughts:

1. Repair shops love other repair shops that do bad work. It creates lots more work for them, and happy customers when the good shops get it right.

2. Just because the forms are free doesn't mean that there aren't other services, related to the forms, that might be quite profitable. The challenge is finding those services.