Recent Articles

Big Data and Legal Knowledge Engineers

February 13, 2012 16:02

The NY Times' declaration that we have entered the Age of Big Data suggests we are ever closer to realizing author Richard Susskind's ("End of Lawyers?") predictions for lawyers. What is Big Data?  According to the NY Times: A meme and a marketing term, for sure, but also shorthand...

Low Cost Response to New Internet Naming Options

September 26, 2011 14:00

Internet naming is going to get a lot more interesting now that generic Top Level Domains (gTLDs - the word to the right of the dot, as in “.com,” “.org,” or “.net”) are expanding from the 22 options currently available to domains ending in brands, products,...

What Makes Associate Successful in a Flat Fee Firm?

August 21, 2011 22:27

HInt: it's not how many hours they bill; in fact, we've studiously avoided setting a target number of billable hours. Another Hint: it's not following the sage advice (for associate survival in BigLaw) given to me by one of my hardened BigFirm associate cronies: "Don't Panic and Assume...

Hourly "Safety Valves" for Flat Fee Litigation

April 29, 2011 12:30

A safety valve in a flat fee litigation agreement that puts off for a later date the negotiation of fees for late phase activities such as trial should probably include at least a default hourly fee pending the re-bargaining of a new flat rate.  (Yes, notwithstanding my strong bias in favor of...

Quora: How to Cut (Hourly)Fees

February 21, 2011 13:28

Quora, the hot new Q&A site, has people asking whether it is "the biggest blogging innovation in 10 years?"  the "Next Red-Hot Web Start-Up"  or could be "Bigger than Twitter"  ("[i]t's smart. Really Smart").  We couldn't resist seeing...

Should Lawyers Use Google AdWords?

January 31, 2011 12:30

There's no question that prospective clients of non-hourly priced legal services can't find the "new normal" firms offering these services unless the firms are doing some shouting online, see our Nov. 30 post.  It's equally as clear that the shouting can be done ethically, see our...

Shouting Via Pay-Per-Click Advertising is OK

December 18, 2010 13:00

Online advertising by attorneys via pay-per-click* is an effective and most likely necessary means of reaching many of the prospective consumers of new normal legal services, as discussed in our previous post on "shouting."  But before jumping in, what is the regulatory...

Marketing New Normal Firm: Shouting Still Necessary

November 30, 2010 13:30

The shift in the balance of power towards consumers means less “shouting” (marketing) about your product or service, according to Jeff Bezos, Amazon founder. "Before if you were making a product, the right business strategy was to put 70% of your attention, energy, and dollars...

Patent Marking Ruling Means Bigger Damages

October 07, 2010 23:16

The Federal Circuit's recent decision affirming the patent jury verdict in Funai v. Daewoo effectively increases the money damages that can be recovered by millions if not tens of millions of dollars.  (Full disclosure: I tried the case and among other things was responsible for the damages...

Non-Lawyer Investment Will Happen: Follow-up

August 18, 2010 22:19

  Some recent posts highlight why it is inevitable that the ethical rule barring non-lawyers from investing in and managing US law firms will be lifted. See our 6/11 post. Bruce MacEwen, in Adam Smith, Esq., characterizes as “managerial malpractice” the failure by lawyers to...