Recent Articles in Law Firm Management & Legal Marketing from LexMonitor

The (South) Butt of the Joke?

Tue, 09 Feb 2010 10:00:50 GMT

We've had a little rash of graphic design comedic parody lately.

The first example is the notoriously funny The South Butt and its tagline "Never Stop Relaxing". Of course, this is an obvious knockoff of leading outdoor clothier The North Face and its "Never Stop Exploring" call to action. From a legal perspective, of course, this is a bit problematic - especially when The South Butt began selling apparel. (Until then, a fun mockery might have earned them a nasty letter, but not a full-on lawsuit).

However, whether The North Face likes it or not, it is a victim of its own popularity. While the company was still a niche brand, focusing on only seasoned outdoorspeople, no one cared. But once it crossed over into high fashion (and became the must-have in every 13-year-old girl's wardrobe), a backlash was inevitable. The same thing happened to Abercrombie and Fitch (remember the raucously funny MadTV sketches)?

From a marketing perspective, The North Face should be content to let this go. Yes, it's irritating, and yes, legally it's an affront. But making too big of a deal of the situation likely will backfire.

Here's another example that should not be taken lying down.

If I were the Humane Society of the United States, I would be preparing my lawsuit at this moment. Say what you will about the politics of the HSUS (suffice to say, it is not just about finding homes for adorable puppies), HumaneWatch is making a visual affront to the organization and its ability to distinguish itself in the market. In short, the competing organization is using HSUS intellectual property (the logo) to bolster its own low standing, confusing people into paying attention.

Whatever side of the political/moral/business issue you might be on, this has to be stopped.

What is a Leader Before They are Followed? An Agent of Futures Only Imagined

Tue, 09 Feb 2010 06:00:00 GMT

Last Friday night my wife and I had occasion to meet and have dinner with four people I may never see again, yet my life would be poorer had the experience not taken place. Each of the four, is a good deal younger than I am, a fact which itself was a source of inspiration since they have more years in front of them to make their contribution than I likely do. They were as a group and individually quite remarkable and what I’d call “leaders in the process of becoming.” Each, already accomplished in their own right, will likely be recognized as a leader on a broader stage sometime in the future.

I expect as I mention these folks by name they are recognizable among their existing audiences as “already leaders”, an assertion I will not dispute because each one has achieved in their chosen field and is undoubtedly well known. My thesis as regards each is that they will eventually be well recognized outside their immediate field as social as well as business leaders and it is purely a function of their engagement with their own vision that this possibility exists. They are agents for their vision.

Our hostess for the evening and the ringleader of this group was Christen Lien. An independent musician, viola is her primary instrument though she is rapidly mastering the harmonica as well. As her website offers, “Christen Lien’s unique fusion of East and West, classical and postmodern, acoustic and electronic, has created an entirely new sound that is both uncannily ancient and reassuringly contemporary.” She has also recently discovered her inner eco-activist and is preparing herself for a full frontal assault in support of the needs of the Amazon’s indigenous peoples.

Danielle Barnett, a photographer who lives in San Francisco’s Mission District, has combined her passion for photography, love of city life and the counter culture to take her into the heart of the hip hop world. Her natural passion now supports her as she serves as advocate for young aspiring hip-hop artists as they tumble their way through a business structure that would have them sign away their artistic rights without batting an eye.

When David McConville introduced himself Friday evening he said his firm specialized in Immersive Projection Design. Hello! For those of us from the “nuts and bolts” business world this expression did not register cognitively so I went with the intuitive and that turned out to be on the money. Short version, he does projector shows in domed environments. Longer and more accurate version, better a question than an explanation; how would you like to take a ride to the edge of the universe and back without leaving the room? David also sits as a member of the Board of Directors of the Buckminster Fuller Institute and through BFI he collaborates with numerous community initiatives to develop systems-oriented solutions to energy, environmental, and educational challenges.

Monica Niess is President of The Write Choice Network, a full-service social change organization that brings to bear broad expertise in resource development, strategic communication, organizational development, and social enterprise. Shorthand; if you are a not-for-profit and in need of funding these guys will find it or raise it for you. In November 2009 Monica had the great good fortune to meet up with Christen Lien in the Ecuadorian rain forest on a trip sponsored by the Pachamama Alliance. Not that Monica needed any inspiration, now she has new partners and the fun can really begin.

There can of course be events that intervene and you’ll never hear of any of these people again after this post but that is always true in this life, nothing and no one is guaranteed an outcome. However, it was a privilege to meet each of them even if briefly as they paused along their journeys to share an evening with my wife and me. By the way, none of these people needs a leader; they have their vision to guide them.

When I meet people like these four, I am certain that we know very little in the business world about how to cause leaders. How could we when we are so focused on what we want done rather than on what might be possible?

Based on everything I have read, heard or experienced over the past twenty years I think it fair to say that what we know about leaders in the business environment starts after they either have success or have followers. This may seem obvious and like a lot of topics I bring up it raises the question, "Why are you talking about this?" Honestly, I find the field of leadership studies to be limited by its focus on success, numbers and prescription and I think it is time to expose the shortcomings we all recognize are there in current modeling practices. How about we barbecue a few sacred cows forthwith? Let’s start with the following and you are welcome to add your own favorites:

Addressing managers as though they are de facto leaders is irresponsible organizational behavior.
Putting anyone through a one week "leadership intensive" and expecting "leaders" to emerge mirrors the wisdom of "spitting into the wind" and is tantamount to saying that when it comes to causing leaders for our organization doing something is better than doing nothing, and hey, who knows we might get lucky!
Some of any organizations best leadership takes place in middle management and the people involved should not be promoted just because they are solid in the middle.

I can of course go on and so can you. The point I am pursuing here is that leadership is likely studied more effectively before the fact as an emergent phenomenon spawned by vision rather than afterwards as a behavioral pattern.

What is it like in your organization; are you searching for people with passion and imagination or just for those who produce results?

Middleton v Vosper Thornecroft (UK) Ltd

simon.gibbs@gwslaw.co.uk (Simon Gibbs) — Tue, 09 Feb 2010 05:27:00 GMT

I acted in a detailed assessment recently where the Claimant had failed to serve a statement of reasons in respect of the success fee in accordance with CPD 32.5(3) when serving the bill of costs and notice of commencement. The appropriate statement was subsequently served. It was argued for the Defendant that the failure to serve with the bill amounted to a breach of the rules which was not rectified simply by serving the document late and the consequence was that the success fee was not recoverable. The judge questioned where in the rules it stated that the document needed to be served with the actual bill. Despite my best efforts, I was unable to point to a specific provision that dealt with the time for service. The judge concluded that it would be sufficient to serve the document in advance of the hearing and therefore allowed the success fee.

In the event, this decision was not decisive to the outcome of the detailed assessment and I still managed to comfortably win on the Defendant’s offer. However, I was left with the strong feeling that the judge was wrong but unable to identify quite where he had gone wrong. The best I was able to do was note that the heading to the section listing the documents to be served is worded: “Commencement of detailed assessment proceedings”. Common sense therefore suggests that the timing for service of the documents is at the same time as commencement of the detailed assessment proceedings (ie when the bill and notice of commencement is served, as per CPR 47.6).

Before travelling to the hearing I had put in my briefcase a copy of a judgment I had come across on Lawtel that looked interesting. I didn’t have a chance to read this on the day of the hearing. You can imagine how annoyed I was when, a few days later, I got around to reading the judgment only to discover it was exactly the case I needed.

In Middleton v Vosper Thornecroft (UK) Ltd & Others, CC (Winchester) 2/6/09, the claim was funded under a CFA that pre-dated the revocation of CFA Regulations 2000. No statement of reasons was served with the Bill but some reasons were subsequently provided in the Claimant's replies. His Honour Judge Iain Huges QC, sitting with Regional Costs Judge James, made a number of findings:

1. The “statement of reasons” to be served must be “the statement of reasons as included in the CFA. The paying party is entitled to the whole of that statement and not an abbreviated version. Further, he is entitled to know that that is what he is being given”. He concluded: “the statement of reasons set out in the reply did not amount to a compliant statement. First, because it was neither provided nor identified as being the statement of reasons given in the CFA. Secondly, it did not have the appearance of being such a statement. Thirdly, even if it had been identified as the statement of reasons in accordance with the rules, in fact it was not”.

2. The “CPR require the receiving party to serve the statement of reasons and the other documents specified in section 32 at the same time of serving the notice of commencement and that the Claimant in this case failed to do that. That triggers the sanction imposed by CPR 44.3B(1)(d) which denies recovery of his success fee”.

Another useful case in defendants' armoury.

THE GREAT GENERITIVITY DEBATE

Tue, 09 Feb 2010 04:27:14 GMT

I want to call your attention to an interesting debate on the between Marc Freedman, founder of Civic Ventures, and David Brooks of The New York Times.

In a column published February 1, Brooks proposes reversing public policies that he says rob the young to serve the old and take from them funding, freedom and opportunity, saying, "It now seems clear that the only way the U.S. is going to avoid an economic crisis is if the oldsters take it upon themselves to arise and force change." He calls for a "generativity revolution" of millions of people demanding changes in health care spending and the retirement age to make life better for their grandchildren.

In a piece published today on The Huffington Post, Freedman says "the real generativity revolution is well under way. And with the help of smart new policies, this movement of forward-looking baby boomers might actually succeed." He writes, "It's increasingly clear that these older workers aren't competing with younger people; they are meeting demands for talent that will only grow as the economy recovers."

Freedman argues, "With 10,000 baby boomers turning 60 every day, it's time for public policies that honor their aspiration to leave the world a better place and harness their talent and energy for the long haul."

You can read David Brooks' column here:
http://www.nytimes.com/2010/02/02/opinion/02brooks.html
Marc Freedman's piece is here:
http://www.huffingtonpost.com/marc-freedman/generativity-revolution_b_447774.html

Comments from both points of view are welcome on Encore.org, as well as right here. Join the discussion at http://www.encore.org/news/marc-freedman

What are your thoughts? How do we prevent generational resentments and warfare?

Are lawyers of a Certain (or any) Age using social networking yet?

faithpincus@pincuscommunications.com (Faith Pincus) — Tue, 09 Feb 2010 02:13:04 GMT

Just last week a speaker at the American Continuing Legal Education Association's mid-year conference in Orlando stated that he thought attorneys over a "Certain Age" (capitals intended!) were not using social networking as a means of communication, networking or finding out about legal community events, such as continuing legal education programs.

What? Are you kidding me?

OK, I'm thinking to myself, I'm probably on the (much) lower end of his Certain Age scale (if I'm on it at all) so I probably don't count. So, just for fun, I took a casual poll (a very scientific casual poll, I promise) of my attorney friends via Twitter and Facebook and, go figure, they disagreed.

I know, skewed poll, they're using social networking.

Need to poll folks the old fashioned way, by email. But still, many of my friends who pipped up said they were of a Certain Age and they couldn't imagine business or personal life without social networking.

Where am I going with this?

On Friday Larry Bodine, of Law Marketing Blog, wrote in his blog about a Hubbard One survey of Managing Partners and General Counsel, announced at a Managing Partner Forum in Florida, and guess what they found? Yep, law firms, and attorneys, are not strangers to social networking:

Facebook Today

•          Firm Page

–      35% of top 20 American law firms have FB page

•          Firm Employee Groups

–      40% of top 20 American law firms have FB groups

–      60% of top 20 Fortune 500 firms have FB groups

•          Individual Profiles/Pages

–      0% of top 10 GC’s, 10 Managing Partners have public FB profiles

Unfortunately, no demographics are discussed, so it doesn't really prove or disprove the Certain Age theory. But it's an interesting enough survey to bear repeating.

What was most interesting was that Attorneys in law firms use LinkedIn far far more than General Counsel at corporations. I suppose the logical answer is that firm attorneys are more into networking, the means of getting new business. But still... is that all?

Based on the results, I'd say Facebook may rock the legal world, but Twitter has not yet made much of an impression, at least on General Counsel. Well, no kidding. If they're not checking linkedIn - an easy platform to figure out - they're certainly not going to tweet. Heck, I can barely keep up with Twitter!

Twitter Today

·         Clients tweeting? 0 of top 20 Fortune 500 General Counsels are tweeting

·         Law firm leaders tweeting? 0 of top 20 AmLaw Managing Partners are tweeting

·         Law firms tweeting? 5 of top 20 AmLaw firms are tweeting

Not surprisingly, blogs, have made significant inroads into the legal community:

Blogs Today

• ~45% of AmLaw 200 Blogging

And if you think of blogging as having extended conversations on the net, as Kevin O'Keefe describes, then attorneys of a Certain Age probably really are using social networking to connect with others. (unless they're all in the other 55%)

Enough social networking for the evening, if I don't leave soon I will be of a Certain Age before I stop! I'm off to feed the dogs.

Best in Law Blogs : LexBlog Network : February 8, 2010

Tue, 09 Feb 2010 00:34:56 GMT

Well, I hope everyone enjoyed the Super Bowl; watching Peyton Manning channel his inner Favre was a bit surreal. Anyway, we had 129 posts on the LexBlog Network today with Jamie Spencer providing one of the more interesting posts, offering insight on cops, lawyers and judges using iPhone apps.

Keeping Stuff out of Trials: Dirty Tricks - Palm Coast lawyer Philip Chanfrau on his Palm Coast Injury Law Blog
Proving fault in a slip and fall case - Dallas attorney Bryan Fears of Fears Nachawati on the firm's Texas Injury Law Blog
The High Road to Labor Law Reform... - White Plains lawyer Tom Walsh of Jackson Lewis on the firm's EFCA & Labor Reform Blog
Sign Of The Times: iCop, iLawyer, iJudge - Texas attorney Jamie Spencer in his Austin Criminal Defense Lawyer Blog
Going "Undercover" to Determine How Corporate Policies Play Out in the Workplace - Fort Worth lawyer Russell Cawyer of Kelly Hart & Hallman on the firm's Texas Employment Law Update
Huge Snowfall Leads to Wave of Roof Collapses - Arlington attorney Timothy Hughes of Bean, Kinney & Korman on the firm's blog, Virginia Real Estate, Land Use & Construction Law
Attorney General Jim Hood Recovers $18.5 Million for Mississippi Following "Loss" in Zyprexa Litigation - Mississippi personal injury lawyer Philip Thomas on his MS Litigation Review & Commentary
Measuring the effect of social media - Boston attorney Dave Broadwin of Foley Hoag on the firm's Emerging Enterprise Center Blog
Problems At Trial: The Suddenly Unavailable Key Witness - Greensboro lawyer Mack Sperling of Brooks Pierce in his blog, the North Carolina Business Litigation Report
It Only Took 16 Years: New York Appellate Court Defines Standard for Judicial Dissolution of Limited Liability Companies - New York attorney Peter A. Mahler of Farrell Fritz in his New York Business Divorce Blog

What Can Content Do For You?

info@attorneysync.com (AttorneySync) — Mon, 08 Feb 2010 23:22:45 GMT

I wrote a post recently highlighting the benefits of blogging for your firm. We hear “the experts” tell us all the time that we need a blog. I know plenty of lawyers that have set one up. They blog for awhile, get too busy, and before they know it, the blog hasn’t [...]

Frequently Adding Content Is Crucial

Actively Blogging Is The Key

So what can creating new content, ie: active blogging, do for you? Here is a convincing study from HubSpot:

A study of 2,168 HubSpot customers shows that businesses that published at least 5 blog articles in the last 7 days draw 6.9 times more organic search traffic and 1.12 times more referral traffic than those who don’t blog at all.

Active blogs are associated with and likely have an impact on site traffic. This finding coincides with common sense: out of large chunks of business-relevant content (1 post per weekday), blog readers will likely find something engaging and proceed to learn more about a company.

How do companies that already blog compare to each other? Does the frequency of blogging affect the number of site visitors?

The answer is yes. Among companies that blog, organic search and referrals traffic are high for those who published more blog articles up to date.

If content is king, consistency is queen. It isn’t enough just to “start a blog” and then add nothing to it. The key to having your law firm blog work for you is to make sure there is consistent and continuous content being written. The more worthwhile content you can add to your blog, the more outlets you are creating for potential clients to interact.

Photo by Seth1492

Free Guide: Writing Content For Your Law Firm’s Website

Want to learn how writing content for your firm’s site can help bring in business?

Download AttorneySync’s Free Guide On Writing Web Content For Lawyers.

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Illinois Privilege Law: A Trap For The Unwary

patrick.lamb@valoremlaw.com (Patrick J. Lamb) — Mon, 08 Feb 2010 22:43:17 GMT

The Chicago Daily Law Bulletin just published a short article by my colleague, Reeghan Raffals, on Illinois courts' narrow definition of the "control group" entitled to privilege and Illinois' rather restrictive choice of law rules used to analyze privilege issues. Those considering litigating in Illinois are well-advised to understand the significance of the rule before pulling the trigger.

Take the Grizzlies Plus the Points and, um, Vote for Me!

Mon, 08 Feb 2010 21:38:07 GMT

Every year, in the days leading up to the Super Bowl (that's right, I called it the Super Bowl, what are you gonna do, NFL?), mainstream media outlets run stories on the various and sundry prop (that's gambler lingo for "proposition") bets available to the public. See, for example, this slideshow from Forbes and the accompanying story. As that story notes, only a fraction of the wagers that are placed each year -- from the ho-hum "Which team is going to win the game?" to the marginally relevant but nevertheless popular "What color Gatorade will be dumped on the winning coach?" -- are placed in a sports book in Nevada, the only state in which this particular kind of fun is, strictly speaking, legal. The rest of the money at risk, totaling in the billions of dollars, is handled by "online and other forms of underground wagering" operations. The specifics are oft-debated, but it remains the case that online gambling is illegal in the U.S. Or, at least, the acceptance by an online gambling site of any feasible alternative for funding the account of a U.S.-based customer is illegal. Like I said, oft-debated. But, at least one real-life Brandon Lang...

The 'Virtual Law Firm' That Can Rid You of Your Pesky Spouse in 20 Minutes

Mon, 08 Feb 2010 21:26:28 GMT

The confluence of law and technology is a topic of constant interest among attorneys, discussed in one form or another at almost every large professional gathering. At the ABA's 2010 Midyear Meeting, held Friday in Orlando -- because what could be more fun than a bunch of lawyers running around the Magic Kingdom? -- the Commission on Ethics 20/20 held a roundtable discussion at which Richard Granat, founder and CEO of DirectLaw, delivered a presentation (PDF) focusing on how professional responsibility rules can deter technological innovation in the delivery of legal services. DirectLaw, from what I gather based on its Web site, is in the business of turning lawyers into "virtual law firms," whose clients, presumably after finding such a virtual firm through a search engine, can have their legal needs met without the unbearable pain of having to actually speak to an attorney. A win-win situation considering the mutual contempt that, along with privilege, is often the hallmark of lawyer-client relationships. Granat runs such a virtual firm of his own, here. Of course, where "here" is might be up for debate, since "Maryland's first virtual law firm" is actually based in Palm Beach Gardens, Fla. Though Granat's firm insists...

Want to Exercise Your 'Air Rights?' What's the Safe Word?

Mon, 08 Feb 2010 21:16:23 GMT

Who knew that, on my first day, I would be presented with the opportunity to, once and for all, dispel the myth that property and land use law is, by definition, imbued with Ambien-like, slumber-inducing characteristics? Professor Ngai Pindell, of the UNLV School of Law (apparently thriving in its 11th year of operation; what were the odds?), ran a brief post on the Land Use Prof Blog about a gentleman by the name of British "Lucky" Paul who so incensed his suburban Maryland neighbors that they felt they had no choice but to call in the big guns. Specifically, the Montgomery County Department of Permitting Services. What, you might ask, could "Lucky," né Paul Pickthorne, have possibly done to warrant such treatment at the hands of the residents of the bucolic-sounding Merrimack Park subdivision? He apparently violated a local zoning ordinance by turning the “castle” that he is renting into a BDSM theme park, charging up to $50 admission for an evening spent on the business end of a cat o' nine tails wielded by a “sexy girl in latex and high heels” (Paul's personal preference). Yes, when the gregarious bachelor around the block turns out to be a self-proclaimed...

The Power of a Paralegal Education

Mon, 08 Feb 2010 20:48:32 GMT

Education is vital to a successful paralegal career. On this edition of The Paralegal Voice, co-host Vicki Voisin welcomes Linda J. Wolf, ACP, the current President of the National Association of Legal Assistants (NALA) and Attorney Elizabeth Mann, Department Head of the Paralegal Program at Greenville Technical College, to focus on the importance of paralegal education. They will also discuss entering and growing in the career field and what employers look for when hiring paralegals.http://websrvr82il.audiovideoweb.com/ny60web16519/LTN/PLV/PLV_020410_Education.mp3

AttorneySync’s Most Read (2-1-10 to 2-7-10)

info@attorneysync.com (AttorneySync) — Mon, 08 Feb 2010 18:15:47 GMT

In case you missed them, here are some of our most viewed posts from last week: New From LinkedIn Craigslist For Your Law Firm Your Law Firm Should Be Like McDonalds Top 10 Business Books Lawyers Should Read A Good Looking Law Firm Website Visitors who read this post also read:Most Read At [...]

In case you missed them, here are some of our most viewed posts from last week:

Visitors who read this post also read:

Random Profile - Patricia B. Cole, Ft. Worth

Mon, 08 Feb 2010 16:44:23 GMT

For Random Profiles, we randomly pick one of our 80,000-plus attorneys, call them, and do a Q&A. We've found that every Texas lawyer has an interesting story. Will yours be next?

Practice areas: Probate & Business Litigation, Esate Planning.

Education: Louisiana State University, (B.A., 1996);
Texas Wesleyan Univ. School of Law, (J.D., 2000).

Best thing about being a lawyer: Being able to help people.

Most important career lesson: Attorneys are in customer service business.

Favorite retreats: Kemah, Texas.

The last movie I saw: Avatar.

If I had more time I would: Travel more.

Favorite food: Sushi.

Favorite tv show: The Good Wife.

What most people don't know about me: I have a 25 year-old son.

The part of my job that I do best: Argue cases.

Community Involvement: Big Brothers, Big Sisters. Habitat for Humanity. Texas Humane Society.

Favorite saying/quote: "I will trust God to provide what I need."

What do you think is the biggest challenge facing attorneys today? I would say that ethics-wise, remembering not to cut corners.

How do you think the practice will change in the next 15 years? There will be more focus on guardianship and elder law as baby boomers retire and pass away.

If you weren't an attorney, what profession do you think you would want to be in? I can't imagine being anything else but an attorney.

Patricia is a shareholder in Decker Jones

You can also view Patricia's Texasbar.com profile

Prizes

It's not every day that you're randomly picked from among 80,000 peers. To commemorate, randomly-profiled attorneys receive a TexasBar.com t-shirt and a law firm link (a $50 value).

Update Your Online Profile

Have you updated your attorney profile lately? Go to MyBarPage on TexasBar.com, log in, and click "Update My Profile."

Once on your MyBarPage on TexasBar.com under the "Update My Profile" section, click "Edit" under "My Directory Options" to add your photo for free. While you're there, consider adding a law firm link too. This is a hyperlink from your profile in our Find-a-Lawyer directory to your own law firm website. At only $50/yr, law firm links are a great way to drive traffic to your site.

Opinions and statements expressed in these profiles are those of their subjects - not the State Bar of Texas.

Who Dat Writin' on Legal Blog Watch?

Mon, 08 Feb 2010 16:15:17 GMT

Good morning and Happy Monday, Saints fans. As our more astute readers will have noticed, the “Posted by” name at the bottom of this post is neither Bruce Carton nor Robert J. Ambrogi. I wouldn't even dream of referring to myself as Bob's “replacement” -- it's not hard to see the impact he's had in his years at Legal Blog Watch -- and Bruce's work here has been similarly stellar. So, while I make no representations or warranties as to my parity with either of these gentlemen, I am the guy who's going to be working this gig every other day going forward, hopefully for quite some time. Thus, I believe a brief introduction is in order. To avoid any confusion for those of you who might be inclined to Google me immediately, let's start off by establishing who I'm not. Namely, former Minnesota State Representative and Deputy Secretary of State, Judge Eric Lipman, now of the Minnesota Office of Administrative Hearings (and a fellow law blogger). Though, because the judge and I share the bond that exists among all attorneys (and despite his being responsible for my inability to claim a decent Gmail address), I'd be happy to go...

Snickers Scores With Super Bowl Spot

Mon, 08 Feb 2010 16:08:12 GMT

With more than a little help from Betty White and Abe Vigoda, Mars topped USA Today's AdMeter for 2010 Super Bowl television advertisements.

For anyone out there who thought Abe Vigoda had passed on, and Mars' ad was just another technological resurrection of a dead actor to sell products, like me, you're operating on old and incorrect information, really old and incorrect information.

People magazine apparently jumped the gun back in 1982, and I never caught the correction or the many running jokes that followed his premature obituary. OK, so I apparently missed every one of his film and television appearances since then too.

While we're on the subject of missing information, for those of you who never caught my previous post about whether Mars could pursue the cross-section of a Snickers candy bar -- as a trademark -- here you go. For those of you who never caught Dan's post about Snickers apparent efforts to establish non-traditional trademark rights, here you go.

Note the prominent candy bar cross-section in the final scene of the Snickers commercial?

Mars, us hungry trademark types are waiting. . . .

How to Network Like a Pro at Your Next Event

Mon, 08 Feb 2010 14:53:01 GMT

In 2010, you will likely attend one or more conferences. You may not know anyone at the conference. Sounds daunting doesn’t it?

Eric Pruitt is a lawyer I coached from Birmingham. When I first met Eric he told me he would be attending an industry conference and asked if I had any ideas for him. I gave him some and told him to read chapters from Keith Ferrazzi’s book: Never Eat Alone. Eric did and it changed how he approached industry conferences. Here are some of Eric’s thoughts that he recently shared with me.

Keith Farrazzi has 15 Tip for Being a Conference Commando. Some of it sounds over the top, or "dorky", however, I decided to look at his tips with an open mind and see how I could apply his concepts as a lawyer. I found some great ideas. Here are a few of the things I've started doing:

Develop a plan. Work to identify people you want to meet, schedule lunches/dinners/drinks/ etc. . . before the meeting. I'm attending the CMSA Annual Meeting in NY next month and have worked to schedule these events in advance and am working on identifying the "celebrity status" (people of importance in the organization - not real celebs) that I want to meet while I'm there.

Work on building relationships with people, not seeing how many people I can meet and give a business card to. Focus on the person I'm talking to, don't let my eyes wander and attempt to find the next target.

Take notes on the people I meet and follow up quickly with a hand written note. Use the notes so I can make a personal connection in my follow up correspondence.

Have a "what can I do for this person" attitude instead of "how can I do legal work for this person". Helping others is a great way to build a network.

If it is an industry organization that you want to become more involved in, find a non-threatening way to volunteer for tasks at the meeting. This can provide opportunities to find out about special invitation events, get to know leaders, etc. . .

These are just some quick comments. The book is packed with great insight.

What can you learn from Eric's ideas and actually use at the next event you attend?

Stupid rules of evidence. Also stupid: witnesses.

nblack@nicoleblackesq.com (Nicole Black) — Mon, 08 Feb 2010 14:37:20 GMT

Just say calibrate! State - Then what do you do? Expert - We check the machines to make sure they are measuring correctly. State - Do you have a word for that? Expert - No. State - Are you sure?!...

Just say calibrate!

State - Then what do you do?

Expert - We check the machines to make sure they are measuring correctly.

State - Do you have a word for that?

Expert - No.

State - Are you sure?!

Via On the Record in Cook County

Social Media or the Internet Alone Won't Help You Find A Job

Mon, 08 Feb 2010 13:28:15 GMT

Don't get me wrong - I'm a fan of social media, used ethically and responsibly. Heck, I've got a book on social media for lawyers with Niki Black that's coming out at the end of next month.

As a shy person myself, I understand the appeal of social media: it's easy. You don't risk huge rejection or embarrassment when you follow someone on Twitter or ask to friend or link with them. It's much harder to call someone on the phone to ask for advice or set up a meeting or coffee date.

And yet, if you don't come offline, you miss opportunities. This past weekend, I spoke on a CLE panel on solo and small firm practice at Case Western Law School. Four of the six solos or "start up" lawyers who participated in the event had either minimal, or no Internet presence in the form of a website, let alone social media. At least one guy boasted that he doesn't even use email.

And yet, these four lawyers could have helped graduating students or new lawyers -- either looking for a job or hoping to start a practice -- if only they'd shown up (despite widespread advertising, the event attracted only around 15-20 people). Here's how. These four lawyers had thriving practices. They'd been in business for twenty or thirty years, and cultivated connections within their respective communities and a deep referral pool from former clients. Three of the four emphasized how much they disliked matrimonial work and referred all family law cases to other lawyers. Likewise, two of the more advanced lawyers, who were modernizing their law firms with technology admitted that they were still learning, and could benefit from lawyers who could help keep them abreast on new technology products or e-discovery developments. At least one lawyer admitted that she planned to pass her law firm on to the next generation in the next few years, and was looking to cut back.

Maybe the four lawyers on the panel didn't have job openings at their firm. But they cared enough about helping new lawyers to show up at a CLE event, and I suspect that they would have appreciated the opportunity to build a relationship with a go-getting young lawyer who could accept family law cases or maybe offer some advice on technology. Maybe the relationship wouldn't have gone anywhere, but maybe it would have lead to a connection with another lawyer who might have work, or even an opportunity down the line to buy into an existing law practice.

Based on ABA statistics on Web 2.0 use (still, less than half of solo and small firm lawyers have blogs or engage social media), my guess is that there are hundreds of lawyers in communities across the country, similarly situated, with contacts, a need for help in moving into the 21st century technology wise, and potentially a desire for an apprentice who could eventually take over a practice. But you won't find those lawyers on Craigs List or bantering on Twitter. To track 'em down, requires legwork: attending bar meetings, panel talks or hanging around in the hallway at the courthouse. Likewise, to reel 'em in may require get together for coffee or an offer to do a little bit of work on spec, which sadly, many lawyers are already doing - but at least, with a solo or small firm, you'd have less competition and more hope for a permanent position or opportunities for referrals. In fact, even many lawyers who use social media extensively won't even consider colleagues as a referral until they've had a chance to meet face to face.

Yes, I know that responding to dozens of inquiries on Craigs' List and searching Linked In for job openings and chatting on Facebook makes you feel busy and productive. Me too. But is your online activity getting you the job or referrals or skills that you need? If not, maybe it's time to supplement online connecting with face to face contacting.

Last chance to register: Developing Your Personal Marketing Plan - for Associates

Mon, 08 Feb 2010 11:00:00 GMT

Developing Your Personal Marketing Plan - for Associates

Last chance to register for the Webinar on this Wednesay - don't miss out!

Click here to learn more about this Webinar.

How does an associate build the business development skills needed to succeed? Independent experts Michael G. Cummings and I will teach you the key elements of business development and show you how to create your own personal marketing plan to ensure long term success.

You will learn the essential components of effective business development. The program provides real life case studies of how younger attorneys have successfully executed each step.

Participants will apply these best practices and start to develop their own personal plan, adapting these proven methods to their own personal style, culture and areas of practice.

The seminar covers the steps that an associate should take, steps that lead to success, together with illustrative case studies:

Step 1: Find Your Niche
- Marketing Case Study 1: Targeting Human Resource Directors at Mid-Sized Firms
Step 2: Recruit Allies and Co-Market
- Marketing Case Study 2: Building a Practice Focused on Women Entrepreneurs
Step 3: Team with Partners and Sell Work
- Marketing Case Study 3: Landing a Large New Client as a Team
Step 4: Build Your Personal Reputation
- Marketing Case Study 4: Becoming a Local Celebrity
Step 5: Be a Marketing Innovator
- Marketing Case Study 5: Using Technology to Grow a Nationwide Reputation
Step 6: Putting Your Own Plan in Place
- Exercise: Develop Your Personal Marketing Plan

Developing Your Personal Marketing Plan - for Associates

Presented by:	Apollo Business Development
Speakers:	Michael G. Cummings and Larry Bodine, Esq.
Date:	Wednesday, February 10, 2010; 1 PM - 2:30 PM Eastern
Location:	Over the Web, on your computer
Contact:	Michael Cummings, (Tel) (630) 572-4798 or mcummings@sageprofessional.com

Building your practice will be your responsibility...not the firm's or its partners. Put your success under your own control by building the right skills now — so that you start bringing in business while an associate and position yourself to be a rainmaker for long term success.

Click here to learn more about this Webinar.

Don't delay. The Webinar takes place this Wednesday, February 10, so register now.

Cost: $300. Any number can attend in the room where you connect to the site and the call. One connection per registration.