How NOT To Conduct A Deposition

I can't teach you how to conduct a deposition on this blog (we'll save that for the experts at Solo Practice University.) But this video can show you how NOT to conduct one.

Buy Domain Names For the Long Haul

(Connectict Law Tribune - May 5, 2008)

Domain names, if you haven't heard, are the next "real estate" boom. While law firms have made up a small sector of the Internet up until now, domain name ownership is very big business. And like condos in the early 2000s, there are many speculators looking to buy up domain names and flip them for a profit when someone wants their little piece of real estate.

This speculation game is very relevant to the new lawyer (and seasoned lawyer) because now, more than ever, domain name selection has got to be part of your short- and long-term marketing plan, as well as a slice of your operating expenses.

And this real estate is no longer limited to domain names. Now you must protect your real estate in social media such as LinkedIn, Facebook, Twitter, etc. Failure to secure your name on these social media sites can be costly as you may find others impersonating you or pirating your following.

You might be thinking: "I don't know what kind of law I want to practice or what the future holds."

From a dollar and cents perspective this doesn't matter. If you even think you want to practice personal injury law in Connecticut, spend the $8.99 or $9.99 for one year and secure domain(s) which reflect the practice area and the state or county. (It has been proven wise to enter a geographical designation in your domain name.) Consider the language of your clients when describing why they need legal services and be creative with domain names, too. For example: (I don't know if they exist, just blue-skying) IneedawillinWaterbury.com; cantpaymybillsinBristol.com. Clever URLs also act as advertising on business cards, sponsorship banners and more.

If you ultimately want to let the domain lapse in a year because your location or practice area has changed, don't renew. But plan for realistic eventualities in your future and be creative.

And certainly protect your personal name because nothing is worse than building up your credibility and people are now searching for you by name and someone else owns the domain name and it is redirected to a gambling or a porn site. (Are there issues of cybersquatting when someone buys your name and can you sue? Sure. But the point is, avoid the issue today for a few dollars rather than buying your name back for thousands of dollars or initiating a lawsuit that will cost even more to pursue.)

Tip No. l: When you start searching for URLs, don't do it on a site like GoDaddy. Do it in Google. Why? When you decide on names you want to purchase and are available, then go to a purchasing site and be prepared to purchase right then and there. I have heard too many stories where the person goes back to the purchasing site, even 10 minutes later, and the domain has been purchased. I'm not sure how the mechanism is triggered, but why risk it when there is ample opportunity to do your homework on Google?

Tip No. 2: If you buy several domain names, spend the extra money and have them all redirected to your main URL. Why? When you buy a domain you are not using, the host will park it for free but set it up as an advertising page. This stinks. Pay the money for the redirect until such time as you use or release the URL. If in the future you want to redirect a specific domain to another site or a different landing page on your main website or blog, you can do so.

Buy your domain real estate now. You'll be happy you invested.•

(For Solo Practice University E-zine subscribers, this post is an excerpted version of Lesson #12.  Lesson #12 includes numerous links and additional information which was not included in the Connecticut Law Tribune article.)

Are You Part of a Blogger Pack?

What is a blogger pack?  As defined by blog consultant Michael Martine in this very insightful post called, "Create a Blog Pack to Get Blog Traffic and Increase Subscriptions," it is a loosely formed group of similarly placed bloggers providing support, links, comments, and publicity for each other.  But the key to the connection is genuine respect, liking and belief in the quality of the content or product of each of the blog participants.  In other words, one becomes part of a pack where each member is a devoted evangelist for the other because they are true believers.

How to Create a Blogger Pack

1. Find other bloggers to be in your pack. Look for bloggers who seem to be at the same level you are. Bloggers who have far more traffic and subscribers than you may not be interested in joining your pack.
2. Find other bloggers that you genuinely like (more on this in a minute).
3. Contact the other bloggers privately and ask them if they would like to enter a mutually beneficial exchange of attention, where you link to each other’s posts, and bookmark and submit each other’s posts to social media sites, and comment on each other’s posts. Inform the blogger that you want to bring in more bloggers into the pack, so that you can all help each other.
4. Each blogger in the pack subscribes to the feeds of the other bloggers in the pack. When bloggers in the pack post, other bloggers in the pack comment, stumble, bookmark, and tweet the posts.

The purpose behind it is recognizing that building recognition (and your business) through use of the internet isn't a solo journey.  You can only get so far by yourself.  But with the help of likeminded individuals and friendships you can travel as a pack and go much further elevating your status and achieving your individual goals.

What isn't proposed here is mindless or mandatory links, attempts at gaming any system or forced social media. These efforts are transparent to the reader, false and ultimately not sustainable.

While Michael's post is not necessarily tailored for the solo practitioner, the relevance of this concept is clear for all blogging solo practitioners.  You are blogging for visibility, looking to convert readers to paying clients, into referrers of potential clients, journalists into friends and more.  Visibility and publicity are cornerstones of your marketing success and as such you should have real friends promoting you as you promote them.

I do question the same traffic level suggestion, however.  I promote quality content and service providers regardless their traffic.  That quality may come from a blogging newbie who hasn't built traffic yet on the internet but is heavily networked and admired in the profession before ever creating their blog. Or someone who has been blogging a long time but hasn't quite figured out how to really get traffic and needs to learn. 

Work with whomever you know and like and where there is a  genuine desire to create mutual association. And do not be intimidated to ask high traffic friends to join your blog pack, either.  The worst they can say is 'no.'

If you already have a blogger pack, please share your experiences.

How To Earn Undying Loyalty From Business Clients (Part II) - Guest Blogger - Anita Campbell

(You can read Part I here.)

I have had the amazing good fortune of becoming 'friends' with Anita Campbell of SmallbizTrends and she graciously agreed to guest post here on a topic which is dear to her heart (as a former GC), writing contracts for real people, not court. She now runs a small business at Small Business Trends (www.smallbiztrends.com).

How to Earn Undying Loyalty from Business Clients by Standardizing Contracts and Writing in Plain English (Part II)

So, What is a Better Contract?

Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective? 

First of all, I take it as a given that a contract should protect the client’s legal interests – first and foremost. 

Beyond that, what makes a great experience for the client has more to do with how easy, fast and understandable the transaction “feels.”

Here are some guidelines for business-friendly contracts, documents and interactions: 

1. Write in plain English.  You’re probably aware there’s a movement for writing plainly, e.g., using I, we and you in contracts.  Some lawyers speak disparagingly of plain English contacts –– one lawyer I know calls them “kiddie” contracts.  But small business owners don’t think that way.  We are too busy running our businesses to be impressed with high-falutin’ legalese.

2. Write contracts for a 12 th grade education or lower.  This helps keep the frustration levels down.  At the end of this article is a citation to a tool that will help you check your contract language for reading comprehension scores.

3. Empower your clients through standardization.  By empower I mean, give clients form contracts that can be filled out with a minimum of involvement by you.  Or get them involved in the process of creating contracts and documents, instead of dropping everything in your lap.

For solo practitioners, this is especially important.  The last thing you want to be is a bottleneck for your clients’ business.  There’s only one of you, but many clients.  Do you expect them to wait for weeks until you can free up your time?

Instead, why not follow the lead of in-house counsel in business?  As in-house counsel, our staff was limited but the demands endless.  We did not get paid by the hour, so efficiency was top of mind if we wanted to have a personal life.  We standardized as much as possible into forms that could be filled out on a word processor by the line managers, by filling in blanks.  We also created sets of instructions to go with such contracts.  That way, we tended to spend the bulk of our time once to create a form and instructions, rather than reinventing the wheel over and over.

Another thing that we did was institute a protocol where the line managers filled out a document as far as they could, and then made an appointment to sit down with us in our office together to review it. The review requirement was written right into the instructions and also as a big bolded note right on the form contracts – to prevent non-lawyers from going it alone. The client felt empowered and in control because he or she set the pace.  But the lawyer acted as a safety net to ensure that unique circumstances were addressed properly and legal advice dispensed. 

For some types of transactions, rather than creating forms, we created detailed checklists for clients to fill out and bring to the lawyers.  Those checklists helped the client understand the transaction better.  Checklists shortened the cycle time for completing deals.  And they save the lawyers hours of time, saving the client money, too.

Yeah, but Standardization Undermines My Billable Hours!

Now, all of this standardization may sound counter to earning a living.  But I suggest just the opposite -- if you make it as easy and painless as possible for clients to deal with you, they will be eternally loyal.  They will so enjoy interacting with you, that they will find a recurring need for your services.  And they will value your services more, because they know you value THEIR time -- and their budget. 

Contrast that with the lawyer who insists that every contract or document must be written from scratch; who makes legal mountains out of molehills – and makes everything so complex that the small business owner cannot even delegate to staff, but has to get personally involved each time. 

What happens to that lawyer?  Clients get frustrated.  They avoid coming to the lawyer even when they know they should.  Why?  They know the process will not be efficient.  They fear their business goals will be delayed. They start making lawyer jokes. That’s when they start going bare, without legal counsel.  Or worse, they start pulling out old agreements or downloading contracts from places like www.DocStoc.com and playing attorney without the benefit of proper advice.

What Can Be Standardized?

Many contracts and business documents can be standardized and turned into fill-in-the-blank forms, if you take the time to do so.  Here is some low hanging fruit:

Employment offer letters

Customer contracts

Non-disclosure agreements

Consulting agreements

Agreements to hire freelancers or independent contractors

Employment handbooks (to cover many employment-related issues)

Resources to write better

Let me close by pointing you to several online resources you can use to make contracts more understandable and less frustrating for clients:

Readability test: http://www.online-utility.org/english/readability_test_and_improve.jsp

Plain English for Contracts: http://www.partyofthefirstpart.com/.  Check the associated blog for this site, too, for a list of other websites and blogs that cover plain English writing:  http://thepartyofthefirstpart.blogspot.com/

Transcript of Podcast for using plain English in general today:   http://www.thecomwellgroup.com/podcast/9-2006.htm

* * * * *

Anita Campbell is a former General Counsel who now runs a small business at Small Business Trends (www.smallbiztrends.com).

"Tip of the Week" - Celebrate Your Mom, Mom-in-Law, Mom of Your Children

This is my beautiful, wonderful mother.

I categorically know but for her innate wisdom, keen intelligence, endless kindness, compassion, incredible perseverance and 'never say 'can't' attitude' I would not be the person I am today.

Happy Mother's Day.         

Cramming 31 Hours in a 24 Hour Day - Solos Do This

This is a fascinating ABC news report showing us how technology allows us to cram 31 hours into a 24 hour day.  Is this a good thing or not?  I know it took me 8 days in to a 14 day vacation to actually relax.  I'm not so sure this is a good thing.

I know I would rather have more time than money.  And you?  As a solo are you finding you need to create 31 hours in a day?  Do you have to or just feel like you have to?  Good time to review your time management skills, how you delegate repsonsibilities, how you create your priority lists.

Let's get back to 24 hours in a day...and a good night's sleep.

How To Earn Undying Loyalty From Business Clients (Part 1) - Guest Blogger Anita Campbell

I have had the amazing good fortune of becoming 'friends' with Anita Campbell of SmallbizTrends and she graciously agreed to guest post here on a topic which is dear to her heart (as a former GC), writing contracts for real people, not court. She now runs a small business at Small Business Trends (www.smallbiztrends.com).

How to Earn Undying Loyalty from Business Clients by Standardizing Contracts and Writing in Plain English

Having been a lawyer for many years and later moving to the business side, I have gotten a taste of my own bitter medicine. 

I have come to realize how frustrating the standard operating procedures of many lawyers can be to small business people.  I learned that with some changes and adjustments, the process of lawyer and client working together could become mutually-respectful, instead of painfully slow, laborious and frustrating.  In this article, I’d like to share some thoughts about how you can earn your small business clients’ loyalty and make for a more enjoyable time practicing law.

Let’s start by taking a look at what every client dreads – going to your lawyer for what you think will be a simple contract, only to end up with the “contract from hell.”

What is a Contract from Hell?

A contract from hell:

• Requires 25 years of schooling to comprehend.  A typical “legalese” agreement may require a reading level of 25 years of education! Too bad almost none of us have a 25 th grade education. 

• Uses words like “whereas” and “heretofore” and similar adverbs. If you manage to conduct business in real life without such words ever passing your lips, why do you need them in a contract?

• Has more than 5-7 defined terms.  Lawyers love defined terms in contracts.  In moderation they can make a contract clearer and shorter – you don’t have to use as many words to keep describing the same thing.  But over-use them, and the contract becomes indecipherable.  Nothing makes a contract harder to understand than stopping to look up a defined term every 20 words.  No, I take that back – there is one thing that makes a contract harder to read:  putting defined terms within the definition of other defined terms. 

• Has multiple exhibits attached.  Does any contract short of a multimillion dollar Wall Street transaction really need 5 exhibits or appendices?  Exhibits can make it easy to amend a contract or include regularly changed information or numerical formulae.  But anytime you have to stop and refer elsewhere in a document, it interrupts concentration. Plus, exhibits have a disastrous tendency to either (a) not get filled out properly, or (b) come loose and get lost in the backs of folders and on fax/copy machines.

• Leads to avoidable litigation.  The contract from hell is virtually useless as a business document, because non-lawyers cannot understand it.  It goes into a file, never to be seen again. If you want to get your clients involved in litigation, go ahead and write contracts so complex that your clients inadvertently violate them. 

So, What is a Better Contract?

Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective?

(Part II will be featured here on Monday, May 12th. )

* * * * *

Anita Campbell is a former General Counsel who now runs a small business at Small Business Trends (www.smallbiztrends.com).

Going Solo; Confessions and Inspirations - Amy A. Breyer

This solo lawyer is one of a new breed focusing on animal law.  I say new breed (pun intended) because while there have always been lawyers who have defended animals they were always seen on the 'fringe' as animal rights was marginalized.  Now, however, animal rights are finally being recognized and creating an increasing valuable niche for lawyers who choose to defend the rights of animals. Our guest blogger is one of them.  I also encourage you to visit Amy's blog as she has created an impressive list of animal rights lawyers throughout the country.

Guest Blogger - Amy A. Breyer

I opened my office on March 1, 2002 and (fortunately!) have been in business since.  I have a niche in a small but growing area of practice: animal law.  In case you're not familiar, animal law is very much like environmental law: an umbrella designation that includes a wide array of topics.  For example, just like environmental law covers air, water, land, pesticides and so forth, animal law covers farm, research, wildlife, companion animals and more.  And just like environmental laws involve civil statutes, criminal penalties and massive regulations, animal laws range from pet trust provisions in estate planning laws to cruelty prosecutions to massive (albeit largely ignored or ineffectual) regulations covering use of animals for food or research.

When I decided to apply to law school in 1996, I had already worked in TV news for more than a decade.  My “aha” moment came while I was reading a story on the wires about a defendant in Florida who was convicted on cruelty charges for beating his puppy to death for soiling a carpet.  I realized I didn’t just want to tell people about what happened, I wanted to nail this guy’s *!*# to the wall.  So goodbye journalism, hello law. At the time, not only was animal law still largely unheard of, even just admitting I was a vegetarian was often a pretty marginalizing experience.

Fortunately, the sudden rise in popularity of animal welfare and rights issues in the past few years has changed the social landscape dramatically, but I still run into plenty of folks who just don't “get it”.  Individuals who don't have companion animals frequently don't understand - or are unwilling to accept - the fact that the bonds people form with non-humans can be just as strong and meaningful as those we form with other people.  Moreover, just as the law has come to acknowledge that race and gender are not meaningful criteria for denial of all rights, I believe the law will eventually recognize that neither is species. This doesn’t mean that all rights should be extended to all species; it is pointless to suggest that my cat should have the right to drive my car.  However, one day I believe that society should – and will – accord at least certain fundamental rights to at least some non-human species. And when I am able to genuinely persuade a judge to just even seriously think about any of these issues, it's a good day.

Case in point: several years back, I represented a woman on a veterinary malpractice claim.  The case was pending in a conservative county.  For the better part of a year, the judge - who was smart and clearly read all the briefs submitted in his courtroom - ruled against me on pretty much every issue, every time.  After about a year of motion practice where the insurance defense counsel brought every motion he could think of to try to dismiss or gut the damages out of the case, he brought a motion to transfer down to small claims, which had a jurisdictional limit of $5,000.  Figuring there was nothing left to lose, I told my client to come to the hearing.  I put her on the stand and began to question the client: a widowed, Holocaust survivor who lived completely alone because well, her dog was now dead.  When I got to the $64,000 question (ok, technically the "Plaintiff seeks in excess of $50,000" question...), I asked: What would you rather have? A million dollars or your dog? Opposing counsel literally jumped out of his chair to object (repeatedly).  The judge overruled.  I asked again, and (tearfully, of course), the client said she would rather have her dog back.  By the end of the hearing, the judge denied the motion to transfer her case down to small claims, ruling that he would not say as a matter of law that her claim was worth less than $5,000!

The Law Offices of
Amy A. Breyer, LLC
33 N. LaSalle Street, Suite 2020
Chicago, Illinois 60602
(312) 977-1400
(312) 977-1401 (fax)
http://AnimalLawOnline.net

Blog: http://AnimalLawOnline.blogspot.com