Practice News

Lawyers can -- and sometimes must -- use technology to share and collaborate on documents. But it's essential to keep proposed versions straight and ensure that the documents' metadata, including comments and proposed changes, is viewed only as intended. Helen Gunnarsson interviews tech experts who describe how to do that in the February Illinois Bar Journal.

Interesting article in the February ABA Journal about the long-rumored new version of Westlaw (launch date February 1), a coming-soon revamp by Lexis, and a new legal research product by Bloomberg. Bottom line: everyone is trying to make searching easier and more Google-like. Here's a passage that might resonate with ISBA members: "Ed Walters, CEO of Fastcase, a 10-year-old legal research and information provider in Washington, D.C., says his company has thrived because it already addressed the problems that LexisNexis and West are now trying to correct. 'In the old way of doing legal research you get this long list of results and the results are undifferentiated. It’s one-size-fits-all,' he says. 'That’s a huge problem.'” If you're an ISBA member and you haven't taken advantage of your free subscription to Fastcase, there's no time like the present.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a partner in a 5 attorney firm in downstate Illinois. We had a difficult year last year and are trying to plan 2010 and beyond. Do you have any thoughts as to what we should be thinking about? A. As law firms begin to plan for 2010 and beyond we suggest the following key strategies:

• Develop an ongoing brainstorming program to facilitate the process of identifying new business opportunities. Incorporate client surveys into the process. Consider small client advisory boards and focus groups.
• Get that business/marketing plan that you have been talking about for years done for 2010.
• Focus - Focus - Focus your firm

Research indicates that three of the biggest challenges facing professionals today are: time pressures, financial pressures, and the struggle to maintain a healthy balance between work and home. Billable time, non-billable time or the firm's investment time, and personal time must be well managed, targeted and focused. Today well-focused specialists are winning the marketplace wars. Trying to be all things to all people is not a good strategy. Such full-service strategies only lead to lack of identity and reputation. For most small firms it is not feasible to specialize in more than two or three core practice areas. Based upon our experience from client engagements we have concluded that lack of focus and accountability is one of the major problems facing law firms. Often the problem is too many ideas, alternatives, and options. The result often is no action at all or actions that fail to distinguish firms from their competitors and provide them with a sustained competitive advantage. Ideas, recommendations, suggestions, etc. are of no value unless implemented. We suggest the following: Recognize that unless your firm is a large firm - full-service may not be an appropriate strategy. Small firms should identify fewer areas of practice and specialize and aggressively market these areas.

• Limit your practice
• Consider industry niches.
• Identify three to five key goals and strategies for the year.
• Be selective in client acceptance
• Use your business/marketing plan as a tool to keep you on track.
• Create an environment in your firm for effectively getting decisions implemented.
• Increase your marketing investments.

How many variations of "attorney's fees" do you see? Four different variations, according to the Illinois Bill Drafting Manual of the Legislative Reference Bureau and Bryan A. Garner. Attorney's fees, attorneys' fees, attorney fees, and attorneys fees all appear in the Illinois Compiled Statutes.(Manual, page 282) Both Garner and the Manual agree on recommended usage.  (1) "Attorney's fees" appears most frequently in the Illinois statutes, and Garner agrees that it is the most prevalent. (A Dictionary of Modern Legal Usage) (2) "Attorneys' fees" is fine for plural possessive (more than one attorney). (3) "Attorney fees" is not recommended by either but is used frequently. (4) "Attorneys fees" is not to be used at all.