Thrilled to be Returning to Speak to Drexel’s Law Students

Last year I had the pleasure of being invited to present “Best Practices for Financial and Procedural Management” to Drexel‘s law students.  I am thrilled to report that the evaluations and comments from the students were so glowing that I have been invited back for an encore this year.  My presentation will be on Monday, February 20, 2012, from 5:20 to 7:20 pm.  There’s no sugar-coating on the concepts and doses of reality included in this presentation.  But at least the law students come away a real giant step closer to knowing what to anticipate in the “real” world!

Do As I Say – Not Necessarily As I Do!

I was presenting the last in a series of four seminars for the Chester County Bar Association on Tuesday, December 20th.   The bar advertised the series as an “Ellen-a-thon;”  a term first created by either the Erie County or Bucks County Bar, I can’t remember which.  Anyway, I was presenting on behalf of the Pennsylvania Bar Association, and my partner, Jennifer Ellis, joined me as a representative of Freedman Consulting for the last session.  We presented a two-hour session entitled, “Social Media Examined: Possibilities, Ethical Considerations, Privacy and Security Concerns.”

 When we originally created the seminar and shared the podium, Jennifer was still serving as Associate Director of Media Technologies with the Pennsylvania Bar Institute and as an outstanding program manager who developed many of PBI’s programs on technology, technology law and law practice management, as well as PBI’s social media presence.

 My approach to social media covers the sea-change in communications it has created, and social media’s affordable application as a business tool for law firm use; uses for strategic intelligence gathering, networking, and as a marketing and client communication tool.  Jennifer, on the other hand, focuses on the ethical traps for unwary users, current evolving case law regarding various aspects of social media, specific uses of social media in various areas of practice, how to advise clients so as to avoid spoliation charges, and how to properly preserve evidence.  It is a very fast-paced two hour program which totally engages the audience.

 While talking about the power of blogging and tweeting, one of the audience members questioned how often one should expect to blog.  I stated without hesitation that one should consistently blog at least three times per week.  Minutes later this audience member, who had a laptop, questioned whether he had correctly connected to my blog, since there had not been a post since mid-October. 

 I winced and laughed simultaneously.  Just because I know what best practices are, doesn’t necessarily mean I follow them myself all the time!  Truth be told, there has been such a huge increase in intake since Jennifer joined the practice — before I never took on more than one or two private assignments over and above my work for the PA Bar Association, and turned the others away  — that I have struggled to keep up with demand for my time. 

 Yes, I’m struggling to squeeze 25 hours into a 24 hour day.  Just like you do, Mr. or Ms. Attorney.  I really do understand that there are often not enough hours in the day to get it all done.  I am sympathetic.  But if you ask me what you should do, I will still give you the answer which covers best practices.  Not always the same as reality, though, I’ll give you that. 

 Keep in mind that we should all be constantly trying to make small steps of progress toward the goal of best practices.  Whether that goal concerns improving your timekeeping and billing habits, or marketing activities, or client intake procedures — no matter what the goal — small steps of progress in the right direction will always produce better results in reaching ones goals over the long term.

 There will always be some backsliding from time to time.  That’s to be expected.  But that doesn’t change the ultimate goal.  Nor does it erase all the progress already made.  It’s just a temporary blip on the radar screen.  Ok, I missed a couple months.  It’s happened before, and likely will happen again.  That doesn’t mean I give up on blogging or tweeting.  It means I redouble my efforts to get back on track.  Perhaps I change the time of day I try to blog.  Or decide to seek out guest bloggers I can trust, to take off some of the burden.  Blogs are, after all, content monsters which require frequent feeding in order to successfully engage an audience.

 I appreciated the challenge from the seminar participant, because it pushed me back on track.  So thanks for coming, and thanks for being such an active participant.  I have a feeling you’ll have a big smile when you read this blog post, and hopefully many more to come.

Target and Pursue Using LinkedIn

What a coincidence.  Last night I presented “Social Media: Part of Today’s Client Development and Retention Toolkit” for the Montgomery County Paralegal Association.  I was delighted to be greeted by a huge crowd eager to find out how these tools might be applied to the benefit of their firm’s client development efforts.  (Yes, they spelled my name wrong and got the seminar title wrong, but those in attendance were not disappointed.)

Unlike most of the attorneys who attend this presentation, most of those in the audience were already extensively using Social Media on a personal basis.  Almost everyone had a FaceBook page, most had profiles on LinkedIn, a few tweeted, and most everyone subscribed to one or more blogs.  One person (actually, the program sponsor, from Harris Investigations), stood alone as having created a FaceBook page for his dog.  My dogs, and their FaceBook friend, Curtis D. Ellis, will be sending  friend requests shortly!

One point I worked hard to drive home involved the crowded marketplace in which legal professionals navigate nowadays.  It’s hard to get the attention of prospects when so many other attorneys are trying to get their attention at the same time.  And the concept of being “out there” in order to establish relationships with prospects and referral sources has taken on a whole new meaning with the use of Social Media.  It enables one to be “out there” way beyond what would have been possible, both time-wise and geographically, without these tools. 

I spoke about the “new normal” in marketing, which I describe as “target and pursue” — identify the ideal client or referral source, and then find ways to reach out and touch them in a meaningful (and metaphorical) way.  I emphasized the importance of LinkedIn as a tool for strategic intelligence.  It enables one to identify the key players in the industry or specific company one wishes to pursue, and to track relationships in order to find a point in common, who can provide an introduction. 

Today, the AttorneyAtWork blog posted “Let Me Introduce You: One of Many Things LinkedIn Is Good For” and it directly addresses the same topic in the same way.  The fact that the blog post was written by marketing expert Merrilyn Astin Tarlton made me feel pretty darned good about the messages I delivered in my presentation.  It was worth the trip in driving rain, to provide valuable information for such an appreciative group.

Sour Grapes from Microsoft?

I just love the recent article in C-Net News about Windows Phone chief Andy Lees throwing stones at the iPhone and Android.  However, consumers thus far have seen things differently.  Microsoft’s sales have been lukewarm thus far — way below expectations.  Whereas the iPhone is flying off the shelf, and the Android is consistently growing market share. 

Sour grapes?  Sure sounds like it.  But we’ll hear from an expert I (and apparently Microsoft,too)  trust in the near future as to  how these phones really compare.  My partner, Jennifer Ellis, is being provided with a new Microsoft phone gratis for evaluation purposes.  Jennifer is currently using an Android.  She used an iPhone extensively before that.  And she is eminently fair and objective.  I can’t wait to read about it on her blog after she’s run it through its paces.

A Brief Period to Reclassify Independent Contractors Almost Penalty Free

Many law firms frequently abuse, er, misclassify employees.  Sometimes an employee is erroneously classified as exempt from overtime, when they’re not.  More frequently, it’s about misclassifying workers as independent contractors, when in fact they do not meet the DOL qualifications. If you’ve been one of those, you have a brief opportunity to correct the misclassification without it costing an arm and a leg in penalties.

A recent article in the Wall Street Journal entitled “Price of Reclassifying Workers” stated that an IRS program announced last week would enable employers to reclassify contractors as employees and make only a small payment to cover past payroll taxes.   Employers who opt into the program will owe 10% of the tax liability that would have been due on the employee’s compensation for the past year, without interest or penalties, and without going back further in time, according to IRS statements.

Properly classifying employees can be tricky.  For small firms and businesses, using categorizations of independent contractor or applying exempt status can make the difference between being able to afford the help, or not.  It can help an employer avoids taxes, benefit costs, overtime payments, and more.  And sometimes, because there is no “bright line in the sand” to clearly arrive at a proper classification, honest mistakes are made.  But they can ultimately be very costly.  Especially now, since the IRS has announced this program, it not surprisingly said it will be more vigilant about worker misclassification in the future.

If you’re not sure, you can search for information on the Department of Labor’s Compliance Assistance information page.  You can look at their Employment Law Guide.  What you’ll quickly find out, however, is that their site is not so easy to navigate.  Well, let me rephrase that.  It’s easy to navigate.  But it’s very difficult to find the exact information you seek.  Their internal search engine leaves much to be desired, and is rife with “404 link error” results.  (I did manage to find the IRS page for Independent Contractor Classification information.) 

For the above-stated reasons, you may want to just accept the fact that your billable time wasted on fruitless searching on a user-unfriendly site will ultimately cost more than a call to one of your fellow bar members who practices employment law.  Not to mention the wording right on the IRS Independent Contractor Classification page:

Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.

The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.

To Post Or Not to Post?

The National Labor Relations Board (NLRB) has issued a Final Rule requiring employers to post a notice of workplace employee rights under the National Labor Relations Act.  The notice is available for download at the NLRB web site.  The required date to post is no later than November 14, 2011.  All employers are required to post a whole bunch of notices, so why is this one raising controversy?

According to a Labor and Employment Alert from Ballard Spahr, both the National Association of Manufacturers (NAM) and the National Federation of Independent Business have filed lawsuits in the U.S. District Court for the District of Columbia, challenging the legality of the new notice-posting Rule, and seeking preliminary and permanent injunction of enforcement, on the basis that the NLRB has exceeded its authority by issuing the Rule.

With the deadline approaching to print and post the new Rule, you may want to have a copy handy, and create  a Google or Yahoo alert to follow whether in fact you will actually have to post the new Rule.  Also note that if your firm posts these types of notices on your computer system as well, then this new Rule would have to be provided in that medium as well.

Disaster Legal Aid Help for Civilians

Some PA residents and businesses, like me, dodged a bullet when hurricane Irene passed through.  But others are not as fortunate.  I have been getting lots of calls on the PA Bar Association Hot Line from lawyers whose offices were flooded, or worse, mudded, resulting in a loss of client files and other valuable papers.  Many people lost everything of a personal nature, including their homes, and many businesses are struggling to survive.  No, I will not take this opportunity to provide any lectures about disaster prevention steps that could have been taken.  I will reserve that for another time.  Right now I just want to get the word out about what resources are available to help.

The PA Bar Association has teamed up with PA Law Help to create a virtual law clinic.  The Allegheny County Bar Foundation has created a detailed model resource for Volunteer Attorneys.  In addition, local Bars have set up 7 sites for disaster relief around the state, and are asking their members to mobilize to provide support to the community.  The 7 centers are:

Wyoming County Tunkannock Area Administration 41 Philadelphia Avenue Tunkhannock, PA 18657

 Bradford County Towanda Fire Department 101 Elm St., Towanda PA 18848

 Luzerne County Community College 1334 South Prospect Street Nanticoke, PA 18634

 Dauphin County Harrisburg East Mall 3501 Paxton Street Harrisburg, PA 17111

 Lycoming County 740 Fairfield Road Montoursville, PA 17754

 Columbia County Agricultural Center 702 Sawmill Road Bloomsburg, PA 17815

 Sullivan County at Loyal sock State Forest District Office 6735 RT. 220 Laportte, PA 18626

These 7 sites are opening today, Wednesday, September 14, from 1 p.m. to 7 p.m. and starting tomorrow, on Thursday, September 15th, from 10 a.m. to 7 p.m. daily. Disaster officials recommend that individuals register before visiting a DRC so if there are any questions about the application process they can be answered face to face. Individuals may visit any DRC regardless of where they live or work.

Register for assistance online at DisasterAssistance.gov; the screens will prompt you through the registration process.

 One can also apply by web-enabled mobile devices at m.fema.gov, or call 1-800-621-FEMA (3362). Disaster assistance applicants who have a speech disability or hearing loss and use TTY, should call 1-800-462-7585 directly. For those who use 711 or Video Relay Service (VRS), call 1-800-621-3362. Operators will assist individuals seven days a week between the hours of 7 a.m. to 10 p.m.

Reach out to those around you.  That includes your vendors, employees, neighbors and friends.  Make sure they know of these resources.

Is Your Law Degree Worth the Paper It’s Printed On?

 There is quite a debate right now about the value of a law degree, law school debt, and the difficulty law school graduates experience in trying to find employment.  The tight job market has no doubt upped the amplification on this dialogue.  I recently came across a relatively new blog called “Inside the Law School Scam” written by a law school professor who describes himself simply as “a tenured mid-career faculty member at a Tier One school. ”

I found the blog posts highly insightful.  And the fact that almost 2,000 comments have already been added is a testament to the pent up emotions surrounding these issues: resentments of some, and the lack of sympathy from others, but an obvious point of interest to all.  

If you’re one of the thousands of law school graduates who 1) was unable to find a job at a law firm following graduation; 2) has been unable to earn the type of money which lured you into becoming a lawyer; 3) feels there are too many lawyers in proportion to prospective clients; 4) feels law school failed to prepare you for the realities of practice; 5) has found it nearly impossible to repay your law school debt; or 6) is making great money as a lawyer and doesn’t have a bit of sympathy for those who have failed to make the grade, you should visit the blog and weigh in with your comments.

Fraud on Lawyers – A Small Measure of Satisfaction

I’ve written numerous warning posts about the email scams which have left lawyers throughout the U.S. and Canada out millions from their trust accounts.  See, for example,

Another Attorney Trust Account Hit By Online Fraud

It’s so hard to believe that lawyers — smart people all — continue to fall victim to this scam.  But the glamour of fast and easy money is too much and overrides the common sense of many.

When my latest issue of my ABA electronic news arrived, I was delighted to find a headline entitled “Nigeria Extradites Man Accused of Scamming Firms Out of 31M” — yes, folks, he’s on his way to the U.S. to face many counts of fraud.  Get out the pitchforks and torches, folks, this is going to be interesting.

Unfortunately, this is just scratching the surface of rounding up the evil-doers who have recently targeted law firms — particularly smaller firms.  Remember, it’s a dangerous world out there.  If it seems too good to be true, it probably isn’t!  Keep your guard up, and your trust account funds safe.

Creating Your Elevator Speech

I’ve been referring to elevator speeches, and advising attorneys to create their own, for years. I just came across an article which provides a unique methodology to do so.  Well, maybe it isn’t so unique, but I think so.  Decide for yourself. 

I found the article on a blog entitled “The Wonderful World of Jeffrey Paul Baumgartner: Learn How to Be More Creative!” and I guess the title of the blog just about says it all.  The specific post I refer to is entitled “Framing a Creative Elevator Pitch” and I think you will find it both informative and a pleasure to read.