CAPROS Blog

Follow the Leader

2011-05-11T19:08:00.000-07:00

Provided by Matthew Spievak, Sarnoff Court Reporters, VP/GM Northern Region. Matt is a member of NorCalPROS

There are a few childhood games that I still remember vividly. I loved Duck, Duck, Goose, Telephone and Follow The Leader. They all had an element of danger in them and the ability to really get a little kid's heart pumping. Duck, Duck, Goose because there was this anticipation in both being tagged as the "goose" and having to give chase around the circle, hoping to beat the tagger back to your seat. I never won, so my only hope was not to get tagged. Telephone because I lived in fear of being the one that screwed up the phrase that was being passed. That fear was born from an embarrassing revelation that came in first grade … the one time I recall being the leader was on the playground in second grade when someone got hurt. I thought it was a brilliant idea to lead my little troop up and over the teeter-totter. The third person in line pounced the teetertotter down to the ground and Kim Haggie, the fourth person in line, took that wooden playground apparatus on the chin, causing her to bleed profusely, which earned her a few stitches and me a chair in the principal's office.

So at the ripe old age of eight, I learned one of life's important lessons: Being a follower had the potential for serious danger, and that being a leader carried with it great responsibility! And so I learned to take being a leader much more seriously because you don't want the person behind you to suffer permanent scaring. However, as careful a leader as one tries to be, there's always that unanticipated obstacle. Job sharing in the world of court reporting is one such occasion where the leader must take great care in passing on the right information . . . from correct spellings of attorneys', witnesses' and veniremen's names, to case cites and proper seating charts. Those are but a few tidbits of information we reporters share on our "dope sheets" and they have to be right. Otherwise, we perpetuate A BIG MESS! An entire trial can be rifled with misspellings if you bat lead-off and pass on misspellings, information that becomes part of a permanent record. History, if you will, bad history.

I hope that I've been a good lead reporter over the years when it comes to information sharing, mindful of what it's like to be the person later down the line who has received counsel's embarrassing corrections. When you're a team player, you take it on the chin and quietly make the correction, careful not to throw any other team member under the bus because of that saying: "There but for the grace of God go I." But sometimes, no matter how hard you try, somebody follows in the lead reporter's footsteps because they [mistakenly] think the reporter in front of them knows more.

I'm going to claim a stomach flu coupled with delirious fever for a court mishap four years ago. That's because it's completely true. I was reporting a one-day bench trial when, as luck would have it, I had to abruptly interrupt a witness on the stand due to an unavoidable personal need. One hand went up to catch the Court's attention, as I used the other hand to cover my mouth and sprint to the jury room's washroom in the Daley Center.

As every reporter who has had the great good pleasure of reporting in Cook County's downtown courthouse would attest, the Daley Center, the acoustics stink. We reporters have a killer time trying to make a clean record when clerks stamp docket filings while proceedings are underway, with mumbling witnesses and counsel rapid firing their questions in a room where even the loudest voices seem to drop into a dead zone. Why is it then that the acoustics are crystal clear in the jury room's washroom so that the sound of a court reporter retching from stomach flu are unmistakable? Murphy's Law, I guess.

When I returned to the courtroom from my wretched retching experience that was unfortunately in earshot of the entire courtroom, it wasn't sympathy that I garnered from my unintended captive audience, but looks of horror on the collective faces of counsel...and disdain from an annoyed judge. Knowing that I was going to experience round two in short order, I called my office for backup before I attempted to slither back into my seat below the witness box and the bench.

Then came a humiliating request from the Court that caused a chain of events that I could not anticipate. The judge, shooing me with a backhanded waving motion, indicated to me to relocate my chair away from the bench and the witness box -a little more . . . keep going...right there -which landed me about 10 feet away from the bench and the witness box and put me basically smack dab in the middle of the courtroom, somewhere between counsel's podium and the bench! I felt like I was sitting in a motorless dingy in the middle of the ocean with steamers going by, their crew peering over the edge and laughing at me as I bounced helplessly in the waves. Thankfully, there was no jury to witness the excruciating little exercise. The only thing that I was missing was a dunce cap!

Within five minutes, a janitor appeared to disinfect the bathroom walls in the jury room. (Yeah, I did. Shut up. Until it happens to you, you have no idea!) Another 10 minutes passed before an angel of mercy appeared. No, I wasn't hallucinating. The angel that appeared was in the form of a relief reporter.

The judge was kind enough -or, more truthfully, wanted me and my vidocci to scram in short order -to break and allow a reporter switch. Not wanting to breathe on my angel of mercy, I made my hasty departure so proceedings could resume. So the new reporter took my seat IN THE MIDDLE OF THE COURTROOM, unaware that I had been banished to this bizarre location by the judge, a result of my little mishap.

A few days later when I returned to work, the reporter who relieved me was eager to learn what the value was in sitting in the middle of the courtroom for trial. She told me she had never seen such a seating arrangement for a reporter but didn't question it because it was arranged by the all-knowing Margie Kruse!!! O-M-G! Flashback to second grade. This time, my friend who relieved me was the one that got whacked on the chin by the teetertotter! But instead of stitches on the chin, we shared a gut-busting laugh over it!

What about you, Ms. Reporter? Have you ever played Follow The Leader to your own detriment? How'd that work out for you?

Videotaped Testimony Synchronized with Transcript

2011-05-11T18:31:00.000-07:00

A user-friendly tool for all phases of litigation

By Marnie Levy, CLVS, Sky Blue Video and Jeff Koller, General Counsel and Client ServicesAdministrator, Hutchings Court Reporters, LLC. Jeff is a member of the San Diego Chapter of SoCalPROS.

One of the most powerful tools for utilizing videotaped depositions is synchronizing the video and transcript.

Simply put, “video-sync” links each line of a deposition transcript with the video deposition so they play simultaneously. As you might imagine, video testimony and the written transcript scrolling side-by-side is a one-two punch of credibility!

In addition, the video-sync software has multiple features that make it a convenient, economical, user-friendly method for organizing, sharing, and presenting testimony before and during trial, arbitration, or mediation.

Video synchronization is offered by most court reporting companies and legal videographers. Once the transcript is complete, and you have the video deposition (MPEG-1 is the preferred format), the synchronizing process can be completed quickly—typically within a few days or sooner if need be.

When you order video-sync, you receive one or more CDs or DVDs, depending on the length of the proceeding. The discs play in your computer without having to purchase any additional software. The video has standard media player features (start/stop/pause/fast forward, etc.). The transcript portion of the synchronized proceeding has the same tools as an electronic transcript. While reviewing the synchronized deposition, you can quickly create video clips for later playback and editing, and export your clips to PowerPoint with a few simple clicks. Through this technology you are no longer reliant on an outside editor. This is a priceless tool, which saves endless hours of time searching, identifying, editing, and copying portions of relevant videotaped deposition testimony. Furthermore, it is easy and convenient, even while you are in trial, to find key portions of testimony to create new clips on the fly to play for the judge and jury.

Some of the advantages of using synchronized video testimony are:

You can import the video and transcript into presentation software such as Live Note, PowerPoint, Sanction, Summation, and Trial Director.
The native software enables you to perform word searches, which will take you from one point of the video and transcript to another, always keeping the two synchronized.
You can use the copy and paste feature to isolate and save portions of the transcript and video, making video clips to save as a group (i.e. merge multiple clips into a single streaming clip), email, or share with your trial preparation team. It is as easy as working with a common word processing program.
Clips can be organized, retrieved, merged and edited at any time, even during trial. The days of using fast-forward to shuttle a video to a key piece of testimony are gone forever!
You can email the clips or a link to those clips on a secure website, so members of your trial team or consultants can view a specific portion of the deposition. You maintain control of the clips and who is able to view them.
Exhibits can be hyperlinked in the synchronized transcript, so you can view the three relevant portions of the deposition—witness demeanor, testimony, and exhibits—simultaneously.

To learn more about video synchronization, ask your court reporter or videographer for a demonstration. Once you experience this technology and its ease of use, you will understand why it is quickly becoming the norm in trial presentation and case management for law firms of all sizes.
___________________________________________________

Jeff Koller, General Counsel and Business Development Administrator

Hutchings Court Reporters, LLC
Contact: jeffk@hutchings.com

Marnie Levy, Certified Legal Video Specialist
Sky Blue Video
Contact: marnie@skybluevideo.com

Legal Expense Management -- Working Toward Solutions

2011-02-11T12:56:00.000-08:00

by Sheila Okabayashi. Sheila is President and Founder of Integrated Solution Design and is a member of NorCalPROS and the Orange County chapter of SoCalPROS.

We want to hear your voice!

http://www.legalexpensesurvey.com/

In Expense Reduction Analyst's efforts to find expense reduction solutions for the legal community, ERA Los Angeles and Orange County's managing director Marylou Garcia (and our newest member of SoCalPROS-OC) has sponsored research to hear from you, the professionals in the legal market that deal wtih expense and budget management issues, to share with us your insights, experience, challenges, and solutions that are specific to your culture, practice areas, and industry.

Let your voice be heard by responding to this survey, which only takes about 5 minutes to complete. Your input is vital. Please do not delay -- the survey is open through midnight (PST) February 21st. Go to: http://www.legalexpensesurvey.com/.

After analyzing the data, the resulting white paper compiled and analyzed by Integrated Solution Design will be released to the legal community on March 1st. Survey participants will be among the first to receive it!

Are you what your office eats? And is that a good thing…

2011-02-09T12:58:00.000-08:00

by Laura Merrill, First Legal Network Account Executive, SoCalPro 2011 Secretary

A couple of weeks ago, I was sitting in my office thinking about what great new First Legal product or service to write about for this month’s SoCalPro’s BLOG entry. Let’s be honest, most BLOG Entries, while a great a opportunity to highlight a member’s service, are rarely written in a true ‘blog’ spirit; that is, a conversational topic that sparks further debate, discovery, discussion and general comments…So while I racked my brain on what topic might spark a discussion, at the same time not include religion, politics or your personal Super Bowl picks for who will run the coolest commercial (I’m routing for Budweiser over the GoDaddy girl)…I received the following email notification:

“It’s that time of year to join the First Legal O.C. “Biggest-Loser” Competition”

And there it was, my topic for this month’s Blog Entry…
Every January some of the First Legal Offices (18 and counting in CA, NV and AZ – sorry, shameless plug) hold a collective inter-office New Year’s Resolution challenge modeled after the hit TV show. Instead of pitting individual against individual, or division against division (did I mention we have one of the largest crews of Process Servers, Couriers and Court Filers in the OC area? Plug #2), the program is open to anyone who wants to participate. In fact, this year’s competition was so popular that there is both an ‘open company’ and a ‘guys only’ version of the program.

Program structure is pretty simple: competitors weigh-in with the ‘recorder of weights’ on the start day (Jan. 3), and then as often as they want. At the end of the program the person with the greatest percentage-loss wins. It’s a winner take all event based on a per-competitor-entry-fee and the competition runs through the end of May. I’ll be sure to let you know who wins…

What’s really great about such a program is how it affects the whole office, competitor or not, this program will affect everyone from our highly talented Customer Services Reps to our document prep specialists, court supervisors and drivers (more plugs). How? Well, I don’t know about you, but leading up to the Holiday Break, I can’t tell you how many company ‘pot-lucks’, ‘office parties’ and client-lunches I either participated in or was invited to…someone pass the Tums just thinking back on it…But what is really cool is how this competition is affecting our office lunches and parties:

We cleaned out the company fridge (have you looked inside yours lately?)…
Instead of holding one of our company sponsored office-lunches, we held our first ever pot-luck-salad bar (see picture).

At this point the collective idea that ‘you are what your office eats’ is both true and potentially life saving. The camaraderie that such a lunch fostered was both healthy and great fun. The ‘buzz’ generated was refreshing and long over due; especially on a Friday afternoon when everyone is already under great pressure. It was so exciting to see what other people liked besides the old fall-backs of pizza, Chinese and Mexican take-out. So, while all of my brave coworkers who are participating in the Biggest Loser Challenge benefited by such an activity, we all shared in the collective idea that we were not only doing something good for ourselves, but also for everyone in the office.

So ask yourself…and while you’re at it, ask some of the people you work with, “Are you what your office eats…and is that a good thing?” And to end on a healthy note: We can sponsor your healthy luncheon for your office as a “Lunch and Learn with First Legal”

Looking forward to the healthy New Year and your blog comments.

__________________________________________________________________________

Laura Merrill is the lead Account Executive for First Legal Network, Orange County, the leading Legal Support Service, Investigations and Document Solutions Attorney Service in California, Arizona and Nevada. Laura is also the 2011 Secretary for SoCalPros.

Why is Records Retention Important?

2010-10-21T10:30:00.000-07:00

by Cheryl Young, Records and Solutions Information Architect. Océ Business Services is a member of the San Diego Chapter of SoCalPROS.

An effective records management program can potentially save an organization – including law firms, their clients and in-house counsel – millions of dollars by preserving responsive records and disposing of obsolete records in systematic, consistent processes that can be defended. This helps avoid fines from courts or auditors. Ignorance of records retention requirements is no longer an excuse with the publication of the Sedona Guidelines, ISO 15489, the Federal Rules of Civil Procedure and state level adoption of the Federal Rules. So that begs the question: What are the elements of a good program?

One vital ingredient is the right approach to the retention of records. When it comes to a retention schedule, most companies either don’t have one or they don’t enforce it. This can be costly in terms of monthly records storage fees that pile up for many years. It can also be risky, leaving an organization vulnerable to litigation or discovery with regard to documents that should have been destroyed. So if your organization needs to create or re-think its retention schedule, here are some key objectives to keep in mind:

Control documents and other materials from creation through storage to destruction/archiving. Included are correspondence and other documented materials, which have historical or operational value or are essential to the conduct of business.

Provide recommendations to eliminate duplication and ensure preservation of official records.

Establish a records inventory that will indicate the type of record being retained, whether hardcopy or in electronic. Employees need to be interviewed regarding the degree of reference activity.

Provide specific record retention periods for each type of record based on Federal and State regulations, counsel opinion, fiscal and operating requirements. All documents should be considered, such as corporate files, accounting and correspondence, and a business value determined.

Select and recommend which records are considered to be part of the Vital Records Protection Program and indicate the most economical methods of protection.

Evaluate the use of electronic storage media, file tracking systems and improved offsite storage techniques.

It’s good to remember that if there’s no schedule being followed, there is no compliance. When considering a records retention policy, companies often ask about the typical steps that go into creating one. Here is a high-level look at what usually occurs during the creation of a policy:

Records Inventory – a comprehensive inventory of all department records. This inventory will include a survey of individual records series in all designated departments. A record series is defined as documents or records that are filed together in a unified arrangement relating to a similar function or activity.
Scope of the Inventory – a complete set of record retention periods for all active records based upon analysis of records inventory data will be prepared.
Appraisal of Records – retention periods to govern the disposition of all records series will be established. These retention periods will reflect an assessment of the operational/administrative, fiscal, legal, research and historical values of the records.
Creation of Classification Scheme/Taxonomy/File Plan – a classification scheme or taxonomy is analogous to a chart of accounts in that it standardizes how specific record series will be named. It applies to both hardcopy and electronic records and is developed after the inventory is complete.
Development of Schedule – set of disposition instructions prescribing how long, where, and in what form a records series shall be kept.
Vital Records – a records program involves the selection and protection of those records, which if lost or destroyed, would result in serious legal, regulatory, financial or operational consequences.

For further information contact Cheryl Young, Records and Solutions Information Architect, at cheryl.young@oce.com or Joseph Reges, Sales Manager, Western Region, USA, at joseph.reges@oce.com. Océ Business Services (www.obs-innovation.com) is a leading provider of document process management services and technology to legal organizations as well as businesses and the government sector.

Is Your Copier Secure?

2010-10-16T14:12:00.000-07:00

by Karin Finley, Legal Solutions Specialist, California Office Systems, Inc. Karin Finley is a member of the Orange County Chapter of SoCalPROS.

In mid-April, many viewers watched a CBS investigative report concerning the information stored on the hard drives of digital copiers. The report was titled, “Digital Copiers Loaded with Secrets, Your Office Copy Machine Might Digitally Store Thousands of Documents That Get Passed on at Resale”

Security is a critical issue in today’s business and legal environments. Undoubtedly, your firm has taken various steps to protect your documents from loss or unauthorized access and distribution, and steps to protect your network from various threats such as viruses, worms, Trojan horses, malware, etc.

Have you considered the security of the multifunction (MFP) device you bought to handle your firm’s scanning, printing, copying and faxing needs?

Today’s MFP’s are essentially computers equipped with memory and hard disc drives that capture and manipulate image data and convert it into bits and bytes. This makes your MFP part of your network. Because of this increased network functionality, security measures must be taken to ensure data integrity and accountability going to and from the device both within your internal network and information sent outside your firewall.

Controlling Access to the MFP Device and Data

Most MFP’s as well as other “Cost Recovery” products such as Equitrac provide security by making authorized users enter an access code before using the MFP. Without a proper code the control panel on the device is locked, blocking authorized use.

Network Authentication is another means of control via your network. This is ideal for large installations and many users. Network administrators can control access to the device in the same way they control network access at the desktop level. Users are required to enter their network user name and password to gain access to the control panel on the MFP.

Private Print is offered on some MFP’s. With this feature you put a code on your print job at your desktop. The job will not print until you enter it on the MFP. The code is unique to each job and known only to the creator. Private print is ideal for confidential document printing and prevents other people from accidentally picking up the wrong print job.

Secure PDF provides protection when sending documents to email and network locations. With Secure PDF, users assign a password to scanned PDF document. The password allows for various levels of control such as access, printing, editing and copying the content. Furthermore encryption can be applied to ensure it is stored safely. Secure PDF is the perfect solution for those wanting to email or store scanned documents without compromising the content. eCopy PaperWorks Software is popular in the legal market for creating secure PDF documents.

Protection of Data Integrity

Most MFP’s come standard with a hard disk drive that provides a large storage capacity and manages the data flow into and out of the device. As the data is scanned into the device, it is temporarily stored on the drive until it is processed. Whenever pages are scanned, printed, copied or faxed, the MFP device may retain data in its internal memory. Additional steps are necessary to render this data completely useless.

Hard Drive Encryption or “Scrambler Boards” offer encryption and decryption of all data being written to the hard disc drive of the MFP. This includes all copy, fax, print and scan jobs processed at the MFP. Encryption technology scrambles the information stored on your hard disc drive and makes the data unrecognizable.

Data Overwrite Kits ensure that the hard disk drive is absolutely clear of readable data by overwriting the actual data with random and numerical characters. Additionally, the disk is automatically cleared immediately after the device has completed each job, preventing the data from being recovered by unauthorized users.

Encryption technologies and data overwrite kits should be used together for an increased security. The advantage to having both options installed is that information written to the hard drive is rendered useless, while stored information on the hard drive is encrypted. This provides a maximum level of security to ensure that all forms of data are protected. Kyocera office products are well-known for their data security kits and encryption technology.

Finally, many MFP’s are returned to a leasing company at the end of their lease, reconditioned and sold to other businesses. So even if your MFP or hard disk drive is never stolen from your office or hacked into by unauthorized users, other people may gain access to your hard disk drive when they buy your used MFP. Security is critical!

Shopping for a copier has changed drastically in the 16+ years I have specialized in the Southern California Legal Market. My recommendation is to look for a complete solution including controlled access to your device, secure PDF sending and proven data security solutions!

Slowing Economic Growth Not Unusual

2010-09-21T11:08:00.000-07:00

By Paul Single, City National Asset Management. City National Bank is a member of NorCalPROS as well as the Los Angeles, San Diego, and Orange County chapters of SoCalPROS.

The current economic expansion began about a year ago and, by most accounts, is still under way, although some sectors are moving ahead more rapidly than others. Aggressive monetary and fiscal stimuli, as well as costly government initiatives aimed at stabilizing the financial system, have all played important roles in guiding the economy out of the Great Recession. However, the economy has now entered a new phase, one that hopefully will take it past the stimulus-based expansion of the second half of 2009 typified by programs such as cash for clunkers and the homebuyer tax credit and into a period driven more by consumption and trade. It’s not there yet – economic growth has not reached the point where it is healthy and fully self-sustaining. This is not unusual as studies of past recessions show that cyclical downturns accompanied by financial crises tend to be far more severe and last much longer than most reces-sions. Recoveries from these types of recessions are also far more gradual, since the restoration of banking, business, and household balance sheets takes a long time.

Two economic drivers that usually aid in a “normal” recovery are an increase in consumer spending and an upturn in housing construction. Unfortunately, because this recession was so entwined with the housing bust and high levels of consumer debt, these two drivers are not helping this recovery to take hold. Consumption typically rebounds in a recovery due to rising consumer confidence, pent-up demand, and easier access to credit. (see fig.1) However, because the current high unemployment rate is restraining consumer confidence at the same time that households are focused on reducing debt, final demand in the consumer sector is not nearly as strong as that seen in prior recoveries.

FACTORS IN THE SLOW RECOVERY

Easier access to credit and lower housing prices generally result in increased demand for new and existing homes, which in turn creates jobs in the construction sector as well as related fields such as home furnishings, title insurance, mortgage lending, etc. But because lenders were burned badly during the recent recession, they are not turning on the credit spigot generously. In addition, the supply of existing homes for sale is so large that it is simply overwhelming demand and keeping a lid on housing prices. Stagnant prices, coupled with ongoing foreclosures and defaults, are also keeping consumer confidence from rebounding as it has in previous recoveries. (see fig.2)

These and other factors mean that the economy remains susceptible to developments that could hamper the tentative recovery we are currently experiencing. Some of these developments are:

The federal fiscal stimulus program that was enacted as part of the 2009 Recovery Act is beginning to wind down.
The Bush administration tax cuts are scheduled to expire for many taxpayers at the end of this year, meaning less disposable income.
State and local governments are responding to severe budget shortfalls by cutting programs and laying off employees.
Comprehensive reform in the healthcare sector, along with the possibility of similar fundamental changes in the financial services industry, has muddied the outlook for companies as they consider capital spending and new hiring.
The sovereign debt crisis in Europe has led to government austerity programs that are being interpreted as restraints on economic growth in the Eurozone, with follow-on effects elsewhere.
The Gulf of Mexico oil spill, in addition to its unknown economic impact, has created new uncertainties in the energy sector in terms of possible regulatory restrictions.

POSITIVE SIGNS FROM MANY INDICATORS

While all of these issues make for good headlines and TV chatter, they are unlikely to derail the recovery, primarily because a number of important economic indicators are sending positive signals. Among them:

Employment is growing. Although the upward trajectory is not as great as many may hope for, it is moving in the right direction. Payrolls have increased 882,000 in 2010, compared with a decline of 3.7 million in the first six months of last year.

Inflation remains very low. The increase in Core CPI has been just 0.9% over the past year. Most importantly, inflation expectations are stable. This provides the Fed with more lati¬tude to keep short-term interest rates low for a longer time.

Credit conditions are improving. Businesses, households, and banks have better access to capital than they did a year ago, which serves to facilitate economic expansion.

Manufacturing continues to be the driving force in this recovery; it has expanded for eleven consecutive months.

Interest Rates are at, or near, record lows. The Federal Reserve Bank has reaffirmed that interest rates will remain “excep¬tionally low” for “an extended period.”

Recent economic reports have shown a softening in economic growth. However, as noted above, this is not unexpected. Economic recoveries, particularly those following a brutal recession, do not proceed in a straight line. Although the phrase is much in the news, we see no credible evidence at this point that a “double dip” is in the works. In our last Quarterly Update, we stated: “None of this is to say that the path to full recovery is clear and unobstructed. On the contrary, we fully expect potholes and stumbling blocks along the way.” This past quarter has been one of those stumbling blocks. As always, we will continue to monitor conditions carefully.

How to Maximize Your Telecommunications

2010-09-03T14:43:00.000-07:00

By Daniel Mocny, Senior Account Executive, AeroCom, Inc. AeroCom is a member of the SoCalPROS Orange County chapter.

The major “buzz” word in the telecommunications world is Fiber, or what we call, “Fast Ethernet.” This cutting edge technology is slowing taking over for old school DSL, Cable, Internet T1’s and even DS3! Fiber/Fast Ethernet offers faster speeds at half the price. Give us a call today and find out if this product is available for your office.

AeroCom is a telecommunications agency, helping law firms maximize their Internet, phone service, MPLS and more. We will make sure your firm is using the best technology for your individual needs, using the best provider available at your location, for the lowest pricing and superior support.

Recently we were able to assist a Los Angeles based firm save costs and improve their telecommunications. By providing a detailed analysis of their current services, we were able to save $1,100 per month, plus upgraded their single 1.5M T1 line to a 6M Bonded T1 line. In addition to drastically boosting their Internet performance, the monthly savings allowed the firm to upgrade their management and client software for increased productivity for their partners and staff.

Another success story comes from an expanding law firm in Orange County. We helped them to relocate their office from Irvine to Santa Ana and keep their existing phone numbers, doubled their Internet performance, simplified their telecommunications services by consolidating with one provider, AND saved them $1,700 per month. With the monthly savings, they were able to purchase a new VoIP phone system.

Let us help you review your services, present the best solution for your firm, and save you money. Please contact us for a complimentary telecommunications analysis.

When productivity matters: Case Notebook 2.0

2010-09-01T12:51:00.000-07:00

Thompson Reuters is a member of the Orange County chapter of SoCalPROS.

West Case Notebook® 2.0 is the latest version of West’s case analysis and management software which provides a centrally accessible electronic case file where users can organize, analyze and collaborate on all essential case information.

West Case Notebook 2.0 is the latest addition to Westlaw Litigator®, the most comprehensive set of integrated tools, services and content that help attorneys be more productive at each stage of a matter and more efficient in creating superior work product.

The new version of West Case Notebook integrates with the tools that legal professionals use every day, streamlines litigation tasks and leverages the work of the entire litigation team. New features include integration with WestlawNext™, the groundbreaking next-generation legal research service, more effectively incorporating legal research into case analysis. Research can be directly sent from WestlawNext into West Case Notebook case files for future reference, further analysis and streamlined collaboration.

Other new features in West Case Notebook 2.0 include more options for organizing information by user-defined topic groupings, populating of contact lists directly from Microsoft® Outlook®, additional features for researching and analyzing information related to characters associated with the matter, remote access via a Web server, and enhanced optical character recognition (OCR) that operates in the background, freeing users for other tasks.

West Case Notebook 2.0 is fully compatible with major operating environments, including Microsoft Windows® 7, Microsoft SQL Server® 2008 and Windows Server® 2008 as well as many others. West Case Notebook also continues to integrate with major software programs such as Microsoft Word™, Microsoft Outlook, Microsoft PowerPoint®, Corel® WordPerfect® and others.

“Now more than ever, West Case Notebook helps users analyze and organize their entire case with greater efficiency and effectiveness,” said Allison Guidette, vice president of Litigation, Thomson Reuters, Legal. “Combining Case Notebook with the powerful legal research results of WestlawNext helps connect the facts and evidence of a case with the law for more effective case preparation. Other new features further enhance Case Notebook 2.0’s unique abilities to organize, analyze and share case documents, tightly integrating those features with litigation workflows.”

“West Case Notebook 2.0 incorporates features that our customers told us they need to increase their productivity and improve their work product,” said Craig Larson, product development director, Litigation, Thomson Reuters, Legal. “In particular, attorneys and staff want to work with the tools they use in their everyday workflows, such as WestlawNext, Microsoft Office™ and WordPerfect. West Case Notebook 2.0 integrates with those tools and more to provide the optimum environment for efficiently handling case information.”

Westlaw Litigator tools provide the most comprehensive set of systems for analyzing and managing cases. West Case Notebook, West Case Timeline™, LiveNote Stream, West Publisher, Westlaw® Legal Calendaring and Westlaw CaseLogistix give attorneys and support staff the tools they need to handle case work more efficiently and build better work product and stronger, more effective cases. For more information, go to http://west.thomson.com/westlaw/litigator/default.aspx.

How To Avoid The Top 5 Budget Busting, Stress-Inducing Mistakes When Moving Your Office

2010-08-30T21:35:00.000-07:00

By David J. Davis of StarPoint. StarPoint is a member of the SoCalPROS San Diego Chapter.

Moving is always a pain in the rump, but it doesn’t have to be a horrific, expensive experience. The number one lament from someone who’s experienced a “bad” move is, “I didn’t know I needed to…” followed closely by “I completely forgot that…” In other words, it’s what you don’t do that makes the move a disaster.

To make your move easy and effortless, here are the 5 most common mistakes you want to avoid:

Mistake #1 — Not Using A Checklist

This may seem like a no-brainer to those who manage projects, but project management may not be a forte of someone placed in charge of your move (like an office admin). Even those who use a list typically fail to make the list detailed enough.

Mistake #2 — Trying To Save Money By Using Your Employees To Move Your Computer Network

Don’t ask your staff to disconnect, move and reconnect computers, phones and other devices just to save a few bucks. You’ll frustrate them and end up with phones ringing at the wrong extension, lost cables, and workstations that get dropped rendering them useless. You don’t want to let the movers do this job either; they may be great at moving furniture, but a network is a lot more sophisticated and sensitive. Be smart and hire an IT pro to pack and move your network. Doing so will help you avoid communication blackouts and extended downtime.

Mistake #3 — Not Hiring The RIGHT IT Firm To Move Your Network

While we’re on the topic, make sure you know what to look for when outsourcing the move. A few things to look for would include references from other clients, proof of insurance (get them to fax you a copy), a service level guarantee limiting the amount of time you are down, and a professional, organized approach to quoting the move. A real pro will insist on visiting your current location as well as your new location to conduct a detailed site survey. NEVER hire anyone who wants to quote moving your network over the phone. Additionally, look for an IT company that will apply the charges for conducting your site survey against the total cost of the move if you choose them.

Mistake #4 — Not Giving Your Phone, Internet And Cable Vendors Enough Advance Warning.

Eighty percent (80%) of unexpected communications blackouts and cost overruns on network moves are caused by failure to properly plan voice, data and electrical installation in advance. Just because the prior tenant had computers and telephones is no guarantee that the cabling is suitable for your phones and your computer network. Advance planning will help you avoid emergency rush fees or band aid fixes to make things work.

Internet and telephone connections require as much as six weeks advance notice to be installed, tested and ready the day you move in.

And if you are building a new office, don’t leave it up to the builder to decide how many power outlets, network and phone connections you will need. Remember, changes and additions after the walls are up are at your expense. With printers, scanners, faxes, and other technologies connecting directly to the network these days, the rule of thumb of one electrical outlet, one phone and one network connection per employee is woefully outdated. Consult your IT provider in the early planning stages to ensure you have what you need before the drywall goes up.

Mistake #5 — Poor Communication With Vendors And Employees Prior To, And During The Move.

Failure to communicate changes before and during the move results in confusion, downtime and increased expense. Remember, your computers and phones will be unavailable for a period of time before, during and immediately after the move. A little planning can minimize the impact on your business.

Give your employees, customers, and vendors the anticipated downtime schedule.
Make a cell phone list of important phone numbers (like tech support contacts, the phone company, cable company, etc.) and give it to your employees. You may also want to provide vendors and customers with a list of employee cell phone numbers to use during the communication blackout that will take place during the move.
Confirm, confirm, confirm! Call your vendors several times to make sure they have the move on their schedule and planned; don’t assume anything!
Ask your IT provider to temporarily reroute important e-mail and phones to another location during the move, or set up a web portal to enable you to access e-mail from a laptop or home computer so you’re not completely disconnected.

StarPoint caters to the small and mid-sized law firm to maximize their technology investments. Find out more at www.starpointit.com.

A Bank Is More Than Just Checking and Trust Accounts: Let Your Bank Work for You

2010-08-09T18:43:00.000-07:00

By Sharyn R. Kohara
Vice President & Preferred Banking Advisor, City National Bank
Member of SoCalPROS OC Chapter

As legal administrators work to increase office productivity and efficiency by applying the “squeeze” to nearly every aspect of managing their firms – wringing every drop of extra cost where possible and streamlining processes like hiring and interoffice communication – a key area typically goes untouched:

Banking.

New advancements like online banking certainly catch on fast, but generally speaking law firms are missing out on a wealth of benefits simply because they don’t fully take advantage of a resource that’s already there.

A productive banking relationship can help firms save money, increase cash management efficiency, decrease concerns over potential fraud losses and gain referrals, for starters.

Here are a few tips on making your banking relationship work for you.

Choose Your Bank Wisely

Not all banks are created equal, so it pays to do your research. Look for:

A bank that assigns your firm a specific relationship manager – an experienced professional who will serve as your primary point of contact and help you understand and utilize the full range of the bank’s resources.
A bank that understands that the business matters of the firm are closely intertwined with those of its partners; has the experience, expertise and capabilities to create the right financial solutions for both.
A bank that is committed to serving law firms and the legal community. Some banks specialize in law firms and dedicate significant resources to understanding the specific issues that law firms face. Your banking needs are different than those of other companies – your bank should understand that and provide services to meet those unique needs.
A bank that offers advanced fraud prevention systems designed to reduce the occurrence of check and wire transfer fraud, coupled with training programs that help you incorporate pre-employment screening and other internal fraud-prevention techniques.

Work With Your Bank Efficiently

Once you’ve selected a bank that meets these requirements, make the effort to cultivate this new relationship. This is the key to turning a basic banking coexistence into a flourishing relationship that will save you time, money and operational headaches in the long run.

Keep your relationship manager informed about the key achievements of your firm and its partners (for example, when someone makes partner or when you have plans for an office expansion). An easy way to do this is by putting your relationship manager on the mailing list for all newsletters, news releases and any other external communication – and any internal communications that are appropriate.
Help your bank understand your day-to-day operations, so it can know where to jump in with specialized cash management products and other services that increase operational efficiency. Banks usually provide more than just checking and trust accounts. Take advantage of other offerings like online cash management, day-to-day real-time viewing of cash operations, lending for working capital or capital improvement needs, partner buy-in loans and much more.
Get to know your bank and the banker who manages your relationship. Your bank can serve as a trusted advisor – but only if you allow your relationship manager to get to know you and your firm.
Prevent fraud by working closely with your bank. Participate in training programs offered by your bank that address how to screen potential employees, increase data and information system security and more.
Don’t forget that your bank is a source of potential referrals. The clients of a bank’s trust area, in particular, often need estate attorneys. If you’ve already cultivated an ongoing relationship, most bank relationship managers will gladly refer their clients to your firm. Banks also have their own legal needs.

In short, take advantage of the full benefits and resources available through a good relationship bank. Some banks are willing and able to be flexible in how they meet your needs. Some are able to serve the firm, as well as its partners, associates and staff with a full range of business and personal banking capabilities. Find a bank like this and get to know it – and let it get to know you.
_______________________________________________

Sharyn Kohara is a Preferred Banking Advisor with City National Bank’s Orange County Airport Office in Irvine. She can be reached at 949.223.4097 or sharyn.kohara@cnb.com.

Smart IT Decisions in Tough Economic Times

2010-03-30T15:38:00.000-07:00

Doug Hafford – V.P. Consulting Services for Afinety, Inc.
Afinety is a Member of the Los Angeles and Orange County Chapters of CAPROS.

There is perhaps no person in the local or national community who has not felt the economic crunch. The state of the market place is impacting Law Firms in diverse ways, but with few exceptions, most are looking to do more with less. One of the first areas affected is always the computer systems. With computers such an important part of our business day, the stress of keeping older equipment alive, combined with the ever increasing needs in a competitive marketplace has put unusual strains on IT staff and providers. It is thus more important than ever to make smart IT decisions both for firms that see significant new activity and for those whose clients are cutting back. With that in mind, nearly all firms have the following goals in mind.

Save money and time - upfront and ongoing
Stretch the current investment
Get more value - Longevity, work product, storage, disaster recovery and environmental friendliness

What most firms do in a situation like this is to focus on tangibles such as hardware and software purchases. The result is the “keep it until it dies” syndrome, which is a dangerous one at best. Firms are cutting IT staff, cutting expenditures on hardware, software, and in general are seeking to reduce their IT budget. Unfortunately, these steps are not always the right ones and often lead to increased costs and sometimes catastrophic failures.

The first step to making smart IT decisions is to look at the big picture. Start by looking at your budget going forward for each area that IT reaches. Begin with a list of these areas and break them down into monthly costs. These might include the following areas:

IT staff
IT consulting
Project costs
Hardware (including printers)
Software
Maintenance on above
Renewals
Web Services
Internet Connectivity
Wide Area connectivity
Managed Services

Your firm may have more or fewer categories, including phone systems and maintenance so be sure to add them all to the list. Once you have your list you can plug in the numbers corresponding to each and have a rough budget to work from. Your firm may have goals for reductions, or may be looking for a percentage change, but in any case, you now have a good place to start looking for savings.

The next step is to prioritize and locate the areas of your biggest costs. What most people forget is the opportunity side, which can be stated simply: If your computer or computers are down, then your firm is losing money fast and this is the number one cost you can encounter. Thus at the top of our priority list is “Reliable Computer System”. The second highest cost is when users are routinely impacted by IT issues during their work day. This may not be a full failure, but could simply be slow performance which is not only frustrating but time consuming as well. If you look at the cost of one staff member losing 10% of their work day, you can see how costly this can be. Consider a billable attorney and the cost is even higher. So as we look at cost cutting, “User Productivity” must also be considered. Both of these are under constant attack from security threats on the Internet. Every day brings new security challenges any of which can impact our top two priorities so security is of paramount importance. Security does not have to be expensive and in fact many firms CAN save money in this area, but ignoring it can be extremely costly and not just in IT staff time or consultants, but most importantly in work stoppage.

When budgets are being stretched the first step most firms make is to cut back on the purchase of new equipment. The result of this decision is more fixing and in some cases a lot more fixing. A computer is like a juggler. The day you buy a new computer, and load your business software the juggler has a small number of balls in the air, each is the same size and our juggler is easily able to handle the load. As time goes by, entertainment software, utilities, emoticons, patches and updates come into play. Before long the juggler has twice as many balls in the air and is struggling to keep them all moving and responding in reasonable times. Statistically, as year three passes, the juggler has large numbers of items in the air, including Anvils, beach balls, feathers and explosives. So what firm’s do now is to have someone re-image the computer, returning the juggler to his original and simpler position. This can take hours of time to get right and if it is not right, the time is wasted. Considering the cost of IT staff and / or outside consultants, you can see how fast this equation stops holding water. Generally it is a good decision -after 3 years - to simply replace because the cost of a new computer is easily outweighed by the other factors in the picture above.

As you can see above IT expenditures start to rise as things age, but there is another equally important pressure on firms today. The requirements on capacity have grown so rapidly that even small firms now need large amounts of storage. When network storage is at capacity it causes slow downs and pressure is put on the crucial components of the system. There are two main culprits in this area with the primary being e-mail. The amount of E-mail is exploding and every company has at least one or more users who “never delete anything”. These users often have extraordinarily large e-mail boxes that are simply beyond the capacity of the system to reasonable handle. This means they experience issues more frequently than others, complain about speed and in general find that e-mail has less use, rather than more. While I am sure some scientist somewhere is working on a vaccine for this malady, these users are simply not going to be cured. They can however be helped. A good offsite e-mail archiving product like Google Mail Security (formerly Postini) is a great way to give them unlimited storage, vastly improved search capabilities and better performance all while reducing the size of their mailbox.

When you combine the pressures above, what you get is the beginning of a patchwork network. Drives are being added, old computers stretched when they should be replaced, printers begin breaking more frequently and the workday is full of constant IT background noise. Thus we face a creeping impact on user productivity, which impacts firm revenues while at the same time IT expenditures on staff and outside assistance are on the rise. Ultimately costs are moving up when the firm most needs them down and none of the goals are met.

There is hope however if the firm is willing to look at the big picture. IT budgets can often be reduced by 30% - 50% just by making smart IT decisions. As you will see, when these decisions are made a valuable side effect happens where users are more productive and attorneys can bill more time! Here are some tangible things you can do now, to keep your costs low and productivity high. Ultimately IT staff needs and IT consulting is then reduced or eliminated resulting in significant cost savings in the one area where you can truly have an impact.

Standardize! Any computer expert will tell you that if all of your computers are identical, maintenance is dramatically simplified. You can do one thing to all computers, rather than doing that same thing 20 different ways. When you go back to our juggler, if we keep his load light and even, he will juggle beautifully so making everything consistent has immediate and positive impact. Imagine cutting your outside IT bills in half or even less. Doing this does not mean replacing everything, but rather a systematic clean up of existing equipment with particular attention to the software suite so that all machine loads are close to identical, and all software is consistent across all systems.

Replace rather than fix old desktops. When a desktop has reached the end of its lifetime don’t pour more money into it with upgrades and labor. Get a new one. There has never been a better time to buy any sort of commodity and computers are at an all time price to performance ratio right now. If you take the step above, then this is a natural part of the standardization and the result is again far lower IT costs overall.

Security! We recommend a layered security approach. This keeps cost down by its ability to spread cost among items you already need, while at the same time offering multiple levels at which Malware can be stopped before it enters your system.

Quality Servers with Extended Warranties. Obviously a good quality server is a must. But even the finest servers in the world can have problems. We recommend 24x7 – 4 hour server warranty extensions. This is a simple concept and may not ever be used by your firm, but when they are needed, you get back up and running fast and factory direct. Once your server is more than three years old, most major manufacturers offer one year extensions. If you are stretching your dollars, add the warranty. It is worth every penny since it solves the main priority established above: No Downtime!

Keep Software Upgrades to a Minimum. As stated above a standardized system offers a far lower cost of operation. The key components in this equation are the software applications and keeping them more or less static during your system’s lifetime goes a long way toward keeping costs down. The lifetime of a computer system is generally 3 – 5 years. Thus, when the system has reached its lifetime and a refreshed system is being built, including software upgrades is easy. This also allows the firm to consolidate training; again reducing cost.

Reduce the Strain. Keeping your storage needs under control is a big part of cost control. Think about low cost e-mail archiving, moving older data off your system to an archive and cutting down on the amount of redundant data that’s stored by your firm. This can often be easily accomplished and the resulting cost reductions are significant.

Run a Tight Budget. The most important part of gathering the “big picture” is to create a plan around where your firm is going. If you do this and budget over your computer system’s lifetime you will almost instantly see the areas where savings can be achieved and have the biggest impact. Create a budget around your solution and once you have that, stay on plan. Knowing when expenditures will occur allows the firm to plan its overall financial strategy instead of facing a constant string of interruptions, unexpected costs and chaos.

All of these suggestions are centered on one thing. Cost savings. If your computer system costs less to operate the firm will have a better chance in today’s stressful economy and the overall stress level of the Partners, Attorneys and Staff will be reduced. Ultimately all of these things can make you a hero at your firm when it is needed most.

Electronic Transcript Management: It’s A Reality

2010-03-30T15:32:00.000-07:00

Jeff Koller, General Counsel and Business Development Administrator, Hutchings Court Reporters, LLC
Hutchings Court Reporters is a Member of the Los Angeles, Orange County, and San Diego Chapters of CAPROS.

Have you had it with time-intensive paper-driven protocols to access, search, store, replicate and retrieve the information contained in deposition transcripts and exhibits? Have you tired of too many lost of misplaced sticky notes and sessions at the copy machine?

With today’s technology, there are better options for utilizing evidence and case materials produced through the deposition process.

It is relatively safe to assume that court reporters handle more than seventy-five percent of the evidence in a case in the form of testimony and exhibits. Many reporting agencies now have the technology to capture this information digitally and provide it to you in a manner that allows both efficient organization and easy utilization of this critical data.

Following are descriptions of two of the major service tools available, that facilitate transcript and exhibit management: E-Transcript, which is an electronic version of the transcript that is emailed to you; and the transcript “bundle” which links E-Transcript with digitally imaged exhibits from the proceeding.

E-Transcript

E-Transcript is a transcript delivery method utilizing a free downloadable viewer (http://www.reallegal.com/softwareDownloadETranscriptViewer.asp) in conjunction with an electronic version of the transcript. It is similar to utilizing Adobe’s Acrobat viewer software. It bears mentioning that you do not need to purchase software to utilize and receive an E-Transcript file of the deposition, nor is this service exclusive to any one court-reporting agency. However, the viewer must be downloaded onto every computer (PC or laptop) where the E-Transcript is to be viewed.

E-Transcript allows you to:

Search the entire transcript for single word occurrences and location—electronically
Print in both condensed and full-size format (single or multiple pages), as well as in a PDF file format
Copy testimony and the related deponent cite directly into your document
Save to your computer system’s case file for future reference and retrieval
Save the E-Transcript file in an alternative file format to accommodate a variety of litigation software programs such as LiveNote, Sanction, TrialDirector, and Summation
Email portions of, or the entire transcript, to others as opposed to copying then mailing or faxing

It is also important to know that the page/line continuity of the E-Transcript mirrors the final certified paper version.

Transcript Bundling

Bundling is a service where a CD containing both the electronic transcript (typically an E-Transcript), and the related scanned exhibits is produced by the court-reporting agency. This does not replace the paper version of the transcript, but allows you the means to completely replicate both the transcript and exhibits from the CD from your computer instead of standing at a copier making page-by-page duplicates.

Bundled exhibits can be hyperlinked to the transcript exhibit index, as well as within the body of the testimony itself. As with E-Transcript, you do not need to purchase any software. In addition to the above E-Transcript tools, you’ve now expanded your arsenal of capabilities to include:

Complete electronic portability and ongoing accessibility of the entire contents of the transcript and exhibits
View and print the transcript and exhibits from a single source
Electronically search the transcript documents if OCR (optical character recognition) was requested
Replicate the CD, or portions thereof, for distribution to your co-counsel, or a retained expert
Save the scanned exhibits to your case file for quick retrieval and replication

Jeff Koller, General Counsel and Business Development Administrator, Hutchings Court Reporters, LLC Contact: jeffk@hutchings.com.

Portable X-Ray: A Legal Malpractice Claim Case Study

2010-03-30T15:28:00.000-07:00

Case Study by Narver Insurance
Narver Insurance is a Member of the Los Angeles and Orange County Chapters of CAPROS

Loss prevention involves identifying and anticipating risks in the practice of law. Studying claims that have actually happened can help you more readily spot risks and identify opportunities to use loss prevention and decrease exposure to claims in your own firm. The case you are about to study is taken directly from a real claim situation. It is not a composite case nor has it been embellished; it is simply a real-life situation that involves a law firm. Fictitious names and locations have been used to maintain confidentiality.

Cast of Characters:

Marshall & Marshall, defendant ,William Marshall, Esq., Brian Marshall, Esq., Mark Belier, Esq., Paralegal, Portable X-Ray, Inc., plaintiff F Former client of Marshall & Marshall

Background:

In 1968, with one x-ray machine and a beat up old Volkswagen, Bob Floffman started his portable x-ray business. By 1997, Bob had more than 200 sophisticated field-service vehicles, over 400 employees and five separate facilities, located from San Diego to Seattle, providing highly sophisticated medical diagnostic services, with the ability to electronically transmit test results from the field to qualified physicians located far away who could instantaneously read and evaluate the data for immediate evaluation of the patients’ condition.

Bob had known attorney William Marshall, Esq. since college in the early 1960s, and William had been Bob’s lawyer from the day he started his business. William advised Bob personally on all legal matters including his business organization, estate planning, trust creation, and tax planning. William helped Bob form his corporation, Bob’s Portable X-Ray, Inc. and, over the years, provided legal counsel to the corporation and all of its business transactions. Because of their close relationship, there never had been any form of written contract between Bob and William, nor between Bob’s Portable X-Ray, Inc. and Marshall & Marshall. William, and his firm, Marshall & Marshall, would send monthly invoices to Bob, and Bob would regularly pay them.

Sale of business:

In 1997, Bob was approached by Dr. C. S. Brown about acquiring Bob’s business. Seeing an opportunity to cash out on years of hard work, Bob turned to William and his law firm, Marshall & Marshall, to help him negotiate and effectuate the sale. The sale culminated in May 1998. Payment for the business was to be made in three separate installments: $2,000,000 at the time of sale; $1,000,000 a year later; and another $1,000,000 two years after the date of sale. Payment of the second and third payments, however, were not required if Medicare were to disallow ‘‘facility billing.’’

The portable medical care industry utilized two forms of billing through Medicare. The first was “direct billing,” whereby Medicare would be billed directly for services provided to each person tested. The second was “facility billing,” whereby the facility in which the tested person was a patient or resident was billed. The facility, in turn, would bill Medicare for services invoiced to it. Although facility billing was not illegal, the industry realized much higher revenue through the use of “facility billing,” as providers generally would be paid the full amount of their invoice. When Medicare was billed directly, however, Medicare unilaterally would discount the amount invoiced by a substantial amount. Accordingly, the entire portable medical testing industry, including Dr. Brown, was concerned that Medicare someday might disallow “facility billing” entirely. Accordingly, Bob agreed to sell his business with the understanding that, if Medicare were to disallow ‘facility billing” at any time during the two years after the sale, then he would not be paid the second and third $1,000,000 payments.

As it turned out, Medicare did not prohibit or otherwise disallow or restrict “facility billing” during the two years after the sale. Consequently, Bob fully expected to be paid. However, the buyer refused to make the second and third payments relying upon vague and ambiguous language in the sale agreement. Prior to the time set for the second and third payments, Dr. Brown unilaterally changed the acquired company’s billing practices by completely abandoning “facility billing” and doing direct billing exclusively. Although less revenue resulted, the lost revenue was significantly less than the amount of the second and third payments to Bob, Dr. Brown thereupon refused to make the second and third payments.

Litigation regarding the second and third payment:

Not receiving the second and third payment, Bob turned to his trusted attorney William for advice and legal counsel. Based upon William’s personal knowledge that the sale agreement did not reflect the intention of the parties, he hereupon recommended that Bob sue Dr. Brown. Because the parties to the acquisition agreement included Rob in his individual capacity (employment agreement) and his trust (holder of the shares in Bob’s Portable X-Ray. Inc.), and finally Bob’s Portable X-Ray, Inc., all three were named Plaintiffs in the subsequent suit.

Although William remained intimately involved with the progress of this litigation, it soon became apparent to Bob that William’s son, Brian Marshall, Esq., was acting as the lead counsel on the case. Bob subsequently voiced concern about Brian’s lack of experience. In response, William assured him that his son, Brian, was a capable, though inexperienced, litigator; but William also directed Bob to the firm’s letterhead which reflected the firm’s “of counsel” relationship with well known attorney Mark Belier, Esq. “After all,” William assured Bob, “it’s the firm you’re hiring — not any one particular lawyer in the firm.” Believing that Mr. Belier would be there to oversee Brian’s work, Bob said no more on the subject.

During discovery, William’s deposition testimony was that the parties knowingly agreed to keep the language regarding “facility billing” vague and ambiguous, so not to red flag the difference between direct and facilities billing to Medicare. Furthermore, William’s notes and correspondence leading to the execution of the acquisition agreement provided overwhelming evidence supporting Plaintiffs’ contention that, at Dr. Brown’s request, the language was deliberately vague and ambiguous.

Only weeks before the trial date, and while he was pursuing ex parte motions to extend the trial and discovery cut-off dates in light of uncompleted discovery. Brian stipulated to binding arbitration before an independent arbitrator. Within this stipulation, Brian agreed to evidentiary limitations designed “to expedite the arbitration process”. Included in this stipulation was Brian’s agreement to waive direct testimony of witnesses and to admit only the declarations of Dr. Brown and Dr. Brown’s counsel.

During discovery, Brian delegated the preparation of responses to Form Interrogatories to a paralegal. Because the response deadline was approaching, and before responses were prepared, the paralegal sent a Verification form for Bob to sign. Bob regularly signed any and all documents given to turn by his attorneys, explaining that he had no idea what all “that legal mumbo jumbo” meant. Ultimately, the response to Form Interrogatory 50.6. which was sent to the opposition, along with Bob’s signed Verification, was that the acquisition agreement was not ambiguous.

At arbitration, Brian did not call William as a witness nor did he attempt to introduce his declaration. Although Brian orally argued that the language at issue was “obtuse” and “vague,” the arbitrator completely ignored any parol evidence being introduced by Brian on the sole ground that “pursuant to his response to Form Interrogatory 50.6, Plaintiff does not contend it is ambiguous.” Furthermore, Brian was unable to impeach the testimony of Dr. Brown and the counsel who had represented Dr. Brown during the negotiation for sale of Bob’s business, as Brian had stipulated that they need not appear at the arbitration. Pursuant to stipulation, the arbitrator accepted the declarations of Dr. Brown and his counsel. Consequently, Plaintiff was left with no basis to proffer testimony or evidence of any intent that existed outside the four-corners of the written contract. In summary, the arbitrator ruled against Bob and in favor of Dr. Brown.

Bob is an unhappy client:

Bob received only $2,000,000, when he believed he was entitled to $4,000,000. Bob paid Marshall & Marshall more than $230,000 for negotiation and preparation of sale agreements, as well as for subsequent litigation. Additionally, Bob was surprised to learn after the arbitrator had ruled against him, that a judgment was being entered against him for Dr. Brown’s costs and attorney’s fees in the amount of $252,000. While at a subsequent golf outing, after bad-mouthing attorneys in general with his new tale of woe, a friend urged Bob to seek out a legal malpractice attorney.

Doing More with Less through Flexible Staffing

2010-03-30T15:22:00.000-07:00

By Jennifer Evans, President of Davidson Staffing
Davidson Staffing is a Member of the Los Angeles, Orange County, San Diego, and San Francisco Chapters of CAPROS.

Originally published in the August 2009 edition of The Bottom Line, the official publication of the State Bar of California Law Practice Management and Technology Section.

As a staffing executive for more than two decades now, I've been through my fair share of recessions and economic downturns. Staffing agencies are in the unique position to be among the first to feel the beginning and the end of a recession. So what, from our perspective, is currently happening in the legal talent market?

Legal Employers are Reducing Full Time Hiring

I'm sure it comes as no surprise that we have seen a significant decrease in full-time hiring. In 2001, large law firms were relatively immune to the recession, but that has certainly not been the case this time around. This year has felt like Doomsday for the legal community. According to the ABA Journal, more than 10,000 lawyers and staff have been laid-off nationally in 2009. Our services span the State of California, and we saw the majority of our clients reduce headcount in the beginning of the year. The good news is that the death spiral has stopped, and we do anticipate a slow return to full-time hiring.

Large firms are looking at a variety of cost cutting measures - from offering four-day work weeks to voluntary leaves of absence, cutting back on "perks," reducing contributions to retirement plans, and re-evaluating their current benefit plans - all in an attempt to avoid any more layoffs and cutting deeper into their already diminished talent pool. They continue to be conservative in their hiring projections for 2009 with a large percentage of firms reporting that they are holding off on making any long-term hiring decisions for now.

Flexible Staffing is an Option to Consider

While the number of direct hire jobs has declined over the past year, there appears to be an increase in temporary/contract hiring. This may be an early indicator that the economy is recovering or a sign that large firms are facing a long-term decline in their needs for full-time attorneys. The reality is that no one really knows when things will return to "normal" (or whether this is the "new normal").

In this uncertain economic business climate, firms should strongly consider flexible staffing options. For example, contract attorneys can be brought in on a project-by-project basis, which allows firms time to evaluate their long-term needs and increase their billables in the short-term. Hiring temporary and/or contract attorneys can also help firms handle short-term changes in work flow or the availability of employees, such as those caused by layoffs, hiring freezes, or medical leaves of absence. Out of a necessity to do more with less, law firms that have never before considered hiring contract attorneys or paralegals, for instance, are discovering the value and cost-savings of this approach.

As law firm consultant Peter D. Zeughauser explained in his May 2007 article, "Does Your Law Firm Have What it Takes to Be Recession Resistant?" in The American Lawyer:

As recently as five years ago, white-shoe firms shunned temporary attorneys out of fear that they would reduce quality. Today they rely heavily on temporary and contract attorneys to meet short- and even midterm fluctuations in demand. This leads to a much more flexible, productive and profitable talent mix. Flex staffing is a proven business tool for dealing with economic cycles, and it will serve the legal industry well the next time the economy weakens. Firms that are already adept at it stand to benefit greatly when the economy slows.

Zeughauser refers to the use of contract employees as "talent mix," and it's a strategy that firms of all sizes should consider employing.

Potential Assignments for Temporary/Contract Lawyers

The first step in employing a flexible staffing strategy is to identify work that is suitable to be hired by contract, part-time, or temporary attorneys and paralegals. Traditionally, the quintessential example of such work was a large scale document review project. Likewise, many in-house law departments have hired paralegals on a contract basis. In today's environment, however, employers are using temporary and contract attorneys for an increasing variety of projects, including brief writing, court appearances, negotiating contracts and managing specific transactions. The range of potentially appropriate projects is large, so long as the work is discrete. Temporary and contract assignments work best when the project has a natural beginning or end.

Finding Temporary and Contract Attorneys

The second step to implementing a flexible hiring strategy is to reach out and identify suitable candidates. Technology has greatly expanded law firms' abilities to do this. Specifically, websites such as Craigslist and Monster.com are increasingly being used to hire temporary and contract employers. In addition, some bar associations manage temporary hiring services.

In addition, there are temporary staffing companies like ours. Without sounding too self-serving, the advantage of such agencies is that they maintain a large pre-qualified database of potential lawyers and paralegals. Thus, they are able to staff large projects quickly. For example, in one recent discovery dispute, we were able to identify ten attorneys in 48 hours for a large document dispute. Similarly, we were able to identify lawyers who spoke and read Japanese for another client. Click for additional case studies.

Prospects for the Future

There is one certainty: corporations and law firms of all sizes will continue to look at creative, cost-saving solutions to help them manage their businesses. The single largest expense for most law firms is the cost of personnel. Thus, whether you seek to hire your own temporary or contract lawyers and paralegals or use an outside agency, almost every one in the legal industry should consider employing a flexible hiring strategy.

Jennifer Evans is a veteran of Davidson Staffing who joined the company in 1991. She has two decades of experience in the staffing industry.