Articles

Knowledge – Who Owns It?

I had the pleasure of keynoting a recent conference sponsored by LexisNexis.  During a panel discussion among practitioners, technology consultant and myself, the topic of the cost of new technology was discussed. One of the suggestions I made was that the successful law firm of the future will use technology to create and enhance its effort at knowledge management. The firm that is able to retrieve its pre-existing knowledge and use it again will be more efficient, reduce its costs and therefore provide excellent results for clients at a lower price.

Then, the question arises: Who owns the knowledge, who owns the forms, the precedent knowledge? Does the client who paid for it own it? Does the law firm own it? Or does the lawyer who created it own it?  This becomes more important in an age of greater lateral movement.

Some clients have as a condition of engagement that they (the client) own the intellectual property … and that the law firm must share it with other law firms who handle the client’s affairs (e.g., product liability litigation) in other parts of the country.

Do you have a firm policy on this? What do you do concerning your intellectual property when a lawyer leaves your firm? Is your policy different when the lawyer is a partner as contrasted to when the lawyer is an associate?


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Edwards Air Force Base – What a place!

The last few days were spent in the peaceful environs of Tehachapi, CA with a group of Airstream trailer folks. While there, we visited Edwards Air Force Base. After seeing the new F-35, F-22 and old F-16, among other weapons of mass destruction, I walked away marveling at our ingenuity and our capacity for bending the laws of nature (to an extent) to our will. While there, we heard the breaking of the sound barrier from one of their tests. Ah, if we could only be so ingenious in finding ways for peace. One would think that we would get it right after more than 2000 years of trying.

 

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Surveys – The Good and Ugly

In a recent blog post, I commented that you should talk to your clients – do a survey of them to determine if they think you are meeting their expectations.

On a recent trip to Castle Inn, in Newport, Rhode Island, I was very impressed with their facilities. I was there for a conference. The weather was cool and clear and scenery exquisite. Castle Hill is on the point of a bay. Let your imagination flow. It was that pretty.

But, I digress. The day after departing, I received an email with a request to take a survey. Most often, I ignore these. But, this time, I did respond. I wanted to let them know that their food was superb; the chef had been accommodating to my request to prepare a vegan menu for me in addition to the exquisite quality of the food in general. But, I had been mildly upset by their absence of a workout facility on the premises.

No more than a day later, I received a follow up letter from their manager, thanking me for my response. This was not a form letter. This letter i) thanked me for my response; ii) said my compliments about their food would be conveyed to the chef, with their appreciation; and iii) explaining their rationale for not have a fitness room on premises.  My survey response had been read and a personal note in reply was crafted. That has never happened to me before.

In asking for survey responses, be sure you act. In some fashion, respond to the survey responders. Let them know what  you will do with their voluntary critiques, given at your request. There are 3 responses possible:  1) Thank you, we will consider and review your comments, and let you know what we intend to do;  2) Thank you, we disagree with your suggestion or we are unable to make the modification you suggest because of …..;  3)  Thank for pointing this out to us, we will make the change you suggest in the very near future.

People want to know what you will do with the response that you asked for. Theirs was not an unsolicited piece of advice. You have an obligation to continue the dialogue. Failure to do so will cause more enmity than if you had never asked questions.


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Winners from our April contest!

Thank you to everyone who participated in our April contest! I hope that you all have enjoyed my new book, Growing Your Law Practice in Tough Times. If you haven’t read it already – don’t worry! There’s still time to enjoy it and share your feedback here on the blog, on our Facebook page (www.facebook.com/LawBizManagement), on Twitter (www.twitter.com/LawBiz), and on the book’s page here.

 

I am pleased to announce the winners of last month’s contest.

 

 

First Place – Stephen Fairley of The Rainmaker Blog will win a Fujitsu ScanSnap S1300 Instant PDF Sheet-Fed Scanner, plus ½ hour coaching session with me.

 

 

Second Place – Daniela Romero of the Law Office of Daniela P. Romero in Pasadena, CA will receive ½ hour coaching session with me.

 

 

Third Place – Dan X. Nguyen of the Law Office of Dan X. Nguyen in Fountain Valley, CA will receive my set of 4 Special Reports (electronic versions).

 

Congratulations to all!

 

Growing Your Law Practice in Tough Times is available for sale at West’s webpage here. Keep reading LawBizBlog for more contests and opportunities to win LawBiz® prizes. 


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Service beyond

While in law school, the marketing mantra we learned was do good work and the world will beat a path to your door. This mantra is seductive because it suggests that you have to do only that which you love … legal work.

This philosophy suggests you don’t have to market your services, you don’t have to speak in public, you don’t have to write articles, and you don’t have to be concerned with clients’ wishes, even if their desires conflict with what you think they really need. In today’s world, irrespective of the past, that clearly is not the case.

In my earlier days, owning and operating manufacturing companies, my focus was to serve my customers. By doing so, I am proud to say that I earned not just their continuing business, I also earned their loyalty. That loyalty assured my companies’ continuity and growth.

As a lawyer, what are  you doing to earn the respect and loyalty of your clients? If you can’t answer quickly with specifics, you ought to go back to the drawing board. Better yet, you ought to ask your clients how they feel. In some circles, this is called a survey … However, I don’t mean the traditional survey … More on this in a later post.

Before I conclude here, though, I want to share an example of the type of service I’m talking about. Several weeks ago, during a trip Chicago, I shopped at Paul Stuart, a menswear store. (I’ve purchased clothes there before). This time, I bought an raincoat. The sleeves needed to be shortened. The first opportunity I had to wear the coat was in the wet and cool climate of New York two weeks later. To my surprise, the sleeves were cut too short.  I called Paul Stuart in Chicago. To their credit, their immediate response was to suggest I either go to their New York store or to a trusted tailor and then send them the bill.

I chose to go directly to the New York store; we were close by; we explained what had happened. They looked at the coat, agreed it was too short, and checked to see if it could be repaired. They said it could not be and offered to replace the coat with a new one. The sales manager, Mr. Barry Goldsmith, and his colleagues who assisted us were all very pleasant, professional and conciliatory — exactly what I would expect from a quality organization. While I expect this, I also know that it is rare to find in today’s business world.  I appreciated the attitude and actions of the Paul Stuart staff. This approach usually creates loyalty … and more business. And it did here.


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