In Search of Perfect Client Service

2009 is over.

"That which does not kill us makes us stronger."  Friedrich Nietzsche

The men and women of the legal profession are stronger today than they have been in quite some time. 

"I will survive."  Gloria Gaynor

So will we all.  2010 is here. Work hard. Life will be better.

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For most people and most businesses, the end of 2009 and the end of the "aught" decade could not come soon enough.  Well, rise and shine, 2010 is here.  Time for a positive, upbeat attitude.  (If you celebrated the end of the decade last night and "aren't quite yourself" this morning, you can start having your positive, upbeat attitude tomorrow.)  I wanted to start out the decade with some predictions.  They aren't worth much, but maybe but maybe one or two might spark a conversation.

1.  My partner Nicole Auerbach will have a breakout decade.  When you get to a certain age and a certain level of experience, you just know when someone has all the tools and that "inner something" that separates the truly exceptional from the merely good. I'm that old now, and I love the vantage point.  From intellect to presence to business savvy to an uncanny ability to read people, Nicole has all the tools and more. She's starting to believe in her extraordinary abilities to help clients and is instilling a level of confidence in clients that make them want to bring her their most difficult problems.

2.  My colleague Hank Turner (right) is going to establish himself as a powerhouse.  From a thousand-watt smile that lights up a room to a commanding presence that makes me envious to a brilliant and incisive mind, Hank has everything working for him.  Plus he gets "it."  He has a way with people and he understands that ours is a service business.  He gets "law 2.0" and recently posted his insights on protective orders on Legal On Ramp so that inhouse lawyers could benefit from some recent experiences and help ensure their interests are protected.  Hank has a sharp, inquiring mind and is relentless in his pursuit of excellence.  I love watching him develop and will continue to be inspired as he blossoms into something extraordinary.

3.  Alternative fee arrangements will become the standard, and if there are any new law school graduates hired from the classes of 2009 and beyond (it seems that no 2009 grad has started before 2010), they will know only non-hourly fees.  Susan Hackett and her ACC colleagues will celebrate the success of the ACC Value Challenge for an entire day before tackling the newest issues confronting in-house counsel.

4.  Lawyers will be required to learn the basics taught in business school and will begin offer business advice tempered by business savvy.

5.  Some law firm will open an office in Antarctica, and Gerry Riskin of Edge International will become the first law firm consultant to have clients on all seven continents, and also will become a lifetime ConciergeKey member.  In all seriousness, Gerry is a friend of mine and serves on Valorem's Advisory Board, but more importantly is one of the world's leading law firm consultants.  For law firms, the 90s and 2000s were, until 2008, times of relative ease.  The next decade will be tumultuous on many fronts, and the space between Gerry and the few other elite consultants and the rest of the pack will expand to a large, gulf.  Law firms that want to survive and thrive but know they need to change to do so will be lining up at Gerry's door.

6. Law 2.0 organizations like Legal On Ramp will become must-join organizations for any in-house lawyer hoping to be successful, and LOR CEO Paul Lippe will succeed in convincing all law firms representing business to contribute work product, pricing information and research that will make "content" available for free.  Check out this fantastic wikipedia entry on LOR.  Paul is a friend of mine and also on Valorem's Advisory Board, but he is a visionary and a force to be reckoned with.

7. Fred Bartlit will be trying cases in his 80s with the vigor of 40 year olds, and Bartlit Beck will continue to be one of the pre-eminent trial firms.

8.  The AmLaw 200 will become the AmLaw 150.

9.  Social media will expand its significance.

10.  The legal world in 2019 will not look much like it does in 2009.  The 2010s will be a rollercoaster for all of us.  I love rollercoasters, so I am looking forward to the next decade with tremendous anticipation and excitement.

Happy New Year everyone.

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Dennis Kennedy, the dean of law blogging, annually (since 2004) awards "Blawggies."  According to Dennis:

The Blawggies, which honor the best-related blogs as determined from my personal and highly-opinionated perspective, were first unleashed on an unsuspecting blogosphere in December 2004 and are now an annual pre-Christmas tradition here at DennisKennedy.Blog. I’m very pleased that this sixth edition of the awards makes them the longest running annual awards list for law-related blogs selected by a lawyer named Dennis Kennedy living in St. Louis, Missouri.

The Blawggies are not based on any popular votes, surveys or, God forbid, objective criteria. They are highly-opinionated choices made by me alone, based on my experience, expertise and likes and dislikes gained from nearly seven years of blogging and several more years before that of reading blogs voraciously.

In Search of Perfect Client Service was named the co-winner of "The Marty Schwimmer Best Practice-Specific Legal Blog,  along with Steve Nipper's The Invent Blog.

I would like to thank the Academy ....  Oh wait--wrong speech. 

Thanks Dennis.  Coming from you, simply being mentioned is an honor.

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My dear departed father served in the United States Coast Guard during WWII, so this request is one I happily accomodate. 

Scott Greenfield, who writes the brilliant Simple Justice, asked (via Twitter) bloggers to blog about programs that use wreaths to honor those who died in the service to their country.  I thought for a few minutes about what to write, when I realized I could not improve on Scott's post.  Here is is, in its entirety:

As Christmas nears, wreaths of fragrant evergreens appear on doors, buildings, the grills of pick-up trucks. And for those whose lives were lost in the service of their country, wreaths are placed on their graves across the nation on December 12th in a program called Wreaths Across America. It's a fitting honor to those who have given their lives for us, and a comfort to their families to know that they are not forgotten.

To the parents who grew old without a child, to the children who grew up without a parent, to everyone who lost a loved one or friend, the thoughts of their loss wasn't limited to one day a year. In a season of joy, it's only fitting that we remember as well. By placing a wreath on the graves of our war dead, we show that we honor their sacrifice.

However, there remained a glaring gap. Many of our war dead were lost to the sea, and there are no graves upon which to place wreaths.

A Coast Guard Auxiliarist and World War II veteran recognized this gap, and has begun a program to remember those men and women lost to the sea. The program, called Wreaths Over The Water, was begun at the Lake Worth Inlet Coast Guard Station in Florida. On December 12th, a ceremony was held to honor those without graves. A wreath was placed on the tide for each service, Army, Navy, Marines, Air Force, Civil Air Patrol, Coast Guard and Merchant Marine, each saluted as the wreath floated out to sea. Then one more wreath was laid upon the tide for those Missing in Action and Prisoners of War.

The politics of war bears no connection to the sacrifice of these men and women, or the loss of their families and friends. Having given their lives, the least we can do is remember them, offer comfort to their families and honor their sacrifice.

The hope is that this is the birth of a tradition that will find its way into the hearts and minds of Americans across the nation. This December 12th, there was but one ceremony held in Florida. Next year, let this ceremony be repeated across the nation. Those whose bodies were lost to the water are no less deserving of our thoughts.

Thank you to those lost to the sea.

Thank you Scott.

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I woke up this morning thinking how very lucky I am.  Valorem is almost two years old, and my worst day in those two years is still significantly better than my best day in the previous 25 years, at least from the standpoint of practicing law.  So I want to take a moment to thank the people who have brought such joy into my life.  From left to right, Mark Sayre, (then skip me), Lisa Castle, Hugh Totten, Shannon Bartlett, Reeghan Raffals, Hank Turner, Nicole Auerbach and Stuart Chanen.  Mark, Hugh and Nicole are the ones who started with me on this intrepid adventure, and I owe them special thanks. But as to the whole of our number, I have never had the pleasure of working with better lawyers or finer people, and I am forever grateful that you are sharing this journey with me.  Not pictured in this group are the people who make our lives immeasurably better and do such fantastic work for our clients--Doreen, Lori, Sarah, Sharon, Cherise, Ben and Cassie. 

I have much to be thankful for today.  Everyday.  I hope all that see this have something in their lives they can be thankful for this day too.

Happy Thanksgiving.

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Over 1,300,000 American soldiers have died in battle.   Countless others have served in uniform.  Honor them.  Thank them.

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Sorry.  But I received this email from a friend and laughed so hard I had to share it:

I don't think I've ever heard the concept explained any better than this .

'Well you see, Norm, it's like this . . . A herd of buffalo can only move as fast as the slowest buffalo.. And when the herd is hunted, it is the slowest and weakest ones at the back that are killed first. This natural selection is good for the herd as a whole, because the general speed and health of the whole group keeps improving by the regular killing of the weakest members. In much the same way, the human brain can only operate as fast as the slowest brain cells. Now, as we know, excessive intake of alcohol kills brain cells. But naturally, it attacks the slowest and weakest brain cells first.    In this way, regular consumption of beer eliminates the weaker brain cells, making the brain a faster and more efficient machine. And that, Norm, is why you always feel smarter after a few beers.

 

Thanks to Don Warren of Warren Benson Law in San Diego.

 

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My partner, Nicole Auerbach, has finally agreed to be a regular guest blogger on In Search of Perfect Client Service.  If you like some of the material I post, I guarantee you will love Nicole's offerings.  She is much smarter than I am, funnier and definitely a better writer.  She is one of a handful of people that I look to for insight and inspiration.

As I have written before, she is Valorem's soul.  Look for her posts soon!

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Like a proud parent, I feel an irresistable urge to share some "Valorem highlights" from our first year.  I'll save you the case highlights--can you imagine a fun post on lawsuits? 

We just got a letter from a management consultant in New York.  His salutation was "Dear Cool Law Firm."  For us, that ranks up there with the Australian Law Professor (Melbourne University Law School) who used our model on his final exam in his post-graduate course, Managing Clients.  

The "Dear Cool Law Firm" guy also sent us a copy of the now-ubiquitous and famous Evan Chelser article from Forbes, noting "though Chesler isn't exactly Martin Luther, and his comments are not quite the 95 Theses, the fact that Cravath's flacks would allow him to write and publish such an article seems almost revolutionary by itself."  We like his irreverance, but I did point out in my response to the author that  (a) Evan Chesler is the Managing Partner of Cravath and hence doesn't have to deal with "flacks" and (b) it is damn revolutionary when the Managing Partner of Cravath says the billable hour is "nuts."  That word catapulted World War II General Tony McAuliffe to historical fame and notoriety.  Perhaps it will do the same for Mr. Chesler.  But I digress.

Given that I am such an NPR fan, it was very cool to be interviewed by NPR.  It was less cool to be left on the editing room floor, but back to very cool when the story ran with my partner Nicole Auerbach featured.  Within minutes of the program airing, Nicole had received an email from a new fan at Indiana University School of Law.  The story is destined to be remembered as "The Billable Hour as a Driveway Moment" based on a post by the Wired GC.

It was very cool to be featured as a case study on RainToday.com.  We were honored when our website won an award from the Web Marketing Association.  And we've been amused by many comments made about our "cool disclaimer," including Leo Bottary's confession that he "laughed out loud" and the author of the blog forethought who wrote that he "enjoyed reading it and forwarded it to a friend."  But my favorite was this one calling it the "most awesome legal disclaimer ever."

There's so much more, but as I do when I start talking about my kids, I've gone on much too long and much longer than I intended.  Please forgive a proud founder.

We had a great first year.  I had a great first year.  And for that, I am forever indebted to my partners, who allow me the privilege of working with brilliant lawyers while having fun every day.

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The 16th Annual Marketing Partner Forum is being held on January 28-30, 2009 at the St. Regis Monarch Beach Resort and Spa in Dana Point, CA.  The theme of this year's conference is "Lighting the Way: Strategies For Influencing Change.  In the current environment where change is as necessary as breathing, its hard to imagine a more timely topic.  Few firms can afford to miss the opportunity to critically evaluate their marketing efforts, that the MPF provides a great opportunity to measure your firm against the best.

Two personal notes.  My partner, Nicole Auerbach, is a panelist on the Affinity Groups and Diversity Initiatives Workshop panel.  Nicole is not to be missed.

My other comment is that I have attended more of the 15 prior forums than I care to admit.  I know this for certain: it is impossible to attend one of these forums and not leave with a couple of really good ideas.  In my experience, the ideas are always well worth the investment.

Here's a link to the program agenda and the registration.  Hope to see you there.

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Here is the Christmas prayer said for those who have paid the ultimate price in our defense:

Rest easy, sleep well my brothers.

Know the line has held, your job is done.

Rest easy, sleep well.

Others have taken up where you fell, the line has held.

Peace, peace, and farewell...

Every year, 5,000 wreathes are laid against the headstones of soldiers buried at Arlington National Cemetery.  The wreathes are donated by the Worcester Wreath Co. of Harrington, Maine.  The wreathes and the cost to transport them are donated by Merrill Worcester, who owns the wreath company. 

This is but one of many stories that appear at Christmas time that remind us that the true measure of Christmas is what we give, not what we get. 

Tonight, I'll be at the home of neighbors whose son is spending his Christmas in Iraq.  Regardless of one's views of the military conflicts our nation fights, it remains true that most men and women in the military are kids doing what they think is right.  And regardless of rank, those serving have families who miss them terribly, maybe a bit more now than other days.  Remember them--those serving and those who miss them--in your prayers tonight.

Merry Christmas to all.

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I like this guy and I never met him.  Tom Asacker describes himself as "author, renowned speaker, provocateur."  Tom Peters describes him as a "marketing guru."    He just wrote an article that contains 9 predictions for 2009.  Here's a taste:

#1 The Earth will complete its 584 million mile, 67,000 mph trip around the Sun without incident. I know, that’s a pretty lame kick-off prediction. But think about those numbers for a minute. We’re all outgrowths of a living mass that is rocketing through space around an enormous ball of fire. Does that make any sense to you?  Me either. So stop trying to figure it all out. Stop trying to protect yourself from an unknowable future and instead be a connected and passionate part of the here and now now. “What is important in life is life, and not the result of life.”⎯ Johann Wolfgang von Goethe

Anyone who can quote Goethe in a prediction for 2009 deserves a tip of the hat.  But then again, there's wisdom in the words, and both wisdom and some humor in the article.

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My friend Paul Lippe at Legal On Ramp brought an important survey for in-house counsel to my attention, and I thought it prudent to post the information.  (Here's the link.)  The survey is the effort of my friends at American Lawyer and fellow blogger (and friend) Rees Morrison.  Here's the introduction to the survey from Aric Press at American Lawyer:

Friends,

We write to ask for a little help on a research project that we think will interest you. Bur first, who are we, then why are we bothering you. Rees
Morrison is a leading consultant to legal departments; Aric Press is the editor in chief of The American Lawyer.

For months we¹ve heard a great deal of conversation about the prospect of change in law firms, in-house departments, and in their relationships. For
all the enthusiasm and dire warnings, it has been difficult to separate the noise from the action. To help move the discussion along‹and to try to learn something, we¹ve composed a brief survey. We are inviting participants from Legal On Ramp to respond.  

Our plan is to report on the results in a variety of venues including The American Lawyer and Law.com. We will hold individual answers in confidence.

Please take a few minutes to review and complete the questionnaire. We plan to close the survey on September 25.

We want to start with some baseline information about your legal department, and then ask you where you expect to see major changes between now and 2013.

Thanks very much for your help.

If you have questions please contact us at:
Aric.Press@incisivemedia.com and Rees@Reesmorrison.com
--
Aric Press
Editor in Chief
The American Lawyer
120 Broadway
Fifth Floor
New York, NY 10271

Anyone can see the survey questions on the link   (but can't answer unless you're inhouse), but here's the one that should get a few law firms' attention:

In general, how do your law firms compare in quality, value and service to the quality, value and service your company delivers to your customers?

Here's the one I am looking forward to seeing the responses to:

We will increasingly choose non-AmLaw 200 firms (i.e. local or regional small to medium size law firms, including "new model" firms) for general commercial and/or routine work (including most litigation matters).

If you work as an inhouse lawyer, please take just a few minutes to complete the survey.  I'm sure I'll be writing about the results!

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Valorem's website is now live.  I really haven't had to put together a website before--it is a lot harder than I imagined.  Anyway, we are trying to be clear about our message and communicate a bit more personality than the ordinary law firm website.  I'm too close to the thing to know if we achieved our objectives.  I would certainly welcome any feedback anyone has to offer.

We were guided in large measure by Sonny Cohen and Jeff Kenny at Duo Consulting.  Duo provided a lot of really constructive input in very positive and upbeat ways.  Needless to say, a lot of the site's good qualities are attributable to Duo.  The shortcomings belong to me.

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Well, we  just finished our first full week.  Its already been a wild ride.

I don't intend to have ISOPCS become a diary reporting on the events of Valorem Law Group, but VLG is, in many respects a Client Service laboratory where we are seeking to push the client service envelope.  But I wanted to use this space to acknowledge the many emails and calls we have received wishing us well and applauding our experiment.  We already received extensive coverage in the print  media and online.  For an example of the former, check out this story from the Chicago Daily Law Bulletin.  For an example of the latter, check on this story in the National Law Journal (web only; subscription required). 

We are deeply appreciative the good wishes and favorable comments so many have offered. 

But its just one week, and there is much left to do.  Actually, "much" is a dramatic understatement.  I'm off now and will be back soon. | 0 Comments | Permalink |

Not Gerry.  Raquel.

Let me explain.

Gerry was in Chicago yesterday, so we planned dinner as is our habit when he is visiting.  He called to tell me his daughter Raquel was in town.  "Would I mind if she joined us."  "Of course not.  Gerry and I got to the restaurant first and were having a beverage.  When Raquel walked in, every eye in the joint was on her.  I am sure you can understand why.

 Raquel is an actress and a model, but clearly her father's daughter in terms of her intellect, intellectual curiosity and creativity.  I learned during our dinner that she also is a "Hometown Hottie," having advanced to the semi-finals in Maxim magazine's contest.

So here's the challenge for the legal blogging community:  We need to rally votes for Raquel!.  You can see how deserving she is, but when you add the sass and the personality, you've got a young woman who deserves to get to the finals!  Here's where to go to cast your vote--visit the sight often and vote as often as you like (it's a Chicagoan's dream election!)

Vote for Raquel here.

Raquel has been in a number of TV shows and has some movie credits too.  She was the star of "Killer Bash", playing the role of Becky Jeckyl.  One reviewer wrote ' For an independent film without much hype, Killer Bash was greatly entertaining and Raquel Riskin is a great new actress.

Gerry is very proud of all of his children.   And like any proud parent, he would love to see his daughter succeed in this contest.  I'd love to see her succeed too.  I also think it would be interesting to test the real power of the legal blogosphere.  So here's my proposal.  Post about this yourself--let's get the "VOTE RAQUEL" movement publicized as far and wide as the legal blogosphere can reach.  Let's make the movement viral.

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  My family and I are enjoying a long weekend at our lake home in Stevensville, Michigan.  I've been playing with a new digital camera.  These two shots are from the top of our bluff overlooking scenic Lake Michigan.  I wish you all a happy 4th of July!

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This is off topic, but I couldn't resist.  Ran across this quote from Thomas Jefferson: "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."

Notwithstanding the proclaimed allegiance to the wishes of the founding fathers (and Jefferson qualifies, doesn't he?), the war on terror is used to justify the abrogation of any freedom, the infringement of any right, the assertion of any power. 

America is the land of the free.  Nobody ever said freedom is easy.  But if you abandon freedoms just because you're attacked, hasn't the other guy already won?

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But without the fanfare associated with Michael Jordan's return to the Bulls on March 18, 1995.

But still, I've been away from this blog for a while.  For those interested, it was time for some introspection.  So while I haven't been writing, I have been thinking and reading, and thinking some more.  I wonder where our profession is going.  I wonder where our country is going, and what part lawyers have played in its current bitterly partisan divide.  I've been wondering when winning elections and building majorities became more important than finding solutions.

I have found no answers, save for one.  As a profession, we are failing.  Failing our clients, but more importantly, failing ourselves.  And the real question for me is what am I going to do about it.  That answer remains to be determined.

As far as this blog goes, I hope it will continue to earn many of the compliments that people have offered to it during its year plus existence.

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If you're reading this,you have found your way to my new URL. Thank you! If you have been kind enough to list me on your blogroll, I would be most appreciative if you would note the change on your blog.

Please let me know what you think of the new look!

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Thanks (I think) to my friend Dan Hull for tagging me for the "4 Things" series of questions.  Kind of fun to think of all of them except for figuring out 4 people to tag at the end.  Here goes!

Four Jobs I've Had.

1.  Overhead crane operator at General Motors plant  2.  Paralegal at Kirkland & Ellis  3. Truck loader at General Cold Storage Warehouse  4.  Writing Instructor at Michigan Law School

4 movies I can watch over and over

• Kill Bill 1 and 2
• The Quiet Man
• The Godfather
• Caddyshack

4 TV Shows I love To Watch

• Seinfeld reruns
• The New Yankee Workshop
• Monday Night Football
• ER

4 Places I've Been On Vacation

• Hiking in the Canadian Rockies (Banff)
• Istanbul
• Ireland
• San Diego

4 songs playing in my head

• Walk The Line (saw the movie, the song stuck)
• Heart of the Matter (Don Henley)
• You're still the one (Shania Twain)
• Don't Know Much (Ronstadt and Neville)

4 favorite dishes

• Macademia crusted Halibut with bananas  (Peohe's, Coronado Island)
• Broiled asparagus w/ blue cheese (Barbara Lamb)
• Pan fried Lake Michigan perch (me)
• Maggiano's Chopped Salad

4 websites I visit daily

• Tom Peters
• What About Clients
• Adam Smith Esq.
• Amazing Firms, Amazing Practices

4 books I'd grab in an earthquake

• Trinity
• Something by CS Lewis
• How to survive an earthquake
• The Bourne Supremecy

4 places I would rather be

• on a cruise in the Mediterrean
• Gerry Riskin's home in Anguilla
• flyfishing
• standing in front of a jury closing

4 Bloggers I'm tagging

• Gerry Riskin
• Matt Homann
• Bruce MacEwen
• The Wired GC

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Greetings from Tucson, Arizona, where it is sunny and a delightful 68 degrees.  By contrast, Chicago, which I left on Friday for this brief vacation, had a high of 8 degrees on Saturday, and a low of -7 degrees.  Brrrrrrr.

As someone who is constantly "searching" (in my case, for perfect client service), I thought it would be useful to search for a common theme underlying what we do.  I asked my son for help.

We tried other tools as well.

    Here's what we learned. 

Our blawgs are about .  We share our ideas with clients and others in order to stimulate thought and dialogue.  The discourse that follows strengthens our ideas.  With that, here are some blawg posts that reflect creativity, thought, provocation, stimulation.

Let me begin by mentioning two people I spent time with this past week.  Gerry Riskin, author or Amazing Firms Amazing Practices provides a global perspective on the diversity challenge faced by law firms around the world.  Michelle Golden, who writes Golden Practices, provided some great career advice for marketers.

Matt Homann at the [non]billable hour is the source of two terrific posts, one direct from Matt and one from his guest blogger Ron Baker.  In his own right, Matt provided a Great Client Brainstorming Tip.  Matt's guest blogger Ron Baker authored a very provocative post positing that Attorneys Aren't Knowledge Workers.  Or are they?  Kudos to Matt for extending the invitation to Ron Baker, a giant in the area of Value Billing.

While almost every post from Dennis Kennedy prompts a great deal of thought, his retrospective look at blogging "What Would I Do Differently If I Started Blogging Today?" provides lessons for bloggers of levels of experience. Taking from from the blawg world to the real one, Ernie the Attorney continues his posts on the difficult road to recovery for his beloved New Orleans with the good news that the Jazz Fest is going forward in late April and early May. Every time I read Ernie's first hand accounts of the city's recovery, I am reminded to count my blessings.

The Greatest American Lawyer continues his challenge to orthodoxy with his post on integrating skype into his arsenal.  And my friend Dan Hull who authors the aptly named What About Clients continues his periodic challenge to all of us to write better.  Dan also had a wonderful post on negativity in the profession, engagingly captioned Law Profession Negativity In All Its Forms, et al., Plaintiffs, v. Half Full Cups, Defendants.  JS Logan with some nice insights on customer satisfaction .

In his Legal Marketing Blog, Tom Kane weighs in this week with some additional thoughts on the very important topic of client satisfaction interviews.  It is such an important topic that every entry that makes you think about it is very important. Nathan Burke asks us to consider whether our law firm web sites inspire client confidence in a terrific lawfirmblogging post. Kevin Thompson at Cyberlaw Central raises a truly profound question about detecting the tone of our emails, a question of great significance to client service. In that same vein, mediator Diane Levin, author of MediationNewsOnline, asks us to look at our emails in her post Architect or Arsonist: using email to build not burn bridges.  And on a macro level, Bruce MacEwen of Adam Smith, Esq. asks the extraordinarily provocative question "Do You Have A Chief Strategy Officer?" In a compelling manner, he then analyzes the importance of being able to answer that question affirmatively. Bruce also weighs in with the must-read post What P & G Teaches.  The story reveals how business is changing the internal value placed on managers competing with one another and focusing instead on the value of collaboration.  In the eat-what-you-kill world of law firm compensation, the moral of the story should challenge convention.

David Maister, new to the blogging world but long a leader in the world of thinking, posted a reprise of something he wrote a while ago, but timeless and inspiring. The post in his Passion, People and Principles is entitled, simply, The Managing Partner's Speech.  Many of us would love to work for a partner who was able to give the speech genuinely.

In the world of ideas from the substantive law arena, check out this post from the Health Care Law Blog asking "Should Consumers of Health Care Have More Rights To Protect Their Medical Information? " Tough question. (By the way, kudos to Bob Coffield for his work as host of last week's Blawg Review).  From The Trademark Blog comes this analysis of how Opposition to DYKES ON BIKES Opens A Pandora's Box in that realm. Also in the trademark world comes this from Likelihood Of Confusion: Trademark McCrisis? (Or McArabia).  Kevin Thompson of Cyberlaw Central provides this summary of an important cyberlaw case in Domain name dispute: Digital Telemedia, Inc. vs. C.I. Host, Inc.   The case involves a recent domain name dispute where the Plaintiff lost its bid to have a domain name transferred on a summary judgment motion.  It's interesting because one of the Defendants has prior common law rights, but the actual use of the domain name may still have been infringing.  Professor Stephen Bainbridge asks a question most CEOs hope is answered affirmatively--Is SOX Unconstitutional?--in his Professor Bainbridge.com.

The general world of blogging is chock full of ideas.  Check out this post in Scobleizer about search engine lies.  The title is way cool:  Brrreeeport crazy and more search engine lies.  Thanks to last week's host Bob Coffield for submitting this, along with this comment:

I thought you might want to mention Robert Scoble's interesting experiment using Technorati tags and a fictitious term "Brrreeeport". It shows how one person can impact the way search is done on the internet. It has been the top search/tag on Technorati all week long. Also you might want to include a reference and a technorati tag to brrreeeport in blawg review since it will then get picked up and get some air time online. I've gotten a number of hits to my blog just by posting the quick post that is attached to this submission.

In the food for thought, weirdness category, check out this post from f/k/a.  I, for one, do not ever want to be "weird tagged."

Its always nice to end with a question, so I look again to JS Logan. Check out his post Making Sense of What, Why, And How.  Which of those questions is most important?

Finally, a thought about US--the blawggers of the world.  I read many, many posts to prepare this review.  My reaction?  Wow!  There are an awful lot of smart, thoughtful people out there.  My emphasis is on the smart and thoughtful, but check out this post about the "lot" part of my reaction--from Bill Gratsch at Blawg.org.  Now look at the future in this Concurring Opinion post. The quality of our ideas will be a significant factor in the future of blawging.

Ideas, the spice of life.  So long from sunny and warm Tucson.  In a couple of hours, I'll be back in the cold Windy City.

 

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Hilarious post by Dan Hull following up on the news that Bill Clinton is eligible to reinstate his law degree. On behalf of his firm, Dan posts this ad:

WANTED: Of counsel for growing Pittsburgh-based boutique business law firm. Must have at least 8 years of highest level federal Exec. Branch experience, world-wide connections, Yale law degree, one year at Oxford, own money and people skills. Must be able to sell anything to anyone. And be originally from Hope, Arkansas. State government experience not required but preferred. United Nations experience also a big plus. You don't need to re-locate. Happy to set up the office for you. Wherever you want. Harlem or Chappaqua is okay. Or DC. You decide. You can work out of your house. Whatever. NOTE: No previous private law practice experience necessary. Not a problem--no problem at all. Excellent benefits package.

So I start thinking--Bill Clinton and client service.  The possibilities are endless.  But too easy.  So I'll refrain. But let your mind run wild. 

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My 4 kids are counting the minutes until Santa's arrival.  Their bedtime announces the beginning of my "assembly period."  It is a fun time, producing many special memories.  I hope all of you experience similar special moments this holiday season.  Merry Christmas from all the Lambs.

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Good writing is good writing.  Or is it.  Dan Hull had a terrific post on how we write for our clients.   I posted a comment, suggesting good writing knew no venue, and it shouldn't matter whether the writing was a pleading or a letter.  Or, as I just posted, an invoice.  Communications are effective when they are clear, concise and direct.

Dan has just responded to my comment with another very thoughtful post.  In this post, he notes that the norm in many courts is to use enough legalese to fill a truck.  After considering the value of piecemeal change, he issues this challenge to himself and the rest of us: 

"Doesn't changing legal writing to just clear and simple writing come down to to leadership? Maybe I should start setting a better example. Why not buck the traditions 100%--whether it's writing to courts, to clients or to other lawyers--and never use those expressions again? Ever."

That sound you hear coming from my office is loud clapping.  A standing ovation for Dan.  Hooray!  I will be with you every step of the way.

Actually, a confession.  I practice in a lot of different states. I can't remember all the terms some courts get their kicks from.  I don't know what a demurrer is, but I do know what a motion to dismiss is.  So I use words I know.  A simple mind yields simple writing.  I'm lucky in that respect.

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I watched Discovery lift off yesterday.  The explosion into the sky no longer seemed routine.  I heard this morning that there are concerns about lost heat shield tiles.  Join me in praying for a successful flight and a safe return home.

 

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Happy Fathers Day to all Dads out there.  Today is worth a second or two to remember the important place our kids have in our lives.  Give 'em a hug and let them know. 

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Every football season, you hear about players who have arthroscopic knee surgery and then return to play two weeks later.  It doesn't seem to be that big a deal.  Well, I had my knee 'scoped on Monday.  All I can say is that it is a miracle that these guys can run and tackle and so forth in two weeks time.  I am fortunate that my parents are visiting for a week-I stole my Dad's cane just so I can walk around the house!  Actually, "walking" is too charitable a description of what I am doing.  Its an ugly picture, and I'll save you from it.

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Lawyers, it seems, can't do anything right.  Our marketing, for the most part, is early 20th century.  Most of us rely on a financial system (hourly billing) that places our economic interests at odds with those of our clients.  And as a group, we generally fail to satisfy our clients and very few of us engender the kind of client or customer loyalty that businesses prize.

This blog exists to address the issues that keep our profession in the backwoods. There are many issues that directly or indirectly influence client service,from firm cultures to billing methods, from client focus to comprehending client business objectives.  All will be grist for the mill.

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