Make Sure Your Communication is a Two Way Street

Many of us get into a habit of doing things in a certain manner. Once we develop these habits, it’s often very difficult for us to change them. However, we must remember that, just because we do things a certain way, that does not mean that everyone else does it the same way.

This is especially true when dealing with our clients. We need to keep in mind that the way things work in the legal world, is not the way that things work in the real world. If your client sends you an email to ask you a question, he probably does not want you to respond to him with a letter. On the other hand, if your client always calls you and never uses his email, maybe your best communication with him is via phone, not email.

Please note that I am posting this gentle reminder because I don’t want to rant about a person I am dealing with who insists on responding to my emails by mailing me documents. I don’t understand his obsession with doing this and it is driving me crazy. In fact, based on our coorespondence thus far, I have concluded that I will be purchasing my services through someone other than him.

I was Recently Interviewed

Recently Peter Olson (also known as Solo in Chicago) interviewed me via email. Apparently I blathered on too much because he has broken my interview up into different parts. However, the first part of the interview can be found here.

Incidentally, if you are not reading Solo in Chicago, you should be. In addition to being a great guy and a good friend, Peter also has some great posts detailing the challenges of practicing law as a solo (most of which apply to small firms as well). I especially enjoy the behind the scenes looks that he gives us into his practice.

Good News from the FTC

The FTC has announced that it is delaying the implimentation date of the Red Flags Rules from August 1 until November 1. This is good, although not great, news. The FTC has not backed off its position that the rules apply to law firms. However, the delay does give the ABA some additional time to try to lobby to keep these rules from being applied to law firms at all.

Red Flags Options

In an attempt to combat a problem that does not exist, the FTC, has implemented rules that go into effect on August 1, 2009, requiring attorneys to have a written plan to identify and respond to red flags that indicate possible identity theft. Certainly these rules make sense for certain industries. However, I would challenge the FTC to provide me with an example of any situation in which identity theft was an issue with an attorney that “extended credit” to a client by allowing the client to time to pay their bill.

Certainly identity theft is a problem in today’s world. However, if we focus our efforts on making sure that identity theft does not occur in lawyer’s offices or doctor’s offices, I think we are going to be wasting a whole lot of effort with no reward.

Never one to allow reason to stand in the way of implementing a rule, however, the FTC has decreed that the rule applies to attorneys who allow their clients time to pay their bills. Thus, as of August 1, 2009, your office likely needs to have a written Identity Theft Prevention Program in place.

You havea couple of options to make compliance with this ridiculous rule as painless as possible. First the FTC has a site explaining the rule and linking to a PDF that helps you create your own program. Additionally, Jim Calloway has a great post that details the types of things that an attorney should consider in implimenting their written Identity Theft Prevention Program. To give further credit where due, much of what Jim has to say comes from Judith D. Equels, Director of The Florida Bar’s Law Office Management program.

Regardless, check out Jim’s post and c0mplete your program before the due date arrives.

An Acrobat Question Regarding Form Fields

One of the things I love about Acrobat 9 is the ease with which you can create forms. Adding form fields is quite easy and makes working with pre-printed court forms a piece of cake.

I was recently working on a form the other day, however, and realized that I wanted to create a field that automatically calculated the information based on the information provided in another field. I know that you can create calculated fields in Acrobat, but I don’t know how to create the calculation script for what I want. I was hoping that some Acrobat expert has a suggestion for me.

What I am looking for is a script that will do the following: Field 1 is a date. For field 2, I would like the field to automatically calculate the date 3 days before the date entered in Field 1.

Is this something that can be done? Does anyone know how to write this script?

Using a ScanSnap to Go Paperless

Anyone familiar with my blog knows that I am a big proponent of storing every document in every file electronically. When I talk about this, one question that many people ask is what kind of scanner to get. One of the most popular scanners is the Fujitsu ScanSnap. This scanner is reasonably priced, works well, and is easy to operate. Three qualities that I am sure have helped its popularity.

Knowing the right hardware to use, however, is only part of the battle. You also have to know how to integrate that hardware into your workflow. Recently Rick Borstein posted a tutotial on how to best integrate a ScanSnap with Adobe Acrobat.

As with many of Rick’s posts, he takes you step-by-step (including handy pictures) through how to best set the scanner up to use it with Adobe Acrobat. If you are considering adding a ScanSnap to your desktop, you definately want to check out Rick’s post.

Another Benefit of Being Paperless

Yesterday I was reminded once again of the benefit of keeping all of my documents electronically.* I received an email from a former client with a question about a case that has been over for more than four years. If I had to resort to the paper file, I would have had to retrieve the file from storage and manually sort through the file to find the documents I needed to answer his question.

Because I had stored my documents electronically, however, with just a couple of mouse clicks I was able to open the relevant documents, review them, and send an email in response that both answered my former client’s question and included the relevant documents as attachments.

My former client was very pleased with my quick response (even if the answer may not have been what he wanted). If I had to retrieve and dig through the paper file, it would have taken 24 to 48 hours to answer his question, and it would have cost my staff time to retrieve the file and myself time to find what I needed.

Here, I answered my client’s question shortly after I got back to office and it took me less than five minutes to read his email, find the relevant documents and send him a response.

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*Please note that, although I use the term paperless in the title of this piece, that does not mean that you must jestion all of your paper. Saving all of your document electronically does not preclude you from also maintaining paper files. Do that if you either want to or beleive that you have to. Instead, saving your files electronically means that you have every document on every file stored electronically for easy retrival and review.

Creating and Using and Index in Adobe Acrobat

Recently I posted about an article I had published in Chicago Lawyer Magazine about using Adobe Acrobat as part of my legal research workflow. I have received a couple of questions relating to the article relating to which version of Acrobat you need and how to create an index so that the research is searchable.

With respect to the question of what version of Acrobat is needed, that depends largely on what you want to do with the research that you have. If what you are concerned with is reading your research and annotating it any of the paid versions of Adobe Acrobat will work fine. Please note that the free Adobe Reader will not work for this. You must have one of the paid versions. Alternatively, a program such as NitroPDF would work just fine for this as well. In fact, I find Nitro’s commenting and mark-up tools easy to use than Acrobat’s.

However, if you wish to make your research fully searchable by creating an index that spans multiple files or multiple folders, you will need either Acrobat Pro or Pro Extended. These allow you to create a very powerful index. Doing so is actually quite simple. Further, Rick Borstein has already done all of the work of demonstrating how to do this.

In a blog post from a couple of years ago, Rick explains how to create an index in Adobe Acrobat. Although the instructions provided are for Acrobat 8, they also appear to be the same to create an index in Acrobat 9.

Additionally, for those who learn best by watching, Rick has some how-to videos to talk about search options in Acrobat. In particular, he has one that talks about the differences between Find and Search and one that demonstrates how to build a full text index.

As you can see from Rick’s post and demo, creating an index is an easy thing to do. Further, it can certainly aid you when you want to search through your PDFs, whether they relate to legal research or not.

Formatting With Style

Few things drive me more crazy than trying to work on a document that someone else has created. This is because very few people understand how to use styles in Microsoft Word and instead try to format everything using the formatting buttons on their formatting toolbar.

I am glad to see that I am not the only person disturbed by this problem. Writing, Clear and Simple, addressed this problem head-on recently. The author explained the problem as follows:

I frequently collaborate on projects with several different people, exchanging documents to review and revise. And all too often, I see documents where all of the formatting—bold, italic, font, type size, and so on— has been set manually. That’s the hard way to do it. It’s like having a woodworking shop full of expensive equipment at your disposal, but building a cabinet using only a hatchet.

He could not be more right. I see people do this all of the time. The main cause of this problem, in my opinion, is a lack of training. People don’t know they are supposed to use styles instead of the formatting tools on the formatting bar. Besides, those tools on the formatting bar are so convenient.

In his post, Roy points you toward some resources for learning how to use and modify styles. Additionally, I have written a series of posts on the issue as well.

Some of you may be wondering why this is so important. Or, as I am often asked, “What’s the big deal?”

The answer is simple and Roy nails is perfectly:

You should be focusing your attention on the content, on making sure the words say what you want them to say, and here you are, fiddling with the cosmetics, wasting precious time making the document look pretty.

Once you spend a little time putting your styles together, you never have to worry about formatting again. You simply apply the approriate style and go on. You can concentrate on the writing without having to worry about whether the document will look good.

The Mobile Practice of Law

I sometimes get asked why I scan every document on every case that I have. Or, why do I think an attorney should have a laptop computer. Or, why do I suggest that an attorney needs conveniences such as a virtual fax service or a smartphone. This is the answer to all of those questions:

Ocean Shores Beach

This picture is what I saw out my window this morning while working. My wife is on the Pacific Coast on business and I decided to travel with her. While she is off doing her business-type stuff, I can work from our hotel room, with the sound of waves crashing against the beach to keep me company. When she gets done with her stuff, we can go out together and do touristy stuff.

This is a great time for us to do things together, yet it still allows me to effectively use the downtime I have while she is off working. Because I have all of my documents on all of my cases with me. I can work on whatever needs work without worrying about making sure I took the right files with me.