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Client Relations

How Informed Client Consent Requirement for Use of the Cloud Wil Drive Clients to Non-Lawyer Providers

July 9, 2013 by Carolyn Elefant

My friend, co-author and cloud guru Nicole Black recently reported  on Connecticut’s new opinion  on cloud computing.   To its credit, Connecticut did not mandate obtaining client consent for use of the cloud. Rather, it suggested that lawyers consider seeking consent commensurate with the level of security required. Thus, if you’re representing Edward Snowden, you’d […]

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Real Life Legal: Opposing Counsel Throw Up Barriers to Unbundled Services

July 5, 2013 by Carolyn Elefant

(Note – I spoke too soon in my earlier post – but I had to get this off my chest!) This past February 2013, the ABA passed this Resolution to encourage practitioners  (presumably solos and pre-paid providers, since those committees co-sponsored the resolution) to provide unbundled legal services.  No doubt, most ardent proponents of unbundled […]

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Retain or Refer? What’s the Best Way for Solos/Smalls To Take Care of Their Best Clients?

June 25, 2013 by Carolyn Elefant

A colleague recently sought advice on the following (facts have been changed): I recently achieved a fantastic result for an out of state client who had a matter in my jurisdiction.  The client now wants me to help with all of his legal work, and asked me to assist with a matter in his home […]

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How Much Technology Do Lawyers Really Need to Know? Not as Much As One In-House Counsel Would Like.

May 30, 2013 by Carolyn Elefant

Seems that big law just can’t catch a break.  Criticized for everything from arrogant billing practices to an unhealthy obsession with profits per partner to an unsustainable pyramid-scheme business model, now  corporate counsel Casey Flaherty is beating up on big firms for their lack of techno–aptitude, reports Monica Bay at American Lawyer. But are Flaherty’s […]

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Do V-Lawyers and E-Lawyers Fully Substitute for A Lawyer?

May 29, 2013 by Carolyn Elefant

I came across this interesting article in the Washington City Paper  criticizing the D.C. Jail’s replacement  for face-to-face visits with video conferencing.  What’s the problem, you might wonder. After all, isn’t visitation a hardship for many families?  At least video allows for continued contact without the muss and fuss of in person contact. Not entirely. […]

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Lessons of Rakofsky v. the Internet: Be the Kind of Lawyer That Your Client Can Be Proud Of

May 13, 2013 by Carolyn Elefant

Avid readers may recall that two years ago, MyShingle and I received an “invite” to the defendants’ table  in Rakofsky v. the Internet. Roughly two years later, a decision is finally in.  Defendants prevailed; you can read others’ legal analysis here ,here and here.  Having spent two years reading through reams of pleadings, I see […]

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Are You a Nobody Until You Win Your Case?

August 20, 2012 by Carolyn Elefant

Noted video-expert and medical malpractice attorney, Gerry Oginski criticizes a Jacoby & Meyers television commercial that concludes with the voiceover: You’re a nobody until you win your case. Gerry comments – and I agree – that the ad isn’t particularly effective marketing since calling potential clients “nobodies” may instill hard feelings at the outset. Though […]

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From Quote to Contract: Online Proposal Generators

July 11, 2012 by Carolyn Elefant

So, I’ve been thinking and teaching  about the 21st Century Retainer Agreement (for those who attended the last event, the ebook is coming soon; for those who missed it, we’re scheduling another webinar in August), specifically ways to streamline the drafting process.  Flat fee or one-off retainer agreements aren’t all that tough (my upcoming ebook […]

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Why The Best Solo and Small Firm Lawyers Aren’t the Best Entrepreneurs

June 12, 2012 by Carolyn Elefant

About a year ago, in response to then- Above the Law columnist  Jay Shepard, I asserted that wanting to run a business is NOT the most important characteristic for lawyers wanting to start their own practice.  I postulated that lawyers who hang a shingle for the excitement of running a business rather than a passion […]

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The Art, Science & Ethics of the 21st Century Retainer Agreement

June 6, 2012 by Carolyn Elefant

The legal profession is transitioning to what’s been branded the new normal, but the development of the necessary tools for serving 21st Century clients is lagging far behind.  Sure, the infrastructure that we use to serve clients is changing; lawyers are finally coming up to speed on Cloud Computing, transitioning from desktops to more mobile […]

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