Friday, September 22, 2017

#ClioCloud9 Roundup

The much-anticipated Clio Cloud Conference kicks off on Monday in New Orleans. As an official media partner, LexBlog used the week leading up to the conference to shine a light on some of the speakers for the event. We were even fortunate enough to feature guest posts from Clio employees who offered unique insights on the company, and the Clio Cloud Conference. Below you’ll find links to all these features, as well as links to connect with each of the speakers.

An interview with Haben Girma, a disability rights advocate and the first deafblind graduate of Harvard Law School. She’ll be giving the opening keynote speech on Tuesday morning, and can follow her on TwitterInstagram, and Facebook.

An interview with Doug Edmonds, the Assistant Dean of IT for University of North Carolina School of Law. He will be speaking on Tuesday with Andrea Stevenson, Mirriam Seddiq, and Chris Heslinga on “Access to Justice: Technology and the Justice Gap.” You can follow him on Twitter @doug_edmonds and on Linkedin.

A guest post from Erin Hall, a Customer Support Specialist at Clio. Erin will be speaking on Monday from 3:30-4:50 in Bolden 1, on “Staying Sane and Keeping your Firm on Track.” You can find her on Twitter @eriinh and on Linkedin.

An interview with Nicole Abboud, the founder of the Generation Why Lawyer podcast and Abboud Media. Abboud will be speaking on Monday from 11-11:30 in Empire Ballroom D on “Millenials: Understanding Your New Clients and Colleagues for Law Firm Growth.” You can follow her on Twitter @nicoleabboud and on Linkedin.

A guest post from Andrew Gay, Clio’s Manager of Strategic Partnerships. He’ll be running a workshop from 1:50-3:30 on Monday in Bolden 6, for Clio Certified Consultants. You can find him on Twitter @ahlgay and Linkedin.

An interview with Andrea Evans, an attorney who runs her own intellectual property law practice. She will be speaking on Monday from 3-3:30 in Empire Ballroom A & B, on “The ‘Refrigerator’ Social Media Method: Cool, Modern & Connected.” You can contact Andrea through her website, or on Facebook or Twitter.

A guest post from Joshua Lenon, Clio’s Lawyer in Residence. He will be speaking with Joshua Browder on Monday in Empire Ballroom D on “Innovation in Legal Tech: The Chatbot Revolution.” You can follow him on Twitter @JoshuaLenon or connect with him on Linkedin.

 


#ClioCloud9 Roundup posted first on https://fergusonlawatty.wordpress.com

Three ways you can help LexBlog cover Clio Clon in New Orleans

Clio Cloud 9 Clio Con

I am headed to New Orleans Sunday, accompanied by LexBlog’s CTO Josh Lynch and head of business development, David Cuthbert, for Clio’s Annual Cloud Conference, running next Monday and Tuesday.

Clio has asked us to cover Clio Con and we’re honored to do so. Not only will be we covering the conference from New Orleans, via Facebook Live, but we’ll have people in Seattle conducting interviews (some are up on the LexBlog Network) and “Storifies” of keynotes, presentations and events.

Storify is a social network service that enables us to create stories or timelines using social media such as Twitter, Facebook and Instagram as source.

Tweet and tag. As you always do at Clio Con, Tweet and use other social media like crazy reporting on what speakers are saying and what you’re observing. Take pictures and shoot videos. Share them on social media – especially Twitter, using the hashtag #ClioCloud9.

We’ll pick up the Tweets, including pics and videos at LexBlog Seattle and include them in our Storify coverage with an attribute to you.

Blog. Looking for more coverage of your blog posts about Clio Con? LexBlog’s got you covered. Send your posts (or a link to your post) to tips@lexblog.com. We’ll publish your posts to The LexBlog Network, giving you the attribute and indicate the original url for the post so that there is no duplicite content issue and share word of your post via our social networks.

Be on Facebook Live. I am going to be interviewing speakers and exhibitors and probably doing some roundtable conversations with my friend, Bob Ambrogi. I’d like to catch attendees as well, so stop LexBlog’s media table, catch me walking around, ping me on social or drop tips an email.

Don’t forget to catch my presentation on content marketing/blogging/social media on Monday too. I’ll do my best not to make Clio look bad in inviting me.

Kidding aside, it’s privilege to speak at Clio Con. If it’s not the best, it’s one of the best conferences I go to each year.

Wonderful speakers (far beyond the legal realm) that expand our horizons, always new products from Clio (espcially this year), top notch social events, cammeraderie among attendees and incredible passion from team Clio, which runs a conference with now over 1,000 people all on their own.


Three ways you can help LexBlog cover Clio Clon in New Orleans posted first on https://fergusonlawatty.wordpress.com

Thursday, September 21, 2017

Large law lawyer leverages technology, data and systems to change defense of mass tort claims

Mass tort defense

Twenty years ago, I terminated my firm’s Westlaw subscription and outsourced our legal research. How so? Law clerks attending law school whom I met on AOL message boards.

A clerk did the research, using free Westlaw, drafted a motion, memorandum or brief, forwarded it to my assistant to be put on a case caption and reviewed by my associate.

In a contingency fee case, a big savings of time for us. My associate could work on more valuable things. On hourly work, clients got a bill for a clerk’s time at $40 an hour while we paid them $15 an hour. Clients loved the savings and the innovation.

Without the Internet and a willingness to be different, none of that would have been possible.

Now I hear that a friend of mine, Attorney Steve Embry is doing a little bit of the same — except on a much larger scale that is likely to have a lasting effect on large law.

For years, law firms have defended mass torts the same way. Put an experienced mass torts lawyer on the case to lead strategy and execution and have legions of younger lawyers and in house staff do most of the work.

By leveraging the hourly rate, the defense of mass torts became wildly profitable for law firms, while terribly expensive for clients.

I should have known that Embry was onto something different when I first met him hanging out at legal tech and innovation conferences, even conferences dedicated to small law. You don’t see guys from large law (Frost Brown Todd) who have been defending mass tort cases for years at these conferences.

Embry was in fact out noodling on ways to be innovative in the defense of mass tort claims.

The problem with how mass torts have historically been defended is that, while the client can get great value and a great defense where there is an experienced lawyer engaged in what he or she does best, that is such things as strategy, handling and creating joint defenses, negotiations and even trial, most of the underlying work has been done by those who frankly are over qualified for what they are doing. There are better and cheaper ways to get most of the work required by mass tort cases done.

The answer, talking to Embry, is unbundling services. Unbundling legal services can be a dirty word to some bar associations and regulators, who’d like to require a lawyer do all the work from beginning to end.

But Embry believes that the work in a mass tort case can be “unbundled” so that much of the commodity type work is done by alternative legal service providers at flat fees. The more creative work is best done by a seasoned lawyer.

To make this work — and get over any unbundling issue, Embry says that the lawyer must remain in charge of and responsible for all the work and that there needs to be a partnership between the lawyer and any service providers.

The lawyer and the insurance provider have to trust each other, work together and have each other’s back. This can only be done on if there is a long term relationship between the two.

Embry is now walking the talk, something most lawyers would be scared to death to do. He reached out to Elevate, an alternative legal service provider employing lawyers, engineers, technology and medical professionals to study the idea. If viable, Embry wants them to help propose it to insurance carriers.

Elevate suggested getting my friend (small world) Dan Linna, a law professor and director of LegalRnD at Michigan State University College of Law, involved. Elevate had worked with Linna and LegalRnD on other projects over the past few years and Embry was familiar with Linna through legal tech events.

Linna likes the idea – and sees it as a bit of self preservation for large law.

Law firms need to proactively work with clients to disaggregate legal matters. Why wait for clients to disaggregate matters and tell you, the law firm, what’s left for you—if they keep you around? Law firms need to demonstrate how they can provide greater value to clients. Greater value goes well beyond efficiency and lower costs. By creating a culture of innovation and continuous improvement, improving processes, getting the right people doing the right tasks, becoming data driven, and embracing technology, law firms can improve work quality and obtain better substantive outcomes.

Linna’s a bit like author, speaker and adviser, Richard Susskind, who finds it hard to convince a room full of people making a million dollars a year that they have a problem that needs correcting.

Most law firms cannot get beyond short-term thinking. They’re get stuck on the idea that improving legal-service delivery likely means less revenue in the short term. But they’re missing opportunities to become more profitable while at the same time generating greater value for clients. Going down this path strengthens relationships with existing clients and creates opportunities for law firms to differentiate themselves. It positions them to land more work and develop new ways in which to provide value for clients.

The team has already secured the agreement of one of Embry’s insurance carrier clients. The carrier is intrigued by Embry’s approach and is looking to be a case study that Linna will do so that differences in results and costs can be measured.

As he should be, Embry’s optimistic.

I think we will find that the case could be handled just as well if not better and the transactional cost less using this model.

The group recently spent a day at Frost Brown with lawyers, paralegals and other professionals to map out getting work to the right people, improving processes, using data, and implementing technology. Linna tells me that rather than being defensive and territorial about the work, as I have personally seen in large tort claims with multiple parties, the group realized the benefits of collaborating to identify opportunities to improve the value provided to clients.

Embry, as expected, was concerned his firm would see this whole approach as a threat. But his firm acknowledges it as the new reality.

The practice of law is changing. While clients don’t mind paying for bespoke work, they are no longer willing to pay top dollar for commodity work that can be done cheaper someplace else. If we don’t accept that reality and try to meet our client’s needs, we risk losing the whole ball of wax.

Embry’s firm may have less work in the short run. But Embry believes that clients will see the benefit of the model and engage him and Frost Brown for future work.

Now we just need to have Embry out blogging what he’s learning and doing along the way — soon.


Large law lawyer leverages technology, data and systems to change defense of mass tort claims posted first on https://fergusonlawatty.wordpress.com

Monday, September 18, 2017

Washington Post’s Arc publishing platform a model for LexBlog

Washington Post Arc publishing LexBlog

When Amazon built a digital department store, then competitor, Toys “R” Us licensed Amazon’s technology for the online sales of its goods. Toys “R” Us could not compete on software.

When Amazon had surplus cloud hosting capacity, Amazon created AWS for the licensing of its cloud hosting services to third parties. AWS now represents over a third of Amazon’s revenue.

When Amazon founder and CEO, Jeff Bezos bought the Washington Post, the Post, at the encouragement of Bezos to follow the AWS model, built a digital publishing platform the Post could license to third parties.

Arc Publishing, the name of the Post’s publishing platform, is now licensed to news publishers as large as Tronc, the owner of the Chicago Tribune, Los Angeles Times, Orlando Sentinel and Baltimore Sun. Ironically, Tronc had claimed that its technology prowess would allow it to succeed whether other news publishers failed.

It’s a nice model, develop the software platform you need to succeed and license your technology to third parties whose services exceed the scope of yours. The Washington Post does not cover Chicago and LA news. Amazon does not provide near as many services as are being delivered by companies using its AWS cloud service.

Reading Jack Marshall’s Wall Street Journal story on Tronc’s licensing Arc, I was struck by how LexBlog’s model mirrors the Post’s — obviously on a smaller scale.

For years, LexBlog ran a design and development factory shop much like other web developers and marketing agencies. Graphic designers rendered designs, which when approved by clients were reduced to PSD’s (photoshop design files), which were then developed on our platform by web developers.

Time consuming, fraught with points where mistakes could be made and it didn’t scale – the more “successful” we were in selling, the greater the problem we had in maintaining, hosting and upgrading ‘sites.’

The answer for LexBlog was to develop the publishing platform we needed to succeed – the Apple Fritter design and publishing platform.

Apple Fritter, built on WordPress core and customized WordPress software, allowed our art director to design in software on a ‘live’ site. Customers could look in if they wanted to. No developers needed. Developers work on AF upgrades (including quarterly WordPress upgrades) and new features.

Arc isn’t bare bone publishing software, it offers publishers a suite of tools. Per Marshall:

The Arc technology suite includes a range of tools designed to help publishers produce, manage, publish, host and monetize their websites and apps, in addition to offering other analytics and optimization tools.

Tronc CEO, Justin Dearborn sees Arc giving its newspapers everything they need on the software front.

This partnership will provide us with the capabilities that our reporters need to deliver award-winning journalism across all platforms and new tools that allow our marketing partners to connect with our growing digital audience.

I’ve been in DC and Chicago the last couple weeks introducing large client publishers to Apple Fritter and the ability to license our Apple Fritter as a self service design and publishing platform for their blogs, mini-sites, magazines and networks.

Apple Fritter, with its tools and features, provides client publishers all they need to publish, distribute and track their posts, articles and stories. Custom designs for various types of publications will have already been loaded by LexBlog.

As with the Post’s Arc being available to all news publishers, large and small, Apple Fritter will be available to all publishers – law firms, law schools, bar associations, legal tech companies, web development agencies, marketing companies and other organizations. Not only for publications, but also for websites.

As context, all of LexBlog’s products and add-ons are named after products at Top Pot “Hand Forged” Doughnuts, a large doughnut chain here in Seattle, that boasts of being the official doughnut of the Seattle Seahawks. Thus Apple Fritter.


Washington Post’s Arc publishing platform a model for LexBlog posted first on https://fergusonlawatty.wordpress.com

Tuesday, September 5, 2017

Motorcycle Owner Pre-Accident Advice

Mennonite insurance, Ryder insurance, Progressive Insurance and others focus on selling the minimum insurance required by law, which is currently $15,000, and has been since 1990. In that same span of time, health care costs have gone up 351%. According to statistics from the Center for Medicare and Medicaid Services as expressed in this article: […]
Motorcycle Owner Pre-Accident Advice posted first on https://fergusonlawatty.wordpress.com

Wednesday, August 30, 2017

Michigan State University College of Law Ranks Number One

We’re all familiar with Michigan State University’s athletic prowess. As a Notre Dame graduate, I’ve seen on TV any number of football losses at East Lansing. Basketball Coach Tom Izzo has kept the Spartans near the top nationally for what seems like twenty years.

Michigan State’s Law School though, which I am sure has received national recognition in the past, has not been discussed historically with the likes of Harvard, Yale, Stanford and Michigan.

No longer. The Spartans are getting known, and known in a big way for their law graduates who have harnessed the power of the Internet to learn, to network and to build a name for themselves.

Law firms and other organizations are seeking out Michigan State grads because of what they have learned on the innovation and technology front – and in a good number of cases seeking out particular law students and offering them jobs.

You got it. Students and law grads being offered jobs by companies and firms seeking them out. Not students and grads applying for jobs as is the customary way students are taught it’s done.

What happened?

The law school recognized what the rest of the country knew. The Internet was a powerful tool for learning and networking – and that everyone and their brother was using it. Why not a law school’s students?

First there was ReInvent Law (video channel in absence of site) launched by then Michigan State Law professors, Dan Katz and Renee Knake. When you put on conferences featuring legal innovators in Chicago, Palo Alto, New York City and London, folks take notice. Especially when you’re selling out large venues packed with practicing lawyers, legal tech executives, law students and law professors.

Then Dan Linna left nine years of large law practice to become Assistant Dean for Career Development and a professor at MSU Law, along with serving as an adjunct professor at the University of Michigan Law School.

Without putting words in Linna’s mouth, he saw what was bubbling up at MSU Law. An opportunity to expand the curriculum to include the business of law in ways not taught before – the use of technology, innovation, project management and lean business processes to change the way legal services are delivered by major law firms.

You add guys such as Ken Grady as an adjunct professor and now a full time professor, and you have a real force. Grady, who’s known internationally, in large part through blogging and social media, for transformation in legal and has worked as general counsel, large law partner and CEO of SeyfarthLean.

About this time MSU Law students started using the Internet. Blogging, Twitter, LinkedIn, About.me and Facebook, all on professional matters. These kids were bringing it.

So much so that MSU Law students starting citing my blog and sharing items I posted to Twitter. As a result, I heard them and got to know them – from 2,000 miles away. I started spreading the word, online and offline. Other influencers did the same.

These students invited me back to East Lansing to share my thoughts on blogging and social media – as well as to judge a social media contest the law school was conducting for students.

I went. What an incredible afternoon, I was welcomed and introduced by then Dean, Joan Howarth.

I discovered that social media and blogging was not only taught at the law school, but that students needed to use what they learned over a semester or more. The contest was an opportunity to share the results – not just a beauty contest with followers, but in internships gained and invitations to speak in San Francisco.

I asked Dean Howarth, “Why? How?” She said what else was she to do, stand by and watch what was happening to law grads and law students. Howarth, who had yet develop her Facebook prowess (came with her attending a day long MSU Law social media bootcamp), empowered change and the use of social media – as a gift to the law school and its students – whether she knew it or not.

I was at a legal technology meetup earlier this year when a lawyer heard me talking about Michigan State’s tech, innovation and social media bent. He said that his firm, a large one, looks for Michigan State grads because of exactly that.

More powerful than MSU Law’s reputation, or maybe the cause of its reputation, is its students’ use of social media itself.

Pat Ellis, who graduated two or three years ago, landed a job on graduation at the second largest law firm in Detroit because of his blogging and social media use. He quit after a year when the firm did not walk the talk of bringing efficiencies and project management to the delivery of legal services.

Someone suggested to Ellis on Twitter that he apply for a position with the general counsel’s office at General Motors. Craig Glidden, a leader in managing complex legal issues around the world had been named General Counsel and for Ellis, it would be a great learning and support opportunity. He got the job.

I met Ellis on Twitter, as then, @spartylegal, and via his blogging. I had the pleasure of joining him in a presentation to MSU Law students, with Dean Howarth and faculty attending.

Ellis advised students that what they thought was important no longer was. A tier one law school, top grades and law review were no longer what separated you from others. The Internet enabled students to blog, with posts seen in a day by a law professor across the country, versus never for a law review article. Social media democratized things for the little guy. Opportunities awaited, per Ellis.

Ellis is not alone.

Irene Mo, a recent MSU Law graduate took innovation classes, participated in blogging and social media bootcamps at the school and served as an innovation assistant for the school’s LegalRnD program.

She’s now an ABA Innovation Fellow developing tools to reduce privacy and data security risks for low-income people. An associate position at a leading Chicago privacy and security law firm awaits – this based on MO’s Twitter exchanges with the managing partner.

Samir Patel came to MSU Law planning to be a sports agent – and why not, with the Spartan’s athletic prowess. But he attended a MSU Law social media bootcamp.

One thing led to another and Patel was clerking for a leading blockchain law firm in London because of identifying a niche he could get after with Twitter and blogging – the use of blockchain in professional athletes’ contracts. Patel didn’t ask for the clerkship, the firm asked him on Twitter.

Then, it turned out that someone Patel was interacting with on Twitter was a practice group lead at Holland & Knight. Patel, who just graduated, is joining Holland & Knight in Miami as a result.

Linna has brought real structure to it all launching, two years ago, LegalRnD, MSU Law’s Center for Legal Services Innovation.

LegalRnD is dedicated to improving legal-service delivery and access across the legal industry. It accomplishes this through research and development of efficient, high-quality legal-service delivery tools and systems — heavily relying on the net and social media/blogging for learning and networking.

LegalRnD brings together professionals from a broad range of disciplines. Students are trained in established business concepts and study them with partners, including: legal aid organizations, solo practitioners, corporate legal departments, law firms, courts, and entire justice systems.

Its curriculam, harnessing the powers of networking through the net via blogging and social media, covers:

  • Artificial intelligence & law
  • Delivering legal services, the new landscape
  • Quantitative analysis for lawyers
  • Information privacy and security
  • Litigation data and process
  • Entrepreneurial lawyering

Young people choose law schools for a whole lot of reasons. Usually based on the school’s name and rank.

If I am looking to understand what’s possible, achieve extraordinary things and have employers ask me if I want to work for them in areas of interest to me — all because I’ve learned to used the Internet to learn, network and build a name I’m looking for a law school which can deliver on that front.

MSU Law ranks number one in that poll.


Michigan State University College of Law Ranks Number One posted first on https://fergusonlawatty.wordpress.com

Wednesday, August 23, 2017

NYSBA sides against consumers on access to legal services

NYSBA

Maybe I’m naive, but I’ve always thought the legal profession as a whole, some lawyers more than others, stood up for the little guy, the consumers if you will.

In that bar associatons are run by lawyers and talk about pro bono work and access to legal services, it would seem to be a natural that they would champion consumer causes — such as access to legal services.

But amongst the good work of bar associations stands the effort of many bar associations to snuff out the use of technology and innovation to bring consumers access to legal services.

The latest comes from the New York State Bar Association (NYSBA) in their advisory opinion of a couple weeks ago finding that Avvo’s Legal Services program violates ethics rules.

As reported by the ABA Journal, consumers using Avvo’s Legal Services purchase specific services, such as an uncontested divorce, for a flat fee. For example, when a client receives services from a lawyer through Avvo for $149, Avvo collets a $40 marketing fee.

All of this done on a website, and most probably on Avvo’s mobile site. Makes sense in that consumers purchasing legal services on Avvo would want to do so just the way they purchase everything today. A whopping 70% of Amazon consumers purchase on mobile.

What does the NYSBA offer for access to legal services?

A dated website with limited legal information, much taking consumers to pdf’s on government sites, resulting in a disjointed and confusing experience.

The bar association does have an 800 number call-in lawyer referral service and $35 service for talking to a lawyer. I question how the NYSBA numbers compare to New York consumer traffic on Avvo.

Avvo is a technology company with financial partners whom backed the likes of Zillow, a household name. With a fleet of developers, Avvo brings regular upgrades and feature enhancements. A non-profit voluntary bar association, understandably, could never bring the consumer experience and service Avvo does.

What does the NYSBA find so wrong with Avvo’s access to legal services program?

Avvo benefits finacially from the service. Seriously.

From the ABA Journal, quoting the NYSBA opinion:

Because Avvo lawyers are assigned a rating on a scale of 1 to 10, and “the Avvo website also extols the benefits of being able to work with highly rated lawyers,” While this opinion doesn’t forbid lawyers from using ratings generated by third parties in its advertising, “Avvo Legal Services is different. It is not a third party, but rather the very party that will benefit financially if potential clients hire the lawyers rated by Avvo.”

Rather than looking to leverage technology to improve service, like every other industry, the NYSBA heads in the opposite direction.

I agree with Avvo’s Chief Legal Officer, Josh King in his response to the opinion.

[The NYSBA Opinion] …actively discourages lawyers from using technology to reach out to clients who see an increasing gap between them and meaningful access to the legal system. And if there is one opinion, one voice, in this discussion that should be amplified, it is not that of the New York State Bar Association or of Avvo, but that of the consumer.

Rather than jumping on the NYSBA for limiting access to legal services, all I saw from lawyers and law firms was joy that Avvo took in it the shorts.

There’s plenty I don’t agree with about Avvo, but I’m not going to say good for limiting consumers access to legal services because I don’t like that Avvo salespeople called the lawyers in my firm or that Avvo rates lawyers, the same as Martindale-Hubbell did for 100 years.

I also wouldn’t cheerlead the prevention of lawyers willing to do so from offering fast, simple and cost effective flat fee legal services. It didn’t work for cities looking to prevent drivers from Uber lifts and it shouldn’t work for a trade association looking to prevent lawyers from helping consumers.

Of course we can split hairs as to “If only Avvo just did this or that, the NYSBA would have said all’s good.” I don’t buy it. I see bars, with some exceptions, jumping on Avvo, LegalZoom and RocketLawyer as if it were sport.

Lawyers, if they truly care about access to legal services, are going to need to come to grips that the solutions to do so are likely to come through the private sector. It’s the private sector which has driven change and consumer services across the Internet.

The delivery of legal services will look different than in the past. Companies, and their investors, will make money in the process.

But that’ll be okay for those of us standing up for the little guy — consumers.


NYSBA sides against consumers on access to legal services posted first on https://fergusonlawatty.wordpress.com