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![]() E-COUNSEL --Thursday, December
1, 2005
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| Articles |
TALK IS
CHEAP: LOW COST LAW FIRM INITIATIVES CAN CEMENT RELATIONSHIPS
WITH IN-HOUSE COUNSEL
The 2005 Chief Legal Officer Survey, conducted annually by
the Association of Corporate Counsel (ACC) and Altman Weil,
Inc., has just been released. The Survey reports Chief Legal
Officers’ increased satisfaction with outside counsel for
the first time in six years.
“For the first
time since the Survey’s inception in 2000, we’ve seen a marked
decrease in the number of CLOs who are dissatisfied with one
or more of their outside law firms,” notes Altman Weil principal
Dan DiLucchio. “And the tactics firms are using to improve
their performance are simple – listening to client concerns,
providing more and better progress reports, and learning about
their client’s business.”
Outside
Counsel Relationships
Just 48% of CLOs report that they have fired or are considering
firing one of their outside law firms in 2005. This is down
18% from 2004 and below 50% for the first time since the Survey
was launched in 2000. The reasons given by those unhappy with
outside counsel were lack of responsiveness, followed by mishandling
a critical matter, cost management issues, and poor quality
legal work.
When asked what
steps outside counsel had taken to improve the working relationship
with the law department, the top response was improved communication.
Learning about the client’s business and cost / pricing considerations
were tied for second. Other relationship building efforts
named were offering training to in-house lawyers, developing
personal relationships through outside activities and seeking
formal feedback from clients.
CLO Priorities
for 2006 and Beyond
Chief Legal Officers were asked to select the top three areas
in which they expected to spend the greatest amount of their
time in the next 12 to 18 months. Transactional work scored
highest, with 51% of CLOs identifying it as their number one
priority, followed by departmental management, ranked first
by 46% of respondents. Additional areas in rank order were
compliance, Board relations, outside counsel management and
litigation.
When asked about
long-term concerns over the next 3-5 years, Chief Legal Officers
identified compliance as their number one concern, with electronic
discovery and records management a close second. Other concerns
voiced by respondents were for adequate resources to manage
their departments, including time, money and staff.
Concerns
for Personal Liability
The Survey reports that 35% of CLOs are ‘more concerned than
ever’ about personal liability for corporate misconduct, with
an additional 63% stating they are ‘just as concerned as always.’
38% of respondents have changed their behavior based on their
concerns, putting greater emphasis on documentation and record-keeping,
E&O and D&O insurance, and training of corporate executives
and staff.
Threats
to Attorney-Client Relationship
When asked which prosecutorial tactics most affects the attorney-client
relationship, 65% of Chief Legal Officers named ‘waiver of
privilege.’ The second most frequent response was ‘in-house
counsel being called as a fact witness,’ followed by ‘CLO
as target defendant’ and ‘CEO or Board member as a target
defendant’ tied for third.
Law Department
Hiring
The Survey reports in-house hiring should be slightly lower
in the coming year. 35% of Chief Legal Officers anticipate
hiring new in-house lawyers in the next 12 months, compared
to 37% in 2004. Regarding overall use of outside counsel in
the same time period, plans to decrease use slightly outpace
planned increases, 20% to 16%.
About the
Association of Corporate Counsel, Altman Weil
The Association of Corporate Counsel (ACC) is the in-house
bar associationSM serving the professional needs of attorneys
who practice in the legal departments of corporations and
other private sector organizations worldwide. Since its founding
in 1982, the association has grown to more than 18,500 members
in over 50 countries who represent 8,000 corporations.
Founded in 1970,
Altman Weil, Inc. provides management consulting services
to law firms, corporate and government law departments and
legal vendors throughout North America, Latin America, the
U.K. and Europe. Altman Weil is also known for the many legal
economic and management surveys it conducts and publishes,
including the Law Department Compensation Benchmarking Survey
published in association with ACC.
Complete results
of the 2005 Chief Legal Officer Survey, based on 89 responses
received at ACC’s Annual Meeting in Washington, DC in October
2005, are available online at www.acca.com/Surveys/clo2005.pdf
and www.altmanweil.com/CLO2005.
For more information about the Association of Corporate Counsel
go to www.acca.com.
For more information about Altman Weil, Inc. visit www.altmanweil.com.
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NEW ATTORNEYS
AND LAW STUDENTS: THE LEGAL JOB MARKET
"The job
market is looking pretty strong, a little better than last
year," says Karen Katz, managing director with Law Practice
Consultants of Boston. "Experienced people still carry
the day if you haven't bopped around too much." ........(more)
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| NSBA
NEWS |
SUPREME
COURT LAW LIBRARY PROVIDES INTERNET ACCESS FOR PUBLIC
The Nebraska Supreme Court has authorized public access
to the Internet from within the State Law Library. The installation
of the Library site creates the only publicly accessible connection
to the Internet from inside the State Capitol and provides
an important way for the Court to continue to fulfill its
mission to preserve and promote access to a broad range of
legal information and ideas.
“The Library staff
is excited about offering this new research tool to the public,”
said Marie Wiechman, Director of the State Law Library. “It
will help our visiting students, lawyers and the general public
in their research; particularly when used in combination with
our printed materials.”
Permanently located
on the third floor of the State Capitol, the Nebraska State
Law Library is primarily a reference research library managed
by the Nebraska Supreme Court. The computer access site is
located at the front of the main room, directly across from
the check-out desk.
The computer station
contains word processing (Microsoft Word), Nebraska Westlaw
legal research with Keycite, a list of the Librarian’s favorite
sites for research, and an open portal to the Internet. Patrons
can print information at a minimal cost, use web based e-mail
to send information to another location for printing, or copy
information directly to a jump/flash drive.
According to Library
Director Wiechman, “The Internet enables us to electronically
connect to ideas, information and commentary from around the
globe and to offer access to many valuable local, national
and international resources. We will continue to expand the
availability of this type of service based on public use.
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UPCOMING CFI EVENTS
Please
mark your calendars for any or all of the upcoming CFI events
in 2006.
April 22,
2006 – 3rd Annual NLAP Race Judicata at Chalco Hills
Recreation Area, Omaha. Run & Fitness Walk to Benefit
Nebraska Lawyers’ Assistance Program (NLAP) 10K (6.2 miles)
& 2 mile fun run/walk. Men and women runners; law firm/other
team competition. Registration includes event t-shirt. Medals
awarded to top 10 men and women and trophies to top 3 teams.
May 20,
2006 – 2nd Annual Barristers' Ball, Doubletree Hotel,
Omaha. Proceeds from the Ball will go to support the Minority
and Justice Implementation Project. This event will include
dinner, live and silent auctions and a dance, as well as honoring
members of the NSBA who hae been deemed "Visionaries"
for their efforts.
June 12,
2006 – 3rd Annual NSBA-CFI Greater Nebraska Golf
Scramble, Lochland Country Club, Hastings. Registration includes,
golf cart, driving range, lunch and dinner. Prizes awarded
to the top two teams, along with hole prizes and raffle items.
Proceeds will benefit VLP.
August
21, 2006- 10th Annual NSBA-CFI Golf Scramble, Firethorn
Country Club, Lincoln. Registration includes, golf cart, driving
range, lunch and dinner. Prizes awarded to top teams in two
flights, along with hole prizes and raffle items. Proceeds
will benefit VLP.
More detailed information
to follow in the upcoming months. If you or your members are
interested in further information on any of these events,
please contact Sam Clinch
at 800-927-0117, ext. 25.
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ADD NSBA EVENTS DIRECTLY TO YOUR OUTLOOK CALENDAR
Simply click on the
meeting you wish to download from the NSBA
calendar and when prompted click the "Open" button.
An Outlook appointment screen should then appear. Click the "Save
& Close" button to save to your calendar.
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SEVEN SUBMIT THEIR NAMES FOR DISTRICT JUDGE IN THE 3RD JUDICIAL
DISTRICT
LINCOLN – Ruriko
E. Bishop, William G. Blake, Jodi L. Nelson, James A. Snowden,
Gerald L. Soucie, Susan I. Strong, and Martin W. Swanson,
all of Lincoln, have submitted applications for appointment
as District Judge in the 3rd Judicial District consisting
of Lancaster County. The vacancy is due to the retirement
of Judge Bernard J. McGinn.
The public hearing of the Judicial Nominating Commission will
be held in the Supreme Court Courtroom at the State Capitol
in Lincoln, Nebraska, beginning at 10:00 a.m. on Tuesday,
December 13, 2005. The Commission will review all applicants
for the office at that time. The public is welcome to attend
the hearing and present information concerning candidates
for the judicial opening.
A listing of the members of the Judicial Nominating Commission
can be found on the Nebraska Judicial Branch Web site at www.nebraskacourt.com/jnc/rosterdc3.htm.
For special accommodations relating to the Americans with
Disabilities Act, please call (402) 471-3730. For persons
with hearing impairments, please call the Nebraska Relay System,
7-1-1. AA/EOE.
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NEBRASKA LEGAL DIVERSITY WEBSITE
Is your firm or organization hiring? Are you looking
for a more diverse group of applicants? By registering with
the Nebraska Legal Diversity Website you can post job descriptions
and solicit résumés from a diverse group of
attorneys for free. The website also provides access to valuable
links and resources with information about how to improve
the diversity of your firm or organization. Website sponsorship
opportunities are also available. Demonstrate your commitment
and increase your visibility by becoming a sponsor of Nebraska’s
Legal Diversity Website today!
www.nelegaldiversity.org
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BEST PRACTICES SEMINAR FOR THE FALL
OF 2005
The seventh installment of the Best Pratices Series is scheduled
at the Regency Lodge in Omaha on December 13, 2005. The topic
is Landlord/Tenant Issues/Closing by Matthew McKeever. Click
here for additional information and the registration form.
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GREAT PLAINS TAX INSTITUTE
The 2005 Great
Plains Federal Tax Institute is meeting in Omaha at the
Embassy Suites-Old Market on December 1 and 2, 2005
The program will
feature current developments in Income, Estate, and Gift Tax
and much more up-to-the-minute tax information of interest
to CPAs, Attorneys, Financial Planners, Life Insurance Professionals
and other Tax Professionals.
Click here for the current press
release.
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| CLE
UPDATES |
NCLE SECTION CALENDAR
Click here for a calendar of 2005 CLE programs to be offered in
upcoming months.
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UPCOMING CLE
2006
Estate Planning & Probate Seminar
Trial
Skills Seminar
2006
Commercial Real Estate Seminar
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SNEAK PEAK
AT PROBATE SYSTEM V
A few weeks age, at the annual meeting of Nebraska State Bar
Association ("NSBA"), we had a sneak peak of Probate
System V presented by our partner and software developer,
Basha Systems LLC. Seth Rowland, Esq., the President of Basha
Systems conducted four workshops and numerous private presentations
of the new Probate System V which will go into beta in the
first quarter of 2006 and be ready in the second quarter of
2006.
Probate System
V is a tool for Nebraska attorneys to handle their probate
matters. For starters, it includes an electronic form of all
the articles, checklists and forms found in the printed Probate
System IV manual. The system includes a dynamic table of contents
that lets you review each chapter of the book and print out
estate-specific checklists that can be edited in your word
processor. Probate, guardianship and conservatorship forms
can be printed in "blank" or can be assembled using
client-specific data.
MANAGEMENT
OF CLIENT DATA: Probate System V excels at managing
your client-specific data with a comprehensive and easy-to-use
interface. The system is organized around the "probate"
or "estate" file. Once you open a new file and assign
it to an attorney, assisting attorney and paralegal, you then
enter information about:
• the decedent and other information currently gathered on
the Master Information List checklist.
• interested parties
• testamentary documents, including the will, codicils and
any separate writings having a bearing on the estate
• estate assets and distributions
This information need only be entered once. However, you can
change or update this information at any time.
COMPREHENSIVE
SET OF FORMS: Probate System V includes over 225
forms and checklists. Each form interview includes the complete
reference text for such form found in the Probate IV manual.
Forms can be assembled in blank or with client-specific data
gathered during the file interview and document-specific interviews.
You can access forms either by chapter and section of the
manual or by form number.
CUSTOMIZATION:
Probate System V goes beyond the typical document assembly
system. With Probate System V you have extensive customization
options. You can customize the pleading captions and signature
blocks. You can add electronic letterhead. Each form itself
can be customized so that your firm's version of a particular
form is used in lieu of the shipping form. In addition, you
can create your own custom pleadings, letters and memos using
the information in the client's estate file.
PRACTITIONER
TOOLS: Along with the forms come extensive practitioner
tools to help you manage your estate file. The system ships
with a handy tool for summarizing the provisions of your client's
will. As you review your client's documents (the will, codicils,
trusts and separate writings), you can take notes on each
provision which will require action, note the type of provision,
the section of the document, the text of provision, and the
affected persons. You can then print out a complete report
organized by document, type of provision and affected person.
The system also lets you inventory the assets of the estate
and track distributions of those assets. While estate tax
forms and estate accounting are not currently supported, the
data gathered in the assets and distributions table can be
used to simplify the estate tax preparation process.
PRICING:
The product will licensed on the basis of number of opened
estate files. The software will be free. Updates will be free.
Technical support will be free. The initial purchase price
of $200 will include free remote installation and configuration
of the software for your practice and four estate files. Additional
estate files can be purchased for $50 per file, with the price
dropping to $25 per file for prepaid purchases of 100 or more
estate files for your firm.
There is no limit
on the time you have to use the software or the number of
documents you can create for a given estate file. There is
no limit to the number of machines on which you can install
the GhostFill client software, so long as the templates are
on a shared network drive. There will be no annual update
or maintenance fees. The only charges will be for additional
estate files or for consulting services in connection with
customization of the shipping forms or creation of additional
forms.
SUPPORT:
Support for the system will be provided both by NSBA and Basha
Systems. Initial calls should go to NSBA. Email support will
be provided by Basha Systems along with remote desktop assistance
where required. In addition, we will be establishing an electronic
discussion forum for discussion of revisions to the forms
and support issues. You will receive notifications of any
replies to your posts. We will also be scheduling period web-training
classes on the use of the product conducted by Basha Systems.
PREVIEWS
AND AVAILABILITY: Probate System V is still under
development. We hope to have it ready for beta testing in
the first quarter of 2006 and then available for purchase
in the second quarter of 2006. During this period, you will
be invited to attend free web-conferences where you can see
a preview of the system and have an opportunity to ask questions.
Seth Rowland has scheduled a GoToMeeting session for this
coming Monday December 5 at Noon, Central Standard time. The
meeting is limited to 25 participants. If you cannot make
it at noon Monday, see the schedule below for upcoming preview
meetings.
Please join us
for an On-line meeting and Conference Call to discuss the
upcoming release of Probate System V and get a sneak preview
of what is coming down the pike. Meetings will be held on
Mondays at Noon. Set your browser to https://www.gotomeeting.com/join/902587435
. Then dial into the conference number (641) 985-1010, and
use access code 902-587-435. See you there.
His plan is to
do regular lunch meetings on Mondays each week on December
5, December 12 and December 19. We pass on December 26, but
resume on January 9, January 16 and January 23 and January
30. This meeting is set up as a Recurring Meeting, so the
Access code should not change.
CONTACT
PERSON: Kathryn
Bellman, Director CLE
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| RESOURCES |
PRACTICE MANAGEMENT
TIP: DOCKET AND CASE MANAGEMENT ISSUES
Using a docket
and case management system is essential for maintaining control
of your practice. Timely and accurate communication with your
client is a part of case management as well. Consider implementing
these procedures.
· Computerized
docket system with a minimum of one paper back up system and
off site storage of backup discs
· Calendars cross-checked by more than one individual
· Formal procedure for opening, logging and distributing
all received mail, including stamping date received
· Training for staff on the proper use and management
of all office procedures
· Making arrangement for a back up attorney if you
are suddenly unable to practice. Often a county or local bar
association can assist with this process.
· Return all client phone calls promptly, within 24
hours if possible. Ask staff to return a call and explain
the delay if you cannot personally respond.
· Send regular communications on the status of the
client's matter, even if there is nothing new to report.
· Send copies to your client of all work being done
on their behalf.
· Document all discussion with the client and follow
up in writing to the client.
· Don't continue hearings or trials without the client's
consent.
· Review files periodically even if no action is immediately
required.
· Use file-closing letters at the end of a representation
to confirm that the representation has ended or is finalized.
· Consider using an end-of-case thank you letter and
request they complete an evaluation questionnaire.
This document
is reprinted by permission of Marsh Affinity Group Services,
a Service of Seabury & Smith. It is not intended to prevent
any legal malpractice action. It should be used only as a
guide for implementing procedures that could lead to the
avoidance of such actions.
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