Total Attorneys Blog

What's in a Cloud

Wednesday, November 10, 2010 10:25

cloud

Cloud Computing has been delivering Software as a Service (SaaS) for some time now, and for nearly as long those terms have been confused and misused.  Many professionals who take advantage of Cloud Computing and/or SaaS every day don’t understand the distinction or how those terms relate to their businesses. In this blog post I’ll clear the air on terms like Cloud Computing, SaaS, and how they touch 77% of the North American population and the 1.73 billion worldwide internet users today.    Many of those users entered the world of Cloud Computing and SaaS without ever realizing they were doing so, through early applications like free Hotmail accounts.

In the Beginning

Google’s CEO, Eric Schmidt, is often credited with first using the term  “Cloud Computing” in the mainstream media in 2006. Software as a Service (SaaS) was first officially coined by the Software & Information Industry Association in a 2001 article. But, like all technical terminology that makes it into main-stream media, the technical under-pinning has been in place for years.

I’ll get to what makes Cloud Computing and SaaS tick in a later post – for now let’s define some terminology a little more clearly.

What is SaaS?

CIO magazine has a great definition of SaaS, or Software as a Service:

Generally speaking, it’s software that’s developed and hosted by the SaaS vendor and which the end user customer accesses over the Internet. Unlike traditional packaged applications that users install on their computers or servers, the SaaS vendor owns the software and runs it on computers in its data center. The customer does not own the software but effectively rents it, usually for a monthly fee. SaaS is sometimes also known as hosted software or by its more marketing-friendly cousin, “on-demand.”

It’s great because it’s approachable andnot terribly dense with technical concepts. The valuable takeaways here are: SaaS applications are hosted by the vendor, accessed via a browser, and the pricing model is pay-to-play rather than a large up-front purchase price typical of the shrink-wrap software world.

How is Cloud Computing Different?

While the term “Cloud Computing” is often used interchangeably with “SaaS”, that’s not technically correct. The National Institute of Standards and Technology has a thoughtful definition of Cloud Computing and some under-pinning tenets. Click through if you’d like, but believe me it’s not as easy to grok.

The subtle way in which these terms relate can be thought of like this: companies can create SaaS applications because the Cloud Computing technologies make it possible. SaaS must be delivered via Cloud Computing, but Cloud Computing may be used for purposes other than delivering software as a service.

For example, the Total Attorneys High Performance Marketing product and Virtual Law Office product allow attorneys to work within a browser-based application. Our customers pay for those programs on an as-used basis (monthly or per prospective client). All technical infrastructure, automatic updates, end-to-end security, and diligent uptime are handled by Total Attorneys. That’s what makes them Software as a Service. Cloud Computing technologies allow us to provide applications with those characteristics behind-the-scenes.

In my next blog post I’ll go more in-depth on the Cloud Computing technologies. But for today, since media, consultants, and pundits tend to use Cloud Computing, SaaS, Cloud Apps, and Cloud-Based interchangeably, if the subtlety is lost, don’t sweat it.  All you really need to know Cloud Computing technologies are used by companies to deliver Software as a Service to customers so they don’t have to worry about security, infrastructure, system updates and large cash outlays.

Ethics Pitfalls - Communication

Monday, November 08, 2010 11:51
When clients walk through your door, they are often in unfamiliar, intimidating and frightening territory as they navigate our adversarial legal system.  Perhaps this is their first attorney-client relationship.  It may prove to be their only one. 

As with any relationship, communication is key.   ABA Model Rule 1.4 addresses a lawyer’s duty to communicate with clients and provides in part that a lawyer shall “keep the client reasonably informed about the status of the matter” and “promptly comply with reasonable requests for information.”  The ABA Comment notes that reasonable communication between lawyer and client is necessary for the client effectively to participate in the representation.  Most states have adopted a version that is similar, if not identical, to the ABA model rule.  Few would argue with those principles, but your idea of “reasonably informed” and “promptly” may well differ from that of your client, who is in a high-stress situation and feeling powerless and dependent.

We’ve all had the client who needs a higher degree of hand-holding, even comforting.   And with an already hectic schedule, it may be tempting to ignore the messages from this client particularly when there is no new development in their matter.  Keep in mind, though, that the client who is inclined to repeatedly call your office for ongoing assurance of the progress in their case would likely demonstrate the same zeal in the disciplinary counsel’s office.  Although there may be no new developments to report to the client, or only uneventful progress such as status calls, your client may interpret silence from your office as a sign of trouble and not as an indication that all is well and on track. 

Statistics show that a large percentage of grievances filed by clients allege a failure by their attorney to keep them informed about the status of their legal matter. To illustrate, the 2009 Annual Report issued by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois reported that just over 17% of all investigations docketed in that year included an allegation of failing to communicate with the client, second only to allegations of neglect.  Could many of those complaints have been avoided with a simple phone call to say “everything is under control” or “no response yet, but I’ll get in touch as soon as I hear”?

There are more methods of communication available to us than ever before:   e-mail, cell phones, texts, faxes, and traditional paper correspondence.   Find out what works best for you and your client, keep them informed, and keep the lines of communication open.




Trick-or-Treaters Visit Total Attorneys

Thursday, November 04, 2010 13:29

Our Halloween visitors were a delight--as you can see, we had as much fun as they did. Thanks for visiting, kids!

Happy Halloween

Friday, October 29, 2010 14:20

happy_halloween

Halloween might seem like a silly Holiday, but here at Total Attorneys, we take this holiday pretty seriously. Cobwebs, giant spiders, light-up ghosts, and caldrons of candy cover both floors. If you visited our office today, you might bump into the cast of Mad Men in the IT office, Hamburglar working on a contract in the legal department, or a snow bunny in the call center.You can be spooked by sharks, witches, black cats and the big bad wolf, play fetch with Clifford the Big Red Dog, follow Alice down the rabbit hole and help Mr. Potato Head decide which pair of lips to wear today.

Today is a great day to step outside of the normal routine. It gives us the freedom to dress up, be someone more daring than we are in everyday life, and get outside of our comfort zones. On Halloween, we can view the world from a different perspective: through the mask of a superhero, the sunglasses of a rock’n’roll musician, or perhaps the hooded cape of a villain. In addition to changing our perspective, we also get the chance to alter the way others perceive us by showing them a different side of our personalities. You may not be dressed up as a super hero, mingling with the walking dead or trying out a new hair color, but you can still use today as an excuse to be creative in your office and look for new ways to manage your practice and market your law firm in ways that give you and your clients new and fresh perspectives. From everyone here at Total Attorneys, have a happy Halloween!

A View From the Cheap Seats: Where Law Schools Are Failing

Thursday, October 28, 2010 13:17
I didn’t go to law school, so this is from the perspective of someone whose company works closely with law firms to meet their practice management needs, as well as from an employer perspective. As a member of this industry, I’ve read and heard lots of stories about unemployed or underprepared law school graduates.


Higher education institutions in general, and law schools specifically, are receiving tremendous criticism from recent graduates who are unable to find a job. Not finding a job right out of school might not be that unusual, but exorbitant tuition prices and historic levels of student loan debt make the job searching process a tough pill to swallow. What is it that law schools aren’t teaching that employers want graduates to have? What do you wish they had taught you in law school?

My guess is that it’s the skills that are required in a 21st century work place. Possessing knowledge is not enough anymore. Knowledge can be outsourced to India or automated by computers. Successful people are those who can synthesize information, and use that to build strategy.

I would also venture guess that the ability to adapt to change is important to employers but not taught in law school. Consumer demand is driving change in the legal industry at all levels. The traditional law firm model is the opposite of what consumers want. Successful law firms will be those that meet this demand, and successful lawyers within those law firms will be those who are comfortable leading this change.

Finally, I think that the ability to relate to clients and hear their stories is an important part of being a lawyer but not necessarily in the curriculum of law school. Understanding a client’s situation, listening to their story, and using these things to better represent them will lead to client satisfaction, and consequently, retention of clients for the firm.

As an employer, what are the top skills you want new employees to have as they enter the work force? As a new graduate, what skills were missing from your college or graduate school curriculum?

November Insight Newsletter - A Discussion on Virtual Law Office Technology

Wednesday, October 27, 2010 10:28

Total Attorneys CEO Edmund Scanlan discusses Virtual Law Office Technology with our team. Learn more about who it’s for, how it helps attorneys and clients, security, features and more in this brief video.

Total Expert Radio Recap - Law Firm Staffing Alternatives: Contract Lawyers

Tuesday, October 26, 2010 16:52

On October 15, I hosted Total Attorneys’ monthly Total Expert Radio show with a discussion on how to use contract lawyers as a law firm staffing alternative. Our featured guest for this show was Lisa Solomon, an expert in legal writing and contract lawyering. This show was filled with useful tips, but here are a few highlights in case you missed it:

  • You don’t have to think of outsourcing as “sending your work to India.” There are many attorneys right here in the U.S. that you can hire on a contract basis.
  • If you are a true solo, you many not want to hire any employees but you man want to hire a contract lawyer to help you pick up the slack during busy seasons, to assist you in research when you are under heavy deadlines or to make court appearances for you when you need to take a week off from the office.
  • Hiring a contract lawyer can be profitable. In most states, attorneys can mark up rates for contract lawyers, thus making a profit. Just be sure that the rates you charge clients are fair and reflect the contract attorneys’ experience and level of expertise.
  • If you need guidance regarding ethics and contract lawyers, take a look at ABA Formal Opinion 08-451 or your state rules. In most cases, ethics rules that would apply to associates in your law firm also apply to contract lawyers.
  • Solomon suggests looking for contract lawyers who bring a little something extra to the table. To help cut overhead costs, try to work with contract lawyers who carry their own malpractice insurance, have their own research tools and have their own office or home office.
  • Finally, don’t forget the contract. When working with a contract lawyer, you should have a written agreement that includes terms such as confidentiality, fees, disbursements and choice of law in the event of a dispute.

For more information, you can listen to the full show here or download Lisa’s guide on using contract lawyers by visiting her website at www.questionoflaw.net.

Can you see the future of small practice law?

Friday, October 22, 2010 08:38
Photo_for_Gen_y_blog_postAt Total Attorneys we talk to a lot of experts about “the future” of legal services. In different areas, with people of different backgrounds, big law, solo practice, legal technology, so I thought I would throw my hat into the ring. Not as an expert per se, but as a gen y’r, who has grown up as a digital age consumer.

We live in a world today where myself, and many of those close to me in age and education would agree, we believe anything is possible. We are not bound by geography, we have friends all over the world we talk to everyday on facebook or linked in. We buy our groceries online and have them delivered to save time. We bank online avoid traditional teller lines. We rent cars for an hour at a time, helping the environment and saving tons of cash on a car that sits in a garage.

In short, our expectations are a lot different than the expectations of the average consumer a decade ago.  And each year, we make up a larger portion of the market for services, including legal services.  

That’s good news for small law firms and solo practitioners. Because what we’re looking for isn’t about multiple floors in prime office buildings and law firms that can claim a 100-year history.  We’re looking for professionals who can interact with us on our turf, in language we can understand, in the kind of timeframe we’re used to operating within.  We’re looking for professionals who are adaptable, who communicate with us in ways that are familiar to us and comfortable, and who don’t respond to our inquiries at snail-mail speed.

We’re open to new solutions like unbundled legal services, and we’re ready to take on more of the work ourselves but recognize that we need solid information to do that.  But we’re frustrated in our efforts because legal services are one of the few areas in our lives—perhaps the only one outside personal grooming and healthcare—that we can’t access online. 
Are you ready to be part of the solution hundreds of thousands of us are looking for?

What They Didn’t Teach You in Law School #16: How to Convince Someone to Become Your Mentor

Tuesday, October 19, 2010 15:07

When you were in law school, your teachers and advisors probably told you how important it is to find good mentors to help you through various stages of your legal career. You also followed all the tips and tricks on where to meet good mentors: You attend the bar association events, engage in dialogue on LinkedIN, and pay attention to who’s who and what’s what in your practice area. You exchanged business cards, you emailed, you sent in your resume and you even included a few potential mentors on your holiday greeting card list. So, why hasn’t anyone jumped at the opportunity to become your personal source of guidance? After all, you know you would be an excellent protégé.

Maybe it is time to stop thinking of ways other people can help you get what you want out of your career. Instead of reaching out to people to ask them what they can do for you, try offering them something valuable in return. While you may not be an expert in foreclosure defense cases, maybe you can offer your expertise in bankruptcy law. If you are just starting out, maybe you have some sort of non-legal experience that would be useful to an attorney who is new to technology, web-based services or social networks.

With more and more graduates entering the legal field each year, you might not be the only attorney looking for a mentor. Find ways to stand out and make it worthwhile for people to take you under their wings. For more tips on how to get experience as a new or transitioning lawyer, check out this recent post on Law.com.

Connecting the Dots

Friday, October 15, 2010 15:58

When talking to attorneys who are just starting their own law firm or solo practice, I often suggest ways to define their niche markets and focus their practice areas to develop areas of expertise. While this is often good advice, it does not mean that attorneys should narrow every aspect of their life to fit one law firm model or practice area mold.

Instead, it is also important to pursue a few interests that may be seemingly unrelated to your niche practice or specific goals for your law firm. Instead of sticking to a rigid step-by-step plan to build your practice, make room for diversions, impulses and offbeat experiences. By broadening your horizons and taking advantage of a diverse range of opportunities, you can take on your work with a fresh and creative perspective.

In a recent interview with @22twts, self-proclaimed “mumpreneur” Melanie Hatton referred to a quote attributed to Steve Jobs: You can’t join the dots looking forward, you can only connect them looking backward. So you have to trust that the dots will somehow connect in the future.”

You can take a look at her recap of the interview here. What interests do you maintain out of work and how have they helped you connect the dots?

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