After each deposition, argument, negotiation or pitch, I spent a moment thinking about what I did well and what I did poorly.

An internal pat on the back for anticipating how a witness might try to evade a question.

A metaphorical slap upside the head for not having a better handle at argument on cases cited in my opponent’s brief.

By taking a tiny slice of each day to reflect on my work, I became a more effective lawyer.

This, still, is the number one complaint against attorneys that are filed with the State Bars across the country.  I find that my very prompt responses to attorneys who call me to inquire about my coaching and consulting services are surprised, sometimes even shocked, that I am so quick to respond to their inquiries.

This single feature has resulted in many engagements over the years of my coaching practice.

I also do my best thinking at this time of the day.

On the very rare occasion I sleep past this time, I feel like half the day is gone. I have lost “my” time.

And, yes, if you try to interrupt this time, I will ignore you.

Messages get tagged by client name.

Every client tag has a designated color applied that stands out.

I also filter non-client email messages whenever possible.

It’s the color coding and auto-tagging that keeps my inbox organized. This tip will be ridiculously simple for most readers, but I’ve happily used it for years.

KISS & Tell 

KISS: Keep It Short and Simple.

We’re not publishing our typical blog format of 300-500 words wordy posts on the theme of the month. Instead, we we’re publishing posts that  describe what quick, uncomplicated, untechnological habits or practices make all the difference to your practice, in 100 words or less.

Yes. That is correct. 100 words.

Send your responses to: communications.team [at] goclio.com.

My last 20 words:

A quick, uncomplicated and untechnological habit, recently developed, that makes all the difference: standing while working.

I haven’t looked back.

Simply put, Draft is a browser-based writing tool that removes all the clutter of menu and format bars so text is the focus. Using keyboard shortcuts, you can add formatting like bullet lists, links and the like. For me, that’s proven to be incredibly helpful. I’ve stopped paying attention to how things look on the page and just straight up write.

The biggest selling point for me, though, and why I keep raving about Draft, is its collaboration feature, or what Draft calls Version Control. No login required.

Exactly. Read that again. No. Login. Required.

When I’m done writing an article, like this one on social search for Attorney at Work, I just send a link and they have rights make edits, which I then see, compare to the version I sent for review and choose to accept or reject the edits. I was amazed at how easy it was, for both me and the people reviewing my work. Draft removes all the annoyances of sharing, heck of just using, Google Drive.

One problem I had, though, was that I had…er…have, so much content in Evernote, the aspect of copy/pasting to Daft was unappealing. I imported a couple pieces, only to find myself having to copy/paste back into Evernote to work on it later while on the bus, or standing in line at the store. Then, poof! Nathan Kontny, who is the man behind Draft, rolled out a whole host of updates, including bidirectional sync with Evernote. Problem solved!

Draft is now my default writing tool. Added bonus: it connects with Twitter, Tumblr, WordPress, Blogger, LinkedIn and even Mailchimp. Always curious, I connected my Draft account to my personal blog and for the past month, I have used Draft to write and publish posts. I find it incredibly easy, both to write and to publish. Fewer clicks, more writing.

If you do any kind of writing, find yourself getting stuck or distracted by menu bars or overly concerned about format instead of content, try Draft. It’s free.

In a word, and according to DropBox, no. Here’s the answer provided by Dropbox on its website as of the date of this post:

“Dropbox complies with the U.S. – E.U. Safe Harbor Framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Unfortunately, Dropbox does not currently have HIPAA, FERPA, SAS 70, ISO 9001, ISO 27001, or PCI certifications.”

Throw in data privacy requirements of the various states such as Massachusetts (e.g., 201 CMR 17.00 PDF), many cautious attorneys should choose against Dropbox. But they don’t. In a room full of 175 CIOs and CTOs from a wide spectrum of law firms at the recent CIO CTO Forum held in conjunction with LegalTech in NYC this year, an informal survey found that many of the practicing attorneys at these firms try to use Dropbox—much to the IT department’s clearly discussed peril and chagrin.

Let’s face it, Dropbox is very easy to use—and therein lies the reason the practicing attorneys continue to use Dropbox, despite their better judgment. This is especially true of the solo or small firm practitioners who would otherwise not be able to avail themselves of the business advantages provided by Dropbox such as low-cost data backup services if a natural disaster renders the on-premises system unrecoverable.

The question is: Is the fix worth the consequences?

Don’t Throw the Baby out with the Bath Water

This is not to persuade avoiding the use of online storage altogether; that argument, quite frankly, is nearly anachronistic. However, it would be prudent for practicing attorneys to research the applicable data security and data privacy requirements for their practices. A good place to start is the  American Bar Association Cloud Ethics Opinions section that lists ethics opinions by state bar. A review of these state ethics opinions indicates that there is no absolute bar against an attorney using cloud storage for confidential data, but lawyers must exercise “reasonable care” in the selection and use of the cloud storage.

For example, in New York, attorneys are recommended to check, and do, the following:

• Vendor must have an enforceable obligation to preserve confidentiality and security, and should notify lawyer if served with process for client data.
• Use available technology to guard against foreseeable attempts to infiltrate data.
• Investigate vendor security practices and periodically review to be sure they remain up-to-date.
• Investigate any potential security breaches or lapses by vendor to ensure client data was not compromised.

But these guidelines differ from state to state.

Due Diligence: Steps You Can Take

While the above list is not meant to be exhaustive, it illustrates the level of due diligence practicing attorneys should exercise when investigating the possible use of a cloud storage vendor under the applicable bar ethical rules in order to demonstrate their satisfaction of the “reasonable care” requirement.

Although the specific inquiries are dependent on your jurisdiction, a simplified approach would be to focus on how the cloud vendor handles security and confidentiality. An initial inquiry would be the terms and conditions and representations offered by the cloud vendor. If the cloud vendor expressly states that it is not compliant with certain security standards, you must review the sensitivity and legal compliance requirement of the data you intend to entrust to the vendor. Doing so determines if you would be in breach of such requirements by using that vendor, such as Dropbox. Some cloud vendors, however, represent that they are compliant with many security standards including ISO 27001, and provides the security controls customers can use to help to secure electronic health records (for purpose of HIPAA’s security and privacy rules). Amazon is one example, and you can read about its security and compliance here.

Dropbox uses the Amazon cloud but it’s not compliant with certain security certifications because, in part, it does not provide you with the requisite controls over your data. There are cloud providers that do—and that should be a differentiating factor in an attorney’s investigation.

In the end, while attorneys don’t need to be IT experts in order to be compliant with the applicable bar ethical rules, if the cloud vendor says it’s certified under various third-party security standards, that is certainly a good start to (or maybe the end of) your due diligence investigation and exercise of reasonable care.

Certainly, there are aspects of your marketing program that aren’t working. If you have not made the effort to figure out how to effectively measure those efforts, do so now, at this time of rebirth.  If you have made the effort to figure out how to effectively measure those efforts, but have been afraid to pull the trigger with respect to dropping some of your dog marketing forays, work up the courage this Spring to move on.

I’ll help you to get started:

• You still doing print advertising?  Whoa, hold on.  That’s not necessarily a bad thing.  But, if you’ve had the same standard ad running for years without any changes, rather than discontinue it, maybe tweak it, and re-release it, measuring the results of the change over time.  If you have an inkling that it’s the venue that’s the problem, maybe try something new.  Switch newspapers, or look to an alternative publication, targeted to your client base.  Split the budget between print ads and web ads, and see which does better, and try to figure out why.
• Is your blog languishing?  Maybe you suffer from the lawyer’s curse, and can’t write succinctly, feeling as though you must cover every potential eventuality related to any problem.  If you’re publishing one 3,000 word post every month or so, you’d likely get better traction by publishing shorter posts more regularly.  (And, yes, I know I’m being hypocritical here.)  In a culture of overinformation, brevity and frequency count for a lot; and, if you can add quality to that mix, all the better.  Check out what Lee Rosen does at his blog.  For more blogging tips, consider Ernie the Attorney’s new ‘Blogging in One Hour for Lawyers’ title, from the ABA.
• How does your law firm marketing work get parsed out?  If you’re a solo, do you create specific projects for yourself, with deadlines attached?  If you’re a small firm attorney, do you assign yourself, and others, projects and continuing duties, and meet regularly respecting your collective progress?  Or, is your marketing all performed on an ad hoc basis? Creating a marketing plan is essential; but, sticking to it is often the difference between really streamlined marketing efforts, and those that languish.  Setting down goals is really useful; but, creating tasks and deadlines associated with those goals is even more important.  In reality, it’s the only effective way to manage a team of individuals.
• How does your website look on a smartphone?  If you don’t know, it’s time to find out.  A significant amount of web traffic now passes by mobile devices.  If you’ve already got a website, there are a number of platforms available to ‘mobilize’ your content, from built-ins (like WordPress’ Mobile Pack) to third party services (like Mobify).  Chances are, if you’ve got a website, you can acquire a mobile profile with relative ease.
• If you’re like me, you’ve got a bunch of marketing and writing ideas in the hopper. Only, that’s a rather large ‘hoppah.’  Realistically, you’ll never get to them all.  So, sometimes it pays to vet your languishing ideas, to purge the stockpile, if just a little bit.  This will force you to drop certain ideas and proposals that just aren’t going to work, when viewed with a critical eye.  You’ll also be less reluctant about adding new ideas to the mix, because it won’t feel like you’re dropping those ideas into a bottomless pit.  Putting a positive spin on this, you can select your favorite of the ideas from the boneyard, and implement it.

. . .

For more marketing tips, attend the ‘Third Annual Super Marketing Conference: Accelerate Your Marketing,’ on May 16, 2013, at Suffolk University Law School in Boston, or online. The conference is sponsored by Clio, and features a keynote address by Mark Britton, Founder and CEO of Avvo.

For a full program agenda, and to RSVP, visit: www.lunchhourlegalmarketing.com.

Tweet with #LHLM.

Set yourself apart by eschewing negative, demanding language and instead choosing positive, expressive words to get your point across:

Get rid of: “No/I can’t/I don’t know.” Clients may ask you for services that you don’t offer or ask questions that you simply don’t know the answer to. That doesn’t mean you can’t leave them feeling good about your conversation!

Replace with: “I’d be happy to…” or “Let me….” If your firm doesn’t focus on a certain area of practice, offer a referral or the phone number to your local bar association: “While our firm focuses on estate planning, I’d be happy to give you the name and number of someone who practices criminal law.”

Clients may ask you about the status of their case, and there might not be anything to report. Try saying, “There’s no news yet, but let me follow up with you next Friday.” Whether or not you have more information, check in (or have your paralegal or virtual receptionist check in) and let them know. A few minutes on the phone will do wonders for their peace of mind!

Get rid of: “You have to/You need to.” Even with the best intentions, these phrases can sound bossy or condescending and put the onus on your client. They’re probably already overwhelmed with their case, so anything you can do to anticipate their needs will help tremendously.

Replace with: “May I…?” or “The next step is….” For example, “You’ll have to set an appointment” becomes, “May I set up an appointment for you?”

Get rid of: “Uh-huh/Yeah/Kay.” Pronouncing your words fully makes you sound more professional and leads to less miscommunication – especially over the phone where “Uh- huh” is easily confused with “Uh-uh.”

Replace with: “Yes/Certainly/Absolutely!” Enunciate and try not to say anything you would not write. For an extra touch of friendliness, enthusiastic words like “absolutely” show your clients that you’re taking care of them.

No interaction is too small to leave a lasting impression and instill confidence in your clients. These fresh phrases are sure to leave a good taste in your mouth!

Back then, when your love affair was young and blossoming, you’d spend countless unpaid hours trying to please him. He dangled the carrot of a case, the one (or many) that you just knew were destined to help pay off your student loans. You gave him your cell phone number, because after all, “he’s a nice guy” and “what harm is there?”

Now, after the courtship, there’s nothing but hatred. Sure, he still loves you and wants you to “just get this finished.” But you, you’re “otherwise occupied.”

Sometimes, for whatever reason, our fondness for our clients drops. However, no matter how hard we try, it’s also the case that sometimes, we don’t have the guts to quit. Sure, I’ve been stuck, hopelessly short of the hangman’s noose and the cliff’s edge, with more than one sour client relationship; yearning to get out, but too scared or timid to leave. At least, that was until a sage old lawyer gave me one valuable piece of advice.

“Kill ‘em,” he said in a gruff voice. The old lawyer then told me that every six months he gives himself a business present by firing his worst client. It doesn’t matter who it is, how valuable the case, or even what the reasoning is. “I don’t like ‘em, so I kill ‘em.”

So I tried it. Simple and easy, refreshingly effective.

Suddenly, I unlocked a new-found vigor in my legal practice. For no reason, other than my personal disdain, I unshouldered a burdensome client who oppressed my physical, mental and emotional well-being.

Sure, my client got mad. He threatened a bar complaint, threatened to sue me, and he even warned me that he wouldn’t be referring any friends. And you know what? I didn’t care. In fact, I was relieved.

Honestly, I didn’t want his referrals because I didn’t want him, again. I know that people tend to associate with people who have similar attitudes and beliefs, so I’ll pass. I also know that clients get mad all of the time, regardless of the reason. Even with the best outcomes, clients get mad:  “the case cost too much money;” “the case took too long;” and (my favorite), “your fees are too high.”

What I wanted, and eventually achieved, was freedom.

Now, every year I take an evaluation of my client caseload and unburden myself. I rate my clients on a range of issues like case value, personal likability and burden, then I fire one client. It’s my Christmas present to my firm and myself.

Obviously, there are some ethical and legal considerations in cleaning up the client rolls, so it’s best to clean early into a case, rather than two weeks before a statute of limitations or trial. Also, be mindful of why you’re ditching your client so you can use that information to appropriately match future, potential clients.

As we roll from April to May, I encourage you to spring clean your client list. Pick that client and fire him. Today. Then celebrate and don’t ever look back.