The Best of TECHSHOW – Tips and Tricks

Every year the ABA TECHSHOW brings together some of the best legal technology minds our profession has to offer.  This year was no exception.  Over the next few posts I’ll share what I learned at this year’s conference.  Today: the best of 60 Tips in 60 Minutes.

Microsoft Office

Office Ribbon getting in the way? 

Use Ctrl F1 to toggle it off (and on).

View recently opened documents in Word with a quick right click

Want to see the most recently opened items in Word?  Right click on the Word icon on your desktop.  A list of recently opened items appears (whether Word is launched or not.)

Recover unsaved Word 2010/2013 documents or Excel 2010/2013 Workbooks

If your computer crashes and you haven’t saved your document or spreadsheet, act fast to recover your document. In Word or Excel 2010/2013, select File > Info > Manage Versions to recover your unsaved documents.

Print a blank Outlook calendar

A blank Outlook calendar can be handy for coordinating with others, but how can you print one that doesn’t show scheduled court dates, client appointments, or other events?  Easy!  The steps vary according to your version of Outlook.  Here are links to the instructions: Outlook 2007, Outlook 2010, Outlook 2013.

imagesReveal a sender’s full e-mail address

Sometimes e-mail messages only show the sender’s name.  If you want to see the full e-mail address, follow these steps:  In the blue message header, mouse over the name, right click, choose properties > show full e-mail address.

Need a system to follow-up on sent e-mails? 

Here are two approaches.

Option 1 – Create a “Waiting For” folder in Outlook

Drag e-mails that require a follow-up to this destination. If desired, add a “code” to the body of your message like “wff” (Waiting For Folder).  Create an Outlook rule that looks for this code and auto-files the messages that contain it in the Waiting For Folder.

Option 2 – The cc: method

Set up a “Delegated Mail” folder in Outlook.  Copy yourself on all e-mails that require a follow-up.  Create an Outlook rule that checks messages when they arrive, looks for your name as the sender and for your name in the cc: box.  Direct the rule to file messages that meet this criteria in a “Delegated Mail” folder.

Eliminate long, redundant e-mail threads

In Outlook 2010/2013, delete redundant e-mail strings by using “Clean Up a Conversation.”  The clean up function removes the prior e-mails and keeps only the most recent message – which has the entire thread.

How about a handy shortcut to an e-mail address? 

Create one right on your desktop.  Right click, select New > Shortcut.  In the “Create Shortcut” dialog box, type mailto: and the desired e-mail address. For example: mailto:joesmith@gmail.com (leave no spaces between the colon and the e-mail address). Click Finish.  You can now send an e-mail to Joe directly from your desktop without launching Outlook.

Never forget an attachment again

Download CodeTwo and never forget an e-mail attachment again.  This free download looks for keywords in the body of your e-mail like “enclosed” and “attached” and reminds you to add an attachment before your e-mail is sent.

Bloated e-mail inbox?

Clean it up with Outlook’s cleanup tools.  Choose File > Info > Cleanup Tools.  Choose Mailbox Cleanup… to manage the size of your mailbox with advanced tools, empty deleted items permanently, or move old items to an archive folder.

Disabling “reply to all” or “forwarding”

To prevent clients from forwarding e-mails or using “reply to all” inappropriately use this workaround to disable the functionality.  Yes, a persistent user can still “copy and paste” the body of your e-mail into a new message, but disabling forwarding or “reply to all” tends to stop 99% of perpetrators.

Work with clients or collaborate with colleagues in a different time zone?

Follow these easy steps to add a second time zone to your calendar in Outlook.

Open Your Mail and Calendar in Separate Windows

It can be annoying to toggle back and forth between your mail and other components of Outlook.  From anywhere in Outlook’s Navigation pane (Inbox, Calendar, Contacts, Tasks, Notes) right click on the second Outlook item you wish to view and choose “Open in new window.”

Security and Privacy

Looking for a secure flash drive?

Here are three good options: Imation Defender F200 Biometric, Aegis Secure Key, CMS Secure Vault FIPS.

Computer Screen Privacy

Keep prying eyes off your computer screen with PrivateEye from Oculis. Using facial recognition, the software instantly blurs your monitor if you leave your desk or turn away.

Wish you could monitor your servers remotely?

lockYou can with PC Monitor.  Compatible with iPad, iPhone, iPod. Free for non-commercial use.

Secure external hard drives

Just as flash drives should be encrypted or protected with biometrics, lawyers should take similar precautions to secure external hard drives.  Here are three choices:   Lenovo ThinkPad USB 3.0 Secure Hard Drive, Aegis Padlock, CMS Secure Disk Vault.

That Pesky Facebook

If you love connecting with friends and family on Facebook, but are worried about who might have access to your data, check out MyPermissions. Sign up to receive alerts when a Facebook app gains access to your personal information.

Productivity

Addicted to multiple monitors and wish you had one for the road?

You can with the portable Lenovo ThinkVision LT1421 14″ widescreen LED travel monitor.  Available on Amazon for under $200.

Looking for a fast, simple solution for installing apps on your new computer?

Try Ninite – directly download the most commonly used Web apps with no muss, no fuss.

proMeet the new scanner on the block

Everyone knows about the Fujitsu Scansnap s1500, but meet the new and improved kid on the block:  the Fujitsu Scansnap iX500. Bundled with Adobe Acrobat Standard, supports scanning to iOS and Android devices, improved resolution, and improved paper handling.  A work horse for under $500.  Ideal for most solos or as a supplementary scanner deployed at workstations throughout your office.

Stop carpal tunnel in its tracks

To avoid carpal tunnel, your keyboard must be appropriately positioned for your use. 3M offers quality keyboard trays that do the trick for around $160.

Why is your fillable form blank?

To “lock in” the contents of a fillable form, you must flatten the PDF.  Here’s how in Acrobat 9.  In Acrobat X or later, use an action.

Tip Grab Bag

Shopping for the best cloud service to backup your data?imagesCAVCNTYX

Visit Backup Review or follow the site on Twitter @backupreview – new reviews daily.

Splash happens.  Want to waterproof your iPhone?

Not a bad idea since water damage voids the warranty.  Try Liquipel.

Are you on LinkedIn

Did you know that you can reposition the components of your LinkedIn profile to feature preferred content? By default, Experience, Skills & Expertise, and Education appear “below the fold” after Activity and Background.  If you prefer a different sort order, simply drag and drop.

Many thanks to the 60 Tips in 60 Minutes presenters for all these great ideas

All Rights Reserved – Beverly Michaelis – 2013

Law Firm Falls Victim to Scam, Sued by Bank

If this headline doesn’t catch your attention, I’m not sure what will. Here is Sharon Nelson’s latest post on Ride the Lightning:

“It continues to amaze me how law firms fall for phishing scams, sometimes believing that they might have a potential client and sometimes, as here, clicking where they shouldn’t click. The latest law firm is Wallace & Pittman PLLC in North Carolina who reportedly got scammed to the tune of over $300,000.00. And it only went downhill from there.

The scam started with a batch of e-mails in May supposedly from an industry group saying that a transaction hadn’t cleared properly. These e-mails directed readers to click on a link to resolve the problem. Apparently, someone at the law firm did, which allowed hackers to install a keylogger on at least one law firm computer.

After figuring out the law firm’s online banking passwords, the hackers directed their bank, Park Sterling, to send a $336,600.01 transfer through JPMorgan Chase & Co. to a “Konstantin Pomogalove” in Moscow, according to a legal document filed by the law firm. As soon as the law firm received a confirmation of the transaction, it called the bank to cancel it, but it was too late. The bank initially refunded the stolen funds to the law firm’s account.

Later, the bank demanded the funds be returned. State and federal law does not compel banks to restore funds lost through fraudulent activity for commercial customers so long as the bank has reasonable security in effect.

But before the bank could debit the fund, the law firm obtained a restraining order against the bank, removed its funds and closed the account, igniting a lawsuit by the bank.

Park Sterling argues in court papers that Wallace & Pittman did not use an extra layer of security that would require two people to authorize wire transactions and that the request looked legitimate. It also said its customer agreement with the firm places the burden of loss on the customer.

Though the firm uses wire transfers regularly for real estate transactions, this was the first to go outside the country which the firm argues should have raised suspicion enough to put a hold on the transactions. Unsurprisingly, the firm questions the security practices of the bank.

Trial is scheduled for the fall.

There are conflicting cases on whether banks can be held liable, though most have found that they can be, putting a higher burden on information security for banks. My initial take, without having all the facts, is that a bank which suddenly received a high-figure transfer out of the country from a firm which has never done that before should sure as heck have flagged the transaction as potential fraud. And Wallace & Pittman needs to institute two-person authorizations and do some serious employee training!”

Learn how to avoid falling victim to such scams by attending “Protecting Your Firm and Your Clients from Fraud, Scams, and Financial Loss” on May 16 at the OSB Center. Registration open now – visit the PLF Web site > Upcoming Seminars.

The Art of Effective Communication

imagesAre you a good communicator?  Or do you find yourself struggling to get your point across?  If you fall in the latter category, it could be that you are focused on your message to the exclusion of other important attributes of effective communication: listening skills, tone of voice, body language, and empathy.

In Effective Communication, Shari Gregory relates the following tips:

LISTENING

Good communication starts with the ability to listen. Effective listening means being present, keeping an open mind, and being respectful of others. The following suggestions are just a few ways to improve your listening skills:

  • Focus on what is being said.
  • Look directly at the person who is speaking.
  • Let the speaker finish before you speak.
  • Listen for the feelings behind the words and watch for nonverbal cues.
  • Give the speaker your full attention – focus on what the speaker is saying, not on how you are going to respond.
  • Be open to the speaker’s message.
  • Ask questions to clarify what you do not understand.
  • If you are uncertain about whether you correctly understood the speaker, explain what you understood to the speaker (paraphrase) and ask the speaker if you have understood correctly.

TONE OF VOICE AND BODY LANGUAGE

More than half of all human communication is nonverbal. When talking with another person, be aware of your tone of voice, eye contact, and body language. If you feel harried or anxious when you speak, you may sound short or abrupt. If you are not feeling patient or well-balanced, your tone of voice might sound condescending or angry. Your gestures, such as hands and arms moving frantically, may distract the listener from your intended message.

For listeners, a speaker’s facial expression is often the key determinant of the meaning they give to a speaker’s message. When you speak, your face communicates your attitudes, feelings, and emotions more clearly than any other part of your body. Eyes squinting or glaring, eyebrows furrowed, face flushed red, or a frowning mouth may communicate to the listener that he or she is at fault for your uncomfortable state. The listener may become insecure or defensive, making it likely that whatever you are trying to say is lost.

Listeners are more likely to judge your sincerity and credibility based on your nonverbal behavior and whether it is consistent with your words than on your words alone. If you are feeling anxious or upset, take a deep breath before you speak. Question yourself about your mood. Take an internal look at how you are feeling and why. This will give you a “mental time out” – enough time to reframe what you want to say and how you are going to say it, taking into consideration to whom you are speaking. Organize your thoughts so you can explain why you are upset.

EMPATHY

Empathy is the ability to connect with another person and to share in another person’s emotions or feelings. As lawyers we pride ourselves as wordsmiths, but at times, our emotion, enthusiasm, and passion may cause us to forget to consider our audience. Effective communicators recognize that differences in cultures, personality, status, education, or perception may become stumbling blocks to communication. Valuing differences and keeping them in mind can help people communicate more effectively.

PARTING THOUGHTS

Shari’s tips guide us on how to approach face-to-face communications with clients.  It is equally critical that we put proper effort into our written communications.  Too often lawyers (and clients) fire off an e-mail without stopping to consider: is this the best way to communicate Remember, e-mail is meant for:

  • Quick answers to straightforward, yes and no questions
  • Making or confirming appointments, court dates, or other calendar commitments
  • Transmitting documents
  • Distributing information quickly to many people
  • Short, simple communication!

Pick up the phone when:

  • You are unclear about the question being asked
  • The question is complicated and requires a detailed answer
  • The subject matter is sensitive and your words could be misinterpreted

You can always send a confirming e-mail or letter after the fact. 

For additional tips on effective communication, I invite you to listen to this podcast of my conversation with Vicki Voisin of The Paralegal Mentor.

All Rights Reserved (2013) Beverly Michaelis

Are You Using the New Model Contingent Fee Agreement Explanation?

Effective January 1, 2013, Oregon RPC 1.8(e) was amended to follow the corresponding ABA Model Rule.  Lawyers are now expressly allowed to provide financial assistance in the form of advancing court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter.  Lawyers are also permitted to pay court costs and expenses on behalf of indigent clients.

Before the change, lawyers were required to state in their fee agreements that clients remained responsible for the costs and expenses of litigation regardless of the outcome of the case.  The Oregon State Bar approved Model Explanation of Contingent Fee Agreement – derived from ORS 20.340 – mirrored this requirement.

With the amendment to Oregon RPC 1.8(e), the Oregon State Bar revised the Model Explanation to allow for three alternatives that a lawyer may choose in undertaking representation of a contingent fee case:

  1. The client repays the costs regardless of the outcome of the matter;
  2. The client repays the costs only if the lawyer recovers money for the client; or
  3. The client does not repay the costs regardless of the outcome of the case.

 [See Item 7A of the February 22, 2013 BOG Agenda.]

The new Model Explanation, with an effective date of February 22, 2013, is available on the PLF Web site > Practice Aids and Forms > Engagement Letters and is attached to our sample PLF Contingent Fee Agreements.  The new Model Explanation may also be found on the Oregon State Bar Web site and will be added to the Fee Agreement Compendium in BarBooks. Here is a direct link:

Oregon State Bar Model Explanation of Contingent Fee Agreement

All Rights Reserved 2013 Beverly Michaelis

Document Naming in a Paperless Law Practice

I am often asked for best practice recommendations in running a paperless practice. How should I organize my electronic files? How should I name documents that I create or scan?

There is no better source for answering these questions than Donna Neff and Natalie Sanna’s article in Law Practice TODAY, The Document Naming System in Our Paperless Office.

Donna and Natalie suggest the following protocols when naming a document:

Include the date – year, month, day
Add an abbreviation that describes what the document is (ltr for letter; rpt for report)
Add a brief description of the document contents
Specify whether the document was sent (generated by you) or received (and scanned into your system)
Optionally, add the initials of the staff person who created or scanned the document (if a question arises later you can go directly to the author or scanner)

A document named by Sam Lawyer using Donna and Natalie’s protocols would look like this:

2013 03 11 ltr re settlement offer SENT sl.pdf

Notice the file name does not include the client or matter. These could be added, but beware that your file names might become quite long.

Whatever you decide (include client/matter name or not) the only discretionary part of the file name is the description. Everything else, especially the abbreviation scheme describing the document type (ltr for letter, rpt for report, pld for pleading, etc.) should be written in stone. No file naming convention will work if it isn’t used consistently.

This same principle applies to naming client folders and sub folders: creating a set structure and sticking to it saves the day. Donna and Natalie refer to this as creating a folder template. See their article for specific directions and screen shots.

Law Practice TODAY is a free Webzine from the ABA syndicated by the PLF. Check out the latest issues of LPT on the PLF Web site > Practice Mgmt Advisors – Tips.

How to Use Acrobat XI on Your iPad

Adobe TV Is a great way to learn Acrobat and its features. Here’s an episode about using Acrobat XI on touch devices like the iPad. Learn about the new Touch mode that provides smoother scrolling, the ability to swipe to scroll a page, accelerated swiping to allow to you to scroll quickly through large documents, and pinching to zoom.

Acrobat XI: Tips and Features

Still learning the ins and outs of Acrobat XI?  Here is yet another nifty post from Rick Borstein, author of the Acrolaw blog, explaining how you can change redaction properties in bulk via the Comments panel.  (If you have ever mistakenly marked text for redaction, then noticed that the fill color was not what you wanted you will appreciate this tip.)  In the same post, Rick teaches users how to unlock the Comments list so it can float as a separate window anywhere on your screen.

My favorite new feature of Acrobat XI is the improved Word converter.  Whether you are copying and pasting part of a PDF into Word or exporting the entire PDF to a Word document, the formatting comes across intact.  A video demo is available hereAcrobat XI also supports conversion to Excel and PowerPoint.

Text editing is far more flexible too.  Want to insert text?  Just position your cursor and go.  Deleting is easy too.  In either case, the text reflows automatically.  This is a feature you probably won’t appreciate unless you have attempted to edit PDFs in the past.  With older versions of Acrobat, text editing was extremely limited.  Text did not reflow and content could only be manipulated on a word-by-word or line-by-line basis.  The results were often far from stellar.

While terrific, these new features could also result in unintended consequences.   If you don’t want the recipient of your document to edit the text or convert it from PDF to Word, change the document properties:  File > Properties… Security Tab.  In the Security Method drop-down, select Password Security.  Under Permissions, check the box “Restrict editing and printing of the document.  A password will be required in order to change these permission settings.”  Under Changes Allowed, select None.  Specify a password and choose OK.  Caution: Adobe expressly warns that third-party products may be able to defeat Acrobat security settings.

Happy PDFing!

Fraud Prevention CLE Coming May 16

Mark your calendars folks!  The Professional Liability Fund is offering a fraud prevention CLE live and via Webcast on Thursday, May 16, 2013 at the Oregon State Bar Center.  Details will be available on our Web site in the coming weeks.  (Check Upcoming Seminars.)

We have secured speakers from the banking industry with expertise in fraud protection products and services.  We will also offer tips and advice from our practice management team on how to identify and avoid the most common scams.  Experts from the Professional Liability Fund coverage department will address your coverage questions as they relate to fraud protection and data breach.  We are also working to secure a speaker from the Oregon State Bar General Counsel’s office to address the ethical implications of falling prey to a trust account scam.

We believe this will be an informative CLE with ample opportunity to get your questions answered!  Learn how to protect money belonging to you and your clients by stopping scammers in their tracks.

Why You Should Build the Cost of Doing Business Into Your Fee

Credit card merchant fees (“check out” fees) are back in the news with the recent preliminary class action settlement between retailers and credit card giants Visa and MasterCard. Lawyers who accept credit cards often ask whether they can pass these fees on to their clients.  It is unlikely the settlement will change the landscape for lawyers, but I’d like to set that discussion aside for a moment and focus on something more fundamental: how should lawyers treat costs not related to a specific client matter?

I have long believed that most overhead costs, including postage, photocopies, faxing, and even merchant fees should be built into the lawyer’s fee structure.  Bundling the cost of doing business into your hourly rate or flat fee just makes sense.

For the lawyer, cost accounting becomes significantly easier.  Say goodbye to:

  • Inputting client codes or making a log entry every time postage is used or a document is scanned
  • Totaling charges for each billing cycle and incorporating them into the client’s bill
  • Allocating client payments to costs and fees – in your books, the client’s account receivable, and on the client’s billing statement

Avoiding this time suck can make a world of difference in a solo’s life – especially if he or she has no staff.  Time spent tracking, totaling, billing, and allocating these costs can be used more profitably working on a client matter.

From the client’s perspective, receiving a statement with every stamp, copy, and fax itemized and billed can be very unpleasant.  Clients often feel these costs should be included in your fee, regardless of your billing practices. Ask yourself: would you rather pay one flat rate to fly from Portland, Oregon to Chicago, Illinois, or incur separate charges for airfare, fees, taxes, booking, baggage, and food?  If you are aggravated by the latter, it becomes easier to understand why clients don’t like it when lawyers pass on every penny of overhead costs in an itemized bill.

Getting back to the original subject – merchant or “check out” fees – consider the real-world effect of the preliminary Visa/MasterCard settlement:

“We have discussed the settlement with many, many merchants, and not a single merchant we have spoken to plans to surcharge,” Craig Shearman, spokesman for the National Retail Federation (NRF), said in a statement….

NBC News contacted some of the country’s largest retailers. Wal-Mart, Target, Sears and Home Depot said they have no plans to add a credit card surcharge.

“The bottom line is that … the vast majority don’t want to surcharge even if they could,” the NRF’s Shearman said.

Ed Mierzwinski, Director of Consumer Programs at U.S. PIRG agrees.

In the brick-and-mortar world, no one who does any sort of volume business is going to want to surcharge because it will drive their customer crazy and slow down transactions,” Mierzwinski said.

Is there a lesson here for those who provide professional services?

Lawyers can charge “check out” fees to clients who pay by credit card, but it requires jumping through hurdles no one bothers with (a signed fee agreement with the client consenting to the charge accompanied by compliance with Regulation Z of the Truth-in-Lending Act.)  If it should become easier to charge clients “check out” fees in the future – as a result of this settlement (when finalized) or for other reasons – I would continue to advocate lawyers build this cost of doing business into their charge for services.  In the words of Susan Cartier Liebel, “Don’t Nickel and Dime Your Clients. Just Don’t.”

For an excellent discussion of the philosophy and practices involved in billing costs, see Billing Costs, “Fee Agreement Compendium” (Oregon State Bar 2007) available online in BarBooks.

Copyright 2013

Beverly Michaelis