Legal Trends – 2019 ABA TECHSHOW

Curious about legal trends? Here are some interesting statistics and takeaways discussed at the 2019 ABA TECHSHOW:

When rating lawyers, people complain more about customer service issues than the cost of legal services.

When selecting a lawyer, clients value guidance, certainty, and clarity.

When assessing the emotional state of clients, lawyers chronically underestimate feelings of confusion, disbelief, frustration, and urgency.

Lawyers and clients are on opposite ends of the spectrum when it comes to communication:

    • The majority of lawyers expect clients to send an email or visit the office in person when asking to schedule an appointment. In reality, clients shun both approaches and prefer overwhelmingly to call.
    • 70% of clients want to meet in person when sharing all the details or facts of a situation. 18% are willing to meet by phone. Similarly, clients want to hear lawyers explain the legal aspects of their case in person (55%) or by phone (23%) not by email or other means.
    • For getting quick questions answered, 46% of clients prefer the phone, 29% prefer email.
    • Lawyers strongly prefer to call with status updates (64%), but clients are split between phone (37%) and email (35%) in their preference.
    • Signing, viewing, or delivering documents? 64% of clients prefer to do this in person. 20% are okay with email. Interestingly, 35% of lawyers prefer to review documents with clients by phone – only 5% of clients preferred this method.
    • Websites and client portals only factored significantly into client preferences in two areas: checking the hours a lawyer is spending on a case (26% of clients) and making payments (31% of clients).

Key Takeaways

  1. Solicit feedback from clients.
  2. Consider using client surveys that measure your “net promoter” or client loyalty score. Survey Monkey is one example.
  3. Focus on in-person moments with clients and minimize interruptions.
  4. When deciding whether to call, email, or meet in person, put the client first. For the most part, clients want to talk – not read messages or correspondence.

For more information and a link to the complete legal trends report, see my story on Wakelet.

All Rights Reserved 2019 Beverly Michaelis

Best Free Productivity Apps for the iPhone and iPad

Last week we took a look at nine free iOS apps to help you track expenses and mileage, organize bills, calculate on the go, budget, make smart purchases, and track packages. This week we focus on free productivity apps for project management, paperless meetings, better communication, security, task management, file sharing and storage, workflow, video conferencing, scanning, PDFs, eSigning, notetaking, sketching, languages, and business travel.

Project Management

Trello is the free, flexible, and visual way to organize anything with anyone. Forget lengthy email threads, out-of-date spreadsheets, sticky notes, and clunky software for managing your projects. Trello lets you see everything about your project in a single glance.  Compatible with Apple Watch.

Paperless Meetings

minute-iconUse Minute to conduct easy paperless meetings. Instantly invite attendees, turn agendas into meetings, import and share documents from Dropbox, Evernote, email, etc. Collaborate on notes, to-dos, decisions, and documents. Delegate tasks to attendees. After the meeting read and revise notes and export meeting minutes.

 Better Communication

Rather than worrying about your data allowance or cell signal, WhatsApp lets you send messages over Wi-Fi or a mobile data connection instead. Send and receive photos free over Wi-Fi* with no size restrictions. (*Or if you have unlimited mobile data.)

Security

1passwordKeep track of passwords, security codes, and alarm codes in one place with 1Password. Search to find what you’re looking for on any connected device. Save and fill passwords, credit cards, and addresses into webpages with a single click. Keep your data safe and encrypted. Unlimited installations with paid subscription. Compatible with Apple Watch. (Free 30 day trial; $5 per month subscription.)

Task Management

todoist-iconAdd, complete, and re-schedule tasks from any device, even offline with Todoist. Automatic 24/7 sync. Create sub-tasks and sub-projects, set priorities, and color-code projects. Share projects, assign tasks, and add comments all within the app. Instant notifications will keep you up-to-date whenever changes are made. Compatible with Apple Watch.

easilydoEasilyDo connects to online services, like your email, calendar, and Facebook, then looks for things it can help you get done. For example, it might ask you if you’d like to add contact details of someone who emailed you to your address book. Or it might spot an upcoming birthday. (Best for personal use.)

File Sharing and Storage

Transfer files instantly across Mac, iOS, Android, and Windows platforms using simple drag and drop with Instashare Air Drop. Transfer any file type (MP3, images, PDF, slide decks, docs, and more). Any size. Completely secure – files are transferred only between devices – no copy is kept in the cloud. Supports older devices: back to iPhone 3Gs and iPad. No need to register, just open the app, and start sharing. No email account, no passwords required.

hightailUse Hightail (formerly YouSendIt) to upload files to a shared project area called a Space then name it and add context or project goals. Solves the problem of oversized email attachments. Upload to Hightail instead and send your recipients a link. Supports PDF, docx, PPT, png, and other file formats. Documents can be secured with an access code.  (Free 250 MG storage.)

Workflow

Use Clips to clip from anything from anywhere: quotes, links, stories, images. Ideal for users who write a lot on their iPhone and iPad or hate switching between apps to copy-and-paste. The custom keyboard doesn’t log any of your input and requires no use of the Internet. Sync across all iOS devices through your private iCloud account with the Pro version.  Compatible with Apple Watch.

ifttt“If this, then that.” Use ifttt to automate just about anything: create events in Google Calendar with only a few taps; keep your team in sync with scheduled reminders for Slack; catalog important email from your inbox in an Evernote notebook to go over later; sync files quickly. Ifttt makes two separate apps work together!

Video Conferencing

zoomZoom offers quality video and audio conferencing – available for mobile devices and on the desktop.  Screen share apps and photos, send files, annotate, mute attendees (or not), easily invite phone, email, or company contacts.  (Free for 50-person or less meetings that last no longer than 40 minutes.)

Scanner and Whiteboard Converter

CamScanner turns photos of sketches, receipts, sticky notes, and whiteboard notes into editable files. Make digital copies of printed documents, business cards, or posters and trim them precisely. Printed text is automatically recognized (using OCR) so you can search for words in images and copy and edit them.  200MB free storage.

PDFs and eSigning

Adobe Acrobat Reader DC is a PDF viewer made specifically for the iPhone. Take a picture of your handwritten signature on your mobile device, and then sync it to sign PDFs at your desk or on the go. Annotate PDFs or mark-up files.  Draw on the screen with the drawing tool. Store, access, and share files from your Dropbox account.  (In-app purchases may apply.)

signnowUse SignNow to sign documents with your finger. Fill and complete PDF, Word, or rich text documents. Open documents from your inbox, Dropbox, and more. Easily collect signatures from multiple people. Secured with bank quality encryption.  (Sign up to five documents per month at no charge.)

Notetaking and Sketching

Use Paper 53 to draw on photos or quickly spotlight details. Sketch diagrams, charts, and drawings. Want to add titles to notes?  Swipe left. Want to add a checklist? Swipe right.

Learn Languages

duolingoUse the free Duolingo app to read, listen, and speak Spanish, French, German, Portuguese, Italian, Irish, Dutch, Danish, Swedish, and English.  Learn languages in bite-sized lessons: Apple’s iPhone App of the Year.  (In-app upgrades available.)

Business Travel

Hopper hopper-iconconstantly monitors prices to find great deals on airfare. Shows you the best time to go, predicts the right time to book flights, and where to buy.  Includes personalized tips.  Promises savings of 40% or more on your next flight.  A best app of the year winner in 2015.

Input your itinerary and GateGuru will automatically provides you with the check-in airport terminal, airport weather, gate arrival and departure information, real-time flight status, estimated TSA security wait times, airport food and amenity information, airport maps and tips, last minute rental car bookings.

All Rights Reserved 2016 Beverly Michaelis

Using “Soft Skills” to Improve Client Retention

“Soft Skills” are attributes that enable someone to interact effectively and harmoniously with others.  They include traits like diplomacy, patience, empathy, problem solving, conflict resolution, adaptability, collaboration, and communication. Cultivating “soft skills” can improve your chances of getting a job or retaining clients:

A firm that respects client service will stay open. A firm that makes client service a priority will remain successful. How do we accomplish this? It should be innate, and yet, as mentioned, communication is still the number one complaint. Given that so many people have access to and contact with clients in a law firm on a daily basis, we must stop taking “soft skills” for granted, and start placing a higher value on teaching and attaining those skills. Marni Becker-Avin, Developing Lawyers’ “Soft Skills” – a Challenge for the New Era in Legal Services.

How Can You Cultivate Soft Skills

Soft skills can be improved through learning and by example:

  • Online/self-help learning is available through resources like MindToolsSkillSoft, or Alison.
  • Prefer books?  I totally understand.  A quick search on Amazon reveals many titles to choose from.
  • If you do better in a brick and mortar setting, look for leadership, communication, and conflict resolution classes at your local university or community college.  [Don’t forget to check adult education course listings.]
  • Keep an eye out for pertinent continuing legal education (CLEs).  The PLF has an oldie, but goodie: Building a Successful Practice through Improved Client Communication.  From the landing page, select CLE > Past CLE.
  • Find a mentor.  If you are a newer lawyer in Oregon, you are required to participate in the mentoring program as a condition of admission.  However, your mandatory mentor may or may not be the best model for “soft skills.”  Don’t hesitate to seek out a secondary mentor if needed.  If your mentor sits in on client interviews, seek his or her feedback on your technique and style.  [Be mindful of confidentiality issues and conflict screening.]
  • Use client satisfaction surveys.  Tough love, yes indeed!  But there is no quicker way to find out if you have a “soft skills” gap.

 [All Rights Reserved 2016 Beverly Michaelis]

The Standard for Email Communications

What is the standard for electronic client communications?  Can lawyers freely use email, without a worry or care about encryption?

In “Odds & Ends – Safeguarding Client Information in a Digital World,” Oregon State Bar General Counsel Helen Hierschbiel sets us straight:

The first ethics opinions that addressed the use of electronic communications prohibited lawyers from using cell phones and unencrypted e-mail…. More recently, ethics authorities condone the practice, recognizing that the expectation of privacy in these modern methods of communication is comparable to and as reasonable as that of older methods of communication. For example, ABA Formal Ethics Op 99-413 (1999) states:

E-mail communications, including those sent unencrypted over the Internet, pose no greater risk of interception or disclosure than other modes of communication commonly relied upon as having a reasonable expectation of privacy… The risk of unauthorized interception and disclosure exists in every medium of communication, including e-mail. It is not, however, reasonable to require that a mode of communicating information must be avoided simply because interception is technologically possible, especially when unauthorized interception or dissemination of the information is a violation of [the law].

Does this mean lawyers get a free pass to use unencrypted email?

The answer is no, as Helen points out.  Special precautions need to be taken if:

  • The information to be transmitted is particularly sensitive
  • The contents of the email are subject to a confidentiality agreement
  • The client instructs the lawyer to avoid using email

Can a client waive the security risks associated with unencrypted email?

Yes.  “If a client requests it, a lawyer may … be allowed to use … a particular type of electronic communication notwithstanding expectations of privacy in the communication method.”

What role does metadata play?

As Helen notes, metadata may be a bigger danger than unauthorized interception of email  messages:

[C]ompetent representation requires that lawyers understand what information may be hidden in documents that they plan to send by e-mail so that appropriate steps can be taken to protect against inadvertent disclosure of what could be confidential or sensitive information. See, e.g., Arizona Ethics Op 07-03(2007) (lawyer must take “reasonable precautions” to prevent communication of metadata containing client information) and ABA Formal Op 06-442.

Since Helen’s article was published, Oregon has issued its own metadata opinion: Competency: Disclosure of Metadata, OSB Formal Opinion 2011-187.

Where does this leave us with encryption?

If your clients have consented to use of unencrypted email (or don’t care) and your messages are not particularly sensitive or subject to a confidentiality agreement, why should you give a whit about encryption?  In a phrase: ease of use.

What used to be difficult is no longer.

In the article “Encryption So Easy a Lawyer Can Do It,” Bob Ambrogi discusses three incredibly simple solutions that allow lawyers to send encrypted messages.  No more clunky interface requiring the sender to transmit keys before the recipient decrypts the message.  No more need for both parties to use the same software.  (Although a simple plug-in may be needed, depending on the software you choose.)

With secure cloud-based solutions like Enlocked, Virtru, or Delivery Trust from Identillect, Ambrogi concludes:

What all three programs have in common is that they make encryption as easy as the push of a button.  If you use email to communicate with clients or colleagues about sensitive matters – and what lawyer does not? – you have no excuse not to encrypt.”

 [All Rights Reserved 2015 Beverly Michaelis]

Practically Perfect Presentations or How to Avoid Death by PowerPoint

Yep, it’s day 7 from the best of ABA TECHSHOW.  Today we tackle presentation faux pas, starting with:

10 Essential Tips for Improving Your Presentations

  1. Figure out where your strengths are – don’t use tech if you’re not comfortable using it – tech can hinder your message – via @psuba98
  2. “@rajuip: “The thought behind PowerPoint is to make a point, not a distraction.” @pauljunger – via @MEKowalski
  3. You can increase info retention 10-20% if you repeat and repeat your points in slides/presentation – 45% increase if msg simple – via @psuba98
  4. Clarify and simplify your message in your presentation – distill it to your message – you are the filter – @rajuip – via @psuba98
  5. If your presentation is a story it should have a beginning, middle and an end…so maybe we all need screenwriters now b4 trial – via @psuba98
  6. De-Bullet your presentations by using images and using your voice – @pauljunger – via @rajuip
  7. Keep your slides simple – for no scientific reason, @rajuip says use 7 words per slide (hey, it might work) – via @psuba98
  8. If you’re reading your slides, you’re doing it wrong. People need to have the relationship with you, have them trust you – via @psuba98
  9. RT @rajuip: Orienting responses (moving, voice pitch changes, ppt slides) increase information retention. @pauljunger – via @scrappydoo6
  10. Use (cool) fonts, you can download them and add them to your presentation @rajuip uses Font Squirrel – via @psuba98

PowerPoint Isn’t the Only Game in Town

RT @psuba98: HaikuDeck, Prezi, SlideRocket, there are lots of presentation tools out there (besides @rajuip) – via @IntermixLegal

We’d love to see more lawyers embracing Haiku Deck’s high-impact messages and visuals! For iPad & web – via @HaikuDeck

Zooming feature in @prezi adds emphasis & scale. #prezi – via @ lucasboling: @bdwassom

[All Rights Reserved – Beverly Michaelis – 2014]