What’s your Avvo rating?

If you don’t know, you better find out, says one legal expert.

For the uninitiated, Avvo is an online mash-up of Martindale-Hubbell, Angie’s List, Consumer Reports and the Yellow Pages. It was founded in 2007 by a former attorney for Expedia.com.

On Avvo.com you will find:

• A question-and-answer forum where consumers can get free advice from a panel of lawyers;
• A directory of US-licensed lawyers;
• Profiles and histories from participating lawyers;
• Peer endorsements;
• Disciplinary actions;
• A lawyer rating scale of 1-10, based on a proprietary algorithm;
• Client reviews.

That last feature, which allows anyone to post anonymous and uncorroborated critiques of counsel, has sparked debate – and litigation.

Shortly after the site launched, Avvo was sued by a lawyer who claimed the rating system was libelous and a “scam.” The suit was dismissed on First Amendment grounds. The court held that the reviews were a form of protected speech.

Critics aside, Avvo has become a force. The site claims to have profiles on 95 percent of the attorneys in the country. Every 10 seconds someone logs on for free advice.

Lawyer and author Michael Waddington says get on board – or pay the price.

“The days of sitting back and relying on referrals are gone,” he writes. “Experienced lawyers find themselves constantly fighting and competing with newer, less experienced lawyers for clients. It is a daily struggle to win and keep the upper hand. Avvo offers busy attorneys like you a marketing platform to showcase your expertise, increase your network, and connect with consumers seeking legal services in your area.”

Here are some Avvo tips from Waddington:

• Look up your own Avvo profile. See what it says. Beef it up by adding your resume. Highlight your legal expertise. Take control of your online biography.
• Check your rating. You might consider yourself a superb attorney, but Avvo may say otherwise. “A lot of attorneys tell me that they think the Avvo rating system is bogus,” writes Waddington. “These lawyers don’t get it. It does not matter if you agree with the rating or not. If you are a lawyer, then you have an Avvo rating. As such, you should try to improve it because it may be costing you clients.”
• Close the age gap. Waddington says private practice lawyers 40 and older are “getting crushed by younger, tech savvy attorneys” who know how to get maximum bang from sites like Avvo.
• Accept reality. Type in “lawyer reviews” in Google, and the first site that comes up is Avvo.com. Welcome to the new world of virtual word-of-mouth.
• Take off your lawyer hat. When evaluating Avvo and similar services, think like a client. Like it or not, many consumers consider Avvo as an authority website. They rely on it when hiring and recommending a lawyer.
• Don’t rely exclusively on your website. Consumers view professional websites with skepticism. They see them as Internet billboards not to be fully trusted. Third-party sites like Avvo, on the other hand, are viewed (rightly or wrongly) as independent, authoritative and reliable.
• Develop a brand. All of your marketing efforts – from letterhead stationery to Avvo profiles – should be consistent. Each piece should reinforce the other. The goal is to let potential clients know who you are and what you can do for them.

And in case you were wondering, Avvo is derived from “avvocato,” the Italian word for lawyer.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

For more information:

• Avvo tips from Michael Waddington http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&discussionID=5811526618568482819&gid=4999690&trk=eml-anet_dig-b_nd-pst_ttle-cn&fromEmail=&ut=3FQyRvzpv1q601
• Wikipedia http://en.wikipedia.org/wiki/Avvo

• Avvo http://www.avvo.com/

Whether you have worked as a paralegal for years or just starting out in the industry, this book is a great resource. Behind every great trial lawyer is a team of great staff which includes other attorneys, legal assistants and of course paralegals.

This handbook provides valuable tips about the litigation paralegal’s many functions: gathering information, interviewing, case file organization, correspondence and more.

Trial lawyers rely on their legal staff so it’s imperative that they fully understand the litigation process. Some of this book’s key features include:

• Organizational tips
• Trial prep checklists
• Tips for interviewing and investigation
• Case management strategies
• Tips for mastering discovery, including e-discovery

 The Lawyers Mutual Lending Library is a free service provided to all insureds and their support staff. We offer a wide range of titles from subject matters including: marketing, networking, starting a law practice and social media. Please visit Lawyers Mutual Lending Library on our website to browse our selection.

If you’ve found a book extremely helpful, we would love to hear from you. We encourage book reviews and are excited about sharing them on our website. Please email all reviews to social@lawyersmutualnc.com.

Tech experts say it is only a matter of time before your email account gets hacked.

And if you’re an attorney that time may come sooner rather than later.

Lawyers are a prime target for hackers because their online accounts are viewed as virtual “back doors” to banks, businesses and other deep-pocketed prey.

The scariest part is that you might not know you’ve been hacked until your passwords no longer work, your contacts have been deleted or a friend replies to an email you never sent.

Regardless of how the news arrives, the discovery that you have been hacked can have devastating consequences.

Email Still Rules

We live in a world of social media. Hot on the heels of Facebook’s mega-million dollar stock offering, Twitter sold 70 million shares for $26 each in its own IPO.

These eye-popping numbers affirm the growing popularity of social media. But email still rules. It remains the most popular method of personal communication – and this is even more so in the business realm.

You probably know the obvious ways to protect your email account, such as staying alert for suspicious messages in your inbox and avoiding dubious downloads. But scammers are clever. Phishing schemes are becoming more sophisticated by the day.

9 Steps to Email Security

What to do if your email account is hijacked? Here is a 10-step emergency response plan, courtesy of Huffington Post and other sources:

1.  Change your password. If you still have access to your account after an invasion, log in and change your password immediately. Pick a new one that is unlike the old one and contains no clues (where you were born, birthday, etc) that hackers can easily decipher.
2.  Recapture your account. Follow the directions from your email provider.
3.  Report the incident. Maybe your provider has seen this type of incident before. If so, they will have details about how you were hacked and what you should do to protect your data. Or yours might be a brand-new threat. If so, prompt notification can protect other users.
4. Tell others who should know. Interested parties might include your bank, insurance company and employees. Depending on the nature of the hack, you might also want to notify everyone on your contact list.
5.  Scan your computer with an updated anti-virus program. Hackers often insert Trojans into your system to snoop around and report back with passwords and private data. Put your anti-virus program to work. “Get that program running and eliminate any and all viruses, spyware or malware that it discovers,” writes blogger Adam Levin. “If you don’t have a new and sophisticated security software program now is not the time to cheap out. It’s a reasonable investment that will ultimately show a serious return by keeping your information yours.”
6. Clean up your personal email settings. Cyber crooks love to tamper with your email settings, alter your signature block and set up fake email addresses. Watch out for lethal links as well.
7. Check your email folders. Sometimes we set up email folders and forget they are there. A hacking incident is a good time to visit each folder and clean up its contents.
8. Keep an eye out. Pay attention to your bank accounts and charge cards. Take action at the first sign of a suspicious entry.
9. Attend a Lawyers Mutual “Put Into Practice” seminar. One session assembles a panel of technology experts and malpractice attorneys to discuss hacking and e-scams

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

Source: HuffingtonPost http://www.huffingtonpost.com/adam-levin/9-things-you-need-to-do-w_b_3613497.html

Who is the boss: you or your client?

Answer quickly. Your initial, unfiltered response will speak volumes about how you view your job and its income-generating relationships.

If you think you are the boss, you are probably focusing on the fact that you are the one with the law degree. You have knowledge, skills, resources and access that the client lacks. That is, after all, why they are coming to you.

If, on the other hand, you say the client is the boss, it is likely because they are the ones who pay the bills.

The truth – at least according to the rules of ethics – is that both answers are correct.

In some areas, clients have the sole authority to make decisions and direct the action. In other areas, you get to call the shots.

Scope of Representation: A Slippery Slope?

At issue here is the “scope of representation” – which the bright legal minds at Professional Liability Matters say is a murky swamp that lawyers must wade through on a daily basis.

“Generally, attorneys have an ethical duty to abide by the client’s decisions concerning the objectives of representation and the means by which they are to be pursued,” according to a recent blogpost. “As interpreted by the courts, this means that attorneys have implied authority regarding ‘procedural’ matters, but a client retains the right to make ultimate decisions affecting the client’s ‘essential,’ or ‘substantive’ rights.”

The problem is deciding which decisions are “procedural” and which are “substantive.”

A good starting point is Rule of Professional Conduct 1.2, which says you must abide by a client’s decision to:

• Settle a case
• Enter a criminal plea
• Waive a criminal jury trial
• Testify at trial

By contrast, you have implied authority to:

• Accede to reasonable requests of opposing counsel that do not prejudice your client’s rights
• Avoid offensive tactics
• Be punctual in fulfilling your professional obligations
• Treat all persons involved in the legal process with courtesy and consideration

In addition, Rule 1.2 says that during representation, you may exercise independent professional judgment to waive or fail to assert a client’s right or position. An example: you can agree to an extension of time for the opposing party to file pleadings or discovery without obtaining the client’s consent.

“But these general guidelines leave many strategic questions unanswered,” says Professional Liability Matters. “[W]ho has the final call regarding witnesses, dispositive motions, defense themes, or trial strategy?  For those decisions that are not expressly allocated to the client, the rules provide that the attorney should consult with the client to establish the objectives of the engagement and inform the client of all significant developments in the case.”

Communication Cures Most Ills

When in doubt about the scope of your authority, communicate. This is not just good risk management – it is also required under Rule 1.4:

“In some situations - depending on both the importance of the action under consideration and the feasibility of consulting with the client - this duty will require consultation prior to taking action. In other circumstances, such as during a trial when an immediate decision must be made, the exigency of the situation may require the lawyer to act without prior consultation. In such cases the lawyer must nonetheless act reasonably to inform the client of actions the lawyer has taken on the client’s behalf.”

Communication should be ongoing as the case proceeds. And it should be documented – to head off any accusation that you acted without your client’s permission.

Another tip: apply the golden rule. Treat your client how you like to be treated. That way, you will be partners in a happy endeavor – and neither will have to worry about bossing the other around.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

For more information: Professional Liability Matters http://professionalliabilitymatters.com/2013/10/31/whos-the-boss-attorney-or-client/

Does your law firm have a blog? If so, are you investing time and resources to make it timely, topical and interesting?                                                      

If your answer to either question is no, it is time to get on the boat.

Blogs have become the go-to source for legal information and breaking news, writes Donald Scarinci in the Constitutional Law Reporter.

And it’s not just law firms that are riding the wave – the U.S. Supreme Court has moved to blog city as well.

Advance sheets, hard-copy digests and bound summaries are yesterday’s method of staying in touch. Today, lawyers and laypeople alike are turning to SCOTUSblog – sponsored by Bloomberg Law and run by attorneys – for groundbreaking opinions, conversation and up-to-the-minute updates.

“The website is completely devoted to covering the U.S. Supreme Court, from in-depth analysis of the opinions to Plain English summaries,” writes Scarinci. “On days when the court issues major opinions, conducts oral arguments or grants cases, the site’s reporters live blog their initial descriptions and thoughts on the cases. Because the coverage is faster, more in-depth and more accurate than other sources, it has become a leading source of information about the Supreme Court.”

An example: during oral arguments on the healthcare law earlier this year, SCOTUSblog racked up a million hits. And with a handful of major cases on the high court’s docket, traffic is poised to explode.

A Quarter-Billion and Counting

There are 200 million blogs on the web, with more than 20,000 new ones being launched every day, according to best estimates.

Which raises the question: how do you build a blog that stands out among the masses?

Here are some tips:

Carve out a niche. Law marketing guru Kevin O’Keefe says it is easier to establish a reputation as a go-to lawyer in specific, discrete areas rather than as a generalist. This doesn’t mean you can’t accept cases outside your niche. It simply means you build your base of business on a rock-solid foundation instead of a sprawling swamp.

Avoid junk content. Sure, content is king. But crummy content is a turn-off. Even worse: it will brand you as unoriginal, boring and lazy.

Give your readers a reason to keep coming back. Professional, well-written posts packed with valuable information will ensure a loyal readership and reel in new business.

Post regularly. Shoot for a minimum of one to three posts per week, say most experts. Daily posts are even better. The key is to keep your content fresh. An added bonus: regular updates will improve your search engine rankings.

Start a dialogue. Solicit comments, suggestions and responses to specific posts. An active blog participant is better than a passive reader. Create a community based around your talents and expertise.

Promote your blog. Without adequate promotion, even the best of blogs will drift bleakly in space like the marooned astronauts in Gravity. Use your other marketing tools – newsletters, brochures and social media – to drive traffic to your blog.

3 Blawg Cautionary Tips

Legal blogs have become so widespread that they have been given their own name – blawgs – and genre, according to Wikipedia.

An effective blawg need not be a major drain on your time or resources. It can even be fun.

Three cautionary tips:

• Steer clear of giving legal advice
• Avoid posting legal information with a short shelf life that might quickly become dated
• Be careful not to give readers the impression that engaging in a blog discussion will create an attorney-client relationship.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

Sources:

• About.com Legal Careers http://legalcareers.about.com/od/practicetips/tp/Start-A-Blog.htm
• Constitutional Law Reporter – article by Donald Scarinci http://scarinciattorney.com/legal-bloggers-are-go-to-source-as-supreme-court-prepares-historic-rulings/?goback=%2Egde_2691620_member_251261372

Is the term “legal services” one word or two?

Back in the day, it was without question one. Black’s Law Dictionary defined it as the work performed by a lawyer for a client. The nature of that work might be tangible (drafting a contract, executing a will) or intangible (advice, representation). But the two pieces were inextricably linked.

No longer, says one legal marketing expert.

The substantive aspect of knowing the law requires a different set of skills and strategies than the practical considerations of rainmaking, running a business and growing a practice.

“[I]n today’s mature market there is greater competition among law firms and between firms and non-legal providers (tax accountants, financial planners, and software), not to mention off-shore law firms,” writes legal marketing consultant Tom Kane. “Other factors such as lower realization rates, and alternative fee arrangements are all impacting the legal marketplace.”

Tips for Improving Client Service                                                    

1. Provide value – and explain it to your client. Sometimes there is a disconnect between actual value and perceived value. You might understand the importance of hiring an outside consultant or assembling a team of associates and paralegals to work on a case. The client, on the other hand, might see these as unnecessary and duplicative expenses. Tell the client why the steps you are taking are important. Lay out the advantages in cost-benefit terms.
2.  Don’t just meet deadlines – exceed them. Did the client request a lease agreement by Friday? Get it done by Thursday and watch the client’s face light up with pleasure.
3.  Be responsive. No doubt it has been drilled into your brain to return client phone calls within 24 hours. Unfortunately, in today’s world, a 24 hour response might be about 23 and ¾ hours too late. Come up with a system for logging client contacts and replying promptly. Even if you are unable to personally respond, a staff member could call the client or send a quick email saying you got the message and will be in touch shortly.
4.  Give out freebies. For a business client, offer an in-house workshop on new employment rules. Send a flyer on the possible consequences of the Affordable Care Act. Offer a fee discount at the successful conclusion of a case – and tell the client you’re doing it because you appreciate their business and want them to return.
5.  Ask for feedback. And do it continuously.  Former New York Mayor Ed Koch was known for stopping people on the street and asking, “How am I doing?” It’s a good habit. Request feedback at the start of a case (to clarify expectations), in the middle (to make sure you are on the same page) and at the end (to see what went right and what needs improvement).
6.  Visit clients on their turf - and on your time. If the client is agreeable, offer to hold your next meeting at their home or place of business. This shows you are interested in them as individuals. Offer some conferences at no charge. Explain that sitting down in person helps you understand the client’s specific situation and needs.
7.  Ask for repeat business. It is amazing how often lawyers say goodbye to clients when a case ends without explicitly requesting that they come back if future legal help is needed. Do not let this golden marketing opportunity slip by.
8.  Use social media. Facebook, Twitter and blogs are not just great marketing tools. They are also good ways to stay in touch with clients.
9.  Try not to say no. Clients and prospects are looking for solutions. Even if you are not the right lawyer to take their case, perhaps you could refer them to a colleague or suggest a community resource to get them in a better place.

By doing these things on a daily basis, your clients will know that the “legal services” you provide can be summed up in one word: awesome.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

Sources:

• http://www.flowtown.com/blog/the-value-of-an-existing-customer

http://www.legalmarketingblog.com/client-communications/client-service-why-it-is-more-critical-today/?goback=%2Egde_2691620_member_5796235421520244738#%21

A lawyer in Tennessee committed what looks like obvious malpractice by filing a claim after the applicable statute of limitations had expired.

Nothing particularly newsworthy there.

What makes the case interesting is the fact that the blown statute came in a lawsuit against another attorney for – you guessed it – missing a statute of limitations.

The scenario in Frazier v. Jackson (Civil Action No. 3:12cv0564; U.S. Eastern District, Tenn) is like an O. Henry story that ends on a note of dramatic irony … or perhaps an Escher drawing of a lizard eating a lizard eating a lizard.

Beyond these artistic analogies are a number of risk management lessons.

First, the facts.

Latent Claims and Choice of Law

The underlying case was a mesothelioma claim. This was problem number one. In such cases – sometimes called long-term latency cases – calculating the statute of limitations can be tricky. Symptoms may not appear for years or even decades after the initial injury. Causation can be difficult to prove.

The case also presented civil procedure issues that would have tied even the most brilliant law professor in knots.

The plaintiff was a Tennessee resident when the underlying case was filed but had been exposed to asbestos while working in Illinois. The defendants were primarily Alabama law firms and attorneys. The underlying lawsuit was pending in an Alabama state court when it was dismissed – after having been originally filed in Mississippi. The malpractice lawsuit against the Alabama attorneys was filed in Tennessee.

Got all that? It get betters – or worse, depending on your perspective.

“The Tennessee federal court applied Tennessee law which has a one-year statute of limitations for malpractice actions,” according to one online commentator. “Plaintiff argued that Alabama law, with a two-year statute of limitations, should have applied.”

“The court found that plaintiff’s new counsel in the underlying case, who was also malpractice counsel, was aware of possible statute of limitations issues in the underlying case by October 2011 at the latest, and thus the plaintiff’s malpractice claim had accrued by that time, even though the underlying case was not dismissed until 2012. The case was filed more than a year after the accrual date and was barred under Tennessee law.”

The court’s holding meant that the plaintiff should have filed the malpractice action while the underlying case was still pending. This would have been awkward, to say the least. But the court suggested it should have been filed anyway, then stayed pending final resolution of the underlying case.

3 Risk Management Takeaways

One unanswered question: did the lawyer commit malpractice by missing the statute of limitations or for filing in Tennessee instead of Alabama, which had a longer statute of limitations?

Regardless, this attorney’s headache might have been avoided if closer attention had been paid to three red flags:

• Multistate litigation. Choice-of-law and jurisdictional dangers lurk in cases where the parties, attorneys and cause of action reside in different states.
• Jumping into a case in midstream. It’s hard enough to steer a case to a successful outcome when you are behind the wheel from beginning to end. It becomes infinitely harder when you slip into the driver’s seat while the vehicle is still moving.
• Suing for malpractice. One of the challenges of prosecuting a malpractice case is that you not only have to prove a breach of professional care, but you also have to litigate the underlying matter as well.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

For more information:

• http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&discussionID=261388246&gid=1780513&trk=eml-anet_dig-b_nd-pst_ttle-cn&fromEmail=&ut=3qWIFCG9sHJlQ1

• Frazier v. Jackson et al http://docs.justia.com/cases/federal/district-courts/tennessee/tnedce/3:2012cv00564/65868/71/?goback=%2Egde_1780513_member_261388246

Close to half of all 2012 law school graduates nationwide have been unable to land a law-related job, according to the latest numbers.

Many of them have given up and accepted employment outside of the law.

One reason is an economy that is still struggling.

Another: law firms are trimming associates and support staff and slashing compensation for partners, as reported here and here. This is happening even as the tide of new law graduates keeps rising.

All of which has some experts calling for an overhaul of the way we educate lawyers and prepare them for the workforce.

“Legal education is in crisis,” Hastings College of the Law chancellor Frank Wu told the San Jose Mercury-News. “Nobody has seen anything like this. There are too many lawyers, there are too many law students and there are too many law schools.”

In Wu’s world, only one in four recent law graduates have settled into law jobs.

The Numbers Are Not Encouraging

Here is a snapshot of the legal market through September 2013:

• 46,364 law graduates in 2012
• 56 percent have gotten law jobs
• 11 percent are unemployed or seeking employment
• 29 percent have accepted non-law jobs
• 4 percent have taken law-school funded positions

“The bottom line is that we have a terrible legal job market,” according to Above the Law. “Of the 60,000 legal sector jobs lost in 2008-9, only 10,000 have come back. So the industry is down 50,000 jobs and there is no reason to believe they will ever reappear. If you ignore school-funded positions (5 percent of the total number of jobs), this market is worse than its previous low point of 1993-4.”

This summer, Weil, Gotshal & Manges, one of the nation’s largest, prestigious and most profitable law firms, laid off seven percent of its associates, cut compensation for dozens of partners and fired 110 secretaries and support staff.

“Big corporations, facing pressures of their own, have clamped down on legal expenses,” reports the New York Times. “They have beefed up their in-house legal staffs and perform much of the work themselves. They are demanding that for routine assignments like document discovery, work be sent to outsourcing firms and contract lawyers rather than given to expensive associates. And they ask for discounts or capped fees at places like Weil, which charge more than $1,000 an hour for some partners’ work.”

And Weil was only one of a number of large firms that have wielded the employment scalpel.

Why Jobs Are Scarce

It is no secret that the poor economy is the number one reason for the grim hiring situation . Other reasons, some of which were recited in the Times piece, include:

• Increasing commoditization of legal services
• A rise in legal outsourcing
• Client demands for cost controls
• Erosion of the traditional partnership track
• Waves of new attorneys coming from law schools

This last point has sparked a lively debate among academics, headhunters and hiring partners.

“Once considered a sure bet for a stable, well-compensated career, law has become a riskier gamble,” according to the San Jose Mercury-News. “It’s not only harder to become a lawyer now, it has become much more costly. Law schools are under pressure from all sides. Prospective students balk at the high tuition, while firms assert that graduates leave school unequipped to practice law.”

Even the Commander in Chief has weighed in. In a recent speech, President Obama suggested that law schools cut back to two years instead of three, with the third year being spent getting actual experience as a law firm clerk or intern.

Why should practicing lawyers – especially those who have been out awhile and have already paid their dues – care about the plight of newbie JDs?

Because they are your colleagues and your competitors. And because they are the future of our profession.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

Sources:

• Above the Law http://abovethelaw.com/2013/06/are-the-weil-layoffs-the-start-of-a-biglaw-trend/
• San Jose Mercury-News http://www.mercurynews.com/education/ci_24192739/law-schools-at-crossroads-weak-job-prospects-high
• New York Times http://dealbook.nytimes.com/2013/06/24/big-law-firm-to-cut-lawyers-and-some-partner-pay/?_r=0

It is said that riches are found in niches.

But how does one go about identifying and carving out a suitable law niche? And how to make it profitable?

Legal rainmaker Jaimie Field has some suggestions. In a recent series of blogposts, she explained the whats, whys and hows of establishing a niche to develop your book of business.

What Is A Niche?

A niche is a small but specific, well-defined segment of the population. The goal of niche marketing – also called micromarketing – is to become a big fish in a small pond.

We usually think of niches as being pegged to a unique practice area or industry. But a niche can also be defined by age, gender, ethnicity, lifestyle, location or hobbies.

“Niches do not ‘exist’ but are ‘created’ by identifying needs, wants and requirements that are being addressed poorly or not at all by other firms, and developing and delivering goods or services,” according to the Business Dictionary.

You can think of a niche as your practice core. It is a quasi-specialty without restrictions – and without the need for Bar certification.

How to Find Your Niche?

First, daydream. Imagine your perfect client. Visualize the sort of person, group or business you would love to work with.

Choose prospects that match your skills, interests and areas of expertise. Do not be afraid to stretch. You are probably most comfortable working with people just like yourself. But to grow your practice you might need to step outside your comfort zone.

Second, do some research. Is your preferred niche substantial enough to support your practice? Are there sufficient prospects nearby to make it soar?

Third, scope out the competition. Who else is doing what you want to do? If there are tons of competitors, you may be thinking too broadly. Narrow your focus.

Fourth, get to work doing the things – marketing, rainmaking, studying your new niche – to set yourself apart.

Oh, The Things A Niche Can Do

Before long, you will be known as the “go-to” lawyer in your designated area.

Here are some good things that will flow from that:

• You widen your visibility. It sounds counter-intuitive, but by concentrating your practice you can cast a wider net. When you are not trying to be all things to all people, you can do exceptional things for the right people.

• You make more money. Working in a niche allows you to focus your time, energy and resources more effectively and efficiently.

• You become a heavy hitter – even if you practice out of your spare bedroom. “Once you become known in that niche as someone who has knowledge and can be helpful with the niche’s problems, the size of your firm will not matter,” writes Fields.

• You position yourself as an expert. You become a cardiologist or brain surgeon instead of a general practitioner.

So let your imagination run free. Look inside yourself to discover what you are good at and what turns you on. Then go out and share it with the world.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com, phone 919-619-2441.

Source: http://jaimiefield.com/2013/10/16/rainmaking-recommendation-88-pick-a-niche-to-scratch-their-legal-itch-part-3-how-to-pick-a-niche/?goback=%2Egde_2691620_member_5796260921944854529#%21

A picture may be worth a thousand words – and in the courtroom it might bring a million dollars.

That’s the lesson from Nevada, where a Hong Kong businessman was awarded $1.03 million to cover the expenses for his six-week trial of a business dispute that ended in May. The sum is 10 percent less than he asked for but 90 percent more than the other side argued was reasonable.

“In taking 39 minutes to deliver his ruling from the bench, Clark County District Judge Rob Bare included a ringing endorsement of the computer graphics and document management that have become increasingly common in complex trials, particularly involving business matters,” according to a story in the Las Vegas Review-Journal. “Slightly more than half of [the plaintiff’s] bill after winning his trial — $593,000 out of $1.17 million — was for various slides that helped explain his case and the cost of hiring a trial technician to ensure hundreds of pieces of evidence popped up on big-screen monitors on cue.”

The judge said the jury appreciated not having to sift through thick binders of documents. And the winning attorney said without the digital display the proceedings would have gotten bogged down in a swamp of paperwork.

But opposing counsel objected to awarding big bucks for what he said was simply a high-tech dog-and-pony show. He said the plaintiff’s financial outlay did not meet Nevada law’s standard for awarding “reasonable and necessary” expenses to the winner of a trial. And he told the press that for “hundreds of years” jurors have done just fine reading words on paper.

“Jurors can make decisions without the benefit of graphics and without trial technicians putting graphics on a screen,” he was quoted in the newspaper as saying.

The expense award was added to the $100 million the plaintiff won in his lawsuit against the Las Vegas Sands hotel empire. The Sands is expected to appeal.

Give The People A Show

An audience is better able to grasp and retain information that is seen and heard at the same time.

And in today’s plugged-in, Google-glassed world where pictures speak volumes and brevity rules, a punchy and graphic display can mean the difference between winning and losing.

This is especially true when the info is complex – as was the case in Nevada.

The award included reimbursement for:

• Courtroom graphics
• Videotaped depositions
• Synchronization of written displays with audio clips, much like movie subtitles

The fact that the plaintiff faced enormous legal and logistical challenges in proving his $328 million claim against a high-rolling enterprise on the Strip justified spending so much on presentation, the court said.

There were some expense items that the judge turned down. He refused reimbursement for $19,000 in photocopies, faxes and FedEx charges, as well as $104,000 for travel and hotel expenses.

Even so, the message was clear: the sophisticated – and expensive – courtroom display was worth the money.

“I think the judiciary should encourage this type of professional, high-caliber type of presentation,” the judge said.

But before you start shelling out big bucks on a laser light show for your next traffic ticket trial, remember that substance trumps style every time. And even though you can dress a dog in a tuxedo, it is still a dog.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Contact jay@lawyersmutualnc.com or phone 919-619-2441.

Source: Las Vegas Review-Journal http://www.reviewjournal.com/business/casinos-gaming/judge-oks-103-million-plaintiffs-expenses-las-vegas-sands-trial#!