Posted on 16 April 2009
Tags: litigation documents, rules of civil procedure, smartrules, virtual law firm
The following excerpt is just one of thousands of stories regarding the anticipated impending death of the big law firm model of practicing law:
“Willard left his job as partner at DLA Piper, a huge global blue-chip law firm, because, he said, he was fed up with the traditional business model that required it to annually increase rates and billable hours to finance ballooning profits and overhead. Last fall, he joined a start-up “virtual” law firm that he said is much better suited to the current economic conditions: It does business mainly over the phone and Internet and through video conferencing. Because the firm lacks two of the biggest cost drivers — a prestigious brick-and-mortar office and associates — he said he is offering his clients substantial savings compared with what they paid before. “Everyone realizes the big law firm model is broken,” said Willard, a partner in Silicon Valley-based Virtual Law Partners, who works out of his office — adjacent to his kitchen and family room — at his Reston home. Although thousands of lawyers and staff members across the country have been let go during the past six months, Willard and Virtual Law’s founder say that since June they have been adding three partners per month. “When you tell people, ‘I’m going to drop my rates 25 percent,’ it’s a pretty easy decision” for them to hire you, Willard said. Experts say the changes across the country are unprecedented and are hitting the bigger firms in particular. Unlike previous recessions, during which lawsuit filings increased, litigation this time is down sharply because the credit crunch is forcing corporations to curtail their legal spending, experts said. Partners are being de-equitized, associates fired, practice areas phased out, and some large firms are closing. ”
The good news is: practicing law in your kitchen has never been easier. There are more and more tools available for small firms and solo practices to provide the same level of service and support that is provided by the big firm environment.
1. Document Managment. WorldDox and SharePoint provide excellent alternatives to the big firm soultions such as Interwoven (iManage) and OpenText (DOCS). These applications are affordable and effective.
2. Sample Document Library. Big law firms can give practitioners access to thousands of previously drafted documents, but in the age of the internet, this resource is really available outside big firms. RealDealDocs contains millions of documents and clauses from the leading firms and companies in the world.
3. Legal Research Tools. Loislaw and Versuslaw provide viable alternatives to pricey Westlaw and Lexis.
4. Rules and Other Compliance Sources. Instead of subscribing to sets of books and getting pocket part all year, SmartRules provides all the information you need to draft most civil litigation documents in most jurisdictions in the state and federal courts of the United States.
5. Calendaring and Docket. CompuLaw and LegalEx are excellent calendaring tools.
Posted on 13 April 2009
Tags: discovery motion, litigation documents, motion for summary judgment, motion practice, rules of civil procedure
Especially if you are working in an unfamiliar jurisdiction, it pays to be aware of these five common motion practice pitfalls that are easily avoided.
1. Watch Out For Meet and Confer Requirements. Many jurisdictions now require attorneys to meet and confer regarding any motion practice, not just discovery motions. Check the SmartRules Guide for the jurisdiction where your action is pending to learn of any local meet and confer requirements.
2. Watch the Cut-Off Date. In many jurisdictions a motion must be noticed such that it can be heard or otherwise resolved before the applicable cut-off date, filing before the cut-off date may not make your motion timely. Check the SmartRules Guide for the jurisdiction where your action is pending to learn the precise deadline for serving your motion.
3. Schedule the Hearing If Necessary. Many jurisdictions require that the moving party reserve and schedule a hearing date. Check the SmartRules Guide for the jurisdiction where your action is pending to learn how scheduling the hearing is handled by your court.
4. Don’t Forget the Separate Statement. Motions for summary judgment are not the only motions that require a separate statement. Make sure you check the SmartRules Guide for the motion type in the jurisdiction where your action is pending.
5. Make Sure Your Declarant is Available. In most jurisdictions live testimony on a motion is not routinely allowed. Don’t wait until the day you file to start obtaining your declarant’s signature. Last minute travel and broken fax machines can cause your client to incur significant unnecessary expense to acquire that crucial signature from a third party. Check your SmartRules Guides for rules and requirements regarding declarations.
Posted on 12 March 2009
Tags: law firm, litigation documents, practice of law, rules of civil procedure, smartrules
The technology and services available today make it possible for well equipped small firms, even one-man practice groups, to provide big firm service and success to clients. In fact, if you have practiced in a big firm you know that the big firm environment has some drawbacks for clients. For example, the culture encourages billing as much as you can get away with on each task, and files often don’t get much attention unless a deadline is looming. The major advantage to big firms, such as access to extremely experienced practitioners and well trained support staff, can now be replicated to a great extent at smaller firms. So what do you need to equip your small firm? Here are some suggestions:
1. Document Managment. WorldDox and SharePoint provide excellent alternatives to the big firm soultions such as Interwoven (iManage) and OpenText (DOCS). These applications are affordable and effective.
2.Sample Document Library. Big law firms can give practitioners access to thousands of previously drafted documents, but in the age of the internet, this resource is really available outside big firms. RealDealDocs contains millions of documents and clauses from the leading firms and companies in the world.
3.Legal Research Tools. Loislaw and Versuslaw provide viable alternatives to pricey Westlaw and Lexis.
4.Rules and Other Compliance Sources.Instead of subscribing to sets of books and getting pocket part all year, SmartRules provides all the information you need to draft most civil litigation documents in most jurisdictions in the state and federal courts of the United States.
5.Calendaring and Docket. CompuLaw andLegalEx are excellent calendaring tools.