Podcast category: Best Legal Practices
December 30, 2014
The Fair Labor Standards Act (FLSA) is often overlooked as a part of workers’ compensation because it does not involve injury. The FLSA was a job creation bill passed in the 1930s that requires all employers in the United States to pay employees time-and-a-half, or 1.5 times their normal rate applied to every hour worked in overtime. As probably every worker knows, overtime starts after 40 hours of work per week. This is a federal statute that applies in every state to every worker, although 29 states have their own Wage and Hour laws. Who is exempt from the FLSA, how is this law enforced, and what related issues arise?
In this episode of Workers Comp Matters, host Alan Pierce interviews Michael Galpern, a workers’ compensation lawyer who specializes in the Wage and Hour area of the law. Together they discuss the importance of the FLSA, what types of managerial positions are exempt from the law, and how the Departments of Labor enforce the law. Galpern explains the issues that arise with tipped employees and cash methods of compensation. If an employee has suffered an infraction or violation of the FLSA, he urges them to find a lawyer. The attorney will know what questions to ask of the employer and what documents to require for discovery. Furthermore, the defendant must pay for the attorney if the case is ruled in favor of the plaintiff. Galpern gives an example of a case, Stillman versus Staples, in which Staples had classified many of their assistant managers as managers and claimed them exempt from the FLSA. Tune in to hear the exciting verdict. Overall, Galpern emphasizes that every job in the United States is covered under the FLSA; some jobs may be covered and exempted, but all are initially covered.
Michael Galpern is the Co-Managing Partner and Chairman of the Wage and Hour department of the Locks Law Firm in Cherry Hill, New Jersey. Galpern is also the new president of the Workers Injury Law and Advocacy Group (WILG) and the past president of the New Jersey Association for Justice. Galpern has also been an invited lecturer on numerous occasions, speaking on subjects related to civil litigation and complex torts.
Special thanks to our sponsor, PInow.
December 29, 2014
There has been a rapid growth in electronically stored information that is potentially useful for e-discovery in litigation. Because more data storage means higher costs, organizations are searching for new ways to store their information efficiently and cost effectively while at the same time not limiting access throughout discovery, a process which can sometimes last for months or years. It is important for litigators and large companies to understand what their options are for data storage and hosting cost flexibility. A process called “nearlining” provides a relatively simple solution to this problem of expensive data storage.
On this episode of the ESI Report, host Michele Lange interviews discovery product director Andrea Gibson and civil litigator Brian Calla about data storage costs, the nearlining process, the formatting of data storage, and other innovations in document review. Gibson explains that data access is not necessarily to all data, but to the appropriate data for any point in time, which can change throughout the life of an investigation, regulatory review, or litigation. The challenge lies in keeping volume of information reduced while maintaining access to what’s important. Nearlining, she says, is a capability by which you can store data that isn’t currently necessary, making the active data footprint smaller and greatly reducing electronic information storage costs. Calla, who often deals with e-discovery, discusses how nearlining works with his clients’ needs. Often, they wish to collect too much data initially. In this case he uses predictive coding to weed out unnecessary data and nearlines it for potential later need. When a project or review is finished, he will nearline all documents that are coded not responsive. Gibson and Calla finish by discussing other data storage innovations they each use to reduce costs including reformatting, predictive coding, and automatic redactions.
Brian Calla is a member at Eckert Seamans in Pittsburgh, PA. He concentrates his practice in general civil litigation with a particular emphasis on e-discovery, mass tort litigation and products liability. Calla serves as an Electronic Discovery Special Masters (EDSM) panel member for the U.S. District Court for the Western District of Pennsylvania.
Andrea Gibson is the Director of Product for Discovery Solutions at Kroll Ontrack, specifically working on the ediscovery.com Review product line. She has more than 10 years of direct experience as a litigator and legal consultant.
December 19, 2014
As we reach the end of 2014, it’s time to look back at the world of legal technology and some of the best advancements, worst fails, popular trends, and developments of the year. Using this information, trends and events can be predicted for 2015. What are the odds that two or more state bar disciplinary groups will issue rules about lawyers using technologies that will baffle lawyers that actually use that technology? It’s time to answer this and other questions about the way lawyers are interacting with new technology.
In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell adopt the ESPN “Pardon the Interruption” approach to take a fast-paced, broad-based look at the past year, contribute a few thoughts on 2015, and give lawyers some ideas of what they can be doing with legal technology.
In their first section, “Toss Up,” Kennedy and Mighell each take opposing sides of such debates as:
- Phones or Phablets?
- Passwords or Advanced Security Techniques?
- To Cloud or Not to Cloud?
- Is more/better innovation coming from outside or within the legal service provider market?
- Was 2014 a big year for new technologies?
What’s the Word
In the second section, “What’s the Word,” the hosts analyzes the way lawyers are interacting with technology. They consider subjects such as human document review versus predictive coding, how lawyers use social media, the impact of the Windows Surface Tablet, bring your own device (BYOD), and lawyers facing technology choices.
The third section of the podcast, “Odds Makers,” is about the predictions of legal technology stories in 2015. Kennedy and Mighell hypothesize the chance that certain events will happen over the next year. The following questions are approached:
- How many lawyers will discuss their appreciation for WordPerfect 5.1 for DOS?
- How likely is it that a lawyer’s next computer will be a Mac?
- What are the odds that a lawyer will attend a conference about legal technology?
- Will the new “killer app” for lawyers appear in 2015?
Play along with the hosts as they give their predictions and let them know your take on legal technology for 2014 and 2015!
As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast end.
Special thanks to our sponsor, Serve Now.
December 18, 2014
There are numerous sources in the legal world claiming that lawyers need to work on building and growing their networks in order to gain referrals. But with hundreds of connections, how is a solo lawyer able to build and develop proper relationships with everyone? Maybe lawyers should be thinking about the quality of their connections rather than the quantity. What should a solo or small firm attorney do to build a good referral network?
In this episode of New Solo, Adriana Linares interviews family law practitioner Lee Rosen about forming strategic partnerships and setting up a basic referral network. Rosen actually rejects both of those phrases and explains that he thinks of an effective referral network as a collection of close friends who provide value to each other in multiple ways. Lawyers should build relationships with around twenty other lawyers and people in different professions who have the opportunity to provide referrals. Also, he says, you need to LIKE these people, because they will be your friends for the rest of your practice. Once you have found the right twenty connections, use things like social media to maintain these relationships. At the end of the podcast, Rosen explains three important takeaways for solo lawyers: be interested in the other people, be deliberate and calculating when you choose connections, and pick up the phone and start calling people today. He believes this form of networking will grow your practice and make you happy.
Lee Rosen has practiced family law for more than 20 years, with four offices in Raleigh, Charlotte, Durham, and Chapel Hill, North Carolina. He served as the Law Practice Management editor of the ABA Family Advocate for more than a decade and received the ABA James Kean Award for excellence in elawyering. He also served as chair of the Law Practice Management Section of the North Carolina Bar Association. He’s a frequent speaker, often sought out by media as a source of family law insight and commentary and the publisher of DivorceDiscourse.com, a widely popular daily advice blog about law firm marketing, management, and finances.
Special thanks to our sponsor, Solo Practice University.
December 16, 2014
As lawyers, we hear a lot about the technological advances in e-discovery and information governance. How do you describe the current state of e-discovery from an opportunity and growth perspective, and how does this market opportunity impact the pulse rate of mergers, acquisitions, and investments? For lawyers purchasing e-discovery packages, there are several types of vendors and pricing models, and they need to be asking the right questions. What does the data governance solution need to do, how much does it cost, what are the time constraints, and how complex is the system?
In this episode of Digital Detectives, Sharon Nelson and John Simek interview technology marketer Rob Robinson about the current and future trends in data governance, how to choose an e-discovery provider, and events that will influence e-discovery and information governance in 2015. Robinson explains that the combination of software and services that make up the worldwide market for e-discovery in 2014 is just over 6.2 billion dollars and is growing at a consistent rate. He breaks the market down into three categories: developers who create and sell proprietary technologies or services, integrators who package and resell available services with custom development, and aggregators who combine and resell the technologies and services developed and purchased from others. Going into the future, Robinson discusses his excitement over advances in predictive coding, visual classification, and enhancing e-discovery processing. Also, due to corporate pressure for time and cost compression, these e-discovery solutions should continue to become cheaper and more time efficient. At the end of the podcast, Robinson discusses his use of social media to research trends in the information governance market.
Based in Austin, Texas, Rob Robinson is a proven technology marketer who has held senior leadership positions with multiple top-tier legal technology providers. Currently he is a managing partner with technology marketing consultancy ComplexDiscovery Solutions. With a strong interest in eDiscovery, information governance, and social media, Rob writes and posts regularly on technology and marketing topics on his highly referenced ComplexDiscovery blog.
December 15, 2014
In this episode of The Robert Half Legal Report, host Charles Volkert, executive director of Robert Half Legal, and Billie Watkins, district director for Robert Half Legal, discuss the latest trends affecting hiring and legal careers. They reveal areas where demand is greatest for skilled talent in the legal profession, the expertise being sought by employers and where legal salaries are headed in 2015.
December 15, 2014
Financial security is an important factor for individuals and their families when choosing to go with a structured settlement. Today on Ringler Radio, host, Larry Cohen joins Phillip Krause, a new structured settlement consultant for Ringler Associates out of Naples, Florida to discuss his journey from wealth management to structured settlements, his insight on financial security. the importance of being an active leader in the community and the overall benefits of structures.
Visit Ringler Associates to contact a consultant in your area about structured settlements.
December 11, 2014
The Microsoft Surface Pro 3 has been released and, according to these lawyers, it finally lives up to the standards of a laptop. It is lighter and more mobile than even the lightest laptop, which makes it better for travel. However, this tablet can download the software and applications that many lawyers use in business like Acrobat, Photoshop, Microsoft Office, while also supporting multiple users. The Digital Edge host Sharon Nelson purchased a Microsoft Surface Pro 3 recently and has put it through the test of whether this tablet can actually replace the laptop she uses for her business.
In this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway invite Nelson’s business partner, husband, and technology expert John Simek on to analyze the statistics of the Microsoft Surface Pro 3 and assess for whom it can replace a laptop computer. The beneficial features of the tablet include:
- USB Port
- Solid State Hard Disk
- Wireless Connectivity
- Hard Wire Capability
- 12” Screen
- 2160×1440 Resolution
- Micro SD Card Slot
- Headphone Jack
- Mini Display Port for Additional Monitors
- Front and Rear Cameras
- Multiple Processor Options
Nelson found that these features made this tablet work for her as a laptop replacement. She found the i7 Processor particularly nice since lawyers often have little patience with a slow computer. However, this isn’t an advertisement for the Surface Pro 3, so Simek pointed out some downsides to the product. Purchasers should expect to pay laptop prices (instead of tablet prices) ranging from $799 to $1949, not including necessary accessories like the keyboard, which will cost an additional $199. The battery life ranges from 8 to 9 hours, relative to the iPad which consistently lasts 10 hours. Also, the Surface Pro 3 can’t sit atop a lap; it needs a hard surface to work with the kickstand. Despite the downfalls, however, Simek and Nelson have agreed that this tablet can replace a laptop, at least in their legal practice.
John Simek is the Vice President of Sensei Enterprises, holds many digital forensics and IT certifications, and is the co-host of Legal Talk Network’s Digital Detectives podcast. Simek is the co-author of 12 books with two more slated to come out next year and a frequent speaker on the lecture circuit where he talks about IT, information security, and digital forensics.
Special thanks to our sponsor, Serve Now.
December 10, 2014
Although being a paralegal is a rewarding job, sometimes paralegals experience burnout in their careers and consider changing positions or leaving the profession altogether. There are many ways to revitalize your paralegal career in order to avoid such drastic decisions. Joining a local, state, or national paralegal association can be energizing and spark fresh interest in the field. To really reap the long-term rewards, it is best to become an active member of one of these associations. Engaging with other paralegals can help you recognize that others often have similar problems, there isn’t necessarily a better situation in a different firm, and there are many people who are willing to provide you with support. There are many other ways to add depth and success to a career that may seem stagnant or discouraging. Every paralegal simply needs to find a solution that fits.
In this episode of The Paralegal Voice, Vicki Voisin interviews managing editor of Paralegal Today Magazine Patty Infanti about how paralegals can revitalize their careers. Together they discuss the many different professional directions a paralegal can take in order to build confidence, increase experience, and simply enjoy his/her job more. In addition to joining an association, taking a continuing legal education course and passing an exam leads to credibility and a boost in confidence. Infanti encourages diversity in the topics of classes and maintains that it is just as helpful to get a certification in a new field. Voisin and Infanti both encourage all paralegals to give a lecture, write an essay, or even teach a course on the subject he or she knows best. This could be an area of law, a specific technology, or professional development. Helping other paralegals in any of these ways, they explain, can be the best way to reignite the fire of excitement for your job and field. Voisin also advises paralegals to take all of their vacation days and relax while they’re not at work. Infanti adds that breaks from deskwork throughout the day, even just to grab a lunch sandwich, can really change the attitude of, refresh, and revitalize an exhausted employee.
Patricia E. Infanti, PP, PLS is a member of The Association for Legal Professionals (NALS) and served as President from 2010 to 2011. A past president of both her local chapter and state association, she is currently serving as Parliamentarian of NALS of Pennsylvania and is the Website Chair of NALS of Philadelphia. She is also a member of NALS Leadership Identification Committee and the NALS Genius Bar. Infanti has been employed in the Corporate Real Estate department of Ballard Spahr LLP in Philadelphia, Pennsylvania since 1990.
Special thanks to our sponsors, NALA and Serve Now.
December 9, 2014
All lawyers should start focusing on intake and lead conversion, since it is the easiest and cheapest way to increase revenue. For the purpose of this podcast, lead conversion happens when prospective clients are turned into paying clients. Lead conversion is just a part of intake, the process or system that takes a potential client from the point of contact with your law firm to signing up to be a paying or retaining client. Most lawyers believe themselves to be very good at lead conversion, often boasting up to a 92% conversion rate. However, these lawyers are only counting leads that are already sitting in consultations, who need the services the lawyer provides, and with adequate money to pay for them. Actually, a lead is anyone who clicks on the law firm website, calls for information, or is referred by an existing client. If these leads are measured and analyzed properly, there are very simple changes a law firm can make based on that data to dramatically increase revenue.
In this episode of The Un-Billable Hour, Christopher Anderson interviews law firm marketing expert Stephen Fairley about the importance of lead conversion and client retention, the mistakes most law firms are making, and some simple and more complicated solutions to increase intake success. Fairley defines a lead as a person with whom the firm has never done business, who needs the services they provide, and who contacts them by phone or online. Once this potential client makes contact, he explains, conversion rate drops by 400% after 5 minutes. He recommends that every firm have an established non-lawyer and non-paralegal employee responsible for responding to every lead and setting up appointments. Tracking your firm’s intake process is incredibly important, Fairley explains, because you can use the data to make small changes with big results. If a law firm is looking for a place to start, he says, they should record all contacts and hire a secret shopper to give some outside perspective.
Stephen Fairley is the founder and CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in marketing and lead conversion for small to medium law firms. He has developed “The Rainmaker Marketing System” which has helped more than 10,000 attorneys nationwide who have leveraged his system in building their businesses. Fairley has written two international best-sellers and is academically trained as a clinical psychologist. Prior to focusing on the legal marketplace, Fairley ran two successful small businesses and over a period of 14 years and he has become a nationally-recognized legal marketing expert. He has spoken numerous times for over 35 of the nation’s largest state and local bar associations and he has a large virtual footprint with a highly successful rainmaker legal marketing blog.
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