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3 Tips For Competing – And Succeeding – In The 21st Century Legal Marketplace

Posted By Sara E. Rust-Martin, Monday, May 8, 2017


Over the past few weeks and months, I've posted information and articles about mobile and cloud computing. But, those articles haven't answered all of the questions. Mobile and cloud computing have dramatically affected the business world, altering the ways that we communicate and share information. The legal industry has certainly not been immune from this rapid change. The provision of legal services has necessarily been shaped by the shifting expectations of legal clients, requiring law firms to change with the times in order to compete.

But what should a law firm do to meet the needs of 21st century legal clients? Where should a firm’s efforts be focused? Which steps will be most impactful, while still being cost-effective?

These aren’t always easy questions to answer. Fortunately, Nora Riva Berman and Patrick Palace covered many of these issues and more at this year’s ABA Techshow in March during one of my favorite presentations. During their talk, “Resetting Your Law Firm For a Changing Economy and Marketplace,” they discussed steps that lawyers can take to strategically compete in today’s competitive legal landscape.

Below you’ll find the visual notes from that session along with 3 favorite tips and links that provide further information (click to view larger image):

Think like an entrepreneur

The presenters stressed the importance of thinking like an entrepreneur. They explained that solo and small firm lawyers may not realize it, but that they are, in fact, entrepreneurs. And, just like entrepreneurs, 21st century lawyers need to make sure that their law firms are lean, efficient, and effective businesses. The best way to do this is to increase productivity and reduce redundancies and ineffective processes.

According to the presenters, eliminating waste is the first step toward greater efficiency. To eliminate waste, use the DOWNTIME formula and take steps to avoid:

  • Defects and mistakes
  • Over-production
  • Waiting
  • Non-utilized talent
  • Transportation/excess motion
  • Inventory/piles of files
  • Motion
  • Extra procession (doing more than valued)

For more tips on running a law firm like a 21st century lawyer/entrepreneur, make sure to watch a recording of this webinar, “Building a 21st Century Law Practice.”

Increase  efficiency by streamlining your law firm’s processes

So now that you know that efficiency is key, how do you go about increasing your law firm’s productivity? According to the presenters, there are a number of key steps you can take. For starters, streamline your law firm’s paper intake process by moving toward a paperless law practice. By digitizing your firm’s documents, you’re taking the first step toward creating a mobile, responsive 21st century law firm.

Another way to increase efficiency is to implement project management systems. Project management tools help to streamline your law firm’s workflow and increase productivity. One way to implement project management principles into your firm is to ensure that at the beginning of each new case, the same procedures are followed from start to finish. According to the speakers, there should be procedures in place for each new case that relate to: 1) initiation, 2) planning, 3) execution, 4) control, and 5) closure.

To learn more about increasing productivity by streamlining your law firm’s processes, watch the recording of this webinar, “Running an Efficient Law Firm.”

Save Time and Money with Cloud Computing and Client Portals

One final time-saving recommendation offered by the presenters is to take advantage of the many benefits of cloud computing and client portals. The presenters explained that one of the easiest ways to increase efficiency is by using cloud computing tools, such as law practice management software. When your law practice’s data is stored in the cloud in law practice management software, you have 24/7 access to all of your law firm’s data, anytime, anywhere. And the built-in productivity tools, including tasks and to-dos, workflows, time-tracking tools, and billing and invoicing, make it easy for you to stay on top of your busy law practice and get things done quickly and efficiently.

What’s more, as the presenters explained, cloud computing provides benefits not only to you, but your clients as well. By taking advantage of the client communications features often found in law practice management software, you’re able to provide a higher level of client service. When you use client portals in your firm, all client communication is streamlined and occurs in an encrypted, secure online environment.

To learn more about how client portals can improve your law firm’s communications and create satisfied legal clients, check out this infographic, “The Benefits of Client Portals.”

 Attached Thumbnails:

Tags:  changing economy  client portals 

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Succession Planning

Posted By Sara E. Rust-Martin, Monday, May 1, 2017

Succession Planning:  Allowing everyone a productive and secure place in the firm.

In 2006, the Oregon Attorney Assistance Program conducted one of the first retirement surveys of lawyers by a bar-related organization. Ten years later, in June of this past year, they invited about 6,000 of their members age 50 and over to again fill out a similar survey.

In the current retirement survey, bar members 60 to 69 years of age represented over half (53 percent) of survey participants. In addition, 50 percent of the respondents are planning to retire from legal practice in the next five years. We are looking at a paradigm shift with a departure of these Baby Boomers and the anticipated loss of their experience and expertise.

The trend revealed by the Oregon survey reflects the entire nation. Some 10,000 Americans turn 65 years old every day. Law firms throughout the country are scrambling to manage their aging workforce and what it means for the future of their firms.

Aging is no longer just about people 65 and older. As people are living longer, living better and maintaining a more balanced and vital lifestyle, this impacts the career expectations of attorneys at all points along the career trajectory.

Traditionally, aging has been a personal matter, rarely discussed outside one’s immediate family. But in a law firm setting, anxious younger partners may be the first to bring up succession planning as the area of concern. The pressing data from the Oregon retirement study indicates that succession planning for our aging lawyer population is too critical to be ignored and will not get any easier if left unattended.

Historically, retirement was seen as a single event – withdrawal from the workforce into leisure, relaxation and a slide toward the end of life. Accordingly, lawyers often had two options available to them when it came to retirement:  continue working full time or close the door and walk away. Law firms today can add new options by creating new lines of services, modifying traditional retirement policies and using new mobile technologies to better preserve the experience and value of their aging workforce and meet the demands of a rapidly changing marketplace.

Firms are likely to find that developing more flexible and accommodating work options will derive valuable client and firm service from those approaching traditional retirement as well as younger attorneys who don’t fit or want to fit inside the traditional partnership model. Almost two-thirds of the 2016 participants in the Oregon retirement study reported that they expected to continue working full or part time at age 65.

Retirement in the traditional sense may not always be an option. For others, work can be an enriching experience that may not need to end at an arbitrary age of 65 or even 70. Then there are those who find themselves sandwiched between generations, playing multiple roles by caring for both young children and elderly parent, realizing that retirement may have to be delayed. They have to continue working longer than they anticipated.

The devil is in the details with succession plans. Listed below are a few for your firm to consider:

1.      Today’s new retirement model must be seen as more of a journey than a destination, and law firms will need to take more of an active role in helping their partners transition to and from this new “retirement.” All partners should be involved in the conversations regarding the firms’ succession plans once a person reaches his or her 50th birthday. This new approach to a more flexible retirement should be introduced well before the more traditional retirement age, and it should last well into counsel’s mid-to-late 70’s. Too many mid-career professionals are left to deal – in silence – with illness of family members, caregiving responsibilities for aging parents and adult children, or just dealing with the impact of daily stress on law practice families. As lawyers begin thinking of themselves as life designers, they will begin to realize that they can actually influence the future that is possible for them. The participation of their partners in that process as it pertains to the firm can be both effective for the firm and reassuring for the yet-to-transition partner.


2.      As mentioned earlier, aging of the firm’s workforce is no longer the exclusive domain of just those partners approaching their 65th birthday. By taking more of a “system and design thinking” perspective in addressing the increasingly complex problems related to law firm succession planning, firms should be able to create more of a shared vision, a common ground, where all participants are able to work through the current situation and make decisions based on what is good for the firm as well as each individual. Make sure you include voices of younger partners because they may have a very different perspective of what the firm should be doing to continue as their practices grow.


3.      Law firms need to begin thinking of their senior lawyers as potential opportunities – a growing market for experienced part-time professionals who can provide both mentoring and client contacts – instead of as unaffordable financial burdens. Senior counsel should be perceived as a pool of potential “contract” partners who are interested in staying productive.


4.      Law firms need to come up with more creative ways of investing in long-term growth. Many firms already contribute to partner retirement plans. You may also want to examine how executive bonus plans, possibly funded with whole life insurance, can be used to provide tax-advantaged supplemental retirement income for all partners. Firms can cushion an early (or timely) retirement choice through third-party payers, which are not firm-dependent, such as insurance coverage for retirement benefits. 


5.      Change in law firm culture as older becomes the “new normal.” With the sheer number of Baby Boomers that is disrupting the traditional demographic shape of law firms and society, older is becoming the new normal. Law firms will have to figure out how to balance billable hour requirements with mentoring responsibilities while also helping senior lawyers enter this new life stage.


Law firms will need to support initiatives that promote a sense of purpose and a positive self-image. Senior counsel can then feel confident about navigating life transitions as integral parts of the law firm while younger partners see hope for their future careers and confidence that the firm will support them throughout their entire career.

The business of a law firm is dynamic, with continuing up-and-out succession planning pressure. The failure to plan can cause a toxic stagnation as junior attorneys depart for firms that offer greater opportunities for growth. With a thoughtful succession plan and creative financial planning, however, more senior partners can feel secure enough to serve as effective transition partners who help the firm continue to grow and thrive.


Article written by Stephen P. Gallagher, published in Law Practice Management (May 2017). Stephen is the founder of LeadershipCoach, an executive coaching consultancy primarily handling transition or succession planning for individual lawyers, law firm planning teams and bar associations.

Tags:  Law Practice Management  succession planning 

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8 Tips and Tricks to Building a Winning Reputation

Posted By Sara E. Rust-Martin, Monday, April 24, 2017


“It takes twenty years to build a reputation, and five minutes to ruin it. If you think about that, you’ll do things differently.”

– Warren Buffet

Buffet’s quote perfectly describes the fragile nature of a business’ reputation in the modern world. In today’s mobile and social media age, consumer opinions can be shared and spread conveniently with a single mouse click or screen tap. An off day, an insufficiently trained employee, a late delivery, a politically incorrect tweet, or a small error can explode into a PR crisis—leading to scathing reviews, one-star ratings, nasty blog comments, and social media criticism.

As a small business owner, you may feel like you don’t have the time and money to invest in comprehensive reputation management solutions. Yet don’t think for one second you have no control over what customers are saying about you, because you do. Here are eight great tips and tricks to help any small business owner get started with building a winning business reputation.

1. Plant flags on your digital properties

Start with a website, but don’t stop there. Continue by securing your business name across the web and claiming your business page or profile on social networks, online forums, local business listings, community sites, local search networks, and online review sites. If you don’t have a listing, create one. This will allow you to listen in on and join online conversations about your business, wherever these conversations are taking place. A great tool I’d recommend for claiming your social media profiles and securing your brand name is KnowEm, while my company, ReviewTrackers, specializes in helping businesses listen and manage customer conversations on all major review sites.

2. Keep your business information up-to-date

On your digital properties, make sure your local business information is complete, accurate, and up-to-date. Your business name, phone number, and address are of paramount importance, but don’t forget to include other helpful information such as website URL, email address, operating hours, business category, and list of products and services, among others. At a time when 37 percent of businesses don’t even have the correct name on their listing (effectively losing a total of $10.3 billion in potential annual sales), paying attention to these details can mean the difference between gaining a customer or losing one to a competitor. Make the effort and spare your potential customers the frustration of having to look elsewhere.

3. Show your social media savvy

Social media serves as a great platform for engaging with existing and potential customers. Build a community of fans and followers on Facebook, Twitter, or Instagram, then keep them updated with news about your company or information about new products and services.

4. Listen and respond to online reviews

Online reviews and ratings of your business on Yelp, TripAdvisor, Google+, Foursquare, and other community-based review sites can give you valuable insights into what and how customers really think. So listen in and identify any issues, concerns, and weaknesses reviews may be able to point out. Also, take the time to respond, even if it’s just a simple “thank you” or “I’m sorry”: this shows customers that you care about their feedback and that you consistently strive to make things right.

Check out the Palomar Chicago’s TripAdvisor page, for example, and observe how management responds to reviews posted by guests who didn’t necessarily have a positive experience. To someone who didn’t have a good night’s sleep at the hotel, front office manager Joseph Eames responded,

“Thank you for taking the time to review our property. We rely heavily on the feedback in forums like this to point out places we can improve upon. A basic component of a hotel stay is obviously a good night’s sleep. I’m very sorry to hear that this wasn’t your experience with us, and invite you to reach out to me directly to discuss the matter further.”

The response simple, straightforward, and effective, creating an opportunity for the business to positively change its conversation with a customer.

5. Create and share positive content

If your reputation is taking a hit—say, a bad Yelp review or a vicious critic’s blog post is showing in search engine results—you can minimize the negative impact by creating and sharing positive content. This can be in the form of blog posts, photos, videos, ebooks, newsletters, whitepapers, and even podcasts—digital assets that build your credibility, improve your visibility, and enhance your reputation.

6. Minimize jargon and marketing buzzwords

Today’s consumers are more proactive than ever, and they’re less trustful of corporate speak, sales pitches, marketing buzzwords, and promotional messages. That’s why it’s so important to make adjustments to the tone and language of your communications with customers. If you’re writing tweets, responding to reviews, or publishing a new blog post, choose words your customers understand and use. This allows you to humanize your business brand and engage more effectively with your audience.

7. Have a sense of humor

When it comes to building a winning reputation, one of the biggest challenges for a small business owner today is to cut through all the noise and stand out. You’ve got to give people a reason to notice you. Even if you’re an insurance agent or the marketing manager of a nondescript auto parts shop—even if the services you’re offering are not terribly exciting—you have to find ways to distinguish yourself from the competition. One such way is by making people laugh.

Whatever the form it takes—a funny tweet, an amusing anecdote, a meme-filled blog post—humor humanizes your business. (Check out, for example, Eat24’s Bacon Sriracha Unicorn Diaries.) It can soften the hearts of even your harshest critics and toughest reviewers. Humor is a universal language that can bridge the gap between you and the customers with whom you want to connect.

8. Be authentic

Authenticity can make you sexy and irresistible. These days, too many business owners try too hard to build up their reputation and generate five-star ratings across the board, even to the point of hiring writers in India or the Philippines to post fake reviews. But this isn’t sustainable. Focus your efforts instead on delivering excellent service and creating positive experiences for your customers. By doing so, the buzz will build itself around your business.

Key to all these tips is the belief that you have the ability to manage and influence what customers are saying about you. Don’t sit back, thinking it’s out of your control. Be proactive in finding creative ways to build and strengthen your reputation, as well as protect it in situations that could otherwise drive customers away.

Be sure to check out our other posts from Chris on managing your online reputation, “Avoid These 5 Mistakes When Responding To Negative Reviews” and “6 Keys to Successful Customer Engagement in a Multi-Screen, Omni-Channel World.”

Chris Campbell

Chris Campbell is the CEO of ReviewTrackers. He has helped tens of thousands of businesses hear, manage, and respond to what their customers are saying online.

Tags:  Branding  social media  Solo and Small 

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Accepting Online Payment from Clients - What Lawyers Need to Know

Posted By Sara E. Rust-Martin, Tuesday, April 18, 2017

There are so many things lawyers aren’t taught in law school about managing a law firm. Instead, lawyers learn about substantive and procedural legal issues, and little, if any, attention is given to providing future lawyers with information on the ins and outs of running a law firm. This lack of foresight by most law schools leaves solo and small firm lawyers to fend for themselves and muddle through the basics of launching and running a law firm on the fly.

Not surprisingly, one of the biggest business struggles for solo and small firm lawyers is figuring out how to run a profitable law practice. This challenge is made all the more difficult by the fact that law schools don’t provide lawyers with information on the steps they need to take to ensure that they actually get paid for the legal work they perform.

Fortunately, CLEs can bridge this law practice management gap and arm lawyers with the information they need to ensure that they get paid quickly, efficiently, and ethically. Earlier this month in Chicago, this very topic was covered in a presentation by Michael Downey and Aviva Kaiser: “Bringing in the Money: Ethical Guidance for Receiving Payments.” During this seminar, Michael and Aviva explained how lawyers can use 21st century tools and processes to streamline client payments and get paid right away.

Below you’ll find the visual notes from that session along with some of our favorite tips and links to sites that provide further information (click to view larger image):

Get paid ethically

The speakers emphasized the importance of setting up the necessary bank accounts at the very outset. Ensure that you have an IOLTA account that complies with the ethical rules of your jurisdiction. Because trust violations are some of the most common errors that lawyers make, make sure that you fully understand your obligations, so that you avoid the most common ethical issues that lawyers encounter when managing client funds: misappropriating funds, commingling funds, and failing to keep adequate records.

The presenters explained that lawyers have a fiduciary duty to keep their clients’ funds safe. As part of that duty, law firms must have both an operating account (for earned income) and a trust account (for unearned income). For more tips on getting paid ethically, read Chapter 9 of our ebook, “Trust Accounting Basics.” In this chapter, you’ll learn all about the ins and outs setting up and managing your law firm’s bank accounts.

Get paid efficiently

According to the presenters, an important part of getting paid ethically and efficiently is ensuring that your firm maintains adequate bookkeeping records. Because sufficient records are so important, the speakers recommended using law practice management software to ensure that invoices and payments can be tracked and reconciled.

They also emphasized the importance of including payment expectations in the retainer agreement. By putting this information in writing, you clearly outline the obligations of both parties in regard to the legal services that your firm provides and the methods and timing of invoicing and payment. This clarity will help to avoid any misunderstandings and provide a better experience for your clients. For more tips on streamlining the process of getting paid, read Chapter 5 of our eBook, “Let’s Talk Money!” In it, you’ll find all you need to know about establishing an efficient invoicing system for your law firm.

Get Paid Quickly

Finally, the speakers offered their advice on taking advantage of 21st century payment options in order to ensure that your clients are able to pay you quickly and easily. These days, legal consumers expect to have multiple payment methods available to them; the more methods you offer, the more likely you are to get paid. That’s why the presenters recommended that lawyers consider accepting online payments from clients. Doing so makes it simple for your clients to pay your bills and ensures that you get paid quickly.

They emphasized that it’s important to choose a reputable payment processor that is familiar with the specific needs of law firms. This ensures that any fees are taken out of the firm’s operating account, rather than the trust account, thus avoiding any compliance issues. To learn more about accepting online payments from clients, check out this blog post: “5 Things Lawyers Need To Know When Accepting Online Credit Card Payments.”

And if you’re looking for an online payments system designed specifically for law firms, look no further than MyCase Payments. If your law firm uses MyCase’s law practice management software, access to MyCase Payments is free. You can learn more about MyCase Payments here.

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Tags:  law practice management software  payments 

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Increasing Referrals for Your Law Practice

Posted By Sara E. Rust-Martin, Tuesday, April 18, 2017
Updated: Monday, April 17, 2017

Increasing Referrals for your Law Practice

Many of us rely on the marketing strategy of referrals because it is so much easier to have someone else sell our services than it is to do it ourselves. But, technology has changed the referral game. Technology can take a decent referral marketing strategy for your firm and turn it in to a gold mine.

Most of us realize the amount of time it takes to develop a substantial client network. As you build a law firm, you are doing all the work. The same is true for direct client marketing. You are the one making the pitch to potential clients and selling them on your practice. Gaining new clients on your own means you are spending a lot of time and energy generating new clients and much less time creating work product and building relationships with current clients, whom it turns out, will be your best sources for referrals in the future, if they leave satisfied and with a good impression of your practice.

All of this to say, if we develop our practices in the correct way, a strong referral base will be the after-effect of our initial marketing efforts done at the initial stages when building the law firm.  The most successful law firms are 70-90% referral-based. And, this is the closest most lawyers will ever come to generating passive income.

But, to say the income source is passive does not paint an accurate picture of the marketing strategy. Attorneys must take a savvy and engaged role in building referral networks. Here are 3 important pointers:

1.       Sell YOUR practice:  It is easiest if you have a niche practice or a specific area to sell. You must train your referral sources to see you as the expert in this area of practice. For instance, “Oh, you need a divorce. Go see Julie! That is all she does! She is the best in town!” And, you must train your referral sources to say what you want them to say about you. They must first see you as the expert in this area of practice and the referral sources must be trained with respect to what you’d like them to say about you, and that is easier to do when a baseline exists. By refining down your practice areas, you can help provide that baseline.

2.       Set yourself up for referrals by developing an Elevator Speech:  Have a great response to the question “What do you do?” As a lawyer, you will want to develop different responses, different elevator speeches, for different business contacts. At the very least, you should have one approach for potential clients, and another for referral sources, because those are essential different conversations to engage.

3.       Secure a strong Social Profile and Website:  You should endeavor to create and manage an online presence that is in agreement with what you are personally pitching to your referral sources. When you meet someone at an event or gathering you will want to hand out a business card or direct someone to your website making it imperative that your online presence is representative of who you are, which areas you practice, what else you are involved, how to connect with you and stay connected, among other important professional information.


This Practice Pointer was derived from ABACUS NEXT


ABACUS NEXT’s WEB BLOG is located here:

Here is a little about ABACUS NEXT:

The Abacus Professional Services team offers legal technology solutions that increase revenue, reduce costs and maximize efficiencies by customizing how you use the powerful Abacus products and services to meet your specific needs.

Our proven approach helps you assess your infrastructure and workflows, identify opportunities for improvement, design a customized plan to address your specific needs, maximize the value of your Abacus solutions, and implement cutting-edge technology to help you grow and thrive

The Abacus Professional Services process involves a collaborative discussion between you, our valued client, and our team of attorneys and technology specialists who are ready to translate your needs into custom tailored solutions that solve your business challenges and help you reach your success goals.



Tags:  Referral  social media 

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Keys To A Successful Website: A Checklist for Law FIrms

Posted By Sara E. Rust-Martin, Monday, April 17, 2017

Keys To A Successful Website: A Checklist For Law Firms

A professional and well-designed website is a must in today’s business world. Attracting clients, growing your business faster, and showcasing your law firm are just a few of the benefits that come with a great website. But are you sure your firm's website is hitting the mark?


Quick quiz:

Does my website regularly attract new business? Does my website look modern & professional?


Can my clients easily access their case information from my website?


When creating a website for your law firm you have two primary options:

1.     Hire a web developer to design your website from scratch.

 2.     Utilize legal practice management software that has a built-in website package.


How to Decide: 

Modern & Professional Design

Is my logo prominently featured? Is the design clean and simple, not cluttered and busy? Is the text easily readable? Is my content interesting to clients and does it showcase our legal services in a professional and understandable manner?


Can visitors easily access their case files and information from the site that is important to them? Is it going to work on all browsers, and on both Macs and PCs? Will it be easy for visitors to get in touch with me, using a form or contact information?

Your Law Firm's Branding

Does the site design match my law firm’s colors / branding? Does the site use my law firm’s URL/domain name? Is the navigation organized in a logical, thoughtful way? Are the images and graphics appropriate and rendering properly?

Design & Branding

Is it, or can it be, integrated with the software I use to manage my practice?

Features for Lawyers and Clients

Are my clients able to receive and pay their bills online? Can my clients contact me about their cases using my law firm's website? Are there calls to action to get visitors to contact my law firm? Are my clients able to access documents and other case-related information using any Internet-enabled device?

Analytics & Tracking

Will I have to create a Google Analytics account to track my visitors? Will the developer install Google Analytics? Will there be any tutorials on how to read the analytics reports?


Can clients access case-related information and communicate about their case using the app? Will it be compatible across all types of smartphones and tablets? Will the mobile site be updated when the main site is updated? Is there a mobile site included or does it cost extra?

A great website can do more than just improve your online presence, it can boost your law firm’s productivity and profit. By doing some due diligence before you start the project, you’ll save yourself time and money and have a website that fulfills both your needs and the needs of your clients.

Law practice management software providers (like MyCase, web-based law practice management software) are a great place to start – it’s often very cost-effective and quick to build a professional website that is totally integrated with your law firm's business operations. You can learn more at MyCase is a Member Benefit partner with the Kansas Bar Association. To check out Member Benefits go to and click on mycase.

Other web-based law practice management software providers may have similar services available. Mycase is not the only software provider of this kind or type. It is important to consider all of your options when choosing a legal practice management software to build a website for your practice.





Tags:  law practice management software  website 

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New ABA checklist: Ensuring your cybersecurity when using outside vendors

Posted By Sara E. Rust-Martin, Tuesday, April 11, 2017

These days you’d be hard-pressed to find a company that does not conduct business electronically or use outside vendors. Using outside vendors, third-party businesses and vendors, and electronic business makes all of us more vulnerable to cyber-security breaches.

According to one recent study on Third Party Risk Management, more than 60 percent of all data breaches can be attributed to a third-party vendor.

Two recent examples of such breaches were at Equifax in 2016 and Target in 2013. At Equifax, tax and salary data from the company’s clients, such as Kroger and Stanford University, were stolen last May through vulnerabilities in Equifax’s security access. The hack of Target’s database exposed the personal data of more than 70 million customers. In that incident, the hacker gained access through attacking one of the retailer’s vendors, an HVAC company.

To help avoid and minimize the impact of breaches like these, the ABA Cybersecurity Legal Task Force has released its Vendor Contracting Project: Cybersecurity Checklist.

The checklist is designed to manage cybersecurity risk when working with third-party vendors – from vendor selection, to contracting and vendor management.

The checklist provides guidance on:

  • Conducting a risk management assessment of the proposed vendors, to identify relevant threats to security, vulnerabilities and the potential for exploiting those vulnerabilities, including the likelihood that harm could occur.
  • Reviewing vendor security practices and the ability to follow them.
    • Does the vendor have an incident management plan that complies with relevant laws? Is it regularly tested and updated?
  • The contracting process, including setting expectations, mitigating risk and allocating liability.
    • How will the contracting parties interact, share and manage information? What is the vendor’s commitment to an appropriate security program? How will the vendor’s compliance to that program be assessed, and if necessary, remediated?

The document also includes information in its full appendices.

The task force advises that each of us modify and add to the checklist reflecting the particular regulatory requirements and needs of our clients.

Access to the full checklist is available through this link:

Cybersecurity Task Force Vendor Contracting Checklist

Tags:  ABA  cybersecurity  risk management assessment 

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How Hackers Can Break Into Your Accounts Without Your Password

Posted By Sara E. Rust-Martin, Friday, April 7, 2017


Have you ever logged into an app or service using your Facebook, Google, or Twitter account? If so, you have opened the account password security liability hole. It's easy - why create a new password when I can just use an existing account to get directly in to this site, right? But, there are security risks associated with this practice that few of us may have considered before. For instance, a recent hack on the app "Twitter Counter" showed us this vulnerability first hand. And, it shows us that we all need to shape up our security practices when using social media accounts. Here are a few tips:

Revoke as many permissions as you can and do it every few months. Every account has a way to look through what apps have what sort of access to your account. Take a minute to run through the list and remove anything you don't use and anything you don't trust.

Twitter: Click on your avatar on the top right, next to the "Tweet" button, and select Settings and privacy. Look at the list on the left side, under your name and avatar, and click Apps. Click Revoke Access next to anything you don't want or need.

Google: Google makes it easy with the Security Checkup, which automatically runs through your app permissions, app specific passwords, connected devices, and other points of vulnerability for your account. Do it now and clean out all the cobwebs.

Facebook: Click on the question mark drop-down menu to the left of your notifications icon and select Privacy. Go to the left-hand rail and select Apps. Then click Show All at the bottom of the box marked Logged in with Facebook. With Facebook especially, plenty of these apps may have read-only access to your data, so they can look but not touch. Still, get rid of anything you don't use to make yourself as secure as possible.

Any other account that supports app integrations should have a similar list as well, and it is important to keep them pruned. There's no telling what little throwaway app might come back to bite you if its security isn't quite up to snuff, so be stingy with your access. You'll thank yourself.

If you'd like to read the full article written by Eric Limer, posted by Popular Mechanics on March 16, 2017 titled "How Hackers Can Break Into Your Accounts Without Your Password" just cut and paste the link below into your browser:

Tags:  hackers  security  social media 

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What’s New in Legal Technology? A Brief Overview from the ABA TECHSHOW 2017

Posted By Sara E. Rust-Martin, Tuesday, April 4, 2017
Updated: Tuesday, April 4, 2017

<strong>Tech Startups</strong>

March 16-18, in Chicago, KBA’s Law Practice Management Attorney, Sara Rust-Martin, attended the ABA TECHSHOW. The ABA TECHSHOW has been the premier spot to scope out new legal tech for over 30 years — especially for those in small firms. Here are a few of the legal tech highlights from the show:

  1. The Expo Hall is the place-to-be for Vendors marketing their products. This year, start-ups were the star of the show. Take a few minutes to check out some of these new companies on the scene, they are doing amazing things!
  2. While the start-ups will be fighting it out to see who has the staying power, the practice management and case management system folks have exploded in recent years. And, we were lucky to have them on-scene to show us many of their new developments. (See “The Long Nine: Essential Software for the Modern Law Practice)

Zola Suite, RocketMatter, MyCase, Clio, and CosmoLex announced significant changes to their integration platforms and additions to their previous systems. Be sure to check them out!

Like what you see? Clio, Cosmolex, and MyCase are KBA member benefits. To see all member benefits, visit the KBA site and click on Attorney à Member Benefits.

Overall, the TECHSHOW offered excellent vendor experiences and introductions to new and innovative products. If you were unable to attend this year, consider attending next year for an unbelievable experience in practice management TECH. You will be glad you did!

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Presenting Electronic Evidence at Trial

Posted By Sara E. Rust-Martin, Tuesday, March 28, 2017
Updated: Tuesday, March 28, 2017

TECHNOLOGY TIP from the KBA Law Practice Management Attorney:

Everything is going digital these days—even our evidence. But many of us are reluctant to take our evidence in this direction because there are so many unknowns and potential complications: What if the wi-fi in the courthouse crashes like it does every other day? Do I need special software for presenting this evidence? Should I upgrade my laptop before the trial? Here are a few technology tips for presenting electronic evidence in trial:

  1. Do Not Rely on the Courthouse Wireless Network. For your trial, you want to have your own initial wireless network that is separate from the courthouse network. Also, have a non-wireless option just in case your wireless options start to go down. Test and test and test and re-test. You will be glad you did.
  2. Use the Exhibit Number in the File Name. Regardless of what type of document you are using, having your documents identified by exhibit number reminds you to make the appropriate record about which exhibit you are showing. The trial software you are using may influence how you name files, but the exhibit number needs to be there. Otherwise, it is too easy to say “this photo” or “the contract,” especially if the exhibits are pre-admitted.
  3. Use good equipment. If you have an IT department, don’t let them hand off the slowest and oldest computer to you before trial. If you are solo, consider upgrading your equipment before the trial. If you do, consider upgrading trial software and learning the idiosyncrasies of the system well before the trial begins so you are comfortable with the system and software at the start of the proceedings.
  4. Learn the software. Especially if you are planning to do your own presentation, but even if you are not. Understanding what the trial presentation software can do for your case is the least you can do for your client. Split screens, effective zooming and highlighting, and some forethought can turn a ho-hum exhibit into a dynamic and powerful one.
  5. Check system compatibility ahead of time.Many of our state courtrooms are still not wired at all. Some are downright ancient. Be sure you do not need a three-prong converter to plug into the court’s two-prong outlets. They still exist! In older wired courtrooms, many systems are still VGA while newer systems (and computers) are HDMI. You need to have compatible plugs and computers. Make sure your computer’s resolution, and that of the projector or monitors you plan to use, are compatible. These stumbling blocks (and others) are easily overcome, but how many trips to Best Buy do you have time to make as you prepare for voir dire?

Like this Tech Tip? Look for another Tech Tip or Practice Pointer from the Law Practice Management Attorney in next week’s Weekly. What topics would you like for me to cover in the Tech Tips and Practice Pointers? Let me know by emailing me at

Today’s Tech Tip was quoted and adapted from the ALPS 411 Blog titled “A Blog for the Legal Community, Businesses, and Entrepreneurs in an article titled Presenting Electronically in Trial written by Susan Bonar Mayer. Susan is President and CEO of Litigation Abstract, Inc., headquartered in Missoula, Montana, with a sales and service office in Seattle, Washington.

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Tags:  exhibits  software  trial evidence  WiFi 

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