Archive for July, 2011

The Immortal Life of Henrietta Lacks

July 29th, 2011 by Mark Britton, CEO

Whether you are a doctor, lawyer or just have a beating heart, you must read this book.  At a minimum, it is a fascinating intersection of medicine and law and, at a maximum, it is one of the best books ever written regarding the intersection of science and humanity.

Without giving too much away, The Immortal Life of Henrietta Lacks focuses on HeLa cells, which are arguably more fundamental to doctors than the ABC’s.  These cells originated from a tumor biopsy from Henrietta Lacks’ cervix in 1951.  Without her family’s knowledge, her cultured cells grew to infamy and ubiquity by (i) being the first human cells to sustain outside the body, and (ii) replicating at an astounding rate.  With the combination of (i) and (ii), the modern cell-production industry was born.  You might call Mrs. Lacks the mother of cellular research and its evolution into genetic research.

The book is fantastic in that it objectively explores the areas of medical ethics, patient consent, privacy, race and lawsuits relating to all of the foregoing.  The author, Rebecca Skloot, not a doctor or lawyer, weaves all this together elegantly by bringing to the forefront the Lacks family and their human struggles.  It is a book written from the “ground-up” and it does not attempt to be scientifically lofty or ethically preachy.  Ms. Skloot just lets the facts – supported by her thorough academic and personal research – speak for themselves.

As many of you know, I’m a big reader.  And, every so often, you find a book where you finish the last page, close the cover (or these days shut off the Kindle) and simply say, “Wow.”  This is one of those books.

Thank you Ms. Skloot for a responsible, thoughtful and simply beautiful book.  We know who to turn to when it is time to write Avvo’s story.  :-)

Mark

Avvo Powers Seattle Met “Top Doctors” List

July 26th, 2011 by Josh King, VP of Business Development and General Counsel

Avvo has partnered with Seattle Met magazine – the city’s leading lifestyle magazine – to produce this year’s list of Seattle’s top doctors. The issue, which hits newsstands this week, recognizes over 600 Seattle doctors, based on their Avvo Ratings. Congratulations to the winners!

Avvo Now Optimized for Small Screens

July 26th, 2011 by Sachin Bhatia, Product Manager

This week we are rolling out a mobile-optimized version of Avvo.com, to address the rapid increase in mobile traffic over the past year. Our goal is to make the experience for mobile users faster and easier. We’ve pared down the unnecessary stuff so you don’t tax your 3G connection while trying to ask a rated doctor or lawyer a question. Likewise, if you are a doctor or lawyer, you can easily sign in and find questions that need answers.

This will be the default view for users of most modern smart phone browsers but you can always toggle back to the full site if you like that better. Below is a slideshow of how it looks. As always, send feedback to me (sachin at avvo dot com) or in the comment stream below.

Lessons from Lawyers: An Interview with J. Craig Williams

July 25th, 2011 by Megan Olendorf

We’re kicking off a new series on the Avvo Blog called Lessons from Lawyers. The theme is mentorship and through interviews with experienced attorneys we hope to gather important lessons and words of advice for young lawyers, or other lawyers looking to make a change in their career.

Our first interview was with J. Craig Williams, a 23-year lawyer and partner at Sedgwick LLP in Orange County, California. His practice focuses in the areas of complex business litigation with emphasis on environmental, real estate, land-use and computer matters, their respective insurance coverage and related tort issues.  He also handles corporate and commercial matters. Mr. Williams is also on Avvo’s board of legal advisors.

Avvo: What is the greatest thing about being a lawyer?

J. Craig Williams: I tremendously enjoy the variety of cases I handle as a litigator.  I learn something new in each case.

Avvo: What’s the most challenging aspect of your job?

JCW: Juggling all of the competing interests in handling a case, working as a lawyer and having a private life.  You’ve got to keep your clients happy, maintain a professional and civil relationship with opposing counsel, deal with the professional responsibility requirements in working with your clients, opposing counsel and the Court as well as put in your hours and understand that you’re in business to make money and ensure you contribute to the law firm.  Add to that the personal aspects of having a life outside the law, enjoying your family and other outside interests, and you will discover how difficult it is to find time for yourself, let alone all of the other hats you have to wear.  For me, I realized too late that I did not spend enough time with my children as they were growing up.  While I have no regrets on that point, it would be one thing I would go back and change if I could.  I wish I had understood the significance of the advice many others gave me as a young lawyer to spend more time with my family as we grew up together.

Avvo: What was your first position as a lawyer?

JCW: While I was in law school, I practiced at the Linn County, Iowa Public Defender’s office. As a Certified Practicing Law Clerk, I tried 15 bench trials, a jury trial and handled an appeal to the Iowa Supreme Court, all of which I won.  I started practicing law at Reid & Heller in Riverside, California after graduation as a business and environmental litigator. That first practice area has stuck with me during my career.

Avvo: What’s the most significant change you’ve witnessed in the legal industry?

JCW: The advent of electronic discovery.  We no longer handle paper discovery, and now do practically everything electronically.  Many lawyers do not understand the amount and significance of electronic discovery in cases, and they need to now understand that what they are starting to call an “emerging practice area” has actually been around for about 15 years and is old hat to many technologically-aware lawyers.

Avvo: What’s one thing you wished you would have known (or would have done differently) when you first started out?

JCW: How to spend more time with my children as they grew up.  I’ve never heard a lawyer say he/she wished they spent more time at the office.

Avvo: What advice do you have for a new lawyer?

JCW: Learn how to write. So many young lawyers cannot understand the different purposes of letters, memorandums and briefs and how the construction of each should work. [Letters document activity and request certain actions.  Memorandums analyze both sides of an issue.  Briefs advocate the position your client has taken.] Take as many writing classes as you can get your hands on in law school and don’t stop developing your writing skills after you graduate.  If you have the opportunity to take a Bryan Garner seminar on writing, then take it and as many others as you can find.  Lawyers have two main skills:  oral advocacy and written advocacy.  Young lawyers need to understand that the registers for both of those skills are vastly different:  we don’t write English the same way we speak it.

Avvo: What advice do you have for a lawyer seeking a job?

JCW: Stand out.  Learn everything you can about the firm and person that you are interviewing with.  Be confident.  Don’t make mistakes in your cover letter or resume.  Realize it’s not what you know that gets you a job, it’s who you know.  Go to some local activities within your local bar association and get to know the lawyers.  They will help make introductions for you and get a job.  Read Nelson Bowles’ book, “What Color is Your Parachute.

Avvo: What is your best tip for managing work/career and life balance?

JCW: Get started working by 8:30 a.m. and quit by 6:00 p.m.  Put in the time that is required at the office.  Make your breakfasts and lunches part of your marketing plan.  Don’t take work home.  Don’t work on the weekends.  DO NOT, under any circumstances, take work with you on vacation.  Keep your professional life and your personal life separate, and don’t let your mobile phone help you get them mixed up.  Although I don’t have two phones, I see the wisdom of having a separate phone for your professional life and a separate phone for your personal life.  That way, you have the ability to turn off your “professional life” phone when you go home and turn off your “personal phone” while you are at work.

Avvo: If you had one non-billable hour free during your day, how would you spend it?

JCW: I would be outside writing another book.

Avvo: What were the three most important things you’ve done to build your professional network?

JCW:

  1. Have a plan.  Sit down and write yearly, quarterly, monthly, weekly and daily goals of who you want to develop as clients and then follow that plan.  If you don’t know where you’re going, you’re never going to get there.
  2. Follow your plan.  Don’t just look at what you’ve written down, get out there and actively participate in your marketing efforts.  By the time you become eligible for partnership, you will have built a client base and make a desirable law firm partner.  Don’t wait for someone else to hand you a case.  Go get your own.
  3. Build your reputation for excellence.  Don’t compromise on what it takes to be a good lawyer.  Research, write, prepare and argue your client’s position so you know it like the back of your hand.  Strive to be known as a “lawyer’s lawyer” – the one your law school classmates would hire if they got in trouble.

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Who is your mentor? How have they influenced your legal career? Share the best advice you’ve received in the comments below!

Take a Tour of the New Avvo Headquarters!

July 22nd, 2011 by Nick

We recently moved into new office space in downtown Seattle to accommodate Avvo’s weed-like growth, and so we’d like to give you, our beloved Avvoblog readers, a grand tour.  In case you’re wondering why we chose such swanky new digs, it’s not because we’re partying like it’s 1999 — it’s because we got an incredible deal, after the previous tenant ran into some sudden, ahem, legal troubles.

We’re also very proud and excited to announce the arrival of our first VP of Marketing, Leigh McMillan, whose impressive background is just what we need to build on our existing success and take us to the next level.

So, without further ado, enjoy the slideshow:

Webinar Replay: F-Word Manifesto for Lawyers

July 19th, 2011 by Megan Olendorf

Many lawyers listened last week as Kevin Houchin spoke about the monthly flat fee business model he has successfully implemented within his own practice. Below is the recording of the webinar,  in case you missed it, and you can also visit Kevin’s website to download examples of his Flat Fee Client Engagement Agreements (available for free).

New Billing Models for Lawyers with Kevin Houchin from Avvo on Vimeo.

Using Your Professional Network to Win Cases

July 13th, 2011 by GuestAuthor

The Beatles wrote “With a little help from my friends,” a great song, but also a sentiment every lawyer should consider to help gain an edge in the practice of law.  When genuine professional friendships are established — not just exchanging business cards —  it can make an enormous difference in helping you win your case.

Getting help from your legal peers certainly applies to the help I received from many good friends getting ready for a truck accident trial last year in Jackson, Michigan.  A jury returned a verdict of $3.5 million for my clients, who were seriously injured in a truck accident in April 2008. The insurance company had offered $1 million to settle the case.

While many of us would consider the basic experts while preparing for a case, such as a jury consultant, there are many types of specialists who can assist and share their legal knowledge.

Ken Levinson, Chicago, Illinois. Ken teaches psychodrama at the Gerry Spence Trial Lawyers College and speaks at seminars around the country. Ken helped me to better present the human story at trial. Psychodrama is a powerful weapon for lawyers that helps us tell the “human story” of what our clients have truly gone through, and gets us beyond the sometimes mind-numbing picture that we would otherwise get from medical records and doctor depositions.

Morgan Adams, Chattanooga, Tennessee. Morgan is a top-notch truck accident lawyer and past chair of the American Association for Justice Truck Accident Litigation Group. Morgan helped me prepare for the live cross-examination of the trucking company owner at trial, and was another very helpful set of eyes when I was reviewing log books. Together we counted a number of FMCSA violations that the truck company and its truck driver had violated in the 30 days before this terrible truck accident.

Dorothy Sims, Ocala, Florida. Dottie helped me put together a cross-examination of the defendant’s psychiatrist that damaged her credibility in the courtroom.  These experts are paid enormous amounts of money in the “soft” sciences of psychiatry and neuropsychology to find nothing wrong with honest people; and Dottie’s expertise helped me discount the psychiatrist’s testimony.

Phil Miller, Nashville, Tennessee. Phil is a very accomplished lawyer and trial consultant who works with trial lawyers from around the country. Phil was gracious enough to review my opening statement and discuss case strategy as well as order of proofs.

Randy Musbach, Chelsea, Michigan. Randy grew up in Jackson and has practiced there for more than 20 years. Being intimately familiar with the city and its neighborhoods, Randy graciously agreed to sit with me during voir dire, when we were picking a jury. Randy even helped me identify the family member of a local defense insurance lawyer.

Richard Jenson, Austin, Texas. Richard is one of the most respected jury consultants in the business today.  Richard and I discussed the list of jurors together before we started jury selection.

Mark Granzotto, Royal Oak, Michigan. As an appellate attorney, Mark came to my office for an afternoon and gave me his thoughts on how far I could push on certain issues. Knowing Mark proofed my case for appealable issues made it easier to be aggressive and ultimately helped lead to the great verdict we got for my clients.

Why are these professional relationships so important?  Because at some point, every lawyer must come face to face with the realization that there is simply not enough time to be a master of everything.  We cannot do it all ourselves , even if we somehow did have unlimited time.  One case may require knowledge of several completely different areas of law.

Establishing professional friendships takes time and sweat equity.  It is built up slowly as incremental deposits by first helping others. This starts by first giving freely of your own time, answering questions for fellow lawyers on list serves, speaking at seminars, volunteering to serve on attorney groups and committees.  It is cemented by networking after these seminars at dinners and over meals.

Lawyers should always take the opportunity to build their professional relationships every chance they get.  Level the playing field by developing  strong relationships with lawyers you trust and respect from across the country, and from which you can call upon for help and assistance.

Steven M. Gursten is a partner of Michigan Auto Law and is past president of the American Association for Justice Truck Litigation Group. Steve recovers some of the highest reported settlements and jury verdicts in Michigan every year, including the top-reported car accident or truck verdict and settlement in 2008, 2009 and 2010, according to Michigan Lawyers Weekly.

You can read more on Steve’s Michigan Auto Lawyers Blog, follow him on Twitter as @MichiganAutoLaw or become a fan on his Michigan Auto Law Facebook page.

8 Awesome Online Marketing & Web Tools I Use and You Should Too

July 12th, 2011 by Nick

1)    The Google Adwords tool

I love the Google Adwords tool because it makes keyword research ridiculously easy. I also love it because it incorporates cost per click information, revealing how much a given keyword costs on the Adwords advertising network. Ever wonder which keywords people search for most (“doctor” vs. “physician”; “lawyer” vs. “attorney”)? This tool will give you the answer. Make sure to sign in for full functionality.

2)    Backlinkwatch.com

This tool allows you to see who’s linking to any page on any website. Not only that, but it will show you the anchor text of each link along with other information. There are all sorts of fancy link research tools out there, some free and some paid, but I always find myself returning to backlinkwatch for speed and simplicity.  Why would you want to know who’s linking to a website? Because it’s really important for SEO, and if someone links to your competitors, why wouldn’t they link to you?

3)     Asmallorange.com

This is a web hosting provider I’ve used for years. They charge only $25/year for their smallest package, and you can host multiple websites on one account. They’re very reliable, and unless you have huge traffic needs, the bandwidth should be more than ample. Customer service is great, too. You’d be surprised how much some places overcharge for hosting.

4)    Instantdomainsearch.com

Need to think of a domain name? Save some serious time by using instant domain search. No more typing, hitting “enter,” and then waiting for results. You can see if a domain name is available instantly as you type.  It really helps the creativity flow.

5)    99designs.com

Need something designed? 99designs allows you to host a contest where you award a cash prize to the designer whose design you like best. You can use this for any kind of design need, including logos, web pages, blogs, Twitter backgrounds, business cards and more.

6)    Vworker.com

Need something small done on your website and don’t know where to turn? Hire someone on vworker. The site will connect you with designers and computer programmers from all over the world. I wouldn’t recommend using this for heavy jobs that require a lot of communication, but for getting small tasks done, it’s a fast, cheap way to go. It’s also great for hiring data entry temps if you ever need them.  Just make sure you select workers with good ratings histories.

7)    Compete.com and Quantcast.com

Ever want to know how much traffic your competitors’ websites are getting? Hop onto either Quantcast or Compete.com to find out. These estimates are usually off, but they’re decent to get a ball park idea. It’s very useful if ever you’re approached by another website for partnership offers, as you can quickly size them up.

8)    Dropbox.com

Dropbox makes backing up documents easy, and it’s free if you use 2gb or less of storage.  The coolest part about Dropbox is that it automatically backs up files to “the cloud” and synchs files on multiple machines. This allows me to easily switch between my laptop and my desktop.  For example, let’s say I open Paper.doc on my laptop. If I do some work, save it, and then go to my desktop, the latest file will be available instantly on my desktop–no use thumb drives or emailing myself attachments to transfer files.

Any resources you think should be added to the list? Let us know in the comments!

Ummmm . . . You Mean I Have to Talk to People?

July 11th, 2011 by Mark Britton, CEO

I have railed against law and medical schools for some time regarding how poorly they prepare their students for the business world.  Their curriculums are so focused on developing specialists that they graduate many students (possibly a majority) who are largely unprepared for the commercial – or shall we say “real” — world.

Now, anytime I use the word “commerce” or anything else that might relate to money, I face the visceral academic rebuttal that these are institutions of higher technical learning; and if someone wants to learn about simply making money they should have gone to business school.  And while I completely disagree with this rebuttal, it also largely misses my point.

Commerce is the social dealings between people.  It is broader than the simple buying and selling of things.  Sometimes these commercial dealings involve money, but all of the time they involve interpersonal communication.  I don’t know a single important role in commerce where interpersonal communication is not key, whether it is a doctor, lawyer, teacher, dog walker or circus barker.

So, I almost got whiplash this morning when I saw a headline on the front page of the New York Times that said, “New for Aspiring Doctors, the People Skills Test.”  I read the article very quickly, got some cereal and then read it again . . . happily smiling the whole time. 

What made me so happy?  Well, a number of medical schools are now putting applicants through role-playing interviews where they are forced to demonstrate their “people” skills – aka “interpersonal communication” skills.  Apparently they have noticed that some of their best technicians really stink when it comes to real-life doctoring.

According to the article, at least eight schools have a process as follows:

“[Candidates] stood with their backs to the doors of 26 small rooms. When a bell sounded, the applicants spun around and read a sheet of paper taped to the door that described an ethical conundrum. Two minutes later, the bell sounded again and the applicants charged into the small rooms and found an interviewer waiting. A chorus of cheerful greetings rang out, and the doors shut. The candidates had eight minutes to discuss that room’s situation. Then they moved to the next room, the next surprise conundrum and the next interviewer, who scored each applicant with a number and sometimes a brief note.”

Wow – how cool is that?  Granted, this is a tweak to the medical school application process rather than the curriculum as a whole; but it still sends a strong message to the applicants that interpersonal communication is key to their success.  And, presumably over time, whether it is driven by the schools or the socially savvy students they recruit, more and more emphasis will come to this as part of the entire medical education process.

Could this lead to medical and law schools teaching about marketing, communications, social media and other types of really important interpersonal communication?  Only time will tell; but I can’t help but be excited by the progress.

Mark

Guest Webinar: An F-Word Manifesto for Lawyers with Kevin Houchin

July 11th, 2011 by Megan Olendorf

This Thursday at 1PM ET/10AM PT Kevin Houchin will present a free webinar on how lawyers can escape the hourly-billing trap and move into a more holistic and rewarding business model:

An F-Word Manifesto: Flat Fee/Membership Engagement Model for Small Business Lawyers

Kevin hit a low point in his career while practicing in the “safe” and “accepted” hourly-rate and project fee model. Something had to change, so he took a chance and allowed his creative business clients to hire him for a year on a flat monthly fee.  It worked! And, the flat fee model changed his life. Kevin will share all the details (yes, even talking dollars) during this webinar for attorneys who serve small, creative, innovative, inventive, and start-up businesses.

As a lawyer, teacher, author, designer and an artist, Kevin brings a range of experiences that all contribute to his perspective on the legal industry’s business model. We hope you can make it!

Sign up here!