Features
<b>Professional Development University: </b>CLE for the Experienced Practitioner
As one who has devoted most of my career to the growth and development of legal professionals, including lawyers and judges, I can attest to the palpable and perplexing changes that adults experience as they progress in their careers. Without compromising confidences, I know that there are numerous lawyers who feel stuck in a rut of routine filings or litigation lethargy (tired of the fight and incivility), those who are trapped by income and power that they secretly would sacrifice if they knew what to do, and those who just don't like the practice of law any longer or perhaps never did.
Features
Are Firewalls a Cure-all for Conflicts In the Big Firm?
More and more law firms are using firewalls in today's world. By this term (or such synonyms as 'ethical screen' or 'Chinese Wall'), firms are referring to the mechanism by which either an individual or a group within a firm is shielded from other concluded or ongoing representations.
To PC or Not to PC
Some partners in multi-state partnerships have recently rediscovered the benefits of becoming a professional corporation (PC) partner in their law firms, primarily to obtain state income tax savings. Where the advantages outweigh the disadvantages, some firms have accommodated (and in some cases, encouraged) some of their partners to consider this alternative. A by-product of the influx of PC partners is that a number of multi-state law firms will consist of both incorporated and unincorporated partners, and partnership agreements must be reviewed (and in some cases amended) to accommodate this arrangement and deal with ancillary consequences.
Using Business Plans As a Due Diligence Tool For Lateral Partners
Practice group structures, marketing departments, Chief Information Officers, even off-site operations centers ' each of these now commonplace elements of big law firm life is a manifestation of the business focus these firms have adopted. We all see it, with varying degrees of approval. Global law firms now develop and follow business strategies. Slowly, these firms are bringing a similar business focus to their lateral partner recruiting. For partners who think they might move firms at some point, and for firms doing battle for talent in the lateral market, bringing a business perspective to your analysis can save a lot of time and energy. A properly prepared business plan will prevent the loss of countless (otherwise billable) hours and, more important, help avoid making the wrong move.
Lawsuit Could Clarify What Is Original in the Art World
It is a well-settled copyright axiom that only an original expression of an idea is protectable. In the world of fine art, however, the concept of 'original expression' is often too vague to be defined. Dale Chihuly, a world famous glass artist known for designs inspired by sea life, filed a lawsuit in October 2005 that may clarify the concept. He is fighting to protect his distinctive style of glass art in the U.S. District Court for the Western District of Washington. Chihuly has accused former employee Brian Rubino of producing glass sculptures that infringe Chihuly's copyright-protected glass works. The suit also asserts that another individual, Robert Kaindl, is selling Rubino's copycat sculptures at prices below market value, thus injuring the market value of true Chihuly sculptures.
Features
Everybody Wants to Direct: The Editing of Motion Pictures in Clean Flicks v. Soderbergh
On July 6, 2006, in <i>Clean Flicks of Colo., LLC v. Soderbergh</i>, 433 F. Supp. 2d 1236 (D. Colo. 2006), the court granted summary judgment to several film studios, holding that the practice of making and distributing edited versions of the studios' motion pictures by the defendants, collectively known as the 'Clean Flicks defendants,' amounted to copyright infringement.
Features
<b>Meyerowitz on Marketing:</b> How Law Firms Finance Their Practices to Encourage Business Development
Most lawyers today seem to focus on attracting new clients and increasing their revenues. But there's another side to the balance sheet that also needs a firm's attention: the liabilities. Here are the ways that firms can make sure they are able to pay their bills.
Developing a Thriving Client Team Program
Get yourself comfortable and spend a few moments with a fellow warrior in the battle to build and maintain a thriving law firm client team program. Thrive is used purposely to emphasize a point. Programs and initiatives come and go, often without meaningful impact, but to thrive is to make steady progress. To prosper, flourish, and grow vigorously (courtesy of dictionary.com, for this purpose). Client teams need to thrive to succeed because anything less will not produce the revenue and relationship goals the program promises to deliver. Success will depend on continuous support from many sources, motivated teaming, rigorous processes and probably fundamental cultural change. That would be tough enough if it was the absolute top priority of any business. Would you be surprised to learn that client teams have not yet reached this exalted status in most law firms?
<b>Sales & Service Strategies:</b> Same Rules Apply
Marketing and business-development professionals perform many jobs, including the vital undertaking of helping attorneys stay in touch and expand their network. We spend tremendous amounts of time, energy and money, day in and day out ' on CRM systems, training programs, one-on-one coaching, sports and entertainment programs, seminars, and reminder e-mails ' to help attorneys stay top of mind. <br>If we spend time every week preaching this, why don't we follow our own advice? It's what we call 'Cobbler's Syndrome.' We are the cobbler's children and we have no shoes.
<b>Practice Building Skills:</b> Cross Selling: Finding Hidden Opportunities to Grow Your Practice
When working with law firms, the first question that we always get asked is: 'How do we increase our business?' In our experience in working with firms, we have found that they are willing to pay thousands and thousands of dollars in marketing, spend countless hours trying to identify new opportunities, and are always looking for an edge or new strategy to develop more business. We have found that most firms overlook the fact that the most cost-effective and easiest way to develop more business is to utilize the assets they already possess ' by cross-marketing and cross-selling within their own firm.
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›