Make More Rain : marketing, risk managment

BSA Targets Law Firm Software Pirates

Admin — Mon, 02 Jul 2007 16:56:00 GMT

The Business Software Alliance (BSA) is a trade group whose members include the likes of Microsoft, Adobe and Computer Associates. The BSA's job is to protect the property and financial interest of members by identifying and recovering damages from organizations using the unlicensed property (software) of their members. And they are aggressive—encouraging disgruntled employees to blow the whistle. Virtually any business, including law firms, is at risk. Even with good intentions, you are likely to have software installed and in use on your computer equipment for which you do not have a license or do not have the BSA’s level of required proof of purchase.

The BSA’s definition of piracy leaves no room for gray—it is a black or white issue. They define piracy as “The illegal use and/or distribution of software protected under intellectual property laws.”

The law firm Scott & Scott specializes in defending companies against the BSA. They explain how the BSA works this way:

“The Business Software Alliance maintains telephone hotlines and a web site to encourage disgruntled employees and vendors to make anonymous reports against companies of all sizes.”

“The Business Software Alliance investigates all reports of software piracy without confirming the veracity of the information provided or the motive of the person making the complaint.”

“Once a report is received, the Business Software Alliance makes a decision about whether to request a self-audit or to immediately file suit. In the overwhelming majority of cases, the Business Software Alliance pursues the self-audit approach. Acting either through an internal enforcement attorney or an outside law firm, the BSA will send a letter to the target company requesting a self-audit.”

According to Scott & Scott, ignoring a BSA demand doesn’t work. If you or one of your clients receive one of the BSA letters, you need to seek the advice of an attorney experienced in BSA defense.

Don’t expect your midrange law firm to be below the BSA’s radar screen. Law firms are heavy software users relative to their size. The independence afforded to the firm’s lawyers leaves a lot of room for pirated software, as defined by the BSA, to find its way onto law firm computers.

If Scott & Scott had their way, we would have a new definition of pirated software:

“Software piracy is the distribution of counterfeit software and/or use or distribution of authentic software constituting the intentional violation of intellectual property laws.”

Unfortunately that is not the way BSA sees it. Under their definition, your firm and your clients are BSA targets. Take prudent steps to avoid having unlicensed software creep into your computer systems and workstations. Make sure that your accounting and IT people have devised a method for retaining proofs of purchase for all software licenses. Finally, unless you have BSA defense experience within your own firm, you might want to remember the name Scott & Scott.

Morepartnerincome.com is sponsored by Juris. For information about Juris® products and services for increasing law firm performance and partner income, contact Juris National Sales Center:

877/377-3740, e-mail info@juris.com or go to www.Juris.com.

Lawyers Unwittingly On Camera

Admin — Mon, 25 Jun 2007 16:24:00 GMT

As young CPAs in the mid 1960s, several of us were in a small town having dinner at a local restaurant. It was the night before we were to make a surprise bank audit. The conversation, in whispered tones, turned to the bank job we had the next morning. When we arrived at the bank, the police were waiting!

That was when I learned that you never know who is listening. Things are getting even more treacherous. Today, do or say something that can be interpreted as inappropriate and you could star on YouTube the next morning. With that starring role, your career can take a serious blow or it can be sent down the drain entirely. In today’s world of security cameras, cell phones and the Internet, you are never out of sight—never out of earshot!

There can be only one standard of conduct and everyone in the law firm needs to be continuously reminded that someone is always listening, watching and could be RECORDING!

For more on this growing risk, read Carolyn Elefant's June 19, 2007, post on Law.com, “Watch What You Say at a Conference—It Might Wind Up on YouTube.”

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income contact Juris National Sales Center:

877/377-3740, e-mail info@juris.com or go to www.Juris.com.

Wild Weather, Fires, Floods Threaten Law Firms

Admin — Tue, 15 May 2007 17:11:12 GMT

Something Neil Cameron wrote jumped out as I read the British publication Managing Partner: “You can lead a horse to water…Don’t wait for it to drink. Stick a hosepipe down its throat!”

Here comes the hosepipe. Driving to work this morning, the car radio news was reporting that a Pentagon study predicted 3,000,000 U. S. deaths from a pandemic with 40 percent of first responders and medical providers too sick to perform their duties. This news comes after unusual Easter snowstorms affected large portions of the country and crippled our transportation system for several days. Wildfires are burning on both coasts, including one that endangered Griffith Park in the heart of Los Angeles. Heartland storms just wiped out an entire town and floods are putting downstream cities underwater.

The hand of Mother Nature is not the only one that law firms have to protect themselves and their clients from. Individual law firms dependent on technology systems are at risk from system failure, data loses, viral attacks and security breaches. Terrorism, vandalism, pipe breaks, power blackouts and fire, even a small fire, add to the threats that law firms face.

Don’t forget the firm’s most valuable and precious assets that walk out the door at night to face their own risk and mortality as individuals. The “office” can be secure and the firm will have to deal with the loss of key partners or personnel without warning.

By now you would think law firm leaders would have gotten the message. A survival plan, a plan to deal with emergencies and the loss of access to key attorneys and staff with minimal interruption, is a business necessity and a professional obligation. Those firms without plans are betting their future, and the odds are against them.

The same issue (April 2007) of the Managing Partner containing Neil Cameron’s quote included the article Plan of Action dealing with the increased emphasis UK firms are placing on business continuity plans in the face of a pending regulatory change that will require the principals of law firms to make arrangements for the continuation of the practice in the event of an emergency or lost of access to legal personnel. You can find the article at www.mpmanagingpartner.com.

While robust continuity plans are desirable, relatively simple basic steps can provide an important safety net for the firm and its clients:

The first priority is personal safety—always protect lives first. Establish evacuation and reassembly procedures. Make sure everyone understands that no one is to risk or endanger their life or the life of others for paper, media, or any other material or firm property.
Have your data backed up using one of the continuous online backup services like LiveVault®.
Make the move toward a paperless office—-electronic copies of your client files can be backed up—paper files go unprotected.
Provide all legal talent with the ability to work from home with computer and Internet connections.
Devise a communication plan. Maintain current employee contact information (including an alternate contact outside of the area for use as an intermediary) and get the contact information in the right hands and in various forms, including a printed document. At a minimum, establish calling "trees" so that by contacting a few people, information can be disseminated quickly to everyone. Better yet, provide all legal talent and key personnel with cell phones and preferably PDA devices like the BlackBerry®. Ideally, an emergency phone number should be set up with a non-local phone service and communicated to employees as well as clients.
Identify a small crisis team and a team leader to coordinate operations during the crisis period.
Address the issue of where the firm can set up a temporary operation. This may be as simple as identifying the homes of certain partners or preparing a list of options, including branch offices or client locations. It is a good idea to identify and establish contact with a commercial real estate organization that you can call on a moment’s notice. Generally, the space issue can be resolved in a reasonable period after the fact.
Your plan could be as elaborate as contracting with an offsite disaster recovery facility or maintaining a backup server and network facility, but at a minimum you should know who to turn to for essential equipment and the related services. The safest source and service provider will be one located outside of your geographic area. If you have laid the proper groundwork, equipment and network availability can usually be replaced in a few days.

While you are at it, also focus on the issues of medical emergencies and physical office security. With that in mind, see the prior post What is in the Law Firm Medicine Cabinet? and How Secure is Your Law Firm Suite?.

You can find extensive information on disaster and continuity planning on the Internet or through the ABA. There are professionals available to help you if you need it. The important thing is to do something. If you doubt that, just turn on the news. If you are having trouble getting firm partners to make business continuity provisions a priority, stick a hosepipe down their throats!

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income contact Juris National Sales Center at 877/377-3740, e-mail info@juris.com or go to www.Juris.com.

What Is In The Law Firm Medicine Cabinet?

Admin — Tue, 15 Aug 2006 17:27:00 GMT

Prudent planning for disasters and business interruptions has now probably risen to the level of an obligation for management, but what about medical emergencies?

Do you have a first aid station? What about personnel trained in CPR? How about a defibrillator? Defibrillators are standard in air planes and airports. An office heart attack is a more likely risk than a fire. Medical and health emergences involving visiting clients, the professional team, or office staff can happen at any time.

Create a first aid station and communicate its location. Ask for volunteers to be trained at the firm’s expense in CPR, first aid, and operation of the office defibrillator. Ceremonialize their accomplishment with awards and communication to the entire law firm team.

You never know. It could be your medical emergency. What good is more partner income if you are not around to enjoy it?

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Law Firms at Risk for License Violations

Admin — Thu, 03 Aug 2006 17:39:48 GMT

A few years ago Gartner, Inc., the Connecticut-based technology consulting company, issued a warning: Software vendor license audits are on the increase!

Law firms as an enterprise are susceptible to unintentional license violations due to the independent actions of individuals in the firm. Typically, law firms do not exercise tight central control. Staff, associates and partners may share interesting software. License and copyright violations aren’t limited to software. In a prior post, I related the story of meeting with a young professional who offered me a CD—a copy of a new release by an artist we both like. He explained that his firm had a CD burner and when he or some of the other associates purchased a new CD, they made copies and shared them.

Gartner notes that “a software audit can have a major impact on your organization. Know whether your software licenses are in compliance, or face fines and productivity losses.” But for a law firm, the negative PR, especially for firms with an intellectual property practice, could be even more costly. From the perspective of prospects and existing clients, law firms are supposed to protect the intellectual property of clients, not rip them off. From a risk management standpoint, the firm should take clear and strong steps to avoid unintentional piracy within the law firm.

As I noted in the prior post Pirates within the Law Firm,risks are higher today due to erosion in the respect individuals have for intellectual property rights. This is especially true among members of “Generation Y,” who grew up with a no-holds-barred internet. The Business Software Alliance reports that two-thirds of college students now think it is okay to copy, download, and swap copyrighted works.

To protect the firm and its partners from liability and damaging publicity, the firm needs to establish and publish a policy against use of any firm equipment or facilities in violation of the intellectual property rights of others. Specifically, the policy should state that except for “fair use”, copyrighted materials should not be copied and distributed to others. Downloading and swapping copyrighted files are prohibited. Duplicating software, except for vendor licensed purposes, is unlawful. Using unlicensed copyrighted software is likewise prohibited. The policy should state that, considering the ethical and professional expectations regarding the conduct of an attorney, violation of intellectual property rights by employees and members of the law firm (even if occurring away from the office and without use of firm equipment) could lead to termination.

The issue is also important for the law firm’s clients. You can add value to your role as trusted advisor by bringing this issue to the attention of clients. Doing so can lead to billable work assisting clients in the development of an antipiracy policy and procedures.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Rule-Based Docketing

Admin — Tue, 31 May 2005 19:20:00 GMT

I was once asked what I liked most and least about traveling as much as I do. What I like most are the friends I’ve made all across this country. Not only among law firms but, also, within the community of vendors and consultants serving law firms. Among my favorites are the folks at CompuLaw®. The CompuLaw team reinvented Docketing and has set a standard that no one else has matched -- or even come close.

Docketing is a mission-critical application for a law firm. Failure to properly calendar critical legal dates associated with changing rules is one of the leading causes of legal malpractice suits against attorneys. Most vendors of law firm business software offer their clients a Docketing option including the ability for the law firm to define rules that explode an event into multiple Docket entries -- one for each critical date. Of course, the law firm can get it wrong when defining rules for a particular jurisdiction and important rule changes can go unnoticed.

CompuLaw changed all of that beginning in 1980. Since the 1980s, CompuLaw has offered the only library of rules databases written and edited by attorneys. CompuLaw is an official publisher of rules for courts throughout the United States and it monitors its rules databases for changes on a daily basis. New rules databases are added regularly. Compulaw's Vision system dominates the market for rule-based docketing applications. For that reason, most leading legal software vendors have an allied or partner relationship with CompuLaw. Juris,Inc. for example, offers its clients a “CompuLaw Aware Module” that detects the presence of the CompuLaw system and automatically modifies the operation of Juris® for a seamless integration.

Today, law firm’s have a new alternative. CompuLaw has created something entirely new, “Deadlines On Demand™” -- a pay-as-you-go service over the Internet. Deadlines on Demand is a CompuLaw company. With Deadlines on Demand, law firms can take advantage of the same reliable Compulaw rules over the Internet without purchasing additional software.

A law firm can access Deadlines on Demand, enter the information for a particular case and then download the results into their Microsoft® Outlook® calendar component.

More than two decades of experience, as well as strategic alliances with today's foremost legal vendors, have made CompuLaw The Court Rules Company^SM. Now every law firm can take advantage of CompuLaw rules by going to www.deadlines.com.

P. S. What I like least is the fourth day. By the fourth day, I’m ready to go home.

Malpractice Suits on the Rise

Admin — Fri, 20 May 2005 17:51:36 GMT

Last week, Suzanne Rose, stopped by for a visit. Suzanne Rose is a Brentwood, Tennessee, based specialist focusing on practice management and the critical areas of law firm leadership, strategic management, practice administration and profitability. She is the author of an article posted on ABAnet.org titled Firm Culture: Is Your Firm Culture Exposing the Firm to Malpractice or Ethics Complaints?

Her article is particularly relevant today due to the significant rise in malpractice suits. Emma Schwartz writes in Legal Times, “It's getting more expensive for corporate lawyers to defend themselves.”

The number of big-ticket suits has risen dramatically in recent years. As a result, expect higher premiums, higher deductibles and fewer carriers willing to provide coverage. In other words, the cost to insure is continuing to climb upward. Higher cost alone is probably the “good news”. The bad news would be for your firm to be one of those hit with a major suit, i.e., $2,000,000 plus or for insurance carriers to decline to cover your firm all together.

Schwartz notes, “With mounting pressure from insurance companies, firms have centralized ethics procedures, hired in-house general counsel, instituted fresh ethics training and become more persistent about scrutinizing practice group management.”

All of this brings me back to Rose’s article on ABAnet.org. She identifies and describes symptoms of five cultural characteristics that put a firm at high risk for a malpractice or ethics complaint:

1) Short-Team View

2) Office–Space Sharers DBA/a Law Firm

3) Fiscal Irresponsibility

4) Lack of Trust and Integrity Among Firm Members

5) Eat-What-You-Kill Philosophy

Suzanne Rose does a great job of laying out the symptoms of each of the five areas, plus how those symptoms lead to malpractice exposure and what you can do to minimize your risk. She refers the reader to The Minnesota Lawyers Mutual Prolegia™ Web site, www.Mimins.com. The site has an on-line survey you can take to assess the adequacy of your risk management efforts.

To rate your risk management efforts, go to www.mlmins.com/PracticeManagement/RiskManagementSurvey.aspx.