BYOD is so great for so many reasons (For individuals: fewer things to carry around, everything in one place, no device confusion, you can use your shiny new phone more often. For corporations: less expensive, less need for support/IT, fewer whiny employees asking why they can’t use their iPhone/Nexus 5/Surface instead of the boring old Blackberry) that it’s easy to ignore pitfalls. But the mingling of personal and corporate data on a single device does create a lot of headache, and when you think about it, the privacy implications of BYOD are kind of obvious and something both corporates and users should be aware of.

Most disquieting to employee users of BYOD may be that when it comes to litigation, the fact that the phone is yours means nothing. If the phone or data on it are requested as part of a warrant or relevant civil e-discovery request, it must be turned over – with all of your personal photos, texts, banking information and Words with Friends high scores along with it. This can come as somewhat of a shock, not only because you are turning over private data that may potentially be searched by co-workers and third parties, but because you’ll be without your device as long as it is part of an investigation or discovery process. It’s enough to make you think twice about the ‘burdens’ of carrying two devices!

However, this is not to say that employees are entirely disadvantaged. Federal law does afford some protections, including statutes barring unauthorized, intentional access to employee-owned devices. A recent federal case, Lazette v. Kulmatycki, in the Northern District of Ohio upheld the idea that a company’s search of private employee data on a mobile device violated the Stored Communications Act because such a search was ‘unauthorized’ –even though in this case the device was owned by the company. It can be logically surmised that a similar search on an employee-owned device could create a similar outcome if also unauthorized.

Actually, this idea of ‘authorization’ is one of the strongest takeaways from statutes and case law in this area. And by ‘authorization’ I mean the informed consent of an employee for the employer to search all data on the device. It is absolutely essential that a corporation make the notion of informed consent a central part of any BYOD policy. But we may be getting ahead of ourselves, especially considering that according to a recent survey, 60% of corporations using BYOD lack a policy surrounding it.

Another takeaway is that when investigating surrendered devices, organizations should train staff to understand exactly which data to target and how to avoid data that is private and off-limits or just plain unnecessary to the matter. Technology and written process can help to narrow search and collection to specific date ranges, subjects and data types on a phone or tablet – allowing users to avoid those things that irrelevant and/or in a grey area when it comes to privacy concerns.

Providing an example of what not to do, the investigator/supervisor in the Lazette case accessed over 48,000 of an employee’s personal emails (from an account she thought she had deleted from the device) over an 18 month period as part of his investigation of her surrendered Blackberry. He then shared details of the personal emails with third parties. This is the type of practice companies want to train investigators to avoid. Unless the employee’s personal email is somehow relevant to the case, it shouldn’t be reviewed and definitely not discussed with parties outside of the litigation.

These two strategies are good for both parties because the statistics are showing that BYOD is here to stay and only getting bigger. This year, a Gartner survey of CIOs showed that 38 percent of companies expect to stop providing devices to employees altogether by 2016. And another survey shows that a majority of younger workers are willing to actually contravene a corporate anti-BYOD policy in order to use their own devices on the job. Clearly corporations and their employees are rushing headlong into the BYOD future together. The good news is that with a bit of forethought, some education and the right tools the privacy implications for such a future do not necessarily need to be grim.

The Prestige Rewards Program

What if we just gave them money?

That’s how the Prestige Rewards Program was born. We wanted to find a way to incentivize the best attorneys to let us help them in their job search – after all, they’re the ones our clients want to hire.

Associates with top-tier academic and firm credentials. Partners with portable books of business. These are the attorneys our clients are always asking us about; we just had to find the best way to catch their attention.

Earlier iterations of our Prestige Rewards Program involved offers of coordinated handshakes, karaoke duets and home cooked meals – but those never really got off the ground. Eventually we got around to money. What better way to reward the most marketable attorneys for working with us than giving them a portion of the fee we generate for placing them?

That’s the Prestige Rewards Program in a nutshell: if you’re an associate with elite academic and firm credentials or a partner with a portable book of business we’ll give you money if we place you in your next job – up to $15,000 for associates and up to $150,000 for partners and partner groups.

We work with nearly every firm in the market, so we have access to almost every opportunity you hear about. The real question is: if you qualify for the program, what reason do you have for not working with us?

Sure, you could apply to that intriguing job you heard about directly, or through a friend, or reply to the random recruiter e-mail and in turn fail to take advantage of the money waiting for you in the Prestige Rewards Program. You could also pass up your year-end bonus – but why would you?

Our services aren’t limited to existing jobs. We specialize in helping attorneys find the job they really want, not just the job that’s available. Most of our Prestige Rewards placements come from partnering with attorneys who are relatively happy in their current job but open to a move for the “ideal” position. Take the time to tell us what your ideal job is – we will find it for you and give you money once you accept it. It’s that simple.

You worked hard in school. You worked hard to establish your legal career. You earned this. Why not take advantage?

Make the smart choice.

Find out if you qualify today

The Hero’s Journey and Lateral Hiring

Joseph Campbell, the famous American mythologist, writer and lecturer, talked about common themes and similar patterns that are found in myths and narratives from around the world. He described this concept as ‘The Hero’s Journey.’

Think about any movie that captures your attention. It is comprised of a formula that includes the main character (the protagonist or ‘hero’), the adversary, the conflict between the two, and the resolution. There are other players involved in the story, such as the mentors and helpers. The journey begins with a Call to Adventure and you find the main character embarking over the Threshold into the Unknown, facing Challenges, experiencing Revelation, going through Transformation and reaching Atonement. Most stories that we enjoy follow this formula. In some ways it is a part of who we are, and we want to experience this in story as it gives a framework and context to our own personal journey.

These stories bring us together as a society. Campbell suggests that these stories are what give us meaning and purpose in our lives. In fact, they are so powerful that stories serve as a binding agent, almost like a mortar, between us.

Your law firm is a unique social ecosystem with layers of interdependent actors who are trying to accomplish different goals in different areas, but can only reach those goals by working together as a unified team. Law firms can be fragile, and as I have mentioned before, a law firm is a collective of peers held together only by conditional promises to each other.

When you are discussing your firm’s story with prospective lateral partners, see if you can follow this Hero’s Journey pattern to help give you some structure to the story, and to increase the odds of a successful hire. Here are some ideas on how you can tell the story of your firm in a way that attracts and even bonds prospective laterals to you, and incites them to move their practice to your firm and become part of your firm’s story.

1. Interview new colleagues. Ask relatively new partners, such as those who have been with the firm for less than two years, to submit stories about how their condition improved as a result of joining your firm. Ask them to identify problems they were having prior to joining and how the move to your firm improved the outcome. Get specific results, rather than opinion. Specificity in your story builds credibility.

2. Get testimonials from former colleagues. Those who have nothing to gain from a new hire add the most credibility to your story. Perhaps a video testimonial is more believable, with them telling their story of how they grew or accomplished major career and professional milestones as a result of being a part of your firm.

3. What is the bigger vision? The visionaries will win the lateral hiring game. Those who know their firms, including and especially the firm’s shortcomings, will know how best to grow them. They have to see the future, keep their thumb on the pulse of industry trends, and know how different practices relate to each other and how best to structure those practices and grow them. This can only be done by a leader who is facing forward and whose gaze is set on at least five years in the future.

4. Beyond Profits Per Partner. To win the hearts of high performing attorneys, you have speak to their heart. Recruiting is an emotional game and you have speak in terms of personal satisfaction that a partner might experience, or deep friendships and feelings of working together. How did your team cross the abyss and fight the monsters together? How did they grow from that? What emotions did they experience in working together to achieve Transformation? There has to be substance in the infrastructure supporting all of this, but after the prospective lateral is sold on that, this story will get them to choose you over a competitor.

Remember, this game is about getting a small edge over your competitors in attracting talent. By working on a clearly defined and congruent story, you will increase the probabilities of a successful result and win the lateral hiring game.

Copyright © 2013 Scott Love
Scott Love grows law firms and accelerates attorney careers by facilitating law firm mergers and conducting partner-level recruiting for law firms. He has been a career ‘headhunter’ since 1995 and is a graduate of the U. S. Naval Academy. Scott lives in Washington, DC, with his wife, two children, and a toothless rescue dog named Smoky. He can be reached at 202-737-5555. To learn more, please visit

How effective are my trial presentations? It’s a common question that any good litigator will ask multiple times over the course of his or her career. As a previous trial consultant and now as a product manager for LexisNexis® Sanction®, I have spent a lot of time talking with legal teams about how they can improve their trial presentations and drive better outcomes for their clients. During landmark cases in which I was involved, we could not afford to have technology difficulties and awkward lags in momentum; it was imperative that our team was prepared before trial. As technology moves beyond novelty to an expectation in a growing number of trials, it’s important to periodically review your effectiveness and aptitude in the courtroom.

1. Keep Your Equipment Current
A sure-fire way to bomb in front of a jury is to have outdated equipment that fails during your most critical time. If your equipment (laptop, projector) is more than 3 years old, it is time to look for something new. Projectors come in many degrees of brightness as well as resolutions. Look for a projector that is at least 3,500 lumens in brightness and projects at a native 16:10 aspect ratio. That will match your new laptop when you are connecting for a presentation. A portable screen ensures that you have sufficient space to display your images and videos. If you do get a wide-screen projector at a native 16:10 aspect ratio, make sure your screen matches.

2. Mix and Match Presentation Methods
Monotony is one of your greatest enemies in the courtroom. Jurors’ minds can wander if you stick with one presentation method throughout the trial. You know that you need to be clear and compelling, but so do the various aspects of your presentation. Keep multi in mind when you incorporate multimedia into your case. In addition, don’t be afraid to incorporate traditional methods like large timelines and white boards/butcher paper. Every point to be made in a presentation does not require the use of electronic methods. Keeping things fresh and changing the focus of attention will maintain the audience’s attention.

3. Use Video Effectively and In Moderation
Few mediums are as powerful as video when it comes to illustrating facts. With the right software, you can even create and edit video clips on the fly in response to a judge’s rulings during trial. By utilizing the power of video within litigation presentation software, you can also play video testimony synchronized with deposition transcripts. But remember: it is possible for your jurors to get too much of a good thing. Watch your deposition segments in advance to gauge their impact. Save the playing of video for your best, most important points. When you encounter minor points to display, use the transcript. This will ensure your video has maximum impact when used and will also reinforce mixing presentation methods for greater effectiveness.

4. Know Your Technical Limitations—Both for You and Your Equipment
You’ve mastered the facts—make sure you master your technology. Never be afraid to ask for help, either internally within your organization or externally to trusted support companies. Invest the time you need to feel confident with the equipment that you’ll be using in the courtroom, as well as the software. Consider familiarizing yourself with and using software, such as Sanction®, to present documents, exhibits, transcripts, demonstratives, and video that will be used to present evidence throughout litigation.

5. Prepare, Prepare, Prepare
They say practice makes perfect, and the high-stakes truth of that statement is rarely more apparent than in the courtroom. Software such as Sanction can help you organize evidence throughout the life of a case and create powerful visuals, along with other materials to present with confidence. Visit the venue in advance, if it is an electronic courtroom, plug in your devices and check the display on every monitor or projector in the room. If you are bringing your own projector, test it at your office and make sure you have adequate bulb life to get through your trial or proceeding. If any of your tools (such as digital pointers or remotes) require batteries, be sure to have a back-up in your briefcase. And, perhaps most importantly, take time to review every piece of evidence, every demonstrative and every video segment one last time before presenting.

Easy to use but powerful, Sanction litigation presentation software is one of the best ways to prepare for and present an effective trial presentation. Sanction offers a proven way to organize, manage, and present evidence throughout the life of a case, along with other materials that will help you present with confidence. To explore it for yourself simply register for an online demonstration of Sanction—when you do you’ll receive 20% off your purchase of the software.

Mike Hahn is senior director of product management at LexisNexis and is an original founder of Verdict Systems, creators of Sanction. Hahn has provided consulting services for landmark matters such as United States v. Timothy McVeigh, the Washington, D.C., sniper trials, and Joseph Hirko v. United States (Enron Broadband Trial). In addition to consulting, he is a frequent speaker at industry trade shows and Continuing Legal Education events.

I spent the last few days of my vacation with a relative in a hospice home. The facility itself was quiet, but within earshot of a neighboring noisy Montessori school only a few yards away.  The children laughed and screamed loudly on the playground in a melee of activity.  This really bothered me. Couldn’t the teaching staff show some courtesy by at least trying to keep the noise down?

I then noticed that all the windows and doors of the hospice home were propped open, especially those that were facing the Montessori school. I saw that even some guests were sitting outside of their rooms, quietly watching and listening to the noisy playful children.

It then became apparent to me that these loud happy sounds were not damaging, but nurturing. Either through divine intervention or very bad zoning, the relationship between these two facilities grew into a symbiotic balance of healing and harmony, with the Montessori school doling out generous doses of energy and power to the guests in the hospice home.

We all affect each other in our relationships, especially in a closely-knit workplace environment like a law firm.  A law firm is a fragile structure and is nothing more than a collective of peers held together by conditional promises to each other. They are hypersensitive and, as a leader, you affect the mood and the emotional state of the team.

Do you ever wonder why there is churn in your firm? Have you built up what is considered a world-class office, but are still surprised when partners depart to go to other firms with seemingly inferior platforms? It could be a subtle tell or indication that the leadership of the office must improve. On a very personal level, you possess the potential to create a synergistic balance of harmony.  Partners leave for all sorts of reasons, but if it’s because of a lack of trust (or what some call ‘culture’), then that responsibility sits squarely on the shoulders of the firm’s leadership. But the good news is that this can be improved over time when the leadership realizes they need to change and are committed to doing so. But it takes time, energy and deliberate effort.

Recently I was talking with a prospective lateral who wanted to leave her firm very badly. She told me how the firm’s leadership rarely shared positive comments with the partnership. “They never know how much this negativity influences all of us.  And now they wonder why morale is so bad over there.”

If you are in a position of leadership, whether it is by title, position, or because of the political capital you have earned within your firm, then you have been given a heavy and serious responsibility. Here are three ways to positively influence the culture of your firm and the partners within it. Remember, as a partner-level legal recruiter, I talk to partners every day to discuss their motivations to move. I hear partners complain frequently about why they are open to leaving firms, and often it is because of the firm’s leadership.

1) Catch people doing something right. It can be a spontaneous and verbal recognition of their effort, or you can do it at your partnership retreat or during your monthly conference calls.  Either way, you can harness the power of influence to shape the premises of what is accepted as strong performance.

If your organization has the ability, put these awards and stories in an internal newsletter or an innovative podcast format to distribute to partners and associates. Interview them and create an audio library of achievement and best practices within your firm that people can access via mobile devices when commuting. This doubles as a training moment, and also inspires colleagues and younger associates to stretch beyond their reach. It may even help them to feel connected to colleagues in far away offices. Audio programs add an emotional context to the experience because they can be more personal and more human, more than the written word.

2) Keep a positive and optimistic outlook.  Your mood is the thermostat of the team’s attitude. Everyone looks to you to see how they should gauge it. If your firm faces a grave situation, stay encouraging and offer hope with empathy to your colleagues and co-workers.  Hope always exists in everything.  It’s up to you to find it, look through that lens of hope, and share it with everyone else.

3) Understand how much power your personal influence really carries. A subtle rolling of the eyes, a careless word or a rude remark can be demoralizing. Don’t talk negatively about colleagues or even recently departed partners. In today’s world of social media, personal interactions have become more meaningful. Leadership is intensely personal and each interaction is powerful.  Each contact that you have with a member of your team will either add value to or detract from the interdependent nature of your relationship.

The entire culture of your organization can be shaped and molded through your power that you carry as a leader, and in many ways your personal influence can offer healing and hope.  Be intentional and deliberate to influence your team in a positive manner, and if you do, then you will be giving those partners who are contemplating a move one more big reason to consider staying.

Copyright © 2013 Scott Love

Scott Love grows law firms and accelerates attorney careers by facilitating law firm mergers and conducting partner-level recruiting for law firms. He has been a career ‘headhunter’ since 1995 and is a graduate of the U. S. Naval Academy. Scott lives in Washington, DC, with his wife, two children, and a toothless rescue dog named Smoky. He can be reached at 202-737-5555. To learn more, please visit

Your Best Path Forward

Brian Belowich never really thought of leaving BigLaw to start his own practice. Over his fourteen-year career, his litigation practice was thriving and his clients were happy – but Brian still felt like something was missing.

He didn’t realize what it was until his daughter’s soccer game brought him back in touch with an old friend (who just happened to work at NexFirm). That’s when he decided to seriously consider the possibility of going out on his own.

“NexFirm put together a comprehensive business plan and guided us through the launch process,” Brian recalled. The findings were clear; the risks of going out on his own were actually lower than staying put. The rest was just details.

On May 1, 2013, with the help of NexFirm, Brian and his longtime friend and colleague, Dan Walsh, formed Belowich & Walsh LLP, a law firm specializing in complex commercial litigation, real estate and construction litigation, arbitration and appeals.

Six short months later, Belowich & Walsh LLP is thriving. “We can focus on serving our clients and building our practice, while NexFirm handles the rest,” said Dan. “They have been a tremendous resource.”

Leaving BigLaw and starting your own firm could be the best path for your career, but you will never know until you consider the possibilities. NexFirm will help you construct a launch plan full of financial forecasts and operational strategy, at not charge. If it is the right move for you, NexFirm is ready to get you up and running quickly and efficiently. If not, you will have learned a lot.

Contact NexFirm today at 212-292-1000 and explore your career options.

Liz Murray overcame tremendous odds as she transformed herself from a homeless teen to a Harvard graduate. Her transformation was portrayed in a 2003 Lifetime Television movie, From Homeless to Harvard: The Liz Murray Story, which was nominated for a Primetime Emmy Award. Murray reduced her very personal story to writing in September 2010, in a moving, loving, beautiful autobiography, Breaking Night: A Memoir of Forgiveness, Survival, and My Journey from Homeless to Harvard (affiliate link), which within one week landed on the New York Times bestseller list.

Murray’s accolades are numerous, including The White House Project Role Model Award, a Christopher Award, and Oprah Winfrey’s first-ever Chutzpah Award. Murray is the founder and director of Manifest Living, a company based in New York that aims to empower anyone who has the desire to change their life. She is also a motivational speaker and will be the keynote speaker on November 8, 2013, at the National Association of Women Lawyers’ Ninth Annual General Counsel Institute in New York.

Liz Murray was resilient through tough and troubled times and loved the idea of “possibility.” Murray will explain that through the death of her mother, she learned an important life lesson: life is malleable and people have the internal power to change their lives through sheer grit and determination.

Murray was born on September 23, 1980, to poor and drug-addicted parents in the Bronx. Her mother, Jean Murray, was legally blind due to a degenerative eye disease that she had since birth. This meant that she qualified for and received a monthly welfare check. Murray’s family life revolved around the first of the month—the day the welfare check was due. On that day, food was abundant. However, within five days, the money would be gone and for the rest of the month, Murray and her sister survived on egg and mayonnaise sandwiches. They attempted to squelch the pain in their burning stomachs by consuming ice cubes, tooth paste—even ChapStick.

Murray commenced her education in 1985. Although she tried to be a good student, it just didn’t work out that way. She lived in a filthy home and was self-conscious of the stench that she gave off from her unwashed body and squalid clothing. The shame associated therewith caused her to plead with her mother to stay home and, eventually, her mother allowed her to do so.

At age 11, Jean Murray announced that she had AIDS. The following year, Murray’s parents separated, and her mother and sister moved in with her mother’s boyfriend, Brick, while Murray decided to stay with her father. At age 13, Child Welfare took Murray into care. Eventually, the state decided that Murray would be returned to her mother.

Murray began attending junior high school and became friends with a girl named Sam, who similarly had problems at home. Murray told Sam that she could stay with her. The two began avoiding school and hung out with a gang of other truants. When Brick found Sam hiding in Murray’s room, Brick told Sam to get out. So Sam and Murray packed their bags and began to live on the streets, in subway cars, on park benches, and, when possible, at friends’ apartments.

At age 16, Murray’s mother passed away. When her mother died, Murray had an epiphany: “Life was malleable. If I could have a family and a home one night and all of it’s gone the next, that must mean that life has the capacity to change. And then I thought, Whoa! That means that just as change happens to me, I can cause change in my life.” Murray realized that life could be anything she wanted it to be. This pivotal turning point caused Murray to make her first real commitment – to high school. She heard about alternative high school. She researched and went to as many school interviews as she could. Dressed in Goth attire, she was repeatedly rejected.

Murray then experienced another pivotal turning point. She reached in her pocket and realized that she had enough money to buy a subway token to an interview or buy a slice of pizza. Murray opted for the token, which led her to meet Perry Weiner, the founder of Humanities Preparatory Academy. Weiner gave Murray the chance that changed her life. He offered her admission to Humanities Preparatory Academy, where she became a straight A student, fishing a four-year high school program in just two years. Weiner later selected Murray for a trip to Boston. When she arrived on the campus of Harvard University, she had a deep longing that she could not explain. Weiner encouraged her to apply to Harvard, telling her that although it was a reach, it was not impossible. Murray headed his advice, but wondered how she would pay for tuition, room, and board. She then discovered The New York Times scholarship contest, which would provide winning contestants with a $12,000 yearly college scholarship. The scholarship contest required students to write an essay in which they were to describe any obstacles that they had overcome in life to thrive academically. Murray became one of the six scholarship recipients and was admitted to Harvard. Her story was first printed in the New York Times. After the article appeared, strangers came to Murray’s aid, providing her food, clothing, money for rent — even laundry service. Murray’s life was forever changed.

As amazing as Murray’s transformation is, equally important is Murray’s resolve to carve a life for herself that was not limited by her past. Murray is adamant that people should not use their past as an excuse not to take opportunities; every new moment is a new opportunity, and no one knows what is possible until doing it. Murray’s life is a triumph over adversity and a stunning example of the importance of dreaming big, working hard, and being resilient in tough and troubled times.

We look forward to Liz Murray’s keynote address. For further information and to register for the Ninth Annual General Counsel Institute, taking place in New York on November 7-8, 2013, go to News and Events at

Getting an Edge in the Game

She called me and gave me the bad news after the interview, saying she lost interest in joining my client, telling me it was because the firm was not serious about growing the office. I was surprised when I heard this because the firm’s managing partner told me this search was a priority. I asked her why she felt that way and she said that one of the two partners in the meeting kept checking his blackberry during the interview. She ended up joining another firm.

Two weeks later, this same law firm interviewed another lateral partner candidate I submitted. I asked him how the meeting went, and the first thing he told me was that one of the two partners in the meeting kept checking his blackberry during the interview. Two months later, he joined another firm.

If hiring successful lateral partners with loyal clients is a priority to your firm, then everyone involved must appear to make it so. At the partner level, the deals are fragile and are lost from these little things such as a misunderstood comment, a misinterpreted tone of voice, or a minor sign of unintended disrespect such as a quick glance at the email during the interview. These ‘tells’ influence perceptions and ultimately decisions. I doubt the partner checking his email would have done that on a meeting with a prospective client to get work.

A critical suggestion I have made to firms on this subject is to make lateral partner recruiting a priority on the same level as client development. If you want to grow your firm, you have two options: get new clients, or recruit those who already have them. You need to discuss this with your partners and let everyone see how adding productive partners with loyal clients in strategic areas will help everyone grow their own work over time. You need to discuss how lateral recruiting, when done with a clear strategy and in a smart way, adds synergistic and symbiotic value on multiple levels. This has to be part of your firm’s story.

Lateral partner recruiting IS client development.

From my personal experience of watching hundreds of candidates fall off of my magical recruiting circus bus over the years, here are three tactical suggestions to get an edge in the lateral game and keep your potential lateral placements moving forward:

1. Serve the good wine first.

Consider who will best represent your firm and have them start the process of meeting the prospective laterals. Once a good impression has been made, then bring in the others who might be the next choice in the process. Get the rainmakers and leaders involved early in the process because usually they have mastered the skill of developing authentic and meaningful relationships. I have several clients who are adept at bringing in the big guns first. A visible display of the commitment to the candidate by law firm leadership is a positive “tell” that says to the prospective lateral, “This practice group is a priority. Growing it is a priority. You are a priority. And if you join our firm, you will be a big deal to us.”

Abraham Maslow, a psychologist who observed what motivates people at work, developed the most widely adopted perspective on human needs in the 1960’s. One of these five fundamental human needs is recognition: we all have a need to feel recognized and important.

This is a leadership issue. Some firms do not have effective leaders in place that know how to orchestrate and articulate these issues, and some feel that positive leadership is beneath them and that their old and tired brand should be enough in itself to draw people to them.

2. Practice before the game, not in the middle of it.

Make sure that those partners engaging the candidate during the first interview understand the potential contribution he or she can make, and how the firm and the new partner together can derive a mutual satisfaction of needs.

Prep those involved partners about the candidate’s motives and clarify your firm’s “hiring value proposition” as it relates to this specific lateral prospect. I have created a significant advantage with my clients when I facilitate a conference call with the leaders and involved partners before a meeting. That way we are all on the same page and everyone knows what questions to ask, what hot buttons to press, and how to move things forward.

3. Accept the fact that this takes time. A LOT of time.

You may get resistance from the partners to spend time on the above exercise. I know that everyone is busy with competing agendas, but this is an issue of leadership and priorities.

There must be someone involved in the process that has enough political capital in the organization to steer all the partners in the same direction. Partner recruiting, at least when it comes to the face of the firm, must not be delegated to staff, even if they are highly motivated and competent. There must be a peer-to-peer facet of the relationship between your firm and prospective laterals at all times.

If your entire lateral recruiting process is nothing more than a flurry of emails between everyone, then you are losing an edge because you are not sharing information in an effective and creative way that can provide key solutions to bringing that lateral over. When you are emailing, you don’t think of asking a certain question the way you would in a phone call, and that one small piece of information could possibly be the single greatest resource in getting that candidate to consider joining your team. Communication during this process should be a continuous brainstorming exercise, not one-way information dumps.

You need to spend time on this, and recruiting lateral candidates needs to be as great of a priority to your firm as acquiring new clients. If you make it a priority and follow these steps, you will get an edge over your competitors in the game for winning talent.

Copyright © 2013 Scott Love

Scott Love grows law firms and accelerates attorney careers by facilitating law firm mergers and conducting partner-level recruiting for law firms. He has been a career ‘headhunter’ since 1995 is a graduate of the U. S. Naval Academy. Scott lives in Washington, DC, with his wife, two children, and a toothless rescue dog named Smoky. He can be reached at 202-737-5555. To learn more, please visit

It’s one of the two most important concerns for small law firm attorneys: your bottom line. If your firm is not profitable, even the other top small law firm concern, quality legal practice, will falter. Profitability matters.

With clients pressing your income down, and economic changes pushing costs up, how can a small firm grow profitability? Karl Florida of Thomson Reuters applies smart business practices to the current small law firm environment, and concludes that one thing can drive short-term gains and establish long-term stability: technology.

In the Independent Thinking article, How Technology Drives Short- and Long-Term Profitability for Small Law Firms.

Download the free article to read about:

• Three specific software options that can help you operate more efficiently
• Technology that can solve for immediate workload and personnel challenges
• How technology use today can drive long-term profit growth or firm expansion

Karl Florida leads Thomson Reuters’ small law firm business, which offers such legal solutions as the Firm Central cloud-based practice management platform, WestlawNext small law firm plans, and FindLaw’s lawyer marketing solutions.

Download a free copy of How Technology Drives Short- and Long-Term Profitability for Small Law Firms to learn more about smart technology choices that can impact and grow profitability for small firms.

Dear Reader, we’ve covered many topics over the past months: iPhones, Octonauts, Justins. We’ve covered TAR, cyber-security and playing well in the schoolyard (OK, I’m double-dipping, that was the Octonauts too). Surprisingly, one thing I haven’t covered, really, is probably only the biggest topic of them all in e-discovery: we have too much electronically stored information.

As I’ve detailed before, pre-TAR review workflows did not really fit the work in front of us or the skills we had with which to do it. We have been trying to review document collections as if we were reading novels: beginning with the first document and reading our way through until the end, hoping that we captured enough details to pass the triers’-of-fact exam at the end of the process. At best, we could be a bit more skillful when we had an index to guide us but an index is only as reliable as its input and, actually, we really needed to read the whole stack to create the index in the first place.

But, things are beginning to change. We have TAR now, the Indexobot 3000 that will crawl through your collection and attempt to predict, at least, which documents are not responsive. We have increasingly “intelligent” OCR technologies. We have indexes automatically generated by our databases. So, yeah, we have some assistance. But, we still have too many documents that are being generated too fast for us to make sense of in any meaningful way without expending increasingly onerous billable hours of review time.

And all of this is just to get a sense of what’s in the collection. We’re not even looking for the needles yet. We’re just trying to find out how much hay there is and what state it’s in.

Well, today, I’d like to introduce to the visualization modules . . . your best shortcuts to the best stuff!

While ediscoverers like to fancy ourselves as cutting-edge, I’d like to acknowledge that, for decades now, at the intersection of neuroscience, psychology, sociology and computer sciences – a community of researchers has been working to determine how humans take in new information and how to best deliver that information to them. The results of their studies have collectively come to be known as visual analytics. These are the researchers responsible for colorful maps depicting world-wide pandemics, economic disparities, species extinctions, hunger rates. They collect or acquire datasets from national archives and multinational organizations and hash them out into meaningful statistical pronouncements.

Also, they study humans and attempt to discern the most efficient means of delivering information to their brains in a format that can be quickly digested without losing any essential details along the way. For instance: they use pretty shapes and colors. They produce pie charts, bar and line graphs. They make learning simple, fun and – ideally – instantaneous!

Ok, maybe now you’re thinking, thanks Canary, why are you wasting our time here . . . we have documents to review!

Well, folks, visual analytics has arrived in full in the e-discovery market. Most providers offer some sort of it, most trade show booths have giant monitors showcasing it, and, if they want, most users now have the opportunity to use it.

Summation 5.0, AccessData’s document review platform, has an exciting array of visualization tools.

With Email Visualization you can choose from a variety of graphical formats. You can construct a timeline to graphically illustrate relationships within your data set based on emails in a certain date range and, once your graph is rendered by the system, you can easily identify the frequency of communication between your custodian and different parties.

With the Social Analyzer, you can see an overall view of communication at a domain level, identifying Custodian interactions and revealing connections that make literal the idea of a “document universe”.

And if you want to know just how many of your documents are – the horror – spreadsheets, you can click quickly on the Filetype Analyzer.

Your initial reaction to all of this might be, well, skeptical of the accuracy or utility of the tools; or perhaps you just think that “work” should not be so easy on your eyes. That’s fine. But remember, like predictive coding or other assistive technologies, this is just a tool. I’m not suggesting that you go a picture-only model of review. But, look above, why don’t you start this review with the orange slice of pie. It has all the documents. Or further up above, what’s going on with those outlying circles? They’re large because there’s a lot of activity but they’re far away from the more populated clusters because they come from a different domain. What’s that domain? Did you know about it before you quickly peeked at this image?

Ok, you’re still not convinced? Then go ahead and click on the X in the corner. Close the picture. You still have all the data underneath.

And all the time you need, right?

For more info on Visual Analytics, join me and a panel of experts here at the EDRM webinar series last week . . .

Eric Killough is the virtual canary AccessData has released into your digital mine. He is a JD, a CEDS, and a librarian. He thinks about electronic discovery probably more than he should. Please join him here, at Twitter, at LinkedIn, and at his own blog. He’ll be happy to meet you.

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