ML O AW L P L RACTICE E G E News ANAGEMENT Summer 2005

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C O L L E G Eof LAW PRACTICEMANAGEMENTNewsSummer 20056305 W. 6th Ave., #A-7 Lakewood CO 80214 Phone 303.232.3355 Fax 303.274.8568 email s.geist@comcast.netAwardsAnd the 2005 Winners Are . . .For the second consecutive year, theCollege of Law Practice Management, inconcert with Edge International, launchedits global search for ingenuity in themanagement of the practice of law.Designed to inspire creative thinking in afield known for its over-reliance onprecedent, the InnovAction Awards areintended not only to identify effectiveinnovation but also to inspire it throughinternational recognition.We were pleased again this year to havereceived numerous entries from fourdifferent countries: the United States,Canada, New Zealand and the UK. Ourinternational panel of judges gathered onJuly 23 to review the submissions. Wenow announce the unanimous winners ofthe 2005 InnovAction Awards:Market Disruptors –Firms with more than 300 lawyersChicago OfficeThis global firm is recognized for creationof its “Venture Pipeline” initiative. VenturePipeline is a separate business unit,launched in 2002 and run by experiencedentrepreneurs and non-lawyers, designedto help early-stage companies. The unit’srepresentatives screen and scrub business plans, give companies feedback,and then work with the law firm’snumerous contacts to find appropriatefunding, benefiting both the venturecapital organizations and the company.www.colpm.orgEntrepreneurs starting businesses saythat finding capital is often their firstpriority; but most law firms play, at best, alimited role in this process. The judgeswere taken with the fact that in the lasttwo years, this group has processedover 900 business plans and providedvaluable input to most of thesecompanies, regardless of whether theydecided to work with the firm.Market Disruptors –Firms with 51 – 300 lawyersAuckland,New ZealandThis firm has implemented a series ofvery deliberately planned actionsdesigned to transform the law firm froma market follower to a market leader.Editor’s Note:Welcome to the summer edition of YOURnewsletter. Fellows have been busy –please note the many moves, changes,new contact information and activities.This issue features a tribute to LeoEisenstatt, a profile and a technologyarticle.Meet the 2005 InnovAction Award winnersat our annual meeting September 9 and10 in beautiful Vancouver. In addition, themeeting program will provide you withpersonal and professional inspiration –from the speakers and while spendingtime with your colleagues. See the articleabout our luncheon speaker on page 3and more meeting information in “FromMAT” on page 2.Please consider whether you have articlesthat could be re-published in the newsletter, or original material that you wouldlike to share first with Fellows, perhaps forfeedback and comment. If so, pleasecontact me. – Mary Beth PrattYour COLPM newsletter team: George Brandon,Bob Denney, Roberta Montafia, Jan Waugh andMary Beth Pratt, Editor (prattmb@pepperlaw.com).

The College Online:www.colpm.orgPage 2There was extensivetime and effortinvested in packagingthe evidentiarymaterials, but whatwas most impressiveto the judges is thatthe firm was able toprovide independentmarket researchshowing the beforeand after results fromtheir efforts.NewsThese initiatives involved conducting(before and after) independent marketresearch, obtaining partner support,overcoming past experiences, changingcultural inhibitions, and instituting a boldmarketing and communications campaignto counter overly conservative perceptions, and reposition the firm as moredominant, contemporary and dynamic.There was extensive time and effortinvested in packaging the evidentiarymaterials, but what was most impressiveto the judges is that the firm was able toprovide independent market researchshowing the before and after results fromits efforts.While entries were received in all fourcategories, this year the judgesregrettably found no winners in thecategories of “Client Service Virtuosos,”“Knowledge Stars” or “Leader Ships,”concluding that none of the law firmsentering had attained the level ofinnovation required to receive an award.The two 2005 InnovAction Awardwinners will be presented with their“NOVA” awards on September 10 duringthe Annual Meeting of the College inVancouver.The College and Edge International thankthe sponsors of the four awardcategories: Greenfield/Belser Ltd.,Baker Robbins & Company, theAmerican Bar Association’s LawPractice Management Section andAstin Tarlton Consulting. Additionally,the contributions of the ABA’s LawPractice Management Section,Canadian Bar Association, PM Forumand Levick Strategic Communicationsas “Publication Partners” in this awardsprogram were instrumental in helpingpromote the awards, and Fellows ChuckCoulter, Richard Potter, Sally Schmidt,Ron Friedmann and Larry Greenpromoted the competition through theirWeb sites and blogs. Thank you all!Summer 2005FromMATEveryone islooking forwardto the meeting in Vancouver!The combination of a great location,fascinating and provocative speakersand. . . .well, admit it. . . . the chance tojust hang out with – and pay tribute to –some awfully fascinating folks is provingto be a magical combination this year.We’ve been deluged with interest fromFellows whose mates plan to join theDavid Whyte session on Saturday. AndI’m trying to figure out how to clonemyself so I can enjoy all four of thediscussion group sessions that willfollow. I know Marty Africa, MaggieCallicrate, Ron Martin and PeterZeughauser will each take a differentand equally fascinating direction withtheir groups! Unfortunately, we can onlychoose one. Perhaps later, over dinner,we can share our notes!A stellar slateWe will induct 13 new Fellows this year.Plan ahead to honor your colleague orfriend in Vancouver. Scheduled to beinducted are:Ida AbbottIda Abbott ConsultingAndy AdkinsLegal Technology InstituteUniversity of Florida College of LawDennis ArcherDickinson Wright

The College Online:www.colpm.orgPage 3NewsElizabeth BroderickBlake Dawson WaldronJames CallowayOklahoma Bar AssociationNorman ClarkWalker ClarkMary CranstonPillsbury WinthropEdward H. Flitton, IIIHolland & HartJoan GleichHusch & EppenbergerJames JonesHildebrandtLinda KleinGambrell & StolzWilliam MeyerHutchinson BlackErica TamblynMilbank Tweed Hadley & McCloyThinking aheadThe schedule for nomination of 2006Fellows has been modified from yearspast. In order to take advantage of thepost-meeting inspiration, as well as toprevent the inconvenience of having toactually think during the holidays, we’vemoved the deadline for nominations up toNovember 15, 2005. Nomination formswill be available in Vancouver and, ofcourse, you can always download a .pdffrom www.colpm.org at any time of theday or night.Not shy, but definitely retiringYou may have heard the news that ourintrepid Administrator, Sandy Geist,plans to retire in October of this year. Weare so sorry (I mean SO SORRY!) to seeher go, but I know she’ll stay busySummer 2005demonstrating the art of gracefulretirement for all of us. There will bemore about Sandy and her replacementin the next newsletter.Bib and TuckerNow, go check your tux or your gown,make certain you’ve got your hotelreservations and meeting registrationcomplete, and your passport or birthcertificate in hand. This is going to be ameeting for the record books!Merrilyn Astin Tarlton, Presidentmat@astintarlton.comA Note about the AnnualMeeting ProgramYou may be familiar with our morningspeaker, David Whyte, and his works,but not with our luncheon speaker. DavidLepofsky is a constitutional scholar andargues criminal appeals for the Crown inthe Ministry of the Attorney General forOntario.David graduated from Osgoode Hall andreceived an LL.M from Harvard. Heteaches an advanced constitutionalseminar at the University of Toronto. Hispublications have been cited by theSupreme Court of Canada and by courtsin every province.What distinguishes David is that he livesconstitutional law. He is widelyconsidered to be one of the outstandingforces in achieving constitutional rightsfor disabled individuals. More than 20years ago, when the Canadian Charterfor Rights and Freedoms was beingdebated, he testified for the inclusion ofdisability equality in Section 15. While inthe middle of his studies for the barexam, he received an invitation to appear– within 36 hours. After that hearing, thedebate raged and the governmentcontinued to reject the amendment.Then-Prime Minister Trudeau supported

The College Online:www.colpm.orgPage 4Newsit and advocates pressed for it, andsuddenly a justice minister named JeanChrétien announced that the governmentwould support it.The Charter gave Canadians withdisabilities a tool to urge governments toremove barriers. But, there is still much todo, and David continues to be a leader inthe effort. A recent cause has been his10-year effort to ensure that announcements on Toronto’s subway system areaudible to all riders especially importantto David, who has been blind since 1978.Don’t miss meeting David Lepofsky inVancouver.Summer ReadingIf you’d like to flex your thinker and getwarmed up for discussion at the AnnualMeeting, check out one or more of thesebooks by our keynote speaker, DavidWhyte: The Heart Aroused: Poetry and thePreservation of the Soul in CorporateAmerica House of Belonging Midlife and the Great Unknown Clear Mind, Wild Heart Where Many Rivers Meet: Poems Everything Is Waiting For YouWe extend a hearty thank you tothis year’s meeting sponsors:Foley & Lardner LLPFriday Reception EntertainmentAssociation of LegalAdministratorsSaturday LuncheonMartindale-HubbellInduction DinnerSummer 2005Fellows News and NotesCamille Grabowski has become thedirector of alliance relations at RobertHalf International. She is responsible forthe development and management ofrelationships with the company’s manyalliance partners, including professionalassociations and software vendors.Ron Martin retired from Holland &Harton July 1. He can still be contactedthrough the firm. His contact informationis on the College Web site atwww.COLPM.org.Michael Palmer joined Allen MatkinsLeck Gamble & Mallory LLP as executivedirector in June. Allen Matkins is a 211lawyer, six-office firm, with the mainoffice in Los Angeles. His new contactinformation is on the College Web site.David Bilinsky is the chair of andSimon Chester will speak at the PacificLegal Technology Conference inVancouver, BC, on October 14. Thesession, “The Shape of Things to Come?Forecasting the future direction oftechnology and the law,” looks at wheretechnology is taking lawyers and theprofession. More information may befound at www.pacificlegaltech.com.Jimmy Brill was awarded a PresidentialCitation from the Texas State Bar forchairing the Task Force on StartingPractices.Peter Giuliani and Sally King wererecently appointed to the New York StateBar Association’s Committee on LawPractice Management.Jim St. Clair will be one of eightvolunteers teaching commercial law toblack lawyers in South Africa fromAugust 15 until September 12. Theprogram is sponsored by the SouthAfrican Black Lawyers Association, the

The College Online:www.colpm.orgPage 5NewsSenior Lawyers Division of the ABA andthe International Senior Lawyers Project.There will be two programs of eightweeks each, one in Johannesburg andthe other in Durbin. Jim will teach twoweeks in each location.Merrilyn Astin Tarlton has become chiefmarketing officer of the Denver law firmof Jacobs Chase. Her new contactinformation is on the College Web site.She will continue as editor-in-chief of LawPractice magazine.Robert Greene was awarded anhonorary doctorate from CanisiusCollege, his alma mater, in May.Ron Seigneur was honored as Volunteerof the Year by the AICPA for contributionsas chair of the Accredited in BusinessValuation credential committee. He spokerecently on “Valuations of IntellectualProperty,” “Law Firm Mergers &Acquisitions,” “Advanced Tax andAccounting Issues for Law Firms,” and“Providing Consulting Services to LawFirms.” Ron also was appointed to theboard of directors of the Colorado Societyof Certified Public Accountants.Sally Schmidt recentlymoved her company’soffices to The DacotahBuilding in St. Paul,Minnesota. Built in 1889,the historic building is atestament to the ItalianRenaissance style ofarchitecture and the superiorquality construction of its day. Listed inthe National Register of Historic Places,the Dacotah is home to many professionals and one of the Twin City’s finestrestaurants. Her new contact informationis on the College Web site.Ken O’Brien, managing director of TheProfile Group, will moderate a panel “TheEvolving Role of the Executive Director”Summer 2005at the Association of Legal Administrators Large Firm Principal AdministratorsRetreat, September 30 - October 1, inArizona. Fellow Jim Lantonio, executivedirector of Milbank Tweed, will be amember of the panel, focused on thecurrent, emerging and potential futureroles and responsibilities of the executivedirector in large law firms.Maggie Callicrate is returning to theUnited States after working for Bell Gullyin New Zealand. She helped the firm finda new CEO and now plans a six-monthholiday in the western United States andEurope. Her new contact information ison the College Web site.Mary Beth Pratt, chief marketing officerat Pepper Hamilton LLP, will moderate apanel, “Dealing with the News Media:Ethical and Practical Considerations,” onSeptember 30 during the PhiladelphiaBar Association’s annual Bench-BarConference.Personal Insights –Introducing:Susan Nycum,former head of theNorth American ITand IP practice atBaker &McKenzie, nowdoing neutralmediation andarbitration in Portola Valley, CaliforniaQ: What do you like most about yourwork as a lawyer?A: I really like working on making deals,seeing people achieve their goals in awin-win way. I now do this in mediation ofdisputes and am gratified by helpingparties get past their “polarization” to anacceptable solution that in many casesresults in their continuing to worktogether.

The College Online:www.colpm.orgPage 6NewsQ: If you weren’t working in a law-relatedprofession, what profession would youpursue?A: It would have to be something aboutconnecting people. For example, I see aneed for people, primarily men who havebeen successful, to have a forum inwhich to share some of their accomplishments and skills. I have held dinnerparties followed by a short lecture byretired men and it is fascinating to thelisteners and (their wives tell me) a greatdepression fighter for the speaker.Q: What are your plans for the next fiveyears?A: I plan to do mediation and arbitrationprimarily in the technology sector that Iunderstand well. I also will provide thesame service to law firms that areexperiencing partner issues – that isbetween the firm and one or morepartners or among groups of partners. AsI have super-large law firm managementexperience and mid- to large-firmmanagement experience, I believe I canreally be of help to the parties. Iperformed this service on one case andfelt I had made resolution possiblewithout a prolonged and public fight.In RemembranceLeo EisenstattWritten with love by Charlie Robinsonand Donna SpilisWe have so many fond memories of LeoEisenstatt from the meetings of the ABALaw Practice Management Section(LPM). He became a friend outside theABA, as well. Here are a few of ourmemories of Leo, a native of Omaha whodied in April at the age of 86.Leo Eisenstatt was the self-appointedsoloist on LPM Section bus trips (andSummer 2005there were plenty of long bus trips) in the1980s and ’90s. His repertoire waslimited to two songs. We can hear himnow starting, “Oh, Lord it’s hard to behumble, when you’re perfect in everyway. I can’t wait to look in the mirror; Iget better lookin’ each day.” The othersong encouraged bodily function discipline while the train was in the station.Leo was nearly perfect in many ways.His partners presented him with a bookwhen he retired from active practice, AJealous Mistress Leo Eisenstatt’s Longand Constant Courtship of the Law. Afavorite quote: “His career is a portrait ofthe very best in American lawyering. Hehas served his profession with great skilland integrity. He fostered the bestinterest of his community and at all timesand in all things, he acted with thosevirtues we identify with those we hold inreverence: respect for the individual,respect of society, and respect of self.”From the biography and stories fromother Nebraska lawyers, we learnedmany impressive things about him: His love for the law. His role as mentor to many lawyers. His great military service in WorldWar II (he was awarded a Bronze Starand his division was one of the first toliberate a concentration camp inGermany).Leo was a pioneer member of the ABA’sEconomics of Law Practice Section(LPM’s former name). As thePublications Division chair, he wasoutraged that book orders were takingsix to 10 weeks to be sent from the ABAwarehouse. Leo passionately suggestedthat LPM find its own distribution outletfor the books that lawyers needed forsurvival and that we “back up the trucksto the ABA warehouse” if they couldn’tget the job done. (Order fulfillment at theABA improved almost instantly.)

The College Online:www.colpm.orgPage 7NewsWe remember Leo and Aileen as friendsthat we wanted to share at least onedinner with on every trip. We loved towatch Aileen in action as she turneddown the first room offered at every hotelwhile Leo behaved perfectly as adisinterested stranger watching heroperate. We would burst into laughterand Leo never made a comment.Leo Eisenstatt“His career is aportrait of the verybest in Americanlawyering. He hasserved his professionwith great skill andintegrity. He fosteredthe best interest of hiscommunity and at alltimes and in all things,he acted with thosevirtues we identifywith those we hold inreverence: respect forthe individual, respectof society, and respectof self.”Aileen has always been an incrediblebargain-shopper. At a meeting in Vail, shefound fresh brisket on sale. She boughtout the store and then bought coolers toprovide brisket for their daughter in SanDiego. They changed their original flightback to Omaha and bought tickets to SanDiego to deliver the gift. Leo schleppedthe brisket without complaint. We call that“true love.” We teased Aileen for yearsabout her “bargain brisket” and howmuch money she saved.We dined and met and laughed andhelped our profession learn qualitybusiness skills, thanks in no small part toLeo. Charlie’s term as LPM chair endedwithin a week of Leo’s 70th birthday, andthat meeting became a birthday bashhonoring our much-loved friend. We stilltreasure our coffee mugs, ordered for theoccasion as party favors, with acaricature of Leo “backing up the truck.”Leo wasn’t much for retirement andcontinued to keep busy. He learned towork with different kinds of stone that heturned into beautiful clocks. We eachhave one, and they keep memories ofLeo fresh every time we look up at them.The song ends, “Oh Lord, it’s hard to behumble, but I’m doing the best that I can.”Leo was a wonderful, fun, brilliant, selfeffacing man. Leo was a great lawyer,mentor, husband and father. To us, Leo isa friend we will always think of with asmile and perhaps a tear.Summer 2005The Lawyer’s DesktopTaming the Messy Desk:How A Search Engine Can Helpby Simon ChesterHow messy isyour desk?How do youknow what’swhere, andcan you findit fast?Now think about your computer. Are yourigorous about storing work in the rightplace? If you’ve got a good assistant orthe discipline of a firm-wide documentmanagement program, you’ll have yourelectronic files saved in the rightdirectories. But check your C-drive or“my documents” folders – is it a dumpingground for your work?The blizzard of email makes things evenmore difficult to find. Key clientdocuments often arrive via email.So how do you cope with informationoverload? The tools that Windowsprovides – Windows Explorer – arepainfully slow in finding anything on ahard drive. Given the lightning speed thatwe find things on the Internet, can’tsimilar personal search tools bedeveloped?That’s the rationale for personal desktopsearch engines. After you download thesoftware to run the search engines, theapplications are easy and straightforwardand – best of all – free.There are three popular productscurrently available – and a new tool fromWindows just out of beta release – MSNLocal Search. Let’s look at the productsfrom Google, Yahoo, MSN Local Searchand a Canadian product, Copernic. Allare free, but with distinct strengths andweaknesses.

The College Online:www.colpm.orgPage 8NewsGoogleWe all know what the interface looks like.The Google Desktop Search looksexactly like the classic web search engine– on your own computer. Type your queryinto the box and the results come backshowing hits, supposedly ranked byrelevance. You then narrow your searchby looking at file type.NEWS is publishedquarterly by theCollege of LawPractice Management,6305 W. 6th Ave., #A-7Lakewood, CO 80214.Trustees:Merrilyn Astin Tarlton,President(mat@astintarlton.com)David gie Callicrate,Secretary(mcallicrate@yahoo.com)John A. Cummens, CLM,Treasurer(john.cummens@harrang.com)G. Burgess AllisonSimon ChesterRonald Del SestoHenry W. EwaltRon FriedmannSusan RaridonLambrethD. James LantonioWendy R. LondonMary Beth PrattSally J. SchmidtHarry P. TrueheartManaging Editor:Mary Beth Prattprattmb@pepperlaw.comAdministrator andDesktop Publisher:Sandy Geists.geist@comcast.netThe simple query box is a little crude tofind the missing document that you knowwas somewhere a month back, or locatea specific email. Relevance rankings arespotty, tending to favor recent work, andnot differentiating between types ofdocuments. Google Labs will continue toimprove the program (filtering and sortingresults, for example), but right now it haslimitations.YahooYahoo’s product comes in the form of atoolbar. It can search a large number offile types, and the index that it forms isn’ta huge file to store. But the searchinterface is rudimentary, with limited waysto rank documents and an unattractiveway of displaying results.MSNThe Microsoft MSN Toolbar with DesktopSearch was released this summer. It isstrong, flexible and indexes a largenumber of file types, though to index andsearch Adobe PDF files you’ll need anadd-on. The product is biased towardsMicrosoft products, which may be aproblem if your browser of choice isMozilla. And, it can affect your computer’sperformance.CopernicIn a recent shoot-out evaluation ofdesktop search engines, Montreal-basedCopernic Desktop Search came out ontop. It is intuitive, powerful and easy touse. It’s been my constant companion forthe last six months and has saved hoursof time locating messages and files. ItSummer 2005opens up a window for you to specifysearch criteria – keywords, date, subject,who a message was from or went to,how long ago it was created and the like.You can specify file type, size or folder. Itindexes hard drives and network drives.The results appear virtually instantaneously in a window, with underneath, apreview into the message or documentshowing where your term occurs, aninvaluable tool to avoid opening anumber of irrelevant files.I use the ability to sort and group resultsall the time. For example, when reviewing my dockets, it’s useful to look at all oftoday’s emails (regardless of whichfolder they are in within Outlook) stackedby subject, and then by time received, soI can tell how long that exchange ofemails with a client actually took.It’s been a powerful lawyer’s tool, a realtime-saver, and I’ve happily recommended it to many lawyers. And it’savailable in both French and English.You may view it at Simon Chester is a partner in HeenanBlaikie LLP, Toronto, practicing in thelitigation and business law groups, withspecial emphasis on knowledgemanagement, research and legalopinions. During the past 25 years, hehas been a pioneer in the application oftechnology to the practice of law.San Francisco in 2006For those Fellows who like to plan wayahead, the hotel has been booked forthe College 2006 Annual Meeting. Youresponded in the recent Zoomerangsurvey that San Francisco was your firstchoice for the destination, so SanFrancisco it is. Mark your calendar forSeptember 8 and 9 at the Palace Hotel.

of its "Venture Pipeline" initiative. Venture Pipeline is a separate business unit, launched in 2002 and run by experienced entrepreneurs and non-lawyers, designed to help early-stage companies. The unit's representatives screen and scrub busi-ness plans, give companies feedback, and then work with the law firm's

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