FRON LEGAL BLOG WATCH

Legal Blog Watch

Copyright Ruling Sounds the Death of 'Net Radio Will the March 2 decision of the U.S. Copyright Royalty Board raising royalty rates for Webcasts 30 percent mean the death of Internet radio? U.S. Rep. Edward Markey, D-Mass., thinks so. As CNET News reports, he testified yesterday before the House Subcommittee on Telecommunications and the Internet that the CRB's decision "represents a body blow to many nascent Internet radio broadcasters." That is also the conclusion of the Radio and Internet Newsletter, which did the math and found that the royalties an Internet radio station would pay would easily exceed any revenues the station might bring in. Among bloggers, the decision likewise won no fans. Here is a sampling of what they are saying: Andrew Raff at IPTAblog:  "If the royalty rates are set so high that webcasters cannot afford to operate and pay artists, the webcast royalty pool may end up smaller than it is currently." Alan Wexelblat at Copyfight: "Nothing short of Congressional action is going to hale the Copyright Board's new rate structures." Erik J. Heels: "The Copyright Office's recent decision that Internet radio stations must pay higher royalty rates for music than broadcast radio stations is puzzling. The Copyright Office is propping up old broken technology (broadcast radio) at the expense of newer better technology (Internet radio)." William Patry at The Patry Copyright Blog: "The decision ... will, by the accounts within the industry, lead to the death of small, independent Internet radio. The noticeable swaying of these canaries before they die may also be a signal of the impending death of the present system of rate fixing, a system that has never worked, despite the expenditure of vast amounts of Congressional time on the issue and vast amounts of money by the affected parties." Bill Goldsmith at Save Our Internet Radio: "Crippling an exciting, groundbreaking industry like Internet radio is certainly not in the best interests of the public, nor that of musical artists, and not even - if history is any judge - of the music industry itself." Doug Isenberg at GigaLaw.com Daily News: "The board ignored the arguments of the International Webcasting Association and other webcasters, and apparently simply endorsed the proposal of the RIAA-associated SoundExchange royalty organization, which represents the major and some indie labels." Paul Fakler via Martin Schwimmer's The Trademark Blog: "It boggles the mind how a supposedly market-rate determination by the Copyright Royalty Board could end up with such a rate that no sane webcaster ever could have agreed to." Mike at Techdirt: The industry continues to think that it needs to do this because it wants to own all distribution and promotional avenues in order to be able to continue to take its large cut. However, that's no reason for the Copyright Royalty Board to put in place these artificial barriers that only serve to protect the recording industry's outdated understanding of its own business model. The rate-setting authority of the Copyright Royalty Board is governed by 17 U.S.C. section 112. Posted by Robert J. Ambrogi on March 8, 2007 at 12:14 PM | Permalink | Comments (0) Are Noncompetes the New SOX? A Financial Week article on the rise of noncompete litigation directed at top executives piqued Jay Shepherd of the blog Gruntled Employees to do some research. What he found was that, over the last decade, the number of published noncompete decisions in state and federal courts nationwide has doubled. In just the last two years, the number of decisions surged 37 percent. If that many noncompete cases are being decided in written opinions, he notes, then the number being filed has to be significantly greater. Why this surge in noncompete cases? One reason, Shepherd says, is the increasing number of employees who are signing noncompete agreements. Another is the fiercer competition for top-level talent. Whatever the reason, there is irony in these numbers, as Shepherd sees it. Many in-house counsel view their biggest employment-law concern as the rise in Sarbanes-Oxley whistleblower lawsuits. But given the numbers, perhaps they should reconsider, Shepherd suggests. "[C]ompare the number of cases filed under SOX's Section 806 (the only part of the Act that allows an individual to sue) with the noncompete statistics above. According to the U.S. Department of Labor, only 130 SOX whistleblower cases were decided in 2006. ... And while that number has risen over the four years since the Act was introduced, the number of those cases pales when compared to noncompetes." For Shepherd, the conclusion is this: "Maybe noncompetes are the new Sarbanes-Oxley whistleblower bogeyman." Posted by Robert J. Ambrogi on March 8, 2007 at 12:09 PM | Permalink | Comments (0) Software Cited for Unauthorized Law Practice A recent decision from the 9th U.S. Circuit Court of Appeals may be the first to cite a software program for the unauthorized practice of law. Entrepreneur Henry Ihejirika offered the so-called bankruptcy expert system through his company Frankfort Digital Services and a series of Web sites operating under the names 700law.com, Ziinet.com and others. Ziinet described the bankruptcy service this way: "Ziinet is an expert system and knows the law. Unlike most bankruptcy programs which are little more than customized word processors the Ziinet engine is an expert system. It knows bankruptcy laws right down to those applicable to the state in which you live. Now you no longer need to spend weeks studying bankruptcy laws." In 2002, Jayson Reynoso visited Ziinet, plunked down $219 and used the program to generate a complete set of Chapter 7 bankruptcy forms. But when he filed them, the trustee noticed errors in the petition. Upon questing Reynoso, he learned that the debtor had paid for the assistance of the artificial-intelligence program. The trustee brought an adversary proceeding against Ihejirika and his companies, alleging that the Web-based program had acted as a "bankruptcy petition preparer" in violation of the law and had engaged in the unauthorized practice of law. The bankruptcy court agreed, and the 9th Circuit, in a Feb. 27 decision, affirmed. "Frankfort’s system touted its offering of legal advice and projected an aura of expertise concerning bankruptcy petitions; and, in that context, it offered personalized -- albeit automated -- counsel. ... We find that because this was the conduct of a non-attorney, it constituted the unauthorized practice of law." As the Wired blog 27B Stroke 6 notes about the case, Ihejirika used a flesh-and-bones attorney for his defense. But Seth at QuizLaw raises an intriguing question: What if the software had first taken and passed the California bar exam? Posted by Robert J. Ambrogi on March 8, 2007 at 12:03 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

FROM GLOVAL VOICES

'South Asia: International Women's Day'
by Neha Viswanathan

Today is International Women's Day, and I've been poking my nose a bit to take a look at what the blogs have to say. A post on adhunika blog poses a question asking what the readers would want changed. While this other post doesn't mention Women's Day, adhunika blog talks of wedding related expenses for middle class Bangladeshis. As it is in most cultures, the bride's family has to have the deeper pockets.

My observation reveals that it is mostly women who are the show pieces of the extravagance at the weddings. The brides today have to have 5/6 layers on their neck, heavy earrings, their head covered in different gold items, arms full of bangles, mantashas and rotonchur’s. They are consciously or subconsciously in a contest with their friends or family in wedding expenses and the (often exaggerated) social status of their grooms.

scribble pad on the usual

anyhow. if you think im grumbling about all that, contrary to appearances, im not. i was steeling myself for the absolute inanities that i would inevitably hear about how women dont have those (insert every single very much still contemporary issue here) problems any more. and yaay, who just lost a bet with me? i sure did.

iFaqeer on women in Pakistan.

As I started to say above, even with all the attention focused on Pakistan and Muslims since 2001, these women demonstrate in all they say and do, and in how they say and do it, something no amount of ink--print or electronic--has been able to capture and convey. And that is that one can live in a dictatorship, one can be victimized in the most barbaric way, and yet, even in this day and age, stand up and speak truth to power, demand justice while continuing to have and draw strength from a very strong and personal faith (as Mukhtaran Mai does) and advocate strongly for things like human rights, civil society, and civil rights in the context of, and with respect for, faith, family, tradition, and values.

The Blank Noise Project asks contributors to talk about their experiences with Street Sexual Harassment.

This is an attempt to understand how different women ( across age groups/ cultures/ communities) have dealt with street sexual harassment in their everyday lives. Male bloggers are encouraged to share stories of women in their lives and how they have dealt with street sexual harassment.

Women across the Indian Blogosphere responded to this call by The Blank Noise Project and responded with their experiences. Twilight Fairy shares her thoughts on dealing with harassers. Falstaff makes an interesting point by saying "I'm constantly appalled by how much of what passes for feminism seems to focus almost entirely on establishing victimisation, while paying little or no attention to what can be done about it". My life, my words on why street sexual harassment is real problem.

I think it is very important. How many women would go to work if they could travel without fear and their fathers/husbands did not impose restrictions on their movements (of course, the fact that they impose restrictions is itself a problem)? How many women are likely to get a quality education when the centre of education - the university or the college - is away from home, perhaps, in another city?

As for me, after a particularly harrowing day, I am not feeling too international or womanly. But, regardless of your sex or gender, have a nice International Women's Day.

You may view the latest post at
http://www.globalvoicesonline.org/2007/03/08/south-asia-international-womens-day/

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ

LAWYERSCHILE.BLOGSPOT.COM
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

from legal blog watch

Legal Blog Watch

Juror Blogs Complicate Trials The jury foreman wrote on his blog that the upcoming trial would require him to "listen to the local riff-raff try and convince me of their innocence." He was surprised that he was chosen for the jury, he wrote, given his strong beliefs about the police and God. None of that was enough for the trial judge -- or the New Hampshire Supreme Court -- to throw out the conviction, but, as the National Law Journal reports in an article to be published Monday, the case illustrates a new area of concern for lawyers in criminal and civil trials. Says Chester, N.H., lawyer Mark Sisti, who represented the defendant in the case: "It's the kind of stuff that scares you because you don't know what's going on. You don't know if the jurors are communicating via this type of media or device after they are released each day, you don't know what they are picking up. It's not TV or radio, this is a whole new medium." Many bloggers, the article suggests, decide for themselves not to blog about their jury duty, even absent instructions from the judge. But others, thanks to courthouse Internet access, blog live from the jury room. Clay S. Conrad, a Texas lawyer who writes the blog Jury Geek, told NLJ reporter Vesna Jaksic that blogging by jurors raises interesting questions. A juror is not supposed to discuss the case, he notes, but is blogging a discussion? Whether it is or not, he says, it could later produce evidence that a juror has prejudged the case. In the New Hampshire case, the Supreme Court found no error because the blogger's posts were not shared with his fellow jurors and because he assured the trial judge that he had followed his instructions once the jury was seated, as Molly McDonough reported in October in the ABA Journal eReport. But for lawyers, the moral of the story may be that here is yet another reason why they must understand and pay attention to blogging -- and ask about it in voir dire. Posted by Robert J. Ambrogi on March 6, 2007 at 02:28 PM | Permalink | Comments (0) Many Lawyers Behind USPTO Pilot Lawyers and bloggers played roles in helping to launch the U.S. Patent and Trademark Office's pilot project for public review of patent applications via the Internet. As Washington Post writer Alan Sipress reported yesterday, the USPTO pilot will allow some companies submitting patent applications to agree to have them reviewed via the Internet. It is called The Peer to Patent Project, and, as Law Blog noted yesterday, it has been spearheaded by New York Law School professor Beth Simone Noveck, director of the school's Institute for Information Law & Policy. A broad array of other lawyers and bloggers are serving as advisers to the project. The list includes Robert Barr, executive director of the Berkeley Center for Law and Technology; Dennis Crouch, author of the blog Patently-O; John Duffy, George Washington University law professor; Will Fitzpatrick, corporate counsel to the Omidyar Network; Alan Kaspar, partner at Sughrue Mion; Stephen Kunin, special counsel at Oblon Spivak; Mark Lemley, director of the Stanford Program in Law, Science and Technology; Michael V. Messinger, director of Sterne, Kessler Goldstein, & Fox; Gideon Parchomovsky, University of Pennsylvania Law School professor; Arti K. Rai, Duke University Law School professor; and Steven  S. Weiner, partner at Davis Polk & Wardwell. The USPTO even consulted CmdrTaco, the founder of Slashdot, according to Wired News. The pilot project is an interesting idea, says ProfessorBainbridge, one that other administrative agencies might emulate. He writes: "For example, like all other federal agencies, the SEC currently invites public comments on rulemaking proceedings, but lacks the community rating system. Given the widely available technology for creating such a system, however, there's no reason why the SEC couldn't follow in the PTO's footsteps. Comments by respected securities law academics (ahem) presumably would get pushed up, while duplicate astroturf comments presumably get pushed down. Or maybe not, as we might see astroturf campaigns to affect the ratings. Yet, it seems a worthwhile experiment." Follow the project's progress through its blog.  Posted by Robert J. Ambrogi on March 6, 2007 at 02:23 PM | Permalink | Comments (0) SOX: Unintended Consequences for Laywers Norm Pattis was the first to raise the red flag. On Feb. 16 at his blog Crime & Federalism, he noted the indictment of a Connecticut lawyer "in what appears to be a test case of a Sarbanes-Oxley amendment to the federal criminal code." The indictment, announced Feb. 16 by Connecticut U.S. Attorney Kevin J. O'Connor and reported the same day in the Hartford Courant, charged Greenwich lawyer Philip D. Russell with obstructing justice and destroying evidence concerning child pornography. The government alleges that Russell destroyed a church computer allegedly containing child porn downloaded by a church employee. What made the charge novel was the government's use in this child-porn probe of a law designed to target corporate wrongdoing. As Pattis explained then: "Russell ... has been charged with violating 18 U.S.C. Section 1519. That provision makes it a crime to tamper with potential evidence in 'contemplation' of a federal investigation. Unlike pre-Sarbanes-Oxley tampering statutes, there need not be an investigation in place or even imminent as a predicate for prosecution. The statute appears to criminalize what was once considered prudence by defense counsel. The mens rea for such crimes is now virtually limitless." With a new report this week by Associated Press writer John Christoffersen, Arrest Sparks Worries over Implications of Corporate Law, the case is attracting even wider attention. Christoffersen writes: "The arrest of a prominent attorney on charges of destroying evidence in a child pornography investigation is raising alarm bells that a law targeting corporate accounting schemes could be used to prosecute lawyers over work done on their clients' behalf." He quotes New York University law professor Stephen Gillers, who says: "Every criminal defense lawyer in the country has to be alarmed at the indictment. It's going to upset a lot of assumptions about how lawyers can represent clients. I think this is a boundary-pushing case." And in the Stamford Advocate, reporter Martin B. Cassidy says the case could become a landmark test of SOX and could set a precedent making criminal defense lawyers vulnerable to federal charges. He quotes Mark DuBois, chief disciplinary counsel for the Connecticut Bar Association, who says: "The question is what's evidence and when does something become evidence? How prescient does a lawyer need to be? Now if you guess wrong you've got big problems, because it is a serious crime." Pattis says the charges raise many questions for which he has no answers. "Once again, the law of unintended consequences results in overcriminalization: A law designed to prevent accountants and lawyers from shredding forms has become a tool in child pornography prosecutions. No one will care much about that. But what happens tonight if you find cocaine in your child's bedroom?" Posted by Robert J. Ambrogi on March 6, 2007 at 02:17 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

RODRIGO GONZALEZ FERNANDEZ, SANTIAGO CHILE.

RODRIGO GONZALEZ FERNANDEZ, EN LA ACTUALIDAD DIRIGE DESDE SANTIAGO DE CHILE 46 BLOGS TEMÁTICOS EN LA RED

Va  cubriendo areas muy interesantes como blogempresa, derechoshumanos, vinos, agricultura, mineria , biocombustibles, energía nuclear, OTEC-chile  ( blog privado) ; tabaquismos21, librocomentarios; lawyerschile; derechovirtual; observatoriopolitico; corrupcionchile, defensorpueblo, COLECCIONISMO , chileportal , lobby, teletrabajorg ,blogs y empresas.; cursosycharlas; etc. etc.

En el caso de consultajurdicachile.blogspot.com hoy ya  tiene 2632 entradas a las que hay que agregar otras 2500 entradas de un blog anterior que no se ha podido actualizar más por deficiencias en blogger.com, lo que gace un total de 5.162 entradas . Esto es una cifra muy importante digna de destacar.

Entonces, Rodrigo González Fernández, se ha transformado en un referente noticioso en la blogosfera nacional e internacional  y ha señalado que el objeto es reunir informacion  DE CALIDAD Y CLASIFICADA DE LAS MEJORES FUENTES y opinión en los diversos temas , para luego dictar charlas, cursos, talleres en empresas, organizaciones en Chile y el extranjero.

 

LA ORGANIZACION

SANTIAGO - CHILE

 

 

 

Personal brand: How to be the reference lawyer

Personal brand: How to be the reference lawyer

by Francesc Dominguez

Question by David Schwaninger, lawyer of Küng Rechtsanwälte (Zurich, Switzerland)

 

What distinguishes an excellent lawyer from the rest? His image in the marketplace. Talent alone is not enough. Perception decides. It attracts new clients to you or drives them away. You probably know cases of qualified lawyers who do not have access to specific business, even their own clients’… Seek the motive in the client’s perception of you.

If you want to leverage opportunities, manage your personal brand, your image in the marketplace, with care.

Keys to successful personal brand

1. Be specialized. Increasingly more clients are seeking specialists. Specialisation will be a way for you to be more efficient, gain calm and be likelier to be the reference in your target market. Focus on knowing what clients consider is valuable. Make sure they realize that you understand and worry about their problem. It is the best way to gain their confidence. Choose your clients and find out how to attract them. If you wait for them to come to your office, you will let your clients define your professional life. You will lose opportunities.

2. Know yourself. Be honest: define your identity on the basis of what you are, not on what you believe clients expect of you. Know and take advantage of your virtues. Identify your main values. They will carry you to success if they are compatible with those of your clients and office partners. Be flexible and creative with them. Brands communicate and sell values, personalities that clients can relate to. Harmonize your brand with your values. Do not be afraid to find out what image your partners have of you. Ask them for feedback on your work (virtues and aspects to improve). Ask them to describe you in two words. Define yourself in two words also. You will know the best selling points of your brand. Then work on them and they will make you stand out in the crowd.

3. Improve. Gain self-esteem. Be aware that you are the best option for your clients. Give and you will eventually receive. Make promises that you can keep. Ask the key question: “What do I want?” This question will guide you to obtain results. Find answers to other questions as well, such as: “What do I do better than other lawyers? “How do I stand out?”, “Do clients value it?”, “Why should clients hire me rather than other lawyers?” Take care of details with clients. They are essential. In my case, for example, I see or call each client at least once a week.

4. Strategy. Plan an easy, but systematic and consistent, personal brand strategy. Know what direction you want for your professional life and define positive objectives to reach it.

5. Projects. Get focussed on projects. Delegate or outsource tasks as much as you can. Make the most of your time: concentrate on two or three exciting projects per year. You will gain knowledge and market value. A project could be a legal practice from a small city that also specialises and stands out from all the other practices that do not specialise. Another project could be the opening of a permanent office in a foreign country.

6. Visibility. Carry out very selective activities in order to promote your credibility and prestige. It is a type of activity you can do regardless of the geographical location or the size of your law firm. For example:

— Publish a brief book with a prestigious publisher for potential clients. For example, I got a book published for a client who had the smallest office, a solo lawyer who knows how to work with alliances. It is an innovative book, published with one of the most prestigious publishing houses in his country, targeting potential clients of the lawyer. At first, the client doubted that a prestigious publishing house could publish a book by him, an individual office. This is why he had never published books or articles with a major publishing house.

— Chat on prestigious forums, if possible without sharing space (competence) with other professionals.

— Take an important position with communication potential in an organization where you can further develop your communication skills.

— Establish effective alliances with other professionals or law offices.

— Take advantage of contacts. There is an evident difference between client cards that merely occupy space in a card case and client cards that actually create business opportunities.

7. Communicate well. When communicating, try to concentrate on a single idea. Explain yourself concisely: five seconds will suffice to tell the client the benefits he can receive from you. My brand promise, for example, is “competitiveness for professional services”. Support your brand promise with different arguments.

8. Coherence. Make sure that your objectives, strategy, actions and conduct are consistent with each other and with your own values.

9. Persistence. To obtain a powerful personal brand you will need to have clear ideas, determination and perseverance.

10. Act. Move from thought to action.

 

© 2006, Francesc Dominguez, Marketing Consultant, co-Author of the book El marketing jurídico [Law Marketing}. www.francescdominguez.com. Advice page published in Economist & Jurist (December 2006-January 2007).

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

Fw: Tom Peters Times - March 2007

 

----- Original Message -----

From: Tom Peters

To: rogofe47@hotmail.com

Sent: Friday, March 02, 2007 7:40 PM

Subject: Tom Peters Times - March 2007

·   See Tom Live in Connecticut   ·   Leading Multi-Generational Talent   ·   New Addition to the Wow!Store   ·   Cool Friends   ·   Diversity Through the Ages   ·   Banners        Tom Peters Times - March 2007 See Tom Live in Connecticut The Quinnipiac University School of Business in Hamden, Connecticut, is presenting a Business Leadership Forum, and Tom will be appearing along with several other speakers. It is sponsored in part by a friend of Tom Peters Company, the Miller [Insurance] Agency. Space is limited, so act soon if you'd like to attend. To register, go to www.quinnipiac.edu or call 203-582-3766 by March 9. Leading Multi-Generational Talent How can Leaders possibly build a culture that shouts "Great Place to Work!" when it appears that their workforce that spans four generations has so little in common? Today, the Generational Differences can be daunting. From tattoos and pierced body parts of the young Millennials, to stories of D-Day and hip replacements for the World War II Generation - workplace demographics now span four generations. For the first time in modern history, twenty-two year old new grads are working side-by-side with colleagues who are as much as fifty years older than they are. There are bosses of all ages, and it isn't unusual to find Gen Xers supervising employees who are older and have more experience. It's true there are many differences among the four working generations. However, the good news is that there are also important commonalities. At Tom Peters Company, we've found that our clients are successful when they create Best Practices in their workplaces that support these similarities. Similarities among Millennials, Generation X, Baby Boomers, and World War II Generations include: - People of all ages view work as a vehicle for personal fulfillment and satisfaction, not just for a paycheck - Workplace culture is important to all employees. All generations (91%) agree that being trusted to get a job done is the number one factor that defines success. Although 86% of employees said they need to feel valued by their employer to stay happy, only 37% indicated they get such on-the-job feedback - More than 6 out of 10 employees would like their employer to help them with career planning - A large portion of all generations defines success as finding a company they can stay with for a long time - Flexibility is important - 67% of people ranked flexibility as part of their definition of workplace success. Leaders can create a "Great Place to Work" culture by understanding and taking action around these generational commonalities. (Research: Randstad, Raines, Murphy) Dr. Susan Murphy, Principal New Addition to the Wow!Store In the Company of Women, co-authored by Dr. Susan Murphy of the Tom Peters Company, demonstrates how conflicts between colleagues can be transformed into productive working alliances. Today women in the U.S. own 50% of businesses and hold 50% of professional / managerial jobs, and this timely, important book focuses particularly on the unique characteristics that exist among the behavior of women in corporate settings. Offering ground-breaking insights into the meaning of everyday behavior, In the Company of Women draws on the latest research on brain structure, genetics, and socialization to explain the unique challenges and positive opportunities that arise among women working with women. The authors challenge readers to explore their own personalities and behavioral tendencies whiles giving insight into techniques and strategies for building successful relationships. It explains how to keep female-to-female relationships positive whether you are female or male, the manager or a member of the team. Pick up your copy here. Cool Friends Rod Beckström is a successful serial entrepreneur. He's also on the board of Environmental Defense, and co-founder of both the SV2 philanthropy network and Global Peace Networks. Read his Cool Friends interview, where he discusses his recent groundbreaking book on decentralized networks, The Starfish and The Spider: The Unstoppable Power of Leaderless Organizations (coauthor: Ori Brafman). The book contrasts the control-center structure of a spider with the decentralized structure of a starfish to reveal compelling lessons about organizations. Diversity Through the Ages Generational diversity in the workplace is quickening, making it more and more likely to find a wide range of ages in any given organization. In the decade between 1993 and 2003, the number of college graduates increased by 40% ( National Science Foundation) , pouring more and more skilled workers into the workforce. These initiates must not only compete against each other for employment, but also against individuals already in the workforce who have accumulated years of on-the-job experience. As Dr. Murphy states, most generations are in agreement over which job traits they deem important. With the increase in competition for choice positions, how does one—from any generation—set themselves apart enough to secure the job that will make them happy? The answer lies at the core of every organization: Brand. The brand of the organization, of the individual, and how well the two coincide is what differentiates the quality of employment. Those individuals already steeped in the workforce have been building their personal brand throughout their careers. They know their strengths, weaknesses, preferences, and accomplishments. This helps them narrow down where they are more likely to fit and perform well. For the more recent entrants, they have the opportunity (and, in recent years, the inclination) to rapid-prototype how they fit into different workplaces. By "trying out" different realms of employment they not only build their personal brand around a diverse skill set, but also learn first-hand what environments are conducive to their performing well. Building and understanding this personal brand can be difficult, however. It begins with comprehending one's own traits—both positive and negative—and applying them toward projects that showcase the talents that one can provide. Capitalizing on generational differences can be a good place to dig in, as they can highlight changes in what employers previously valued and what commodities are in high demand now. With such variation in the workforce available, being able to stand out as one's own brand has never been more important. Building a brand portfolio is an ongoing process. By paying attention to and keeping track of the constant change in the workforce, one can keep ahead of the pack—regardless of which generation they are in. Nick Adams, TPC .............................!............................. Subscribe at http://www.tompeters.com/your_world/join_the_fray/ (C) 2006 tompeters!company Send this mail to a friend

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FROM LEGAL BLOG WATCH

Scholars Debate: Is Law a Picnic?

Are lawyers unhappy? From a scholarly perspective, one might think the question is right up there with, "Do dogs bite?" and "Is grass green?" But thanks to Jeffrey M. Lipshaw at Legal Profession Blog, we learn that legal scholars are examining the evidence -- and coming to different conclusions.

One recent paper, Young Associates in Trouble, by David T. Zaring of Washington and Lee University School of Law and William D. Henderson of Indiana University School of Law at Bloomington, considers two recent novels about unhappy associates at large law firms in light of available data and empirical studies. They conclude that "firm life is no picnic, and that it can be even less picnic-like the more prestigious and profitable the outfit."

But compare that against the findings of an ongoing study being conducted by Harvard Law School professor David B. Wilkins and the HLS Center on Lawyers and the Professional Services Industry. Called "After the JD," the study is tracking 4,000 lawyers in the first decade of their careers. As reported in the Harvard Law Bulletin, it is discovering that law can be picnic-like, at least in terms of career satisfaction.

"Job satisfaction is one aspect of the responses that Wilkins finds most interesting. According to the study, and contrary to what many believe, there is 'no evidence' of 'any pervasive unhappiness in the profession,' he says—at least not among those who began practicing in 2000. To the contrary, in that group, nearly three-quarters reported being 'satisfied' or 'very satisfied' with their jobs."

Lipshaw references several other sources who contribute further material to the debate, including his wife, an MPH, who advises him with regard to depression among lawyers, "[T]here's no way you can tell ... whether depression-inclined people self-select to be lawyers, or being a lawyer causes or exacerbates depression."

The bottom line, perhaps, is that the evidence as to lawyers' happiness vel non is inconclusive. Which leads Lipshaw to a conclusion of a different sort:

"[A]ll of this to say that we need to be very careful, particularly as law professors, in describing the world as we think it is, and in figuring out how our view of the 'ought' affects it, if that is at all possible."

Posted by Robert J. Ambrogi on March 2, 2007 at 02:34 PM | Permalink | Comments (0)

'Brewing' Trademark Battle on YouTube

What is corporate lawyer Robert Winter, a senior partner with Arnold & Porter in Washington, D.C., doing in a YouTube video? His firm represents Ethiopia in applications for trademark protection. He is using this online video site as a forum in which to argue his case for international trademark protection for Ethiopian coffee.

But why YouTube? His video was posted Jan. 29 as a response to a Dec. 20 video, Starbucks talks about coffee farmers in Africa, in which Starbucks executive Dub Hay (described as head of its coffee team) explains why the company will not sign a trademark agreement with Ethiopia recognizing its rights in its geographic name. To do so, said Hay, would be against the law.

Not so, argues Winter in his video. "In fact, we think it's plain silly," he says. He goes on to explain the concept of a "geographical indication mark" as a trademark and to address the question of why this trademark protection is important to Ethiopia.

Apparently, someone watched. Beneath Winter's video appears a comment, identified as from Matt Murray, who is a communications specialist at Starbucks, which says, in part:

"Since our 1st video was posted, a lot has happened. When we posted that video we felt the information was correct & since we've learned a lot & realized the information about the legality of the trademark was not accurate. Dub & other Starbucks partners recently visited Africa & met with the Ethiopian Govt. We agreed not to oppose Ethiopia's efforts to obtain trademarks for its specialty coffees."

The pursuit of justice is sometimes a slow grind, but thanks to YouTube, Winters, it appears, scored a venti victory.

Posted by Robert J. Ambrogi on March 2, 2007 at 02:33 PM | Permalink | Comments (0)

Lawyers Doing Good: Helping AIDS Orphans

The story from the high school newspaper in Hampton, N.H., republished by The Hampton Union, starts out:

"After high school, most students don't imagine themselves trying to find a cure for AIDS, or sheltering orphans whose parents have died from the disease."

The subject is Hampton High alum Scott Fifer, founder and director of the TunaHAKI Foundation, an organization working to provide shelter, education and medical care to orphans and street children in Tanzania and elsewhere in Africa. But you can rewrite that lead paragraph substituting "law school" for "high school," because Fifer is a lawyer as well -- or at least a recovering lawyer -- and a 1987 graduate of my law school, Boston College, which is how I heard about him. Fifer founded the foundation after volunteering in Tanzania in 2005. He tells Isabelle MacDonald, the high school newspaper reporter who interviewed him:

"Our immediate goal is to build a self-sustaining arts-based shelter for AIDS orphans and vulnerable street kids in the Kilimanjaro region of Tanzania. The TunaHAKI kids are the most well-behaved and hardest-working kids I've ever met. They never dwell on their difficulties, most of which are greater then any you or I will ever know."

Not only is Fifer successful as a humanitarian, he is also achieving notoriety as a Hollywood screenwriter. After law school, he spent five years in New York City at the now-defunct law firm Lord Day & Lord before quitting and moving to Los Angeles. There, he won the Nicholl Fellowship in Screenwriting from the Academy of Motion Picture Arts and Sciences
and went on to write for TV and film. His screenplay, "Twice Upon a Time," was made into a film starring Molly Ringwald, and other scripts of his are in development.

"Now I am juggling two careers, writing for TV and film, and running a foundation to care for orphans in Africa. One career pays for the other," Fifer told the reporter. And he says high school helped him get where he is -- singling out his typing and nutrition classes. As for law school, he doesn't say what role it may have played.

Posted by Robert J. Ambrogi on March 2, 2007 at 02:29 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

FROM LEGAL BLOG WARCH

My First Year at Blog Watch

Exactly one year ago today, I logged my very first post here at ALM's Legal Blog Watch. As I wrote back then, I couldn't believe my fortune at the opportunity to write for Blog Watch, and even a year later, I'm still pinching myself. Writing this column takes me on an awesome roller-coaster ride every week through the numerous offerings of the talented mix of ALM affiliate bloggers and gives me an excuse to track trends in the legal profession, keep current on law-related news and read a good share of the Supreme Court cases that issue each term.   

Sharing a blog with someone as talented and well-written as my co-blogger, Bob Ambrogi, has kept me on my toes, pushing me to match his quality. And our ALM editors have given us free reign here; I've never been taken to task for writing posts that criticize law firms, vendors or bar associations that subscribe to ALM publications or support them by advertising. 

Finally, I'm very grateful to our loyal readers who follow this blog and take the time to submit comments. Please, let me know how we're doing and what kinds of coverage you'd like to see here.    

Posted by Carolyn Elefant on March 1, 2007 at 04:59 PM | Permalink | Comments (0)

Teaching Law Students How to Avoid Burn-Out

Arnie Herz of Legal Sanity is providing a tremendous service to law students by talking to them about how work can be rewarding and meaningful. As Herz points out:

These bright and motivated students likely know the statistics on lawyer attrition. But, they may not be aware of the steps some firms are taking to address this problem through lawyer engagement and experience management.

Herz offers a couple of links on what law firms are doing now to help give associates input into the firm and make them feel valued. For example, he discusses one law firm's  initiative involving upward reviews, where associates have a chance to rate partners. As a result, associates have input into ways to improve the firm as well as an opportunity to voice criticism of partners, so that they can also improve performance. And at What About Clients?, Dan Hull agrees that everyone benefits when junior associates are invited to share their thoughts about their superiors. 

In my view, what Herz is doing is significant. So many new graduates have heard about the downside of law firm life. As a result, they resign themselves to unhappiness, figuring that they'll work as indentured servants for a couple of years to pay off debt and then look for greener pastures. Maybe Herz's efforts will help turn the tide and inspire a new generation of lawyers to demand more for themselves than just money: happiness and fulfillment.

Posted by Carolyn Elefant on March 1, 2007 at 04:56 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

a propósito del calentamiento del planeta

A propósito del calentamiento global y de inoperancia

 

de nuestros gobernantes yo me pregunto

 

 

¿habrá futuras generaciones

 

a las que  dejar en herencia

 

una Tierra sana?...

 

Saludos

Rodrigo González Fernández

Biocombustibles.blogspot.com

from legal blog watch

What Lawyers Are Learning From Airlines

I don't know whether two posts are enough to qualify as "frequent flyers," but the past two weeks have brought a pair of posts identifying the lessons that lawyers can learn from the airlines. After listening to a talk by Dr. Rob Britton, adviser to the chairman of American Airlines, Larry Bodine came up with these lessons for lawyers from the airlines. They include grappling with the issue of concerns over price and distinguishing your firm in customers' minds (who regard airlines and law firm services as generic to some extent). And, the solutions are similar as well, such as offering frequent-flyer programs and a "first class" section for crown jewel clients. 

In the aftermath of the Jet Blue Valentines' Day crisis, I posted here about lessons lawyers can learn from David Neeleman's handling of the situation. The takeaway from my post is that both airlines and lawyers need to take responsibility and apologize for major errors to stand a chance of keeping a client -- and to have malpractice (or business insurance) to pay losses where even your best efforts won't suffice to avert a lawsuit by an upset customer or client.

Posted by Carolyn Elefant on February 27, 2007 at 03:41 PM | Permalink | Comments (0)

Where Are the Women at Web Conferences?

At his home blog, Law Sites, my colleague Bob Ambrogi posts on the exclusion of women from Web conferences. Ambrogi cites a post by Jason Koettke at Law Geek, which examines recent and upcoming Web-related conferences, where the percentage of women speakers ranged from zero percent to 31 percent, with the exception of the upcoming Blogher Business Conference, where all of the speakers are women. 

I'm not sure whether Koettke's informal study results are limited to Web conferences. In my practice area of specialization, energy regulation, I typically find myself as the sole woman on speaking panels. And when there are other female speakers, they tend to be energy consultants or businesspeople, not attorneys. At the same time, there are far more male energy lawyers than female energy lawyers, and I've simply assumed that the conferences that I attend reflect the make up of the practice area rather than some kind of gender bias.

For those of you practicing in more gender-balanced fields -- healthcare, insurance, litigation or such -- do women speak on the panels that you attend? And if not, what's your explanation?

Posted by Carolyn Elefant on February 27, 2007 at 03:39 PM | Permalink | Comments (0)

Firms Hire Nonpracticing Lawyers in Manager and Support Roles

Ron Friedmann posts on a new trend at large firms: use of nonpracticing lawyers as managers. He writes that firms now hire nonpracticing lawyers for jobs such as marketing, e-discovery, knowledge management, professional development and practice support. There are some pitfalls, of course, as Friedmann points out:

Either way, firms must exercise some caution. First, they must “be careful of what they ask for, lest they get it.” For example, some churn in CMO and CIO positions in recent years likely stems from initial excitement followed by balking when the firm learns what’s really involved. Second, they need to consider how to integrate the non-practicing lawyer and any team reporting to him/her. Thinking this through requires a realistic assessment of a firm’s culture and the strength of its caste system. And third, they need to allocate risk fairly between the firm and the new role: negotiate a graceful exit strategy for both the firm and individual if things don’t work out.

I would think that second-class treatment is the biggest impediment to finding and retaining nonlawyers in managerial roles at firms. My guess is that many lawyers at firms would look down on the nonpracticing lawyers, thinking to themselves that the person "couldn't cut it as a real lawyer." Does your firm have lawyers in nonlawyer roles, and if so, how is the firm using these people? And for lawyers currently working in a nonlawyer function, what motivated you to seek out this type of alternate career path?

Posted by Carolyn Elefant on February 27, 2007 at 03:35 PM | Permalink | Comments (0)

Anonymity on the Web: An Oxymoron?

In this post at May It Please the Court, Craig Williams asks whether you can truly be anonymous online. Williams comments on this New Jersey case involving a lawsuit by a former town council member against NJ.com, who posted several anonymous and derogatory remarks about a firefighter involved in litigation against the town. The firefighter filed a subpoena against NJ.com for the identity of the commenter, which the site readily disclosed. The town councilmember sued, claiming that the site violated his privacy rights and failed to comply with proper procedures for disclosing user information in response to a subpoena.

Williams comments that some view this case as a test of whether Internet users will be able to sit behind their monitor and remain anonymous. And he also writes:

The Internet provides a perhaps comfortable feeling that you can sit in front of your computer monitor and no one will ever find out who you are.  Feelings aside, the assumption is far from the truth.  Your particular computer is identified by its own IP (Internet Protocol) address.  Sure, sophisticated users can attempt to spoof IP addresses, but nothing truly works to hide your identity.  Even aside from the technological issues, Internet users have used monikers and other "anonymous" names to hide their identity.  For the most part, those attempts don't work, either.

Is this a matter of caveat emptor, where users ought to remain aware that someone may always discover their identity? Or do Websites and chatrooms and other online fora owe users a duty of confidentiality?

Posted by Carolyn Elefant on February 27, 2007 at 03:33 PM | Permalink | Comments (0)

Pro Ses Get Their Day in the Court of Last Resort

Back in September, I posted on the compelling case of Winkelman v. City of Parma, a 6th Circuit decision barring parents from enforcing their disabled children's rights under the Individuals with Disabilities Education Act (IDEA) unless represented by counsel. And while we'd all agree that parents might be better off with attorneys in these kinds of matters, the sad reality for the Winkelmans was that they couldn't afford the thousands of dollars that this kind of case often costs. Moreover, to add insult to injury, in a related case, the Ohio Bar brought suit for unauthorized practice of law against a dad who succeeded in winning thousands of dollars in educational services for his son in an IDEA action against a school board. I ended my post with the hope that the Supreme Court would grant cert to stop this madness.

The Court did grant cert, and today, the no-longer pro se Winkelmans have their day before the Supreme Court. Scotus Blog previews the arguments here. The Supreme Court won't address the substance of the Winkelman's claims under the IDEA. Rather, the Court will hear the narrow issue of whether parents are aggrieved parties under the IDEA such that they can enforce rights under the statute, as well as whether Congress intended to allow parents to represent their children pro se in IDEA actions. 

What's most interesting to me is that the parents who couldn't afford a lawyer to represent them in a suit against the school district have now secured able representation by Jean-Claude Andre free of charge. Like the Ugly Betty wallflower who loses weight and acquires a glam wardrobe to emerge as a beautiful and desirable swan, the Winkelman's case has undergone a similar transformation, from a spurned stepchild that no lawyer would adopt without a substantial fee to an attractive plum coveted by multiple law firm suitors.   

It's not clear whether the Winkelmans would have embarked on a pro se path had they been able to afford an attorney. And their Supreme Court case, while an important vindication, doesn't do much to address the underlying problem of the cost of pursuing IDEA litigation. While I appreciate the heroic efforts of lawyers like Andre who devote their time (and let's not kid ourselves: Supreme Court litigation is time and labor intensive) at no charge to bringing cases to the Supreme Court, let's not forget that there's a need for resources at the lower level. After all, if the Winkelmans could have afforded counsel at the lower level, the case would never have reached the Supreme Court.

Posted by Carolyn Elefant on February 27, 2007 at 03:31 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile

FROM LEGAL BLOG WATCH

Sunshine and Judge Seidlin

In 1933, Supreme Court Justice Louis D. Brandeis advised, "Sunlight is the greatest disinfectant." True to this notion, Florida is known as the Sunshine State not only for its weather -- it has long been a leader in open government. But when it comes to cameras in the courtroom, does openness serve an injustice?

After watching Judge Larry Seidlin's on-camera antics in the Anna Nicole Smith proceedings, Norm Pattis thinks so. At his blog Crime & Federalism, he says Seidlin singlehandedly rests the case against cameras in the courtroom. "The judge sniveled and emoted like a pro se in traffic court for the cameras today, when he gave the lifeless body of Anna Nicole Smith to the lawyer for her five-year-old daughter."

Pattis is not alone in the belief that Seidlin played to the cameras. The Miami Herald called the judge "something of a national spectacle." The Associated Press described him as "showboating for the cameras." CNN legal analyst Jeffrey Toobin said he let the case meander, "mostly because he seems to enjoy being on television." Any doubts about Seidlin's soft spot for TV were erased when it was reported that he had a demo tape and hoped to audition for his own series. Sure enough, it was revealed over the weekend that CBS offered Seidlin a gig as host of a new Saturday morning feature. (No, not a cartoon.)

Pattis acknowledges that cameras in the courtroom can play an important role  in public education. "But how do we prevent cameras from influencing the proceedings?" he asks, adding, "Does anything go in the Sunshine State?"

Focusing blame on cameras was inevitable, says Mark Obbie at LawBeat.  But to view cameras as the problem is to get it "exactly wrong," he argues.

"[W]e should rejoice in what Florida's open-courts law gave us in this case: a full-on view of the kinds of idiots who can make it onto the bench, even in sizable metropolitan areas like Fort Lauderdale. Seidlin didn't know the difference between 'anecdote' and 'antidote.' But his voters now know the difference between competence and incompetence."

At Bench Conference, Andrew Cohen argues that Seidlin's performance was so unseemly and inappropriate "that the Florida bar ought to immediately launch an investigation into whether he is truly fit to determine the rights and liberties of others." It is probably Florida's Judicial Qualification Commission, not the bar, that should take this up, but that is beside the point. Obbie is right: Cameras should not be on trial -- the judge should be. This man has been on the bench for 29 years. If he is investigated and if he is found to be unqualified, we have cameras to thank, not blame. When sunlight illuminates misconduct, our response should not be to close the blinds.

Posted by Robert J. Ambrogi on February 26, 2007 at 02:33 PM | Permalink | Comments (0)

Gender Bias at the Supreme Court

In 1873, the Supreme Court affirmed the Illinois Bar in denying admission to a woman, explaining, "The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother." We've come a long way in the 134 years since -- or have we?

By way of the blog Empirical Legal Studies comes word of new research showing that women attorneys have less success before the Supreme Court than men. This is true both when a woman argues the case and when women form part of the appellate team. In fact, the research indicates that the higher the proportion of women on the appellate team, the lower the likelihood of success.

Why is this? Two reasons, say the study's authors, political science professors John J. Szmer of the University of North Carolina and Tammy A. Sarver of Benedictine University. One is the "different voice theory," the notion that women "will construct different types of arguments than male attorneys, and the male-dominated U.S. Supreme Court will be less receptive to arguments presented by women attorneys." The second, more troubling reason is that a justice's political ideology is a measure of his responsiveness to women lawyers. The authors explain:

"Conservative justices are significantly more likely to support litigants that are represented by more men. Conservative justices are less receptive to arguments constructed by women."

The dominance of men on the Supreme Court bench makes it impossible to generalize more broadly about the interaction of justice and attorney gender, the authors say. They urge further research examining the role of attorney gender in other courts, "particularly those with more gender diversity amongst the judges." But at the Supreme Court, they conclude, the picture their research draws is "rather grim."

Read their paper and decide for yourself: Have We Come A Long Way, Baby?: Female Attorneys Before the United States Supreme Court.

Posted by Robert J. Ambrogi on February 26, 2007 at 02:31 PM | Permalink | Comments (0)

How to Start a Mediation Practice

One sure-fire shortcut: Win the lottery. It worked for Diane Levin of Online Guide to Mediation, but even lottery dollars get you only so far. There remains that nagging need for new business. So how do successful mediators get started? Thanks to the impetus of lawyer and mediator Victoria Pynchon, we are finding out.

At her blog, Settle it Now, Pynchon recently shared her advice for how to start a mediation practice. Pynchon's post inspired another mediator, Tammy Lenski, to write about how she started her practice. She promises a second post on what she would do differently with the benefit of hindsight. Lenski invited other mediators to share their stories, tagging Levin, who told us of her lottery luck, and Dina Beach Lynch, who has yet to weigh in. Levin, in turn, passed the start-up baton to others, inviting them to share their own stories and advice.

Common themes among these successful mediators: Have a plan. Build a network. Pursue training and experience. Take the plunge.

Posted by Robert J. Ambrogi on February 26, 2007 at 02:30 PM | Permalink | Comments (0)

The User-Friendly Lawyer

Wendy L. Werner is a business and career adviser to lawyers. She is also an award-winning photographer who believes that her ability to see a good picture complements her ability to teach lawyers what they need to see about themselves and their businesses. She pulls together her thoughts on where lawyers lack vision in an article, How to be More User-Friendly, published in the ABA's Law Practice Today. She describes it as "a list of things that lawyers need to do or think about to not just be tolerated by the rest of the world, but to flourish." On her list:

• Talk less, listen more.
• Sharing information with those around you is not a bad thing.
• Know what your colleagues are working on.
• Being rigorous doesn't mean being a jerk.
• Risk is sometimes necessary to find new opportunities.
• If you only spend time with lawyers, you won't know how to talk to juries or clients.
• Lawyers are frequently smart people -- but lots of other people are smart too.
• Diversity is a fact of life. If you want a successful and smart organization, hire and promote a diverse work force.
• Seek opportunities for feedback.
• No matter what your level in the organization, find a mentor, coach or adviser.
• Having fun at work isn't a crime.
• At the end of your life you probably won't say, "I wish I had spent more time at the office."

Read Werner's full article, and perhaps you'll end up more user-friendly.

Posted by Robert J. Ambrogi on February 26, 2007 at 02:26 PM | Permalink | Comments (0)

Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile