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Posts Tagged ‘Click’

Win Without Risking Trial!

17 Mar

( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!

Do you really know how to win before trial?

Lawyers may drag out a case (so they can make more money billing for their time), and many insist on going to trial (which costs even more money).

If you hold the winning cards (the law and facts favor your case) you can win before trial!

Let me explain. The full details you need to know are in my affordable step-by-step Jurisdictionary “How to Win in Court” course, but I can give you a few starting points to convince you of the value of my affordable course and why you should order today … if you don’t already have my popular course!

#1 … There is absolutely nothing in the way of evidence you can get into the record at trial that you cannot get into the record before trial, using your five (5) powerful evidence discovery tools, as more fully explained in my popular and affordable step-by-step 24-hour course.

There are no witnesses you cannot question under oath before trial.

There are no documents or things you cannot get into the record before trial.

There is nothing going to happen at trial that cannot be made to happen before trial.

If the facts are on your side, you can get them all into evidence before trial, using my Jurisdictionary methods.

#2 … There are absolutely no legal arguments you can make at trial that you cannot make before trial using the research and memorandum system my course explains.

If the law is on your side, you don’t have to wait to go to trial to make your legal arguments. You can and should make all your legal arguments before trial the way my popular self-help course explains.

You can quote and cite all the statutes, constitutional provisions, common law doctrine, and court rules that may apply to your case using the research and memorandum system my course explains to make your winning record.

#3 … There is absolutely nothing that can be done at a trial that cannot be resolved in your favor before trial, if you have a winning case (i.e., if the law and facts are on your side).

In a very real sense, the “trying” of your case begins at the filing of the very first pleading and continues through every phase of litigation.

Here are 4 common reasons cases go to trial and why you need my course whether you have a lawyer or not.

  1. They had a lazy lawyer who didn’t do the pre-trial work he could have done.
  2. They had a stupid lawyer who didn’t know how to do the pre-trial work he could have done.
  3. They had a greedy lawyer who dragged out the case to the bitter end to take more money from his client.
  4. They didn’t have a lawyer, and they didn’t know what my popular Jurisdictionary course makes so easy-to-understand an average 8th grader can do it!

Don’t wait for trial to win!Learn from Jurisdictionary step-by-step

Here are a few of the dozens of reasons why you should do all you can possibly do to avoid going to trial:

  1. Trial is uncertain, especially with unpredictable juries or corrupt judges.
  2. Trial is a “think on your feet” exercise that keeps you on your toes, where pre-trial work is slow and steady and lets you work at your own pace.
  3. Trial exposes you to the dirtiest lawyer tricks in a way that failure to react quickly to put a stop to the high jinks of your opponent can be fatal.

If you have a winnable case, win before trial!

There are no questions you can ask at a trial that you cannot ask before trial using interrogatories, requests for admissions, depositions, and subpoenas as explained in my affordable course.

There are no documents or things you can bring to trial that you cannot get into the trial record before trial using requests for production, subpoenas, and depositions duce tecum as explained in my course.

There are no legal arguments you can make at trial that you cannot make more effectively and powerfully before trial using the legal research and memorandum system my course explains.

If you don’t win before trial, you didn’t do what you could have done earlier in the case when you still had lots of time to do it. Trial is crunch time! Not a good place to be, if you can avoid it by winning before trial using the Jurisdictionary “How to Win in Court” self-help course.

I know what it takes to win before trial.

My Jurisdictionary will show you how, too … in just 24-hours … step-by-step!

 

 

 

The Unknown 61.9% of the 99% Placement Claim

11 Nov

Hat tip ATL’s Elie Mystal for the below photo (click to enlarge) from The Dissenter’s We Are the 99 Percent’ Photo of the Day. At The 99 Percent’s Take On Law School Employment Statistics, Mystal writes: Would it be so…

 

And the Winner in ATL’s Shed West Print Era in Academic Law Libraries Photo Caption Contest Is

18 Oct

Having catalogued the total number of volumes, microfilm, microfiche, and titles, this dumpster is hereby accredited. – ABA Details on ATL here. Image suitable for framing in Lexis, Fastcase, Bloomberg Law and Wolters Kluwer executive offices below (click to enlarge)…

 

Social Media Demographics

23 Jul

Flowtown’s infographic on the demographics of the world’s most popular social media sites. Click to enlarge. [JH]

 

NJ Attorney Advertising Committee Rules that a TotalAttorneys WebSite is Misleading

30 Jun

The Committee on Attorney Advertising of the New Jersey Court System issued an Advisory Opinion this week that stated that a Total Bankruptcy web site,  published by TotalAttorneys®, a law firm marketing and services organization based in Chicago, is misleading and in violation of the Rule of Professional  Conduct 7.1 (a) .Download Full Opinion .

The Committee also ruled that the web site was not an impermissible referral service and that Attorneys are not flatly prohibited from paying for advertising on a "pay-per-lead" or "pay per click" basis. That’s good news for TotalAttorneys and other performance-based marketing schemes on the Internet.

The Committee sets out clearly that "Attorney advertising cannot be misleading or omit operative facts." and found that the website did not provide sufficient information to the user and is misleading. 

In this case, the user was directed to only one attorney based on the purchase of exclusive rights to a geographical area. To avoid misleading consumers, the Committee stated, the methodology for the selection of the attorney’s name must be made clear, including the fact that the website limited participation to one (paying) attorney per geographical area. Further, the Committee specified that all requirements to participate in the website must be clearly specified; a full list of participating attorneys must be readily accessible, and the website must inform the user that the attorneys have paid a fee to participate.

It is easy for attorneys to violate their professional obligations and expose themselves to bar sanctions, by ignoring the fine print in their agreements with Internet-based marketing websites.

For example, no less a credible organization as Lexis-Nexis®,  recently launched a direct to consumer web site, called  EZLAW.COM. The website purports to offer wills, powers of attorney and advance directives forms bundled with legal advice for a fixed and reasonable fee. A goal I would heartily endorse.

However, the site seems to suffer from the same issues as the TotalAttorney’s web site when viewed through the lense of the New Jersey Advisory Opinion.

At EZLAW, the site operator provides a mechanism for consumers to assemble legal documents on-line and then make available a network of attorneys to provide legal advice as part of the offered package. In describing its Attorney Network, EZLAW states that:

They are all prescreened by EZLaw to ensure that you get professional, experienced and confidential legal counsel. To be included in our network, attorneys must meet our rigorous 12-point checklist of criteria.

This suggests that EZLAW is vouching for the quality of the qualifications of the participating attorneys, not only whether an attorney has practiced a number of years or maintains a certain level of malpractice, and this could be construed as misleading.

Moreover, the NJ Opinion states clearly that as a form of attorney advertising, " a full list of participating attorneys must be readily accessible," but on the EZLAW web site no list of participating attorneys is to be found.

Moreover the limited representation agreement executed by the client with the law firm is provided by EZLAW on behalf of the law firm, so the client never knows the identity of the law firm prior to entering into an engagement with the attorney. Normally you would expect that the client would enter into a limited retainer agreement directly with the law firm. I never heard of a retainer agreement that wasn’t entered into directly between the client and the law firm. Not in this case.

Click here for a copy of the Representation Agreement between EZLAW and the client.  You decide whether  this agreement is ethically compliant? I am interested in hearing other opinions about this agreement. If you have one. please comment.

So what’s the bottom line? Lawyer’s need to read the fine print. Lawyers need to have a  full understanding of how their ethical obligations apply  to these new Internet-based marketing schemes lest they be caught in a web of disciplinary proceedings that wasn’t part of the bargain. 

 

Political Realist & Combat Veteran Les Rayburn on Fighting Waste and Corruption

22 Jun

Pro-SeBlog.Com Founder “Rabble Rousin'” Rich Bergeron interviewed Les Rayburn recently. Rayburn is a Political Realist and Highly Decorated Combat Veteran serving in every conflict since Vietnam.

Rayburn and Rich discussed how the budget and deficit have practically bankrupted America, focusing on Social issues and spending problems that contribute to the problem. Rayburn’s argument also target how politicians in America have abused their power and need to be voted out by the people.

Noting is getting fixed, and neither side is willing to compromise. How do we fix America? Will we need to think outside the box? Les Rayburn has some great ideas about what needs to be done to get America back to the country it once was.

CLICK HERE TO LISTEN TO THE PODCAST
FIND OUT MORE ABOUT LES AT: http://www.lesrayburn.com

 

What Drives Web Behavior?

11 Jun

The below poster [click to enlarge; download link] proports to illustrate how consumers behave on the Internet. It was provided to the Digital Inspirations blog by Microsoft PR. See Our Internet Routine for comments and a link to a summary…

 

On Creating "Super" Databases: The Wilson-EBSCO Merger

06 Jun

Following up on Mark Giangrande’s And Then There Was One Fewer post, additional details provided by EBSCO including the supplied chart (below; click to enlarge) are available at InfoDocket’s New: Chart Showing How EBSCO and H.W. Wilson Databases Will Be…

 

Future of Legal Education

21 Apr

Last week I was privileged to attend a Conference on the Future of Education, sponsored by New York Law School and Harvard Law School. This conference was the third in a series on this subject. The purpose of this conference is to initiate a conversation among and between law schools on how to make legal education better, cheaper, and faster, as Dean of New York Law School, Richard Matasar frames the issue. Personally, I think that Matasar’s presentation on the problems and prospects for legal education was the best that I have ever heard.

The format for the conference was a series of presentations of very inventive proposals presented by teams of legal educators and other legal specialists, mostly academics, 12 teams in all.

As participants, we each had $1,000,000 to spend as if we were venture capitalist’s listening to start-up pitches.

The team that I was part of actually won the competition, by receiving the most "venture capital" dollars. Credit goes to  Ron Staudt from Chicago-Kent Law School and Marc Lauritsen from Capstone Practice who did the heavy lifting on developing the proposal. The proposed project called for law students in clinical programs to be engaged in the development of "Apps for Justice" that could be used by legal service programs to provide tools for access to justice. The title of the project is "Learning Law by Creating Software"  Click here for a copy of the proposal.

Marc and Ron receiving their $10,700,000 check.

Ron Staudt and MArc Lauritsen

 

DAvid Johnson receiving his venture capital investment

David Johnson from New York Law School won second place for a proposal to create "legal apps" that are games that would be used to teach and learn. The "State of Play" Academy.

Click here for a link to many of the other proposals.

 

 

Online Legal Services: Is It Hype or a New Way of Delivering Legal Services?

09 Apr

We have been evaluating the experience of law firms that have subscribed to our DirectLaw Virtual Law Firm Platform to determine what are the factors that make for success. Subscribers to our service are mostly solo practitioners and small law firms who are experimenting with this new mode of delivering legal services online. We want to share their experiences as we learn from them about what works and what doesn’t work. When we have exemplary examples of success we will develop case studies from which we all can learn.

All kinds of lawyers have subscribed to our DirectLaw client portal which enables the online delivery of legal services:

  • recent law school graduates who can’t find a job and forced to hang out their own shingle;
     
  • lawyers who want to give up on a physical office for one reason or another and want to try working from anywhere, but still see clients face to face when necessary;
     
  • lawyers who think they can copy LegalZoom and get rich quick by simply putting a site up that sells legal forms and documents online;
     
  • lawyers who are in transition because they have been terminated by their law firm employer because of the impact of a constrained economy which is not growing;
     
  • retiring lawyers, with deep experience and expertise, and who want to transition into a part-time practice, rather than give up the law entirely;
     
  • “pure-play” virtual law firms, where the lawyer never sees a client face to face in an office setting or goes to court;
     
  • more traditional law firms, and the experienced lawyers that run them, that want to extend their brand online by adding what we refer to as a “virtual component” or a “virtual law firm platform.”
     
  • Less experienced lawyers who want to compete against older more experienced lawyers with an online service to distinguish themselves from more traditional law firms in their community.

Each of these lawyers see potential in the “virtual law firm” concept acquiring new clients and serving existing clients more effectively.

Almost all of our DirectLaw subscribers hope to acquire new clients by creating a dynamic, and interactive Internet presence that is more than a passive web site, which is no more than an online brochure.

Some law firms are struggling as "virtual law firms" and are not able to generate new clients and new sources of revenues. On the other hand, we know from our own direct experience in running a virtual law firm since 2003, that the concept can work, and our own success in selling automated legal forms directly to consumers through a network of more than 30 legal form websites, indicates that there is real demand for online legal solutions.

So what are the factors that contribute to success?

1. Your law firm web site needs to be findable on the web.

Our analysis indicates that a major cause of failure for law firms trying to market their services online is a poorly constructed front-end website that is not search engine optimized. DirectLaw’s client portal integrates with a law firm’s front end website and it is through the law firm’s web site that the client finds the law firm, and logs on to their own password protected and secure client space.

If the firm’s web site is not findable on the Internet, the site gets little traffic, which translates into no prospects and no new clients. Most lawyers no little about the art and science of inbound internet marketing and the techniques of how to make their web sites findable. Web design firms that create graphically intensive law firm web sites that look beautiful do a disservice to law firms unless the sites they develop are also search engine optimized and the web design firm stresses the importance of  creating new legal content that is practice specific as a magnet for web traffic.

See: Law Firm Web Site Design: Tips and Techniques

2. You need to have a good reputation as a competent attorney in your community with an existing client base if you are going to make it online. There are some exceptions to this rule, but not many.

A major factor that contributes to online success is having a good reputation in a particular area of legal practice. See Case Study

“Pure play” virtual law firms launched by lawyers who can’t quite make it in the real world won’t make it online.

The most successful use of online virtual law firm technology is demonstrated by law firms who already have a successful traditional practice and a base of clients to draw upon. Online law firm technology enhances the experience for existing clients and increases the productivity of the law firm in serving these clients. Word of mouth referral from existing client’s, sends new clients to the law firm’s web site. New online prospects convert to clients because of the credibility of the attorney in the real world, and the potential for a face to face meeting when necessary. The online technology component complements the offline practice, and vice versa. This doesn’t mean that a “pure play” virtual law firm can’t work; it just requires a special type of practice to make a "pure play" business model work. A "click and mortar" law firm model seems to work best, at least during this period of early development of the online legal services concept.

This is a complex subject  that requires more space than can be contained in a single blog post.

For further analysis and discussion of success factors see: Factors That Contribute to the Successful Delivery of Online Legal Services.