By Brian Malcom 

It's not that I don't like microcassette dictation devices, it's just that I hate them.  You never have one when you really want it.  Worse yet, you never have one when you actually need it.

Dictation is becoming a lost art.  Young attorneys are more capable typists, due to exposure to computers from an early age and, believe it or not, chatting with friends. (And your mom said that you were wasting your time chatting with your friends).  Most young attorneys would rather type a memo or letter themselves, rather than dictating them out and giving it to their assistant to type up and then proofread for errors.  Who can blame them?!  Most young attorneys could type up a memo faster than they can dictate and proofread.

But, is it really more efficient in the long run?  Learning to dictate early in your career could allow you to be more productive later in your career.  Dictation also helps you keep a more conversational tone in your writing.

Those who are new to dictation may find it awkward and frustrating at first.  If, however, they stick with it, they will find that they are mastering the art in no time at all.

Digital dictation is beginning to take hold in the legal industry.  There are numerous software programs available to assist an attorney.  IBM and Dragon NaturallySpeaking Solutions are the leaders in the industry.

Smart phones are opening up a whole new market for digital dictation.  Dragon Software seems to be leading the charge.  On the iPhone, Dragon offers a free application for digital dictation using the iPhone.  It is called Dragon Dictation--I know...shocking.

I'm not sure if other PDAs are offering a similar program in their applications store.  If you have found a digital dictation program that you like, feel free to speak up in the comments.

I've been using this application for about a week.  I must say I'm pretty impressed with its capabilities.  It's not perfect, but it gets the job done.  It's also nice to have the software application at my disposal and in my pocket.  In other words, I don't have to carry another device.  This is essential for helping me avoid a "man purse".

A little help in avoiding tendonitis is not too bad either.

Here are some links you might find useful if you are interested in using the Dragon Dictation software:

 - For your computer:  Nuance website
 - Nice reviews of Dragon Dictation:  TUAW, iPhone J.D. and CNET

** Some people have expressed concern about the app "collecting and using" names in your address book.  Dragon responds to those concerns.

"Asked for the ABA’s 2009 Legal Technology Survey Report whether they personally maintain a presence in an online community or social network such as Facebook, LinkedIn, LegallyMinded or Legal OnRamp, 43 percent of respondents answered yes, almost triple the 15 percent positive responses in the 2008 survey." 

Law firms, ever the pioneers, are also starting to catch the wave.  "When asked whether their firms maintain a presence in an online community or social network, only 12 percent of respondents said yes, up from 4 percent in the 2008 survey." 

Here is a graph showing the growth from 2008 to 2009, using the ABA data:    

The most significant growth was in firms with 10-49 lawyers, which jumped from only 1% in 2008 to 7% in 2009. In short, lawyers are on the rise in social media and law firms are not far behind.  YLB asks, Why? 

Here are some reasons Lawyers might enjoy social media: 

• The practice of law is a relationship-based industry, and maintaining old and new relationships is facilitated by Web 2.0.Lawyers spent a lot of time in school, and, hopefully, made a few friends a long the way. 
• Web 2.0 is a great tool to keep up with old school friends.
• Lawyers, and definitely litigators, are often social people that like to interact with others.
• Cheap advertising. 

Here are some reasons Law Firms might need to be on social media: 

• Cheap Advertising.  We are in a recession people.  While advertising budgets get trimmed, Web 2.0 is taking off.  An online presence and a bit of viral marketing can go a long way in getting a firm's name out there.
• Big Brother.  That's right, folks...law firms may be establishing pages to monitor the profiles of current employees, attorneys, and possible recruits.  Everyone knows it, we here at YLB are not afraid to say it.  It makes sense, too.  A law firm's name is its brand and it has to be protected.  If you don't like it, fix your privacy settings.
• Enhanced Client Communication.  While Web 2.0 is not the place for confidential information relating to actual cases or controversies, it is a nice medium for sending out client bulletins, legal alerts, and commentary on recent caselaw.  Clients always like free legal work.  Loyalty is the firm's reward or new clients, if it's lucky.
• Cheap Advertising.  It's so nice I will say it twice.

Web 2.0 is growing in the legal community.  You have been warned. 

By Kathleen Pearson

As reported on Above the Law and Law.com, there is a new trend emerging with incoming associates.   That particular article shows a novel idea several BigLaw firms are trying out – using the first year or two as a true apprenticeship.  New associates will earn a lower salary (if you want to call $100,000 a low starting salary) but not have rigorous billing requirements right out of the gate.  Instead, they will continue classroom style training and shadowing attorneys to really learn how to put all of the theory they learned in law school to practical use. 

One should keep in mind, however, that while BigLaw makes a big news  splash with sky-high starting salaries – which may have been a significant contributing factor to profitability problems, need for deferring start dates, layoffs and apprenticeship models - these associates make up a relatively small percentage of the entire associate pool across the country.   According to NALP, only 23% of incoming associates in the 2007 class made $160,000 while 49% earned less than $75,000.

As YLB has reported in the past, mid-sized and regional firms that did not join the race to the top of the salary stratosphere continue to be better placed in the market and appear to be weathering this legal recession better than their larger, higher-leveraged colleagues.

By Brian Malcom

In these tough times, everyone is looking for ways to save money.  This includes businesses and law firms.  One way to save money is to reduce overhead.  One way to reduce overhead is to work from home.

So, guess what some firms are doing . . . letting lawyers work from home.

Some firms are going even further; they do not even have a physical office.

As the ABA Journal reports, Virtual Law Partners is one such office.  I would say they are based in San Francisco, but they are really based on the web.  They are a self-described web-based law firm.  The lawyers and staff all work “mostly from home.” 

“After being open for 11 months the firm has 40 lawyers, most of whom went to Ivy League law schools and worked at large firms. While a handful of other firms are trying the no-office approach, Virtual Law Partners is at this point probably the largest, with the most large-firm refugees.”

The benefits of working from home are shared by the lawyers and the clients.  “Partners get 65 percent of what they bill and collect as working attorneys.”  “If they also manage a project, they get an additional 20 percent of their collections. The remaining 15 percent goes to firm overhead.”

Clients typically get a well-qualified attorney at a fraction of the cost, when compared to the rates charged by large law firms.

Keep an eye on this trend.  The suit and tie could soon be replaced with slippers and a robe.