Software: The 24/7 Attorney?

Not all people are attorneys but all attorneys are people, at least, until now. The US Justice Department has just approved the use of software to review documents for the Anheuser-Busch NV and Grupo Modelo SAB, a Mexican company.

 

As the governmental agency awaits documents to scrutinize from the two corporate entities, it has given the green light to use software to determine which are necessary for the merger, rather than gaggles of lawyers. Human beings, according to the Justice Department, aren’t irreplaceable when it comes to document review.

 

What’s astounding about this decision is that is changes the long standing practice of firms hiring an army of contract attorneys and legal temps, who over the last decade, average compensation ranging from $25 to $40 per hour. But now, industry experts estimate the cost for clients at just over $1 per document.

Not a Mainstream Phenomenon Yet

 

Though the US Justice Department has approved the use of software to review the documents in this particular case, the practice remains unorthodox. Only a few judges have allowed counsel to use data-review software in litigation, and legal teams remain cautious about incorporating the technology in their practices, though such software can find key entries in literally millions of documents in a fraction of the time.

 

That time honored practice might be changing as companies seek to reduce legal costs when entering into a merger, seek bankruptcy protection, or foray into new ventures.

 

Justice Department officials have requested the beverage companies turn over strategic plans, marketing and pricing information. The agency likewise is asking for competitive data from Constellation Brands, which would purchase certain assets that would available as part of the merger.

In order to fulfill the Justice Department’s request, attorneys for the two companies have identified in excess of a million documents that would have to be reviewed prior to being handed over.

 

Those documents, in part, were manually reviewed after being run through an automated software program, a practice which was approved by the agency’s antitrust division. The process was repeated a number of times until both the companies and the Justice Department agreed that the software was accurately identifying the most relevant documents. The software, developed by kCura Corporation, is a client of the US Department of Justice.

 

After the process was over, the beverage conglomerates delivered hundreds of thousands of documents to Justice Department antitrust investigators who are now reviewing the materials.

That newfangled practice saved the two companies about 50 percent of what it would normally cost to review such a large amount of documents.  “Something that would easily cost three, four, five million dollars, you can do in the range of one to two,” Warren Rosborough told the Wall Street Journal, a partner at McDermott Will & Emery LLP who represented Constellation and Crown Imports.

 

As a result of the document review, Grupo Modelo and AB InBev agreed to sell Grupo’s entire U.S. business to Constellation. The Justice Department has dropped its challenge to the beverage merger, which clears the way for Anheuser-Busch to acquire the 50 percent of Grupo Modelo it didn’t already own.

A Cautious Foray

Though the governmental oversight agency approved the use of software for this merger, it still shies away from outright endorsing the practice, though it uses such technology when reviewing investigative documents internally. Commonly referred to as “predictive coding” the software used by the Justice Department has been leveraged in the past.

 

A spokeswoman declined to comment on the case but said the antitrust division “has worked with parties who choose to use this new technology in complying with the division’s civil investigative requests,” she wrote in an email.

 

Justice isn’t the only government agency using such technology. Both the Securities and Exchange Commission and the Federal Trade Commission have used like software, though those agencies are more guarded about the technology, which is evolving.

 

The Wall Street Journal could not confirm whether or not that the SEC used predictive coding in enforcement matters, as a spokesperson declined to comment on its use. The FTC has approved use of such technology in a case-by-case basis, a spokesman said told the WSJ, but declined to give the news agency any further details.

A Glimpse into the Future of Predictive Coding

 

Though this technology is not yet in widespread use, its popularity is indeed growing, which is due to the fact that court rulings have given legal teams the go ahead in civil cases, in litigation last year.

But experts aren’t convinced of the digital magic. One firm is comparing the results taken from predictive coding and documents produced after human review. “More often than not, you’re trying to learn your case through the documents, and how will we substitute that function of learning from the documents when you’re using predictive coding?” Carla Walworth, a partner at Paul Hastings LLP told the WSJ.

 

Skeptics like Ms. Walworth caution that even though the technology might be able to outpace humans, it lacks the ability to identify key nuances, which could be indispensable to a case.

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Litigation Funding

Litigation financing is a useful resource for attorneys and their clients alike. Being able to tap into legitimate, no-hassle lawsuit funding, plaintiffs can significantly increase their scope of research, discovery, witness preparation, expert testimony, exhibits and everything else required to successfully try a case.

With the rising expenses involved in litigation, such as court costs and other fees, litigation funders are popping up across the nation. Some law firms are establishing themselves as providing legal finance, along with private investors and hedge funds.

This resource is particularly attractive because the funding decision is not based on a plaintiff’s or plaintiff’s counsel credit history, unlike traditional loans made by banks and other lending institutions. Instead, litigation financing is based on the merits of the lawsuit.

About Litigation Funding

There is a significant amount of public confusion about litigation financing and the different between it and legal defense funds as well as loans. First and foremost, is the misconception that lawsuit financing is a loan. In actuality, it is a nonrecourse debt, or monies which are generally secured through collateral and for which the borrower is not personally responsible.

It also differs from legal defense funds because plaintiffs are the largest percentage of parties who receive a lawsuit advance.

Litigation finance is a means for hedge funds and other investors to provide money to litigants in exchange for a cut of any settlements or verdicts. It traditionally has been used to fund personal injury cases but recently has been used to back commercial litigation, as investors seek to make money from betting on lawsuits. –Reuters

Lawsuit funding companies typically grant funds in return for 10 to 15 percent of the settlement or judgment. The good news for plaintiffs is that this type of financing is not reported to the credit bureaus and does not require a monthly payment to the lender. The creditor is only paid after the litigation comes to an end. And plaintiffs which do not prevail typically do not owe the creditor anything.

The industry is still in its infancy, the result of a phenomenon which began in about 1997. Approximately seven years later, in 2004, the The American Legal Financing Association or ALFA, was established as a non-profit corporation. Today, the ALFA represents about 20 litigation financing entities across the United States.

Obtaining Litigation Financing

Unlike taking out a traditional loan, plaintiffs must meet different criteria in order to qualify for litigation financing. Because the funding availability isn’t based on creditworthiness, the process of obtaining lawsuit funding requires the borrower to meet certain standards.

Here’s how to secure litigation financing in order to go through the legal process:

  1. Hire a competent attorney with a demonstrable track record in litigation. Check the state bar, along with your local Better Business Bureau. Ask trusted friends and family members for a recommendation as well. Lawsuit funding companies only make funds available to people represented by counsel.
  2. Ask your attorney to assess your case. Litigation funders generally require the case to be strong and the defendant must possess the ability to pay. For this reason, corporations and other established institutions are preferred rather than private individuals unless those individuals have the means.
  3. Have your attorney review the litigation funding agreement and sign it. Most lenders require the plaintiff’s attorney to sign a separate document, agreeing to the terms of the deal.

Plaintiffs might also be required to submit documentation which puts forth the amount of the damages being sought, the defendant’s scope of liability, and the background of the plaintiff.

Of course, you want to choose a litigation finance company that is professional and has the resources to supply the funds necessary to handle the expenses. For more information about how to best manage your law practice, or to inquire about litigation financing options, contact us at 877-926-4287 or send an email to info@AmicusCapitalServices.com.

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HSA Accounts And Law Firm Employees

HSA accounts are an increasingly popular for small, medium and even large businesses. The reason being is HSA plans aren’t complicated to set-up and have certain tax advantages. By providing employees with HSA insurance, associates and employees have more control over who they can choose as their primary provider as well as other benefits.

 

Law firms can benefit from creating health savings accounts which offer a greater amount of flexibility. By establishing such a benefit program, employees have access to affordable health coverage that includes them in the decision making process about their health care services they receive.

What is a Health Savings Account?

Health savings accounts were first established in 2003 as part of the Medicare Prescription Drug, Improvement, and Modernization Act. The new plan was a replacement for the Medical Savings Account system.

 

Employees can fund their assigned HSA account as much or as little as they want. Contributions can be made on a pre-tax or after-tax basis and the amount employees deposit each month can vary.

 

Employers do not own the accounts and have no responsibility for how employees manage their HSA funds.

 

Seek a plan that suits your employees, your business and your personal goals for the future without focusing entirely on the rate (i.e., price per employee). And, most important, avoid…shopping pitfalls…and you’ll vastly increase the likelihood that you’ll end up with a comprehensive benefits program that will help you retain your top people, attract fresh talent and maintain a healthy level of productivity. –Forbes

 

However, employers can contribute to their employees’ HSA accounts as much or as little as desired. This makes for an ideal solution when seeking a type of group health care plan.

Another advantage is employers are not required to make equal contributions to every employee’s account because different “classes” can be established.

Establishing HSA Accounts for Your Law Firm Employees

When your law practice establishes HSA insurance, it allows employees to pay a small premium because of a higher deductible. The contributions your employees make are tax deductible and funds spent on qualified medical expenses are tax free.

 

Here’s how you can get your law firm employees into health savings accounts:

1      Find a qualified HSA health insurance plan. Enroll your employees into a QHDHP or HDHP, a qualified high-deductible health plan. The Internal Revenue Service sets the guidelines for minimum and maximum deductibles. These amounts change annually and are based on the rate of inflation. Speak with a licensed insurance agent to determine which HDHP you firm qualifies and which HSA plan will best fit your employees’ needs.

2      Enroll employees who elect to participate in the group HSA. Like most other group health plans, your law firm must have a certain percentage of employees participating in order for the group health insurance plan to remain in effect. The good news is, employees who have coverage through their spouse’s health insurance plan do not count against your law practice’s plan when calculating the percentage of participation. By contrast,  most traditional insurance company plans requires at least 75 percent of all eligible employees participate in the group health insurance plan. However, this percentage isn’t universal and does vary based on your state’s laws and the insurance carrier.

3      Set-up accounts for each eligible employee who opts-in to the group HSA. The process can be simplified by mandating every participant to open an account at a particular institution. Employees will receive a checkbook and a debit card that can be used for qualified medical expenses. Access to their accounts will be available online, so each participant will have to set-up an online profile to see their balance, contributions, expenses and more information.

 

For more information about how to best manage your law practice, or to inquire about litigation financing options, contact us at 877-926-4287 or send an email to info@AmicusCapitalServices.com.

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Five Ways To Improve Your Law Firm’s Marketplace Presence

Stagnation in the legal business is a state worse than death, but that’s where you’re headed if you’re not changing and shifting in the marketplace. If you want to survive and thrive in this business you’ll need to improve your law firm’s marketplace presence. Below are six ways to do just that:

  1. Better your best practices. In what areas does your law firm shine? Can you make your strong suits better? Take a look at where your law firm does it best work and make an effort to take it to the next level.
  2. Practice area expansion. Having a niche is good, but there are advantages to practice area diversity. Try to identify thriving practice areas that would be a natural fit for your law firm and consider providing services to those consumers. Don’t have the funding to get the staff you need for an expansion? If an expansion seems lucrative enough, consider using a law firm loan to fund your growth.
  3. Go for top-tier talent.  The best attorneys are worth their weight in gold, but how do you get high quality lawyers without straining your law firm’s finances?  Take a look at promising new law school graduates and junior attorneys who are hungry for advancement.  If you vet thoroughly, you could find a gem in the rough. And if you’re willing to nurture fresh talent, the investment could prove profitable in the long-term.
  4. Level-up your management team. A law firm is only as good as the service it provides and the people managing its business. Reassess your management team. Are they providing your firm what it needs to go to the next level? If not, find a team that has what it takes.
  5. Fire bad customers. Having the right customers is not just a matter of “good fit” it’s also a matter of survival. Good customers respect your time, rarely haggle over fees and usually stay with you in the long-term. On the other hand, bad customers are timewasters, ask for more than what they’re willing to pay for and can be a drain on your firm’s resources. Simply put – get rid of them. Improving your law firm’s marketplace presence depends on it.
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Best Practices For Law Firm Advertising

The Federal Trade Commission (FTC) has released new guidelines for online advertisers. And it would be wise for law firms to heed the advice.  The new recommendations are designed to make company disclosures compatible with emerging technologies, especially social media platforms with limited space or a design that makes it difficult for consumers to see the disclosure. Below are a few best practices law firms should implement when advertising on new media platforms:

Always Include Required Disclosures

If omitting a disclosure will make an ad deceptive or unlawful, you should include the disclosure regardless of a platform’s space constraints. If including the ad and disclosure is impossible, the FTC recommends that you pass on advertising on that platform. But if you’re committed to using a new media device for promoting, consider redesigning your ad so that a disclosure isn’t required.

Make Disclosures Prominent

Necessary disclosures must be of equal prominence as the advertisement. For example, if you’re broadcasting an audio ad, you must include any required audio disclosures at the same volume and tempo.  This rule will also apply to video and written ads.

Use Laymen’s Language

Disclosures in your advertisements must utilize plan language that can be understood by any “reasonable” consumer. To stay within the spirit of this rule, law firms should avoid using legalese that could confuse the consumer.

Forgo Pop-ups

Because many computer programs block pop-ups, disclosure messages embedded in pop-up windows could go unseen by consumers. To avoid this problem, you shouldn’t place disclosures in pop-up windows.  You should also avoid designing disclosures in a way that requires consumers to download special software to view it.

Use Clearly Labeled Hyperlinks

If you’re using a hyperlink that leads to a disclosure message, make sure that it’s clearly and prominently labeled.

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Making Your Global Law Firm Productive and Effective

As the world becomes more global, law firms are following suit. Many stateside law firms have opened international satellite offices in the hope of capturing legal work revenue and bolstering their bottom-line. But what makes a global law firm work effectively and productively? Below are a few elements you’ll need to find success:

Long-Term Outlook

Even if you’ve opened an office in a “hot market” there’s no guarantee that you’ll turn a profit immediately.  Just like with any new office, there are obstacles and setbacks you’ll face in addition to cultural barriers that could cost you money in the short-term.  Make sure you’re prepared for these short-term setbacks by properly financing your new office. If you’re short on cash, consider a law firm loan to fill in the gap.

International Synergy

Make sure you build a line of regular communication between your home office and your international location. To build trust and synergy between all attorneys in your firm it might be wise to have stateside and international lawyer work together on some cases. This collaboration will prevent the satellite office from becoming a separate world of its own. But be careful, you’ll need to allow enough autonomy so that the international office doesn’t feel smothered.

Avoid The Stepchild Syndrome

When you’re rolling out technology and system improvements, make sure that your international office is included. Having access to effective systems and data critical to their jobs will help your international attorneys feel that they’re part of the larger firm.

Respect A Different Perspective

When you open an international office, expect that the views and outlook of those attorneys will influence your firm and don’t be afraid of that change. Setup a system of feedback and make sure you involve your international attorneys in critical decisions that impact the firm.

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Law Firm Best Practices For Creating A Social Media Policy

The National Labor Relations Board (NLRB) has recently ruled that employers may not prohibit employees from making critical statements on social media platforms when those statements fall under the protected speech umbrella. Statements that highlight concerns about work conditions or that are made in an attempt to organize colleagues is considered protected speech. Below are a few social media policy guidelines that will help you avoid running afoul of the rules:

Protected vs. Unprotected Speech

Before creating your social media policy, make sure you understand that the NLRB considers any constructive and collaborative discussion about work conditions protected speech. On the other hand, employee social media posts that are libelous or reveal confidential information is considered unprotected speech.

Get Specific

Your social media policy should provide a detailed description of what is expected of employees.  For example, you might specify that speaking about clients or active cases is prohibited even if identifying information is redacted.  To avoid any confusion, you should also define what “active case” means and provide a timeframe. You might state that active cases are defined as those cases closed no later than six months ago.

Get Guidance

Use your current employee policies and company culture as a guide when creating a social media policy. If your firm has a highbrow reputation to protect, you might ask employees to refrain from participating in uncouth online activity while identifying themselves as an employee of your firm.

Control The Platform

If you want to encourage your employees to use social media, you might provide a company blog or twitter handle for them to use. But be sure to lay down the rules and curate all content.

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Law Firm Financing: Credit Cards vs. Law Firm Loans

Financing is an ongoing concern for law firms, new and established. And the current credit crunch doesn’t make it any easier. That’s why some firms have filled in the money gap by using credit cards – personal and company. But such a plan can have ramifications to the liquidity of the firm and the personal finances of the partners. Below we take a look at how law firm loans offer a superior option:

Significant Cash

When using law firm loans, you get access to a significant amount of cash that would limited if you relied on credit cards. And don’t forget, credit card companies can cut off your supply of financing or reduce your credit limit whenever they feel it’s no longer in their best interests to lend to you.

Protect Your Personal Credit

If you haven’t used a personal guarantee, taking out a law firm loan will not impact your personal credit.  But if you treat your credit card like an attorney loan, your debt-to-income ratio could be negatively impacted making it difficult for you to qualify for future loans.

Protect Company Credit Lines

Using your law firm credit card for litigation costs can also be risky because it ties up money that may be needed elsewhere. Protect your company’s liquidity by using law firm loans instead of maxing out your company credit card.

A Knowledgeable Lender

When using a law firm loan, you’re working with a lender who understands how the legal business works. You’re also building a relationship with a lender who may be willing to finance other legal cases in the future. That type of understanding and future financing just doesn’t happen with credit card lenders because they don’t specialize in funding law firms.

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How To Reduce Law Firm E-Discovery Costs

Expensive e-discovery can easily cut into a law firm’s budget and profits. That’s why implementing a smart strategy for reducing e-discovery costs is the first line of defense for most law firms. Below are a few tips on doing just that:

Cooperate with Opposing Counsel

Require that attorneys meet with opposing counsel to identify what information they hold. Once that’s determined, specify how the opposing counsel should preserve that data and then figure out the cheapest way to collect it.  Meeting with opposing counsel several times throughout the life of a case can have huge cost saving benefits for e-discovery.

Sample Data

Before ordering a collection of data, the attorney should sample the data to determine its quality and estimate how much it will cost to retrieve it.

Do It Yourself

If your attorneys understand e-discovery, you can avoid the costs of hiring an expensive outside consultant and use free and cheap software tools to collect the electronic data. Unfortunately, one drawback of this DIY method is that if an attorney is less than well versed in e-discovery you could end up wasting more time and money.

Limit Data Collection

Attorneys should limit their e-discovery to just the data that’s needed for their case. And when there is a large amount of data needed, only collect the specific amount of data necessary at that time.

Hire Unbiased E-Discovery Firm

If you decide to forgo the DIY method, hiring an e-discovery firm that is unattached to any particular product can save costs. An unaffiliated e-discovery firm will help you find the software tools that will work best for your needs.

Whatever methods you use to reduce e-discovery costs, make sure you implement them early in the life of your case.

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Could Future Law Student Shortage Hurt Your Firm’s Productivity?

There’s a lot of buzz about the drastic drop in law student enrollments across the country, which in the short-term is having a negative impact on law schools. But could a reduction in the number of lawyers have a negative impact on your law firm’s future?

According to an article in the New York Times, law schools are facing a 38 percent decline in law school applicants. And some law schools who’ve been hit the hardest, reducing tuition, firing staff and accepting applicants they would normally reject has been their first line of defense.

After the normal dropout of some applicants, the number of those matriculating in the fall will be about 38,000, the lowest since 1977, when there were two dozen fewer law schools, according to Brian Z. Tamanaha of Washington University Law School, the author of “Failing Law Schools.”

Citing the fact that the internet has made legal knowledge easily accessible, some analysts have praised the drop in law school applications.  But others have pointed out that too much of a drop could leave many law firms ill equipped to tackle emerging and complex legal issues directly related to the rise of technology and the internet. To avoid being sidelined by a shortage of attorneys with important skills, law firms should take the following steps:

  1. Keep an eye out for new laws impacting emerging technologies. Areas such as intellectual property and cybersecurity has created new opportunities for many law firms, but only if they’ve positioned themselves properly.
  2. Invest in growing practice areas. Even if your firm doesn’t have the cash, taking out a law firm loan can help you expand your practice areas and expertise.
  3. Invest in emerging attorneys.  Don’t kill your law firm’s future by cutting your new associate hiring too deeply. Many of the most recent law school graduates will be best prepared to help usher you into new thriving practice areas.

While it’s true that today’s legal market is tough, it will eventually bounce back. By investing in thriving practice areas and talented new attorneys, you’ll be prepared to benefit from the future boom times.

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