Smokeball is a law practice management software with document assembly capabilities. Smokeball has an unusual name, to be sure; but, it actually comes from a famous legal case, which just about every substantive law-loving attorney can appreciate. (I love the smell of precedent in the morning.) Smokeball was founded in 2010 and has been adding useful features for law firms ever since. But, amidst the explosion of interest in legal tech software that has generated since the coronavirus pandemic, Smokeball has made some serious moves, including taking on $30 million in investment in early October to promote its further development and growth. And, with that cash infusion in its back pocket, Smokeball is building on an already impressive foundation, which will be addressed below. Frankly, with all the features already in place, it’s going to be pretty exciting to see what Smokeball will be able to add, moving forward, with new investment funds. Passive Aggressive: Smokeball’s Passive Timekeeping Application Is Smokin’ If law firm attorneys and staff hate manual time tracking – and, honestly, how could they not? – Smokeball includes a native passive timekeeping program that captures user time automatically as tasks are completed. If you’ve not heard of a “passive” timekeeping tool, it is a program that logs time automatically for specific timekeepers within the system by tracking their web-based activities. This solves the problem of contemporaneous timekeeping and allows lawyers to avoid the always-problematic situation that results when attorneys (and other law office timekeepers) have to reconstruct large swaths of time after the fact — which often results in write-offs, and missed billables. The passive timekeeper feature available in Smokeball works for internal Smokeball operations, as well as with integrated software, like Microsoft 365. All such captured time is pending until the user manually finalizes it. Eliminating

The most-read articles on Attorney at Work this year focused on personal technology how-tos, along with law firm management, productivity and profits. Another popular theme: lawyer wellbeing. Or, in 2021 parlance, “me-ssential” advice on why and how to prioritize self-care activities (like sleep) and protect your time. Counting Down the Top 20 of 2021 When 2020 finally ended, we searched for a word to encapsulate the year. “Unprecedented” and “Pandemic” topped the list at dictionary sites, beating out personal favorite “hellscape,” and those themes dominated Attorney at Work’s content. For 2021, “vax” and “vaccine” have achieved word-of-the-year status at The Guardian and Mirriam-Webster, respectively. As Mirriam-Webster says, “For many, the word symbolized a possible return to the lives we led before the pandemic.” Emphasis on the word “possible,” as we spent the year in a strange, slightly unfocused limbo, doing our best to improve our personal workspaces and daily efficiency habits while waiting for definitive announcements on hybrid work and WFH policies — and vaccination requirements. “Vaccine” was also selected word of the year because it has been at the center of debates about personal choice, political affiliation, professional regulations … and so much more. For the business word of the year, Grammarly put forward the following somewhat cringy but apt contenders: “Rethrival,” “communigreat,” “stratiskilled,” “flexpert,” “fur bomb,” “greenhousing,” “jammagabbing,” “blursday (what day is it?)” “spark-tacular,” and “me-ssential,” a word that encapsulates the movement to prioritize self-care and wellness in the workplace. Here, then, are the most popular, spark-tacular posts published by Attorney at Work in 2021, based solely on page views. Thanks to all of our contributors for sharing their expertise (flex and otherwise), creative thinking and support this year. Here’s to your rethrival in the new year. The Top 20 Articles of 2021 Countdown 20. “These are a

Say what you will, but when it comes to effective marketing and business development, how you act matters more than the words you choose. If you spend any time reading lawyer bios (as I do), you will run across characteristics lawyers emphasize to differentiate themselves. Qualities like responsiveness, creativity, writing skills, thoroughness and pragmatism are regularly inserted in LinkedIn profiles and website bios. I’m all for identifying and promoting the things that set you apart from others. However, it’s important to remember that people’s impressions are based on their experiences with you more than on your words. Creating Impressions Through Your Marketing Activities Over the years, I’ve heard a lot of clients and representatives of the community complain about board members who consistently miss meetings, speakers who don’t submit their materials before the meeting or authors who miss due dates. Your marketing and business development activities have the potential to either demonstrate or damage your professional brand. Here are some examples. Proposals or pitches When you have opportunities to get new business, do you: Make an effort to research the entity, individuals and opportunity?Ask the prospect informed questions so you can tailor your response?Answer all the questions that have been asked?Find out the preferred form or format of the pitch or proposal?Meet the deadline? Presentations If you have a speaking opportunity, do you: Pay attention to the organization’s desired topics and formats?Tailor your program to the audience?Respond in a timely way to requests for bios, session descriptions and session titles?Submit your paper or slide deck on time? Board or committee memberships As a leader of a group or association, do you: Show up — and show up on time?Come prepared to the meetings (e.g., read the agenda and prepare materials/information in advance)?Follow through on your assignments? rticles When you are

Recently, a marketing company asked me to take over writing the blog posts for one of its clients, a law firm that specializes in construction law. According to my contact, while their marketers are “quick to learn, they are not legal experts, and our client has made the comment they need to spend more time than they would like to with revisions.” What I thought was, “Duh. You’ve hired a group of non-lawyers to write posts that sound like they were written by an expert in construction law.” What I said was, “It sounds like you have an issue with this client’s expectations.” Outsourcing Your Legal Blog is Not a ‘Set-it-and-Forget-it’ Endeavor It’s impractical to expect third-party marketers to write as if they are lawyers. Just like clients hire lawyers because we can effectively help them with their legal problems, we hire marketers because they have expertise in marketing. They probably didn’t go to law school, and definitely haven’t spent years focusing on any area of law for 40-plus hours a week. Additionally, each legal specialty has its own jargon and rules that are unfamiliar to outsiders. It will take time for even the brightest marketers and copywriters to build up their knowledge base so they can write more efficiently. What to Expect When Outsourcing Your Legal Blog If you want to outsource any aspect of your content marketing — blog posts, social media posts, videos — expect to have an ongoing dialogue with your marketing team. At the beginning of your relationship, your marketing team will need a crash course in your area of law. Here’s my recommendation: As part of the onboarding process, schedule three two-hour meetings with your marketing team. The first meeting will be more of an academic lecture where you will teach your marketing team

In my 25 plus years of recruiting in the legal sector, I have never seen an environment like the current one with respect to recruiting legal talent.  And that’s at every level —partners, associates, management and staff. Demand is high and so are the demands of the candidates. We’re seeing firms pushing the envelope and doing things like: Offering associates in lower-cost markets “New York” salaries plus the ability to work from homeOffering headhunters double their current fee percentage (and we’re not opposed to that!)Increases in referral fees paid to employees who suggest candidates.A large increase in the number of counteroffers by current employers. Rethinking Law Firm Recruitment and Retention As a result, firms should rethink their recruiting and retention strategies in a time of crisis. Here are some suggestions: 1. Articulate the case for your firm. Too often, firms can tell us why they need the person, but often have difficulty telling us why anyone would come. Despite what you may be hearing about today’s market studies continue to show that compensation is not the primary consideration for candidates. As a result, it is incumbent on you to explain the benefits of both your firm generally and the specific opportunity. Along those lines, firms often point to their culture as a differentiator. However, you need to be very specific about the firm culture, using specific examples. And just saying the buzzwords “collaborative,” “collegial” or “entrepreneurial” won’t cut it. 2. Be very specific about your firm’s remote vs. in-the-office policy. Nothing tells candidates more about your culture than your policy concerning returning to the office. It is no secret that most employees want flexibility and most firms are emphasizing that in their policies, but the devil is often in the details. Both with regard to your firm’s general policy and

As one of the newest and most popular social media platforms, TikTok’s user base is growing rapidly. After starting as a place for short-form comedy videos, TikTok has developed into a valuable marketing tool with the potential to reach millions of consumers. Moreover, the virality potential of this platform is unparalleled, so businesses have a greater opportunity than ever to reach vast audiences by leveraging short-form video content. While TikTok presents a great opportunity for law firms to market their services, many attorneys are unsure of how to use the app or whether it is worth the investment. Several attorneys, however, have found success on TikTok, leveraging it to attract traffic to their website and establish a relationship with potential new clients. What Is TikTok? TikTok is a short-form video-sharing app that has reached 1 billion monthly active users since its inception. A major component of its popularity is its ease of use. Most videos are 15 seconds or less and can be crafted easily using a mobile device. Despite being a global app, TikTok emphasizes localized content and in this way is ideal for community building. The app is a hot spot for the millennial and Gen Z audience, with 41% of its users aged 16-24. As the app continues to gain traction, the user demographics are shifting to include older individuals and businesses. With this in mind, it is clear why more and more businesses are turning to TikTok to share their brand and diversify their marketing strategy. The Power of Short-Form Video Content TikTok garnered serious virality in 2020 and 2021, and other social media platforms like Instagram and YouTube have taken note. As more and more platforms continue to shift to quick, short-form content, marketers are beginning to follow suit. It’s clear that short-form video is

Author: Noyonika Nair is a graduate from NLU Jodhpur. She specialises in Corporate Laws. She had worked with Khaitan & Co, Mumbai in the past. The concept of ‘fit and proper’ in corporate laws are just as alluding as the qualifying authority of ‘reasonableness’ in constitutional and administrative laws. The phrase ‘fit and proper’ as an epithet has been employed across commercial laws to provide regulatory oversight and assessment criteria for evaluating inter alia directors and key managerial personnel to ensure that such persons are capable to run the company. In India this criterion has been an object of proliferate use by regulatory authorities like Reserve Bank of India (RBI) and Securities and Exchange Board of India (SEBI). The key idea behind such criteria application is to increase corporate governance standards, and thereby investor protection and economy preservation. One of the key regulations of SEBI which deploy this criterion are Securities and Exchange Board of India (Intermediaries) Regulations 2021 (Intermediaries Regulation). This regulation aims to governs all middlemen in the capital market. Recently, SEBI issued a notification amending the vide Securities and Exchange Board of India (Intermediaries) (Third Amendment) Regulations 2021 (“Notification”). The Notification is effective from the date of its publication in the Official Gazette. Key Changes Key changes introduced to the Intermediaries Regulations are as follows: Application of ‘fit and proper person’ criteria:The ‘fit and proper person’ criteria shall apply to the applicant or the intermediary, principal officer, directors or managing partner, compliance officer and key managerial persons, promoter or persons holding controlling interest or persons exercising control over the applicant or intermediary, directly or indirectly.Principle based criteria for determining a ‘fit and proper person’:In addition to principle based criteria of integrity, reputation, character, absence of convictions/ restraint orders, the Notification has added additional criteria of honesty, ethical

Question: I feel like I did all I could over the last few years to keep my cell number out of clients’ hands. But I think I opened the floodgates when I recently began allowing clients to text me. The convenience factor and desire to modernize my customer service won out, or at least that’s what I told myself. Now that I’ve opened the door to another channel of communication, what ethics pitfalls might come from texting clients? Answer: In previous articles, I’ve focused on ways to successfully use email — “the grand champion of modern-day communication” – as well as try to get lawyers to ditch email for more secure client engagement (read: client portals). But I’m glad to see the topic of text messaging come up. It’s an important reminder of how we can apply the same ethics rules to novel techniques of delivering legal services. In other words, the rules don’t change, just how we apply them. Let’s dig in! Just as I’ve asserted that secure client portals should replace email communication with clients, text messaging should follow the same logical progression for how we engage with clients and store information on attorney-client matters. So, just as you’d take a call from a client on your mobile device, you may likewise fire off an email, text message or instant message. However, while they may offer convenience, are we sacrificing security and embracing potential ethical pitfalls with what may be sensitive information? Four Ethics Considerations for Lawyers Texting Clients Here are four considerations for lawyers to keep in mind when texting messaging with clients: Customer serviceConfidentialityCommunicationDocumentation 1. Customer Service While you’ve asked specifically about texting or SMS communications, many clients use and prefer various electronic communication tools other than email. These can include instant messaging services like Facebook

Do you read books? Of course you do. Maybe you like to escape into James Patterson’s latest thriller or load a beach read into your smartphone for those precious few minutes of downtime. Many lawyers anticipate extended time for leisure reading during travel or while on vacation. Getting Smarter With Nonfiction Leisure Reading Perhaps you read books to improve your lawyering skills. These could be procedural books about topics like negotiation or books about substantive issues that affect your clients. Nonfiction is not a synonym for boring. “Noise: A Flaw in Human Judgment” by Daniel Kahneman, Olivier Sibony and Cass R. Sunstein explains why judges are unpredictable. “The Power of Moments” by Chip Heath and Dan Heath teaches the persuasive importance of story-telling, whether talking to your client, a jury or a CLE audience. Do you handle employment cases, or maybe you’re intrigued by the regular news stories about the treatment of employees in meatpacking plants and Amazon warehouses? The classic “Nickel and Dimed” by Barbara Ehrenreich can provide insight. A search for books about banking regulation referenced “Illicit Financial Flows & Worldwide Money Laundering Practices: White Collar Crimes in 2021” by K.M. Cook. A search for books about environmental regulation brought up “This Changes Everything: Capitalism vs. The Climate” by Naomi Klein as well as “False Alarm: How Climate Change Panic Costs Us Trillions, Hurts the Poor, and Fails to Fix the Planet” by Bjorn Lomborg. Finding books like these can open a window into views you might not otherwise see. What’s That Got to Do With Marketing? Like you, your clients are busy. Unlike you, their reading habits may not uncover books that could provide legal insight for their business or personal life. Moreover, they probably lack the ability to connect the legal dots. They need you to

Is your firm producing the kind of marketing content clients and prospects want to read? If I had a dollar for every panel discussion where a GC admitted to ignoring an important client alert after reading the first or the second one in their inbox, I’d be a very wealthy woman. They’re Called ‘Client Alerts’ for a Reason Having worked in-house at several law firms and as a consultant, I know how long it takes to get a client alert or blog post from concept to first draft, formatting and distribution. Yet, despite legal marketing surveys that show this to be true year after year, very few firms manage to get it right. Client alerts and blog posts should be informative and of particular interest to your firm’s clients. Like a present that arrives days after the recipient’s birthday, the client alert’s impact is greatly diminished if it’s too late or never opened. Improving Your Marketing Content: Tips for Lawyers and Law Firm Marketers So, what’s a lawyer or legal marketer to do? Here are some suggestions to help improve your firm’s content. For Marketers: What’s the difference between a good email subject line and one that gets ignored? Whether you’re emailing the perfect thought-leadership piece or client alert intended for your firm’s clients, you have mere seconds to grab their attention. Marketing pros recommend 50 characters or less in your subject line, but if you’re the marketer, you know that’s not gonna fly with your lawyers. Marketers know that the firm’s clients are too busy to read everything that lands in their inbox, so you need to stand out and get to the point! Start with a compelling subject line. Think “more interesting than boring,” and definitely not “click-bait.” I hope you’ll remember these tips the next time you’re