September 2016

Capital Connection is published monthly for members of the Capital Chapter of the Association of Legal Administrators to provide information for the education and benefit of legal administrators, law office managers, managing partners of law firms, and other law related associations. Capital Connection is not engaged in rendering legal, financial, or tax counseling or advice through this publication.  The contents of all articles, letters, and advertisements published in Capital Connection should not be considered endorsements by the Capital Chapter of ALA nor the opinion expressed therein of any products advertised.   Contributing authors are requested and expected to disclose financial an/or professional interests and affiliations that may influence their writing position. Articles and materials accepted for publication are subject to editing by the editorial team and become property of the Capital Chapter of the Association of Legal Administrators. Links to Capital Connection may not be shared without permission from the Chapter. 
Editor: Jacqueline Moline 
Associate Editors: Paula Serratore; Cindy Conover
​Contributing Editors: Barbara Mannix; Frank Schipani; Cindy Schuler PHR, SHRM-CP; Phil Sultan; Adams & Martin Group; Carmen C. Barboza; Jennifer Tatum; Hilltop Consultants, Inc.; LaVerne Anenia SPHR; Arnold Sanow, MBA, CSP ​​
Newsletter Designed By: Jessica Davis


In this issue:

President's Message

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​I don’t know about all of you, but for me summer certainly flew by, and the fall always brings some routine back to my life. At work, less people are on vacation and at home, my son is back to school.  It is about this time when I look back at all the things I thought I would get done this year and realize I am running out of time.  I also realize that the things that need to get done are getting done.  Some items just keep getting bumped down the list of priorities to the point where I wonder if they need to be on the list at all.
 
I am sure I am not alone struggling with to do lists and organization.  With all the ways we have to keep on top of things - phones, laptops, tablets, etc. - it seems I sometimes find myself sitting down and typing out a to do list, and before I can finish the list - or, heaven forbid, get one item checked off - a good five or six (or a hundred!) more tasks are being added.  Technology is truly wonderful and I am always looking for the next new thing that helps me stay on top of my work and home life.  No matter what system you use it simply comes down to getting the items done. Today I get to check off “President’s Message for September Newsletter" and then add “President’s Message for October" so nope, I have not made much headway today, but tomorrow is a new day.
 
By the time you read this I will be seeing many of you at the Business Partner Appreciation event and at the Trolley Tour.  I hope both events made your to do lists!
​Barbara Mannix

New ALA Capital Chapter Members

Tania Jose
Human Resources Generalist
Powers Pyles Sutter & Verville, P.C.
1501 M. St., N.W.
Suite 700
Washington, DC 20005
tania.jose@ppsv.com
Tracey R. Simpkins
Human Resources Manager
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave., N.W.
Suite 500 East
Washington, DC 20005
tsimpkins@cohenmilstein.co

Members on the Move

Please join us in wishing the following members well in their new positions!
Beth L. Jeffries
Regional Director of Admininstration
Morgan, Lewis & Bockius, LLP
1111 Pennsylvania Ave., N.W.
Washington, DC 20004-2541
bjeffries@morganlewis.com​ 
Christina Albert
Director of Human Resources
Van Ness Feldman LLP
1050 Thomas Jefferson St., N.W.
Washington, DC 20007
cla@vnf.com 

Financial Management Systems

Frank Schipani
Director of Information Technology, Gilbert LLP
Vice President, Business Partner Advisory
Co-Chair, Technology Section

When I speak to law firm CFOs and COOs, I’m finding that many of them are struggling with their financial management systems.  The normal cycle of upgrades every few years is being disrupted by vendor consolidation and changes to vendor offerings.  There are three big companies in the law firm financial software space, Thomson, Lexis and Aderant.  But there are a number of other compelling options as well. 

The overall market continues to be dominated by Elite (Enterprise or 3E) and Aderant Expert.  According to the latest ILTA technology survey, about 60% of responding firms and 91% of firms of at least 150 attorneys used one of those two.  There is much more variety among smaller firms, with Juris, Rippe and Kingston, ProLaw, Omega, Rainmaker, Tabs3 and Orion reported by at least one percent of responding firms. 

Aderant has purchased many smaller packages, such as Omega, Rainmaker and Javelin.  Lexis and Thomson own Juris and ProLaw, respectively.  The big three don’t seem to be giving those acquired products as much attention as their customers would like, and in some cases have ended development of the acquired products.  Thomson is ending development of their Elite Enterprise product and encouraging their customers to migrate to Elite 3E, but many of them are now looking at less expensive alternatives. 

All of this means there are more firms than usual contemplating the future of their financial management system.  Proactive firms are taking a hard look at their needs and the available alternatives, not just accepting whatever their current vendor wants to hand them.  Luckily, despite some consolidation, there is still a great variety of products out there, and chances are more than one will meet our needs.

Each of the smaller market players have their own strengths and weaknesses.  Juris, ProLaw, Omega, Javelin and Rainmaker were once independent but are now part of bigger companies.  This has left some customers wondering how well they will be supported going forward.  Will there be continued product development and support, or will the products eventually be put out to pasture?  Juris continues to be supported and developed by Lexis, and ProLaw is alive and well within the Thomson empire, though it may not get as much corporate love as its Elite siblings.  Rippe and Kingston, Tabs3 (Software Technology, Inc.), and Orion have remained independent companies focused on financial management software. 

My firm used Omega from 2008 to 2014.  Aderant’s Omega acquisition was announced in 2012.  A short time later many Omega employees we had worked with for years left Aderant.  Aderant announced they would no longer develop Omega and encouraged existing customers to switch to another Aderant product.  Maintenance costs continued to rise rapidly and we had little to show for the money we sent Aderant’s way in 2013. 

In 2013 I started engaging with stakeholders around the firm to make the case that we would have to eventually switch.  It was clear to me that Omega would not remain viable for us.  I wanted our firm to be able to choose an alternative and migrate on our own terms.  A firm can easily find itself constrained running a system that they cannot upgrade and then cannot easily run on modern server and workstation platforms. 

By the end of 2013 I had allocated money in my budget for a system conversion and a plan to work with our finance team on the selection process.  The timing worked well for a trip to the LegalTech conference in New York where we could get a quick look at several candidates.  I love using conferences as a way of “speed dating” vendors.  In two short days at LegalTech we met with representatives from Rippe & Kingston, Orion, ProLaw, Tabs3, Aderant, Elite and PerfectLaw, and we quickly narrowed the field to three we wanted to bring in to our office for extensive demos. 

Moving quickly and efficiently through the selection phase was critical to keeping the project on a reasonable timetable.  Scheduling a finance conversion around tax season, year-end processing, and the holidays is already tough.  We knew from our own experience and from talking to the vendors that the actual migration would probably take about four months once we got on our chosen vendor’s schedule.  But we were not the only firm out there wanting to switch away from an Aderant-acquired product, and migration schedules were filling up fast. 

We wanted to make a quick decision, but not a hasty one. It was important to go into the next phase of the vendor selection process having a good idea of what we wanted to achieve.  We worked quickly to put together a requirements list – all the processes and procedures our current finance system had and that we wanted to keep.  We also had a long list of areas for improvement, such as better reporting, better vendor support, and a more user-friendly interface.  And we had some basic guidelines for what capabilities we would want in the future.  We preferred a hosted system as compared to an on premise one.  We wanted eventually to be able to provide dashboards to partners to give them better insight into the performance of their matters.  We figured there would be a good chance we would want to consolidate other practice management functions into the new product, such as conflicts, records and docketing.  This list of wants and needs is of course different for every firm, but having a list is essential to choose the right product.  There is a finite number of choices out there, so comparing your list to the vendors’ ability to deliver can get you down to one or two possibilities pretty quickly. 

Orion and Rippe & Kingston were good matches for our firm.  We made our final selection, checked references and reached out to peer firms within ILTA for additional insight.  When our contract with Rippe was finalized, we made sure to contact Orion by phone to lay out as best we could why we had selected their competitor.  Call me old fashioned, but I think it is very important to show respect and gratitude when vendors put a lot of effort into earning our business.  As anyone in legal technology and administration knows, it’s a small world. 

Then it was on to the scary part – migration.  One of the things we liked about Rippe was their incredibly detailed migration project plan.  We got started on our parts of it right away.  One need was a third party to convert our data to a format the new vendor could use.  We reached out to a few folks and found one who had Omega-to-Rippe experience.  Don’t forget to lean on your peers in ILTA and other professional networks for this step.  Chances are someone has faced your same challenge before or knows someone who has.  The outgoing and incoming vendors are not the only ones capable of converting your data. 

Overall our migration went pretty smoothly.  Many times the biggest problem with a system conversion is messy data, and this is particularly the case with financial data.  Accountants like to have everything add up to the right number at the end, after all!  A test conversion a month before the real one revealed a number of issues that were then corrected in the old system before the final conversion would take place.  If you know you have messy data, you may as well start fixing it now.

We also took steps to ensure that all of our stakeholders were on board with the coming change.  Partners would be happy because they would have capabilities they never had before.  We would continue the use of iTimeKeep for mobile and desktop time entry, so timekeepers who used that platform would not really see any change.  We used the excuse of a system migration to improve our timekeeping firm-wide, working individually with most attorneys to find the most optimal, most accurate time entry process for them that we could. 

And finally, together with the vendor, we meticulously planned every detail of the migration weekend.  To ship the database for conversion I made two copies on two hard drives (encrypted of course) and sent them in two separate overnight deliveries.   I thought about how smart I was for hedging against FedEx losing one of my packages.  Obviously I had temporarily forgotten about the importance of redundant routes until a power outage in Memphis knocked out FedEx’s hub, delaying both packages for several days.  Next time, one goes via UPS!  Luckily we had built in some slack, nothing else went wrong and the migration went well the rest of the way.

A finance system conversion can seem a daunting task, but it doesn’t need to be overwhelming.  Just like with any critical administrative function, you should evaluate available options every few years.  Learn about what other firms are doing and what other vendors offer.  You may discover that you can do more with what you have or that your product is holding you back.  If you do need to migrate, it’s best to be able to plan it out on your own terms.  Gather your stakeholders and spend some time figuring out your current and future needs. 

This article will appear in ILTA’s Financial Management White Paper in October 2016 and is reprinted here with permission. For more info about ILTA, visit www.iltanet.org.

September 2016 Diversity Observances

Cindy Schuler PHR, SHRM-CP
Chief Human Resources Officer, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Co-Chair, Diversity & Inclusion Committee

September 5: Labor Day in the United States. Labor Day honors the contribution that laborers have made to the country and is observed on the first Monday of September.
September 5: The celebration of Ganesha, the elephant-deity.
September 11– 14: Eid Al-AdhaI, “Feast of Sacrifice”, which concludes the Hajj (pilgrimage to Mecca), and is a three-day festival recalling Ibrahim‟s willingness to sacrifice his son in obedience to God.
September 12: The Ethiopian New Year. Rastafarians celebrate the New Year on this date and believe that Ethiopia is their spiritual home.
September 15 – October 15: Hispanic Heritage Month. This month corresponds with Mexican Independence Day, which is celebrated on September 16, and recognizes the revolution in 1810 that ended Spanish dictatorship.
September 28: Teacher’s Day. Taiwan uses this day to honor teachers’ contributions to their students and to society in general. People often express their gratitude to their teachers by paying them a visit or sending them a card. This date was chosen to commemorate the birth of Confucius, the model master educator in ancient China.

The Importance of Diversity and Inclusion in Today's Workplace

Cindy Schuler PHR, SHRM-CP
Chief Human Resources Officer, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Co-Chair, Diversity & Inclusion Committee

The Capital Chapter Diversity & Inclusion Committee recognizes the importance of educating our members on the issues surrounding diversity and inclusion. In today's workplace, we interact with multiple clients and employees from different cultures. Additionally, although Baby Boomers are exiting the workforce, we are currently observing five different generations in the workplace (Traditionalists, Baby Boomers, Generation X, Millenials, Generation Z). In an effort to work together successfully and ensure bottom line success in our workplaces, we must understand what it means to encourage and embrace a culture of diversity and inclusion.  As such, it is essential to continue to educate and reeducate employees from the top down.

In today's market, embracing, creating and supporting a diverse and inclusive environment is critical to attract and retain the best talent. When employees from different backgrounds feel respected and valued for their differences and feel they are contributing to the bottom line success of their firm, the benefits are more collaboration and team play, loyalty to each other and to the firm because employees trust and respect each other, thus creating greater productivity because everyone is working toward a common goal.

The Diversity & Inclusion Committee of the Capital Chapter is committed to providing our members with information and education regarding the important topics of diversity inclusion.  This is why you will see tips, articles, and information regarding monthly diversity celebrations published in our weekly and monthly newsletter.  We encourage your feedback! 

Outfitting Our Untethered Workforce

Phil Sultan
CIO/CFMO, Watt, Tieder, Hoffar & Fitzgerald 
Member of Northern Virginia ALA Chapter
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Watt, Tieder, Hoffar & Fitzgerald made the switch from an all-desktop workforce to a mobile workforce about three years ago.  Our attorneys and paralegals were constantly borrowing laptops from our pool of loaners.  Each time the attorney had to familiarize themselves AGAIN with the laptop they received prior to departure, which was usually last minute.  Obviously this was easier for my tech savvy attorneys and a big challenge for the rest.  Our remote access solution was Citrix and webmail, both were functional but not ideal.
 
The challenge
 
We needed a mobile solution that was fast inside and outside the office, physically light weight.  When in the office it needed to feel like a full sized desktop.   It needed to be easy to use and connectivity needed to be available from anywhere at any time and work as seamless as possible.  Our users needed to be comfortable traveling with the solution.  We wanted the solution to work almost identical inside the office as outside when traveling.  Those were our challenges and goals.
 
Selecting the hardware features and configurations
 
For starters we needed to find a laptop which met all our picky requirements. We experimented with a variety of brands and form factors.   We ultimately custom ordered the laptops to ensure they had all the features we required.  The cost of a custom order versus a standard laptop configuration was minor, but worth the extra money spent.  The only hardware configuration issue we could not find a solution was having a laptop with the high powered cell antenna and a camera built-in.  We sacrificed the camera for a much better triple antenna cell setup.  We felt the importance and frequency of using cellular connection out-weighed the need to be seen. Heck, the camera missing could be solved by a $50 USB camera. We were careful to select the "Chiclet" style keyboard to ensure mobile typing comfort, especially when considering our desire for a small, light laptop.
 
In the office we provided a docking station, hard wired, dual monitors, full sized keyboard, and full size mouse to accomplish the full sized desktop feel. We decided to pay for monthly cellular connections for every attorney and paralegal's firm issued laptop.  Our analysis showed that if only 37% of our billing workforce used their laptop ½ hour more per month due to the added connectively capability we would easily cover the cost.  Not only did we clear the cost of the monthly cellular, but we increased our overall billing.  Over the years we have had several strong snow storms which paralyzed the area, however our billables for the first time in firm history did not equally suffer.
 
The hardware we selected was less than 4 lbs. and was optimized for travel.  It was powerful enough to perform all normal daily tasks, plus anything else the attorney could throw at it.  Our hardware has multiple USB ports, an SD card slot for extra storage, external video capabilities, wired and wireless networking capabilities and the largest built-in battery available (9hr).   The battery life allows our attorneys to fly across the country with battery life to spare.  We carefully tweaked our power setting for offsite travel optimization. 
 
There is an inherent expectation of slowness when working remotely.  We used this perception to our advantage.  We installed Solid State Drives to both make the normal processing MUCH quicker and basically eliminated boot up wait time.  In our non-scientific tests, it appeared that the SSD gave us an overall performance boost of 10X.  I've read several articles which basically agreed with our finding. The laptops boot in only a few seconds.  This gives the user a sense of speed and starts their laptop experience on a positive note.   It also gives the cell or WIFI connection the necessary time to get "settled" before the user starts making demands on it.
 
Preparing employees
 
We had all employees go through a training process which included an intense section on remote working with WIFI or Cell.  During training we set expectation levels in reference to WIFI and Cell connectivity compared to gigabyte in the office.   We encourage our users to practice at home, so when they were on the road they would be comfortable with switching between WIFI and Cell.  One major advantage of this approach was that they would already know their hardware worked at home so they could travel with confidence, knowing their equipment is fully operational. If a problem arose, they knew their laptop worked so they could start the troubleshooting process with their WIFI or Cell connection instead of immediately thinking the laptop was broken.
 
We needed them to understand the wireless technologies not just follow a set of generic instructions. Even instructions with a complex flowchart would not be able to accommodate the variety of obstacles they would encounter.  They needed a good understanding to be successful.  We setup all of our software to work in offline mode all the time. This way the software acted the same whether they were in the office or traveling.  We added remote control software to every laptop so we could "hop" on their computer wherever they were to troubleshoot or support them in any way.  This also gave us insight into connectivity issues.   If we were unable to "see" them from the remote control software, we could communicate that they had no connection to the Internet and needed to rectify that before gaining access to the system. 
 
Connectivity
 
We used Microsoft's Direct Access product combined with Windows 7 Enterprise   Sure it’s a VPN solution; however the VPN connection is created at the point of logging into the laptop versus an extra application which needs to be opened and logged into.   This eliminated several steps and a plethora of mouse clicks for our attorneys and made the entire VPN experience feel seamless.  We nicknamed it "the always ON connection".   Once you are logged into your computer with your network ID, you are immediately connected to all firm resources.
 
Insurance policy
 
We implemented UAC to ensure the programs on the computer stayed consistent and ensure nothing conflicted with our tuned setup.  The biggest complaint we have received is that our laptop setup is not very fun, however in order to keep the laptops healthy we stuck to our UAC guns.  If there was a critical program they needed, we would hop on their computer wherever they were and loaded it for them.  We also have a special UAC user account where the password changes every 2 hours, using a simple PowerShell script.  This special UAC account can be provided to a trusted user to install an approved program themselves.  We implemented email retention rules which helped to keep their local OST files lean.  We also pushed them to save important items in the DMS versus their own email.  We have set retention policies on mailboxes and size limitations.
 
Protect the investment
 
To ensure the laptops were not physically tortured, every employee signed an agreement to take care of the equipment and keep it safe.  The laptops have held up well and negligent behavior has been non-existent.  Of course, we have had some cracked cases and damaged buttons, but overall the conditions of our laptops are still excellent when considered how much our international attorney population travels. 
 
We used bitlocker on every laptop to ensure if they were lost or stolen the echo data stored locally and system access was safe.  We permanently set the keyboard/mouse inactively lock setting to 15 minutes to eliminate the potential malice exposure of our "always ON connection".  If someone left their laptop unattended, it would lock in 15 minutes and be protected by bitlocker if stolen. 
 
In conclusion
 
Overall, the past 3 years with this setup have been a great success.   The system setup is rigid but very stable and performs business tasks extremely well.  Our setup is not fun, but fun was not a priority.  The wide spread availability of WIFI and cellular data connectivity makes the seamless part of the laptop work wonderfully.  Our attorneys and paralegals are almost never disconnected from the office.  I guess that's a good thing… for the firm :o).  Our billable hours have increased and the attorney/paralegal reviews of our setup have been overwhelmingly positive.
 
This article originally appeared in ILTA’s Fall 2015 Peer to Peer magazine titled “Our Mobile Workforce” and is reprinted here with permission. For more info about ILTA, visit www.iltanet.org.

Adams & Martin Spotlight: Purpose, On Purpose
How to make a better team through shared purpose

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​You’ve heard that “teamwork makes the dream work.” But at Adams & Martin Group, legal staffing solutions provider, we’ve learned that the opposite tends to be more effective: “dream-work makes the team work.” A shared purpose (the dream) amongst a team, and across an organization, serves as a powerful motivator and has a positive effect on the entirety of your practice.
 
As a legal department or independent firm, a shared purpose spreads across team members, leadership, and clients & customers, all eager to play a part in something bigger.
 
Money ≠ Purpose. Goals ≠ Purpose.
 
A shared purpose serves as a north star, directing the entirety of an organization, ensuring that everyone is rowing in the same direction. It is the why: why you sit at your desk every day, why your organization exists at all – distinguishing your business in a sea of corporate-ness, your firm apart from the rest.
 
A study by Deloitte found that in organizations with a strong sense of purpose, 73% of employees were engaged, compared to only 24% of employees in organizations without. Harvard Business Review found that 89% of executives stated that a strong sense of collective purpose drives employee satisfaction.
 
However, only 46% report that their organization has a strong shared sense of purpose, while only 38% report that their staff has a clear understanding of organizational purpose and commitment to core values/beliefs.
 
Conscious Capitalism
For law firms, a shared purpose speaks to potential clients, providing a human element in an uncertain situation – building trust before the relationship begins. For legal departments, a shared purpose is communal across a business and transcends to customers and the public.
 
Customers want to be intimately involved with the brands they interact with.
 
Deloitte found that in organizations with a strong sense of purpose, 92% of respondents stated that they had long lasting relationships with clients, compared to only 69% of those in an organization without a strong sense of purpose; while 79% believed that their organization would outperform the competition, compared to 47% without.
 
Defining a Purpose
Whether it’s on an organizational or departmental level, purpose should drive your team. The process of establishing and maintaining a shared purpose remains the same for both.
 
Before defining a purpose, know that employees cannot be encouraged to care about a shared purpose if their basic needs are not met. Employees must have a secure salary, stable job status, safe working conditions, proper benefits, and fair compensation.
 
Define your purpose in tiers: what your organization does for the greater world, what your team does for the organization, and what the individual does for the team. This increases accountability and gives the individual meaning within the purpose.
 
The process is simple: have a conversation. If you are defining an overall organizational purpose, meet with senior leaders. If you are defining it by department or team, meet together and lead the discussion.
 
Work together to define the purpose. Start with: What do we do? And from there ask: Why does it matter?
 
Keep asking Why does it matter? until it feels meaningful. Consider different wordings and angles. Then document it for everyone to see and reference back to.
 
From there, define each individual’s role within the purpose. If employees are having a hard time defining it themselves, it is up to you to aid them and recognize their contributions.
 
Michael Rynowecer, President and Founder of The BTI Consulting Group, identifies 8 key habits of highly profitable law firms. Among them is firm uniformity across offices and practices. Establishing and maintaining a purpose is the essential building block for cultivating uniformity and consistency.
 
Once a shared purpose is defined, every decision should be made with that purpose in mind. This includes hiring decisions, new projects, volunteer endeavors, HR policies, and client communication.
 
It is most important for the conversation about purpose to continue long after it is defined. It must be consciously implemented on a daily basis. Regardless of position, your team and organization will look to you and follow your lead.
 
By implementing and nurturing a shared purpose, you empower the people in all aspects of your firm or business, making their lives better. It is then that employees are eager to return the favor, expanding your business.
 
To read our full White Paper, visit www.rothstaffing.com/client/

August Lunch & Learn: Employment Law Update

Carmen C. Barboza
HR Manager, Hyman, Phelps & McNamara P.C.
Chair, Human Resources Section

On October 18th, the HR Section welcomed Tom McCally for a presentation to not just the HR section, but the chapter at large. Tom’s presentation, Legal Implications of Technological Developments for Employers, focused on the employees’ use of social networks and the risks it poses for our businesses, web accessibility under ADA, and cyber security. As it relates to social networking, on the one hand, we as employers have to be careful not to take corrective action against an employee making disparaging comments about our firms, since this may be considered concerted activity. However, we also have a responsibility to protect our businesses against harassment, breach of confidentially, inadvertent creations of attorney-client privilege, and trademark/copyright infringement, just to name a few. Learning when to take action and what kind of action is crucial. As a best practice, Tom recommends crafting social media policies for our firms that apply on and off the job.

Another hot button topic that was brought to our attention relates to web accessibility and ADA. The Americans with Disabilities Act consists of five sections, one of those being Title III: Public Accommodations. These sections relate to how an individual engages with society. The issue of the ADA’s application to website accessibility has become more common these days. Websites are considered public accommodations, and Title III applies to all places, regardless of size. It is important to ensure that your websites offer an equivalent alternative to those with disabilities. Though there are still no final regulations on website accessibility, we do know that DOJ is very actively involved in getting business to make their websites accessible.

Finally, Tom addressed Cyber Liability, an ever changing topic as we learn about new different ways in which our data can be breached. According to data presented by Tom, the U.S. reported 781 tracked data breaches in 2015. Some of the common ways in which our data can be breached include: hacking, an employee losing a device, or a disgruntled employee disclosing confidential information. There have been significant data breaches as of late, targeting large corporations like Target, Home Depot, and Anthem health insurance. But it’s important to understand that breaches impact businesses of all sizes, and depending on the breach, it could be catastrophic. Tom provided a few suggestions: check with your insurance carrier on whether or not you are covered against cyber liability; if you do not already have one, draft a cyber security policy detailing steps taken to notify clients in case of a breach, employees’ responsibilities while using firm equipment, and the firm’s security measures to safeguard clients’ information. In DC, a business that experiences a data breach must notify affected DC residents as soon as possible. It is important to know what responsibilities we have to our employees and clients in the event of a breach. To date, the majority of the claims have been dismissed because of the inability to establish damages. However, this does not mean that law firms are not at risk.

Each of these topics provoked engaging discussions, where we each had a chance to share what we have done at our firms, what systems we have in place, and what approaches we have taken towards social networking, web accessibility, and cyber security. 

Sustainability Tip of the Month

This month's tip is provided by Silver Business Partner Newmark Grubb Knight Frank

Let’s get back to work better this year!  Provide incentives, such as free parking or company-paid transit passes, for employees who carpool or use public transportation.
​
To find out more about the sustainable site selection process, reach out to Jennifer Tatum at Newmark Grubb Knight Frank at 202-312-5771.

SCAM ALERT: Ransomware Targeting Lawyers

Hilltop Consultants, Inc.

There is a new email attack that is making news, and it has gotten personal for lawyers. It is playing against an attorney’s worst fear — an ethics complaint.
 
The Threat
 
The email which appears to originate from a state’s bar association, has a subject line informing the attorney that they have an ethics complaint filed against them. The “complaint” comes as an attachment to the email. Once the attorney opens the file, the ransomware runs. It will then begin to encrypt every file on the computer, as well as any file that the computer is connected to via the network. The perpetrator will then threaten to permanently destroy all of your files including pictures, documents, databases, and more — unless you pay the ransom. There is no stopping it, there is no “cancel” button. Once this is activated, you can only hope to restore your files from a backup or pay the ransom.
 
Naturally, an email with a subject line of “ethics complaint” from a bar association’s Professional Ethics Division would be extremely hard not to open.
 
Here are some quick tips to help keep you and your firm safe:
 
1. An ethics complaint is never emailed to a firm or attorney, but mailed, according to Professional Ethics Divisions that we have encountered.
 
2. Ensure your firm has a secure backup system in place. The reality of these types of attacks is that the question is not “If” the attack will happen, it is “When it will happen.”
 
3. Educate all of your users inside your firm about this email attack. If anyone opens this type of email, your firm is still at risk.

“First Look” at the ALACC New Community Services Initiative: 4th Quarter

LaVerne Anenia, SPHR
Office Administrator, Millen, White, Zelano & Branigan, PC
Vice President, Community Services

Safe Shores - DC Children’s Advocacy Center
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The community services team has partnered up with Safe Shores for one of our 4th quarter 2016 charity recipients.  Safe Shores is dedicated to supporting and working with child victims of sexual and physical abuse.  Safe Shores coordinates a multidisciplinary team approach to abuse by handling everything from forensic services to family advocacy.  This approach has made a positive impact on the system for children as they make their way through the complex process of reporting abuse.  For more info on the Child Advocacy Model, click here:  http://www.safeshores.org/cac-model.html

In our partnership, we will be able to adopt 100 holiday wish lists of children and their siblings that are receiving support for abuse as well as participate in a holiday wrapping party.  An announcement and call for volunteers will be disseminated to our membership mid-October.  Look out for the announcement so that you can join in helping this very worthy cause.

Language, Words, and Phrases that Destroy Relationships

Arnold Sanow, MBA, CSP
Sanow Professional Development

Certain words and phrases block connections cold and at the same time can make people steaming mad

Here are some tips on language, words and phrases to avoid:

You – If you tell someone “You did this” or “You did that” people get defensive. This is especially true if you use a harsh tone.

Generalizations – Words such as “You Always” or “You Never” also get people defensive.
 
Labels – When you say someone is lazy, has a bad attitude, is careless, unprofessional or stupid it really doesn’t say anything. If you use labels make sure you say specifically what they mean. For example, if you say someone has a bad attitude – you might be more specific and say, “you seem to be late for our meetings.”
 
Moralizing – Be very careful making statements on how things should be done and what is right and proper. These can trigger negative reactions in others.
 
Sarcasm – Although you think you may appear “witty” by being sarcastic, many people may not understand what you are saying and they will get the wrong impression.
 
Threats – Threats will only turn people against you.
 
Jargon – For example if you say something like, “Let me tell you about the XR1432” – 10 minutes later people are still thinking what is the XR1432?
 
Euphemisms – Euphemisms are a nice way of saying something. For example, in a war if the word “collateral damage” is used it means that people are getting killed or if a politician says we are going to have “revenue enhancement”, this means that taxes are being raised. Euphemisms weaken the image and confuse people about what you are really saying. And then once they find out what you are saying they get upset.
 
Slang and Profanity – Many people feel uncomfortable with profanity and it lowers the estimation of you in their eyes.
 
Red Flag words – These are words that irritate people and they will tune you out once they hear them. For example some common words that offend some people include; girl, honey, dear, darling, babe, and many more.
 
Vague or Abstract language – Make sure you are specific when you tell people what you will do. Instead of saying as soon as possible or next week, say I will have it on Tuesday.
 
Overly Complex Words – I would recommend that you keep your language to an 8th grade level. It’s nice to show everyone how smart we are, however, they might not understand the message we are trying to get across. Therefore, use simple and strait forward language.
 
Say NO in a Nice Way – Many people are afraid to say NO because they fear how it will come out and be perceived by others. If said the wrong way, it can make people upset and uncomfortable. To make sure you say NO in a NICE way so that you don’t alienate others and derail relationships try the USA method
 
The U – is Understand
The S – is Situation
The A – is Action/Alternative
 
Therefore, if someone is interrupting you at work, instead of saying in a harsh tone, I’m busy!!, you might say something like, I understand you want to talk with me – by saying this you are acknowledging them --- next I would say, “however the situation is this, I’ve got this report that’s due out at 4:15 today” – by doing this you are giving the other person a reason – and finally I’d say (action) “let’s do this, let’s meet tomorrow at 3:00 or today at 5:00 – this way you are giving an alternative or action. By using the USA method you are keeping the relationship alive instead of pushing someone away from you. 
 
Sex, Politics and Religion – Don’t assume everyone shares your views. Tread lightly when discussing controversial topics.
 
Don’t Take it Personally -  Be aware that many people will use words and language that irritate and annoy you. They don’t know any better. Whatever happens, don’t take it personally. Once we start taking it personally we become abrasive, defensive, and argumentative. Also realize that people may be having a bad day. For example, if the clerk at the post office is a little grumpy, realize that they may have had a fight with their spouse or their mother or father is in the hospital. There are many things going on in people’s lives and they may not be as content as you are.

Arnold Sanow, MBA, CSP is a keynote speaker, workshop leader, facilitator and coach. He is the author of 6 books to include, “Get Along with Anyone, Anytime, Anywhere” and Present with Power, Punch and Pizzazz.” He was recently named as one of the top 5 best “bang for the buck” speakers in the USA by Successful Meetings Magazine.  www.arnoldsanow.com – speaker@arnoldsanow.com  - 703-255-3133 

Administrative Committees

Communications and Media Relations
As members of the Newsletter and Media Relations Committee, Chapter members participate in producing the award-winning Capital Connection. Members gather to brainstorm new ideas for editorial themes for upcoming editions. The newsletter reports Chapter business activities such as Section and Committee news and provides information about upcoming educational and other events. It also includes articles of interest to members and other legal management personnel, collected, authored and/or edited by members of the committee. This committee also works with other legal associations and the media to ensure that ALA and the Capital Chapter are represented in the legal industry. The Newsletter Committee welcomes new members.

Contact: Jacqueline Moline, jam@carmaloney.com; Paula Serratore,pserratore@alacapchap.org

Diversity & Inclusion
The Capital Chapter of the Association of Legal Administrators is a professional organization comprised of administrative managers from private, corporate and government legal organizations in the Washington DC, Northern Virginia and suburban Maryland areas.  ALACC embraces and encourages diversity within the legal profession. We value diversity and those initiatives that promote it and look to partner with affiliated professional legal organizations to advance diversity. We not only strive to raise awareness, but to increase our sensitivity in the area of diversity and more closely reflect the diversity of our community at large. Having a more inclusive and diverse legal community will improve the quality of our organizations workforce and respond to our client’s requirements for diversity. As a committee we are very interested in your thoughts, comments, and suggestions about achieving greater diversity in our Chapter, our profession, and in our firms. 

Contact: Vanessa Partin (Co-Chair), vanessa.partin@kirkland.com; Cindy Schuler (Co-Chair), cschuler@skgf.com 
Salary Survey
The Salary Survey Committee is responsible for maintaining, updating and running the local survey each year. They review the positions listed, the job descriptions, and the benefits questions to ensure that the survey remains relevant to the end users. The members of the committee also promote the survey within the Chapter to stimulate participation. 

Contact: Sheri Shifflett (Chair), cshifflett@saul.com; Emily Christianson (Co-Chair), echristianson@relmanlaw.com
Listserv: finance@lists.firmseek.com


Member Experience
The Member Experience Committee will establish a welcoming environment for new members to be integrated into the Chapter through a formal Ambassador Program. Ambassadors will provide support and guidance to new members through their first 12 months of membership, ensuring new members realize benefits of membership and become ambassadors of the Chapter. 

Contact: Barbara Kernus (Co-Chair), bkernus@gsblaw.com; Cheryl Flynn (Co-Chair), cflynn@wileyrein.com


Educational Sections

Branch Office Administrators
The Branch Office Adminsitrators Section focuses on a broad range of topics of interest to local adminisraotrs who must coordinate with other officees of their firms. The Section's monthly luncheon meetings, held on the second Tuesday of the month, provide a venue for members to discuss issues of common interest, share ideas, and network. Members are encouraged to raise topics and to recommend speakers.

Contact: Jenna Carter (Chair),  jenna.carter@ropesgray.com; Danita Ellis (Co-Chair), danita.ellis@nelsonmullins.com
Listserv: branchofcadmin@lists.firmseek.com


Office Operations Management
The members of the Office Operations Management Section represent a cross section of legal expertise from functional administrators to branch office managers. The Office Operations Management Section (OOMS) meets on the fourth Wednesday of every month to discuss operations related hot topics. We welcome all members to join the section, especially if you are an administrator in a small law office and you have to wear multiple hats. We can provide you with many best practices to run your operation smoothly.

Contact:  Kenia Garner (Chair),  kenia.garner@pillsburylaw.com; Qeyana Hart (Co-Chair), qeyana.hart@bracewelllaw.com
Listserv: ooms@lists.firmseek.com
Intellectual Property (IP)
The Intellectual Property (IP) Section focuses on all aspects of legal management as it pertains to the IP Administrator. The group discusses the complexity of the ever-changing IP environment and how to effectively create and apply IP specific, non-legal procedures in both boutique and general practice firms. 

Contact: Sharon Smith (Chair),  smith.sharon@arentfox.com; Kimberly J. Potter (Co-Chair), kpotter@sgrlaw.com
Listserv: ipadmin@lists.firmseek.com



Small Firm Management
The purpose of the Small Firm Management Section is to provide Administrators of law firms with 35 or fewer attorneys educational opportunities through vendor presentations, idea sharing and open forums specifically designed for those who work in smaller firms. The Small Firm Management Section meets the fourth Tuesday of the month at host law firms.

Contact: Julie Tomey (Chair),  tomey@thewbkfirm.com; Wilmara Guido-Chizhik (Co-Chair), wguido-chizhik@bookoffmcandrews.com
Listserv: smallfirmadmin@lists.firmseek.com



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Finance
Based on member feedback the Capital Chapter has formed a new Finance Section. We are seeking active members to helps us get this group up and running in 2016! As we get started, we will be focusing on what issues members are facing within their firms that we may be able to help address together. Topics may range from reviewing new time and billing systems to tax filings and matter budgeting solutions and anything in between. Your input is needed! Please consider adding Finance section meetings to your monthly educational schedule.

Contact: Andy George (Chair),  andrew.george@finnegan.com; Evan Kettig (Co-Chair),  kettige@gotofirm.com
Listserv: finance@lists.firmseek.com
Human Resources
The Human Resources Section operates as a venue for educational information on global human resources issues.  While the Section is mostly comprised of HR professionals, any member is invited to participate in the meetings which typically take place on the second or third Wednesday of each month.  The meetings feature industry speakers or roundtable discussions on topics such as recruiting, benefits, strategic planning, performance management, career pathing, retention and other matters of interest.

Contact: Carmen C. Barboza (Chair),  cbarboza@hpm.com​; Aryn Blanton (Co-Chair),  aryn.blanton@bracewelllaw.com ​​
Listserv: hr@lists.firmseek.com

Technology
The Technology Section is looking for members to join the group for lively discussions about practical situations we all face daily in the information technology world. With ever-changing IT needs and issues, we will look at our firms' policies and procedures and help develop best practices and speak of the many concerns we all have. Even if you are not in the IT field,  your experiences and opinions will help us in bringing all departments of a law firm together and working on the same page.

Contact: Kenny Mitchell (Chair),  kmitchell@wbklaw.com; Frank Schipani (Co-Chair),  schipanif@gotofirm.com; ​
Listserv: alacaptech@lists.firmseek.com