BARJOURNAL THE QUARTERLY PUBLICATION OF THE MAINE STATE BAR ASSOCIATION MAINEBAR.ORG MAINE

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1 BARJOURNAL THE QUARTERLY PUBLICATION OF THE MAINE STATE BAR ASSOCIATION MAINEBAR.ORG MAINE VOLUME 28 NUMBER 4 FALL 2013

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3 MAINE BARJOURNAL THE QUARTERLY PUBLICATION OF THE MAINE STATE BAR ASSOCIATION MAINEBAR.ORG VOLUME 28 NUMBER 4 FALL 2013 COMMENTARY 176 President s Page by Bill Robitzek Lawyers Are Good. Aren t They? FEATURES 184 Creating Digital Paper With PDF Manipulation Software by Molly Barker Gilligan 190 Search Engine Optimization For The Solo Practitioner And Small Law Firms by Ken Matejka 193 Q&A With ALPS President & CEO David Bell by Laura Churchman DEPARTMENTS 179 Pro Bono Maine 2013 Katahdin Recognition Programs Of The Maine Supreme Judicial Court 188 New Lawyers Section Report by Heidi Pushard 201 MSBA Corporate Patrons 202 Silent Partners: lawyers helping lawyers On the cover: River in Maine with the Colors of Fall season. Copyright: Charles F. McCarthy, Shutterstock.com 204 Jest Is For All by Arnie Glick 207 In The Alternative by Jonathan Mermin 208 Sustaining And Supporting: The MSBA MEMBERS WHO GIVE MORE 209 Classified Advertising Issue editor: Andre J. Hungerford Citation note: According to Uniform Maine Citations (2010 ed.), [a]rticles in the Maine Bar Journal should be cited as follows: Paul Mc- Donald & Daniel J. Murphy, Recovery of Lost Profits Damages: All is not Lost, 24 Me. Bar J. 152 (2009). 210 Beyond The Law: Heather Sanborn by Daniel J. Murphy 214 Advertisers Index: Shopping made easy 215 Supreme Quotes by Evan J. Roth 218 Calendar: KEEPING UP WITH EVENTS

4 President s Page Lawyers Are Good. Aren t They? by William D. Robitzek T he central message I have tried to convey this year to whomever will listen is, lawyers are good. Pretty simple, huh? Not really. The resistance in our communities, and some would say it is growing, is at odds with the concept that the legal system is beneficial and that lawyers play a helpful role in navigating that system. One source of this sentiment is likely that people s contact with lawyers and the legal system is usually in conflict situations, whether family, criminal, or civil disputes. At least one of the lawyers there is likely to be poking and prodding and otherwise making the person s situation unpleasant. And then there is the issue of losing the case because most hearings turn into zero-sum games. We are also painted with the broad brush of the public s dissatisfaction with the legal system generally, with its delays, costs, complexity, and incomprehensibility. Portrayals of the legal system on television and the big screen certainly don t help either. One way we fight this negative stereotype is by doing good in our communities. In the last year I have had the pleasure of speaking with lawyers about the many ways in which they enrich the fabric of our communities. Whether sitting on a library board, acting as a Big Brother or Big Sister, building a home with Habitat for Humanity, or otherwise, lawyers add value to our communities. It is something of which we should be proud and which we can honestly use as a force to combat the negative image. In the context of the legal system itself, Maine lawyers are leaders in the country with the contributions they make to pro bono service and financial contributions to legal aid organizations. Literally millions of dollars worth of legal services are performed for free by hundreds of lawyers around the state. A small number of them are recognized each year through the Katahdin Counsel Program, sponsored by the Supreme Judicial Court. This year more than 140 attorneys were recognized as Katahdin Counsel. But we know that there are many more who choose not to be publicly recognized for their good works. I encourage lawyers I know not to be shy about their contributions, and to make sure the word gets out that lawyers are good people who do good things. On other levels, there are needs that we can meet. For those of us with gray hair, or no hair at all, there are young attorneys who need guidance and mentoring. Some of us older lawyers are the needy ones as well. With the prospect of transitioning out of practice, some of us need support and succession planning, which younger attorneys can provide. You may have noticed the tombstone ad (see p. 205) I have run in past issues of the Maine Bar Journal for lawyers who are thinking of retiring or slowing down, and the offer to try to connect them with attorneys who might be interested in transitioning their practices. The response has been encouraging, and I am glad to say that I have been working with the career-counseling professionals at the Law School to get their graduates out into those communities that need legal support. It is a slow process, as many students are under the misperception that a successful practice cannot exist outside Cumberland County. In a recent meeting with some leaders of the Lincoln County Bar Association, we talked about strategies to infuse new blood into the more rural counties, thereby helping both the legal community there as well as the public. But such efforts only touch indirectly the public s perception that the justice system is not working for them, and that lawyers are the problem. Creative and aggressive efforts must be made to help the public understand that the law is complex, but usually not unnecessarily so given how complex life has generally become, and that they are always better off navigating through their problems with the aid of a competent lawyer. The MSBA has worked this past year to make sure that the Lawyers in Libraries Program emphasized these two points: the law is necessarily complicated; and you are always better off with representation. The justice system works better, smoother, and faster, with competent attorneys helping litigants. Continued work to increase funding for legal aid will assist the representation of those who are at or near poverty levels. But the real nut to crack is those in the working class who do not qualify for free legal help. Many do not realize the affordability of hiring a lawyer (and the potential for a much greater financial disaster caused by self-representation). Many do not realize how to find lawyers. Many do not realize they can hire lawyers, in an unbundled context, and receive help in areas where they must have help. We need creative ideas and an aggressive plan of attack if we want to begin to fix this. It s not an easy fix, but I believe it can be done. 176 maine bar journal fall 2013

5 We represent several choices in Lawyers Professional Liability Insurance Let us tip the scales in your favor when it comes to product selection, experience and service. Call Jeff McDonnell, CPCU or Julie Clewley, Professional Liability Program Administrator today for all your Business, Personal, and Professional Insurance fall 2013 maine bar journal 177

6 P. O. Box 788, Augusta ME Volume 28, Issue No. IV Fall 2013 for advertising, subscription, or submission information, call or , or fax editor Kathryn A. Holub art director Neil F. Cavanaugh advertising coordinator Lisa A. Pare editorial advisory committee Andre J. Hungerford (Chair), David Bertoni, Elly Burnett, Mathew Caton, Miriam Johnson, Jonathan Mermin, Daniel Murphy, Margaret Smith John F. Loyd, Jr., Esq. Eaton Peabody Brunswick, Maine For most of my clients who want to include the University of Maine in their estate plan, planned giving is the cornerstone of their plan. The University of Maine Foundation staff works in sophisticated partnership with me and my clients to help ensure that my clients charitable intentions are realized in a smooth and efficient process. THE UNIVERSITY OF MAINE FOUNDATION planned giving staff is available to help as you and your clients consider establishing scholarships or other endowed funds. Use the Foundation as a resource to help ensure that your clients goals and wishes will be achieved. To learn more, please contact Director of Planned Giving Sarah McPartland-Good, Esq., or Associate Directors of Planned Giving Daniel Willett or Daniel Williams. Two Alumni Place Orono, Maine or Clearwater Drive, Suite 202 Falmouth, Maine or msba board of governors William D. Robitzek (President) Anne-Marie L. Storey (Immediate Past President) Diane Dusini (President Elect) David Levesque (Vice President) Albert G. Ayre (Treasurer) Frank H. Bishop, Jr. (District 3) Stephen J. Burlock (District 9) Eric N. Columber (District 10) Marcia DeGeer (District 4) Susan B. Driscoll (District 1) Peter C. Felmly (District 3) Walter Hanstein, III (District 2) Jason R. Heath (District 8) Courtney Homan (District 3) Phillip E. Johnson (District 6) Stephen D. Nelson (District 11) Daniel Nuzzi (District 5) Chet Randall (Public Service Sector) Warren C. Shay (District 7) Lendall L. Smith (In-House Counsel) Joy Trueworthy (New Lawyers) staff directors Executive: Angela P. Weston Administration & Finance: Lisa A. Pare CLE: Linda M. Morin-Pasco LRS: Penny Hilton Communications: Kathryn A. Holub Membership Services: Heather L.S. Seavey Production & Design: Neil F. Cavanaugh Maine Bar Journal (ISSN ) is published four times yearly by the Maine State Bar Association, 124 State Street, Augusta ME Subscription price is $18 per year to MSBA members as part of MSBA dues, $60 per year to nonmembers. Send checks and/or subscription address changes to: Subscriptions, MSBA, P. O. Box 788, Augusta ME Maine Bar Journal is indexed by both the Index to Legal Periodicals and the Current law Index/Legal Resources Index- Selected. Maine Bar Journal articles and materials are also available to MSBA members at org and to subscribers of the Casemaker and Westlaw computer legal research services. Views and opinions expressed in articles are the authors own. Authors are solely responsible for the accuracy of all citations and quotations. No portion of the Maine Bar Journal may be reproduced without the express written consent of the editor. Postmaster: send Form 3579 for address corrections. Periodicals postage paid at Augusta ME All rights reserved. Copyright 2013 Maine State Bar Association 178 maine bar journal fall 2013

7 Pro Bono Maine 2013 Katahdin Recognition Programs Of The Maine Supreme Judicial Court T his year, the Maine Supreme Judicial Court honored 142 attorneys participating in the Katahdin Counsel Recognition Program, and three individuals participating in the inaugural year of the Katahdin Law Student Recognition Program. Collectively, these volunteers have provided more than 16,000 hours of pro bono service for their communities. At a conservative estimate of $150 per hour, this represents approximately $2.4 million in free legal assistance. The purpose of the Katahdin Counsel program, the Katahdin Law Student program, and the corresponding recognition events, is to bring public attention to the important role of pro bono legal service in maintaining the civil justice system, and to honor attorneys and law students who have provided 50 or more hours of service during the past year. Six Katahdin Recognition Events were held in Bangor, Machias, Alfred, Augusta, Auburn, and Portland during the month of October to recognize participating attorneys and law students for this outstanding achievement. Attorneys and law students are invited to participate in this program each year. Participation is voluntary, and based on the self-reporting of 50 or more hours of pro bono service during the time period July 1 through June 30 of the corresponding year. For more information please visit the Judicial Branch s website or contact Access to Justice Coordinator Hanna Sanders at Pro bono opportunities can be found by contacting any of Maine s legal aid providers, including the Maine Volunteer Lawyers Project, The Immigrant Legal Advocacy Project, Legal Services for the Elderly, Pine Tree Legal, and Maine Equal Justice Partners. Katahdin Counsel Recognition Ceremony Cumberland County FIRST ROW (l to r): Leslie Silverstein, Victoria Powers, Reade Wilson, Stephen Bither, Kimberly Watson, Janet Britton, Dawn Dyer, Karen Frink Wolf, Hon. Ellen Gorman, Hon. Leigh I. Saufley. SECOND ROW: Hon. Jon D. Levy, William Milasauskis, Daniel Boutin, Andrea Sabin, Susan LoGiudice, Amber Collins, Katherine Malia, Ariel Gamble Ganon, Melanie Haslip-Stevens, M. Kathleen Minervino, Kimberly Pittman, Daniel Snow, Jonathan Dunitz, James McCormack, George Dilworth, Kimberly Richardson. BACK ROW: Riikka Morrill, David McConnell, Nolan Reichl, Michael O Brien, Elizabeth Lancaster Peoples, Maria Jones, David Paris, Matthew Govan, Kelly McDonald, Margaret LePage, Thomas Marczak, Joe Lewis. fall 2013 maine bar journal 179

8 Katahdin Counsel Honoree Stephen Bither, Hon. Ellen Gorman, Hon. Leigh I. Saufley, and Hon. Jon D. Levy. Katahdin Counsel Honoree Janet Britton, Hon. Ellen Gorman, Hon. Leigh I. Saufley, and Hon. Jon D. Levy. Katahdin Counsel Law Students 2013 (UMaine Law Class of 2014) From left to right: Hon. Jon D. Levy, Kimberly Watson, Katherine Mali, Michael O Brien, Hon. Ellen Gorman, and Hon. Leigh I. Saufley. From left to right: MSBA Governor Daniel Nuzzi, and Michael Malloy, 2013 Katahdin Counsel Honoree. Katahdin Counsel Recognition Ceremony Androscoggin and Oxford Counties From left to right: Michael Malloy, Sheldon Tepler, Molly Watson Shukie, MSBA NLS ChairHeidi Pushard, Ted Dilworth, Tom Carey, and Shelley Carter. 180 maine bar journal fall 2013

9 Katahdin Counsel Recognition Ceremony Penobscot County Left to right: Hon. Jon D. Levy, Angela Farrell, Martha Novy-Broderick, Kerry Clark Jordan, Patricia Locke, Hon. Leigh I. Saufley, Roberta Winchell, Cynthia Mehnert, Audrey Bryant Braccio, and MSBA NLS Representative Joy Trueworthy. Katahdin Counsel Recognition Ceremony York County From left to right: Andrea Bopp Stark, Wendy Moulton Starkey, Gary Prolman, Craig Rancourt, Hon. Paul A. Fritzsche, MSBA Governor Susan Driscoll, Walter Smith, Neal Weinstein, Hon. Jon D. Levy, James Smith, Amanda Ramirez, Angela Thibodeau, and Amy McNally. fall 2013 maine bar journal 181

10 Eben M. Albert-Knopp Michelle Allott Jennifer A. Archer Christopher Aslin Stephen D. Bither Daniel W. Boutin Lauri Boxer-Macomber Audrey Bryant Braccio Nicole Bradick Zachary William Brandmeir Janet V. Britton Andrews Bruce Campbell Thomas S. Carey Anne M. Carney Deborah Meier Carr Shelley P. Carter Kerry Clark Jordan Jane S.E. Clayton Amber Collins Eric N. Columber Thomas A. Cox Alicia Margaret Cushing Andrew T. Dawson George T. Dilworth Edward L. Dilworth, III Cynthia J. Dresden Susan B. Driscoll Daniel J. Dubord William P. Dubord Jonathan M. Dunitz Dawn D. Dyer Diane M. Edgecomb Angela M. Farrell Jennifer Ferguson Aaron Fethke Benjamin E. Ford Britta J. Forssberg John P. Foster Dawn R. Gallagher Ariel Gamble Ganon James G. Goggin Matthew Govan Darya I. Haag Brian J. Hansen Melanie Haslip Stevens Jennifer G. Hayden Nora R. Healy Michal Y. Herzfeld Katahdin Counsel 2013 Melissa A. Hewey Kelly M. Hoffman Pamela S. Holmes Lori A. Howell Nathaniel R. Hull Maria V. Jones Douglas S. Kaplan Maureen E. Keegan Christine Kennedy-Jensen Peter J. Landis Joyce Leary Clark Margaret Coughlin LePage David Levesque Geoffrey S. Lewis Joe Lewis Caitlin L. LoCascio-King Patricia R. Locke Susan E. LoGiudice Dennis L. Mahar Jane Makela Michael S. Malloy Robyn G. March Thomas Marczak David B. McConnell James A. McCormack Sarah A. McDaniel Kelly W. McDonald Amy B. McGarry Amy R. McNally Cynthia M. Mehnert Eric M. Mehnert William J. Michaud William A. Milasauskis M. Kathleen Minervino Halliday Moncure Jack Montgomery Victoria Morales Riikka E. Morrill N. Joel Moser Daniel Murphy John E. Nale Thomas J. Nale, Sr. Alice A. Neal Thomas C. Newman Martha Novy-Broderick Stephen J. O Donnell Richard L. O Meara Sean Ociepka Zack M. Paakkonen David Paris Elizabeth Lancaster Peoples Logan E. Perkins Kim Pittman Victoria Powers Robert M. Powers Gary M. Prolman Heidi M. Pushard Amanda E. Ramirez Craig John Rancourt Nolan L. Reichl Kimberly N. Richardson George Royle, V Andreea Sabin Tanya Sambatakos Kimberly B. Scott Keith Gerald Shevenell Molly Watson Shukie Leslie S. Silverstein R. July Simpson Jane Skelton Charles W. Smith James B. Smith Daniel M. Snow Danielle M. Spang Heather A. Staples Andrea Bopp Stark Wendy Moulton Starkey Timothy Steigelman Kelly J. Stevens Patrick Strawbridge Sheldon J. Tepler Angela M. Thibodeau Jennifer E. Thomas Joy A. Trueworthy Anita M. Volpe Neal L. Weinstein David A. Weyrens Russell B. White Heather T. Whiting Caroline Wilshusen Reade E. Wilson Roberta E. Winchell Wenonah M. Wirick Karen Frink Wolf 182 maine bar journal fall 2013

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12 Creating Digital Paper With PDF Manipulation Software by Molly Barker Gilligan O ne tool that should be in every law office is PDF manipulation software. Most features relevant to legal professionals are only available in the paid versions of programs such as Adobe Acrobat (Standard and Professional), Nitro PDF Professional, Foxit PhantomPDF, Nuance PDF Converter Professional, or PDFpen (available for Mac users only). Attorneys generally have at least a passing familiarity with PDFs and Adobe Acrobat because of the free PDF-viewing software, Adobe Reader. Unlike Adobe Reader, PDF manipulation software permits users to create and manipulate existing PDF files, essentially turning PDFs into digital paper. If PDF manipulation software is not already available in your office, you can download a free trial of Adobe Acrobat Professional or Foxit PhantomPDF to identify the features you need and then purchase the appropriate product. 1 PDF stands for portable document format. In the early 1990s, Adobe Systems, Incorporated developed the PDF file format. This format permits users to view documents in a manner independent of the application software, hardware, and operating system used to create them and of the output device on which they are to be displayed or printed. 2 The PDF format allows documents to look the same regardless of whether the document was created from Word or Word Perfect, Excel or PowerPoint, or by a Mac or a PC. Attorneys who practice in federal court are familiar with PDFs because of the federal electronic filing system. United States Court for the District of Maine s Local Rule 5(c), Filing and Service By Electronic Means, requires all documents in civil and criminal cases to be filed as PDFs, using the Electronic Case Filing System (ECF). Other federal courts require filings in PDF/A format which is a standardized version of the PDF specialized for digital preservation of electronic documents. Electronic filing is only going to expand and will eventually require attorneys practicing in all courts to create and manipulate PDFs. Maine s Probate Courts have already begun pilot program for electronic filing. The 125 th Maine State Legislature s Appropriations and Judiciary Committees requested a proposal to implement electronic filing from the Judicial Branch. 3 The report, efiling Maine: Improving Public Service and Access to Justice through Technology, acknowledges that bringing efiling to Maine is a multi-year project that will require careful planning. Although budgetary constraints may delay the process, the benefits of electronic filing and archiving of documents will likely eventually outweigh the detriments. Beyond being a necessity for those in certain practice areas, technological competency is becoming an ethical duty. The ABA s Model Rules of Professional Responsibility state that the requisite knowledge and skill for competent representation includes keeping abreast of changes in the law and the benefits and risks associated with relevant technology. 4 Unfortunately, attorneys are often so busy practicing law that they tend to ignore technology instead of developing basic skills. Corporate clients are beginning to demand core technology competency. For example, Kia Motors audits the technological proficiency of associates in law firms performing work for the company and reduces bills by five percent until the firm passes the audit. 5 In Kia s technology audit, associates are given sample assignments to complete using standard Microsoft software (Word, Outlook, Excel) and Adobe Acrobat Professional. The first assignment is expected to take less than 20 minutes if certain built in functions are used, but over five hours without the functions. Of the nine firms tested, none passed. This not only illustrates how clients are changing the practice of law, but also demonstrates how using basic software features can affect the bottom line by saving money when used properly and wasting money when used poorly. PDFs can be much more than the file format required by a court. A full-featured PDF creation and manipulation program, not simply Adobe Reader, will benefit the management of your practice as well as prepare you for the future where electronic filing will be required in all courts. Regardless of practice area, software like Adobe Acrobat Professional will permit you do just about anything with a PDF that you can with a piece of paper. You can rotate it, move it within a series, annotate it, put a sticky note on it, highlight it, copy it, mail it, fax it, sign it, erase information on it, and so on. PDF manipulation 184 maine bar journal fall 2013

13 software transforms PDF files into digital paper. Adobe Acrobat Professional has long been the gold standard of PDF manipulation software. As discussed above there are other products that are beginning to provide the legal industry specific features that have made Adobe Acrobat Professional the top choice for lawyers seeking a paperless office. Depending upon your needs, a lower cost option may be appropriate but it is important to evaluate software to make sure it meets the requirements of your practice. Legal industry specific features of PDF manipulation software enable lawyers to redact text, Bates number pages, create and number appellate records, and save documents in PDF/A format; some can even function as trial presentation software. As a result, developing more than a passing understanding of the features of Adobe Acrobat Professional or other comparable PDF software programs is essential to any legal professional. The following features are particularly useful in the daily preparation of documents. These examples are all taken from Adobe Acrobat Professional: traditional typewriter, or handwrite the information. The Typewriter tool is found in the Tools pane under the Content menu, by selecting Add or Edit Text Box. 3. Comments List Every time you make a change to a PDF document in Adobe Acrobat Professional, a comment appears in the Comments List panel under the Comment pane. This is an easy way to annotate documents with multiple pages. Using sticky notes, highlighters or even circles and arrows, your changes are recorded and there is no chance that a note stuck to a page will get lost. Comments are also searchable and can be printed out. The Comments List is a great feature for collaboration and revisions and for annotating transcripts if you do not have transcript review software. 1. Converting documents to PDF and PDF/A PDFs look the same no matter what computer you use to view the file. With Adobe Acrobat you can convert text, web pages, spreadsheets, or images to PDFs. PDF format is the preferred way to send documents that should not be changed. Converting a document to PDF also removes much of the metadata. Although there are ways to manipulate the content of PDFs, it is at a bit more difficult to do than in a word processing document. Saving an existing PDF to PDF/A can be done in the File menu by selecting Save As, then More Options, and clicking PDF/A. 2. Typewriter tool Although in Adobe Acrobat X and later versions it is called the Add or Edit Text Box tool, this tool uses the icon of a typewriter. The Typewriter tool allows users to type anywhere on a document and is helpful when filling out scanned or downloaded forms. This enables users to fill out electronic forms on the computer without the need to print the form, use a 4. OCR-ing documents for searching PDFs can be searched for words or phrases. In order to make a document searchable, it needs to be OCR-ed. OCR stands for optical character recognition. OCRing a document makes the words on the page searchable. If the PDF was created from Word or another word processing program, it is automatically searchable. However, if it was created in another way, such as scanning, it is simply an image of the document. By using the OCR function, Adobe Acrobat turns the image into text. While it is not foolproof, and will not recognize text if it is of poor quality or is handwritten, in many cases, this feature is a timesaver. The OCR function is found in the Tools pane in the Recognize Text menu. 5. Insert/Move pages The Page Thumbnails icon on the left side Navigation pane permits viewing thumbnail images of each page of the document. From that view, you can drag and drop pages to rearrange them within the document. You can also move pages from one PDF to another by selecting and dragging a page from one document and fall 2013 maine bar journal 185

14 dropping it in the next. You can also use the function Insert Pages to insert additional pages into a PDF from a file, folder or the clipboard. You can view Page Thumbnails by clicking on the Page Thumbnail icon on the left side Navigation pane. 6. Bookmarks Bookmarks are also found in the left side Navigation pane. Bookmarks are useful for navigating through large documents and for breaking documents into smaller sections. For example, if you receive a PDF of various exhibits, you can avoid scrolling through the entire document each time you need to find a particular item by bookmarking each exhibit. You can view Bookmarks by clicking the blue Bookmark icon in the Navigation pane below the page thumbnails. To add a Bookmark you click on the page in the document you would like to mark and then click on the new bookmark icon in the Navigation pane. 9. Print to PDF There is no need to print a document and then scan it to create a PDF. As discussed above, you can convert a document to PDF, or you can also print to PDF, like you would print to any other printer. For example, if you are reading an article online, rather than printing it on paper, you can print the article to PDF and save it on your computer. If you have annotated a document using Adobe Acrobat, you have the option of printing it with the annotations or without. You can also just print the annotations. 10. Page Numbering/Bates Numbering Once you have arranged the pages in the order you want, you can add page numbers or Bates number the document(s). The Header & Footer tool enables you to number all the pages in a file with a few clicks of the mouse. If you are creating a record and want R to appear before the number you simply add R in the header or footer box before the page number. You can change the font, size and location of the page number and can save these preferences for future use. Bates Numbering is slightly more complex because it offers more options. You are first prompted to choose multiple files and put them in the order you want to Bates number them. You then select where on the page you would like to enter the Bates number and then how the Bates number should read. You can select the starting number, and again the size and font. With these functions, attorneys and staff will never have to hand number pages again. 7. Split Document If you have ever encountered difficulties with ing or efiling a large document this tool makes splitting the document simple. By selecting Split Document in the Pages menu on the Tools pane, your document can be split by size, page number, or even by bookmark. 8. Stamp Users can save an image of their signature as a stamp in Adobe Acrobat. Using this feature, a signature can be affixed to a document and, if the user is sending a fax (using an electronic fax service) or an it can be sent without having to print the document. This increases a lawyer s mobility because letters can be drafted anywhere, digitally signed and then sent to the recipient. Stamp is found in the Comment pane under Annotations by clicking on the Stamp icon. 11. Encryption/Password Protection Attaching a PDF to an is like sending a postcard through the mail: there is the potential for anyone to read it before it reaches the intended recipient. Password encryption of PDFs adds a layer of security and helps preserve the confidentiality of documents. 6 By 186 maine bar journal fall 2013

15 going to the File Menu and selecting Properties, you then choose the Security tab and change the Security Method to Password Security. You can then enter a password of your choice and decide what contents of the document to encrypt and whether a password is needed to open, edit or print the document. It is critical to save the password used to encrypt documents since there is no way to retrieve it if it is lost or forgotten. Molly Barker Gilligan is an attorney and practice management consultant. She can be reached at (207) and at techlawyergy.com. These are all relatively basic features and just begin to skim the surface of Adobe Acrobat s capabilities. If you have Adobe Acrobat Standard or Professional and are looking for additional information, Rick Borstein s Acrobat for Legal Professionals Blog is an excellent resource. 7 PDF manipulation software can save you time and money and better serve your clients. Investing a few minutes searching YouTube 8 for the PDF manipulation software of your choice will turn up videos on everything from basic overviews of the latest version to step by step instructions on using features like Bates Numbering or form creation, and may lead to greater efficiency in performing day-to-day tasks. Digital paper is not a passing fad; skill at creating and manipulating PDFs is necessary for modern legal practice. 1. The latest version of Adobe Acrobat, Adobe Acrobat XI, can be downloaded for a 30 day free trial at A 30 Day free trial of Foxit Phantom PDF for Business can be downloaded at 2. Adobe Systems Incorporated, PDF Reference, 6th Ed: Adobe Portable Document Format version 1.7, at 33 (November 2006). The PDF file format is now open standard, having previously been a proprietary format. 3. Me. Judicial Branch, efiling Maine Improving Public Service and Access to Justice Through Technology (July 2, 2012), me.us/reports_pubs/reports/index.html 4. ABA Model Rules of Prof l Conduct Rule 1.1 cmt 6 (2012). Comment 6 states: [6]To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. Id.. (emphasis supplied) 5. D. Casey Flaherty, Could you pass this in-house counsel s tech test? If the answer is no, you may be losing business (July 17, 2013) ABA Journal Website/ Rebels/ New Normal (visited Oct. 11, 2013). As noted in this article, D. Casey Flaherty, inside counsel for Kia Motors, has partnered with Suffolk University Law School s Institute on Law Practice Technology and Innovation to automate the audit and make it available free to law students and in-house counsel. 6. Encrypting confidential data is one of the salient safeguards Maine counsel should adopt in an effort to satisfy the Maine Rules of Professional Conduct in connection with cloud usage Me. Prof. Ethics Comm n, Op. No. 207 (January 8, 2013). 7. Mr. Borstein s blog can be found at 8. For a complete list of upcoming MSBA Webcasts, go to fall 2013 maine bar journal 187

16 N L S M embers of New Lawyers Section (NLS) continue to be very active in a variety of projects. The NLS is composed of law students and lawyers who have been admitted to the bar within the last five years or who are 35 years of age or under, regardless of their years of practice. The goals of the NLS are to connect new and young laws from diverse practices areas throughout the state and to organize and engage professional development and community service projects. To this end, all committees of the NLS professional development, community service, and social networking have all been hard at work planning various events and activities. Professional Development Committee The NLS Professional Development Committee will be hosting a Brown Bag Lunch this month with Justice Levy we ve left the topic choice to Justice Levy it s bound to be engaging and informative. The Committee is open to suggestions from members of the bar as to topics of interest for all lawyers. They are actively seeking individuals and firms that would be interested in hosting a future Brown Bag Lunch. A meeting place? Ideas? Suggestions? We d love to hear from you! Social/Networking Committee Members of the Social/Networking Committee continue to coordinate a monthly get-together. Gatherings are held on the last Tuesday of each month at 5:30 p.m. at Bull Feeney s in Portland (375 Fore Street). Bull Feeney s generously provides exclusive NLS discounts for these monthly gatherings. We d love to have you join us, and NLS membership is not necessary. Community Service Committee The Community Service Committee has spent countless hours over the past months with projects benefiting both the legal community and individuals in need. Jazzed for Justice By the time you read this, the Jazzed for Justice Reception and Silent Auction will have taken place in conjunction with the MSBA s 2013 Legal Year in Review, on November 21. All proceeds from this annual event benefit the Campaign for Justice. The Campaign for Justice provides services benefiting more than 33,000 low-income Mainers in nearly 15,000 cases annually. For more information about this invaluable cause, please visit campaignforjustice.org. For more information on the NLS or how to become involved, please contact the 2013 NLS Chair, Heidi Pushard, at pushlaw.me or find us through the MSBA LinkedIn page. Heidi Pushard is a solo practitioner in Lewiston, where her primary focus is family law and guardian ad litem work. She is a graduate of the University of Maine School of Law. MSBA New Lawyers Section The program offers: A Core List of products for savings up to 80% More than 40,000 items available with discounts of up to 15% off already low web prices 27 Court Street P.O. Box 246 Houlton, ME Philip K. Jordan, Esq. and Currier & Trask, P.A. are pleased to announce that they have merged the law practice, located at 27 Court Street, Houlton, Maine effective August 1, The firm will do business in Houlton, Maine as Currier, Trask & Jordan. The firm s practice in Presque Isle, Maine will continue as Currier & Trask, P.A., located at 55 North Street, Presque Isle, Maine Use the buying power of all MSBA members to obtain significant discounts on all of your office supply and print needs. Free delivery in Maine (24-48 hrs.) No minimum order A customer service team ready to support you And much more! To set up an account and/or place an order, contact Office Depot representative, Joe Guerette, at or at maine bar journal fall 2013 Image copyright Tim Yuan, Used under license from Shutterstock.com.

17 COPYRIGHT & TRADEMARK Robert E. Mittel MITTEL A SEN, LLC 85 Exchange Street Portland, ME (207) Applegate Lane Falmouth Foreside Maine DISCOVER THE MEMBERSHIP ADVANTAGE. 401(k)s BUILT EXCLUSIVELY FOR LAW FIRMS. The ABA RETIREMENT FUNDS PROGRAM ( the Program ) was created as an American Bar Association member benefit in The size and strength of the Program s membership means you have access to a comprehensive and affordable retirement plan no matter the size of your firm. Call an ABA Retirement Funds Program Regional Representative today! (866) I The Program is available through The Maine State Bar Association as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another s products and services. CN fall 2013 maine bar journal 189

18 Search Engine Optimization For The Solo Practitioner And Small Law Firms by Ken Matejka G oogle s US market share for lawrelated search has grown to a near-monopoly in recent years. When people search online for legal help and contact you, there s an extremely high likelihood that they found your contact information through a Google search. For solo practitioners and small law firms, being visible on the Web and being visible in Google are substantially the same thing. There are two ways to be visible in Google: through Google s Sponsored Listings, and through search engine optimization (SEO). The Sponsored Listings are the ads you see in the yellow box at the top of the search results and in the right-hand margin, usually under the map. SEO targets the natural listings (or the organic results ) in the main content area of Google s search results page, under the yellow ads. Lawyers should be in both the Sponsored Listings and in the natural results through SEO for the highest volume searches in your practice area(s), but this article will focus on getting into Google s main content area through SEO. What is Search Engine Optimization? SEO refers to things you do to your website and elsewhere on the Internet to make your website appear more relevant for certain search phrases to Google and the other search engines. The long-term goal is to get placement on the first page of Google s search results, and ideally, in the top four places of the natural list- istockphoto.com 190 maine bar journal fall 2013

19 ings (where about 70 percent of Google searchers click), and to stay there for as long as you can. If you were to disregard deliberate SEO and passively hope that Google will eventually find your website relevant and important, you ll likely be disappointed. Your competitors are working hard, often successfully, to convince Google that they are among the most relevant search results for your practice areas and unless you do the same, your website will get buried in the search results. The SEO process can take some time and should be started as soon as possible. What follows is a general description of what would give you bang-for-the-buck in the SEO effort should you not be inclined to outsource it. The main steps in SEO are (1) selecting your target phrases, (2) working your target phrases into your website, (3) creating content, and (4) building links. 1. Selecting Your Target Phrases The first step in SEO is to figure out which phrases you want to target. A target phrase is a search in your community that is very specific to your law practice, for example, Maine personal injury lawyer or divorce attorneys in Maine. When deciding what phrases you want to target for your SEO effort, you should use the following criteria: (a) select phrases that are important to your law practice, (b) have enough search volume to make the effort worth your trouble, and (c) where the competition isn t so extreme that all of your work is fruitless. For example, instead of trying to optimize your site for lawyers (high volume, but extremely high competition), you may instead optimize your site for Maine child custody lawyers (high volume, medium competition). Google makes competition and search volume reports available to Google advertisers but third-party SEO companies can run these reports for you as well, sometimes free of charge. Don t select too many. Limit yourself to maybe five or six target phrases so as not to confuse Google and spread yourself too thin. 2. Working Your Target Phrases Into Your Website When you are working on your website to make it clear to Google what you should be relevant for, it s called onpage SEO. On-Page SEO is a process whereby you work your target phrases into the content and meta tags of your site so that the next time Google passes through, it understands what your website is about and what searches it should be relevant for. For example, if you re a Maine family lawyer and you ve selected 2 or 3 phrases for which you d like to be relevant in Google (e.g., Maine divorce lawyer or divorce attorneys in Maine ) then you d emphasize these phrases as often as possible on your divorce practice area page as well as elsewhere on your website without damaging the professionalism of the content. The process of integrating your phrases into your website needs to be subtle because you re first and foremost writing for people, not Google. Spam-like content can drive visitors away. Google says that it considers over 200 different factors when determining the relevancy of a website for a specific search query. It s known that one of Google s more important ranking factors is a page s title tag. The title tag is in the source code of your website and your page title content goes between the <TITLE> tags. Put your most important target phrases first and try to limit your title to 70 characters. As much as possible, make sure that your keyword-rich title is fairly descriptive of the page s actual subject matter. Also, hyperlinks between the pages on your website will help Google crawl it. By having good keyword phrases within the text of the links, Google will better understand the subject matter of the pages to which the links connect. For example, if there s a hyperlink on your website which reads: Click Here To Learn More About Our Experienced Family Lawyers that links to your About Us page, it would be ideal to have the hyperlink on the words Experienced Family Lawyers, so that Google knows what the page you re linking to is about. 3. Creating Content The mantra is Content is King because Google has made it clear that it wants your website to be rich in good content content that people will read and share. You create content by writing more specific practice area pages, for example, by sub-dividing your vehicle accident page into several pages on the topics of car accidents, motorcycle accidents and so on. You also should regularly blog on topics relating to your target phrases that you selected in step 1, above. If your content is good and keyword-rich, Google should reward you for the effort. Social signals like when a visitor to your website Tweets about one of your blog posts, comments upon your blog post, or links to a page on your website from a social bookmarking site all indicate that people like your content, making it worthy of higher placement in Google s search results. The reality is that law-related content is seldom shared or talked about because it doesn t have the same level of popular interest that topics like celebrity gossip, funny videos or sporting events do. Consequently, social signals for law firm websites and blogs need to be, to some extent, artificially created. This is difficult and time-consuming and a task that probably should be outsourced. 4. Building Links The fourth part of SEO is referred to as off-page SEO because it involves things that you do elsewhere on the web to convince Google that you re relevant for certain searches. This is primarily the deliberate process of gathering links gradually, over a long period of time, from other websites to your own. Fundamental to Google s ranking algorithm is the notion that the more websites that link to your website, the more important your website is as an information resource on the web. When Google perceives you as important for a particular phrase, it will typically place fall 2013 maine bar journal 191

20 When you need an ally, call McTeague Higbee. Maine s premier experts in: - Workers Compensation - Longshore - Asbestos related Injury - Discrimination. Aggressive, effective and skilled practice in: - Personal Injury - Wage & Hour - Social Security Disability. We are here. We are ready. We welcome your call. you higher in its index. Quality links are important (not as critical as they were a few years back, perhaps) and some effort should be made to accumulate reputable ones. So how do you get other sites to link to your website? Links to your website can be obtained in a variety of ways. Other than social signals referenced in step 3, above, you can list your website on directories, exchange links with colleagues who are not in direct competition, post to others blogs, set up accounts in social media sites such as Twitter and Facebook, participate in networking sites like LinkedIn, and publish content to press release and article sites. The more sites that link to yours, the more Google will assume that your site is growing in popularity and importance, and consequently, growing more relevant. Conclusion In closing, a few things should be noted. First, SEO can be labor-intensive and time consuming. If you d rather practice law than spend hours modifying your pages, creating in-bound links, or manufacturing social signals, consider outsourcing the project to a company that specializes in SEO for lawyers. Second, these SEO efforts won t help your website overnight. It may be three, six or nine months before you start noticing any real gains in terms of ranking on Google s organic search results. Third, this is an ongoing process, in particular the link-building and content creation, that you will need to keep doing for as long as you want to stay high up in Google s search results : mcteaguehigbee.com 192 maine bar journal fall 2013 McTeague Higbee, Case, Cohen, Whitney and Toker, P.A. 4 Union Park : Topsham, ME Ken Matejka is a California attorney and president of LegalPPC, Inc. Online Marketing for Solo Practitioners and Small Law Firms. If you have any questions about this article, please write to Ken at or call him at

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