MLAA General Meeting March 9, 2010

March 2010 VOL. XXVII, NO. 3 MLAA General Meeting March 9, 2010 Lease or Buy? Our March meeting will be held on March 9, 2010 at the Crowne Plaza Northstar Hotel. Rather than having a speaker this month, we will have a round table discussion that will include, but not be limited to, the following topics: 1. Lease or Buy: What are the pitfalls of each and what do I need to know? 2. Diversity Recruiting Strategies. 3. Records Management: Where is it headed? 4. Outsourcing: Is it for your firm? 5. Mentoring Program: How do you make it work in your firm? 6. Retaining Employee Talent in an improving economy. 7. Creative Training Strategies. 8. Windows 2007 and other new programs under consideration. Please mark your calendars and join us on March 9, 2010. LUNCHEON MEETING DETAILS When: Tuesday, March 9, 2010 11:15 11:30 a.m. - Registration 11:30 1:00 p.m. - Lunch and Presentation Mentoring Records Management Training Windows 2007 Employee Retention Where: Crowne Plaza Northstar Hotel 7th Floor 618 Second Avenue South, Minneapolis Cost: MLAA Members $20 Non-members $30 (checks payable to MLAA pay at registration table) Please register on-line via the MLAA website at: http://www.mlaaaa.org/events/event_detail.cfm?event_id=290&page_id=29. No shows will be billed. Outsourcing Diversity

Table of Contents MLAA Officers... 3 Calendar of Events... 4 President s Column... 5 MLAA Member Profiles... 7 Member News... 9 Job Bank... 10 Corporate & Government Special Interest Group... 12 MLAA 30th Anniversary Celebration... 12 Small/Medium Firm Section... 13 Facilities Management Special Interest Group... 14 Large Firm Administrators Section... 14 Financial Management Special Interest Group... 15 Human Resources Section... 15 MLAA Educational Conference and Exposition... 16 Wanted MLAA Alumni... 23 Letters to the Editor... 24 MLAA Annual Membership Renewal... 24 MN Lawyers Professional Responsibility Board Drafts Opinion on Metadata Law Firms Need to Prepare... 25 HCBA Connection... 29 ALA Webinar... 30 ALA Annual Conference and Exposition... 32 ALA s Question of the Month... 33 New Career Center Launching for MN Paralegal Association... 35 Advertisers in this Issue... 36 Vendor Relations Update... 37 THE VERDICT 2

MINNESOTA LEGAL ADMINISTRATORS ASSOCIATION 2009-2010 OFFICERS PRESIDENT VICE PRESIDENT ELECT Kim Ess 612.305.7619 Shari Tivy 612.672.3211 Nilan Johnson & Lewis Bowman and Brooke LLP kess@halleland.com shari.tivy@bowmanandbrooke.com PAST PRESIDENT Cheryl Nelson 612.349.0806 Robins, Kaplan, Miller & Ciresi, LLP canelson@rkmc.com DIRECTORS Administration Business Partnership Doug Sievers 612.333.3637 Mark Brauch 952.896.3217 Lind Jensen Sullivan & Peterson, P.A. Larkin Hoffman Daly & Lindgren Ltd. doug.sievers@lindjensen.com mbrauch@larkinhoffman.com Communications Education David Oxley 612.335.1472 Chong Lee 612.372.5217 Leonard, Street and Deinard, P.A. Merchant & Gould, P.C. david.oxley@leonard.com clee@merchantgould.com Finance Membership Wayne Schertler 612.335.1612 Michele Sauder 612.752.1920 Leonard, Street and Deinard, P.A. McGrann Shea Carnival wayne.schertler@leonard.com Straughn & Lamb, Chartered mas@mcgrannshea.com THE VERDICT 3

March Calendar of Events 2 @ Noon Corporate & Government SIG @ Perkins, 94 & Riverside Ave, Mpls. 2 @ 11:30 a.m. Human Resources Section @ Robins Kaplan 9 @ 11:30 General Meeting @ Crowne Plaza, Mpls. 16 @ Noon Facilities Management SIG @ Larkin Hoffman 17 @ Noon Financial Management SIG @ Meagher Geer 17 @ 1 p.m. ALA Webinar Law Firm Innovation: Will You Lead or Follow? 18 @ Noon Large Firm Administrators @ Maslon Edelman 18 @ 11:30 a.m. Small/Medium Firm Section @ Town & Country Club, St. Paul 18 Systems & Technology SIG @ TBD 23 @ Noon E-Communications Committee @ Halleland Lewis 24 Verdict Deadline 25 @ 5 p.m. Community Service Event at Men s Shelter April 13 @ 11:30 General Meeting @ Crowne Plaza, Mpls. 19-23 Staff Appreciation Week May 3-6 ALA Annual Education Conference & Exposition, Boston, Massachusetts ALA MISSION STATEMENT: To improve the quality of management in legal services organizations; promote and enhance the competence and professionalism of legal administrators and all members of the management team; and represent professional legal management and managers to the legal community and to the community at large. THE VERDICT 4

President s Column By Kim Ess, President That s A Wrap Everyone told me my year as President would go quickly. I believed them all but didn t completely understand just how quickly it would REALLY go. I m very appreciative that I was given the honor of serving the chapter. Thank you for the many memories this past year has created. Being President is easy when you have the strong support of so many bright and capable people. This year would not have been as successful without the hard work and many contributions of your Board of Directors. Thank you to: Mark Brauch, who stepped into a newly created Business Partner Director position this year and brought to it his experience and enthusiasm. Chong Lee, Education Director, who took on the difficult role of overseeing our monthly educational opportunities and brought to us, along with assistance of the Education Committee, many hit speakers. Cheryl Nelson, Immediate Past President, for her amazing mentoring over the years and for always challenging us to stretch our thinking. David Oxley, Communications Director, for successfully tackling so many projects this year. Your hard work, along with that of the E- Communications Committee, are making real differences in the look, feel and impact of MLAA s Brand. Michele Sauder, Membership Director, for her tireless efforts to maintain our membership levels in an economy where many were forced to leave the legal industry as a result of devastatingly high levels of lay-offs. Wayne Schertler, Finance Director, for the long hours spent re-organizing and streamlining our financial records and reports. Doug Sievers, Administrative Director, for his thorough reporting of our meetings and for challenging us to take different perspectives when discussing issues. Shari Tivy, President-Elect, for being so supportive and energetic. Your enthusiasm and creativity amaze me and I look forward to serving one more year on the Board under your leadership. Thank you to all of the Committee Chairs, Special Interest Group Chairs, Administrative Volunteers and Past Presidents for your support, hard work and commitment to the chapter all year. Finally, as many of you know there are always others who work in the background so that some can work on stage. This year for me would not have been possible without the support of my THE VERDICT 5

firm, Nilan Johnson Lewis nor without the help of our amazing Administrative Assistant, Amy Colaizy. Amy is not an MLAA member but has gone out of her way to be sure we are successful and I m very grateful for her creativity and organization. Please take some time to look back and reflect on your MLAA year. In my first column back in April of 2009, I challenged each of you to make a New Year s resolution to become more involved in MLAA. I hope that many of you took me up on that challenge and have discovered what a wonderful resource you have in the members and business partners of our chapter. Last month s MLAA Conference at the Convention Center should have helped to drive that message home. Attendance this year exceeded that of any other year. The exhibit hall was packed with sponsors and the education was SECOND TO NONE. Thanks to the Business Partner and Conference Committee for all the hard work on this record setting conference. As you look to the future, remember that 2010 marks MLAA s 30 th Anniversary and the 2010-2011 Board will soon take over to make its mark on this very special year. Good luck to all and let the fun begin. THE VERDICT 6

MLAA Member Profiles GETTING TO KNOW... SAMANTHA J. RUPERT Practice Manager Shumaker & Sieffert, P.A. (46 employees in Minnesota) TIDBITS ABOUT SAMANTHA: Home town: Shoreview, Minnesota College & major: Inver Grove Community College Associates Degree Paralegal studies Family: I am married with 2 children Hobbies: Scrapbooking, reading, snowmobiling Pets: 2 fish SAMANTHA S THOUGHTS I enjoy my accounting responsibilities and find human resources issues to be the most challenging aspect of my position. The major challenge our firm is facing today is rapid growth. Why/how did you become a legal administrator I became an Administrator through advancement at my firm. The best advice I have ever received Learn to respect the system and it will work for you. I joined MLAA because I need better resources for management issues and concerns. One thing I try to do each day at work is Say hi to everyone. Others describe me as In control and level-headed. Someday I would like to Travel to Europe. People would be surprised to learn That I am unsure of my abilities. THE VERDICT 7

GETTING TO KNOW LAURIE A. LAMPMAN Manager of Legal Administrative Support Services Faegre & Benson LLP (500+ Attorneys worldwide) TIDBITS ABOUT LAURIE: Home town: Milwaukee, Wisconsin College & major: Attended MN School of Business Family: I am married and have 1 daughter, 2 stepsons, and 5 grandchildren Hobbies: Cooking and Knitting LAURIE S THOUGHTS I enjoy interacting and collaborating with all levels of firm personnel in developing and implementing firm projects and initiatives. Sometimes there are simply not enough hours in a day. Why/how did you become a legal administrator I started at the firm as a legal administrative assistant. After 5 years, I was promoted to support staff supervisor. After 5 additional years, I was promoted to my current position and now manage the legal administrative support services for the firm. I appreciate that I work for a firm that provides great opportunities for career advancement. The best advice I have ever received Under promise and over deliver. I joined MLAA because I am new to the legal administrator field and was encouraged to become a member. I also wanted to join MLAA as a resource and opportunity to network and exchange ideas, and to participate in educational opportunities. One thing I try to do each day at work is Learn something new. Someday I would like to Organize all my loose photos (contained in multiple shoe boxes) into photo albums. Travel to Scotland and Italy (upon returning - promptly place my vacation photos in a photo album)! People would be surprised to learn As a young teenager, I competed in artistic roller skating competitions in the Midwest. THE VERDICT 8

MLAA Member News New Members TRACEY M. DOTTER Executive Assistant Hollingsworth & Funk 952-232-6722 tdotter@hfiplaw.com THOMAS (TOM) MILLIN Director of Office Services Bowman & Brooke 612-656-4088 tom.millin@bowmanandbrooke.com MEGAN A. FRIEDRICH Recruiting Manager Merchant & Gould 612-371-5259 mfriedrich@merchantgould.com MICHAEL ROLLER Director of Information Technology Bowman & Brooke 612.672.3264 mroller@bowmanandbrooke.com LAURIE LAMPMAN Manager of Legal Administrative Support Services Faegre & Benson 612-766-8114 llampman@faegre.com SAMANTHA J. RUPERT Practice Manager Shumaker & Sieffert, P.A. 651-286-8349 rupert@ssiplaw.com Other Changes HALLELAND LEWIS NILAN & JOHNSON Is now: Nilan Johnson Lewis New Phone Numbers: TED BROWN SARAH DIDRIKSON TRICIA HARRIS 612.305.7610 612.305.7614 612.305.7605 SHANNON DEAN KIM ESS JENNY LIND-SADOW 612.305.7615 612.305.7619 612.305.7609 Reminder: Please forward any firm or individual contact information changes to Michele Sauder, Membership Director, at mas@mcgrannshea.com THE VERDICT 9

MLAA Job Bank By Sarah Taylor MARKETING COORDINATOR. Gislason & Hunter LLP a regional law firm with offices in Minneapolis, New Ulm, Mankato and Des Moines is looking for a Marketing Coordinator to lead the overall marketing efforts of the firm including strategic direction, individual and practice group marketing, branding, PR, advertising, social media & website. Minimum of 3 to 5 years of experience. Prior law firm/ professional service firm experience. Travel required among the offices. The Marketing Coordinator, under the direction of the Executive Committee and the Administrator, will lead and provide direction to the overall marketing efforts of the firm. This includes the areas of public and community relations, advertising, branding, individual and practice group marketing and website management. Specific responsibilities include: Working with the Executive Committee, Administrator and consultants in developing strategic direction for the firm s marketing efforts. Assist attorneys and practice groups with the implementation of marketing plans including meeting with attorneys to develop and review their marketing plans on a quarterly basis, the development of presentation materials (Power Point, etc) for attorneys or practice groups; coordination of attorney or practice group presentations and seminars; and assist attorney or practice group marketing development opportunities. Prepare and coordinate internal and external communications including announcements and press releases, media and community relations, social media, client alerts and advertising in order to maximize the firm s marketing resources and opportunities. Maintain the firm s website including general information on the site, attorney biographies, developing items to be placed on the website including news and event items, job postings and video pieces; work with webmaster to improve functionality, appearance of the firm s website and search optimization. Maintain the firm s client database including updates and additions to the database. Develop a competitive intelligence system in conjunction with the firm s practice areas and client database. Assist attorneys in the preparation of responses to RFP s. Develop and maintain the firm s branding (corporate identity) materials, ensuring consistency across offices and practice areas. Assist the firm s administrator in development of an annual marketing budget and special projects budget; monitor marketing budget throughout the year; work with attorneys and practice groups to develop budgets to support their marketing efforts. Attend Executive Committee meetings throughout the year. THE VERDICT 10

Hold office hours at the firm s four offices which may vary depending on the marketing projects in progress at each location. QUALIFICATIONS Bachelor s Degree in Business, Marketing or Communications. 3 to 5 years of marketing experience, preferably in a law firm/ professional services firm. Strong written and oral communication skills. Proficiency with computer software including Microsoft Office, desktop publishing and presentation software. Experience with internet database management, social media and website management. Exposure to branding, public relations and alternate forms of electronic media. Ability to travel to the firm s offices on a regular basis. Ability to supervise and coordinate the work of other staff. Please send resume and cover letter to Joseph Mulé at jmule@gislason.com MLAA members interested in new positions are encouraged to regularly review postings on the MLAA website. Jobs are posted on the website as soon as they are received; they are not always published in The Verdict. The Job Bank is only for those management positions that meet ALA and MLAA membership criteria. To post a job opening with the MLAA Job Bank or to place your name on the contact list for future openings, please contact Sarah Taylor, Member Placement Service, at 612.672.8288 or email at sarah.taylor@maslon.com. THE VERDICT 11

Corporate & Government Special Interest Group By Wendy Bartlett & Sue Johannsen, Co-Chairs The Corporate & Government Special Interest Group will meet at Noon on Tuesday, March 2, 2010 at the Perkins in Minneapolis off of Interstate 94 and Riverside Avenue. Meetings are informal, and the topics for discussion are chosen by those in attendance. Please feel free to join us at any time. The Corporate & Government Special Interest Group is co-chaired by Wendy Bartlett and Sue Johannsen, so if you d like more information and/ or want to be included on the email list, you may call either Wendy Bartlett at 612.726.8192 or Sue Johannsen at 763.494.2150, or email at: wendy.bartlett@mspmac.org and susan.johannsen@bsci.com. MLAA 30 th ANNIVERSARY CELEBRATION SAVE THE DATE July 29, 2010 4 to 7 p.m. THE VERDICT 12

Small/Medium Firm Section By Kathy Hubbard & Deb Cramer, Co-Chairs We hope everyone had a great time at the MLAA annual conference and expo. It was truly a fantastic opportunity for learning, networking and seeing first-hand all the latest and greatest contributions our business partners have to offer. Our next Small/Medium Firm Section meeting is Thursday, March 18, 2010. The topic is Getting the Best from your IT Consultant. With the fast pace of change in Technology, it s hard to be the expert of everything. Leveraging IT Consultants gives you the opportunity of access to knowledgeable experienced resources. Often the skill sets provided by IT Consultants are only needed for the short term, or needed to mitigate the execution of high risk change activity. In this interactive discussion, well cover best practices for communicating needs, objectives, and budgets to get the most from your IT Consultants. Mitchell D. Gram, Vice President, Professional Services, Sovran, Inc. will be our presenter. Mitch has been with Sovran for 8+ years and has worked in technology for 25+ years. His primary responsibility at Sovran is maintaining a trained and qualified staff of systems engineers to support technology assessments, architecture planning, project design, deployment, and ongoing administration support for Sovran s customers. In addition, Mitch is responsible for the evaluation and approval of technologies and manufacturers products that are supported by Sovran. Mitch s educational background includes AAS Electrical Engineering, BS Business Management and industry certifications from Microsoft, Cisco, VMWare, and HP. The meeting/lunch runs from 11:30 to approximately 1:00 PM. An email reminder is sent to all Small/Medium Firm Section members at the beginning of the month, with meal selections and subject matter. If you are interested in attending and not currently on the small/medium group email tree, please contact Deb Cramer at: doc@johnson-condon.com. I am thrilled to announce that Deb Cramer has been elected as a member of the MLAA Board of Directors. I am equally thrilled to announce that Lynn Rozell will be co-chairing the Small/Medium Firm Section with me for 2010/2011. Please join me in congratulating both Deb and Lynn in their new and exciting positions in MLAA. The cost to attend the luncheon/meeting is $20 for MLAA members and $25 for non-members. THE VERDICT 13

Facilities Management Special Interest Group By Heidi Sampson Post & Stephanie Scheu, Co-Chairs The Facilities Special Interest Group did not meet in February. Our next meeting is scheduled for Tuesday, March 16 th at Noon, and will be hosted by Eileen Cronquist and David Straiton from Larkin Hoffman, Daly & Lindgren Ltd. They will be hosting the meeting downtown at U.S. Bank Plaza, 200 South Sixth Street, Suite 4000, Minneapolis, MN 55402. If you would like to come to one our meetings, have specific topics you would like to discuss at one of our meetings or would like more information on our group, please contact Heidi Sampson Post (hpost@fredlaw.com) or Stephanie Scheu (sscheu@fwhtlaw.com). Large Firm Administrators Section By Karen Reynolds, Chair Marylou Steeden of Meagher & Geer hosted the February Large Firm Administrator s meeting. The group discussed the use of law firm economic surveys, strategic planning consultants and the strategic planning process, and the conferences and seminars that each member of the group attends for continuing education and professional development. The next meeting will be hosted by Mary Jo Welter of Maslon Edelman Borman & Brand on Thursday, March 18 th. Please contact Karen Reynolds @ Karen.Reynolds@gpmlaw.com with any questions. THE VERDICT 14

Financial Management Special Interest Group By Annette Kojetin & Tracey Skjeveland, Co-Chairs The Financial Management Special Interest Group does not meet in December, January or February due to year end commitments. The next meeting will be held on March 17 th at Meagher & Geer. If you would like to be included on the email list please contact Annette Kojetin at adk@johnson- Condon.com or Tracey Skeveland at Tskjeveland@merchantgould.com. Human Resources Section By Laurie Greenberg & Terri Stewart, Co-Chairs The Human Resources Section met on Tuesday, February 2nd, at the offices of Merchant & Gould. Pam Gerads hosted the meeting. Our guest speaker was Susanne Egli, Managing Director of Talon Performance Group, who presented a seminar Insights into Ourselves and Others. Susanne introduced us to Insights. Insights is a 4-color system that helps us, the user, quickly connect with others and adapt to their style in a new way. It also helped us understand our own point of view, as well as the point of view of those we work with on a daily basis. Consultant, and Jeff Azen, Benefits Consultant, at Gallagher Benefit Services, Inc. If you would like to be included on the email list please contact Laurie Greenberg at lgreenberg@briggs.com or Terri Stewart at tstewart@felhaber.com. We d also love to hear your ideas for future topics/speakers. Our next meeting will be held on Tuesday, March 2nd, and will be hosted by Colette Canniff of Robins Kaplan Miller & Ceresi. Our topic will be wellness and health cost management presented by Ali Payne, GBS Health Cost Management THE VERDICT 15

MLAA Educational Conference & Exposition! By Catherine Hacker The 20 th Annual MLAA Educational Conference and Exposition was a fabulous success. A record 185 MLAA members and other legal professionals attended the Conference at the Minneapolis Convention Center on February 23 rd. Attendees were joined by 64 business partners with 234 representatives in their exhibit booths. The day started with a high energy keynote presentation by Michael Brandwein. Michael gave us the basics of reverse leadership, kept us laughing and set the tone for a great conference. The exhibit hall opened at 9:30 and attendees were eager to network with our business partners. The room was filled with conversation as attendees greeted both established and first time exhibitors with equal enthusiasm. prizes donated by the business partners, along with the names of the winners. There was a separate drawing for prizes given by our platinum and gold sponsors. Thanks to all the business partners for the great gifts. This year s conference would not have been so successful without the hard work of all BPCC committee members. A special thanks to the cochairs, Sarah Taylor and Steve Remington. The morning and afternoon education breakout sessions were all full and topics included finance, technology trends, teamwork training, and how to green your law firm. There were additional opportunities to network with business partners in the exhibit hall and during lunch. Many MLAA members also took time to catch up with each other and make new connections. The final session was a fun and insightful session on managing your emotions in a legal environment. Several MLAA members participated in the theatre-style presentation, including Shari Tivy, Dan Olynick, Laura Broomell, David Oxley and Sarah Taylor. The end of day reception was held in a separate room this year, allowing exhibitors to fully participate instead of breaking down their booths in the exhibit hall. Attendees saw all the fabulous THE VERDICT 16

Registration Vendor Hall THE VERDICT 17

Amber Hennen of Robert Half Legal & Jessica Kuhl of IKON Cheryl Nelson, Carlie Diaz & Sandy Ricci THE VERDICT 18

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20th Annual Educational Conference & Exposition Everyone who attended the 20th Annual MLAA Educational Conference and Exposition is a winner. A full day of education, networking with peers and access to our business partner sponsors ensures every attendee 'wins' when he or she invests the time to attend the conference. In addition to the winnings received by just attending, our sponsors graciously provide additional prizes for those that make it to the end. Please thank our sponsors for their additional contributions to the event next time you work with them and congratulate the following winners: Business Partner: Prize: Winner: MLAA Grand Prize (5) Aramark Refreshment Services Asset Recovery Corporation Benchmark Learning Benchmark Reporting Agency Business Data Record Services Canon Business Solutions CareerBuilder LLC CITech Solutions, Inc. $200 Visa Gift Card $200 Visa Gift Card $200 Visa Gift Card $200 Visa Gift Card $200 Visa Gift Card Coffee Gift Basket Coffee Gift Basket Coffee Gift Basket Laptop with Operating System Amazon Kindle $100 Target Gift Card 4 Gopher Men s Hockey Tickets for 03/05 7:00 game. Canon Powershot Camera Flip Video Camera 1-Hour Color Consultation from Owens Design Group, $120 value Tracey Skjeveland Merchant & Gould, P.C. Carol Reitzel Leonard, Street and Deinard, P.A. Steve Remington Zelle Hofmann Voelbel & Mason LLP Joanne Daubenspeck Office of Lawyers Professional Responsibility Heidi Sampson Post Fredrikson & Byron P.A. Deb Cramer Johnson & Condon, P.A. Tom Millin Bowman & Brooke LLP Philip T. Rush Moss & Barnett, P.A. Michele Sauder McGrann Shea Carnival, et. al. Carlie Diaz Bowman & Brooke LLP Catherine Hacker Mulligan & Bjornnes PLLP Patice Finstad Aronson & Associates Sarah Taylor Maslon Edelman Borman & Brand, LLP Lynn Mattson Briggs & Morgan, P.A. Mariel Piilola Larkin Hoffman Daly & Lindgren, Ltd. THE VERDICT 20

Business Partner: Prize: Winner: Coffee Mill Control Systems Copitrak Dictationproducts.com Ele-Ment Data Group Equitrac Corp Erickson Marketing, Inc. Gainey Conference Center IKON Office Solutions Laser Printing Technologies, Inc LexisNexis Lifeworks Services Loffler Companies M&I Bank Mergis Group Network Financial Services Equitrac Nexus Information Systems Coffee Basket Coffee Basket ipod Touch Dragon Professional Legal Edition Speech Recognition Software - $1099 value Keurig Coffee Machine, Coffee, Mugs Wheeled Cooler Bag ipod Nano, Special Edition Bottle of Wine $100 Bar la Grassa Gift Certificate $100 Granite City Brewery GC $100 Visa Gift Card Shopping bag w/ long-sleeved fleece shirt, Lifeworks cap, water bottle, set of 12 note cards with designs from Lifeworks 2009 Traveling art show. 2 Lexus Courtside Seats to march 10 th Timberwolves vs Denver Nuggets Sony Reader 2 Tickets to 03/16 Wild vs Oilers 2 Tickets to 03/14 Wild vs Blues Bottle of Bailey s Irish Cream Kingston SSD (Solid State Hard drive)v-series 128 BG Peggy Ellis Caplan Law Firm PA Mary Anderson Pauly, Devries, Smith & Deffner, L.L.C. David Straiton Larkin Hoffman Daly & Lindgren, Ltd. Steve Perry Kennedy & Graven, Chartered Laura Broomell Greene Espel P.L.L.P. Karen Reitmeier Lindquist & Vennum PLLP Vicki Nagel Best & Flannagan LLP Mary Healy Lockridge Grindal Nauen PLLP Toni Hammond Cousineau McGuire Chartered Debbie Muntean Briggs & Morgan, P.A. Steph Scheu Fabyanske, Westra, Hart & Thomson Patti Ploehn Henningson & Snoxell, Ltd. Cheryl Thompson Moss & Barnett, P.A. David Oxley Leonard, Street and Deinard, P.A. Maria Megas Heins Mills & Olson, P.L.C. Sheila Guzik Faegre & Benson Tracey Dotter Hollingsworth & Funk Mary Houle Briggs & Morgan, P.A. THE VERDICT 21

Business Partner: Prize: Winner: NightOwl Northland Business Systems Océ Business Services Office Depot Pitney Bowes RJF Agencies, Inc. Robert Half Legal S&T Office Products Shred-it Special Counsel Transcend Communications tw telecom inc. U.S. Bank Private Client Reserve Wells Fargo Bank Wells Fargo Insurance Services Xerox Corporation $100 Mastercard Gift Card Twins Tickets $50 Tiffany s Gift Card and $25 Starbucks Gift Card Gift Basket $200 Manny s Gift Certificate $100 D Amico Gift Certificate $50 Target Gift Card GBC Shredmaster Jam Free Shredder - $155 value $50 Target Gift Card $100 Best Buy Gift Certificate $50 Barnes & Noble GC Wine Basket Assortment $100 Visa Gift Card 4 Timberwolves Tickets $50 Ciao Bella GC in WF Stagecoach $100 Twins Gift Certificate $100 Gift Card Chris Guzman Leonard, Street and Deinard, P.A. Nforsi Moutchia Bowman & Brooke LLP Molly Hoeg Gray Plant Mooty Terrie Clark Arthur, Chapman, Kettering, et. al. Roberta Mathisen Arthur Chapman Kettering Smetak & Pikkala, P.A. Brian P. Lamb Leonard, Street and Deinard, P.A. Jeff Mina Meagher & Geer, PLLP Jackie Sullivan Gray Plant Mooty Shirley Fetzich Leonard, Street and Deinard, P.A. Sandy Ricci Winthrop &Weinstine, P.A. Doug Sievers Lind, Jensen, Sullivan & Peterson, P.A. Shari Tivy Bowman and Brooke LLP Greta Larson Fredrikson & Byron P.A. Dean Hinnerichs Halleland Lewis Nilan & Johnson P.A. Ann Gager McCollum, Crowley, Moschet & Miller, LTD Ted Brown Halleland Lewis Nilan & Johnson P.A. Kim Pepera Eckberg, Lammers, Briggs, Wolff & Vierling P.L.L.P. THE VERDICT 22

WANTED MLAA Alumni REWARD The pleasure of their company at the MLAA 30 th Anniversary Celebration Send all leads to Kathy Hubbard @ hubbardk@jacksonlewis.com THE VERDICT 23

IT S THAT TIME AGAIN! MLAA Annual Membership Renewal Due Date: March 31 Did you ever ask yourself what s the most important benefit you receive from MLAA? Perhaps those unique educational opportunities? Maybe your favorite monthly meeting? The many conferences and special events? Or, how about being kept up-to-date with the help of a built-in group of expert, local, professional colleagues? And do you know how very much each and every member s contributions and commitment matter to MLAA? Including (especially) yours? At last count we re 255 strong, growing and going forward with plans for a great future. If you haven t already received them, watch your e-mail for the 2010-2011 membership renewal forms. They will be sent from Best Meetings. Please complete and return the paperwork, along with your dues, by March 31 so we can all continue to enjoy sharing together in the responsibilities and privileges of this amazing organization. Letters to the Editor Letters to the Editor of The Verdict are welcome and can be e-mailed to pellis@caplanlaw.com. In your letter, please include your name, firm name, mailing address, daytime phone number, and e-mail address. Letters that do not contain full contact information cannot be published. Letters typically run 150 words or less and may be edited. Your letter can be on any topic. You will be contacted before your letter is published. Thank you. THE VERDICT 24

Minnesota Lawyers Professional Responsibility Board Drafts Opinion on Metadata: Law Firms Need to Prepare By Randall Farrar In states across the U.S., including Minnesota, governing bodies are drafting and issuing opinions regarding an attorney s professional responsibility regarding metadata. Historically, opinions on whether there is a significant risk with metadata and if so what must be done to address that risk have varied between attorneys, IT departments, management, bar associations and other governing entities. With increasing opinions specifically addressing an attorney s ethical obligations regarding metadata, law firms must now address their management of metadata and develop specific policies or update existing policies to ensure they are in accordance. On January 26, 2010, Minnesota s Lawyers Professional Responsibility Board released Proposed Opinion No. 22 that deals with a lawyer s ethical obligations regarding metadata, as follows: A lawyer has a duty under Rule 1.6, Minnesota Rules of Professional Conduct (MRPC), not to knowingly reveal information relating to the representation of a client, except as otherwise provided by the Rules. The lawyer s duty not to knowingly reveal such information extends to and includes metadata in electronic documents. Accordingly, a lawyer is ethically required to take reasonable care to avoid improper disclosure of confidential information in metadata in electronic documents. If a lawyer receives a document which the lawyer knows or reasonably should know contains inadvertently sent metadata, the lawyer shall promptly notify the document s sender as required by Rule 4.4, MRPC. For the full draft of the opinion including the applicable rule and other published opinions on metadata, visit http://www.mncourts.gov/lprb/ Opinion22.pd What is Metatdata? Succinctly defined, metadata is data about data. Microsoft Word, Excel and PowerPoint include automated features to aid in document production and collaboration. These features embed electronic information (metadata) in a file which can reveal the identity of those who edited the document (revision authors); track the time, date, and frequency of edits (track changes and revisions); reveal inserted comments and the document template; and other data employed to control the document s text and format. It is the commonly held opinion that this information should be removed before a file is shared outside the firm s electronic walls to avoid violating attorney client privilege, disclosing sensitive information to third parties and so on. THE VERDICT 25

Many people think of tracked changes when they think of metadata. There have been numerous high profile cases where tracked changes inadvertently left in a document have had embarrassing, not to mention legal and ethical consequences. This mistake can be easily made. An attorney switches on the Track Changes function to make edits to a document. After collaborating with his assistant and associates, he is satisfied with the changes. He decides to send it to the client for review by changing the document to Final in the Tracking section. The tracked changes disappear from the document. He assumes they are no longer there, clicks on Send via e-mail and sends the document to his client. The client opens the document to see all of the tracked changes displayed. This happened because the attorney did not accept all of the changes in the document, he merely hid them from view. When the client opened the document her Display for Review settings were set by default to Final Showing Markup, thus revealing all of the changes in the document. If the firm had a metadata policy in place that detailed when documents are cleaned before being sent externally, this situation would have been avoided. Microsoft Word, when she worked at a different firm. Using Save As she saves the document under a new name, makes edits as needed and e-mails it to her client. Upon receipt the client opens the document and, since they have heard about metadata, opens file properties to view any data. (File properties can be accessed in Office 2007 by clicking on the Office Button Prepare Document Properties Advanced Properties ). By viewing the Statistics tab the client sees a Created date of one year before they were a client and a Modified date of the date the attorney emailed the document. Even more puzzling in the Summary tab they see a different firm listed in the Company field. The client now has access to a history that reveals information the attorney should have not revealed. That history will stay A rule of thumb when understanding metadata is that every time a document is opened, edited and saved metadata is added by the application, the operating system or the user. While track changes may provide an obvious example, there are many other scenarios when metadata can cause a law firm problems. For example, an attorney is creating a contract for a new client. The contract requires some standard language. Since she has prepared similar contracts before, the attorney opens up a contract created previously for another client in THE VERDICT 26

with the document until it is cleaned using a metadata management tool. Metadata of this type can be useful when searching for documents created in a specified time frame, or to gain quick access to documents from, for example, My Recent Documents. But a firm may not want to reveal this type of information to a client being billed time for creating the document. Metadata also exists in Excel files. Examples include: formulas left in cells; hyperlinks to other workbooks; and hidden rows, columns or worksheets. All can reveal information not intended for general distribution. In PowerPoint you may not want to share presentation notes or comments attached to a presentation. You can also embed hyperlinks to graphs or excel workbooks in a presentation which, if left will link back to the original document. Again, information you may not want to share. There are three key components to developing a metadata policy - Establish, Enforce and Educate. Establish a Metadata Policy Educate yourself about metadata and review the Minnesota proposed opinion (and other states and entities, as needed) regarding metadata. Review firm documents (on internal networks and published on external networks). Is your firm inadvertently sharing confidential information? Involve attorneys and your IT department and establish a firm approach based on your findings. If necessary, bring in a consultant to advise your firm on a metadata policy. Moving forward, review your policy on a routine basis to address any new rulings on metadata. Enforce the Policy Consider purchasing metadata management software. The software you choose should be flexible enough to execute firm policy, automated enough to enforce firm policy and easy enough for users to understand and utilize. The latest Microsoft Office program includes a metadata tool called Document Inspector. Since Microsoft applications add metadata to files, it presents a somewhat contradictory position for Microsoft to provide a tool for removing that metadata. Firms who already practice a metadata policy have found the main weakness with Document Inspector is the lack of automation. The onus is on individual users to "inspect" documents and then decide the metadata to remove, proving to be ineffective in enforcing a metadata policy throughout an organization. Metadata management software, on the other hand, removes metadata more thoroughly and is designed to help firms automate and therefore, THE VERDICT 27

enforce metadata policies. The most popular products available for metadata management can be found by searching for metadata management software in Google. Educate The success of any policy hinges on the execution. A firm s metadata policy will be more successful if staff can grasp what metadata is, when it can be useful, when it can be harmful and how to manage the metadata in documents. Consider bringing in outside trainers to help educate your firm with hands on training. The Minnesota Lawyers Professional Responsibility Board is requesting public comment about Proposed Opinion No. 22. Comments should be submitted in writing by March 10, 2010 to Siama Y. Chaudhary, 1500 Landmark Towers, 345 St. Peter Street, St. Paul, MN 55102. Randall Farrar is the president and co-founder of Esquire Innovations, Inc. (esqinc.com), a software company that develops Microsoft Office integrated applications for the legal market, located in Temecula, CA. Esquire s products include iscrub 7, a metadata management application for Microsoft Office; icreate 7, its popular document production and formatting software; iredline 7, enhanced Word document comparison; and idocid, software for adding a document ID to a Word or Excel document. Together, the four products are available as the combined package ioffice 7. Mr. Farrar can be reached at randall.farrar@esqinc.com. THE VERDICT 28

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ALA Webinar Law Firm Innovation: Will You Lead or Follow? If you understand that the legal industry is in transformation, if you get that your clients are looking for innovation in the way they receive legal services, if you want to take your practice, group or firm to the next level, if you have the courage to consider new options and try new techniques, then this session is for you. Today s business environment is evolving. What worked yesterday might not work tomorrow. To continually develop and succeed, your firm - and its objectives - must also evolve. Join us for an energetic Webinar as we examine the legal horizon and identify and discuss three things you and your firm should be doing now if you want to secure a leadership role in your markets. This will require creativity and innovation to achieve uncommon success in the undeniably transforming business landscape. Learning Objectives: View this transformation as an opportunity; Accept the urgency to act now to make changes that capitalize on the opportunity; and Understand where and how to act to create the greatest impact for your firm. Managing partners are strongly encouraged to attend this Webinar with their firm s administrators. Together, you will confirm your common goals and leave equipped to take action in your firm immediately. Speakers: As the Managing Director of GEM Communications, Gary Mitchell leads an international team of consultants, coaches and trainers who work with lawyers and law firms helping them to prepare for and profit from transformation in the legal industry. Gary regularly conducts presentations at legal association events and writes bi-monthly for LEXPERT (Canada's leading source of news and information about the business of law) and for the Canadian Bar Association s Practice Link. Catherine Mitchell is a client development coach with over 20 years experience in both marketing and business development roles for a variety of financial services companies. For GEM Communications, she leads the ON TRAC Client Development Program and manages the coaching team who delivers it. With this program, she shows professionals in service industries how to deepen their client relationships to meet or exceed their revenue goals. This program meets the requirements of 1.5 hours of Legal Industry/Business Management (LI) credit towards CLMSM Recertification and the additional hours required for the initial CLM application of Functional Specialists. When: March 17, 2010, 1 p.m. Central Time Cost:: $169 ALA member; $189 non-member Estimated Length: 1 1/2 hours For more information or to register for this webinar, visit the ALA website at https:// ala.peachnewmedia.com/store/seminar/seminar.php? seminar=3180. THE VERDICT 30

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Meetings & Events: ALA Annual Educational Conference and Exposition The Association of Legal Administrators (ALA) Annual Educational Conference and Exposition is the legal management profession s most comprehensive vent of its kind. Featuring dynamic and relevant education presented by recognized leaders in their field, the ALA Annual Conference will enhance your knowledge, develop your management skills, and enable you to achieve greater personal and professional growth. ALA s three-day Exposition is a vital extension of the educational program and provides the opportunity to update yourself on the latest technologies, find solutions to business issues, solve problems, uncover emerging trends, and develop valuable resources and partnerships in the legal industry. The annual Conference also provides ample opportunities for networking. Various events, including receptions, lunches, and idea exchanges, will allow you the time to discuss your day-today challenges and unique issues with other legal management professionals from around te world. You re sure to learn tips, tacts, and wisdom that you can implement back at your workplace. 2010 Annual Conference & Exposition May 3-6, 2010 John B. Hynes Veterans Memorial Convention Center Boston, Massachusetts For more information, visit the ALA website at www.alanet.org/. THE VERDICT 32

ALA's Question of the Month Question: Can you help me develop a severance policy for withdrawing staff? Answer: Please see excerpts of severance studies from HR Policy Answers by Personnel Policy Service Inc. You may request these studies by contacting PPS Inc. at 800.437.3735. Our impression is that two weeks of severance for every year of continuous service is indicated. Continuation of health benefits under COBRA is also an option, and is also calculated on years of continuous service. And, remember that accrued vacation and personal leave should be part of any employee s termination package; make sure to check your state laws and regulations, as some states mandate payout of any accrued leave. Following is an excerpt from When It s Time to Let Them Go: Dealing with Downsizing, by Karen Steinberger in ALA Management Encyclopedia SM : Severance Packages: It is important to know exactly how much the severance packages to be offered terminated employees will mean to the firm s bottom line each month before setting the plan in motion. Before the first person receives his/her pink slip, analyze carefully the exact amount the firm will save with its downsizing plan in relation to the cost of severance. Sometimes the severance package must be adjusted based on economic realities. If the firm is determined to provide severance, focus on objective criteria and do not treat employees differently for subjective reasons when determining the amount of severance the firm will pay. Using factors such as years of service consistently will help avoid discrimination claims against the firm. Review policies and practices concerning vacation pay does the firm pay for accrued but unused vacation time? These are often requirements of state and even municipals laws. Review all benefits documents regarding the continuation rights afforded to terminated employees for insurance benefits (health, life, disability, etc.), and other benefits (profit sharing, 401(k), etc.). Decide if, in addition to severance pay, the firm would like to continue the COBRA THE VERDICT 33

medical costs for the terminated employees (and their dependents) for a period of time. Review the state s unemployment benefits to be able to accurately communicate the unemployment benefits to which the terminated employee will be entitled. Please see the U.S. Dept. of Labor s Web pages regarding severance pay. See also the following Web-based resources: FindLaw Creating Equitable Severance Packages Associated Content: Business & Finance How to Negotiate a Severance Package. Note that this item is written for the employee, not the employer. BusinessWeek Severance: How Golden Should Your Parachute Be? Note the suggestion to check with a labor attorney, as well as the reference to the National Employment Lawyers Association. Law.com gathers daily news reports and anecdotal material on law firm layoffs / downsizings, severance details (when available), salary freezes or reductions, etc. pay that discusses structure and policy, available to SHRM members. The ALA Legal Management Resource Center (LMRC) ] has a number of articles from associations, consulting firms and government agencies, as well as ALA sources on human resources issues. Log in with your ALA username and password for access to all ALA Membersonly materials. Review the materials in the Human Resources Management Content Area, in the subfolders for Hiring & Firing, then Discipline Termination, and under the subfolders Employee Rights, then Employment Agreement. Special Note: ALA members have free access to the ALA Reference Desk. Send any question on legal management to infocentral@alanet.org. Staff will conduct personal research on each question. For additional information, law library staff can assist in locating the following articles: Typical Severance Package Has Not Been Downsized HR Matters newsletter, Personnel Policy Service Inc., April 1999. Severance-and-Release Plans Provide Appropriate Transition for Employees by David Cathcart, Law Firm Partnership and Benefits Report, Leader Publications, March 2000. The Society for Human Resource Management (SHRM) published a white paper on severance THE VERDICT 34

New Career Center Launching for Minnesota Paralegal Association The Minnesota Paralegal Association ( MPA ), announces its newest offering to association members a Web-based career center that connects job seekers with prospective employers in the paralegal industry. The new job board, powered by career services leader JobTarget, can be found at www.mnparalegals.org. Access is available to MPA members. Our association promotes the paralegal industry knowledge, networking, and excellence, says Lori Boris, MPA President. Launching an online career center for professionals in our field and in our geographic region is a natural extension of that mission. The MPA s employment marketplace, like other JobTarget-powered career centers, distinguishes itself from generalist job boards in a number of ways. These include: a highly targeted focus on employment opportunities in a certain sector, location, or demographic; anonymous resume posting and job application enabling job candidates to stay connected to the employment market while maintaining full control over their confidential information; an advanced Job Alert system that notifies candidates of new opportunities matching their own pre-selected criteria; access to industry-specific jobs and top-quality candidates often not seen on Monster, CareerBuilder, or HotJobs. Niche job boards, like the one we ve designed for the MPA, are an ideal way to recruit top candidates, says JobTarget CEO Andrew Banever. Our customized career centers also attract new members both individuals and businesses to paralegal associations such as the MPA. That helps drive participation in conferences, professional development workshops, award programs, and other exclusive benefits. To visit the Career Center, log onto the MPA website www.mnparalegals.org, log in and click Employer. Once there, you can immediately create your employer account and/or post a new position. MPA members will see your posting as soon as it is approved (usually within the same business day). For additional information, please contact Gini Bergstrom at jobbank@mnparalegals.org. # # # About JobTarget. JobTarget is an industry leader in job board development, integration, and management. Founded in 2001, the company is the nation s largest provider of third-party career services software for professional associations, powering over 1,000 custom-designed and privatelabel job boards. To learn more about JobTarget s innovative technology, visit www.jobtarget.com. THE VERDICT 35

Advertisers In This Issue Benchmark Learning 26 Business Data Record Services 36 IKON Office Solutions 18 Laser Printing Technologies, Inc. 27 Law Library Consultants, Inc. 15 Loffler Companies 17 M & I Bank 11 Merrill Corporation 25 Mergis Group 14 Nexus Information Systems 33 Pitney Bowes 31 Robert Half Legal 13 Sovran, Inc. 28 U.S. Bank Private Client Reserve 6 West, A Thomson Reuters Business 17 Xerox Corporation 34 The Verdict Staff Peggy Ellis 612.436.7028 Editor Caplan Law Firm, P.A. pellis@caplanlaw.com (Fax) 612.341.0507 Terri Stewart 612.373.8450 Production Felhaber, Larson, Fenlon & Vogt, P.A. tstewart@felhaber.com Laura Broomell 612.373.8395 Advertising Greene Espel, PLLP LBroomell@GreeneEspel.com THE VERDICT 36

Please take the time to thank our 2010 Business Partner Sponsors!! PLATINUM Pitney Bowes Management Services GOLD M & I Bank Sovran, Inc. U.S. Bank SILVER Benchmark Learning Business Data Record Services IKON Office Solutions Loffler Companies Mergis Group Nexus Information Systems Robert Half Legal West, A Thompson Reuters Business Xerox Corporation BRONZE Laser Printing Technologies, Inc. Merrill Corporation COPPER ADV Document Systems Aerotek Professional Services Aramark Refreshment Services Asset Recovery Corporation Benchmark Reporting Agency Canon Business Solutions CareerBuilder LLC CI Tech Solutions, Inc. Coffee Mill, Inc. Compulaw LLC Control Systems Copitrak CORT Dictationproducts.com Ele-Ment Data Group Equitrac Corp Erickson Marketing, Inc. FedEx Gainey Conference Center Heartland Payment Systems Imaging Path Intereum Inc. Iron Mountain Johnson McCann Benefits Legal Data Management & Technology, Inc. LexisNexis Lifeworks Services Metro Legal Services, Inc. MSpace NetDocuments Network Financial Services- Equitrac NightOwl Northland Business Systems Océ Business Systems Office Depot Omega Legal Systems Parallel Technologies, Inc. Parameters RJF Agencies, Inc. S&T Office Products Shred-It COPPER (cont d) Softchoice Special Counsel Stonebridge Bank The Lodge Hotel at Brainerd Transcend Communications tw telecom inc. W Minneapolis The Foshay Wells Fargo Bank N.A. Well Fargo Insurance Services BRASS Beacon Hill Staffing Group Eucentra Ergonomics Services Greinier Construction IST Management Services, Inc. Kelly Law Registry Midwave RJM Construction Toshiba Business Solutions Willis of Minnesota MLAA BPCC MEMBERS Steve Remington, Co-Chair Sarah Taylor, Co-Chair Wendy Bartett Mark Brauch Laura Broomell, CLM Colette Canniff Shirley Fetzich Catherine Hacker Charlie James Tammy Lanning Chong Lee Joe Mulé Dick Nigon, CLM David Oxley Heidi Post Michele Sauder Tracey Skjeveland, CLM Craig Wilson THE VERDICT 37