Internet time." As much seems to happen in three months on the Internet as happens in a year off the Internet. Version 3s quickly turn into Version 4s. Acronyms change rapidly: HTML becomes dynamic HTML and VRML. New businesses debut, grow and decline in very short periods, contributing to a sense of explosive growth and a dizzying pace of change.
Because of Internet time, anyone who makes pronouncements about the Internet runs the risk these pronouncements will be woefully out of date by the time someone has finished reading them. Nonetheless, here is my list of the 10 most important things Missouri lawyers must know about the Internet right now:
1. The Internet is having a dramatic effect on business and will necessarily have a dramatic impact on the business and practice of law. Dell receives $5,000,000 of orders for computer equipment off its website every day, up from $1,000,000 a day in early 1997. Cisco is selling $9,000,000 of equipment off its website daily ($4 billion expected this year) and has reduced its cost of sales dramatically. Amazon Books has created a "virtual" book store with one million titles and has become a substantial player in the book business in a very short time. The Internet is not going away. The practice of law, too, will be changing.
The Internet is allowing new businesses to be created where none existed before and old business to be transacted in dramatically new ways. Companies that use the Internet in new and creative ways, such as Amazon Books, have become major players in a number of business sectors. The Internet has also provided ways to eliminate layers of middlemen between customers and users. It is simply unrealistic to think the Internet will not have a similar impact on the practice of law. The buzz word to remember is "disintermediation" -- the process of eliminating middlemen. We are already seeing the early stages of development of successful, Internet-based legal practices, especially in the areas of intellectual property and immigration law, but the changes the Internet and electronic commerce will bring to the profession are profound and demand your thought and attention.
2. Law firms without an Internet presence or connection are already losing business opportunities. There is a well-known story of how Netscape picked local counsel for a law suit after finding the firms website. A recent Wall Street Journal article indicated that in the Silicon Valley and in other parts of the country, young technology companies have refused to hire law firms which do not have websites, e-mail or the ability to connect to the Internet. Another story worth considering is that of a company that refused to hire a law firm because the lead partner making the presentation mispronounced the word "Pentium."
Lawyers are also reporting that sophisticated clients are doing research on the Internet before talking to them. These clients then expect their attorneys to be familiar with the materials that they have already found on the Internet. There is a growing expectation that attorneys will be using e-mail and the clients can contact them by e-mail. Clients are beginning to draw negative inferences about lawyers and firms without such capabilities. Does a firms lack of technological innovation also imply that its legal work will not be innovative or current? Many of your clients and potential clients are already using the Internet in significant ways.
3. A tremendous amount and variety of legal resources are now available on the Internet. For many attorneys, the availability of the Code of Federal Regulations on the Internet, in a searchable format, is alone reason enough to be on the Internet. Many courts are publishing opinions on the Internet. State statutes are routinely available online. There is staggering amount of legal information on the Internet that can be used by attorneys who know where to look for it. A great starting place thatevery attorney should know is FindLaw (www.findlaw.com).
4. The amount of legal resources pales in comparison to the amount of highly useful non-legal information available on the Internet. The first time that the Internet really proved useful to me in my practice was when I needed to find the average price/earning ratio of timber industry stocks for a business valuation I was doing for an estate tax return. I found the P/E ratio and much more relevant information to help support my valuation arguments on the Internet.
There is a wealth of investment information available on the Internet. The Internet is also a highly valuable source for background information on subject matter of cases you might be working on or for information on clients, potential clients, competitors and adversaries. The medical malpractice lawyer, for example, can find an enormous amount of both popular and technical information.
5. Access to the Internet is vital in any practice that involves dealing with government agencies. In any practice where attorneys deal with government agencies, the websites of the agencies have become essential resources. Available resources range from agency publications to e-mail addresses of employees. As one example, I have been told by environmental lawyers that not having access to the EPAs home page is a distinct disadvantage for an environmental lawyer. Websites are one area where the government tends to be out in front of the private sector.
6. Competitors, both other law firms and non-traditional competitors, are already using the Internet successfully. If I were the owner of a high-tech computer business in Missouri, I would definitely look into using a Silicon Valley law firm. Why would I not try to locate the very best attorney to do my work, wherever he or she might be located? Law firms effectively using the Internet have been able to develop national and international specialty practices. Clients who find a law firm with a website that shows expertise in a specialty area are likely to give that firm more consideration, wherever it is located, rather than simply shop for a local law firm without the same level of expertise, especially as the Internet continues to eliminate geographic barriers. As a result, the Internet is opening up law firms to non-local competition.
In addition, the Internet is giving non-traditional competitors access to parts of the legal market. One example is Nolo Press (www.nolo.com) which provides self-help legal forms and resources. If a consumer can obtain a simple lease or will and some basic advice for a few dollars over the Internet, why would they pay a lawyer a few hundred dollars to do the same thing? Your marketing may have to focus on the answer to this question. Law firms have to be attuned to non-traditional competitors (accounting firms, banks and others) who may be able to enter niche markets or service certain segments of the legal consumer base via the Internet. In fact, legal publishers, accounting firms and consultants are using the Internet in innovative ways to make inroads into traditional legal practice areas.
7. Websites are a cost effective component of your marketing plan and for certain firms and practices there is a certain expectation that you will have a website. Some people cannot see the benefit of having a website or remain unconvinced that a website can generate income. Focus instead on the cost side. A website can justify itself simply by the cost savings it generates. Have you done a brochure, but find hundreds of them still in boxes? Put the brochure on the Internet as a Web page. Even a simple "brochure" website can be updated very inexpensively on a regular basis at a substantial savings in printing and postage costs. Most, if not all of the larger law firms in the United States have websites on line or have plans for websites. It would be unusual to find an intellectual property firm that does not have a website.
Unlike a brochure or a mailing, a website works for you 24 hours a day and seven days a week. A website can have interactive features and direct your marketing efforts to a very targeted audience. The great majority of the National Law Journals Top 250 law firms have websites, as do thousandsof smaller firms and solos. In many cases, the most innovative and successful websites are those of individuals and small firms.
8. E-mail has become an essential application and listservs can provide information to help you in your practice. The Internet is not just websites. For many users, Internet e-mail is the most important Internet application. E-mail allows you to save money by reducing long distance phone calls. E-mail attachments can take the place of faxes. There is a growing expectation on the part of clients that professionals will have an e-mail address and be able to respond to their e-mails.
Listservs are e-mail mailing lists. When you subscribe to a listserv, you join a group of other users and will receive copies of all e-mail sent to that list. You also have the ability to respond to any message you receive and everyone on the list will receive a copy of your response. Listservs work like large discussion groups. Many practice-specific e-mail lists exist and are populated by some of the leading names in each of these specialties. Listservs provide an excellent way to keep current on developments in your specialty. They also provide a way for you to ask questions, to get advice from other attorneys in your specialty, and to participate in discussions with others who are knowledgeable and interested in your field.
9. A website can allow you to focus, expand and even re-energize your practice. Your own website or your portion of your firms website can be an excellent way for you to focus your marketing efforts and to develop your specialty or expand into new areas of law. Because the development of a website is likely to be a more creative effort than some other aspects of your legal practice, your work on a website may provide you with energy and enthusiasm that might have been missing from your practice. Websites tend to evolve, and a good website can allow you to shape and grow your legal practice in ways that you might not have thought possible.
Dont wait for your firm to put up a website. As the commercial says, "Just do it." Many websites were done by lawyers who would not wait any longer for their firms website to be approved and finalized. If your firm has a website, take over part of it as your own.
10. An Internet presence is becoming essential for attracting and retaining the best young lawyers. The Internet generation is now coming into the practice. Some larger law firms think that the recruiting benefits of having a website, in and of themselves, are sufficient grounds to implement a website. It is difficult to find a law student who is not a regular user of the Internet. Because law students are used to a high level of technology, they are disappointed with what they are finding when they move into the practice of law.
Many law students have expressed their disbelief to me that they are still finding the blue and white Wordperfect 5.1 for DOS screen on computers when they start working at a law office. Many of these students have used only Windows programs for many years and take high speed Internet access for granted. A law firm that does not have a website will not present an attractive image for new recruits. A law firm that does not update its technology will have trouble retaining its best and brightest new hires. The next generation of lawyers sees technology in a completely different way than does the current generation of lawyers. Firms that do not appreciate this fact will pay a price.
Bonus quote. While these 10 reasons set out many of the business and professional rationales for being on the Internet, I find most compelling this quote from Dennis Waitley, the motivational expert: "If you do not become Internet literate, you will not be able to play with your kids and grandkids, to help them with their homework, or to communicate with them in the ways which they communicate."
See you on the Internet.
Appendix A
Dennis Kennedys Ten Most
Important Legal Websites:
A Highly Opinionated List
10. Nolo Press (www.nolo.com)
What is the shape of legal competition to come? Nolo Press is a lega publisher known for its self-help legal reference books. Its website is an excellent example of a consumer-oriented legal information site that illustrates from where future competition on the lower end of the legal market may come. The site has a very useful legal encyclopedia and answers basic legal questions. Think about this question: If I am a landlord and want to get a lease form, why would I not go to a website where I can get some basic legal information and a basic, even customizable, lease form for a few dollars rather than employ a lawyer to do the same thing?
9. Redstreet Consulting (www.redstreet.com)
What are other law firms doing on the Internet? Redstreet Consulting is a new venture of Erik Heels (see also www.heels.com), one of the lawyers who has pioneered the use of the Internet. He was the originator of "The Legal List," the first major collection of legal resources on the Internet, and writes a monthly column for the ABAs Law Practice Management magazine. Everything Erik has to say about the Internet is worth reading. This site collects some of his articles and also provides links and reviews of the websites of the National Law Journals "Top 250" law firms. A website to watch.
8. Hale and Dorr (www.haledorr.com)
What should your law firms website look like? Hale and Dorr was one of the first law firms to have a website. The thoughtful and organized approach it has taken has set the standard for the basic law firm website format. In fact, many commentators (including me) simply refer to the "Hale and Dorr model." You will want to look at many other law firms websites to get ideas for your firms website, but you will definitely want to consider the Hale and Dorr approach. Most law firms websites represent, in one way or another, a response to the Hale and Dorr model, either accepting or rejecting its approach.
7. LegalOnline.Com (www.legalonline.com)
Does anyone rate legal websites to help you find which are the best? Legalonline.com has an annual list of the "best" legal websites in a wide variety of categories. The website also has a monthly listing of "5-star" websites arranged by subject matter. With its consistently good choices, Legalonline. com has become a great place to find excellent legal websites.
6. Legalethics.com (www.legalethics.com)
What is the impact of the Internet on legal ethics? Legalethics.com is an excellent resource on the ethical issues raised by the Internet. It has a comprehensive list of articles, links to bar associations and other sites, and is kept current and up to date. It is an excellent model for anyone who wishes to develop a website of legal resources.
5. The Virtual Law Library (www.law.indiana.edu/law/v-lib/lawindex.html)
Where do you find a comprehensive list of legal resources? The Virtual Law Library is one example of a project to create subject matter libraries on the Internet. The Virtual Law Library is a project of Indiana University and attempts to collect all legal resources and categorize them. It is a great example of this type of website. Its aim is to be comprehensive and it is a good starting point.
4. Findlaw (www.findlaw.com)
How do you find legal resources in an efficient way? Findlaw takes the notion of the Virtual Law Library one step further. It provides a way to search for legal websites in an efficient and effective manner. You can think of it as a Yahoo for legal resources. The people of Findlaw have also done an excellent job of categorizing legal resources and providing other valuable information. I usually recommend FindLaw as the best place to start legal research on the Internet.
3. Counsel Connect/Law Journal Extra (www.counselconnect.com and www.ljx.com)
How do you keep informed about current developments? The parent company of Counsel Connect recently bought Law Journal Extra. I have included both sites on this list because Im not sure how long they will be kept separate. If this merger hadnt been announced, I would have included each site on this list of the top 10. Counsel Connect isa pay site, although it has a public entry with limited access to some of its resources. It provides a lot of resources, continuing legal education programs, chat and mailing lists, and is geared to the practicing attorney. Law Journal Extra is the website of the National Law Journal, New York Law Journal and related publications. The Law Journal Extra website is a model of how a publication can transfer its content to the Internet in a useful and friendly way. The Law Journal Extra site makes available articles contained in each of its publications and is well thought out, organized and current. I find that the LJX website is one that I return to on a regular basis.
2. A Practice Specific Page.
What is your starting point on the Internet? Most attorneys are going to find one website that they use on a consistent basis. In general, this website will be a website keyed to their specific practice area. For example, if you are an estate planner this page might be my "Estate Planning Links Web Site" (http://members.aol.com/dmk58/eplinks.html). An intellectual property attorney might find that he or she returns on a regular basis to the Patent Offices website. Generally your practice-specific website will provide a list of relevant links to other resources, articles and updated information and keep you current on your practice area. Once you identify such a website, you will undoubtedly find that the Internet becomes a much more useful and effective place for you in your legal practice.
1. [YOUR WEBSITE GOES HERE]
Where is your page? Over time, the most important page on the Web will become your own home page. If you do not have a website, it is time to get started.
Appendix B
Other Great Law-Related Websites
Links to all of these websites can be found on my Estate Planning Links Web Site (http://members.aol.com/dmk58/eplinks.html), which also provides links to my articles and my monthly legal tech column for Lawyers Weekly USA (www.lweekly.com). My website has always been intended as a means to help people get on the Internet and make it useful for them. I hope that you find the pages helpful. My website will be moving to www.denniskennedy.com/eplinks.html.
Start with these excellent websites (for convenience, "http://" not included) and follow some of the directions they lead you:
AllLaw
www.AllLaw.com (Capital "A" and "L" are required)
American Bar Association
www.abanet.org
ABA Law Practice Management Section
www/abanet.org/lpm/
Bar Association of Metropolitan St. Louis (BAMSL) Page
www.bamsl.org
BAMSL Internet Committee page
www.bamsl.org/inet/
BAMSL SASFIRM Page
www.bamsl.org/sasfirm/
Bennett & Bennetts Mo. & Fed. Legal Resources
www.rollanet.org/~bennett/leglref.htm
Best of the Web for Lawyers
www.legalonline.com/bestoweb.htm
Big Ear: Current Legal Resources
barratry.law.cornell.edu:5123/notify/buzz.html
Brobeck, Phleger & Harrison
www.brobeck.com
Burges Bookmarks
www.abanet.org/lpm/magazine/tu957.html
Business Researchers Interests Page
www.brint.com
CataLaw
www.catalaw.com
Court Rules Central
www.sound.net/~duncan10/
Courts on the Internet
www.legalonline.com/courts.htm
FedLaw
www.legal.gsa.gov/
FedWorld
www.fedworld.gov
FindLaw: Law Reviews
www.findlaw.com/lawreviews/index.html
Florida Bars Law Office Management Assistance Service
ww3.pwr.com/LEGAL/FLABAR/Member/LOMAS/toc.html
Georgetown University Law Center
www.ll.georgetown.edu/lc/
GSU College of Law Meta-Index
gsulaw.gsu.edu/metaindex/
House of Representatives Internet Law Library
law.housegov
Internet Lawyer
www.internetlawyer.com
Internet Legal Practice Newsletter
www.collegehill.com/ilp-news/
Internet Research and Resources 101
www.llrx.com/extras/netuser/sld001.htm
Internet Tools for Attorneys Home Page
www.netlawtools.com
Law Library Resource Xchange
www.llrx.com
Law Links: U of Chicago-Kent
www.kentlaw.edu/lawlinks/index.html
Law Marks
www.cclabs.missouri.edu/~tbrown/lawmarks/
Law Tech and Management Express
www.ljx.com/firmmanagement/express/
LawCrawler
www.lawcrawler.com/index.html
Lawyers Weekly USA
www.lweekly.com
Legal.Onlines 5-star Web Sites for Lawyers
www.legalonline.com/paststars.htm
Legal Research Using the Internet
www.lib.uchicago.edu/~llou/mpoctalk.html
LOIS
www.pita.com
Mark Welchs Estate Planning
www.ca-probate.com
Martindale Hubbell
www.martindale.com
Microsoft - Industry - Legal
www.microsoft.com/industry/legal/
The Missouri Bar
www.mobar.org
Missouri Lawyers Weekly
www.missourilaw.com
Motivating Lawyers to Learn About the Internet
www.ali-aba.org/aliaba/consult.htm
NetEthics Committee (Ga. Bar)
www.computerbar.org/netethics/
St. Louis University School of Law
lawlib.slu.edu/home.html
Substantive Law on the WWW
www.mother.com/~randy/law.html
THOMAS: Legislative Info on the Internet
thomas.loc.gov
VersusLaws Cases on Demand
www.versuslaw.com/COD/info.htm
Washington University School of Law
www.wulaw.wustl.edu
Webbernaut Awards - Best Legal Websites
www.webcounsel.com/wbrntlist.htm
Wests Legal Directory
www.wld.com
State Bar of Wisconsin
www.wisbar.com
--Mr. Kennedy is a partner in the Estate Planning Department of The Stolar Partnership in St. Louis. He writes the monthly legal technology column for Lawyers Weekly USA. His "Estate Planning Links Web Site" (http://members.aol.com/dmk58/eplinks.html) was recently highlighted in the Wall Street Journal and listed as one of "The Best Online Tax Sites" in the Journal of Accountancy. Mr. Kennedy graduated cum laude from the Georgetown University Law Center in 1983 and is a frequent speaker and writer on Internet and technology topics.
© 1998, Dennis M. Kennedy