Worst case scenario? Already living it…and making it work…

June 10, 2010

Matt Cheuvront runs a blog called Life Without Pants, which “is a place where no one is afraid to speak their mind, no one is afraid of failure, and self doubt is a distant memory,” as he describes it. I follow Matt on Twitter (surprise surprise), and he recently tweeted a new post, Words of Wisdom from a Newbie Entrepreneur.

He makes a point that his path may not be the one to follow, but he offers some good pointers. The first one, Identify and Understand your Worst Case Scenario, rang true for me since, well, I’m living it. No identification required.

Like Matt, I was “thrown toward” this path when I got laid off in April 2008. The markets hadn’t tanked quite yet, so there were still job opportunities but as that summer progressed, and the markets continued to sink, job opportunities evaporated rather quickly. It is a well-read story now, but I suspect that there are many others like Matt and myself who find themselves in this “thrown toward” situation.

Me, I was bound and determined to get a job, any job, that would allow me to remain in the city and continue my graduate school studies without having to take out student loans. I landed one short-term contract before all leads evaporated. My worst case scenario came true in October 2008: packed up and moved home after taking out an amount slightly above the minimum amount of student loans required to finish my degree. I spent all of 2009 coming to gripes with this new reality while working a contract job and attempting to start a business. The contract job worked out well for me, kept me occupied which, in hindsight, meant I didn’t think much about starting a business. I didn’t think much about “something tangible,” as Matt mentions.

He makes another good point about “9 to 5” work. There is absolutely nothing wrong with returning to “Corporate America.” I returned briefly myself. A note of caution, though: going back to “Corporate America” can be quite a shock to the system.

I also agree with Matt that there is no “right” or “wrong,” you just have to do what you want (or need to do), and it also helps to know what that is. Sometimes, too, it may not turn out to be what you originally thought. And there is nothing wrong with that, either.

It’s been two years since I was laid off, and though I am living my worst case scenario, I’m finding ways to make it work. As much as I loath being back in my parents house, it has the benefit of keeping my operating costs extremely low, if completely non-existent. I do not expect it to stay that way, but it does allow attention to be focused elsewhere instead of solely on money to pay bills. In addition to low (if non-existent) operating costs, my commute is incredibly short. My commute is a flight of stairs, which is far better than 1.5-2 hours I used to spend commuting.

With that in mind, I am inclined to agree that “worst case scenario” is almost always worse in your head than it is in reality. In your head, you are inclined to forget that you do have a support network, family, friends and colleagues, who can help in ways you may not have considered until reality knocked and said hello.

Whether you find yourself longing to start your own company, or whether you’ve been “thrown toward” it like Matt and myself, take some time to think it through. Find that “tangible” aspect, and go from there. Speaking from experience, it makes a difference.


Where are the Open Source Sessions at Legal Conferences?

June 8, 2010

I was looking at the schedule for ABA TechShow 2009, and at the top it says “What won’t you learn?”

The answer now seems obvious: you won’t learn anything about open source applications.

And not just at TechShow, but at most legal conferences, and I’d wager at most legal gatherings: MILOFest, State Bar of Texas Annual Meeting, Inside Counsel Superconference…the list goes on. Granted, open source applications may not apply, but if the conferences/gatherings can discuss social media, alternative billing and topics that signal a shift in legal practice, why do they ignore open source? Especially as the legal profession continues to struggle on the labor front. Lawyers are still being laid off, and there are solo and small firm practices popping up with smaller budgets that can benefit from open source. They can benefit, if they know about it.

Open source is gaining traction in the legal professional, sure, which is another reason it strikes me as odd that open source is being ignored by legal conferences and gatherings. Not all, to be sure. Some local bar associations have had speakers come in and talk about open source, and when I’ve written about open source for lawyers, I get emails happy to see someone else talking about it. There are signs of life, but it remains a minority, more so than Macs in Law Offices, I’d wager.

So what is it about open source that prevents legal conferences from having any session related to it? Lack of presenters? Or perhaps no one has suggested the topic? No one has submitted a presentation on open source? Fear of lack of interest? Perceived lack of value?

I’m interested in your thoughts on this, especially people who run these conferences. I think open source sessions are needed. What do you think?

Open Source Applications Gaining Traction in Legal Profession

May 25, 2010

I co-wrote an open source article with Dennis Kennedy that was published in Law Practice Today last month, and just reading over it again, it occurred to me how much traction open source has gotten in the legal professional in the last year. There are a number of factors at work, the economy being a main motivator. Two other factors come to mind: a more tech-savvy crop of lawyers, and the willingness to change.

A more tech-savvy crop of lawyers has entered the market, and as numerous articles have pointed out, have entered a dismal job market and have been encouraged to consider alternatives. Some may consider starting their own practices, and find that open source applications allow them to invest in growing their business instead of in technology for a business they don’t have yet.

The current crop of lawyers is more willing to change, more willing to look at open source applications as viable options for any number of things, like websites. My lawyer brother, for example, is using Joomla! for his website. And, no doubt, there are a number of lawyers you know using WordPress, for their websites and blogs. It, too, is an open source application that can be integrated into your site (Passen Law comes immediately to mind) or set up under the wordpress.com domain to get started  (Nash and Associates comes immediately to mind), and integrated later.

So in the year since I started this blog, it is encouraging to see open source applications make more than shallow inroads into the legal profession. I’m excited about what the next year will bring.

Without further ado, here is the article from the April 2010 edition of Law Practice Today:

Will Free Fit into Your Technology Budget? An Open Source Software Primer for the Solo and Small Firm Lawyer
By Dennis Kennedy and Gwynne Monahan

It’s time for all lawyers, but especially solos and small firms, to learn more about Open Source software.

Whether you’re just graduating law school or have been laid off from a firm or forming a contingency plan, hanging out your own shingle is attractive and empowering. There is nothing quite like being your own boss. You get to set your own schedule. Choose your own clients. Do your own research. Argue your own cases.

You also get to be your own budget director and IT director. A challenge in being a solo practitioner is reconciling the various conflicts that come with being the boss, marketing, budget and IT director. One of the most common conflicts is the cost of the technology you want versus what you can afford. If you worked for a large firm, you may be used to having all kinds of applications installed and supported by an IT department. You now are running all of these things. And you may be in for sticker shock as many applications used by large firms are expensive, and beyond your current budget.

But what if you could get the software you need, for free, to get a solo practice up and running? That’s now an option with a class of software known as “Open Source.” Open Source software is available for free, often has a good reputation on features, performance and security, and is especially attractive to law firms who do not want to live exclusively in a Microsoft world. It’s time for all lawyers, but especially solos and small firms, to learn more about Open Source software.

Open Source 101

Using the term “Open Source,” in the context of computer software, around non-intellectual property lawyers tends to elicit blank stares. They might understand the general concept of “open,” often referencing state Sunshine laws and President Obama’s Open Government Directive. Both strive to achieve another buzzword: transparency. The American public has a right to know what its elected officials are doing, and state Sunshine laws, the Open Government Directive and the Freedom of Information Act are tools employed for greater transparency. When it comes to computer software, the same line of thinking applies.

Open Source in the world of software refers to the type of licenses associated with a certain set of programs, now numbering in the thousands. At the heart of Open Source is the principle of eliminating restrictions on the ways people can use, and improve, the software. The software is free, in two senses of the word.

First, as Open Source advocates often say, the software is free as in speech (freedom and transparency). Open Source licenses give users liberal rights of use, access to source code (the actual software programming code written by programmers) and the ability to modify the source code and corresponding documentation, or create new code and documentation. Open Source software and Open Source principles have played a key role in the development of the Internet. To learn more about Open Source licenses, visit the Open Source Initiative Web site (http://www.opensource.org) .

Our focus in this article will be on the second sense of “free.” This software, with some exceptions, is, as Open Source advocates often say, free as in beer (cost). Except for those rare lawyers who enjoy playing around with source code, the most attractive thing about Open Source software is the price: $0. Open Source alternatives, such as OpenOffice, Paint.NET, GIMP, WordPress and others offer the same functionality (or, in some cases, more so) than commercial software products for $0. Though OpenOffice, Paint.NET and others appeal to techies and non-techies alike, it is still a change away from customary applications. That change, however, comes with no financial investment—you will not spend hundreds of dollars on an application that, in the end, you don’t like or doesn’t do what you thought it would.

Another important feature about Open Source software is that it is developed, maintained and supported by volunteer communities of programmers. There is not a “vendor” in the classic sense that sells the software. No 1-800 numbers to call that send you into voice-mail oblivion. No Help Desk e-mails that do everything BUT answer your question. Instead, you are free to read and edit the documentation, post to forms, wikis and the like. In some cases, you can communicate directly with the programmer or developer. Odds are good, especially with popular programs, others have had a similar question, and through the wisdom of crowds and people just like you, the question is answered quickly and directly. To be sure, it’s a different type of approach than what you have been groomed to expect, but it is effective.

The Case for Open Source

Consider the example of the “suddenly solo” lawyer who has exited a large firm. This lawyer was used to the vast software resources available at a big firm, and now sees that such software comes with a hefty price tag. Specialty software like case management systems, corporate intranets, Web sites and the like can be expensive up front, and expensive to maintain. This expense has a direct impact on cash flow.

Cash flow is one of the biggest concerns for the start-up firm. You improve cash flow either by increasing collected revenues or reducing out-of-pocket costs. In a perfect world, you would be able to consistently collect revenues and forever be reducing out-of-pocket costs. We know the world is far from perfect, but especially in today’s economy, you have more control over cutting costs than you have over generating fees and actually collecting payments.

Open Source software offers a way to cut costs in order to improve cash flow, particularly in the early stages of a firm. The cash you save on software can be used for other purposes, like meeting payroll or paying yourself so you can make your mortgage payments.

Using Open Source software not only helps cut costs, but it also helps you get through a start-up period until revenues become more stable. Open Source software lets you take care of basic tasks, like drafting and time-tracking, while you evaluate your needs for more specialized software, and provides functionality for support staff who just need to take notes, review drafts or do other tasks that do not require full-featured software.

A few years ago, Open Source applications probably were not realistic choices for any but the most adventurous and tech-savvy lawyers. Installation required knowing how to navigate and configure the innards of a computer through commands. Much has changed in the last few years, including its increased adoption in the marketplace.

Here are a few examples. Open Source software is frequently referred to as the software that powers the Internet. Apple’s operating system incorporates Open Source code. Google uses Open Source as well, in both its search technology and in some of its applications, such as its Chrome browser. Many people now use the Firefox browser instead of Microsoft Internet Explorer, and many people have at least heard of Open Source operating systems like Linux and Ubuntu, applications such as Audacity, GIMP and OpenOffice, or the Google Android phone operating system.

Many Open Source programs have now been around long enough to have matured into solid and well-reviewed programs. As we mentioned before, the software developer and user community is often helpful in answering questions and fixing problems. However, not all Open Source programs are as “user-friendly” as commercial programs. There may be a learning curve, and help manuals and tech support might be minimal, especially if the project is new and has yet to garner support. On the other hand, you might find that the actual software author is answering your question and fixing your problem.

Open Source applications can dry up and disappear if there is no support internally or externally, but the same thing can also happen with commercial programs, especially after mergers and consolidations. The difference with Open Source, however, is that the program can be picked up and further developed by someone else, and made available again at no cost. That is not always the case with commercial programs. If a merger or consolidation causes a particular application to be cut, that is the end of the application and all of its support.

A Realistic Approach to Open Source

Properly understood, Open Source should be considered as just one part of your software portfolio. There is not an Open Source alternative for every type of application. And the computer you are using or buying will most likely already have an installed operating system, such as Windows or Mac OS X, a trial version of Microsoft Office, a Web browser and a number of other programs. These programs can vary widely if you purchase an Apple or a PC, so you will want to take an inventory and play around with the different applications, and then incorporate Open Source programs to fill in the gaps.

Think of routine tasks that you might take for granted in a law firm—time-keeping, simple graphics or photo-editing, chart creation, file uploads or encryption. You might not want to try to find the “best” commercial software for each of these tasks, especially if your usage of the tools will be minimal or sporadic.

If you have only a few clients or matters to start, you might want to find a simple, free program that will let you keep track of billable hours and generate simple reports that you can use as invoices. Or you might want to touch up or enhance a few photographs for some quick marketing materials, but have no need for Adobe Photoshop. Uploading some files to your Web site might be another example. In each case, you can find a free Open Source application that will handle the task. Firefox, the well-known Open Source Internet browser, lets you add a huge variety of plug-ins, giving you free additional functionality to your browser. Being able to accomplish tasks from a browser, like uploading files to your site, also means you’ll spend less time opening, closing and generally rotating between applications, making you more efficient at the “business tasks” so you can focus on the “lawyering tasks.”

Step up another level and you’ll find Open Source programs for invoicing and accounting, e-mail and instant messaging, document management and project management. There are thousands of Open Source programs, and many of them are highly regarded in their categories.

And then there’s OpenOffice. OpenOffice is a free alternative to Microsoft Office. It gives you the whole suite of office tools—word processor, spreadsheet, presentation tool and database. OpenOffice has been around for a long time, with many users from a variety of professions. Perhaps most important, from a lawyer’s perspective, is its ability to handle and produce documents in Microsoft and WordPerfect formats. Since a copy of Microsoft Office 2007 (soon to be Office 2010) will run you at least $300, OpenOffice is a simple, cost-saving alternative. Granted, you might be able to afford $300 for just you, but perhaps not the cost of Microsoft Office licenses for your secretary or staff. And there might be more functionality in Microsoft Office than any support staff needs, making the investment wasteful. OpenOffice, on the other hand, presents a no-cost alternative for staff who don’t need full-blown versions of Microsoft Office. And even if your firm is just you, you’ll eventually grow. OpenOffice will allow you to expand your staff without additional Microsoft licensing costs.

Although probably still best left for the adventurous and techie solo, Linux and other Open Source operating systems offer alternatives to Windows and Apple operating systems. The current “distributions” or varieties of the Linux operating system have become more user-friendly and more commonly used than before. Ubuntu Linux is often found on inexpensive netbooks. An inexpensive netbook loaded with Open Source programs is another option for providing “just enough” technology for staff as cheaply as possible, or to help you stay productive while traveling to client sites, conferences or other work-related events.

Five Steps to Get Started

Choosing any type of software is never an easy decision. You need to balance your technology needs with your technology budget. Sometimes what you want now, you can’t afford now. Open Source can certainly help on the budget front, and here are five steps to help figure out your technology needs:

1. Inventory. Take an honest inventory of your software needs and what you can afford to spend on technology right now. Identify areas where there is an intersection of high cost, limited use, and difficult or lengthy decisions required to select software. These areas are the places to look for Open Source alternatives.

2. Basics. Get grounding in the basics of Open Source beyond the brief summary in this article. As with any technology, there are subtleties and nuances that, if known upfront, can make the decision, and the implementation process, much easier. The Wikipedia entry for “Open Source” (http://en.wikipedia.org/wiki/Open_source) is a good starting point. Eric Raymond’s classic article, The Cathedral and the Bazaar, can’t be beat for an introduction to fundamental Open Source concepts ( http://www.catb.org/~esr/writings/cathedral-bazaar/cathedral-bazaar). If you’re more the auditory type, preferring to listen to something while performing other tasks, check out the University of California – Berkeley’s Information podcast on Open Source in iTunes U, the education section of Apple’s iTunes.

3. Choices. Learn what your choices really are. Again, not every commercial piece of software has an Open Source alternative. A good way to get an idea of what is available, or to sample of the variety of programs, find specific programs, and learn about various Open Source projects, is by using Sourceforge ( http://www.sourceforge.net). Sourceforge offers a search engine you can use to find programs based on keywords and other search techniques. Need a time-tracking tool? Do a search for “time tracking” and see what programs might suite your needs. At Sourceforge, you will find “home pages” for the programs, downloads, and other information. Another simple way to find programs is to add the phrase “open source” to a Google search.

4. Diligence. Do some due diligence. Search for, and read, reviews and other information about a program. Note the last date of release and the activity in the program discussion groups. CNET and PC magazines often review Open Source programs. There are some excellent blog posts and articles listing the “best” Open Source programs that offer helpful starting points (e.g., http://www.quickonlinetips.com/archives/2009/06/open-source-windows-applications/). Click2try (http://www.click2try.com) offers a way to test programs before you install them. You might be more willing to take a chance on a program that’s free than one that costs hundreds of dollars, but you don’t want to be foolish, either.

5. Simple. Start simply and smartly. Experiment with a few popular programs and some utility that addresses some of the gaps you have identified. Build from what you learn from each experiment.

If those five steps seem daunting, consider finding an open source technology consultant, or talk to other lawyers who use Open Source applications. Open Source consultants can help you quickly identify, research and implement applications to fill the gaps for the “business tasks” so you can stay focused on the “lawyer tasks,” the tasks that will make you and your firm a success.

Does Open Source Make Sense for You and Your Practice?

t now makes good business sense, as well as practical sense, for lawyers and law firms to add Open Source options to the technology decision-making process. Open Source can be an attractive choice when you need to cut costs, don’t have any budget or simply want to delay decisions on buying expensive commercial software. We also like Open Source programs like OpenOffice as a way to save money and outfit personnel who don’t need full-featured software. With the high cost of software today, consider adding Open Source software to the mix whenever evaluating new software purchases. As a side benefit, supporting Open Source efforts also makes the software world less monocultural and more open than it currently is.

Work/Life Balance in a Name

January 18, 2010

Over on the TotalPMA Discussion board, there is a thread asking “What are we really balancing?”

Fair question, and there seem to be a number of “work/life balance” articles, opinions and what not appearing these days. I’d wager it is a natural progression as we all come to grips with unemployment remaining high and life as we knew it in 2008-2009 vanishing in 2010.

In the thread, I pose the option of changing “balance” with “managing competing interests” since the phrase “work/life balance” is becoming another casualty of “overuse.” Kevin Chern expanded on that, asking “how can we make work fall in sync with other aspects of our daily life?” At the time, I was reading The E-Myth, which discusses the different between working “on” your business and working “in” your business, and my observation that it is key to distinguish between your “business” and your “life.” Kevin asked what ways I make that distinction, and at the time (December 2009) I didn’t have an answer.

As I work on building a more professional-looking corporate website for my business, one thing just jumped out at me that has been brought up a few times: my company name, Shadow Froggy Consulting.

If you survey the legal landscape, you’ll notice that the majority of firms are named after, say, the founding members. It is either the first and last name, perhaps a middle initial as well, if they are going solo. Or it is a string of last names. Either way, the name of the firm is the name or names of the founders. Consider it standard law firm naming etiquette.

If you survey the legal consulting landscape, it follows a similar vein. The underlying assumption is that if you are going to have law firms as your clients, then you must follow established conventions, such as naming your firm “Buddy Pal Consulting.”

Please note that I see nothing wrong with that. A name can be a very powerful thing, a very powerful brand like Wal-Mart or Disney. Unlike those names, and the names of many law firms (Jenner & Block, Winston & Strawn, Latham & Watkins come to mind), my name is difficult to spell. If you misspell my first name, you don’t find me. If you just use my last name, you don’t find me. Or, I should say it takes some effort to find me. It’s a rather popular last name, and most people automatically assume I spell my first name G-w-e-n which I do not.

From a practical stand point, breaking with the law firm/legal consulting tradition makes sense. The name, Shadow Froggy, is unique enough people will remember it (and yes I know my name is unique enough that people remember it), and it is also easy to remember how to spell!

Another benefit popped into my head when reading Kevin’s question: it creates a definition between my “business” and my “life.” My name is affiliated with the business instead of being the name of the business. That may sound overly simplistic, and perhaps ridiculous, but when people place so much emphasis on “brand development,” it becomes a very important distinction. The “brand development” of Shadow Froggy can reflect my own “brand development,” as it were. It can embrace my work ethic (as it must, to some extent since, well, it is just me at this point), philosophies, etc. At the end of the day, it remains very much a business entity. It can change hands, it can fold (eek!), it can thrive and prosper as its own entity.

I don’t know if that makes much sense. It is a little harder to articulate than I expected. My point is that the name of my company, being different from my own name, creates a separate compartment. So when I am with my nephews and they call “Auntie” or “Auntie Gwynne,” I think of me instead of my business.

My company name being different from mine also makes me easier to find online, if for no other reason than Shadow Froggy is easier to spell. Wouldn’t you agree?

Nvu, a Web Authoring Tool Lawyers Can Use

January 15, 2010

My lawyer brother (not my Wall St banker brother) is starting his own practice, and we’ve had a few discussions about technology for the law firm, marketing, building a website, blogging, etc. He came over last week, wanting to set up a website but wanting to do it himself. So I showed him how to look up domain names , since he had some in mind, I showed him a few hosting options and the pros and cons of them. He asked what hosting company I used and I told him: HostGator.

We went through the process of purchasing a domain name, setting up a hosting account and then he wanted to put up a page. He had written a letter, one version which seemed to fit well for the Web but he didn’t know how to get it from Word to his website. HTML is a foreign language; he just wanted to copy/paste and do some tweaking, but he wanted to see the design, not the code.

Most people think of Adobe, specifically Dreamweaver, when it comes to viewing the “design” of a website instead of its code. Dreamweaver is expensive, even without Photoshop and the other Adobe Creative Suite applications. And if HTML is unfamiliar to you, or you are just learning, the expense is unnecessary.

Enter Nvu, an open source Web authoring tool.

It has all the features of Dreamweaver, including a “Design,” “Source” and “Split” view. It has a WYWSYG so you can add bullets, bold, italics and such, just as you do in Word. Insert images, links, tables, forms…you name it. Nvu works on Macs and PCs and yes, the source code is available if you feel like being adventurous.

My brother downloaded it, copied and pasted his letter from Word, made a few changes in “Design” mode. I showed him how to upload the file to his website, and he posted his first page. Of course there is still much to be done. It lacks standard navigation and features typical of websites today, but the point is that a non-technical lawyer can create the beginnings of a Web presence without much effort, and at little cost.

It’s exciting to see a lawyer embrace technology, and find that it is not as scary or as complicated as it seems. And you don’t need expensive software applications to get the job done, either.

Needless to say, I’m looking forward to the next steps!

A Word on the Ethics of Ghostwriting

January 12, 2010

A link popped up in my Twitterstream to an article about the ethics of ghostwriting, namely whether or not freelance ghostwriting is ethical. It points out that ghostwriting is a common practice, and widely accepted in areas such as publishing and business. It leaves out other areas, such as speech writing and technical communication. Look at the User Guide or Quick Install Guide the next time you purchase an electronic gadget, and tell me where it lists the author of the document. Yes, the author of the document, not the manufacturer of the gadget or the company selling the gadget.

A keyword in the debate is “freelance,” which implies that those hired as full time employees maintain a higher ethical standard than contract, or “freelance” employees. Having been both, now, that assumption infuriates me. Whether or not I am a full time employee or a contract employee, I expect to be held to the ethical standard set forth by the company. And as a ghostwriter, I am fully aware that my name will not be used in publication. I am not being hired to tought my own thoughts and ideas, I am being hired to help another shape his or her thoughts and ideas. I am being hired to create content, not to pontificate on a subject (which is one reason I have this blog).

I’ve been a ghostwriter for most of my professional career. When I worked as an online marketing coordinator for a boutique Web development company in the Loop, I wrote content for its website as well as client websites, PPC ads and email marketing campaigns. My name didn’t appear as a byline. The only people who knew I wrote the content were the people at the company.

As a technical communicator before I got laid off, I only put my initials in the footer of the document in order to keep track of who was working on what part. I did something similar for a large content migration project that required a content entry manual, with no expectation that my name would appear in the final draft that was disseminated to the company at large. In essence, I was creating the initial document for them with the full expectation of turning over its updating and maintenance to them.

And now, I blog for law firms. I’ve come to think of it as doing the footwork, or the “heavy lifting.” Doing some of the “non-lawyer” stuff so lawyers can focus on what they do best: lawyering.

Using suggested topics and coming up with my own, then doing some research and writing a draft which they are free to edit and tweak as they see fit. I am no expert in a specific area of law, nor do I claim to be. As I say, I know enough about the law to be dangerous, but not deadly. To blog successfully for law firms requires being dangerous, not deadly, so it fits well. I am not hired to dispense legal advice, provide a legal opinion or perform any kind of “lawyerly” duty. I am hired to generate well-written, educational (perhaps insightful), user-and-search-engine-friendly content.

Many people, both ghostwriters and companies that hire ghostwriters, make the mistake of assuming they can just jump right in, that checks and balances are unnecessary. And this is when ghostwriting strays into “unethical” territory. People and companies get portrayed as something they are not, or they peddle results that are grounded in dollar signs instead of data. The medical profession got publicly chastised for that last year.

Both ghostwriters and companies that hire them need to establish checks and balances. A company should feel comfortable monitoring the work of a ghostwriter until it is clear the ghostwriter is not only comfortable with writing assignments, but consistently delivers in tone, style and substance. The ghostwriter should not feel insulted by this. It is not a knock against his or writing ability, it is the equivalent to the 90 day “trial” period experienced by every new employee. The two of you are getting to know one another. And yes, sometimes it can take more than 90 days. I’ve always found the 90 days to be rather nerve wracking as there was the chance of being let go. Once you’re enrolled in “benefits,” however, that chance diminishes.

If there are checks and balances in place, ghostwriting becomes a means for individuals like myself to earn a living while helping companies, be it Fortune 500s to small companies across a broad range of industries, maintain an effective and consistent presence.

And I’m fairly certain this will not be the end of the discussion on ghostwriting.

Behind the Scenes of the Texas Bar Journal Article

January 6, 2010

To start the year off, I wrote an article for the Texas Bar Journal on open source applications for lawyers, Open Source Software Helps Lawyers Cut Costs, Increase Productivity (PDF). The opportunity presented itself through Twitter, naturally. John Sirman contacted me via Twitter, asking if I’d be willing to write an article on open source for lawyers. Nothing too fancy, nothing too technical, but he thought it a good idea to weave more open source info into the Texas Bar Journal.

Nothing too fancy. Nothing too technical. Perfect. I’m not a big fan of fancy or technical. Too many bells and whistles and the substance gets lost. All flash and no substance, as they say. So of course I jumped at the chance.

To be perfectly honest, I was a wee bit nervous. Aside from this blog, my undergraduate thesis (if you can find it), a couple of short stories (if you can find those) and postings on my JDSupra profile (which are mostly decisions), nothing out there has my name on it. Content I write for websites does not appear with my name. Though, now that I think about it, there are probably some press releases with my name on them from 2005ish.

So, for all intents and purposes, this would be my first “real” article. My name as the byline instead of my name mentioned as part of the subject matter.

Nothing fancy. Nothing too technical.

Past experience taught me that lawyers can be fast learners, and tend to remember things, so there was no sense in beating a dead horse by describing what “open source” means and the legalese behind the licensing. Nothing fancy. Nothing technical. And a new element: practicality. Lawyers have become more interested in how to apply technology than the nitty gritty licensing mumbo jumbo. They just want applications that help them accomplish tasks. Law has enough barriers as it is, so when they get the chance to “get it done,” they get excited and jump on it.

So I offered three open source applications most can probably use right now: OpenOffice, WordPress and a CMS (Joomla! or Drupal or DNN or any number of others). OpenOffice as an alternative to MS Office, not only because it’s free but also because you can open WordPerfect files with it, not to mention .doc and .docx files. I’m a fan of Writer’s Tools myself, too. As well as WordPress. I used Blogger for awhile, then experimented with WordPress and haven’t looked back since. With the CMS, well, I merely presented some options. There simply wasn’t enough room to go into detail, That’s what this blog is for! I also think it’s best for firms to do some due diligence to figure out what they need from a CMS, and I’m happy to help as it can be daunting.

The response has been positive. I’ve gotten a couple “thank you” emails, of saying he’s been using open source software in his practice for six years and wanted to touch base, and another who choose OpenOffice and saved himself $100. He even pointed out that OpenOffice allows him to use/open WordPerfect files!

Ah yes. And then there is Twitter. On the advice from @JDTwitt, I uploaded the article to my JDSupra profile, and found it being retweeted often. I’ll tell ya, it’s one thing to watch a random thought or insight of mine get retweeted, but it is something else entirely to watch an article I have written get retweeted. Both are exciting events, but the article retweets seem to lend more credibility.

Not a bad way to start the year, eh?