December 3, 2010 No. 986 - Vol. 8
"A story should have a beginning, a middle, and an end... but not necessarily in that order."
Jean-Luc Godard
In today's Law Firm Marketing, Free and open access: key to building and maintaining client relationships.
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"2010 Migalhas Christmas" winners
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Supreme Court hears arguments on Freedom of Information Act
The US Supreme Court heard oral arguments Wednesday in Milner v. Department of the Navy on the ability of the government to withhold information under the Freedom of Information Act (FOIA). The issue is whether 5 USC § 552(b)(2) (Exemption 2), which allows a government agency to keep secret only documents related solely to the internal personnel rules and practices of an agency, must be strictly construed to preclude the "High 2" expansion created by some circuits but rejected by others. Petitioner Glen Scott Milner filed two FOIA requests for information about a US Navy magazine near his home, but the Navy withheld certain documents under Exemption 2. The US Court of Appeals found in favor of the Navy, ruling that Exemption 2 encompasses two exemptions—the "Low 2" exemption, which covers ordinary employment matters, and the "High 2" exemption, which covers materials whose "disclosure may risk circumvention of agency regulation." Counsel for the petitioner argued four main points:
First, the plain language of Exemption 2 dictates an extremely narrow category of materials, those related solely to internal personnel policies and rules.
Second, even if you look beyond the plain language and look to the legislative history, the legislative history is focused, and the additional legislative history from the House is focused, only on law enforcement or investigatory materials, items that were covered through the 1986 amendments to FOIA, making any additional judicial High 2 unnecessary.
The third point: Because of FOIA's purpose, if you find that the language, the plain language, is not clear or if you find that the legislative history isn't sufficient, then the focus must be on an interpretation that supports disclosure, not secrecy.
And finally, Congress in enacting FOIA conducted the balancing. It reserved for it, itself, the authority to add to or expand FOIA through Exemption 3. It did not leave agency discretion available for the agencies to decide what documents they can provide or not.Counsel for the respondent argued that "[p]etitioner has asked this Court to disrupt 30 years of FOIA practice by rejecting an interpretation of Exemption 2 that has prevailed and has provided a workable standard for agencies and the courts since the D.C. Circuit's en banc decision in Crooker."
Judge orders destruction of genetically engineered beet crop
A federal judge has ordered that hundreds of acres of genetically engineered sugar beet seedlings be destroyed because they were planted in violation of federal law. The ruling is a victory for plaintiffs Earthjustice and the Center for Food Safety, who sued on behalf of a coalition of farmers, consumers and environmentalists. The GE beet seedlings were planted in September with full knowledge and permission from the USDA. The beets are genetically modified by Monsanto to be "Roundup Ready", meaning they are impervious to the weedkiller Roundup. Monsanto announced today that it will appeal the ruling.
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1 - WikiLeaks vanishes from web as US company removes DNS support (Click here)
2 - Germany unveils plan to tighten Internet privacy (Click here)
3 - EU pushes for lower phone, Internet costs (Click here)
4 - German court ruling permits use of stolen tax CDs (Click here)
5 - Officer believed man assaulted by other cop, court told (Click here)
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Free and open access: key to building and maintaining client relationships
by Trey Ryder
Often, as technology increases, our ability to make meaningful connections with people decreases. Yet we still yearn to connect with other people. For example:
I don't have a relationship with the dealership that services my car. My relationship is with the service manager.
I don't have a relationship with the store where I buy computers. My relationship is with the computer consultant I have grown to trust.
One key to building relationships is access. Both prospects and clients want open and unrestricted access to you. Every time you redirect their call to an associate or paralegal -- no matter how much sense this makes to you -- you risk that the caller will feel slighted. From your perspective, redirecting the phone call to the person working on your client's matter increases your efficiency and makes better use of your time. But from your client's point of view, you just gave him the cold shoulder.
And you suffer as a result. Because in spite of each step you have taken to move your client relationship forward, when you don't accept your client's call, your relationship falls backward three steps.
Here's how you and your firm can gain a major competitive advantage:
If your duties include bringing in new clients -- and maintaining relationships with current clients -- make sure you make yourself available. You can do this by offering two types of access: actual access and the appearance of access.
ACTUAL ACCESS... is when prospects and clients interact with you one on one. Actual access puts you in the strongest position with clients. You offer clients actual access when you...
-- Accept their phone calls. If you need to redirect the call, first accept the call, greet your client, then explain why you'd like to redirect the call and ask your client's permission. In this way, you speak with your client, which pleases him and makes him feel important. Then, by asking permission to redirect his call, you help your client feel that he controls the call's outcome. In this way, your client doesn't feel ignored. To the contrary, your client agreed to your transferring his call.
-- Respond to prospects' and clients' e-mails. E-mail has so many benefits. It's quick and efficient, yet it allows you to respond when you have time. This gives your client access to you without interrupting what you're doing. A sentence or two from you -- a quick acknowledgment of a message or a brief thank you -- goes a long way to further your relationship.
While the few words you type may not say or mean much to you, from your client's point of view, you took a moment to acknowledge him or something he did. He's pleased because he had access to you -- and because you made him feel important by typing a quick e-mail that took you less than a minute to write.
-- Lunch with clients to discuss current or future projects. A private meeting away from the office creates a personal bond between you and your client. Your client values this time alone with you, rather than meeting in your office where the surroundings emphasize that your focus is business and the client may feel less like the center of attention.
-- Meet with clients and prospects in your office. Spend a few moments alone with your client or prospect in a closed door meeting. Update him about his case, ask for more information, or suggest ways he can get the best result from working with you and your firm. The content of what you discuss is not as important as your willingness to spend time alone with your client or prospect.
-- Stay actively involved in your client's case. Even if another lawyer is doing most of the work, the appearance that you're involved, if only to supervise, makes your client feel better. By knowing that you are keeping a close eye on his legal affairs, your client feels more comfortable.
The more clients meet with you, shake your hand, and see you involved with their legal matters, the better they like it. On the other hand, the more you separate yourself from your clients' affairs and turn matters over to other lawyers, the sooner you can expect to see your clients' loyalty evaporate. Then your clients become easy targets for competing lawyers who offer the close, personal attention your clients want and deserve.
You can support your client's sense of relationship with you even if he doesn't require actual access. You do this by working with clients in a non-individual yet personal way.
THE APPEARANCE OF ACCESS... is when prospects and clients see you -- and perhaps interact with you -- although not one on one. To supplement times when you offer actual access, you create the appearance of access when you...
-- Send a fact kit that contains an original cover letter signed by you.
-- Present seminars where you're the speaker, whether in person, by telephone or on the internet.
-- Deliver CLE programs to other lawyers, sponsored by your state or local bar.
-- Send clients and prospects your educational newsletters that contain your photograph and biography.
-- Send clients, prospects and referral sources your e-mail alert
-- Generate articles about you or your law firm in newspapers and magazines.
-- Write an ongoing column in your local newspaper.
-- Appear as a guest on radio talk shows and on TV news and public affairs programs.
-- Speak with an anchor or reporter on the radio and TV news.
-- Host your own call-in radio talk show.
-- Air radio and TV commercials in which you are the speaker.
-- Sponsor a web site that contains your photograph and biographical information.
Everybody wants to be seen as an individual. And every individual wants to feel that he or she is important. The more access you give prospects and clients, the more new clients you'll attract -- and the more new and current clients you'll keep.
But wait, you say, this takes a lot of time. Yes, providing access to prospects and clients can consume much of your day. But excellent marketing requires a significant investment of time. If you have something more important to do than attract new clients and maintain relationships, then ask another lawyer to assume the rainmaker role.
If, however, you decide to remain the rainmaker, then do your best to give prospects and clients direct and immediate access to you. Because when they learn that you take a personal role in their problems and their success, you profit from a major competitive advantage that few other lawyers can or will match.
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© Trey Ryder
FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.
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Chrysler
La filial de Chrysler de Colombia firmó un acuerdo con el grupo hispano-chileno SK Bergé, el distribuidor más importante de la marca estadounidense en el mundo, compró el ciento por ciento de la participación accionaria de la firma.
Metro
Alstom la multinacional francesa anunció su interés para estar en Bogotá y que ya está realizando los estudios correspondientes para definir su participación en el proceso de licitación de la construcción del Metro, según declaraciones de Xavier Boisgontier, vicepresidente de desarrollo de negocios de Alstom Transporte para América Latina.
Permisos
El Gobierno de Cuba ha cancelado a varias empresas estatales, entre ellas la petrolera Cupet, los permisos para realizar exportaciones e importaciones, dentro de un proceso para reordenar el comercio exterior, según informaron medios oficiales.
Adquisiciones
La brasileña Cetip anunció un acuerdo para la adquisición del 100% del capital de la local GRV Solutions por US$1.169,4 mlls., principal proveedor privado de informaciones de inserciones y bajas de gravámenes con un sistema electrónico integrado. La empresa ofrece datos de restricciones financieras sobre vehículos a concesionarias de automóviles, aseguradoras, bancos y financieras.
Brazil changes oil drilling rules
Brazil's Congress has modified laws relating to the country's oil sector, which could increase development of its offshore oil fields. The bill ensures that the state-run oil company Petrobras will have a 30% stake in any new joint exploration ventures in Brazil's offshore fields. Exploitation of the reserves could turn Brazil into a global energy exporter. Petrobras has unrivalled expertise in deep water drilling as almost all of its ventures are located in the south Atlantic Ocean. President-elect Dilma Rousseff helped to draft the proposals while chief of staff in the current government.
House censures Charles Rangel over ethics violations
Veteran New York Democratic Congressman Charles Rangel has been censured by the US House of Representatives for ethics violations. The House earlier rejected calls by some congressmen to reduce punishment for the 80-year-old lawmaker. Rangel was found guilty of failing to disclose income and pay taxes on rental property, among other charges. The House voted by 333 to 79 to censure Mr Rangel. It was only the 23rd time the House has invoked the most serious punishment it can order short of expulsion.
France court sentences Basque separatist leader in absentia
A French appeals court on Wednesday sentenced former Basque separatist leader, Jose Antonio Urrutikoetxea, to seven years in prison for association with a terrorist organization.
Ivory Coast election: Army says it has sealed borders
The Ivorian military has sealed the country's borders and cut international media as tensions rise over the outcome of the presidential election run-off. It comes after the Constitutional Court rejected a declaration by the electoral commission that opposition candidate Alassane Ouattara had won. Supporters of President Laurent Gbagbo had tried to block the long-delayed result, alleging fraud in the north. The UN Security Council asked both sides to show restraint.
Guinea court confirms Conde win
Guinea's Supreme Court has confirmed opposition leader Alpha Conde as the winner of last month's presidential run-off election. The ruling comes after the court threw out complaints of fraud by Conde's rival, Cellou Dalein Diallo. The court said Conde, leader of the Rally of the Guinean People (RPG), had won with 52.52% of the vote. The elections aimed to mark the end of 52 years of authoritarian rule, but were marred by violence and delays.
US House votes to keep Bush middle class tax cuts
The US House of Representatives has passed a bill that would extend tax cuts for middle-class Americans while letting them lapse for the wealthy. The Democratic-led bill keeps tax rates low for Americans making less than $200,000 a year. Those rates were enacted by President George W Bush and the Republicans in 2001 and 2003. The bill is expected to fail in the Senate, where Republicans favor low rates for all taxpayers. The tax cuts are due to expire at the end of this year.
Google tweaks to tackle online piracy
Google has said it will tweak its search service in an attempt to tackle online piracy, following lobbying by the music industry. The search giant will implement four changes, including the removal of words that are associated with piracy from appearing in its autocomplete feature. However, it will not prevent sites that host illegal copyright material from appearing in its search results. The music industry said the measures did not go far enough.
Health care challenge dismissed by Federal Judge
A federal judge on Tuesday dismissed Liberty University's lawsuit challenging the Obama administration's new federal health care law, declaring that a provision requiring most individuals to obtain insurance is constitutional. The ruling by U.S. District Judge Norman K. Moon in Lynchburg is the second court decision upholding the law, following one in Michigan in October. University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th U.S. Circuit Court of Appeals in Richmond. Attorneys general from several states have filed another lawsuit in Florida, and a separate challenge by Virginia Attorney General Kenneth Cuccinelli is pending in federal court in Richmond. Both sides expect the issue to ultimately be decided by the U.S. Supreme Court.
Web bug reveals browsing history
Porn sites are among the top users of a browser bug that reveals all the places people go online, finds research. The flaw gives sites access to all the other sites that user has visited. Many use it to target ads or see if users are patronizing rivals. The researchers said their work showed a need for better defenses against history tracking. The bug exploits the way that many browsers handle links people have visited. Many change the color of the text to reflect that earlier visit.
Qantas takes legal action on A380
Qantas begins legal action against the engine supplier Rolls-Royce following the explosion of an engine on one of the airline's Airbus A380s. Earlier, Australian air safety authorities said they had identified a serious manufacturing fault with some of Rolls-Royce's Trent 900 engines.
Wikileaks founder Julian Assange faces new warrant
Swedish authorities have issued a fresh arrest warrant for Wikileaks founder Julian Assange following a procedural error with the first. The detention order for Assange, who is believed to be in Britain, concerns alleged sexual crimes during a visit to Sweden in August. Swedish police said the UK needed the maximum penalties for the crimes to be stipulated on the order. Assange has not been charged and denies the allegations.
Congress Acts To Lower Volume On TV Ads
The House on Thursday gave final congressional approval to a bill that would prevent advertisers from abruptly raising the volume to catch the attention of viewers wandering off when regular programming is interrupted. The legislation now heads to Obama for his signature.
'King Of Spam' under arrest
A 23-year-old Russian who the FBI alleges controlled computers that generated about one-third of the world's spam — 10 billion e-mails a day — was caught in Las Vegas. He allegedly set up a robot network, or "botnet," that investigators call Mega-D to send out e-mails with false return addresses on behalf of clients selling counterfeit goods and shady services. He's accused of violating the CAN-SPAM Act, which among other things requires that businesses use accurate e-mail addresses and correctly identify who is sending the messages.
Madoff trustee alleges JP Morgan aided fraud
JP Morgan Chase, Bernard Madoff's "primary banker," was sued Thursday for $6.4 billion by the trustee liquidating the imprisoned con man's former firm.
ICC urges Central African Republic to arrest Sudan's al-Bashir
The International Criminal Court has urged the Central African Republic to arrest Sudanese President Omar al-Bashir, a war crimes suspect, if he makes his planned visit to the country on Wednesday. The court said the country should arrest al-Bashir, who is scheduled to attend the country's independence day celebrations, on suspicion of war crimes and alleged genocide in Darfur, or explain why it cannot.
UK proposes law limiting arrests under universal jurisdiction
The UK Parliament published legislation on Wednesday that would provide visiting foreign officials with more protection from being arrested on war crimes charges while visiting the UK. The bill would remove the exclusive power of granting arrest warrants from local magistrates, requiring that all such warrants receive approval from the Director of Public Prosecutions (DPP).
FCC proposes new rules for Internet regulation
The FCC has been mulling over new rules and regulations for internet providers. These rules would govern how traffic that the providers carry can be regulated, and how end users and content providers could be charged. Early on it sounded as if the FCC was going to take the consumer's side, eliminate traffic throttling, and possibly even chime in on tiered offerings for end users. The wireless and broadband industry fought the FCC on imposing rules to throttle traffic and tiered data charges.
Rights group urges Indonesia to repeal laws violating human rights
Human Rights Watch (HRW) on Wednesday urged the Indonesian government to repeal two Sharia laws that the group says violate human rights and international treaties. The laws, local to the Aceh province, require strict Islamic dress in public and prohibit unmarried men and women from being alone together. The report does not criticize all Islamic law: Human Rights Watch takes no position on Sharia law or on provisions that regulate the internal workings of Islam.
Leaks reveal US doubts on Karzai
Al Jazeera, Doha, Qatar
Khalifa chairs meeting of Supreme Council
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Sabic signs $126.7m construction deal
Middle East North African Network, Online financial portal, Amman, Jordan
WikiLeaks' Site Back with Swiss Address after 6 Hours
Nahamet, Online news portal, Beirut, Lebanon
Leaks criticise UK in Afghanistan
BBC News, Centrist newscaster, London, England
Art Taylor swallows entire bag of cocaine and escapes drug charges
Daily Mail, Conservative daily, London, England
Dutch digital TV market grows to 5.26 million
DMeurope, Online news portal, Amsterdam, Netherlands
IVORY COAST: Lockdown in Ivory Coast, results of presidential vote still not validated
France 24, Issy-les-Moulineaux, France
Ukraine Police Break Up Tax Protest Tent Camp
Radio Free Europe, Prague, Czech Republic
China switches to 'prudent' monetary policy
The Independent, London, England
FIFA Hands Russia 2018 World Cup
The Moscow Times, Independent daily, Moscow, Russia
WikiLeaks website disconnected as US company withdraws support
The Telegraph, Conservative daily, London, England
Police in Britain know where WikiLeaks founder is: lawyer
China Post, English-language daily, Taipei, Taiwan
WikiLeaks' site back with new address after six hours
Hindustan Times, New Delhi, India
Wikileaks: India self-appointed frontrunner for UNSC seat
India Express, News portal, Mumbai, India
WikiLeaks dropped by domain name provider
New Zealand Herald, Conservative daily, Auckland, New Zealand
AG issues arrest warrants for IEC officials
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Court to examine Ratan Tata's petition on Radia tapes
The Hindu, Left-leaning daily, Chennai, India
Forces need same scrutiny as police: MP
Canadian Broadcasting Centre, Toronto, Ontario
Media blamed for premier's son's suicide
News24.com, Online news portal, Cape Town, South Africa
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