Vol. 76, No. 6, June
Inside the Minds: Leading Intellectual Property
By IP chairs/group leaders (Boston, MA: Aspatore Books,
2002). 242 pgs. $27.95. Order, www.aspatore.com.
Reviewed by Gregory J. Naples
Inside the Minds is a collection of essays intended to
capsulize the grist of IP law by calling upon some of its leading
practitioners to distill the precepts of art and science that comprise
the challenge of IP practice. Although relatively brief, the essays
quickly convey a breadth of experience that befits the authors'
professional success. Although each essay addresses what its author
believes to be the "secret" to a successful IP practice, the value of
the book is more in the simple commonalities to which each author
attributes his or her success. In the hubbub of professional practice we
often need to be reminded that issues need to be framed in simple,
concise, and understandable terms for both clients and juries; that
litigational analogies must be carefully crafted so that juries can form
comfortable frames of reference; that key issues must not only be
accurately identified but must also be logically prioritized to avoid
litigational confusion; that client concerns for cost containment are
managerial issues and that we, as counsel, need to credibly relate
such costs in the context of clearly defined litigational strategies and
objectives; that we have a duty to provide our clients with reliable
guidance respecting litigational alternatives, and to respect their
judgment; and that thoroughly understanding the nature of a client's
business, its business practices, and its industry standing is a matter
of respect as well as a prerequisite for any engagement.
Invariably, each of the authors attributes personal success to
obvious, but often neglected, practices such as the absolute necessity
to continually maintain an IP knowledge base that is both current and
technically accurate; to sublimate ego when negotiating, and to foster
candor, sincerity, and trust with clients; to approach each engagement
with an open mind and to plan to win but prepare for loss. The authors
conclude each essay by citing what each believes to be some of the more
significant emerging IP issues including: the web of global
infringement; the adaptability and usefulness of ADR methodologies; the
approaching conflict between the ascendancy of societal rights over
proprietary interests; the continuing truncation of the litigation
process by the Internet; and the daunting perplexities of privacy in the
context of increasingly sophisticated technologies.
Collectively, the essays are useful, even instructive, as regards the
nuggets of professional IP practice success. However, the real value of
the authors' accrued experience lies in their respective views of the
future of IP in both the context of the practice experience and the
nature of the issues percolating to the forefront. Unfortunately, the
future of IP is treated with considerably less emphasis than it deserves
given the prominence of these authors. This is regrettable, especially
since the authors' collective wisdom will most assuredly have a
formative impact on both litigational strategy and the identification of
Wisdom, Tips, and Musings on Marketing and
By Jane E. Hosmanek Kaiser (Franklin, WI: Communicator for
Hire Inc., 2002). 48 pgs. $20. Order, (414) 423-9127.
Reviewed by David B. Kuehner
This is a small book with a lot to say. Covering three topic areas -
marketing, public relations, and media relations - it strikes a delicate
balance. Not comprehensive enough for use as a "how-to" manual, its
broad brush approach encourages discussion. For example, the author
advises against operating without a marketing plan, creating a plan
without initial market research, and ignoring a plan once it has been
created. Obvious, right? But how many of us do just that? We purchase
biographies on Martindale-Hubble, create expensive Web sites, and
advertise to the extent we can afford in the local yellow pages. But do
we ever really evaluate our return on these investments? Do we even know
Atty. Kaiser's musings are varied. Topics include building a strong
client base, prioritizing time, and evaluating all those pesky
invitations to attend this or that event. She includes a checklist for
organizing and conducting a seminar. The marketing section ends with a
discussion on Web sites and the necessity of a client-oriented
Kaiser's discussion on philanthropy is interesting. Why do so many
firms give a little bit to every "good" cause? Is it guilt? Ignorance?
Fear? Just plain lack of thought? According to Kaiser, fewer and larger
donations give the greatest payback. Gifts of less than 5 percent of the
total fundraising goal render little lasting benefit. Do you act
pursuant to a charitable giving policy or just fly by the seat of your
Other topics include focusing public relations efforts, creating
disaster plans, honing employee communications, working with the media,
and adjusting communication to a particular audience.
Marketing and public relations cannot be adequately covered in 48
pages. Kaiser's work is succinct but thoughtful. Too often, we continue
to do what we have always done simply because that is the way we have
always done things. If your "slice of the pie" is shrinking or if you
are hungry for more, I recommend this little book. Readers are
challenged to reexamine their circumstances and consider alternate
strategies. It is a quick read and worth your time.
Winning Alternatives to the Billable
Edited by James A. Calloway & Mark A. Robertson
(Chicago, IL: ABA Law Practice Management Section, 2002). 287 pgs, with
disk. $149.95. Order, (800) 285-2221.
Reviewed by Robert J. Misey Jr.
As the title suggests, this book describes alternative approaches to
billing, while building on prior ABA publications. The book's central
theme is that bills should be based on value. Bills based on billable
rates multiplied by hours worked represent costs and do not represent
value. Tied to the central theme is the productivity paradox, whereby
technology increases a lawyer's productivity, yet decreases the lawyer's
bill, while value remains constant.
The book aptly answers its own questions, providing a framework for
numerous alternatives, most of which are value-based. The editors
recognize that several of the chapters are geared to large-firm lawyers
and suggest that small-firm lawyers and solo practitioners skip several
enumerated chapters. Despite this suggestion, there are many types of
firm structures (for example, the five-lawyer specialty boutique that
has split off from a large firm) between those two poles that could
benefit from similar guidance.
The book provides interesting reading with respect to the history of
billing. For example, under old English custom, the client, as a sole
determinator of value, would slip money into the barrister's robe. I
hope the next edition of the book attempts to use historical tidbits as
a springboard to project the future of law practice and billing.
Constantly returning to the central theme of bills based on value
made this book easy to follow. The concept of a value curve _
determining value for different services across a wide array of client
perceptions - makes intuitive and practical sense.
The book offers a chapter containing numerous alternative billing
methods for use after the attorney has determined the client's
perception of value received. This chapter is useful, but would be
better understood with examples. More specifically, examples could more
aptly describe the difference between a flat fee and a task-based
This book does a good job dealing with the issue of billing
alternatives, an issue that most lawyers would prefer to avoid. I
learned enough that I anticipate reading another ABA Law Practice
Management Section book, How to Draft Bills Clients Rush to
Direct Examination: A Workbook for Lawyer
By Kathy Morris & Jill Eckert (Chicago, IL: ABA Career
Resource Center, 2001). 104 pgs. $29.95. Order, (800)
Reviewed by Robert J. Kasieta
Morris and Eckert have constructed a workbook designed to "help
lawyers and law students appropriately adjust their career and job
search plans, as it leads them through a wide range of exercises." The
book is short and manageable. It prompts readers to ask themselves
questions about their strengths, weaknesses, and aspirations. For
someone considering a career change, this book might provide personal
insight. It probably will not provide direction. The workbook would
provide a better service to readers entering law school.
The workbook's exercises compel the reader to reflect on hard
questions. It gently brings the reader to a deeper understanding of his
or her motivations, fears, and aspirations. It also aids with practical
concerns, like updating one's resumé and interviewing.
Direct Examination lacks organization. There is no rational
flow through the 10 chapters. Rather, each chapter presents interesting
observations that only loosely relate to those in preceding and
following chapters. The authors would have greatly improved the book by
providing an introduction that identified continuity. They would have
done a great service to the reader by providing some meaningful
progression to the chapters of the book.
In a challenging and competitive legal environment, this book might
actually do a disservice to practicing lawyers. The ABA sponsors the
workbook, but it does not do enough to remind struggling attorneys
considering career changes what brought them to the law initially. We
all became lawyers for our own reasons. Common among us is the
commitment to the practice. We all had it once. It is a big step to
leave the practice of law or even to leave a firm or office. The book
could have offered unhappy lawyers insight into the benefits of
continuing in the practice. Instead, the exercises in the workbook seem
to lead inexorably to change. Regrettably, it ignores the possibility
that the reader might conclude that he or she should stay in the law,
notwithstanding the rigors of the practice.
Sarbanes-Oxley Act of 2002: Law and
By James Hamilton & Ted Trautmann (Riverwoods, IL: CCH
Inc., 2002). 235 pgs. $39. Order, (800) 248-3248.
Reviewed by Michelle D. Hugghis
The responsibilities and duties of those managing, auditing, and
providing legal counsel to public companies were significantly increased
when the Sarbanes-Oxley Act of 2002 (the "Act") was signed into law on
July 30, 2002.
The Sarbanes-Oxley Act of 2002: Law and Explanation is a
useful reference tool for senior corporate management, members of audit
committees, and CPAs and attorneys who audit and counsel public
companies subject to federal securities laws.
This book has three parts. Part I, the explanation, is a must-read
for both corporate lawyers and nonlawyers, especially in light of the
criminal penalties and fines imposed on CEOs and CFOs for failing to
comply with the Act's disclosure requirements. The explanation portion
is user-friendly, providing cross references to corresponding sections
of the Act. The book also contains a table of statutes added or amended
and a topical index referencing the paragraph numbers in Part I.
Part II contains the Act's official text, and Part III contains
selected portions of the Senate and House committee reports related to
the Act. Senior in-house counsel responsible for SEC reports and senior
corporate and securities attorneys may find it helpful to keep a copy on
their desks for guidance as to their professional responsibilities and
what one should do going forward as legal counsel to a public company
post-Enron. This book serves as both a comprehensive overview of the Act
and a quick reference guide.
Who Knows What's Right Anymore? A Guide to
By Earle F. Zeigler (Victoria, B.C., Canada: Trafford
Publishing, 2002). 274 pgs. $19.95. Order,
Reviewed by Thomas Heyn
Zeigler's book was my first experience with a "published-on-demand"
book (Trafford Publishing). In this do-it-yourself approach, the author
apparently does his own editing, proofreading, and typesetting. This
book fails at all three.
The typestyle uses a boldface sans serif font. Readability studies
show that such a typestyle is difficult to read. I'll vouch for that!
This book was a chore to pick up and read for more than a few minutes at
a time. Spelling and grammatical mistakes were abundant. It appeared, at
times, that the author had deleted part of a sentence on his computer
and submitted the text without proofreading and finding the incomplete
Although the author seemed to have impressive credentials for the
subject matter, his material was neither clear nor concise. Discussions
often wandered from topic to topic with no apparent direction.
Parenthetical additions neither enhanced nor clarified the points under
discussion. It is said that one shows his mastery of a subject by making
the complex simple, and the difficult easy-to-understand. This book did
Zeigler begins by identifying a crisis in our world, the failure to
train people how to think about and solve ethical dilemmas. He follows
with a too brief history of ethical approaches, followed by an overly
simplified review of current approaches.
Finally, he presents an elaborate four-phase approach to ethical
problem solving. The first two phases consist of seven separate steps.
Phase three superimposes the results of phase one on the results of
phase two. Then, in phase four, he adds a case method analysis to arrive
at the ultimate decision.
Zeigler does not present a simple process. Few would find it usable
in everyday life, whether personal or professional. Perhaps a rewrite,
good editing, and proper publishing would make this book more usable and
Zeigler's solution more understandable.
To Review a Book...
The following books are available for review. Please request the book
and writing guidelines from Karlé Lester at the State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, org klester wisbar wisbar klester org.
Publications and videos available for review
- Attorney and Law Firm Guide to the Business of Law: Planning
and Operating for Survival and Growth, 2nd ed., by Edward
Poll (Chicago, IL: ABA General Practice, Solo & Small Firm Section,
2002). 642 pgs., with diskette of forms.
- Collecting Your Fee: Getting Paid from Intake to
Invoice, by Edward Poll (Chicago, IL: ABA Law Practice
Management Section, 2003). 166 pgs., with diskette.
- Democracy's Dilemma, by Robert C. Paehlke
(Cambridge, MA: The MIT Press, 2003). 306 pgs.
- Electronic Surveillance: Commentaries &
Statutes, by James A. Adams & Daniel D. Blinka (Notre
Dame, IN: National Institute for Trial Advocacy, 2003). 218
- Forensic Aspects of Communication Sciences &
Disorders, by Dennis C. Tanner (Tucson, AZ: Lawyers &
Judges Publishing, 2003). 393 pgs.
- Forensic Aspects of Driver Perception &
Response, 2nd ed., by Paul L. Olson & Eugene
Farber (Tucson, AZ: Lawyers & Judges Publishing, 2003). 372
- The Good, The Bad & The Difference: How to Tell Right
from Wrong in Everyday Situations, by Randy Cohen (New
York, NY: Doubleday Broadway Publishing Group, 2002). 284 pgs.
- Homeland Security Statutes, 2003 Ed., edited by
Government Institutes Research Group (Rockville, MD: Government
Institutes, 2003). 600 pgs.
- International Franchising in Industrialized Markets: North
America, the Pacific Rim, and Other Countries, edited by
Dianne H.B. Welsh & Ilan Alon (Riverwoods, IL: CCH Inc., 2002). 368
- Law Partnership: Its Rights & Responsibilities,
2nd ed., by George H. Cain (Chicago, IL: ABA Senior Lawyers
Division, 1999). 362 pgs., with diskette.
- Medical-Legal Aspects of Drugs, by Marcelline
Burns, Ph.D. (Tucson, AZ: Lawyers & Judges Publishing, 2003). 468
- Medical-Legal Aspects of Long-Term Care, edited
by Jeffrey M. Levine, MD (Tucson, AZ: Lawyers & Judges Publishing,
- The Nature of the Farm: Contracts, Risk, and Organization in
Agriculture, by Douglas W. Allen & Dean Lueck
(Cambridge, MA: The MIT Press, 2003). 280 pgs.
- Paralegals, Profitability, and the Future of Your Law
Practice, by Arthur G. Greene & Therese A. Cannon
(Chicago, IL: ABA Law Practice Management Section, 2003). 174 pgs., with
- Pre-Mortem Estate Planning Checklist, 2d ed.,
by Edward S. Schlesigner & Robert D. Howard (Philadelphia, PA:
ALI-ABA., 2003). 468 pgs, loose-leaf binder, with CD-ROM.
- Reporting Duties of Corporate Attorneys: SEC Rules &
Explanation, edited by CCH Editorial Staff (Riverwoods, IL:
CCH Inc., 2002). 68 pgs.
- The Right to the Assistance of Counsel: A Reference Guide to
the U.S. Constitution, by James J. Tomkovicz (Westport, CT:
Greenwood Publishing Group Inc., 2002). 258 pgs.
- State Public Construction Law Source Book, by
Michael K. Love & Douglas L. Patin (Riverwoods, IL: CCH Inc., 2002).
- Taking Sides on Takings Issues: The Impact of
Tahoe-Sierra, edited by Thomas E. Roberts (Chicago, IL: ABA
State & Local Government Law Section, 2003). 109 pg