Lawyers Gone Ethical – Détails, épisodes et analyse

We can't end 2020 the way we end most years, with improving office organization and reviewing fee agreements.  Rather, this is a year to end with a focus on being kind to ourselves, setting new types of goals, and thinking about intentionally designing the coming year. In this episode, Megan highlights her article recently published on Attorney at Work on what items should  be on our year-end checklist.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Thousands of California online bar exam takers were flagged for review, and an untold number of them have received Chapter 6 notices.  A Chapter 6 notice essentially accuses the applicant of cheating on the exam.  Megan has put together resources to help applicants respond.

Resources Mentioned:
Dropbox folder I put together with resources

Petition to Sign (no monetary donations, please)

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

There are lots of reasons for lawyers to move from state to state, but when a bar exam gets in the way, it turns into a real pain.  Whether you're a military spouse, an in-house lawyer, cultivating a Federal practice, or lucky enough to get reciprocity, Megan talks about how you can move and still practice law.  (In this older Attorney at Work article, Megan talked about ways to move without taking an exam.)

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

For many lawyers with innovative ideas for their practices, those ideas rarely get a chance to blossom because of certain restraints in the ethics rules, unfortunately. If you’re looking to implement new services or develop legal products and are unsure of what the ethics rules allow or disallow, you’ll truly enjoy this conversation. More importantly, you’ll learn how you can work through your fears of violating the ethics rules to cultivate your genius idea. 

Joining me today is Erin Levine, a Certified Family Law Specialist and CEO of HelloDivorce, an online platform that empowers individuals contemplating divorce with step-by-step guidance and affordable access to lawyers.

What We Discuss in This Episode:

• Why is it that the ethics rules hinder our progress and innovation in the legal profession?
• Lawyers might be risk-averse but that’s because we aren’t taught to take risks in law school and aren’t encouraged by the ethics rules to do so either
• How the lack of outside funding and non-lawyer ownership affected Erin’s business’s ability to grow
• Has the distinction between companies who offer legal services and those who don’t become meaningless?
• Should lawyers have to look for loopholes in the ethics rules in order to develop their intended products/services?
• The impact of the inability to accept investment funds
• Why you should pay attention to the user experience and customer service as a lawyer
• What can we learn from the legal systems of other countries when it comes to outside investment in legal companies?
• Are there any changes to the ethics rules on the horizon that might allow for outside investment funding?

Contact Information: 

HelloDivorce

Erin's law firm website

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Just like with obstacle course races, lawyers’ careers are long, tough, and full of unforeseen obstacles. In this replay of my recent keynote presentation for CEB’s The Basics conference in California, I share lessons learned on the race course that lawyers can apply to their own lives and careers.  

What I Cover in This Keynote:

• How I transitioned from BigLaw to solo practice because of a shift in my perspective and priorities
• Why lawyers let fear (specifically the fear of violating the ethics rules) stop them from pursuing their dreams
• You know a lot more than you realize so always fall back on your knowledge when you’re afraid
• There are always alternatives to reaching your goal; don’t get caught up in obstacles
• The importance of being ethical even when people aren’t looking
• You can’t go though your legal career alone, just like with running a race course
• Get used to being uncomfortable when asking others for help
• The legal profession doesn’t have to be a nasty place; kindness can go a long way
• When you’re fatigued with your cases, take a break
• Age is not an obstacle so being “too young” or “too old” to learn something new should never be an excuse
• It is so important to find your tribe!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

ABA Model Rule 1.1 states that a lawyer shall provide competent representation to a client. While this duty has existed for a while, the more recent addition of Comment 8 to Rule 1.1 makes it essential for lawyers to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]” This demands a shift in the way lawyers approach their understanding and use of technology in their legal practices.

Joining me today to discuss the intersection of technology and ethics is Ivy Grey, bankruptcy attorney, legal tech writer, and creator of American Legal Style for PerfectIt, which is a legal specific proofreading program for lawyers that runs within Microsoft Word. 

What You’ll Learn in This Episode:

• What ABA Model Rule 1.1, specifically comment 8, requires of lawyers
• Why it is no longer efficient or even acceptable for lawyers to be luddites
• What the ABA Model Rule 1.1, Comment 5 add to the discussion?
• What does it mean to be “competent” according to the Model Rules?
• Even if you’re delegating work to your staff or junior attorneys, are you still required to be competent?
• What are the six basic technological areas that help lawyers perform their work competently?
• What are some ethical failings of not understanding the basics of using technology?
• Being technologically competent doesn’t require you to code or understand blockchain
• The role that understanding the basics of technologies plays in helping you understand the substance of your clients’ cases
• If you choose to manually perform work that can be automated, you might be in an ethical grey area, according to the ABA Model Rules 1.5
• What Model Rules 5.1 and 5.3 require of you when it comes to ethical supervision and delegation
• How does the duty of competence govern your interactions with third party vendors, like website developers?

Resources:

Catherine Reach's LinkedIn

Lex Tech Review

TutorPro

Casey Flaherty Twitter

Casepeer

MyCase

Clio

Legal.intelligentediting.com

Contact Information

Twitter: https://twitter.com/ivybgrey

LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Lawyers are charged with upholding the law and abiding by the ethics rules while we’re practicing as well as when “off the clock.” The ethics rules govern lawyer conduct anywhere and any time. So what conduct, behavior, and activities outside of the practice of law could potentially get you in trouble and affect your bar license? That’s what I delve into in this episode.

What I Discuss In this Episode:

• What is one of the most significant activities you can engage in outside the law that will almost guarantee disbarment?
• Is it just conduct that is criminal in nature that will affect your license?
• What does ABA Model Rule 8.4 state and how does it apply in this scenario?
• Are you still considered a “lawyer” when you’re engaging in behavior outside of work hours and on your personal time?
• Keep in mind: a person who has been wronged can always file a bar complaint against a lawyer, either along with or in lieu of a civil complaint
• The importance of showing integrity and honesty at all times, not just when practicing law

Resources Mentioned:

• ABA Model Rule 8.4 – Misconduct

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If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

No one wants to think about it but there might come a time in your legal career where you have to deliver bad news to your client – whether it’s due to a lawyer error or otherwise. How can you deliver this news to your client swiftly and ethically?

Joining me is Kathleen Havener, a lawyer at The Cullen Law Firm in Washington DC. Kathleen’s practice focuses on complex commercial litigation. In this episode, Kathleen shares her insight on a lawyer’s responsibility when it comes to informing the client about the legal process and delivering unfavorable news, if any should arise. 

What We Discuss in This Episode:

• How to prepare your clients when judges fail
• How to tell your clients when you have failed
• Is the fear of failing keeping you from being honest with your clients?
• What can more experienced lawyers do to prepare younger lawyers for failure?
• What are the different ways something can go wrong in the legal process?
• What are some considerations to keep in mind when you know you have bad news to tell your client?
• How can you explain to your clients the legal process and what effect does that have on clients making better choices?
• What is the “Nora” Rule?
• How you can prepare your clients for alternative outcomes should they arise?
• Learn to take your clients “as they are” when it comes to their understanding of the law but still explain the legal process to them
• Never delay or hide bad news from your client

Resources Mentioned:

Kathleen's ABA article on How to Deliver Bad News to Your Client

Other articles written by Kathleen worth exploring

Contact Information:

Kathleen email:  kbh@cullenlaw.com 

Phone number: (202) 298-4775

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Social media can be a great place to connect with colleagues and grow your law practice, when used correctly. For many lawyers, however, the thought of posting and engaging on social media platforms generates as much fear as it does questions. In this episode, I’m focusing specifically on Twitter and sharing a few important ways you can and should be using the platform. My hope is that I address some of the fears and questions you might have about using this platform.

What I Cover in This Episode:

• How should you handle posting confidential information on Twitter?
• What is confidential information and what isn’t?
• Why you shouldn’t use your Twitter account as an advertisement
• The value in Twitter is in having people follow you and reading your posts. That won’t happen if you’re spreading negativity
• Fill your feed with helpful information by following the right people
• Use Twitter to help people by answering questions, showing support, and connecting
• In order to be effective on Twitter, it’s important to share content that you’ve created
• How do you know if your posts are crossing ethical lines?
• Should you make it known that you’re available for employment on this platform?
• What can you include in your Twitter profile to shield against potential advertising rules violations?

Resources Mentioned:

Episode 21 with Nick Rishwain

Contact me with future episode topics – megan[at]zaviehlaw[dot]com

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Kenneth Lawson went from running a successful practice in Ohio to having his license revoked because of misconduct while addicted to prescription painkillers. He joins us to share his remarkable journey to redemption.

Ken Lawson is the Co-Director of the Hawai‘i Innocence Project and an Associate Faculty Specialist at the William S. Richardson Law School where he teaches Criminal Procedure, Criminal Law, Professional Responsibility, Evidence, and Hawai‘i Innocence Project.

What Kenneth Shares in This Episode:

• His lack of self-esteem as a child, where that stemmed from, and how it affected his beliefs about himself
• How he became the first African American lawyer at one of the largest firms in Cincinnati
• Why fear of personal insecurity, failure, economic insecurity, and other fears held him back 
• What finally led him to leave his corporate position to open his own law practice
• How he acquired Deion Sanders as a client
• Despite being happier as a solo practitioner, Kenneth still felt like “something was missing”
• His adoption and how he tracked down his biological mother
• When he first realized he was addicted and how the addiction escalated
• What led him to attend his first Alcoholics Anonymous meeting
• How he handled a public disbarment
• Why going to prison might have been the wakeup call he needed
• How he secured his current professor position with the University of Hawaii
• The lesson he has learned about forgiving others and letting go of anger

Resources Mentioned:

If you're licensed as an attorney in California and need addiction help and services, here are several resources for you.  

The Other Bar

The Recovery Village 

Hazelden

ABA Lawyer Assistance

A resource for rebuilding your finances after rehab 

ABA Journal article about Kenneth and the road to redemption for disbarred lawyers

Contact Information:

Klawson3@hawaii.edu

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.