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

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.

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!

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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.

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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.

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

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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.

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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!

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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.

If you’re a new lawyer just starting out in your legal career, you’ll want to tune in to episode to hear my top 10 tips (and 1 bonus one!) to help you succeed. 

If you’re a more seasoned attorney, I’d love to hear your best tip for new lawyers. Tweet me @zaviehlaw 

My top 10 tips:

1. No matter how brilliant you are, you are going to be working with people who know more than you do
2. Why “I don’t know” or “No” are not sufficient responses
3. Ask a lot of questions (even if you think you’re irritating the people you’re asking)
4. Communication is key!
5. Under-promise and over-deliver
6. Internalize feedback, from anyone, but especially from senior members at your firm
7. Have an exit strategy
8. Give help and give credit
9. Know your tools
10. Don’t forget to network!

And one bonus:

Take care of yourself!

Thank you for listening!

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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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Website

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.

You’re a busy lawyer and some days make you wish you could multiply yourself. Well, until that day comes, you must learn to delegate. But where should you begin? What factors are important when it comes to delegation, and what are the potential challenges and benefits of delegation?

I’m joined by Lori Gonzalez is the President and Founder of the RayNa Corporation, outsourced administrative and back office support for lawyers. Lori and I discuss the reason why many lawyers find delegating tasks so difficult, and how to overcome these challenges to effectively delegate certain tasks.

What We Discuss in This Episode:

• It’s true that no one else can do what you do, but you must realize what areas you bring the most value to
• What are some of the barriers lawyers place between themselves and effectively delegating?
• Readjusting the notion that perfection is required. It’s not!
• Human error happens every day, all day long, and none of us are immune from that
• Your system should allow for mistakes, it’s really setting up the process to find mistakes, not necessarily not making them
• What danger do we face for hoarding tasks and not delegating?
• What type of relief and freedom results from delegating?
• Where to begin with delegation?
• After you figure out what tasks should be delegated, you have to figure out what systems to put in place to do those well.
• What tools are available?
• The importance of establishing systems before you begin delegating

Resources Mentioned:

Clio Legal Trends Report

CaseMail - digital mailing service

Trello

Outsource Easier - Dina Eisenberg

Contact information:

www.Raynacorp.com

Twitter: https://twitter.com/raynacorp

lori@raynacorp.com

Thank you for listening!

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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.

Many law students fear seeking the necessary attention and help for their mental health issues because they know they’re likely to have to report it on their moral character application. Even though few applicants are denied admission based on mental health treatment or diagnoses, there is still a lot of stigma surrounding seeking help. So what are law students and lawyers applying anew for their moral character application to do?

I’m joined by two wonderful guests, Margaret Hannon and Katherine Silver Kelly, to discuss the fear surrounding seeking necessary help. Margaret is a Clinical Assistant Professor of Law at the University of Michigan law school, and she teaches Legal Research and Writing. Katherine is the Director of Academic Support at Ohio State University Moritz College of Law and has a lot of experience working with students, preparing them to apply for their character and fitness application process.

What We Discuss in this Episode:

• Knowing a student will likely have to disclose having sought treatment for mental health issues would discourage them from actually seeking help
• Are law students truly fearing the moral character application as they enter law school and progress through?
• What are some reasons students list for not receiving treatment?
• Seeking help while in law school is a great way to ensure success as a lawyer
• There is no predictive correlation between mental health and competency as a lawyer
• For many states, fellow lawyers are the ones making the determination of an applicant’s mental fitness
• The importance of seeking help even if it’s uncomfortable
• The benefits of disclosing mental health concerns
• Seeking help from appropriate professionals instead of from other law student s
• How is the Department of Justice connected to this discussion of mental health?

Resources Mentioned:

Margaret Hannon's article

Jeena Cho Episode 6

Contact Information:

Margaret Hannon

mchannon@umich.edu

Twitter: https://twitter.com/mch_tweets 

Katherine Silver Kelly

Kelly.864@osu.edu

Twitter https://twitter.com/ksilverkelly

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.

Note:  This is a replay of our most popular episode - Episode 28

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

Guest Info:

Klawson3@hawaii.edu

Thanks 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 or recommendations for specific resources:
Twitter
Facebook
LinkedIn
Website

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.

We’re all trying to do too much. From having too many commitments, to too many activities, and too many work projects - we’re all doing way too much. As a result, we don’t do anything half as well as we could. It’s time to reduce and let go of certain tasks. But how do we make that decision? What needs to go? That’s what I answer in this episode.

I’m currently reading a wonderful book called Essentialism: The Disciplined Pursuit of Less by Greg McKeown and it got me thinking about lawyers and how they operate their law practices. Specifically, how lawyers (especially sole practitioners) fill their plates a bit too much. There are many lessons that lawyers can take away from this book to begin eliminating the unnecessary “things” from their lives and focusing on what truly matters.

What You’ll Learn in This Episode:

• When you try to do all the things, you end up doing them poorly 
• Begin by evaluating your practice area(s). How many are you covering? Are you spreading yourself thin when it comes to the areas of law that you practice 
• Try focusing on a practice area that 1) is niched down and 2) makes up the majority of your client work
• Why the fear of missing out on work by niching down is an unsupported fear 
• From an administrative and law practice management perspective, being a solo makes it difficult to juggle all of the tasks you must get through. All the more reason to either hire help or reduce the amount of tasks
• What ethical concerns exist when you’re trying to make every aspect of your business and law practice run on your own
• How essentialism can help with lawyer burn out by forcing you to ask, “How does this all fit together?”

Resources Mentioned:

Essentialism: The Disciplined Pursuit of Less by Greg McKeown

Jess Birken Episode 14

Erin Gerstenzang Episode 18

Jeena Cho Episode 6 

Melissa Hall Episode 8 

Jared Correia Episode 12 

My Twitter: @zaviehlaw – How do you see the essentialism ideas applying to your life and law practice

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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Website

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.

Completing your CLE’s might not be the most exciting part of practicing law but it is mandatory.

If you don’t take them seriously and complete them, then you can find yourself in a lot of trouble with your State Bar if audited for compliance. Use the tips I provide in this episode to help complete your CLE requirements with more ease.

What You’ll Learn in This Episode:

• Why you don't have to resort to using random, last minute cd’s to complete your credits 
• How to find free or cheap events offering CLE's throughout the year 
• Check with your malpractice insurance carrier – they often offer CLE events
• Find conferences that resonate with you. That helps with completing your requirements and with meeting new people
• If you’re more of a street lawyer, where you can find local gatherings and events where CLE might be provided
• Great ways to keep track of your completed credits in case of an audit by the State bar

Resources Mentioned:

Avvo's Lawyernomics 

Clio Cloud conference

ABA Techshow

CLA Summit

CEB Basics Conference

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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Website

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.

For many solo practitioners, they believe they need to be the CEO’s and the experts of their law practices. After all, more often than not, it’s just them running the show. But is that necessarily the best way to grow your business? My guest today is Mike Whelan, operator of the Lawyer Forward conference, soon-to-be author, and legal consultant. Mike believes lawyers need to choose one or the other and he supports his claims in this fascinating conversation. 

What We Discuss in This Episode:

• Why Clio’s Legal Trends Report, which reported the dismal amount of hours lawyers were billing, is not as worrisome as it might seem
• Lawyers’ inability to choose between being the CEO of the firm or the expert is creating great impact on the profession
• Can a solo practitioner be both the CEO and the expert?
• Access and expertise are not compatible and yet clients expect both from solo practitioners
• Why human brains are trying hard to shorten the pathways and create routines
• Studies show that doctors tend to get worse at tasks with age. Can that be analogized to lawyers?
• Can you find ways to provide value, solutions, and innovation for your law firm without being the practitioner and administrator?
• Are experienced practitioners not using their brains the way they should be used to maximize potential?
• It’s important to eliminate unimportant work by following the 80/20 rule
• There’s greater demand for legal experts than there is for lawyers

Resources:

Dina Eisenberg – Outsource Easier

Peak by Anders Ericsson 

The Power of Habit by Carl Duhigg

Patrick Palace – workers compensation in Washington

The Business of Expertise by David Baker

Sam Glover – The Lawyerist

Contact Information:

www.lawyerforward.com/bookupdates - follow along Mike’s journey as he writes his book

Twitter: https://twitter.com/mikewhelanjr

Facebook: Lawyer Forward group

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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.

Content marketing presents a great opportunity for lawyers who wish to increase their visibility online and grow their practices. Through blogging and video creation, lawyers can begin to establish genuine relationships with potential clients online. But, of course, there's always that fear of crossing ethical rules. That's what my guest and I discuss in this episode. 

I’m joined by Nick Rishwain, Vice President of Client Relations and Business Development for Experts.com, an online marketing platform for expert witnesses and consultants, and we're tackling the topic of creating compelling content ethically. 

What We Discuss in This Episode:

• Lawyers have to create content – it’s no longer merely a “consideration,” it has to be done
• Your customers/clients are not reading law journals or academic journals so make sure you’re creating content on platforms where your audience and clients are
• Common objections that lawyers have when it comes to creating content 
• Why it’s not necessarily the best strategy to load your blog posts with law firm-specific SEO keywords if you actually want them to be readable
• What is newsjacking and how can you use it to generate ideas for content you can create?
• When creating content about current events, you want to make sure you don’t appear to be ambulance-chasing 
• Is there room for more educational-type of content as opposed to more marketing-driven type of content
• What type of Call-To-Action can go along with your content?
• Why you shouldn’t worry about “giving away all of your secrets” when you’re creating content
• How you can be using videos to reach out to potential clients
• Why any type of videos, including Facebook Live and Instagram Stories, are helpful in familiarizing potential clients with you
• For how long should you retain copies of your communications?

Resources Mentioned:

Mitch Jackson – Southern California personal injury lawyer

Morris Lilienthal – Tips from Mo show

Jim Hacking – Hacking Law Practice 

Allyson Kacmarski – Instagram videos

Nicole Abboud – 3 Tips for Creating Effective, Ethical Videos

Contact Information:

www.experts.com  

Twitter: https://twitter.com/expertsdotcomvp 

www.experts-blog.com

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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.

Whether you’re a new lawyer or you’ve been practicing for many years, this is a great episode that will serve as advice (or as a reminder) for how to make the most of being a lawyer and be the best you can be. 

The Top Ten Things Every New Lawyer Needs to Know:

1. Have a realistic perspective of your importance. That includes neither underestimating nor overestimating how much you matter.
2. Don’t bend your principles. You graduated from law school with a backbone so be sure to stand up for what you believe in, even if it’s against your much more experienced employer.
3. Never stop learning. You’re going to learn something new everyday in your law career and the sources from which you learning are varied.
4. You know more than you think you know. In the legal community, your voice needs to be heard so be sure to share what you know.
5. Get used to being wrong. Let go of the idea of being perfect and learn to accept the fact that you are going to be wrong at some point. Take it like a champ and learn from it.
6. Don’t be afraid to ask for help. You’ll be surprised how helpful other lawyers are and how willing they are to offer some advice
7. Start to establish a “real” network. By “real” I mean on a genuine level; don’t just be a LinkedIn connection. Introduce yourself to actual people, online or in person. Have personal conversations.
8. Appreciate the extensive scope of what it means to be a lawyer. Your degree is super flexible and you can create any type of life and career you want with your degree.
9. Look for tools to help when you feel like you need the help. A tool can be any resource (a person, technology, etc.) that helps you run your practice more smoothly.
10. Take care of yourself. This is self-explanatory but many lawyers (experienced and new) need to hear this.

What advice do you have for brand new lawyers? Tweet me @zaviehlaw or email me at megan[at]zaviehlaw[dot]com with your advice.

Thank you for listening!

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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.

If you’re involved in the discipline process, a lot of that stress you're dealing with carries over and affects your family too. So how can you help them handle the stress that comes along with dealing with malpractice suits? That's what I discuss in this episode. 

What You’ll Learn in This Episode:

• The type of stress and fears your spouse and kids (if you have any) will experience as they watch you deal with a malpractice claim
• How to deal with the financial concerns that might arise
• Why it’s important to keep your spouse and family in the loop regarding your complaint
• Not sharing enough information with your spouse is worse than keeping them informed
• Consider introducing your spouse to your lawyer if you end up hiring one
• Include your spouse in major decision making
• Mentally work through the worst case scenarios

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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.

The legal industry has been stagnant when it comes to making any sort of ethics reform. For the states that are making changes to their ethics rules, those changes are typically based on opinions and arguments but not on data. The data is out there; we need to collect it and organize it in a way that will help regulators make better decisions.

I’m joined by criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. Erin and I are leading the charge on the Data Driven Ethics Project, which is a research project to compile, analyze and organize data about today's world of legal services in order to better draft the rules of professional conduct to embody traditional legal ethics in today's technology-enabled world.

What We Discuss in this Episode:

• Why no state wants to be the first to “stick its neck out” when it comes to progressive ethics reform
• Why some states are banning lawyer referral services by companies like Avvo and why that’s, in fact, harming the public instead of protecting them
• Many of the ethics rules as they are now limit the ability of the public to seek the help they need, which ultimately has the opposite effect of why the rules exist in the first place
• California’s recent ethics reform is certainly a huge leap forward and the changes are useful, but they’re still not based on data
• In order for lawyers to be able to follow the rules, they must be able to understand them. And unfortunately, most of the ethics rules and opinions are not written clearly
• If regulators are to create rules that truly reflect how lawyers practice these days and how the public interacts with lawyers, they need to rely on data

Contact Information:

www.datadrivenethics.org

Twitter: https://twitter.com/ehglawfirm

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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.

I’m diving into the changes that came about with the new revamp of the California Rules of Professional Conduct. Several years ago, the California Supreme Court convened a commission to work on bringing California's Rules into alignment with the ABA Model Rules. The Commission’s Rules were recently adopted by the Supreme Court and they go into affect later this year in 2018. 

In this episode, I’m breaking down what California lawyers need to know about the changes and how they impact their law practices. 

What I Explain In This Episode:

• California still hasn’t adopted the Model Rules; they simply amended California’s existing rules
• The way the rules are numbered have been completely revamped and they’re a bit confusing
• California is finally aligned with best practices when it comes to advance fees and now require that lawyers deposit those fees in client trust accounts
• What about sex with clients? When can a lawyer have sex with his/her client?
• The new client communication rule (CA New Rule 1.4) requires lawyers to advise their clients and manage their expectations as they relate to a lawyer’s conduct and capabilities
• What should a lawyer do when a client is engaging in conduct that is legal under California law but not legal under Federal law. This proposed Rule 1.2.1 was not adopted yet and is still up for discussion
• The new conflict of interest rules (New Rule 1.7, replacing old Rule 3-310) require that lawyers look more globally at the client and the relationship to find any conflicts
• New Rule 1.18 provides rules that apply to the attorney-client consultation and what confidentiality issues exist
• How this old rule (CA old Rule 2-400) provided greater protection for a lawyer who was accused of discrimination. The new rules are stricter and in some regard, less fair, when it comes to these allegations

Resources:

You can find all of the new rules here. 

California Lawyers Association Solo and Small Firm Section

Webinar: CA Rules of Professional Conduct: What the 2018 Rule Updates Mean to You– June 7th, 2018 Presented by James Ham and Megan Zavieh

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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 many instances when a lawyer might want to turn to the press and media to engage them in a way that helps their existing clients. While there are certainly numerous marketing benefits to engaging the press, there’s also a huge opportunity to offer unique legal services to clients in addition to litigation. We’re exploring how to be more media-savvy for the benefit of our clients in this episode.

I'm joined by Wayne Pollock, Founder and Managing Attorney at Copo Strategies, a national legal services and communications firm helping attorneys and clients ethically, strategically, and proactively engage the court of public opinion.

What We Discuss in This Episode:

• Why many lawyers might think their cases are too "small" for the media to even care (but why that's a huge mistake) 
• What two tracks lawyers should think about with regards to engaging the media
• Despite a judge's or jury’s ability to “block out” press coverage of a case, it’s human nature to be impacted by what is read and heard. That alone is sufficient to want to engage the press and take the opportunity to shape the case prior to entering the court
• A Pennsylvania attorney who released confidential taped conversations to the press and the ramifications of his actions
• What lawyers should know about ABA Rule 1.6 and Rule 3.6 when speaking with the press
• Rule 3.6(b) and (c) are safe harbors that delineate what lawyers are allowed to discuss with the media
• How lawyers can use the media as a defense mechanism on behalf of your client?
• How long it takes for a statement that taints a client’s case to dissipate from a juror’s mind
• What about statements that are only allowed to be made inside of court but not outside? How do lawyers deal with those?
• Attorneys can be liable for defamation if previously-filed copies of complaints are provided to reporters
• Why it’s important for lawyers to work with PR companies who are familiar with ethical rules
• The three categories of benefits for lawyers who utilize the media
• When does privilege apply to PR firms and why is it important to know? 

Resources Mentioned:

ABA Model Rules of Professional Conduct Rule 1.6

ABA Formal Opinion 480  

Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

ABA Model Rules of Professional Conduct Rule 3.6

Defamatory article:

https://www.prnewswire.com/news-releases/sanford-heisler-sharp-files-100-million-gender-pregnancy-and-maternity-discrimination-lawsuit-against-am-law-giant-morrison--foerster-300639108.html

Bochetto v. Gibson, 860 A.2d 67 (Pa. 2004)

Wayne’s Contact Information:

Website: www.copostrategies.com

Email address: waynepollock@copostrategies.com

Phone number: 215.454.2180

Wayne’s free guide for lawyers to help them avoid common mistakes when they speak to reporters: www.mediamistakeslawyersmake.com

Thank you for listening!

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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.

It’s not enough to be competent in your practice area, now clients expect lawyers to be decent human beings as well. In this episode, I share my thoughts on the importance of being a good person and how that has a positive impact on your business. 

I also examine the fall out from a New York attorney’s recent "racist rant" and how that is negatively affecting his reputation and law practice.

What I Discuss in This Episode:

• How lawyers now must be good people along with being competent in their practice areas 
• What effect, if any, your behavior outside of your lawyer duties have on your career as a lawyer
• Clients care about how they’re treated, and sometimes, that’s enough to prevent a filing of a malpractice claim
• How you treat clients is reflected in Google Reviews and that affects business
• What can we learn from Aaron Schlossberg, the New York lawyer who recently went on a rant that basically ruined his reputation as a lawyer

Resources Mentioned:  

Blink – Malcolm Gladwell

Erin Gerstenzang episode

Aaron Schlossberg - NY attorney 

http://abc13.com/society/ny-attorney-in-racist-rant-kicked-out-of-office/3488994/

https://ny.eater.com/2018/5/18/17368288/aaron-schlossberg-racist-rant-lawyer-ice

https://ethicalnag.org/2010/10/15/why-doctors-get-sued/

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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.

The bar exam has gone from traditional end-of-July ritual to a jungle of uncertainty, constantly changing dates and conditions, and total chaos for everyone who intended to take the exam and start their legal career this summer.  In an episode geared specifically to those in this situation, Megan talks about some strategies for staying in the know without getting overwhelmed, changing career course if needed, and maintaining perspective.

Resources Mentioned:
July 2020 Bar Exam Status by State Chart

California Bar Exam Letter

Lawyers Gone Ethical Episode on Diploma Privilege

Lawyers Gone Ethical Episode on Taking a Mental Health Day

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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.

Scheduling software programs help you keep your appointments organized, but they can do so much more for your practice.  From helping you set up networking meetings, to booking client calls, collecting payments for consultations, and requesting Google reviews, online scheduling software like Acuity can be a powerful tool for lawyers.

In this episode, I’m joined by Jess Birken, a non-profit attorney in Minneapolis, Minnesota. Jess loves all things tech and all things Acuity. She shares her top tips for using online scheduling software in your law practice. 

What We Discuss in This Episode:  

• How can lawyers get over their intimidation of technology and embrace modern tools?
• Aside from scheduling meetings, what else can Acuity help lawyers do?
• Whether you enjoy networking or not, it’s necessary. So how can you use Acuity to schedule networking meetings and simplify the process?
• Blocking off your calendar allows you to control your client meetings while maintaining a personal life
• From an ethics standpoint, communicating consistently with your clients through automation can reduce complaints
• Can a lawyer in any practice area benefit from using online scheduling tools?

Resources Mentioned:

Deep Work by Cal Newport

Jess’s winning website – 10 Best Law Firm Websites of 2017 

Zapier

Contact Information:

Jess's firm website

www.hackyourpractice.lawyer

Twitter: https://twitter.com/jessbirken

Special gift for LGE listeners: www.hackyourpractice.lawyer/gift 

If you enjoyed this episode, you might also like:

Tom Martin's episode about lawyer chat bots

Jared Correia's episode about law practice auditing 

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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, and Google Play, 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.

In this episode, I get a little bit more personal and share my candid thoughts about why the legal profession is ripe for legal ethics reform, and more importantly, why that’s not a scary proposition.

There are many forward-thinking legal practitioners and legal tech experts who are in favor of a large scale reform of the ethics rules but naturally, there are many others who are against any such changes. Despite the consensus among the former that change is needed, there is still some contention as to how to approach this change. While some believe that a line-item review of each ethics rule is sufficient, others believe that an entire overhaul of the current rules is what’s required.

Listen in to hear where I stand on this issue and my opinion on why reform is needed.

What I Discuss in this Episode:

• What the Data Driven Ethics project is
• Why many of the ethics rules are not based on data, but on perception
• How the ethics rules could not possibly keep up with the speed of social media
• Why tinkering with the individual rules in an attempt to update them will not suffice

Resources Mentioned:

APRL – Association of Professional Responsibility Lawyers

Erin Gerstenzang's episode 

Data Driven Ethics website

Eric Cooperstein's episode

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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, and Google Play, 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.

The better your law practice is managed, the less likely you are to fall short on even basic ethics duties like competence, diligence, and communication. That’s why audits of your law firm technology, marketing, and practice management are so important.

In this episode, I’m joined by Jared Correia, Founder and CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting and technology services for solo and small law firms. 

What We Discuss in This Episode:  

• Why workload overwhelm, not intentional misbehavior, is what often causes lawyers to run into ethics trouble
• What you can learn from examples of lawyers who, either through their own actions or not, experienced disasters that affected their abilities to conduct their legal work
• When it comes to technology, marketing, and management practices, what exactly should you be doing?
• How you, as a law firm owner, can get your staff to provide input regarding office operations 
• What types of technology should your firm employ in order to avoid ethics traps?
• When it comes to your firm’s financials, what software should you use and what systems can you institute to improve performance?
• The ethics of marketing tools and channels

Resources Mentioned:

Massachusetts LOMAP 

Productivity tools like email: Microsoft office or even better, Office 365

Accounting software: Quickbooks, Xero

Document cloud storage: Google Drive or One Drive

Scanner: Dropbox built in scanner or Scansnap

Contact Information:

Jared's website: www.redcavelegal.com

jared@redcavelegal.com

(617)398-7181

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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.

What are some proper billing practices that can help reduce the potential for bar complaints against you? In this episode, I share several best practices when it comes to billing clients for work performed.

What I Cover In this Episode:

• Make sure what’s reflected in your retainer agreement is also reflected in your billing practices
• Bill early and bill often
• Why you should describe the work you’re performing even if you’re billing on a flat fee basis instead of hourly
• Reconcile your trust account at least once a month
• Should the bills you send out include some sort of update on the case?
• What method of client communication will increase their chances of receiving and opening their bills?
• Keep copies of the bills you send to the clients

Resources Mentioned

Episode 2 

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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.

Technology is pulling lawyers and law practices into the modern age but how can you, as a lawyer and business owner, use technology to improve you practice management while remaining compliant with the ethics rules? Along with using technology, how can you apply project management concepts to improve your business?

I’m joined by John Grant, Founder of the Agile Attorney network. John works with lawyers and legal teams, acting as an outside COO to help them uncover new ways of practicing law.  

What We Discuss in This Episode:

• Why lawyers seek to derive intrinsic value from their practices
• What the correlation is between the first five rules of the ABA Model Rules of Professional Conduct and project management?
• What project management is and how it's applied in a law firm setting
• The lean startup methodology, the minimum viable product and how lawyers can apply this concept while writing briefs
• What ethics rules lawyers must be aware of when they’re applying project management methodologies
• Can certain project management methods improve client-attorney relationships?
• Can you effectively and competently represent a client when applying lean methodology?
• How value is determined and measured
• How your law practice processes evolve the more you test procedures and listen to your clients
• Should you utilize a quality control checklist when you’re drafting motions or conducting research and if so, what should be included on the list?

Resources Mentioned:

** UPDATED MARCH 2019 – John Grant’s Agile Productivity for Legal Professionals course is now available at https://agile.legal/p/agile-productivity-for-legal/?product_id=1062770.

Drive by Daniel Pink

ABA Rules of Professional Conduct Rules 1.1-1.5

The Lean Startup by Eric Ries

Toward an Anthropological Theory of Value by David Graeber

Billie Tarascio - The Lawyerist Podcast interview

Oregon State Bar PLF (Professional Liability Fund)

Kaizan 

John’s webinar 

Contact Information

Twitter: https://twitter.com/jegrant3

www.agileattorney.com

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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 catching on to the importance and value of integrating law bots into their practice, whether as chat bots on their websites or as client engagement and management tools. Founder and CEO of LawDroid, Tom Martin, joins us to discuss how bots can help automate and simplify internal law firm functions like research and external functions like client management.

LawDroid is a bot automation company with a mission to promote justice everywhere and dedicated to bringing the legal industry into the 21st century.

What We Discuss in This Episode:

• What a chat bot is and what it can accomplish for a lawyer
• Should lawyers worry that robots will take over their jobs?
• How to use bots to stay in touch with current clients
• The message and interaction logs that bots create and how they can help in malpractice suits
• How bots can be used internally within a law firm to complete tasks like research to filling out documents
• Where bots can’t replace human lawyers
• The ethical considerations to keep in mind with bots
• What type of disclaimers you must make when you’re using a bot
• How bots can help you work ON your business and not IN your business

Resources Mentioned:

Deep Work by Cal Newport

Billie Tarascio's interview on The Lawyerist

x.ai – AI assistant 

Contact Information:

www.lawdroid.com

Twitter: https://twitter.com/lawdroid 

Tom is speaking at the GLSA/GP Solo conference– April 25-28th, 2018 

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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.

Send any ethics questions that you’d like me to address in a future episode. Reach me at megan@zaviehlaw.com or Tweet me @zaviehlaw  

Lawyers no longer have to fear ethics constraints when crafting a law practice that truly reflects their lifestyle desires and needs. It’s possible to build a practice that provides flexibility and fulfillment while allowing lawyers to provide legal services in the way that they choose. 

I’m joined by Melissa Hall of Smol Law, a primary legal care practice in Seattle, Washington. Melissa shares how she’s innovating with her law practice without fear of ethics.

What We Discuss in This Episode:

• How Melissa took an old school practice and brought it into modern day
• Why it’s important for lawyers to actually care about the work that they do
• Aside from providing counseling and advice, how Melissa is using her network to help clients find other lawyers
• How Melissa is able to implement innovative practices
• Why lawyers rarely stop and think about what they really want out of their careers
• How to plan for a practice that suits your life and lifestyle
• What it looks like to have a practice when you have an illness or other medical condition that requires constant attention
• Planning and preparing for a “backup” lawyer for your solo practice
• The virtual nature of Melissa’s practice and how she schedules her consultation calls
• How Melissa’s retainer agreements and early communications with clients anticipate and reduce any surprises
• The value of providing your services as a monthly retainer and subscription-style service

Resources Mentioned:

Patreon

Jeena Cho's Episode 6

Contact Information:

melissa@smol-law.com

Melissa's 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.

What should your social media profile(s) include? Are you compliant with the ethical rules when you build out your social media profiles? In this episode, I discuss what you should consider including in your profiles in order to remain compliant.

What I Cover in This Episode:

• When is your social media profile considered attorney advertising and when is it not?
• What must you include in your profile if we are to treat it like attorney advertising?
• On Facebook specifically, what’s the important and necessary information to include
• What about Twitter? What should be included there, especially considering there’s less room to include information?
• What disclaimers, if any, should you include?
• How can you make the best use of the “Pin Post” option?
• Should you include terminology indicating specialization? If so, what language should you include?
• Can you include testimonials in your profile? Should you?

Resources:

My interview on The Lawyerist Podcast 

My interview on the Legal Toolkit podcast

My conversation with Jeena Cho on The Resilient Lawyer Podcast

ABA Model Rule 7.2

Ca Ethics Rule 1-400

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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.

Interest in mindfulness and meditation is on the rise in the legal profession and for good reason! There are numerous benefits to incorporating mindfulness into your law practice and legal career, the most relevant to us being that it helps lawyers do their jobs better (which means fewer potential ethics complaints).

I’m joined by lawyer, author, and mindfulness instructor Jeena Cho who shares her insight on the connection between mindfulness, wellness, and building more sustainable law practices.

What You’ll Learn in This Episode:

• Why is mindfulness important in the practice of law?
• What are some tools available for relieving stress and calming the mind?
• How can you recognize when your mind is not in the present moment?
• How to incorporate mindfulness into your daily life
• How much time should you give yourself to retrain your brain?
• Who benefits the most from practicing mindfulness, meditation, and self-care?
• What are some of the destructive behaviors many lawyers engage in to cope with stress?
• How laying down a strong foundation for yourself can help you achieve well-being as a law student
• How not to let your career derail your health habits
• How can practicing mindfulness improve your interactions with your colleagues and clients?
• Some tips to maintaining a mindfulness practice and making it last

Resources Mentioned:

Sharon Salzberg - mindfulness and meditation author 

Headspace app 

Insight Timer

Jeena's book - The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation 

The Resilient Lawyer Podcast

Www.jeenacho.com

Twitter: https://twitter.com/jeena_cho

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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.

The moral character application might seem like it’s only something law students need to worry about but if you’re a lawyer who’s looking to be admitted in other jurisdictions, then you’ll certainly want to pay attention. This is especially true if you happen to have a few blemishes in your past that you need to disclose in your application. 

In this episode, I offer my tips on how to approach filling out the moral character application that isn't squeaky clean. 

What I Cover in This Episode:

• Should you disclose any past blemishes on your moral character application, even if they’re tiny incidents that happened a long time ago?
• When you do disclose unfavorable incidents, what’s the best way to address them?
• What types of incidents are considered dishonest and thus require disclosure?
• Why honesty with the bar is far more important than your past indiscretions
• What to do if you can’t fit your explanation on the actual application
• Why finding respected professionals, like judges, other lawyers, even doctors and politicians, who are willing to speak to your character through letters of recommendation is important
• How to decide whether an incident requires disclosure or not?

Resources Mentioned:

Shon Hopwood- Jailhouse lawyer

Submit your questions for future shows via Twitter @zaviehlaw or email megan@zaviehlaw.com

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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

Many families will have the kids home this fall, whether by choice or school policies. If you're going to be running your law firm from home in the presence of homeschooled kids, Megan has come up with five things you (and she) can do now to prepare for a smoother road and ethical law practice ahead.

1. Schedule (honestly)
2. Get help 
3. Plan breaks
4. Plan your finances
5. Organize space

And the 8 year old adds a bonus 6th!

Resources Mentioned:

Funny video - What day is it?

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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.

The legal profession is evolving and yet, so many of the ethics rules can’t seem to keep up. They are simply outdated and need a 21st century facelift.  I’m joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today.

What We Discuss in This Episode:

• Why the rules need to be updated in order to spur innovation in the legal profession
• How Rule 5.4 as it currently stands affects who lawyers can share profits with (even when it comes to their own paralegals)
• What is Rule 5.4 designed to protect against? Is that still a relevant concern nowadays?
• How other rules, like Rule 4.2 - communication with a represented person, and Rule 4.3 - dealing with an unrepresented person, contradict Rule 5.4
• Why the belief that lawyers are improperly influenced by third parties is not based on any empirical data
• How legal companies run by non-lawyers aren’t restricted like lawyers are so they’re able to innovate faster
• Rules restricting practicing in multiple jurisdictions unless admitted to those bars - are they unrealistic in our current legal climate?
• Are lawyer non-compete agreements beneficial?

Resources Mentioned: 

Bates v. Arizona State Bar 

ABA Model Rule 1.1

ABA Model Rule 4.2

ABA Model Rule 4.3

ABA Model Rule 5.4

ABA Model Rule 5.5

ABA Model Rule 5.6

Contact

Eric’s Twitter @ethics_maven

www.ethicsmaven.com

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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.

What does kindness have to do with ethics complaints? Well, possibly a lot! I believe that if more lawyers practiced kindness towards their clients and even towards opposing counsel, even when it is difficult to do so, there would be fewer ethics complaints filed against them. That's exactly what I discuss in this episode. 

What I Discuss In This Episode: 

• What does it mean to be kind?
• Who do we need to be kind to and why?
• What should lawyers do to insure their clients are happy?
• What role does kindness play in the attorney-client relationship?
• How does kindness make you a better lawyer?
• What can a lawyer do once a Bar complaint has already been filed
• Can kindness be self-satisfying?

Resources Mentioned

The Lawyerist Podcast by Sam Glover and Aaron Street 

Billie Tarascio

My Contact Information:

Twitter: @zaviehlaw

Facebook: Zavieh Law

Email: megan@zaviehlaw.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.

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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.

Show Notes

Is that contact form on your website compliant with the ethical rules? How should you handle negative online reviews by clients? The ethics rules can be complicated and often times, lawyers just don’t know that they’re violating them.

In this episode, I’m joined by Atlanta criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. We are talking about five specific areas that can be danger zones for solos and small firms when it comes to the ethics rules.

What We Discuss in This Episode:

• Can you rely on marketing experts when they’re not familiar with the ethical rules?
• How can you use Contact Forms on your website appropriately, especially if your marketing company is tracking submitted data 
• What is the level of competency the ABA requires regarding use of technology 
• When it comes to negative online reviews, how and when should you respond?
• How can you best use positive online reviews?
• What can lawyers learn from Disney when it comes to customer service
• Can you talk freely about your client’s case with other lawyers, such as on listserves? 
• Why so many of the current ethical rules need to be rewritten to reflect the current reality of the practice of law
• When it comes to cybersecurity, are lawyers doing what they need to do to make sure email communications are secure?
• What can you start doing today to create more secure passwords
• Is wifi really secure?

Resources

Hunter v. Virginia State Bar 

1Password

LastPass

LifeLock

Virtual Private Network (VPN)

Lawyerist

Clio

MyCase

Rocket Matter

Contact Information

Social media: @ehglawfirm

Website: www.ehglawfirm.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, and Google Play, 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.

In my first episode, I start off with a short introduction of who I am. I am an ethics attorney practicing primarily in California, and in short, I save lawyers' careers. 

I also wanted to make my first episode useful and practical for you so I’m tackling a critical topic that I deal with frequently and that is: what should you do if you receive a bar complaint?

What You’ll Learn In This Episode:

• Why the first thing to do when you receive a bar complaint is to not panic and just read the letter several times
• Calendar the date by which you need to respond
• Then analyze the underlying events and facts
• How you can protect yourself against a complaint by a client without waiving attorney-client confidentiality (and when is it ok to break privilege?)
• Where you can do some research to better understand the potential consequences
• Should you respond on your own or seek help?
• If you’re going to respond and defend yourself, what should you include in your response?

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, and Google Play, 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. 

Bar exams are a rite of passage for attorneys graduating from law school and being sworn in to practice law. But what if the bar exam is not feasible, such as during COVID-19? And what if the bar exam has an incredibly racist history that calls it further into question? And what if there is no empirical evidence that the bar exam has any correlation to an individual's ability to effectively practice law?  Jordan Couch is the Chair of the Washington Young Lawyers Committee, and he has been taking up the laboring oar on diploma privilege, gathering data and writing to advocate for more state bars to grant graduates the right to practice.  Jordan sat down with Megan to discuss this pressing issue and its many ramifications.

Resources Mentioned:
Jordan's letter regarding diploma privilege

Article on history of bar exam

CA bar statistics with race breakdown

Some info from the LSAC bar passage study

A more modern article about race and the bar exam

More on the history of diploma privilege

Guest Info:

Jordan Couch on Instagram, LinkedIn, Twitter

Jordan’s Email:  jordan@palacelaw.com

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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.

In two contexts, lawyers and bar applicants worry about hiring an ethics lawyer. In moral character applications, applicants are often concerned that having a lawyer involved makes it look like they are hiding something.  In discipline matters, lawyers express concern that hiring counsel makes them look like they committed misconduct.  In truth, having a lawyer's expertise far outweighs any image of guilt that may be created by hiring counsel.  In this episode, Megan unpacks the question of "will hiring an ethics lawyer hurt me?" in both the moral character application and discipline contexts.

Resources Mentioned:
Bernard Nomberg YouTube Video

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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.

We've been scouring the internet to figure out what lawyers are asking about, and it turns out IOLTAs are a hot topic. In this episode, Megan answers some burning questions about IOLTAs, including:

• Can a firm have an IOLTA?
• Can a lawyer have more than one IOLTA?
• Can an IOLTA be used to send and receive wires?
• How does an attorney handle a check made out to their IOLTA and the client jointly?

She also answers our first listener audio question about reviews and donating to charity.

Resources Mentioned:
Article Megan mentioned referencing ethics opinions in multiple states

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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.

Mental health is tough to tend to, especially as solo and small firm lawyers make a ton of excuses why we cannot be out for even one day. So how do we take a day off that leaves us actually inspired to go back to work and not more stressed than when we left the office? In this episode, Megan shares her story of a recent day off that shed light on some "how to" ideas for taking a mental health day. To read her full story of the day off, visit Attorney at Work for her upcoming article.

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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.

Good policies and procedures make a law office run ethically, but file destruction is one where a lot of lawyers have questions.  How long should we keep files?  When does the time period begin to run?  How do I let my client know?  In this episode, Megan explores these questions and promotes some best practices.

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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.

As teams disperse to remote work environments, the lawyer's duty to supervise takes on new wrinkles. Pennsylvania issued an ethics opinion to help guide us; it brings together past ethics opinions and adds details for today's new world. Kristin Tyler of LawClerk knows plenty about working remotely and supervising remote teams, since the business model relies upon a decentralized workforce. She joins Megan to talk about Pennsylvania's opinion and key issues for remote teams.  Topics include:

- Making sure remote workers abide by confidentiality duties

- Asking your remote team questions you would normally not, such as the identity of roommates, the physical setup at home, and their network password security

- Moving ahead, how law firm work will change 

- Civility in the profession, today and as we go forward

For the Pennsylvania opinion, go to https://www.lawsitesblog.com/wp-content/uploads/sites/509/2020/04/PBA-Formal-Opinion-2020-300-Ethical-Considerations-for-Attorneys-Working-Remotely.pdf

Guest Info:

LawClerk website

LawClerk on Twitter

Kristin on Twitter

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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.

George Psiharis joins Megan to talk about the Clio Legal Trends report for 2020, the ongoing release of new information, and how Covid has impacted this important project.

Resources Mentioned:

Clio Legal Trends Report

Clio Covid Impact Report

Guest Info:

George on Twitter

George on LinkedIn

Clio on LinkedIn

Clio on Twitter

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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.

We typically think of team-building as bringing on full-time or infinite-duration members, but this mindset overlooks a great source of shorter-term talent. Law student interns can be great additions to your solo or small practice, and they give you an opportunity to streamline your processes while you give back. In this episode, Megan sits down with Erik Pelton, trademark attorney in Falls Church, Virginia, who shares his insights on hiring law student interns for his boutique practice. They talk benefits for both law firm and intern, and how to go about getting started hiring interns.

Guest Info:

Erik Pelton's Website

Erik's Book - Building a Bold Brand

Erik on 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.

Even the United States Supreme Court has had to adapt to working remotely during COVID-19.  Still, long-term lockdown (plus further uncertainty with kids ending school and some businesses reopening) can really suck the productivity out of us.  In this episode, Megan explores some tips for getting back to business during these uncertain times.  Highlights include:

- Changing up the routine

- Revisiting your early quarantine plans

- Checking out available resources

- Grasping a realistic view of your firm's current situation

- Virtual conferences

- Getting organized

- Planning for the future

Resources Mentioned:

The Flush Heard Around the World

Lawyer Forward Virtual Conference

Rocket Matter's Virtual Conference

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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.

The king of subscription legal service, Jon Tobin, sat down with Megan in the midst of COVID-19 to talk about how lawyers can evolve in the way they offer legal services. Subscriptions are of course a major way we can change our offerings, and Jon has a lot to say about how it works, why it works, and how the ethics rules impact but do not stymie the offering. 

Guest Info:

Jon Tobin's Website

Jon Tobin on Twitter

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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.