Ethical Marketing

    This week I’d like to discuss Dustin A. Cole’s Ethical Marketing Presentation. I find that I see a lot of advertising around Florida that seems questionable. It seems like a lot of attorneys in this state like to push the boundaries of what is acceptable advertising – specifically personal injury plaintiff’s attorneys. 

 

Cole’s article focuses on a few main points: 

 

    1. Competition – Lawyers have to compete for business and marketing is necessary to make a living because there is so much competition. His presentation indicates that there are more than 1.1 million attorneys competing with one another for business – and this text is now 20 years old! He notes that pressures to succeed can lead to questionable marketing. 

    2. Florida House Bill 1357 Entitled “A Bill Relating to Attorney Practices” – This bill proposed that marketing would be restricted to a “tombstone,” including only name, rank, and serial number of attorneys. He notes this bill did not take off, and I think we can clearly see that driving down Dale Mabry, Kennedy, or I-275. Cole finds this troubling and indicates that most individuals who break the ethical rules are just trying their best to pay their bills rather than deliberately trying to violate the rules and be an unethical practitioner. 

    3. Referrals – Using a personal anecdote about reputation, Cole maintains that we don’t live in small communities anymore, people do not know each other like they used to, and there are hundreds of similar attorneys living in one area, so referrals do not typically generate the amount of business that they used to. That is, unless you develop these trusting relationships with other attorneys. He goes further to say that “skillful referral marking is even more relevant and successful today,” noting that building trusting relationships for referrals is a very ethical way to advertise your firm. In addition, it is cheaper than advertising. It is a relief to know this is the most ethical type of advertising, because frankly I find it degrading to plaster your face on billboards and bus benches. I’m sure many of those attorneys are incredible, but I automatically associate this type of aggressive advertising for legal professionals too be sleazy and automatically gives me a feeling for distrust. 

    4. Solicitation – Attorneys used to directly solicit for business, that is, reaching out directly to strangers, and asking for their business. As competition grew in the industry, PR rules barred solicitation, including solicitation through third-party agents. This is why referrals are more ethical – they require a client to reach out to you first rather than you reaching out to a client.  Some states like Michigan, even criminalize solicitation of legal services in the same vein as prostitution! 

    5. Systems for Referrals – Cole maintains that attorneys and firms need to have systems in place like injury forms and file opening checklists to maintain referrals. This is more effective than just trying to remember receiving a call about a referral. In addition, the use of a calendar is a great way to keep up with constant communication regarding referrals.  Maintaining your phones and emails and doing so quickly through either yourself or your team is imperative to ensuring referrals keep up and do not decrease. 

 

    This article was thorough in discussing the best way to obtain clients in an ethical manner. Again, I am pleased to hear that a referral system can be the best and most ethical way to “advertise” to clients. Not only is it a more dignified process, it removes the concern of violating professional responsibility rules. It would be a true shame to spend the time and money to get a law license and then lose it due to advertising. 

Greatness is not Spontaneous

     The police officer climbed up the building after Thomas Matthew Crooks with the help of a colleague who tried to hoist him up. The officer scaling the side of the building saw Crooks on the roof. Crooks pointed his rifle at the officer, and the officer promptly let go of the roof and fell to the ground. On its face, a reasonable response, and one most are unlikely to question or dwell upon.

    Firefighter Corey Comperatore heard and/or saw initial gunfire. He yelled, "get down," threw his wife and daughter to the ground, and shielded them with his body. One of Crooks' shots struck Comperatore in the brain, killing him. This was heroism and self-sacrifice in its purest form.

    At first glance, the decisions of this police officer and Corey Comperatore may not appear to be comparable. Yet, in my opinion they were faced with very similar choices. The officer must have known in climbing up after Crooks that Crooks was likely planning to either attempt to assassinate Trump, or at least to harm or kill another person or people. The officer's awareness of the extent of Crook's threat to others was enough that he had another officer hoist him up to climb that building. When Crooks pointed the gun at him, the officer chose to save his only life rather than risk it in hopes of preventing or at least hindering Crooks from killing others. Did the consequence of the decision in that moment register with the officer? Was it too brief and the officer's response too reflexive for him to realize this? Even if it did not register, did Crooks begin firing too soon afterward for the officer to have made another attempt to ascend the building, with or without the help of the other officer?  Officers necessarily at least think about the prospect of being injured or killed in the line of duty when attempting to mitigate or prevent harm to others. Perhaps this even specifically comes up in training.

    Comperatore was a firefighter. Hence, thoughts of self-sacrifice, being injured or killed in the line of duty while saving others from harm were required by the job. He had to be prepared to do this for strangers. With his wife and daughter in the path of bullets, the immediate decision to sacrifice himself would have been even easier. Would the officer have continued up the building despite Crooks aiming a rifle at him if his wife and daughter had been near trump at the rally?

    As a complete outsider to both these occupations, the training involved, and the situations and decisions, I wonder how much disaster situation preparation affects one's ability to make the tough decision of self-sacrifice if and when confronted with the decisions these men faced. Comperatore was a true hero, and the world will remember him as such. The name of this officer is nowhere to be found in any media I have come across thus far. And regardless of public opinion about him, I doubt that if he sleeps at night, he does so without thinking about what he could have done differently this past Sunday, and how he might have mitigated or prevented the death and harm that was done.

    In preparing for oral arguments, we have colleagues throw the most difficult questions at us so that our responses when such questions are asked during actual oral arguments, our responses are as polished and perfect as they can be. Similarly, in surgery, we study pitfalls and complications not only to avoid them, but to study and prepare for how to repair or remedy them when they arise. The lawyer or surgeon who lacks such preparation will almost certainly have a spectacularly worse performance when the direst situations arise. In my opinion, greatness is best achieved through preparation and training rather than relying on what our spontaneous best may be when faced with the the worst scenarios we could possibly have imagined.

    

Online Presence: Law Firms & Digital Marketing

We live in the internet age. No question about it. Yet many law firms seem stuck in the past with their websites and social media presence. Building a strong online presence is no longer optional for law firms—it’s essential. Potential clients increasingly turn to the internet to find legal services, research attorneys, and read reviews. 

To stay competitive, law firms must leverage digital marketing to build and maintain a robust online presence. In this blog post, we'll explore the importance of a strong online presence for law firms and offer practical tips for improving your digital marketing efforts.

The Importance of a Strong Online Presence

1. Visibility and Reach

   • A strong online presence ensures that your law firm is visible to potential clients who are searching for legal services. This visibility expands your reach beyond local boundaries, allowing you to attract clients from a wider geographic area.

2. Credibility and Trust

   • An informative, professional website and active social media profiles help establish your law firm's credibility. Clients are more likely to trust and choose a law firm with a polished online presence over one that lacks digital visibility.

3. Client Engagement

   • Digital marketing allows you to engage with potential and existing clients. Through social media, blog posts, and email newsletters, you can provide valuable information, answer questions, and build relationships with your audience.

4. Competitive Advantage

   • Many law firms have yet to fully embrace digital marketing. By building a strong online presence, you can differentiate your firm from competitors and position yourself as a leader in the field. 

Tips for Improving Your Digital Marketing Efforts

1. Develop an Extra Professional Website

   • Your website is often the first point of contact for potential clients. Ensure it is well-designed, user-friendly, and mobile-responsive. Include essential information such as your areas of practice, attorney profiles, contact details, and client testimonials. Sites like Squarespace make this much easier than ever before to do it yourself!

2. Optimize for All Search Engines (SEO)

   • Search engine optimization (SEO) is crucial for improving your website’s visibility on search engines like Google. Use relevant keywords, create high-quality content, and optimize meta tags to improve your search engine rankings. Local SEO is particularly important for law firms, so claim and optimize your Google My Business listing. Don't hold back!

3. Leverage Social Media Through Organic and Paid Content

   • Establish a presence on social media platforms such as LinkedIn, Facebook, and Twitter. Share your content, engage with followers, and participate in relevant discussions. Social media can help you connect with a broader audience and humanize your law firm. Maybe you utilize a giveaway of firm merchandise for those who engage and follow, or maybe you reward your fans for sharing. 

4. Invest in Pay-Per-Click (PPC) Advertising

   • PPC advertising, such as Google Ads, can drive targeted traffic to your website. By bidding on relevant keywords, your ads can appear at the top of search results, increasing your visibility to potential clients who are actively searching for legal services. A little paid can go a very long way with PPC. 

5. Encourage Client Reviews

   • Positive reviews can significantly impact your online reputation. Encourage satisfied clients to leave reviews on Google, Yelp, and other review sites. Respond to reviews professionally, addressing any negative feedback constructively, and don't feel like you need a perfect five star rating every time to build a strong reputation! 

Striking the Balance: Embracing Diversity Without Exclusion

 Promoting diversity and inclusion aimed to provide opportunities to those not previously afforded opportunities.  However, those who could extend opportunities did not do so without intending to get a return on their investment. The offered appeared to me to be opportunities extended in exchange for access to the depth of experience in the particular diversity presented. The gamble is that within that depth of experience would be a different perspective on a problem or even a possible solution. 

Diversity includes differences such as race, ethnicity, gender, age, disability, sexual orientation, religion, and socioeconomic background. It's about acknowledging and celebrating these differences to create an environment where everyone feels valued and respected. 

Inclusivity ensures that all individuals have equal opportunities to participate and contribute regardless of their background. An inclusive environment doesn't just welcome diversity; it actively nurtures it by recognizing and addressing barriers that have historically marginalized certain groups. 

One of the challenges in promoting diversity is the risk of creating an 'us vs. them' mentality. This mentality can emerge when the majority is seen as the opposite of diversity, leading to resentment and defensiveness. It's essential to remember that diversity includes everyone, even those considered part of the majority, to avoid this divisive mentality. 

The understanding that diversity is about the collective richness of varied experiences and perspectives is best promoted by using inclusive language, ensuring equitable opportunities, and encouraging allyship. 

It is important to use language that encompasses everyone to avoid framing diversity as something that excludes the majority. Instead, highlight how everyone benefits from diverse perspectives.

Equally as important are the policies and practices that should provide equal opportunities for all rather than focusing on preferential treatment for specific groups. Approaching the issue like this helps gain broader support for diversity initiatives. 

When it comes to engaging individuals from the majority, it's important to recognize them as allies in diversity efforts. Allies can play a pivotal role in advocating for and supporting inclusive practices, helping to create a more inclusive workplace for all.

Balancing the need for diversity without labeling the majority as non-diverse requires a nuanced and inclusive approach. We can create a truly diverse and vibrant community by fostering an environment where all individuals feel valued and included. Diversity inherently embraces inclusion. 

 

Covering to Learn

I never knew this, but apparently a highly effective strategy for new attorneys to make money and gain experience is by covering for other attorneys. In this week’s Chapter of “How to Start a Law Practice, Benikov shares his insights doing just that. Covering occurs when one attorney appears in court or at a hearing on behalf of another attorney who is unavailable. This can be due to various reasons such as scheduling conflicts, personal commitments, or even an attorney's preference for leisure activities. Benikov suggests that for new lawyers, this presents an excellent opportunity to earn money while learning the ropes of courtroom proceedings.

Benikov highlights several benefits of covering for other attorneys. First and foremost, it provides a steady income stream, especially for those starting out with few private clients. Attorneys typically charge by the hour or a flat fee for coverage appearances, and while these rates may be lower than those for private clients, the volume of opportunities can make it a worthwhile endeavor. Moreover, covering allows new attorneys to continually learn and gain practical experience. By appearing in court, they interact with judges, prosecutors, and other legal professionals, helping to build their reputation and professional network.

Benikov suggests that another significant advantage of covering is the networking potential it offers. New attorneys will likely cover for both proficient and less proficient lawyers, learning valuable lessons from both. Good attorneys provide a model for running a successful practice and interacting effectively with clients, while covering for less competent attorneys highlights practices to avoid. Benikov seems convinced that these experiences are invaluable for a new attorney's growth and professional development. Moreover, as Benikov notes, coverage opportunities are rarely advertised and are usually secured through referrals and word of mouth.

However, it is not all sunshine and rainbows.  Benikov cautions about the potential pitfalls of covering for other attorneys. Some may send a cover attorney into challenging situations intentionally, such as dealing with a displeased judge or a problematic case. Additionally, issues with timely payment can arise, necessitating careful selection of attorneys to cover for. New attorneys should be aware of these potential challenges and approach coverage opportunities with a discerning eye to avoid problematic situations and unreliable payers.

After reading this chapter, my eyes have been opened to the practice of covering for other attorneys.  I never realized this could be a strategic opportunity for new lawyers. It offers a means to earn money, gain practical experience, and build a professional network. While there are challenges to navigate, I figure navigating challenges will just be the norm for a new attorney, regardless of the work they pick up.  Benikov certainly seems convinced that the benefits far outweigh the potential drawbacks.

Opinion on "Court ends Bar diversity funding"

I am not surprised, just disappointed by this information. Florida politics have been working against civil rights for awhile now, with a huge uptick in recent years with the DeSantis and Trump-era ultra-conservatism Christian Nationalist agenda. It is clearly a political move that diverts itself away from ensuring Americans are fairly employed and treated in their profession.

Instead of outright condemning an interest in diversity and inclusion, Scott Westheimer is taking the pressure off himself by diverting the attention to the Membership Outreach Committee. All Florida Bar members are by nature involved with the Bar. It sounds great, but it doesn't actually address the issue - that we all benefit from a diverse legal profession. 

Step Towards True Equality: Defunding the Diversity and Inclusion Committee

The Florida Supreme Court's recent directive to eliminate funding for The Florida Bar’s Diversity and Inclusion Committee marks a pivotal step towards achieving true equality within the legal profession. By redirecting resources towards the newly established Membership Outreach Committee, the court emphasizes a commitment to impartiality and unbiased treatment of all Bar members. This move aligns with the principle that every lawyer, irrespective of background, should have an equal opportunity to excel based on their merit and skill.

By focusing on merit and skill, the legal profession can ensure that clients receive the best possible representation. Discontinuing specific funding for diversity initiatives does not diminish the importance of diversity; rather, it integrates the commitment to fairness and equal opportunity into the broader framework of the Bar’s operations. This transition fosters a culture where every lawyer's contribution is valued and recognized based on their professional abilities, paving the way for a more equitable legal system.

In conclusion, the defunding of the Diversity and Inclusion Committee is a significant step towards achieving true equality in the legal profession. It reinforces the commitment to treating all Bar members impartially, ensuring that the best talent rises to meet the needs of clients. This approach not only enhances the quality of legal representation but also promotes a more unified legal community.

I say all this fully aware there is a lack of diversity in the legal field. I am fully supportive of bringing more diversity and walks of life to law offices. What I disagree with is seeing a diversity hire for the sake of a diversity hire. This is the most competitive field to get in to and everyone should be held to the same elite standard.

Distinction without difference?

The diversity funding cut by the Florida Supreme Court recalled for me the SCOTUS decision which changed how Harvard and UNC were considering race in the context of admissions because of purported violations to the Equal Protection Clause.  On the surface, while I may not agree with the result or policy, I can understand how the legal analysis could be drafted to yield such a ruling.  To wit:  if we’re not to treat any races differently – this means in a negative light as well as a positive light.  However, the public policy behind such structures as so aptly discussed by RBG were to reverse racially motivated discrimination which had reigned since time immemorial.  

Certainly, clever advocates can pull apart the text of case law and construe in any light that serves their argument.  However, one can only wonder why judicial resources would or should be used to achieve an end which serves only to eradicate social progress.  The same can be said for the Dobbs decision which overruled 50 years of progress achieved by Roe v. Wade.  Why are we expending resources and brain power removing rights, walking back social justice?  The country is screaming for attention in relation to poverty, immigration, education, and the opioid epidemic, and this is where our lawmakers are choosing to focus.  That our governor “quietly” signed the 6 week abortion ban into effect in April of 2023 needs no explanation.  Anytime the government or politicians do anything quietly speaks volumes.

You could argue that the transition from funding diversity initiative to membership outreach is really a distinction without difference on its face, but the growing trend in lawmaking reverting gender and racial equality is a bellwether of concerning lawmaking on the horizon, and as to how such decisions metastasize into other areas of [now] tenuous equality .  Such decisions are permeating the country and permitting lawsuits for funding minority businesses and the like:

“The Fearless Fund, established in 2019 to bridge the gap in venture capital funding for women of color, is facing a lawsuit by the American Alliance for Equal Rights, run by conservative activist Edward Blum, who led the successful U.S. Supreme Court challenge to the consideration of race as a factor in college admissions.

While the 11th Circuit ruling against the fund affects only Georgia, Alabama and Florida, investors and corporations running diversity investment programs elsewhere in the country are paying close attention to how this could expose them to similar lawsuits.”

Florida Bar Diversity Funding Cut by State Supreme Court (2) (bloomberglaw.com)

Inside the Decision: Here’s What the Supreme Court Said About Affirmative Action | News | The Harvard Crimson (thecrimson.com)

Ron DeSantis quietly signs Florida's 6-week abortion ban into law (nbcnews.com)

US Court Decision Casts Shadow on Diversity Venture Capital Funding (usnews.com)

Legal Fuel and the future

 I have been browsing the legal fuel website that professor Bassett provided and just wanted to say its one of the many helpful resources I have put to the side for future use. I also plan to use the texts he has provided after graduating and passing the bar. I think these are resources that every law student should have when going into the practice of law. They are very helpful resources.

Legal fuel has some helpful articles spanning everything about the law. I was particularly interested in the articles concerning software use in the law firm. In the law firm I am working at we are currently transitioning to paperless. 

I recall hearing the name legal fuel before early on in my legal education. However, now is the time that I can really use this platform in a practical sense. I think as time goes on I will come to appreciate this course more and more and will come back to what I have learned in this class for years to come. Thank you.

A Paralegal Goes to Law School: Get a Life

 

    I think it's pretty safe to say that most people know the legal profession is stressful and even moreso when you are just starting out.  You have people coming to you most likely on the worst day of their life, a senior partner breathing down your neck to get a motion drafted in an area of law you have a thimble full of knowledge about, and you're still trying to figure out why the damn copy machine keeps eating your exhibits.  It's easy to get lost in the minutiae of daily life but let's not forget we "work to live" not "live to work".  There is nothing sadder than someone who gets to the end of their professional life and realizes they missed out on so much life all for the sake of the almighty billable hour. 

    Gentle reader (in the words of Lady Whistledown) I am here to tell you that yes, you should absolutely do the best job but also don't kill yourself doing it and remember you have a life outside of the law.  We are human "beings" not human "doings" and as much as I find the law fascinating there are times when even I need to step back and take a look at the bigger picture.  This not only helps me as a future practitioner of the law but also as a human so here in no particular order are 5 ways you can "get a life" while doing this thing called law: 

1.     Don't forget your family and friends. 

    I know it's cliche but it really is true that on your death bed you aren't going to be asking if you made that one filing on time or if you were able to get that one deal brokered for the client.  No, you're going to want those you love closest to you and you will want the memories of your time spent with them gently carrying you to the other shore of this existence.   While Brian Tannnebaum would tell you "I know, you don't have time to get involved, you have kids.  How unique. Cut the crap, you have time" I am here to tell you that this "time" does not last very long when you have kids (additionally, I would very much like to know if Mr. Tannebaum has children, how that relationship is now).  One minute they are in diapers and the next your eyes are glazing over while listening to the 400th dissertation on Minecraft strategy.  Additionally, you might want to buck the tradition of being an attorney with a long trail of ex-spouses and maybe spend some time with them as well.  

2.     Move your body.

    As someone who wishes they could be just a brain in a jar not having to constantly maintain this "meat suit", I get it, you don't want to exercise but trust and believe it does make a world of difference. It improves your mood as well your cognitive abilities.  Now I'm not saying you need to go get a gym membership (although you could), or purchase a bunch of fancy exercise equipment, I'm just saying you have to move your body.  The key is to find something you actually enjoy.  Personally I like to take walks and I'm fortunate that my office building has a peloton studio that I can either bike or use the tread so if I'm feeling particularly stressed I'll pop down to the 2nd floor and take a virtual walk on the tread while looking at landscapes of Antigua.  If the weather is nice, I'll go down to the Riverwalk and take a walk at lunch time.  Like I said, it doesn't have to be anything fancy, just find a way to move your body that you enjoy; whether that be boot camp style work outs, yoga, or just playing ball with your kids; find something you enjoy. 

3.     Maybe eat something with nutritional value?

    While we are on the topic of health, you might want to put the DoorDash burger down and eat a few vegetables.  Again, I'm not saying go all in on a crazy fad diet and restricting all the good food in life, I'm just saying maybe do that in moderation.  Make sure you get enough protein in the morning so you aren't cranky by mid-day. Start packing your lunches.  Not only will this save you time and money but it will ensure you actually eat something in the middle of the day and aren't wondering why you are a raving lunatic by 4:00 pm.  Having a steady stream of good nutrition throughout the day will help your overall health but also help you not to bite everyone's head off due to low blood sugar.  

4.    Schedule Vacations. 

    I will be the first one to admit I am TERRIBLE about doing this but thankfully I have a spouse who helps me remember I'm not an android and I do need to have some fun and relaxation every now and then.  This does not need to be a 5 star Ritz Carlton vacation.  I am no stranger to camping trips and Motel 6 getaways but just getting away from your usual routine and seeing something different can really help give you perspective and it also makes you aware that "hey, there is life outside of the office!".  There have been times when we would go and be a tourist of our own state (easy in Florida) and spend an extended weekend a few hours away from home.  

5.     Practice Gratitude. 

    It is super easy to get pessimistic in this field.  You oftentimes see the worst side of people and you really start to wonder if the human race really is the "drama".  One thing that has helped me is to keep a gratitude journal or if I don't have it with me I just take a moment to just list out 5 things I'm grateful for in that moment.  This really puts all the madness we are subjected to on the daily into perspective.  "Yes, I did have an awful mediation today BUT we were at least able to get all parties to the table and we were able to work out this one contentious issue".  It really helps reframe things and keeps me out of the "nothing is ever going to work" mindset.  

    Just remember, law is a fascinating career and will afford all of us many opportunities, but let's not forget there is a whole world outside the doors of our practice.  

Survey of law practice management software

One of the most essential pieces of software a law firm needs is a good law practice management program. This comprehensive tool helps manage daily operations and ensures the firm stays organized and efficient. While the exact functions vary from one software to another, the most common features include case management, document organization and storage, form creation, and time management. This kind of software is critical for firms of any size to properly maintain their cases.

Selecting the right law practice management software is crucial for a firm’s success. It’s important to choose a service that offers all the necessary functions at a reasonable cost. When deciding which service to select, a firm should evaluate factors such as its size, client base, and type of law practiced. For example, in-house counsel for an insurance company will likely need a program that has a robust system for tracking settlement offers and medical records, whereas a lawyer who is often in court will need a program that can keep track of critical dates. Additionally, user-friendliness, IT support, and cost should be considered as well. Ultimately, each firm or solo practitioner must determine which software will best suit their needs.

The Florida Bar has a page dedicated to law practice management software and offers discounts on some of the most popular programs, including Clio, Mycase, CosmoLex, and Smokeball. Each of these programs offers unique features:

·       Clio is known for its comprehensive feature set, including case management, billing, and client intake. It has high reviews for its user-friendly interface and excellent customer support. Additionally, Clio offers integrations with other software, providing flexibility and convenience. However, Clio is fairly expensive and may price out smaller firms.

·       Mycase is reviews highly for its simplicity and client communication tools. It has a low barrier to entry and is easy to adopt and implement for new firms. However, it has a file size limitation of 1GB which may make it awkward to store uncompressed documents in one place. While it may not be as feature rich as other programs, its low cost makes it a competitive choice.

·       CosmoLex combines practice management with accounting features, making it a popular choice for firms that need comprehensive billing and trust accounting systems. It received many high ratings with firms who took their accounting in-house. Its main drawback is its complexity, which can take a while to learn.

·       Smokeball is known for its powerful automation features and document management capabilities. It is considered an all-in-one program and is one of the most well-known and used systems for small to medium firms. Its major downside is its cost, which can be prohibitive.

Reviewing the programs above highlights the archetypal offerings in the field of law practice management software. Each program provides a variety of services and focuses, tailored to specific types of law practices. Choosing the right software can significantly impact a law firm’s efficiency and success. By evaluating their specific needs and the features offered by these popular programs, firms can make an informed decision that enhances their operations and supports their growth. Additionally, many other programs offer more complex and specialized services and are worth looking into depending on a firms needs. 

Florida Hurricane Party?

     I think everyone has heard about the hurricane parties in Florida. I was born and raised in Tallahassee, Florida. Tallahassee is almost always in the path of the hurricanes that hit Florida (we apparently have tornados now too? Three tornados went through Florida State's campus at the same time...). 

    When I was younger, I would know a hurricane was coming because of the sound the tv makes when you are watching the weather channel, and they are tracking a hurricane. It would be a constant sound in my house until the hurricane had moved past. Growing up in a place where hurricanes are hardly mentioned because they are so frequent, preparing for them have become second nature. 

    Hurricane parties can be fun, having your close friends all in the same house and playing games with no responsibilities until the storm passes because there is no work or school open. The catch? A tree falling on your house in the middle of a hurricane party, and everyone has to work together to cover the hole in the roof. The owners of the house are distraught, and they are not able to process their emotions because they have guests over. 

    I have a routine that I follow when a hurricane is announced. I check and see what the potential paths are. I get gas very early and top off my gas anytime that I see a gas station does not have a line around the block. I moved to Gulfport one year ago so I had to adjust to not being in Tallahassee for the warning signs of a hurricane. Once I hear that a hurricane is a week out, I start checking the weather channel estimated paths and hurricane speed/strength at least twice a day. As it gets closer, I check it more often. For Hurricane Idalia, I was in contracts class at 8:30 in the morning, checking the weather updates more than I could care to admit (it never left the right half of my screen). When I noticed how big the storm was getting and the new projections, I knew the school would close. Sure enough, an hour after my class ended, the school sent the email canceling class. I already had a bag packed just in case the storm got worse. 

    There is one thing that almost every Floridian does during a hurricane that non-Floridians have a hard time understanding. The Waffle House debate. Especially for people who live in Tallahassee and other parts of Florida that get hit often, Waffle House is a huge sign to us. If Waffle House is open, everything is fine, and no one needs to be overly concerned. If Waffle House is closed, you will see people panic. Waffle House has generators, and they will be open with or without power 24/7 without fail. If a Waffle House near you is closed, that is a very bad sign about what is to come. The last time a hurricane closed a Waffle House in Tallahassee, it was Hurricane Michael in 2018 and people were without power for two weeks (some even longer). 

    Once Stetson canceled classes, I noticed that the Waffle House on St. Pete Beach was closed. I drove home, grabbed my bag that I already had packed, unplugged my electronics in case of a power surge, and drove home to Tallahassee. Unfortunately for me, the storm turned and ended up coming to Tallahassee. Luckily, my house in Tallahassee recently had a Generac generator installed so we had power. I was lucky that I bought my IPad with cellular, otherwise my laptop would be using my personal hotspot for a long time since the WIFI was out for days. 

    During hurricanes and disasters, cell phones can be shut off so that only emergency lines can go through. If you are lucky enough to have a FirstNet First Responder account through AT&T, your phone will work like it is any other day. First Responders also get a discount on their phone plans with FirstNet. 

    Growing up in Florida, I have heard many Governors and Mayors speak about hurricanes on the news, but only one line stood out to me. "Things can be replaced, people can't." Governor Ron DeSantis says this every time there is a hurricane heading to Florida. I think it is important to remember that once the hurricane hits, no first responders are coming to help until after the hurricane passes and the roads are open. 

Hurricane Season is Coming: Legal Needs in a Disaster

This blog post is a shameless plug for the Disaster Law Primer weekend course taught by Professor Cerniglia here at Stetson.  Not only was this class easy and interesting, but I learned a lot of useful information that we should all be aware of concerning the legal implications that arise when a disaster strikes. Before taking the class, I was shockingly unaware of how much the law and disasters intertwine.  If you choose to forgo the class, at least read my summary of some of the topics we discussed below: 

• The ABA’s Role in Disasters: The ABA’s Disaster Legal Services Program provides free legal assistance to survivors of natural and other natural disasters in cooperation with FEMA and is managed by volunteer attorneys across the country.  

• Legal Needs After a Disaster: Just to name a few… 
• Short Term: 
• Landlord-Tenant questions;
• Insurance claims;
• Referral to community services (Red Cross, unemployment, TANF, SNAP/Food stamps, Medicaid, SSI benefits);
• SBA Disaster Loans & Disaster Unemployment;
• FEMA Assistance Applications.
• Medium Term: 
• FEMA Assistance Appeals;
• Foreclosure prevention;
• Utility shutoffs;
• Security deposits;
• Consumer price gouging; 
• Estate planning document replacement; 
• Domestic violence response, including protective orders.
• Long Term: 
• Foreclosures;
• Bankruptcy; 
• Disaster tax relief; 
• Civil and disability rights cases;
• Litigation to redress systemic disaster response problems. 

As lawyers, we will play a crucial role in disaster planning and disaster relief in our communities.  The more knowledgeable we are on the role that we play, the better equipped we will be to help when disaster strikes. 

**  All of the information summarized above is credited to Professor Cerniglia's Disaster Law Primer Course materials.  ** 

Controversy Around "Zealous" Representation

Historically, lawyers have been expected to represent their clients zealously within the bounds of the law. This principle is rooted in the idea that a lawyer should vigorously advocate for their client's interests. But has the word "zealous" become an excuse for advocates to ignore ethical obligations? 

The term "zealous" can imply an aggressive, unyielding approach to advocacy, which may lead to ethical gray areas. Lawyers might feel pressured to push the boundaries of ethical behavior in pursuit of their client's interests, potentially compromising integrity and fairness. This is the result of misinterpretation and misuse of the word. The on-paper definition of the word "zealous" is "to show great energy and/or enthusiasm in pursuit of a cause or objective".  This seems appropriate when applying it to the attorney-client relationship. Yet, over time the word has evolved for some to mean overly aggressive or unethical behavior, as long as it benefits the client. "Zeal" has been used as an excuse to manipulate evidence, intimidate witnesses, and commit other ethical violations. 

An example can be found in the case Heslin v. Jones.  On December 14, 2012, a tragic shooting at Sandy Hook Elementary School in Newtown, Connecticut, resulted in the deaths of 26 people, including 20 children. Families of the victims filed defamation lawsuits in Texas against Alex Jones and Owen Shroyer of InfoWars, who had claimed the shooting was a hoax. In responding to the complaints, Jones and his attorneys abused "zealous" strategies. They failed to comply in numerous ways with discovery orders and persistently obstructed the discovery process. 

"Zealous" advocacy must include a balance between a lawyer's duty to the court, opposing counsel, and the legal system. Lawyers must ensure their actions do not undermine the administration of justice. This can be found in the Model Rules of Professional Conduct. Rule 1.3 of the Model Rules of Professional Conduct emphasizes that a lawyer should act with "reasonable diligence and promptness" in representing a client. While "zealous" advocacy is encouraged, it must be balanced with other ethical obligations, such as honesty and respect for the legal system. 

Perhaps the focus should shift from "zealousness" to "reasonable diligence" as cited in the Rules. The term "zealous" can contribute to a negative public perception of lawyers as combative and unethical. This perception can damage the overall image of the legal profession and destroy public trust. Legal organizations and bar associations often emphasize the importance of professionalism and ethical behavior over aggressiveness. The shift in language reflects a broader effort to enhance the profession's standards and reputation.

Diversity and Inclusion in Law Firms: Building a Better Future

Diversity and inclusion are not just buzzwords in today's corporate world nor should they be a thing of the past. They are essential elements for building a successful and dynamic organization or company. The legal industry, with its profound impact on society and justice, must reflect the diverse makeup of the communities it serves. By fostering an inclusive environment, law firms can benefit from a multitude of perspectives, which enhances problem-solving, creativity, and decision-making processes. A diverse workforce brings together a variety of experiences and viewpoints, making it easier to address complex legal issues and offer more comprehensive advice to clients. Ultimately, diversity within a law firm contributes to a richer, more innovative practice.

Inclusion goes hand in hand with diversity, ensuring that all team members feel valued and respected regardless of their background. An inclusive law firm promotes a culture where everyone has the opportunity to succeed and advance based on merit. This involves creating policies and practices that support equal opportunities for all employees, such as mentorship programs, flexible working arrangements, and diversity training. Inclusive environments also encourage open dialogue and collaboration, leading to stronger team cohesion and higher employee satisfaction. When lawyers feel included and appreciated, they are more likely to be engaged and motivated, which directly impacts their performance and client satisfaction.

Moreover, law firms that prioritize diversity and inclusion are better positioned to attract top talent. Today's workforce is increasingly looking for employers who demonstrate a commitment to these values. By cultivating a reputation for inclusivity, law firms can draw in talented individuals from a broad range of backgrounds, enriching the firm's capabilities and appeal. Additionally, clients are becoming more conscious of diversity issues and prefer to work with firms that mirror their own values. Therefore, by building a diverse and inclusive workplace, law firms not only enhance their internal culture and operational efficiency but also strengthen their external reputation and client relationships.

Portable Power to Keep Practice Going When Disaster Strikes

I usually limit my participation in this blog to comments but given our recent discussions in class related to lawyer disaster preparedness and the chaos in Houston after relatively mild Cat 1 hurricane Beryl due to extended power outages, I wanted to mention a particular type of product that can keep you online and working from your smart phone and laptop for several days in the event of a power outage.

These devices are essentially the small cell phone battery packs on steroids. They don't fit in a pocket, but they will sit on a desktop or countertop. Most will charge a modern laptop like a MacBook Air/Pro or any of the Windows machines from HP, Lenovo, Microsoft, etc., multiple times while still having enough juice to keep your smart phone working so you can use its tethering (Wi-Fi, USB or Bluetooth) features to connect your laptop to the internet. 

This Jackery (a brand I have found reliable) includes not just the battery pack, but also a folding solar charging panel so you can recharge it using the sun if the power outage lasts more than a couple of days (as it seems to be doing in Houston).

At nearly $300, something like this may be overkill for a law student. Once you are in practice and your livelihood depends on staying online, the investment will seem minimal.  

I appreciate this class

Under the heading, “Five Thoughts on Going Solo,” Tannebaum says, “Read everything you can.” He even urges his readers to Google, “lawyer going solo.” I did exactly that and the Florida Bar’s Legal Fuel website was among the top hits. I sifted through some advice on a website for Young Florida Lawyers and a few minutes later I found myself asking Chat GPT, “What are the toughest challenges of being a lawyer?” Here’s the list:

1. Long Hours and High Stress

2. Emotional Toll

3. High Pressure

4. Student Debt

5. Constant Learning

6. Client Expectations and Management

7. Ethical Dilemmas

8. Repetitive and Monotonous Tasks

9. Competitive Environment

A couple people have posted about how law school doesn’t really prepare us to become lawyers and I think this list is pretty good support for that assertion. With the exception of this class, school is all about learning the law. Knowledge of the law is a good thing to learn in law school, obviously, but having a good understanding of the major challenges of being a lawyer and how to mitigate those challenges, is certainly valuable. Just to review a little bit, we’ve addressed time management, using a calendar system like Google Calendar is a must. We’ve heard firsthand from a practicing family law attorney about the emotional toll that this kind of work can have. We discussed student debt. We’ve talked about Continuing Legal Education (CLE), managing client expectations, ethical dilemmas, and much, much, more. In short, I’ve really appreciated the practical nature of this class. I understand the material is geared toward those of us who might want to start our own practices, but I think most of the information would be helpful for any lawyer whether they have their own firm or not. Additionally, as someone who isn’t sure what kind of law he wants to practice, it’s beneficial for me to hear from an appellate practitioner. Admittedly, I dismissed family law pretty early on, but hearing from Professor Bassett has made me reconsider. I don’t want to seem presumptuous like, “I can practice whatever I want, I just need to choose.” Naturally, I have to examine my proficiencies and weaknesses and take that examination into account. I realize now that I’ve rambled quite a bit and if you’ve made it this far, I wanted to pose a question about student debt. Have any of you investigated tuition reimbursement? I’m just curious if it’s actually a thing. I hear stories of people working for a firm either during school or after and the firm contributes to tuition or pays off a portion of school debt. I looked into government or nonprofit options but it seemed like the low pay may not be worth the 10-year? requirement in order to repay loans. Anyway, I look forward to reading your posts, have a great week!

Rethinking Legal Malpractice - Pause Before You Act!

 Legal malpractice is a topic that often sends shivers down attorneys' spines. O'Roark's article "So You've Been Accused of Legal Malpractice?" (https://bassettlpm.homestead.com/So_you_ve_been_accused_of_malpractice.pdf) offers a refreshing perspective on this challenging situation.

One of the most striking points is how counterintuitive many aspects of legal malpractice are. For instance, experienced lawyers are more likely to face malpractice claims than rookies. This challenges my assumptions and serves as a wake-up call for seasoned attorneys to remain vigilant.

O'Roark's advice to "sit there" rather than rush into action is particularly insightful. In a profession that often demands quick thinking, pausing to carefully assess the situation before responding to a malpractice accusation is refreshing.

The article emphasizes the need for clear, proactive communication with clients when potential malpractice issues arise. This aligns with ethical obligations and is a practical way to manage potential claims. Open communication can help maintain trust and potentially resolve misunderstandings before they escalate.

O'Roark also touches on an often-overlooked aspect: the psychological toll malpractice claims take on attorneys and law firms. This highlights the need for support systems within the legal community.

The article provides crucial information about malpractice insurance, particularly regarding the "Claims Made" nature of policies. This serves as an essential reminder for attorneys to thoroughly understand their insurance coverage and report potential claims promptly.

While the article provides valuable advice, it could benefit from more discussion on preventative measures. For example, how can lawyers and firms proactively reduce the risk of malpractice claims?

High-Powered Professionals are not Invulnerable

     Over 16 years ago, I was shocked the first time I became aware that a physician with whom I was working was an alcoholic. Another physician asked me about his behavior during the performance of a surgery, and whether his breath smelled of alcohol. For some reason, I had the impression that physicians were somehow shielded from susceptibility to substance abuse. Now, I realize that physicians, lawyers, and all professionals are subject to the same life struggles–there is nothing special about who we are or what it takes to become a high-powered professional that prevents us from turning to substance abuse. In fact, perhaps we are uniquely susceptible due to the stress, long hours, and the constant demands of high-powered careers. This post arises from Professor Bassett's comment that lawyers may be predisposed to substance issues and DUIs, and along the theme of depressing topics! While one might think or hope that physicians and surgeons are far less susceptible to these issues, unfortunately that simply is not the case! I can think off the top of my head of three physicians throughout my career thus far that I have worked directly with who are alcoholics, and two who have cocaine abuse disorder.

    Now, when I see enough behavioral cues in an individual that could best be explained by substance abuse, I assume this may very well be the case. In learning the Model Rules of Professional Conduct, Rule 8.3(a) states "A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects must inform the appropriate professional authority." While this rule exists, I suspect given the social difficulty associated with reporting a possibly impaired lawyer, such reporting is seldom done when a lawyer is aware that another lawyer has a substance abuse disorder. Even once such a professional seeks help and successfully completes rehabilitation, the disorder does not go away, and each day afterwards is a struggle to against the addiction.  Statistically, relapse rates, are unfortunately disturbingly high.

    

    

    

How AI Can Reduce Legal Costs and Make the Law More Accessible

 

The legal field is associated with high costs and complex procedures, often putting it out of reach for many individuals. Access to court and legal services has been an essential focus of the legal profession. We recognize that some people need to be included in meaningful opportunities to use the legal system to their advantage. However, our approach to the problem requires more pro bono hours from lawyers. The advent of artificial intelligence (AI) could change this landscape dramatically. 

One way AI can transform the legal industry is by automating routine and repetitive tasks. As AI's abilities continue to improve, it can be deployed in legal work like document review, legal research, and contract analysis. This will reduce costs to lawyers, and hopefully, those savings can be passed on to the client. There will always need to be human review. However, most of the research can be completed by AI. 

While reducing the cost for a lawyer should translate into savings for clients, it can improve the lawyer or firm's bottom line. That's why AI's help in reducing legal costs is best when it puts the power directly in the hands of the general public. AI-powered chatbots, virtual assistants, and other tools can provide helpful guidance to litigants. Immediate access to legal information can be invaluable for individuals who need help to afford traditional legal consultation. Thereby empowering litigants to make informed decisions. This may even require rethinking the right to counsel. 

The AI revolution is happening, and if AI is embraced and deployed correctly, the legal industry will become more efficient, cost-effective, and accessible. 

Law as Alchemy: Turning a Bronze Law Practice Management to Gold

How does turning a profit through a law practice compare to the ancient art of alchemy? 

In alchemy, practitioners once aimed to transform base metals into gold through a deep understanding of natural laws, precise procedures, and a bit of mystical insight. In the world of law practice management, turning your firm into a profitable venture also involves understanding foundational principles, following best practices, and applying strategic insights. While the former deals with physical elements, the latter is about transforming time, knowledge, and resources into financial success. 

Peter Drucker once said “What gets measured gets managed,” - which is the essence of effective law practice management. Like alchemists who meticulously documented their experiments, successful law firm managers must meticulously track various aspects of their practice. A data-driven approach is key to identifying inefficiencies, maximizing productivity, and ultimately, turning a profit.

But how exactly do you transform your law practice into a profitable enterprise? Here’s a recipe all hoping to manage a firm can follow:

1. Understand Your Costs and Revenue Streams

Just as an alchemist understands the properties of each material they work with, you need to have a clear grasp of your firm's financials. Track all expenses meticulously—salaries, rent, technology, marketing, and other overheads. Simultaneously, identify and analyze your revenue streams. Are you billing by the hour, offering flat fees, or working on a contingency basis? Understanding where your money comes from and where it goes is the foundation of profitability.

2. Optimize Billing Practices

Effective billing is the philosopher’s stone of law practice management. Ensure your billing practices are transparent, timely, and accurate. Utilize legal billing software to streamline this process, reduce errors, and improve client satisfaction. Remember, consistent and fair billing turns services rendered into revenue realized.

3. Leverage Technology

Alchemy relied on tools and knowledge to achieve transformation. Similarly, modern law practices must leverage technology to enhance efficiency and profitability. Case management software, automated document creation, and AI-driven legal research tools can save time and reduce costs, allowing you to focus on billable work.

4. Enhance Client Relations

In both alchemy and law, the human element is crucial. Building strong, long-term relationships with clients can lead to repeat business and referrals. Provide exceptional service, communicate clearly, and keep clients informed. Satisfied clients are more likely to pay promptly and recommend your firm to others.

5. Streamline Operations

Alchemists sought the most efficient processes to achieve their goals. Similarly, streamline your law practice’s operations by delegating non-billable tasks to support staff or outsourcing them. This allows attorneys to focus on high-value, billable work. Regularly review and refine your processes to eliminate inefficiencies.

6. Invest in Your Team

Your team is your most valuable resource. Invest in their professional development through training and continuing education. A well-trained team is more productive and can deliver higher quality services, contributing directly to your firm’s profitability. No alchemist that succeeded usually did so alone!

7. Measure and Adjust

Just as alchemists continually experimented and adjusted their techniques, you must regularly review your firm’s performance metrics. Analyze profitability by client, practice area, and attorney. Identify what’s working and what isn’t, then make necessary adjustments to improve your bottom line.

Turning a profit through law practice management may not involve the literal transformation of metals, but it does require a methodical and strategic approach akin to alchemy. By understanding your financials, optimizing billing, leveraging technology, building client relations, streamlining operations, investing in your team, and continuously measuring and adjusting, you can turn your law practice into a gold mine.

So, as you navigate the complexities of managing your law firm, remember you’re not just a manager—you’re an alchemist, transforming the elements of your practice into profitability. Embrace the process, refine your techniques, and bear witness to a law firm that shifts from bronze to gold before your very eyes....

Preparing for Sour Interactions

 

I would imagine that as an attorney, it is important to recognize that dealing with difficult clients is an inevitable part of legal practice. In Chapter 8 of his book, How to Start a Law Practice, Alexander Y. Benikov provides what I thought were candid insights into managing such clients. Benikov’s experiences highlight that some clients will never be satisfied, regardless of the attorney’s efforts. Understanding this early can help new attorneys maintain their composure and professionalism when faced with these challenging situations.

 

Benikov recounts the story of a client convicted of pointing a gun at a child. Despite overwhelming evidence and credible witnesses, the client blamed Benikov for the guilty verdict. This anecdote underscores a critical point: difficult clients often refuse to accept responsibility for their actions, preferring instead to blame their attorney. Recognizing this behavior is vital for attorneys to avoid undue frustration and to focus on providing the best defense possible within the constraints of the evidence.

 

Another striking example involves an elderly client who threatened to kill employees at a food stamp office. Despite video evidence, the client insisted on his innocence. Benikov’s ability to negotiate a plea deal that avoided jail time, while maintaining professionalism, exemplifies the balance attorneys must strike between advocacy and managing client expectations. It’s crucial to remain calm, even when clients are unreasonable or aggressive.

 

Benikov’s final example features a client who, while intoxicated, crashed into a parked police car. The client initially claimed racial bias as the reason for his prosecution. This case illustrates the importance of clear, factual communication with clients. Benikov’s patience and professionalism helped the client understand the legal realities he faced, leading to a more favorable outcome.

 

Overall,  it seemed Benikov was of the mind that dealing with difficult clients will require patience, professionalism, and the ability to manage unrealistic expectations. I can’t say I’m excited to have to deal with client’s like these in a hypothetical future as an attorney, but as Benikov points out, by reading yourself for these inevitable meetings, one can better prepare themselves to handle these situations with the necessary poise and resilience.

Work Life Balance

As a part-time student, finding a balance between school, full-time employment, relationships, friendships, and self-care has been a challenge.  This week, I am in Montana attending my high school best friend’s wedding.  To be able to do this, I needed to miss class, take off a week of work, and miss days of my internship that I will need to later make up.  This is the fourth wedding I’ve attended this year, and all of them presented a new set of struggles… two of them were the same day that I took final exams. The challenges I’ve faced this week and throughout law school inspired me to write this week’s blog post about work life balance, something that will continue to be crucial for a future career as a lawyer.  With this in mind, I brainstormed some of the steps I’ve taken in the past and others that I’d like to implement in the future to maintain a healthy work life balance.  

1. Set boundaries (both with colleagues and in personal relationships).  

2. Practice self-care and maintain hobbies.  For me, that’s cooking, baking and gardening.  

3. Keep a schedule and routine, but embrace being flexible.  Plan breaks, and things for you to look forward to.  Vacations are a must. 

4. Delegate tasks and prioritize.  

5. Learn how to say no (to both professional opportunities and social outings).  

6. Develop and prioritize your relationships and support system.  

If anyone has any additional suggestions, I would love to hear them.  Let me know in the comments below.  

Wait....It's Free???

Free Consultations.....

    When I started working at a law firm, I realized that some firms participate in providing free consultations and some firms do not. Before reading chapter 9 of Brian Tannebaum's book, I did not know how I felt about free consultations at the beginning of the legal process. I understood why firms implemented them, but I also noticed some disadvantages. 

    I started working at a firm as an intake coordinator and we participated in free consulations. I would listen to different people telling me all about, what they believed, was an amazing case that the attorneys I worked for had to hear. My job was to speak with the potential new client and summarize their potential claim for the attorneys to look over. As one of the attorneys I worked for said, "You are creating a story for us." After many hour long phone calls where I was told the same information three times or I was told who every person in the "story" was and how long the potential new client had known them, I learned that many of them just wanted to feel heard and understood. 

    Once I realized that they just wanted to feel like someone understood and cared about their situation, I learned what parts of the "story" were important for the attorneys while still making sure they felt heard and listened to. After speaking with a potential new client, I would mention that I had to type up everything they told me for the attorneys and I would always ask if I could call them back if I felt like something was missing or if I thought of another question the attorney might want to know. Every time I asked that question, they would repeatedly thank me and know that I genuinely did care about their situation. 

    Unfortunately, with free consultations, you also have the people calling who are just looking to file a lawsuit just to file one. I cannot count the number of times that I would summarize a potential "claim" and have the attorneys tell me that it was not a legal issue. I was not allowed to say that for obvious reasons, but due to the free consultations, I spent a lot of time summarizing those types of potential "claims."

    I personally found it interesting how Tannebaum mentioned that he does his free "consultations" at the end of the legal process with a client or he would sometimes waive the consultation fee depending on the circumstances (like if the client came from a good referral source). I think this method of asking them at the end of the representation if there is anything else you can do for them speaks volumes. Instead of having a 30 minute or hour long conversation for free where the attorney knows nothing about you or your potential claim, having the free consultation at the end allows the attorney to show that they care about the client's life and connect more with their client which can lead to referral sources or repeat clients. This method would also cut down on the free consultations where people are lawyer shopping or want to file a suit just to file. 

    In the future, I am planning to implement Tannebaum's method of having the free consultation at the end of the representation. I think it is important that your clients know that you care about them and you are willing to help, even if you are no longer representing them. 

Maintaining a Successful Law Practice

In keeping with me check-list style post from last week discussing what to consider when starting a firm, my post will focus on "Maintaining a Successful Law Practice" by the LOMAS Staff. Immediately I feel there is a big relief to see the authors discussing how the large, high-profile cases do not always make a successful lawyer. I see working already at law firms that the best lawyers, and certainly the most efficient lawyers, are those who are able to balance the workplace and their personal lives. I see more confidence in them within the workplace when they are happy outside of the workplace. 

Into the next paragraph, where the authors discuss how the entire infrastructure of staff can determine the success of an attorney. Happier attorneys seem to treat their staff better, and the staff in turn is more productive and happier, and it is a cycle that benefits everyone. 

Partnerships also have this aspect, as do general business communications. The authors articulate ten ways to improve chances of success in starting a firm. I will discuss a couple below: 

- Learning the Skill of Delegation: 

"One of the reasons frequently given by associate lawyers when announcing their departure from a firm is lack of delegation of responsibilities. Poor delegation leads to a turnoff of talented people because of a perceived lack of trust. All people need the opportunity to fail and grow. New associate lawyers need to find their strengths and weaknesses. Objectively decide what to delegate. Don't delegate only those things you don't want to do. Delegate things that you know other staff members can do. Build confidence in your people. Give them enough guidance to direct their actions but not so much that they feel overwhelmed. You can check on progress but don't look over their shoulder continuously. To boost self-esteem and enthusiasm for handling future assignments it is important to ask questions such as, 'What did you encounter that you were not prepared to handle?' and 'Looking back, what choices would have been better?'"

Lack of delegation could result in a very unhappy workplace where employees don't feel they have authority or responsibility. It slows everything down, which can cause missed deadlines, confusion over what responsibility belongs to each member of a team, and I would assume a high turnover of employment.  

- Maintaining Excellent Client Relations:

"Making client relations a priority will go a long way toward keeping your 'old' clients your 'current' clients. Spending efforts in satisfying current clients will pay far more dividends than constantly trying to find new clients. Strive to obtain eighty percent of your new work from returning clients or from their referrals. Some client relations questions might include: Is your office designed to be convenient for you or for the client? Are telephone calls answered promptly? Is the office staff helpful and friendly? Do your clients believe their matters are handled promptly, particularly well, poorly? Do your clients believe there was 'value' in using you to assist with their matter? LOMAS suggests lawyers call their office, as if they were a client looking for a lawyer, to see how the call is handled."

This point stood out to me because I know that 99% of law school is how to think like a lawyer, but only in a few moments (including this class!) are we expected to know about the business of being an attorney. This section focuses on things that would make a client want to maintain your representation, including, most importantly, are calls answers promptly? This goes without saying that emails are equally, if not more, important. No matter how difficult it is to get through every email, lack of communication is a terrible way to erode a attorney-client relationship. 

AI and the Law

 AI is a growing area of interest within the legal community both for its ability to expedite legal research and drafting.  Proponents of AI boast the enhancements in productivity, while detractors warn of potential pitfalls with regard to inaccuracy, plagiarism, and even the loss of jobs within the legal sector.  According to a recent Bloomberg article on the implementation of AI among legal professionals 53% surveyed are using it for legal research, 42% are using it for legal narratives, 34% are using it for reviewing legal documents and 23% are using it for drafting and/or creating templates for contracts. 

 

Personally, I have been reluctant to use any form of AI, such as Chat GPT for anything – legal or otherwise.  However, upon delving into the various articles, feeds, and personal recommendations it is becoming increasingly impossible to ignore the potential benefits.  A basic search about the use of AI within the legal profession resulted in the following itemization of proficiencies:

 

• Automation of drafting (motions, briefs, contracts and settlement agreements)
• Advances in legal research by highlighting relevant precedents and legal arguments.
• Enhanced efficiency in legal analysis via machine learning because the AI can review and digest exponentially more than humans
• Alternative insights as to strategy because of the enhanced analysis capabilities.
• Concerns:  algorithmic bias, confidentiality concerns

 

It seems evident (and comforting) that for now, the AI tools available are not meant to be a substitute for attorneys or staff.  Whether used for drafting, synthesizing data, pleadings, or case law, or even tasks as basic as fielding client questions, AI should not be the end point.  Legal professionals need to confirm both the accuracy of yielded information, as well as its compliance with ethics rules.

 

101 Powerful Chat GPT Prompts for Lawyers [UPDATED List] (learnprompt.org)

 AI Tools for Legal Writing - Bloomberg Law