Monday, March 25, 2024

Exercising for Mental Health

Exercise is often celebrated for its physical benefits, from weight management to cardiovascular health. However, its profound impact on mental well-being is equally noteworthy. Engaging in regular physical activity has been shown to boost mood, reduce stress, and promote overall happiness. Let's explore the powerful link between exercise and happiness.

As a law-student, it is so easy to get overwhelmed and forget to take care of yourself. After a long day of reading and sitting through classes, sometimes the last thing you want to is go to the gym for an hour and a half. We'd much rather crawl under the bedcovers and sleep. But exercise has such an important impact on mental health and even intellectual performance!

When you exercise, your body releases chemicals called endorphins, which act as natural painkillers and mood elevators. These "feel-good" neurotransmitters create a sense of euphoria commonly referred to as the "runner's high." Whether it's a brisk walk, a yoga session, or a gym workout, any form of physical activity can trigger this positive response, leaving you feeling happier and more energized.

Moreover, exercise offers a valuable opportunity to disconnect from the stresses of daily life and focus on the present moment. Whether you're immersed in the rhythm of a jog or the flow of a dance class, physical activity can serve as a form of meditation, calming the mind and reducing anxiety. This mental clarity and sense of peace extend beyond the workout itself, contributing to a greater overall sense of well-being.
Regular exercise is also associated with improved sleep quality, another crucial factor in maintaining emotional balance and happiness. Physical activity helps regulate the body's internal clock, promoting deeper and more restorative sleep. As a result, those who exercise regularly often wake up feeling more refreshed and optimistic, ready to tackle the day ahead with a positive mindset.
So, put the computer down for a minute and go take a walk! :)
Blog post assisted by AI

The Good, the Bad, and the Ugly of Flipped Classroom Models

After being in school for almost 20 years of my life, and having almost 4 of them be Covid/ post-Covid years, I never thought I'd see a new teaching method be introduced. I've had the typical in-class teaching style where a teacher actually teaches the lesson physically in class, I've had classes that were completely remote where there is not much interaction with the teacher and I simply watch videos and work on assignments myself and teach myself the subject matter essentially, and I've even had classes that were done on zoom. 

A new teaching style that I have been introduced to in law school within the past year is the flipped classroom model. I'm not sure if this is a new teaching style that came as a product of Covid, but it surely is new to me. The flipped classroom model has students watch recorded lectures of their professors teaching/ going over the material before the student goes to class, and then when they do go to class, the professor will typically not re-teach the material, but will then apply the material to practice problems and may just discuss some parts of the material that they know are challenging (or at least this was my experience with the flipped classroom model). After experiencing two different classes that have utilized the flipped classroom model, I have some mixed feelings on it based on how the professors treated this flipped classroom model. 

One of the biggest cons that I experienced with the flipped classroom model is that it truly felt like I was taking 2 classes when I really only signed up for 1 and it was never indicated prior to signing up for these classes that they were going to use this teaching model. These professors would make these videos almost an hour or longer to watch because they were teaching an entire lesson. On top of these videos that we had to watch, we also had a reading assignment that went with the video and the professors would discuss what was taught in the reading, like they would in a normal classroom model. Having a reading assignment that typically was 20+ pages plus a video to watch took forever to do to prepare for class and felt like it's own class in itself. Then having to go sit in class for 2 hours just felt exhausting and really made this feel like 2 classes instead of 1. Another con I personally experienced had to do with living everyday life. Let's be real, life happens. Family emergencies, unexpected medical issues come up, and life just happens. Sometimes things would come up where maybe I didn't have the time to read and watch a video before class and unfortunately I realized that if you didn't get the chance to watch the video at least before class, you would be in class and would not have the material that is going to be worked on in class. I was always told in law school that its better to go to class even if I didn't do the readings because I would still be able to get the material that is being taught in class. However, with the flipped classroom model, I found that if I didn't get the chance to watch the video beforehand and still went to class, I found myself more confused and would just be wasteful because I did not have an understanding of what was going on.

As for the positives of the flipped classroom model that I experienced, I liked that I had access all semester, especially during the finals period, to the recordings of my professor so I would be able to go back and listen to the lecture again if I had questions or couldn't remember what was said. This was a big tool during studying. Also, when watching the lecture videos, I liked that I could pause, rewind, and listen again if the professor was going too fast. This way I didn't have to ask in class for the professor to repeat themselves if they were going too fast (which we all know some professors HATE repeating themselves).

I feel it depends on the subject matter if this flipped classroom model works. It's not my favorite teaching style, but it does have its benefits that I do enjoy. I think its good if the professor uses this model correctly by using the in-person class time to actually apply the concepts through practice questions, but wasteful if they are just going over the material in their recorded lectures again.

Thursday, March 21, 2024

Changes to the LSAT

 The one test standing between an applicant and law school is the LSAT, or the Law School Admissions Test. It is a stressful and difficult exam, and I suppose it is necessary since it is a standardized way to compare applicants. When I took the exam in 2018, it was only administered in person and on paper. There have since been many changes, including allowing test takers to take the exam on a computer from their home and transforming the in-person essay to a remote-proctored online essay. 

The most recent change was announced in October 2023. Beginning with the August 2024 LSAT administration, there will no longer be an analytical reasoning (or logic games) section to the test. This change is not surprising. In 2019, the Law School Admissions Counsel, or LSAC, agreed to no longer include logic games on the exam after blind test takers argued that the section was unfair to those who are visually impaired. This makes sense since test takers typically draw out the “games” to solve them. Instead of a logic games section, an additional logical reasoning section will be included in the exam. So, beginning with the August 2024 exam, the exam will consist of two logical reasoning sections, one reading comprehension section, and an experimental, unscored section that will either test logical reasoning or reading comprehension.   

The logic games section was my favorite and best section on the exam, but I understand why LSAC has decided to drop it from the exam. Besides it being unfair to those with visual impairments, I have never used logic games or what I learned from logic games in law school. What I have used the most in law school is reading comprehension, and I think the LSAT should include more reading comprehension sections to better test and prepare test takers for law school. 

As a law student, I spend hours reading my textbooks. In class, professors teach based on the cases they assigned, so it is very important to understand what we are reading. Some professors also emphasize reading and interpreting statutes, which can be tricky. Additionally, Research & Writing courses require reading numerous cases and statutes and writing about what was read. Some professors even require students to argue in front of a panel of “judges,” and a student will not be able to argue their side if they do not understand the materials supporting their side. Moreover, reading comprehension is very important in the legal profession. Attorneys regularly read emails, cases, motions, complaints, deposition transcripts, and written evidence, and it is very important that the attorney understand what he or she is reading so they can be a competent and effective lawyer.  

There is also a lot of discussion about the cost of preparing for the LSAT. Exam preparation courses can cost hundreds or even thousands of dollars. For many people, including myself, using an exam preparation course is necessary given how foreign logic games and logical reasoning is for many people. Regarding reading comprehension, however, there are many free resources available (typically not directly related to the LSAT) that can be used to improve one’s reading comprehension. Many people have also been practicing reading comprehension for years because of school. If the LSAT were to focus more on reading comprehension, success on the exam may be more attainable.  

I still think that there are many problems with standardized testing, but for now, I appreciate the change that is occurring with regard to the LSAT. 

Wednesday, March 20, 2024

Size Matters? Think Again


We have all heard it. We have all seen it. We all know the phrase “Size Matters” (speaking strictly in the context of law practice ofcourse). But, does it really? What are the pros and cons of a larger practice compared to a medium practice compared to a small practice, as it pertains to both clients and lawyers? Well, lets dive in. 


First addressing clients. As a someone who has a legal problem (or who perceives they have a legal problem), what size firm should they trust with their problem? A larger firm may hold more weight as it comes to name recognition, known reputation, or simply just having more resources/variety of lawyers for different legal issues. But a small practice may have the benefit of specialization, where they have a few lawyers, or one lawyer, doing one thing and doing that one thing very well. A medium sized firm may give you the best of both worlds. But to answer this question, I think its most important to look at what the legal issue is in deciding what firm is right for you. 


In addition, I think it is important clients check out their firms websites, read reviews, and maybe even visit the office and see how they are greeted and/or helped. A plus of a large office could be that there may be always someone ready to answer the phone to help, but it may be a different person every time. A plus of a small firm could mean working personally, maybe even getting close, to those support staff who give case statutes, help gather information for your suit, etc. You may get a more personalized experience at small firm, whereas a larger firm may have a one size fits all approach. 


Honestly, when it comes down to it, size isnt what matters, its the lawyers that matter. The quality will always matter over quantity, at least in my opinion. What lawyer is going to work on your case every day? What lawyer is going to be persistent in following up on tasks to move litigation forward? What lawyer is going to happily give as many case status updates as your heart desires? What lawyer is going to serve you, communicate with you, and what lawyer can you trust? I think this is a far better question for potential clients to ask whether than considering whether size matters. 


Now talking about lawyers. Is it “better” to work for a large firm or a small firm? I honestly think this comes down to your personality. Someone who likes the constant hustle and bustle may prefer a larger firm. Someone who may be a bit introverted or like keeping a close circle (like myself) may thrive at a small firm. Small firms might also have the perk of a better work-life balance, although it matters heavily on who your boss is. A larger firm may offer their lawyers better benefits, while at a smaller firm this could be more up in the air, as in it will likely vary firm by firm. However, smaller firms may offer alternative benefits which balance out what you may receive at a larger firm. I also think that at a smaller firm, you may have the opportunity to climb the latter (like the corporate latter) quicker, as you get more one on one time with your boss and they may directly supervise all your work. This gives you a real chance to shine and be noticed. Not that this doesn't happen at larger firms, it just may take a bit longer as you are in a pool with many other lawyers. 


Again, similar to the conclusion with potential clients, it all matters who you are and who the people around you are. A job as a lawyer at a large firm or a small firm are all likely going to be determined, in terms of satisfaction, by the people around you. I think it is downplayed how much of a people profession being a lawyer really is. It is important to find a group of people you like, are able to work with, and the work being done at that firm.


24-hour court?!

In 2017, China started an online court that runs 24 hours a day. It uses AI tools to streamline the process so the average duration of a case is 40 days. No one has show up in person and because of the streamlined process, it has resulted in astronomical savings. 

Looking at it from the American perspective,  it seems incredibly undoable. Not only would it be difficult (if not impossible) to get most seasoned, experienced lawyers to take cases in the middle of the night, but the cost of such a case would be difficult to manage. 

An example of a lawyer's hourly rate was in the news recently: Nathan Wade of Fulton County was give $250/hour and that was considered on the low side for lawyers practicing in the Atlanta area with Wade's experience. 

Would the hourly change drastically based on the time of your case un internetcourt? 

There are many possible topics that be discussed from China's internet court, including the most radical change - AI, non-human judges. But for now, as lawyers, there's  a trend for better work-life balance. That system may completely upend that idea. 

https://www.lexisnexis.ca/en-ca/ihc/2020-02/robot-justice-chinas-use-of-internet-courts.page

Pennies on the Dollar: Graduation, Bar Prep, and Starting Practice with Inflation

 Inflation is an inescapable evil; every time you go to the grocery store, browse home listings, shop for a new car, or even just pump gas, we are reminded of how the dollar does not go as far as it did just a few years ago. I started law school in 2021. Since then, tuition has been increased twice and the value of a dollar has decreased by about 15%. Now, with every little thing coming at a higher cost, it is a daunting time to graduate.

Following graduation, law students are expected to take approximately 10 weeks to study for the bar exam -- full-time. Working is discouraged during this time to ensure you dedicate all of your available time to passing the bar exam. How should students pay their bills during that time? Financial aid is unavailable since students have graduated, working is highly discouraged, and families that have the means to support their law students may be drained from paying costly tuition for three years. Some rely on the income of their spouse, and some move back in with their parents.

Thankfully, banks have found a way to profit off this system and offer their assistance. Many private student loan providers offer Bar Prep Loans. These loans are private student loans which law graduates may take out to pay for their living expenses, bar exam fees, and study materials. Like other loans, students may opt for a variable or fixed interest rate and the rates are dependent on the student's credit. Students are encouraged to find an income-earning credit-worthy cosigner to increase their likelihood of being approved for the requested amount. Sallie Mae is currently offering fixed interest rates of 7.01% — 15.26% and variable interest rates of 8.13% — 17.72%.

Saddled with debt from undergraduate and law school, and now a bar prep loan, newly minted attorneys venture into the workforce with salaries similar to what they were in 2021. At a 15% inflation disadvantage, with record high student loan interest rates (for both public and private loans), the comfortable financial position many of us pursued a legal career for is seeming more like a Craigslist couch than the West Elm sofa that was advertised.

On the bright side, the Federal government has put out new ways to save on student loan payments (i.e. the SAVE plan), attorneys experience generally stable employment and job security, and salaries typically rise annually.

The Imbalance of Healthcare Law, Rights, And Budgets

A recent Bankrate report unveiled a stark reality: 56% of Americans are unable to afford a $1,000 emergency expense as the majority of our society lives paycheck to paycheck. This financial vulnerability mirrors the broader crisis in healthcare affordability and access, where essential care remains out of reach for many due to high costs and systemic barriers.

The crux of the issue is in our healthcare system's structure, which effectively gates access to care behind employment status or income level. Those not fully employed, or earning above a certain threshold at an early-mid age may face exorbitant premiums in the marketplace and often fewer coverage options. 

This situation is compounded by hospitals and healthcare providers who, despite laws to the contrary, continue to issue surprise bills and practice deceptive balance billing, which forces many patients into financial and legal battles for fair treatment even in emergencies.

The deceptive practices of billing for even insured Americans often engage in extensive negotiations to resolve unjust charges. This is distressing as a modern healthcare system so fraught with inequities. Even basic care is a luxury and advanced treatments, like genetic therapies, are fantasies for the average family. The neglect of "non-essential" care, such as dental and vision, further exacerbates societal health disparities from a young age.

Amid advancements in medical science, a significant barrier to embracing life-saving genetic tests and treatments is the pervasive fear of insurance denial. This fear, rooted in a lack of protective legislation and transparent practices despite attempts, discourages many from seeking potentially preventative care. This is a stark contradiction in a society that prides itself on innovation, medicine, and freedom of choice.

The inability of a majority to face a sudden $1,000 expense reflects a broader incapacity to allocate funds for health emergencies, let alone preventive care or even routine retail medications. 

Our lack of healthcare access, legal rights, and financial stability demands a comprehensive reevaluation of priorities at all levels. The current financial landscape may present an opportunity for Americans to recalibrate their priorities and the way we provide healthcare services for a healthy society.

As we grapple with these systemic issues, a culture of resilience and ingenuity by the people could pave the way toward a more equitable and health-centric society.


Embracing the 4-Day Workweek

In recent years, there has been a growing buzz around the idea of transitioning from the traditional five-day workweek to a more condensed four-day model. Advocates argue that such a shift could significantly improve employee well-being, boost productivity, and even benefit businesses in the long run. However, like any major organizational change, the prospect of adopting a 4-day workweek comes with its own set of challenges and considerations.


One of the most compelling arguments in favor of a 4-day workweek is the potential to enhance work-life balance for employees. With an extra day off each week, individuals would have more time to recharge, pursue personal interests, and spend quality time with family and friends rather than cramming all of these in two days. This improved balance can lead to reduced stress levels, increased job satisfaction, and ultimately, higher retention rates for businesses. Also, a shorter workweek could fuel greater productivity during the days employees are on the clock. Studies have shown that long hours don't necessarily equate to increased output. Conversely, excessive work hours can lead to burnout and decreased efficiency over time. By condensing the workweek, companies may encourage employees to make the most of their time, resulting in more productivity.  Also, a shorter workweek could lead to cost savings in areas like utilities and office maintenance. 


Despite the potential benefits, transitioning to a 4-day workweek might bring challenges as well. One of the main concerns for businesses is maintaining consistent operations and meeting customer demands within a shorter timeframe. Industries that rely on continuous service or production may have a harder time adopting a compressed schedule. Additionally, there is a concern about the potential impact on revenue. A reduction in working hours may require adjustments to compensation structures or require companies to hire more staff to cover basic tasks, both could strain budgets.


Ultimately, while the concept holds promise, keeping the long-term interests of both employees and businesses in mind will be the key to making it happen. The transition to a 4-day workweek could be a new era of workplace innovation and prosperity.

Are Westlaw and Lexis worth the price?

Legal research is an essential component of any lawyer's work and is often relied upon to make informed legal decisions. Historically, attorneys have relied on the two main sources of legal research, Westlaw and Lexis. These expensive services have become increasingly popular due to their vast databases, advanced search features, and user-friendly interfaces. However, relying solely on these services may not be the most cost-effective or accurate method of legal research.

One of the main reasons why attorneys should think twice before relying solely on Westlaw and Lexis is the fact that search hits are determined by human-made algorithms. These algorithms are created by human beings, and therefore have inherent biases and limitations. For example, searches may not yield accurate results, or relevant information may be omitted due to a lack of proper keywords. As such, attorneys may end up missing out on some of the most relevant legal information.

Another downside to using Westlaw and Lexis is the cost involved. These services can be quite expensive, particularly when it comes to accessing certain texts and documents that are not included in most plans. For instance, accessing foreign legal information or certain copyrighted material could be quite costly, and the expense may eat away at the legal budget.

Considering these issues, it's worth considering alternatives to Westlaw and Lexis. One option to consider is alternative legal research platforms like Casetext, Fastcase, or Ravel Law. These services offer lower prices and flexible plans with comprehensive access to various legal texts, as well as AI-enhanced search algorithms. Other options include free online resources like Google Scholar, which can provide access to case law and secondary sources.

In conclusion, while Westlaw and Lexis offer extensive legal resources, it might not always be the best fit for attorneys with limited budgets or those with more flexible needs. It's worth considering alternatives to these platforms, which offer a broader range of services and are cost-effective. By exploring other options, attorneys can broaden their access to legal material and enhance their search capabilities to get the best results.

(AI assisted) 

Personal Finance Management and "Escaping the Rat Race"

 "A majority of Americans say they can't afford a $1,000 emergency expense, a recent report from Bankrate finds.

Only 44% of Americans surveyed said they could use their savings to pay for an unexpected expense, instead opting to put it on a credit card or borrow cash from family or friends." 

According to Anne Probert on cnbc.com, 56% of Americans can't afford a $1,000 emergency expense. I have always been money conscious and a saver and am terrified of the undertaking that paying off student loans will be. The thought of not having $1,000 to cover an expense is scary, and it's even more scary that this is a reality for more than half Americans. Personal finance is an important skill to have that I'm realizing most people don't have. Between having all the subscriptions, an average $700 car payment, and "keeping up with the Joneses," Americans are in a perpetual cycle of just spending money without realizing they need to save for a rainy day and spending their whole paycheck come pay day is unsustainable in the long run. I think we are finding that many are underinvested in their retirement funds and will be pressed when or if the can retire. The possibility of the Social Security fund that we are all currently paying into also doesn't help. 

This article reminds me I need to update my monthly budget to not only account for savings for my distant future, but also for the time that I will need savings while I am out of work preparing for the bar. 

Is a 4-Day Work Week A Good Idea?

Bernie Sanders' proposal to transition from a traditional five-day workweek to a condensed four-day model brings forth a myriad of potential positives and negatives. On the positive side, a shorter workweek could significantly improve work-life balance for employees, offering them more time for leisure, family, and personal pursuits. This shift has the potential to enhance overall well-being, reduce burnout, and increase productivity during the limited work hours, as studies suggest that shorter workweeks often lead to higher levels of job satisfaction and efficiency. Additionally, a compressed workweek could have environmental benefits, as fewer commuting days mean reduced carbon emissions and less strain on transportation infrastructure. 

However, this proposed change also raises concerns and potential challenges. Businesses may worry about maintaining productivity levels with fewer working days, leading to fears of decreased output or increased operational costs. Furthermore, certain industries reliant on continuous operations, such as healthcare or emergency services, may find it difficult to adapt to a condensed schedule without compromising service quality. Additionally, there may be disparities in how the transition impacts different sectors of the workforce, with hourly workers potentially facing reduced incomes if their hours are not adjusted accordingly. While the proposal offers enticing possibilities for improving work-life balance, its implementation would necessitate careful planning, consideration of sector-specific needs, and thorough evaluation of its economic and social ramifications.

In conclusion, Bernie Sanders' bold proposal to transition from a five-day to a four-day workweek sparks vital conversations about the future of work-life balance and productivity in our society. While the idea presents exciting opportunities for improved well-being and environmental sustainability, it also poses challenges for businesses and sectors with unique operational needs. As discussions continue, it's crucial to weigh the potential benefits against the practicalities of implementation, ensuring that any changes ultimately prioritize the welfare of workers and the health of our economy."

The Dangers of Business Identity Theft

 

    When an attorney purchases or starts a practice they are starting a new business which means they will obtain an EIN number from the IRS and register with the state through SunBiz so they can file business taxes. While we are very protective of our social security numbers to protect ourselves from identity theft, we often forget about the dangers of business identity theft. 

    This has become increasingly prevalent because of the fact that so many applications can be done online. You can even open bank accounts online now. This makes it easier for scammers to use your information without it being noticed because they aren't interacting with a human being. I work in sales and have experienced several fraudulent applications. The EIN and business were real but the person applying for the service was using fake documents and was not the real business owner. I was able to catch on to this and realized it was fraud when I asked for the copy of the drivers license and the height said 01'65". 

    One way you can protect yourself as a business owner would be to freeze your credit. When opening a new business bank account, applying for credit card processing or applying for a business loan, you will usually need to give your SSN. Having that credit freeze will prompt the company to ask you more questions for verification. 

Just Ranting About Tuition Increases and Transparency.

     A search of my student email inbox shows three separate emails (2024, 2023, and 2022) outlining implemented tuition increases for students of Stetson Law: 

2022 - 3.9%
2023 - 5.5%
2024 - 3%

    Curiously missing from this year's joyous notification is a reference to current inflation rates, which provided some surface level justification for the 2022 and 2023 rate increases. Instead, Stetson has vaguely outlined a new "flat tuition" model, ensuring future incoming students pay a uniform rate while enrolled at Stetson. 

    While I'm sure I could correspond directly with the Dean's office in order to get specifics answered, the lack of transparency as to where the money is going is frustrating. I've spent my professional career in government - every year, agencies post their LBR (legislative budget request) and supporting documentation to justify the costs for the upcoming year. As a general rule of thumb, you need to persuade the legislature to increase your budget - not just provide a cursory reason ("inflation", for example, probably wouldn't fly - I've seen requests to purchase fleet vehicles to replace thirty year old cars get shot down because those thirty year old cars still function).

    If Stetson prepares similar documentation in anticipation of the Board of Trustees meetings, I have yet to find it. Curiously, I've also been unable to find minutes from the Board of Trustees meetings. "Inflation" means lots of things - send us a breakdown as to where the extra dollars are going, or how the College intends to use it. Our chosen profession revolves around backing up claims with evidence. The College needs to put its best foot forward and lead by example.

    

    

    

    

Bar Prep in Your 3L Year

     When entering law school I knew that the first year we would be given our schedules that contain our foundational courses. Throughout the next two years I knew that while we still had requirements we must meet, we had more freedom in choosing the courses that we took. One thing about this that surprised me was the fact that the final year, or at least the final semester of law school, there are not more refresher courses for bar preparation. I do not think that the final year or semester of law school should not necessarily be strictly focused on bar prep because not everyone takes the bar, I do think that offering refresher courses during the semester would be beneficial.

    While courses such as overview of Florida law, survey of Florida law and Multistate are offered to students, these courses go over multiple subjects within the semester, compacting a lot of topics into one course. I think that these courses are very beneficial, however I think that offering review courses that are focused on a singular topic would be very beneficial for students as well.  By offering courses specifically focused on one topic students the opportunity to spend additional time on the subjects that they feel they are struggling with in a classroom setting prior to studying for the bar online throughout the summer months.  Schools could offer these courses as one credit courses or weekend courses that specifically focus on one single subjects covered on the bar. By offering these courses in the final year of law school students could really focus on strengthening their skills on subjects that they feel they are not as strong in to help them better prepare for the bar.

Legalities of the TikTok Ban

 There has been a lot of chatter about the potential TikTok ban. This has been mentioned in past years, but it never actually came to fruition. This time, it has made it past the House. I saw an article on the Wall Street Journal discussing the legal showdown this would cause- National security vs. Free Speech. 

TikTok is so popular that it is the catalyst for some creator's entire career. Without the app, would there be a violation of people's First Amendment rights? There are over 130 million American users on TikTok. Another article regarding this issue stated: 

 "To overcome First Amendment concerns, the government will likely need to demonstrate that forced divestment or otherwise banning the app advances a compelling government interest and represents the least restrictive means of advancing that interest." 

I think that arguments can be made either way. On one hand, if TikTok were no longer available, I am sure another app or platform of some sort would be created, similarly to how TikTok was created after Vine disappeared. On the other hand, creators shouldn't have to do this. The hassle of finding a new platform and trying to maintain a similar following would be challenging. 

Another potential issue with a ban would be the pattern it could potentially create- Censorship. Other platforms may feel that they are able to censor content. This would just be another free speech issue. 

I do not feel super strongly about whether or not the bill should pass, because I do think that there could be some positives. TikTok can be a toxic environment, especially for younger children. I think it is interesting that this has made it past the House and that it is actually gaining momentum this time. I am curious to see if it gets to the point of a concrete legal battle regarding its First Amendment implications. 



Protecting Your Firm's Data in a World of Data Breaches and Ransomware Attacks

 



Just last month one of the largest health insurance providers was involved in a ransomware attack, and they paid out twenty-two million to the hacking group to get their systems running again. Certain types of data are worth more than others – you can buy a social security number on the black market for around fifteen dollars, but health records are going to cost around sixty dollars. In 2023, law firms became a large target for data breaches, and class action lawsuits were filed against various firms as a result.

While the data a law firm has on its clients will vary, how can and should firms protect the information they store electronically? The solution will depend on each firm because a solo practitioner likely will not be the target of these ransomware attacks, but large firms that hold information of large corporations will be the golden tickets for these hacking groups. 

Regardless of size, each firm should implement some level of risk management. Education is one of the most important elements – avoid falling for phishing attempts and understand how to protect yourself. Multi-Factor Authentication annoys me to no end, but it does aid in preventing your accounts from being accessed. Firms should ensure that files are regularly backed up – especially with the current ransomware tactic often involve locking companies out from accessing their necessary data. 

Those are just two simple solutions, but often more is necessary such as encryption, but again, the necessity of this will depend on how at risk your firm is. It is important for all attorneys, regardless of firm size, to have a basic understanding of how to address a data breach/ransomware attack. Below, I have included a guide, generated by ChatGPT, for law firms on how to plan to prevent and respond to these incidents. 


Prevention Strategies

1. Employee Training and Awareness: Educate your staff regularly about cybersecurity risks, phishing scams, and safe internet practices. Ensure they can recognize and report suspicious activities.

2. Update and Patch Systems: Keep all software, including operating systems, antivirus, and other critical applications, up-to-date to protect against vulnerabilities.

3. Secure Your Networks: Use firewalls, encrypt sensitive information, and secure your Wi-Fi networks. Implement Virtual Private Networks (VPNs) for remote access.

4. Access Control: Limit access to sensitive data based on roles. Use strong passwords, multi-factor authentication (MFA), and regularly review access permissions.

5. Data Backup: Regularly back up critical data and store it securely, preferably offsite or in the cloud. Test your backups to ensure they can be restored.

6. Incident Response Plan: Develop a clear plan outlining steps to take in the event of a cybersecurity incident. This plan should include contact information for key personnel and external experts, like cybersecurity firms or legal counsel.

Response Steps in Case of a Data Breach or Ransomware Attack

1. Isolate and Contain: Immediately disconnect affected systems from the network to prevent the spread of the breach or ransomware. Isolate impacted devices and secure your backups.

2. Assess the Impact: Determine the scope and impact of the breach or attack. Identify what data was accessed or encrypted and who might be affected.

3. Engage Cybersecurity Professionals: If not already done, engage with cybersecurity experts to help investigate the breach, remove malware, and secure your systems against future attacks.

4. Notify Affected Parties and Authorities: Comply with legal and regulatory requirements regarding breach notification. Inform affected clients, employees, and partners about the breach, what you're doing in response, and how they can protect themselves.

5. Restore Systems: Use your backups to restore encrypted or deleted data. Carefully bring affected systems back online, ensuring they are clean of any threats.

6. Review and Learn: After resolving the incident, review the breach or attack with your team and any external experts involved. Update your security measures and incident response plan based on lessons learned to strengthen your firm’s defenses.

Ongoing Post-Incident Actions

- Legal and Compliance Considerations: Consult with legal experts to understand any legal ramifications or obligations arising from the breach.

- Communication Strategy: Maintain transparent and ongoing communication with affected parties, updating them on resolution efforts and any steps they should take.

- Monitor for Further Incidents: Stay vigilant for signs of further attacks or breaches, as attackers often attempt to strike again.

Remember, the goal is not just to respond effectively but also to prevent incidents from occurring in the first place. Regularly review and update your cybersecurity practices to address evolving threats.


Dells Backs to Office

 While it seems more efficient and better for the worker to stay in a work from home environment, however as someone who has spoken to several different Dell employee's ever since the work from home had become popular, I can aptly say that the quality and experience of the consumer has dropped. 

From first hand experience I have custom built several Dell products, conversated with technical support, and spoken with a Dell rep numerous times ever since Covid hit and Dell began its work from home allowance. While the experience has not always been bad when talking with these employees while they were at home, I can say that there were a lot of instances where there were issues that would not have happened had they not been at home. Additionally, the security risk of the employees working from home that are able to remote access into computers is a significant one compared to when they are in office on Dell secured computers. 

Security is the biggest issue. A lot of technical support, especially for businesses, can be solved when someone remotes accesses the computer. As future lawyers, I think if you had technical support remoting into your computer with client files, you would want the max security. But this is similar for most businesses, that security for files and information is a must. But a lot of that security could be compromised when the employee from home is able to access your computer on their home network and from their home computers, albeit from dells software, but never-the-less, it increases the potential security risk. I had one instance where a technical support person was remoted into one of my computers when he wife and kid came into the room while he was combing through my computer trying to find the issue. 

Another issue is professionalism. Dell is a major company that deals with a lot of big and small business people alike. The last thing they want when a customer is trying to build a a custom order large ticket PC or order a a large quantity of computers, is that there be distractions or nuisances in the background. I have been on numerous calls with a Dell employee where their dog was continuously barking or their cat had walked onto their desk and into their way. While I am very lenient cause I like animals, it definitely distracted or added time to the call that otherwise would not have happened. 

Thus, while I understand the convenience and benefit of working form home, I can understand why Dell would want a more professional setting for their customers, especially when the consumers calling in to buy products or for the higher end technical support buy the big ticket items and big ticket quantities that are looking for quick professional service because they are running businesses. 

No More Bar Exam?

Last week, the Washington Supreme Court approved several new routes to take for law students to become licensed attorneys without needing to take or pass the bar exam. One of the methods includes an apprenticeship program (popularized by Kim Kardashian) while another involves completing 12 credits of coursework and 500 hours of practical legal work prior to graduating. Supreme Court Justice Raquel Lewis stated that "with these alternative pathways, we recognize that there are multiple ways to ensure a competent licensed body of new attorneys who are so desperately needed around the state." An interesting perspective on these different paths to becoming an attorney include that law clerks could become licensed attorneys by completing courses and getting 500 hours of legal work done. 

This is definitely an interesting and pretty major departure from the traditional bar exam route that has been effect for decades. Now, Washington joins Oregon, Wisconsin, and New Hampshire as the few U.S. states that no longer require the bar exam. It will be interesting to see how more populous states like California, Florida, and New York react to the move and if they follow suit. Would you feel more secure with a lawyer representing you who passed the bar exam or does it not matter? 

Navigating the Legal Advertising Landscape: Effective Strategies for Solo Practice Law Firms

In today's competitive legal landscape, establishing a robust advertising strategy is paramount for solo practice law firms to thrive. With countless options available, it can be challenging to determine the most effective methods to reach potential clients and distinguish oneself from the crowd. Here, we delve into some tried-and-tested strategies that can elevate the visibility and reputation of your solo practice.

  1. Digital Presence Is Key: In an era dominated by technology, having a strong digital presence is non-negotiable. Start with a professional website that showcases your expertise, services offered, and client testimonials. Optimize it for search engines to ensure potential clients can easily find you online. Leverage social media platforms like LinkedIn, Twitter, and Facebook to engage with your audience, share valuable insights, and demonstrate thought leadership in your legal niche.

  2. Content Marketing: Establishing yourself as a subject matter expert through content marketing can significantly enhance your firm's credibility and attract potential clients. Start a legal blog where you discuss relevant legal topics, offer practical advice, and share case studies. Additionally, consider creating informative videos or podcasts that demystify complex legal concepts and provide guidance on common legal issues. By consistently delivering high-quality content, you not only position yourself as a trusted advisor but also improve your website's visibility on search engines.

  3. Networking and Referrals: Building strong relationships within your local community and legal network can be a powerful source of referrals for solo practitioners. Attend legal seminars, networking events, and community gatherings to connect with fellow attorneys, business owners, and potential clients. Establishing rapport with other professionals can lead to reciprocal referrals and collaborative opportunities, expanding your client base and enhancing your reputation in the legal community.

  4. Client Testimonials and Reviews: Positive testimonials and reviews from satisfied clients can significantly influence potential clients' decision-making process. Encourage satisfied clients to leave reviews on your website, Google My Business, and legal directories. Additionally, consider showcasing client testimonials prominently on your website and marketing materials to build trust and credibility with prospective clients.

  5. Targeted Advertising: While traditional advertising methods like print ads and billboards still have their place, solo practitioners can maximize their advertising budget by focusing on targeted digital advertising. Platforms like Google Ads and social media advertising allow you to reach potential clients based on their demographics, interests, and online behavior. By targeting your advertising efforts towards individuals in need of legal services within your practice area and geographic location, you can generate higher-quality leads and maximize your return on investment.

In conclusion, effective advertising for solo practice law firms requires a multifaceted approach that leverages digital tools, content marketing, networking, and targeted advertising. By strategically implementing these methods, solo practitioners can enhance their visibility, attract high-quality clients, and establish a reputable brand in their legal niche. Remember, consistency and authenticity are key to building lasting relationships and achieving long-term success in the competitive legal market.

Law School Optional? A new path to practice

The Supreme Court of Washington recently issued a ruling that marks a significant shift in the landscape of legal licensing. In a groundbreaking decision, the court has paved the way for prospective lawyers to pursue alternative pathways to obtaining their licenses, moving beyond the conventional bar exam route.  

As Reuters reported: “Washington’s high court approved ‘in concept’ two new licensing pathways for law school graduates. One option is a new apprenticeship program for law school graduates who would work under the supervision of an experienced lawyer for six months then submit a portfolio of work for evaluation. A separate option would allow law students to complete 12 credits of skills coursework and 500 hours of hands-on legal work before graduation, then submit a work portfolio to the Washington State Bar to become licensed.” https://www.reuters.com/legal/government/washington-adopts-new-lawyer-licensing-paths-other-states-mull-bar-exam-bypasses-2024-03-18/ 

This move comes with the dual purpose of addressing the issue of "legal deserts" and tackling longstanding fairness and bias concerns inherent in the traditional bar exam model. 

“Legal deserts” are geographic regions where available legal services fall short of local community demand. Many Washingtonians live in a rural town or an underserved urban area, where access to legal representation is sparse, if not non-existent. In such environments, individuals may struggle to find the help they need for family, business, or other major life events. Whether it's drafting a will, handling a divorce, or seeking compensation for an injury they have suffered. By opening up alternative pathways to licensure, the Supreme Court of Washington aims to bridge this gap, ensuring that legal assistance is more readily accessible to those who need it most. 

It is worth acknowledging that the traditional bar exam model has long been criticized for its inherent biases and inequities. Historically, bar exams have been criticized for favoring privileged candidates with access to expensive preparatory courses, while disadvantaging those from underrepresented or marginalized backgrounds. This perpetuates systemic inequalities within the legal profession, hindering diversity and inclusion efforts. 

By introducing alternative licensure pathways, the court seeks to dismantle these barriers to entry and promote a more inclusive legal profession. By diversifying the routes to licensure, the legal profession becomes more accessible to a broader spectrum of aspiring lawyers, irrespective of their socio-economic background or educational pedigree. 

Amidst these innovative reforms, it's crucial to maintain vigilance in safeguarding the integrity and competence of legal practitioners. The protection of the public interest remains paramount, ensuring that licensed attorneys possess the requisite skills, knowledge, and ethical standards to serve their clients effectively. Washington’s new policies seek to strike a delicate balance between innovation and accountability, recognizing the evolving needs of society while upholding the core principles of legal professionalism. 

Other states considering these types of reforms must consult with law schools, bar associations, and regulatory bodies and encourage all of these stakeholders to collaborate to design and implement robust mechanisms for assessing competency and ensuring accountability. By fostering a culture of continuous learning and professional development, we can cultivate a legal profession that is not only diverse and inclusive but also competent and responsive to the needs of a rapidly changing world. 

The Supreme Court of Washington's ruling represents a bold step towards a more accessible, equitable, and accountable legal system, but only time will tell what broader ramifications these changes will have on the profession moving forward.