Lawyers Gone Ethical

For many lawyers with innovative ideas for their practices, those ideas rarely get a chance to blossom because of certain restraints in the ethics rules, unfortunately. If you’re looking to implement new services or develop legal products and are unsure of what the ethics rules allow or disallow, you’ll truly enjoy this conversation. More importantly, you’ll learn how you can work through your fears of violating the ethics rules to cultivate your genius idea.  Joining me today is Erin Levine, a Certified Family Law Specialist and CEO of HelloDivorce, an online platform that empowers individuals contemplating divorce with step-by-step guidance and affordable access to lawyers. What We Discuss in This Episode: Why is it that the ethics rules hinder our progress and innovation in the legal profession? Lawyers might be risk-averse but that’s because we aren’t taught to take risks in law school and aren’t encouraged by the ethics rules to do so either How the lack of outside funding and non-lawyer ownership affec

Just like with obstacle course races, lawyers’ careers are long, tough, and full of unforeseen obstacles. In this replay of my recent keynote presentation for CEB’s The Basics conference in California, I share lessons learned on the race course that lawyers can apply to their own lives and careers.   What I Cover in This Keynote: How I transitioned from BigLaw to solo practice because of a shift in my perspective and priorities Why lawyers let fear (specifically the fear of violating the ethics rules) stop them from pursuing their dreams You know a lot more than you realize so always fall back on your knowledge when you’re afraid There are always alternatives to reaching your goal; don’t get caught up in obstacles The importance of being ethical even when people aren’t looking You can’t go though your legal career alone, just like with running a race course Get used to being uncomfortable when asking others for help The legal profession doesn’t have to be a nasty place; kindness can go a long way When you’re

ABA Model Rule 1.1 states that a lawyer shall provide competent representation to a client. While this duty has existed for a while, the more recent addition of Comment 8 to Rule 1.1 makes it essential for lawyers to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]” This demands a shift in the way lawyers approach their understanding and use of technology in their legal practices. Joining me today to discuss the intersection of technology and ethics is Ivy Grey, bankruptcy attorney, legal tech writer, and creator of American Legal Style for PerfectIt, which is a legal specific proofreading program for lawyers that runs within Microsoft Word.  What You’ll Learn in This Episode: What ABA Model Rule 1.1, specifically comment 8, requires of lawyers Why it is no longer efficient or even acceptable for lawyers to be luddites What the ABA Model Rule 1.1, Comment 5 add to the discussion? What does it mean to be “competent” according to the

Lawyers are charged with upholding the law and abiding by the ethics rules while we’re practicing as well as when “off the clock.” The ethics rules govern lawyer conduct anywhere and any time. So what conduct, behavior, and activities outside of the practice of law could potentially get you in trouble and affect your bar license? That’s what I delve into in this episode. What I Discuss In this Episode: What is one of the most significant activities you can engage in outside the law that will almost guarantee disbarment? Is it just conduct that is criminal in nature that will affect your license? What does ABA Model Rule 8.4 state and how does it apply in this scenario? Are you still considered a “lawyer” when you’re engaging in behavior outside of work hours and on your personal time? Keep in mind: a person who has been wronged can always file a bar complaint against a lawyer, either along with or in lieu of a civil complaint The importance of showing integrity and honesty at all times, not just when practic

No one wants to think about it but there might come a time in your legal career where you have to deliver bad news to your client – whether it’s due to a lawyer error or otherwise. How can you deliver this news to your client swiftly and ethically? Joining me is Kathleen Havener, a lawyer at The Cullen Law Firm in Washington DC. Kathleen’s practice focuses on complex commercial litigation. In this episode, Kathleen shares her insight on a lawyer’s responsibility when it comes to informing the client about the legal process and delivering unfavorable news, if any should arise.  What We Discuss in This Episode: How to prepare your clients when judges fail How to tell your clients when you have failed Is the fear of failing keeping you from being honest with your clients? What can more experienced lawyers do to prepare younger lawyers for failure? What are the different ways something can go wrong in the legal process? What are some considerations to keep in mind when you know you have bad news to tell your cli

Social media can be a great place to connect with colleagues and grow your law practice, when used correctly. For many lawyers, however, the thought of posting and engaging on social media platforms generates as much fear as it does questions. In this episode, I’m focusing specifically on Twitter and sharing a few important ways you can and should be using the platform. My hope is that I address some of the fears and questions you might have about using this platform. What I Cover in This Episode: How should you handle posting confidential information on Twitter? What is confidential information and what isn’t? Why you shouldn’t use your Twitter account as an advertisement The value in Twitter is in having people follow you and reading your posts. That won’t happen if you’re spreading negativity Fill your feed with helpful information by following the right people Use Twitter to help people by answering questions, showing support, and connecting In order to be effective on Twitter, it’s important to share co

Kenneth Lawson went from running a successful practice in Ohio to having his license revoked because of misconduct while addicted to prescription painkillers. He joins us to share his remarkable journey to redemption. Ken Lawson is the Co-Director of the Hawai‘i Innocence Project and an Associate Faculty Specialist at the William S. Richardson Law School where he teaches Criminal Procedure, Criminal Law, Professional Responsibility, Evidence, and Hawai‘i Innocence Project. What Kenneth Shares in This Episode: His lack of self-esteem as a child, where that stemmed from, and how it affected his beliefs about himself How he became the first African American lawyer at one of the largest firms in Cincinnati Why fear of personal insecurity, failure, economic insecurity, and other fears held him back  What finally led him to leave his corporate position to open his own law practice How he acquired Deion Sanders as a client Despite being happier as a solo practitioner, Kenneth still felt like “something was missing”

If you’re a new lawyer just starting out in your legal career, you’ll want to tune in to episode to hear my top 10 tips (and 1 bonus one!) to help you succeed.  If you’re a more seasoned attorney, I’d love to hear your best tip for new lawyers. Tweet me @zaviehlaw  My top 10 tips: No matter how brilliant you are, you are going to be working with people who know more than you do Why “I don’t know” or “No” are not sufficient responses Ask a lot of questions (even if you think you’re irritating the people you’re asking) Communication is key! Under-promise and over-deliver Internalize feedback, from anyone, but especially from senior members at your firm Have an exit strategy Give help and give credit Know your tools Don’t forget to network! And one bonus: Take care of yourself! Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate a

You’re a busy lawyer and some days make you wish you could multiply yourself. Well, until that day comes, you must learn to delegate. But where should you begin? What factors are important when it comes to delegation, and what are the potential challenges and benefits of delegation? I’m joined by Lori Gonzalez is the President and Founder of the RayNa Corporation, outsourced administrative and back office support for lawyers. Lori and I discuss the reason why many lawyers find delegating tasks so difficult, and how to overcome these challenges to effectively delegate certain tasks. What We Discuss in This Episode: It’s true that no one else can do what you do, but you must realize what areas you bring the most value to What are some of the barriers lawyers place between themselves and effectively delegating? Readjusting the notion that perfection is required. It’s not! Human error happens every day, all day long, and none of us are immune from that Your system should allow for mistakes, it’s really setting u

Many law students fear seeking the necessary attention and help for their mental health issues because they know they’re likely to have to report it on their moral character application. Even though few applicants are denied admission based on mental health treatment or diagnoses, there is still a lot of stigma surrounding seeking help. So what are law students and lawyers applying anew for their moral character application to do? I’m joined by two wonderful guests, Margaret Hannon and Katherine Silver Kelly, to discuss the fear surrounding seeking necessary help. Margaret is a Clinical Assistant Professor of Law at the University of Michigan law school, and she teaches Legal Research and Writing. Katherine is the Director of Academic Support at Ohio State University Moritz College of Law and has a lot of experience working with students, preparing them to apply for their character and fitness application process. What We Discuss in this Episode: Knowing a student will likely have to disclose having sought t

We’re all trying to do too much. From having too many commitments, to too many activities, and too many work projects - we’re all doing way too much. As a result, we don’t do anything half as well as we could. It’s time to reduce and let go of certain tasks. But how do we make that decision? What needs to go? That’s what I answer in this episode. I’m currently reading a wonderful book called Essentialism: The Disciplined Pursuit of Less by Greg McKeown and it got me thinking about lawyers and how they operate their law practices. Specifically, how lawyers (especially sole practitioners) fill their plates a bit too much. There are many lessons that lawyers can take away from this book to begin eliminating the unnecessary “things” from their lives and focusing on what truly matters. What You’ll Learn in This Episode: When you try to do all the things, you end up doing them poorly  Begin by evaluating your practice area(s). How many are you covering? Are you spreading yourself thin when it comes to the areas of

Completing your CLE’s might not be the most exciting part of practicing law but it is mandatory. If you don’t take them seriously and complete them, then you can find yourself in a lot of trouble with your State Bar if audited for compliance. Use the tips I provide in this episode to help complete your CLE requirements with more ease. What You’ll Learn in This Episode: Why you don't have to resort to using random, last minute cd’s to complete your credits  How to find free or cheap events offering CLE's throughout the year  Check with your malpractice insurance carrier – they often offer CLE events Find conferences that resonate with you. That helps with completing your requirements and with meeting new people If you’re more of a street lawyer, where you can find local gatherings and events where CLE might be provided Great ways to keep track of your completed credits in case of an audit by the State bar Resources Mentioned: Avvo's Lawyernomics  Clio Cloud conference ABA Techshow CLA Summit CEB Basics Confe

For many solo practitioners, they believe they need to be the CEO’s and the experts of their law practices. After all, more often than not, it’s just them running the show. But is that necessarily the best way to grow your business? My guest today is Mike Whelan, operator of the Lawyer Forward conference, soon-to-be author, and legal consultant. Mike believes lawyers need to choose one or the other and he supports his claims in this fascinating conversation.  What We Discuss in This Episode: Why Clio’s Legal Trends Report, which reported the dismal amount of hours lawyers were billing, is not as worrisome as it might seem Lawyers’ inability to choose between being the CEO of the firm or the expert is creating great impact on the profession Can a solo practitioner be both the CEO and the expert? Access and expertise are not compatible and yet clients expect both from solo practitioners Why human brains are trying hard to shorten the pathways and create routines Studies show that doctors tend to get worse at t

Content marketing presents a great opportunity for lawyers who wish to increase their visibility online and grow their practices. Through blogging and video creation, lawyers can begin to establish genuine relationships with potential clients online. But, of course, there's always that fear of crossing ethical rules. That's what my guest and I discuss in this episode.  I’m joined by Nick Rishwain, Vice President of Client Relations and Business Development for Experts.com, an online marketing platform for expert witnesses and consultants, and we're tackling the topic of creating compelling content ethically.  What We Discuss in This Episode: Lawyers have to create content – it’s no longer merely a “consideration,” it has to be done Your customers/clients are not reading law journals or academic journals so make sure you’re creating content on platforms where your audience and clients are Common objections that lawyers have when it comes to creating content  Why it’s not necessarily the best strategy to load

Whether you’re a new lawyer or you’ve been practicing for many years, this is a great episode that will serve as advice (or as a reminder) for how to make the most of being a lawyer and be the best you can be.  The Top Ten Things Every New Lawyer Needs to Know: Have a realistic perspective of your importance. That includes neither underestimating nor overestimating how much you matter. Don’t bend your principles. You graduated from law school with a backbone so be sure to stand up for what you believe in, even if it’s against your much more experienced employer. Never stop learning. You’re going to learn something new everyday in your law career and the sources from which you learning are varied. You know more than you think you know. In the legal community, your voice needs to be heard so be sure to share what you know. Get used to being wrong. Let go of the idea of being perfect and learn to accept the fact that you are going to be wrong at some point. Take it like a champ and learn from it. Don’t be afrai

If you’re involved in the discipline process, a lot of that stress you're dealing with carries over and affects your family too. So how can you help them handle the stress that comes along with dealing with malpractice suits? That's what I discuss in this episode.  What You’ll Learn in This Episode: The type of stress and fears your spouse and kids (if you have any) will experience as they watch you deal with a malpractice claim How to deal with the financial concerns that might arise Why it’s important to keep your spouse and family in the loop regarding your complaint Not sharing enough information with your spouse is worse than keeping them informed Consider introducing your spouse to your lawyer if you end up hiring one Include your spouse in major decision making Mentally work through the worst case scenarios Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get

The legal industry has been stagnant when it comes to making any sort of ethics reform. For the states that are making changes to their ethics rules, those changes are typically based on opinions and arguments but not on data. The data is out there; we need to collect it and organize it in a way that will help regulators make better decisions. I’m joined by criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. Erin and I are leading the charge on the Data Driven Ethics Project, which is a research project to compile, analyze and organize data about today's world of legal services in order to better draft the rules of professional conduct to embody traditional legal ethics in today's technology-enabled world. What We Discuss in this Episode: Why no state wants to be the first to “stick its neck out” when it comes to progressive ethics reform Why some states are banning lawyer referral services by companies like Avvo and why that’s, in fact, harming the public instead of protecting them Many

I’m diving into the changes that came about with the new revamp of the California Rules of Professional Conduct. Several years ago, the California Supreme Court convened a commission to work on bringing California's Rules into alignment with the ABA Model Rules. The Commission’s Rules were recently adopted by the Supreme Court and they go into affect later this year in 2018.  In this episode, I’m breaking down what California lawyers need to know about the changes and how they impact their law practices.  What I Explain In This Episode: California still hasn’t adopted the Model Rules; they simply amended California’s existing rules The way the rules are numbered have been completely revamped and they’re a bit confusing California is finally aligned with best practices when it comes to advance fees and now require that lawyers deposit those fees in client trust accounts What about sex with clients? When can a lawyer have sex with his/her client? The new client communication rule (CA New Rule 1.4) requires law

There are many instances when a lawyer might want to turn to the press and media to engage them in a way that helps their existing clients. While there are certainly numerous marketing benefits to engaging the press, there’s also a huge opportunity to offer unique legal services to clients in addition to litigation. We’re exploring how to be more media-savvy for the benefit of our clients in this episode. I'm joined by Wayne Pollock, Founder and Managing Attorney at Copo Strategies, a national legal services and communications firm helping attorneys and clients ethically, strategically, and proactively engage the court of public opinion. What We Discuss in This Episode: Why many lawyers might think their cases are too "small" for the media to even care (but why that's a huge mistake)  What two tracks lawyers should think about with regards to engaging the media Despite a judge's or jury’s ability to “block out” press coverage of a case, it’s human nature to be impacted by what is read and heard. That alone i

It’s not enough to be competent in your practice area, now clients expect lawyers to be decent human beings as well. In this episode, I share my thoughts on the importance of being a good person and how that has a positive impact on your business.  I also examine the fall out from a New York attorney’s recent "racist rant" and how that is negatively affecting his reputation and law practice. What I Discuss in This Episode: How lawyers now must be good people along with being competent in their practice areas  What effect, if any, your behavior outside of your lawyer duties have on your career as a lawyer Clients care about how they’re treated, and sometimes, that’s enough to prevent a filing of a malpractice claim How you treat clients is reflected in Google Reviews and that affects business What can we learn from Aaron Schlossberg, the New York lawyer who recently went on a rant that basically ruined his reputation as a lawyer Resources Mentioned:   Blink – Malcolm Gladwell Erin Gerstenzang episode Aaron S