Lawyers Gone Ethical

The UPL exceptions proposed by California's task force seem to be stirring up a lot of anxiety amongst lawyers.  In this episode, Megan breaks down the actual proposals and encourages public comment on each of them.  Allowing more players in the legal services game is not half as scary as reactionary comments on social media would lead us to believe.  In this episode Megan discusses proposals to modify Rule 5.4. Resources Mentioned: Podcast discussing Essentialism Clio Cloud Conference - use code ZAVIEH for an exclusive discount Info on Arizona Task Force Proposals Public Comment Page State Bar of California Agenda mentioned Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me

If you think that the laws we study in law school, from cases to statutes to regulations, are free, think again.  Copyright claims over the laws governing our country stymie access and innovation.  Ed Walters, CEO of Fastcase, joins Megan to dive into this issue and the upcoming Supreme Court case that may change it. Highlights include: - Ed's teaching of the law of robots - Historical perspective of the fight to make law public - Impact of law not being public - Current events at the US Supreme Court in Georgia v. Public.Resource.org Resources Mentioned: Ed's Blog Post Fastcase Casetext Ravel Law Judicata Docket Alarm Law Street Media Law 360   SCOTUS Blog How to become a member of the US Supreme Court Bar   Guest Info: Ed on Twitter Ed on LinkedIn   Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple

The UPL exceptions proposed by California's task force seem to be stirring up a lot of anxiety amongst lawyers.  In this episode, Megan breaks down the actual proposals and encourages public comment on each of them.  Allowing more players in the legal services game is not half as scary as reactionary comments on social media would lead us to believe.  In this episode Megan discusses proposals 2.0 through 2.6. Resources Mentioned: Main public comment page Infographic  Summary memo Full agenda with more details (250 pages)  Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn We

Legal coaching, or limited scope representation, can address a tremendous need for participants in the justice system to get access to information not otherwise available to them.  In this episode, criminal defense attorney and legal coach Jennifer Gerstenzang talks with Megan about her coaching practice.  Highlights include: - How legal coaching bridges the gap for criminal defendants awaiting assignment to public defenders, allowing them to prepare for their first court date in a way otherwise reserved for those with private counsel - The other needs addressed by legal coaching, including assisting family members of criminal defendants in understanding the process  - Legal coaching allows the attorney to offer services that fit in a more flexible work style - Ethics issues raised by legal coaching and how to address them Resources Mentioned:   Lawyerist Lab  Contact Information: Jennifer Gerstenzang - Twitter   Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivere

Non-lawyer ownership of organizations providing legal services is a broad topic encompassing solos sharing their operating accounts with their spouses all the way to publicly traded law firms.  As California considers rule changes that would allow non-lawyer ownership, this episode explores what non-lawyer ownership may look like, common arguments in support of the ban, thoughts on whether the ban actually protects against the supposed risks of non-lawyer ownership, and the California proposals to permit those without law licenses to participate financially in entities that provide legal services.  This episode even addresses the fear that Walmart will open a law firm in every store -- and why that possibility is not such a bad idea. Resources Mentioned:  Bar website for public comment Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast.

So often lawyers are afraid to try something new (or new to them), and they often cite the ethics rules as one of the reasons they cannot do whatever it is.  After reading Seth Godin's recent blog post Fear of Kohlrabi, Jess Birken and Megan got into a discussion of what really hinders lawyers' ability to try new things.   Megan and Jess cover a wide range of topics on this episode, all related to how lawyers allow themselves to be held back by fear.  Listen in for topics including: - False blaming of external reasons for not taking chances on learning new things - "New" does not necessarily mean cutting edge, but simply new to the person trying it - A simple process for heading off fear to prevent it from controlling your actions - How simple some of new skills can be to acquire - How wonderful customer service is actually innovative (and dare say even new) in the legal profession Contact Information: Jess’s Website - be sure to sign up for her email list for lawyers Jess's Twitter  Thank you for listening

As California's Task Force on Access Through Innovation of Legal Services makes its recommendations and the Board of Trustees puts them out for public comment, the country is watching closely.  Every lawyers, member of the public, and consumer of legal services (i.e., everyone) needs to pay attention.  Today's episode gives an overview of the proposals and calls for widespread public comment. Proposed regulatory changes include: - Abolishing Rule 5.4 fee sharing prohibition - Loosening Rule 5.4 and allowing non-lawyers to share in fees - Allowing entities owned in part or in full by non-lawyers to offer legal services - Regulating legal tech companies as providers of legal services And more.   These notes will be updated to provide links to public comment.  For now, the agenda for the Board of Trustees upcoming meeting and the recommendations to be considered can be found here: BOT Meeting Agenda Recommendations from ATILS   Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new epis

While we all wait for the ethics rules to change and open up avenues of innovation such as non-lawyer ownership in law firms, there are lawyers grabbing the bull by the horns and changing how they practice despite the confines of the ethics rules.  These lawyers are offering subscription legal services, virtual multi-state practices, concierge wills and trusts service through virtual portals, empowering self-represented litigants, and more.  On this episode, Megan and her guest Erin Gerstenzang will highlight some of these lawyers and also dish on presenting a talk to the Tennessee Lawyers Association for Women Empowerment Conference on this very topic. Lawyers Mentioned in This Episode: Jess Birken, Erin Levine, Jennifer Gerstenzang, Kim Bennett, Aastha Madaan, Brooke Moore, Laura O'Brien, Christina Scalera, Billie Tarascio, Ticora Davis, Laura Lester   Guest Info:  Erin Gerstenzang - Website and Twitter Thanks for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straig

We talk a lot about lawyer wellness, including getting out of the office and disconnecting from professional life, but we can address wellness issues from inside the office too.  In this episode, we explore ideas for nourishing your professional soul. - Mentor and be mentored (check out Megan's article in Bar Association of San Francisco's Bulletin) - Work on the business of your firm - Teach - Serve on non-profit boards Share your ideas for how to nourish your professional soul.  Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com T

Lawyers are terrible at customer service.  Many bar complaints could be prevented with far better client service.  We have all experienced amazing service at other businesses -- five star restaurants or hotels, local businesses that deeply care about the customer, and others.  Today's guest John Strohmeyer -- estate planning and international tax lawyer -- shares with listeners his experiences at the Four Seasons and how they can apply to lawyers.   John and Megan talk about: - John's experience at the Four Seasons - Lawyers' failings in taking care of clients - How lawyers can learn about hiring and service by studying the Four Seasons model - How John is teaching lawyers to do better - A great story of a missed wake-up call, a chartered plane, and a raving Four Seasons fan Resources: John's article on client service here Guest Info: John Strohmeyer - Website and LinkedIn Thanks for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every T

Lots of questions from listeners pop up again and again.  This episode, we tackle some of those frequent questions.  Among them: - How do I report my IOLTA to the State Bar? - Must I continue representing someone who complained about me to the Bar? - Is failing to perform with competence the same as being incompetent? - How do I withdraw cash from my IOTLA?  (Hint - you don't!) - How does timing work on my moral character application? I also highlight some news on fee agreements in California.  Here are links to the new sample fee agreements put out by California and Megan's article on handling flat fees under California's new rules.   Thanks for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect

Erin Gerstenzang and Megan presented a workshop on Women Mentoring Women at the Tennessee Lawyers Association for Women Empowerment Conference in March 2019.  On this episode, Megan and Erin talk about women mentoring each other, why it's critical that we stand up and help each other, how women mentor differently than men, and what specifically we can be doing to work together. This workshop is one Erin and Megan are taking on the road, so be sure to check out their speaker pages (Megan's Speaker Page, Erin's Speaker Page) for more information on booking speaking engagements.   Resources Mentioned: Among the resources recommended in this episode and the workshop are Confidence Code and How Women Rise.   Guest Info:   Erin Gerstenzang - Website and Twitter Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Ap

Lawyers are well-known for not paying enough attention to our mental health and ultimately getting ourselves in trouble as a result.  But all the talk about taking care of ourselves can sometimes seem like noise and we don’t actually accomplish doing anything any better.  How do we make self-care as routine as brushing our teeth? In this episode, Megan offers up some suggestions beyond yoga and meditation. Some outside-the-box mental health tips:  1) Do something that sounds crazy to you 2) Meditate, but not just sitting still 3) Give yourself a grand gesture 4) Embrace the outdoors 5) Get perspective in a cemetery or historic site 6) Get lost in time   Mentioned in the show: Jeena Cho: Website, Twitter The Anxious Lawyer Headspace meditation app Deep Work by Cal Newport  Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Revie

Being a lawyer is a complex and strenuous profession and throwing forensics into the equation creates an entirely new concept to master. Lawyer-Scientist is a new title and only 69 people in the US currently hold that designation, and Lisa Gonzalez is one of them. Lisa specifically has a focus on forensics within the practice of criminal law and is a member of the American Chemical Association. Lisa has incorporated her specialized knowledge of science into her law practice. In this episode, she shares her outlook on the procedures being used to integrate science and law and how she believes other lawyers can raise the bar by advocating for the profession. For more about what the Lawyer-Scientist profession entails tune into this episode of Lawyers Gone Ethical.     Show Highlights:  What led Lisa to become a Lawyer-Scientist  Specific classes necessary to become a Lawyer-Scientist  Different techniques and skills that Lawyer-Scientists study  How practicing criminal defense has impacted Lisa’s approach to h

Being on probation with the State Bar can be more complex and significant than you might anticipate. When you are on probation, even the most unintentional or seemingly trivial mistake can lead to monumental consequences.  In today’s episode, Ethics Attorney, Megan Zavieh shares exactly what you need to know to make it through the probation process in a clean and efficient manner, so that you can restore your standing without further repercussions. While the California Bar is the example the information provided in this podcast, the principles are applicable in every state. This episode can be used as a guide to help you resolve disciplinary probation successfully. Show Highlights:  Understanding why it’s unethical to ask a client not to file a Bar complaint  How to resolve the issues that could result in a complaint being filed What the probation process involves and how to prepare for it  Understanding the trivialities and expectations of your probation  Making a list to fulfill the requirements of your pr

Did you know that potential clients are judging you based on what others are saying about you online? In this episode, we listen in on ABA TECHSHOW 2019 where Megan presented with Jordan Schuetzle Director, Proposition Strategy & Market Development Lead at Thomson Reuters. Jordan consults with lawyers and speaks at larger events on how to manage your reputation online. Jordan points out that much of the content about us online is content that we did not write or have any input on, so you have to be prepared to counteract those negative impressions. Tune in and learn about reputation management in the digital age. Show Highlights: Being judged by what people read and write about you online Managing relationships with others besides just clients Making a Murderer on Netflix changing a lawyer's reputation overnight Google’s portrayal of your company Generating more positive reviews rather than negative ones Survey statistics Controlling the volume and the responses on the reviews Asking for feedback and rev

A struggle for all law practices is getting paid. Even when you think you have a clear fee agreement, without effective communication and ease of payment, you may well find yourself with mounting receivables.  Today Megan Zavieh shares tactics to help you avoid those “I’ll pay you when’s…” and how to maintain a stress-free relationship with your clients. To learn more about making payments easy for your clients, tune into this episode of Lawyers Gone Ethical.  Show Highlights:  Collecting receivables as a solo lawyer  Making it easy for your clients to pay you  Basics about credit cards for lawyers  Using automated reminders for billing Requiring upfront payments  Creating a buffer to ensure you get paid  Executing clear communication with the client to protect both parties  Having a written contract & what to include Making sure your fees can be justified Keeping detailed records of your work and time  Addressing non-payment early in the relationship  Thank you for listening! Don’t forget to SUBSCRIBE

Social media is a necessary part of doing business in the digital age. As a lawyer, it’s important to be personable, likable, and professional on social media, but how exactly does one do that? In this episode, two well-informed and experienced attorneys discuss how to utilize social media and use it as a tool to connect your community and become the authority in your niche. They also cover the why, the what, and the how of avoiding common mistakes. To learn more about how you can use social media to your advantage and create a well-curated business platform, tune into this episode of Lawyers Gone Ethical featuring Megan Zavieh and Erin Gerstenzang. Show Highlights:  The why behind social media  Developing an online presence with the media  Being authentic and pulling people in  Making a distinction between a personal and business presence  The importance of networking  Making yourself visible and part of a community  Creating a credible website people can connect to  Why it’s necessary to be on social media

When do we tell a client we made a mistake - whether big or small? Delivering bad news is not easy, so it helps to know how to handle these situations. Today, we discuss ABA opinions that deal with specific instances of the disclosure. Sometimes we overestimate the requirements on what needs to actually be shared. so today you’ll learn what to disclose to be in full compliance. Tune in and discover the two 2018 ABA opinions that need to be at the forefront of our minds.    Show Highlights: Go back and listen to episode 30 with Kathleen Havener on delivering bad news in the best way First ABA opinion Formal Opinion 483 - Lawyers’ Obligations After an Electronic Data Breach or Cyberattack ABA opinions are not binding but extremely instructive Second ABA opinion Formal Opinion 481 - A Lawyer’s Duty to Inform a Current or Former Client of the Lawyer’s Material Error Megan’s own experience with her website that was hacked years ago The definitions of a data breach or cyberattack Safe harbors to safeguarding infor

The importance of community and supporting each other as we build our practices can’t be overstated. Understanding that you are not alone as you build your practice is absolutely empowering.  It can lead to the lightbulb moment that can be the catalyst for tremendous growth in your practice.  Today, we will be talking with 2 of the 5 co-authors of a new book called Tiger Tactics: Powerful Strategies for Winning Law Firms. We will hear from Billie Tarascio, owner of both Modern Law (a family law firm in Phoenix) and its sister Access Legal (a document prep company for low-income clients).  Billie is also the co-founder of Modern Law Practice, a company dedicated to building infrastructure in law firms. We also will chat with Jay Ruane, criminal defense attorney and owner of Ruane Attorneys in Connecticut. They are here to share some of the nuggets from the book, so you won’t want to miss this episode. Show Highlights: A short background on our guests today About the book “Tiger Tactics” and how they came up w