Lawyers Gone Ethical

Have you ever sent in an application and had no idea what the processing time of it being completed would be?  The moral character application is very important and it is best if you have questions to just ask advice on it. We have examined this topic before and will be bringing it up again since there has been a lot of consultations about the moral character application. Tune in and discover how knowing the process can help relieve the anxiety of the application and actual issues that arise. Show Highlights: A short story about the Empowerment Conference from over the weekend Parenting goals and helping children believe they can do something in the future that is self-designed and not just on someone else’s whim Why Megan brought her children to the conference Why we will discuss moral character applications Demystifying the process of the moral character application is a great value Get advice from others who know the process of the application Read questions on the application very carefully so you know w

Do you take time to work on your own wellness? Wellness has gotten a lot more attention in recent years within our profession, which is good. Wellness activities can be group runs, yoga classes, and maybe even workshop sessions talking about wellness.  Jennifer Longtin is a criminal defense attorney in Denver Colorado that specializes in mental health-related criminal defense. She owns a firm called JLongtin Law, and her practice tries to address community issues and access to justice, as well as providing great compassionate criminal defense for their clients. Jen brings a unique perspective as she also represents people who are suffering from ailments that relate back to wellness. Her attorneys in her office and herself are dealing with this stress and it goes beyond what some of us do as many issues come from wellness such as high addiction rates, suicide rates, depression rates, and divorce rates. Tune in today and hear how we can think outside the box with strategies to help with wellness.   Show Highlig

Have you felt the pressure to take on a client that you knew might not be a good fit for you? There are many consequences if you take on these clients because of the pressure to pay the bills.  Today we will learn how to avoid clients that are maybe just not the best ones for your practice. If there are red flags that come up as you are bringing clients into the firm, then it is time to take action. It is easier to turn them away at the beginning than it is to terminate the relationship down the line. Join us today as we learn what actions you can take and systems to put in place to avoid taking on the wrong clients.    Show Highlights:   Crazy story that came out about a Michigan lawyer What fits for your firm, ideal clients are different for everyone Potential consequences for taking on the wrong clients Putting a system into place to analyze incoming work First question as you put together the system - what issues have you had in the past with the clients that have gone bad? The issue of the source, such

Have you seen something on social media lately that makes you angry or makes you want to help? Today we hear how social media can be one of the most effective ways to solve a crisis. Not only is our guest great at his career, he is using social media strategies that not everyone makes use of.   Greg Siskind, is an Immigration Lawyer who has learned how to utilize social media to help his own practice and his clients too. On Episode 16, Wayne Pollock was our guest and he strategized utilizing the media effectively from an ethics perspective. Greg will talk about actually using this strategy on one of his cases (Immigration case). Join us today and discover the magic of social media for your practice!   Show Highlights: Story from Greg of getting a ticket on a one-way street How Greg uses the court of public opinion Immigration Case Greg worked for a husband and wife, while the wife was pregnant Dealing with Immigration and Customs Enforcement - ICE Dealing with the court during the Government shut down Workin

Technology is pulling lawyers and law practices into the modern age but how can you, as a lawyer and business owner, use technology to improve your practice management while remaining compliant with the ethics rules? Along with using technology, how can you apply project management concepts to improve your business? I’m joined by John Grant, Founder of the Agile Attorney network. John works with lawyers and legal teams, acting as an outside COO to help them uncover new ways of practicing law.   What We Discuss in This Episode: Why lawyers seek to derive intrinsic value from their practices What the correlation is between the first five rules of the ABA Model Rules of Professional Conduct and project management? What project management is and how it's applied in a law firm setting The lean startup methodology, the minimum viable product and how lawyers can apply this concept while writing briefs What ethics rules lawyers must be aware of when they’re applying project management methodologies Can certain proje

On Today’s episode, we will discuss representing yourself, and how it can be the only feasible option for some lawyers. Our host Megan does not think self-representation is such a terrible idea. Tune in today and hear why it can be a good idea to represent yourself.   Show Highlights: Everyone’s experience representing themselves is different The balance between personal life and work Why it is not always such a terrible idea to represent yourself Things you still need to do when you are representing yourself Your own case needs to be treated with the importance that it deserves If you get to a point when you are defending yourself and you feel you are out of your area, always call in help and get what you need You learn a lot about yourself, strengths and weaknesses Attorney discipline and the criteria that is important to represent yourself Attorney’s capabilities and how they help you or not You need to be rational, responsible and realistic when evaluating the entire case When you cannot represent yourse

On today’s episode, we will discuss Trust Accounts, Interest on Lawyers Trust Accounts (IOLTA). We are is finding there are a lot of questions about IOLTAs, and that there are many attorneys that could benefit from best practices for them. Join us today as we discover what you should know about IOLTA’s and some safeguards to help deal with the banking industry.   Show Highlights: What an IOLTA is and a distinction on them Best practices for IOLTA’s: 1. First off read your rules for all states you are practicing 2. Make sure you are the only signatory on your trust account 3. Make sure you are reconciling your trust account monthly 4. Keep the records that your bar wants you to keep 5. Your trust account should be at a different bank than the rest of your accounts 6. Make sure you are withdrawing regularly Misappropriation and what it means with your trust account Commingling and what it means with your trust account Violations with trust accounts and consequences  Start with your bar for resources if you

We’ve all heard tales of the horror stories from attorney-client relationships that have gone horribly wrong. Regardless of who is right and who is wrong, both parties suffer when this happens. With a few simple guidelines and a few hours of your time, you can implement a process that will help you and your clients have a successful relationship! Today’s topic will focus on how a couple hours each year, you should reevaluate your fee agreements, which are also known as client engagement letters and retainer agreements. The fee agreement is fundamental to establishing the relationship. Listen today and discover how this document can get your attorney-client relationship started the right way! What We Discuss in this Episode: Why a fee agreement is so important and is a foundational document What a fee agreement is for Key points on client engagement letters: 1. Identify who the client is, as it is a critical question 2. What have you agreed to do for them, the scope of the engagement written very clearly 3.

With increased competition from other lawyers as well as legal companies, the legal client nowadays has a lot of choices when it comes to hiring legal help. That’s why it is crucial for lawyers to recognize the importance of crafting a positive client experience that motivates the potential client to want to work with you (as opposed to just “have to” work with you). Joining me on the show today is Jess Birken. Through her innovative subscription services, Jess serves non-profit and art organizations in Minneapolis. She previously appeared on Episode 14 and Episode 38. What We Discuss in this Episode: How do you make your clients want to call you as opposed to have to call you? How Jess is building her subscription services Why the client experience has become of utmost importance How the definition of “luxury” in restaurants evolved and what we can learn from that service industry My husband’s unfortunate experience with Starbucks Should you be concerned with what your client is experiencing with every inte

I recorded this episode while I was in the middle of a trial. I noticed that while we cover a lot of ethics-related topics on this show, all of the topics, like self-care and crossing ethical boundaries, become extremely apparent when you’re in trial. That’s why I’m sharing my insight on the good, the bad, and the ugly parts of trial and how you can get through them. What I Cover in This Episode: Civility in trial and how that is tested during trial The way that the attorneys behave during trial can be of utmost importance to many judges The types of behaviors between opposing counsel that would qualify as “unprofessional” Why it’s important to keep your word when it comes to trial exhibits and witness lists Don’t bother with baseless objections. They waste everyone’s time How can you maintain self-care during trial? Continue to check your email, even during trial, because people expect to hear from you Set expectations with an email Out of Office responder Make sure your phone is being answered while you’re

As the dialogue about overcoming implicit bias and workplace inequity gets louder in other industries, I’m taking a closer look at the state of unconscious bias in the legal industry to better understand how we can eliminate these biases in our profession. Joining me for this conversation is Erin Gerstenzang, Atlanta criminal defense attorney and advocate for the advancement of women in the law.    Erin and I explore how unconscious bias presents itself in law firms and other workplace settings and what we, as lawyers, can be doing to become better allies and help eliminate workplace inequalities. What We Discuss in This Episode: What is the value of having conversations about race, gender, and religion inequality? How can we create safe spaces to have these important conversations? There’s power in being an ally, so how can you become a stronger ally for others? Why is it important to “call someone in” as opposed to “call them out”? The first step to eliminating bias is to acknowledge it How does unconsciou

Do you ever think about your competition? As much as we'd all like to think we're not interested in checking out the competition, we can’t help but wonder if someone else in a similar space as us might be coming for our clients and market share. That’s normal. In this episode, I share my thoughts on what you can be doing to better handle a competitor who might affect your business in some way. What I Share in This Episode: why you should just keep doing what you’re doing Don’t change your strategy simply because you noticed your competition had a specific strategy that seems to be working If you’re going to emulate something your competition is doing, always check to make sure it’s ethical first Why it’s important to check your state’s ethics rules when implementing a new strategy in your practice Why your approach to business development and marketing is different than your competitions’ so don’t try to act like anyone else If you witness your competitor committing an ethical violation, do you have a duty t

As your firm grows and expands, what type of ethics issues might you encounter during this time of change? From effective waivers during mergers to managing client relationships, my guest Jessica Beckwith joins me to share her insight on how solo and small firms can grow and expand ethically. Jessica is a partner in the Los Angeles and Phoenix offices of Lewis Brisbois and a member of the Real Estate & Environmental Practice as well as the Professional Liability Practice. Her practice is focused on environmental law and attorney regulation and ethics.  What We Discuss in this Episode: Why are there so few ethics attorneys given the amount of lawyers there are in the U.S.? What types of conflicts do big law firms encounter? As a small firm begins to grow, what should the lawyer-owner pay attention to? How effective is your firm’s waiver? Is it complete enough? When it comes to disclosures and conflicts of interests, what type of information must be disclosed? What two ethics rules govern imputation? Multi

As the year winds down, it’s common for many us lawyers to look back on the year and feel discouraged by all that we thought we would accomplish but didn’t. While it’s important to focus on what you did accomplish, admittedly, it can be overwhelming to reflect on all that is left to do. In this episode, I get a little personal and share how I was able to overcome some of the obstacles I encountered this year when it came to completing tasks. What I Share in this Episode: How you can best keep track of all the ethics rules changes that took effect in 2018 Patrick Palace’s town hall meetings and how they're moving the profession forward Erin Gerstenzang’s data-driven ethics project What is California’s Legal Tech Task force meant to accomplish? The one thing I accomplished this weekend that was a total game changer for my practice The amazing feeling of finally completing a task that has been on your To Do list for a long time Why getting things done might be simpler than you expected Resources Mentioned: The

Although it is relatively new, the cannabis industry is already seeing a boom in startups and businesses looking to capitalize on this new-found legalization (in certain states). With this growth comes a wave of lawyers looking to build name recognition in this niche practice area.  In order to grow a successful cannabis law practice, it’s important to understand the legal and ethical issues associated with practicing cannabis law.  Joining me to share his experience and insight as a cannabis lawyer is Jason Beahm. Jason is a criminal defense attorney with several offices across California.   What We Discuss in This Episode: What is cannabis law and how can you, as a lawyer, break into that practice area? How to deal with the stigma associated with working in this industry? What affect have recent changes in cannabis law had on other sectors like finance? Should lawyers be able to advise clients on violations of law? How can lawyers walk the fine line between state and federal law if there is disharmony betw

As 2018 comes to a close, I thought it would be fun and useful to discuss some things you can be doing right now to end the year on a high note and best prepare yourself and your law practice for the new year.   Some things to do at the end of the year: Review your state’s ethics rules Check your local major bar association's opinions or articles regarding new state ethics rules and proposed opinions Pay attention to even the smallest of changes in the ethics rules because they could have a profound effect when put into practice Audit your law practice’s weaknesses because those might be ethical problems Ask yourself what you want 2019 to look like? Set your goals for the year, and don’t forget to dream big! Remember to reflect on the year that was and celebrate your wins Resources Mentioned: The Benefits of Preemptively Auditing Your Law Practice Management with Jared Correi episode Growing Your Practice Through Digital Information Products with Jess Birken episode Thank you for listening! Don’t forget to

Following our presentation at Clio Conference, my co-presenter, Jess Birken, and I sat down to reflect on our discussion of our presentation topic  - growing your practice through digital information products. Whether it’s for additional income or to increase access to justice, there are many reasons to consider creating digital products. We discuss what lawyers should be aware of before they embark on the journey of creating their own products. Jess Birken is the owner of Birken Law and she helps non-profits with their legal matters.   What We Discuss in This Episode: What are digital information products and how are lawyers using them in their practices? Jess's digital product and how it’s helping her clients How is Jess monetizing her online course? My California specific digital product How narrow or broad can your digital product be? What ethical implications are involved in creating digital products? The importance of understanding where customers are in their journey How much time and work goes into c

For many lawyers, making the decision to take on a new client doesn’t require much thought. After all, all paying clients are great clients, right? Not necessarily. There are a number of reasons why you should want to be selective when weeding through leads and potential new clients. In this episode, I share stories and insight on how to spot trouble clients from a mile away and what to do to best protect yourself against possible future bar complaints.  What I Cover in This Episode: No client is ever worth committing an ethical violation over  How to handle a client who refuses to follow your advice How to best manage client expectations in order to avoid future confusion If a client doesn’t return your calls or respond to your emails, that’s not a good sign Importance of setting your priorities and rejecting work if you’re too busy already Who is the best type of client to fire? Set your criteria as to the questions you’re going to ask to determine if a potential client is one you want to represent What si

When you’re overwhelmed with work and the paperwork on your desk keeps piling up, that’s usually a good indication that you need help! Being busy is certainly better than the alternative when you’re running your law practice but in order to be the most effective and competent attorney you can be, you need help. That’s where outsourcing and delegation come into play.  My guest today is Kristin Tyler. Kristin is the Co-Founder of LAWCLERK, a service that helps attorneys hire freelance lawyers to assist with various projects. LAWCLERK provides a “win/win” scenario for busy lawyers who can match up with freelancing legal professionals who need extra work. What You Will Learn in This Episode: What LAWCLERK is and what services they provide How this service helps alleviate the overwhelm for many lawyers What LAWCLERK’s process is for matching lawyers with freelancers How LAWCLERK remains ethically compliant The two states where lawyers can’t use LAWCLERK What does using LAWCLERK mean for the solo attorney? What st

They say your “network is your net worth.” This is especially true in the legal profession. Surrounding yourself with the right people and building your network can prove to be crucial to your success and career longevity. It’s important, then, for lawyers to get outside of their offices and meet others. But what’s the best way to approach network building? I share my insight on how and why it’s important to meet new colleagues and surround yourself with the right people. What You’ll Learn in this Episode: Why it’s important to know your “competition” Can networking help you meet other lawyers who can act as your “backup attorneys”? Find people you can brainstorm and mastermind with about your business Can you face a malpractice claim if you don’t competently handle a client matter? How can expanding your network help with this? Where should you get started with building your network? Bar associations, volunteer work, and conferences are great places to begin How to set the social awkwardness aside How to us