Lawyers Gone Ethical

Wrapping Up 2020 [LGE 134] Dec 29, 2020

We can't end 2020 the way we end most years, with improving office organization and reviewing fee agreements. Rather, this is a year to end with a focus on being kind to ourselves, setting new types of goals, and thinking about intentionally designing the coming year. In this episode, Megan highlights her article recently published on Attorney at Work on what items should be on our year-end checklist. 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Responding to Chapter 6 Notices: California Bar Exam [LGE 133] Dec 21, 2020

Thousands of California online bar exam takers were flagged for review, and an untold number of them have received Chapter 6 notices. A Chapter 6 notice essentially accuses the applicant of cheating on the exam. Megan has put together resources to help applicants respond.

Resources Mentioned: Dropbox folder I put together with resources

Petition to Sign (no monetary donations, please)

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Clio's Annual Legal Trends Report with George Psiharis [LGE 132] Dec 08, 2020

George Psiharis joins Megan to talk about the Clio Legal Trends report for 2020, the ongoing release of new information, and how Covid has impacted this important project.

Resources Mentioned:

Clio Legal Trends Report

Clio Covid Impact Report

Guest Info:

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Intersection of Ethics and the Business of Law [LGE 131] Nov 03, 2020

Professor Cat Moon teaches a fantastic class at Vanderbilt Law School called Law as a Business. Megan was honored to be one of the guest speakers recently, and she focused part of her talk on the question, "What is the connection between ethics and the business of law?" This episode answers that question, focusing in large part on the consequences of making ethical errors and also touching on the good business of being ethical.

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

3 Things Young Lawyers Should Know about Ethics & Careers [LGE 130] Oct 27, 2020

Professor Cat Moon teaches a fantastic class at Vanderbilt Law School called Law as a Business. Megan was honored to be one of the guest speakers recently, and she focused part of her talk on the question, "What should young lawyers know about ethics and a successful career?" This episode answers that question with three specific things Megan thinks are important.

1. Appreciate the importance of the rules 2. Don't assume those above you know more than you do about the ethics rules 3. Just because everyone else is doing it does not mean it is ok

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Breaking Screen Addiction For Mental Health [LGE 129] Oct 13, 2020

Screen addiction impacts most of us, and there's little doubt it has a negative impact. Overuse of screens leads to anxiety, depression, decreased productivity, and more. Its impact is also clear in children. It turns out, it's not entirely our fault that we are so hooked. Apps accessed on screens give us dopamine hits that keep us coming back for more. In this episode, Megan talks about how we get hooked on screens and strategizes what we can do about it. She also shares her recent experience of pulling the plug on the kids cold turkey.

Resources Mentioned:

Dopamine Detox - video on how to beat screen addiction: https://www.youtube.com/watch?v=9QiE-M1LrZk

http://sitn.hms.harvard.edu/flash/2018/dopamine-smartphones-battle-time/ https://www.healthline.com/health/mental-health/cell-phone-addiction#how-to-break-the-addiction https://www.webwatcher.com/blog/why-are-kids-addicted-to-smartphones-dopamine-surges/ https://www.businessinsider.com/what-your-smartphone-is-doing-to-your-brain-and-it-isnt-good-2018-3 https://www.youtube.com/watch?v=OEpogM_fxsQ https://www.youtube.com/watch?v=ZY2zzN3cTUQ https://vimeo.com/199064418 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Why Admissions Questions on Mental Health Matter to Us All [LGE 128] Sep 22, 2020

We know the profession has a mental health crisis. We have serious concerns about bars asking applicants about their mental health. But do we really understand the position these questions can put an applicant in?

In this episode, Megan discusses and (in a first on this show) reads out loud the US District Court for the Western District of Kentucky's decision in Doe v. Supreme Court of Kentucky. Doe applied for licensure after seeking mental health treatment, and Kentucky "put her through the ringer", eventually admitting her 994 days after she applied. Then she sued for how she had been treated - and was dismissed from court, largely on standing grounds. This episode highlights why all lawyers should care about what is happening int he admissions process, and Megan urges everyone to get involved.

Resources Mentioned: Lawyers Gone Ethical with Jordan Couch on the Bar Exam

Jordan Couch's analysis of the efficacy of the bar exam

Court opinion

Article about this case

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Slowing Down Incoming Business - Why and How [LGE 127] Sep 08, 2020

A large number of ethics complaints begin with lawyers taking on more work than they can handle, leading them to miss deadlines, fail to be responsive to clients, and otherwise drop the ball. A booming business seems like a good thing, but too much of a good thing can cause severe problems. In this episode, Megan talks long-term solutions like hiring help, and short-term relief measures like pausing ad campaigns, reducing availability for new consultations, and learning to say no.

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Building a Niche Law Practice with Lyndosha Jamison [LGE 126] Sep 01, 2020

A niche, or narrow, law practice might sound risky, but it's actually a fantastic way to build a rewarding practice. Lyndosha Jamison has created a niche for herself that is exciting professionally and financially successful. Join Megan as she interviews Lyndosha to learn how.

Lyndosha Jamison and Megan presented at ABA TECHSHOW in Chicago in February 2020 on the topic of building a niche law practice. The session was so popular it spawned a repeat performance for the ABA's Best of Techshow series, and there is even an upcoming book in the works. Megan and Lyndosha talk in this episode about the practice Lyndosha built and niche practices generally, dispelling myths stoking the fear of specializing.

Guest Info: Lyndosha Jamison's Website

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Disclosing Criminal Conduct on Moral Character Applications [LGE 125] Aug 18, 2020

First, it sounds like the Florida Bar might be listening to this podcast. (Jut kidding, of course.) It issued a proposed advisory opinion allowing out of state lawyers to practice remotely from Florida without UPL repercussions. Read more about solving the "butt in seat" problem here.

Second, applicants to the bar who have any criminal history at all are faced with lots of wrinkles in disclosing their conduct to moral character committees. Megan runs through some scenarios displaying this complexity and gives some guidance on how to handle them.

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Military Spouses and More: How to Move Without a Bar Exam [LGE 124] Aug 11, 2020

There are lots of reasons for lawyers to move from state to state, but when a bar exam gets in the way, it turns into a real pain. Whether you're a military spouse, an in-house lawyer, cultivating a Federal practice, or lucky enough to get reciprocity, Megan talks about how you can move and still practice law. (In this older Attorney at Work article, Megan talked about ways to move without taking an exam.) 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

From Addiction and Disbarment to Law School Professorship with Kenneth Lawson [LGE 123] Jul 28, 2020

Note: This is a replay of our most popular episode - Episode 28

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”
His adoption and how he tracked down his biological mother
When he first realized he was addicted and how the addiction escalated
What led him to attend his first Alcoholics Anonymous meeting
How he handled a public disbarment
Why going to prison might have been the wakeup call he needed
How he secured his current professor position with the University of Hawaii
The lesson he has learned about forgiving others and letting go of anger

Resources Mentioned:

If you’re licensed as an attorney in California and need addiction help and services, here are several resources for you.

The Other Bar

The Recovery Village

Hazelden

ABA Lawyer Assistance

A resource for rebuilding your finances after rehab

ABA Journal article about Kenneth and the road to redemption for disbarred lawyers

Guest Info:

Klawson3@hawaii.edu

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Enduring 2020 Bar Exam Uncertainty [LGE 122] Jul 21, 2020

The bar exam has gone from traditional end-of-July ritual to a jungle of uncertainty, constantly changing dates and conditions, and total chaos for everyone who intended to take the exam and start their legal career this summer. In an episode geared specifically to those in this situation, Megan talks about some strategies for staying in the know without getting overwhelmed, changing career course if needed, and maintaining perspective.

Resources Mentioned: July 2020 Bar Exam Status by State Chart

California Bar Exam Letter

Lawyers Gone Ethical Episode on Diploma Privilege

Lawyers Gone Ethical Episode on Taking a Mental Health Day 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

5 Things To Prepare For Running a Law Firm from Home with Kids [LGE 121] Jul 14, 2020

Many families will have the kids home this fall, whether by choice or school policies. If you're going to be running your law firm from home in the presence of homeschooled kids, Megan has come up with five things you (and she) can do now to prepare for a smoother road and ethical law practice ahead.

Schedule (honestly)
Get help
Plan breaks
Plan your finances
Organize space

And the 8 year old adds a bonus 6th!

Resources Mentioned:

Funny video - What day is it? 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Diploma Privilege in Lieu of Bar Exam in 2020 with Jordan Couch [LGE 120] Jul 07, 2020

Bar exams are a rite of passage for attorneys graduating from law school and being sworn in to practice law. But what if the bar exam is not feasible, such as during COVID-19? And what if the bar exam has an incredibly racist history that calls it further into question? And what if there is no empirical evidence that the bar exam has any correlation to an individual's ability to effectively practice law? Jordan Couch is the Chair of the Washington Young Lawyers Committee, and he has been taking up the laboring oar on diploma privilege, gathering data and writing to advocate for more state bars to grant graduates the right to practice. Jordan sat down with Megan to discuss this pressing issue and its many ramifications.

Resources Mentioned: Jordan's letter regarding diploma privilege

Article on history of bar exam

CA bar statistics with race breakdown

Some info from the LSAC bar passage study

A more modern article about race and the bar exam

More on the history of diploma privilege

Guest Info:

Jordan Couch on Instagram, LinkedIn, Twitter

Jordan’s Email: jordan@palacelaw.com

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Will Hiring an Ethics Lawyer Hurt Me? [LGE 119] Jun 30, 2020

In two contexts, lawyers and bar applicants worry about hiring an ethics lawyer. In moral character applications, applicants are often concerned that having a lawyer involved makes it look like they are hiding something. In discipline matters, lawyers express concern that hiring counsel makes them look like they committed misconduct. In truth, having a lawyer's expertise far outweighs any image of guilt that may be created by hiring counsel. In this episode, Megan unpacks the question of "will hiring an ethics lawyer hurt me?" in both the moral character application and discipline contexts.

Resources Mentioned: Bernard Nomberg YouTube Video

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Burning Questions on IOLTAs [LGE 118] Jun 23, 2020

We've been scouring the internet to figure out what lawyers are asking about, and it turns out IOLTAs are a hot topic. In this episode, Megan answers some burning questions about IOLTAs, including:

Can a firm have an IOLTA?
Can a lawyer have more than one IOLTA?
Can an IOLTA be used to send and receive wires?
How does an attorney handle a check made out to their IOLTA and the client jointly?

She also answers our first listener audio question about reviews and donating to charity.

Resources Mentioned: Article Megan mentioned referencing ethics opinions in multiple states 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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Take a Mental Health Day [LGE 117] Jun 16, 2020

Mental health is tough to tend to, especially as solo and small firm lawyers make a ton of excuses why we cannot be out for even one day. So how do we take a day off that leaves us actually inspired to go back to work and not more stressed than when we left the office? In this episode, Megan shares her story of a recent day off that shed light on some "how to" ideas for taking a mental health day. To read her full story of the day off, visit Attorney at Work for her upcoming article.

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

File Destruction Policies [LGE 116] Jun 09, 2020

Good policies and procedures make a law office run ethically, but file destruction is one where a lot of lawyers have questions. How long should we keep files? When does the time period begin to run? How do I let my client know? In this episode, Megan explores these questions and promotes some best practices.

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 This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

New Ethics Guidance & Supervising Remote Lawyers [LGE 115] Jun 02, 2020

As teams disperse to remote work environments, the lawyer's duty to supervise takes on new wrinkles. Pennsylvania issued an ethics opinion to help guide us; it brings together past ethics opinions and adds details for today's new world. Kristin Tyler of LawClerk knows plenty about working remotely and supervising remote teams, since the business model relies upon a decentralized workforce. She joins Megan to talk about Pennsylvania's opinion and key issues for remote teams. Topics include:

- Making sure remote workers abide by confidentiality duties

- Asking your remote team questions you would normally not, such as the identity of roommates, the physical setup at home, and their network password security

- Moving ahead, how law firm work will change

- Civility in the profession, today and as we go forward

For the Pennsylvania opinion, go to https://www.lawsitesblog.com/wp-content/uploads/sites/509/2020/04/PBA-Formal-Opinion-2020-300-Ethical-Considerations-for-Attorneys-Working-Remotely.pdf

Guest Info:

LawClerk website

LawClerk on Twitter

Kristin on 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 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

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Bringing Interns to the Team with Erik Pelton [LGE 114] May 26, 2020

We typically think of team-building as bringing on full-time or infinite-duration members, but this mindset overlooks a great source of shorter-term talent. Law student interns can be great additions to your solo or small practice, and they give you an opportunity to streamline your processes while you give back. In this episode, Megan sits down with Erik Pelton, trademark attorney in Falls Church, Virginia, who shares his insights on hiring law student interns for his boutique practice. They talk benefits for both law firm and intern, and how to go about getting started hiring interns.

Guest Info:

Erik Pelton's Website

Erik's Book - Building a Bold Brand

Erik 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 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

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Reigniting Productivity in COVID-19 [LGE 113] May 19, 2020

Even the United States Supreme Court has had to adapt to working remotely during COVID-19. Still, long-term lockdown (plus further uncertainty with kids ending school and some businesses reopening) can really suck the productivity out of us. In this episode, Megan explores some tips for getting back to business during these uncertain times. Highlights include:

- Changing up the routine

- Revisiting your early quarantine plans

- Checking out available resources

- Grasping a realistic view of your firm's current situation

- Virtual conferences

- Getting organized

- Planning for the future

Resources Mentioned:

The Flush Heard Around the World

Lawyer Forward Virtual Conference

Rocket Matter's Virtual Conference

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

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

New Ways of Lawyering: Subscriptions and New Business Models with Jon Tobin [LGE 112] May 12, 2020

The king of subscription legal service, Jon Tobin, sat down with Megan in the midst of COVID-19 to talk about how lawyers can evolve in the way they offer legal services. Subscriptions are of course a major way we can change our offerings, and Jon has a lot to say about how it works, why it works, and how the ethics rules impact but do not stymie the offering.

Guest Info:

Jon Tobin's Website

Jon Tobin on 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 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:

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Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Ethics of Virtual Consultations [LGE 111] May 05, 2020

Stemming from her popular post on Attorney at Work, Megan tackles the ethical considerations for attorneys handling consultations, particularly initial consultations, virtually. Highlights include:

- Ensuring video and phone communications are confidential

- Careful sharing of client confidential documents

- Conflicts checks

- Terms of your consultations, and what clients can expect

Resources Mentioned:

Attorney at Work Article

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:

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Facebook

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Impending Judicial Logjam and How Lawyers, Courts, and A2J Will Be Impacted with John Grant [LGE 110] Apr 28, 2020

Megan is joined by John Grant, who lends his systems background to lawyers looking to streamline their law practices with better processes and procedures. In this episode, he and Megan explore the impending massive backlog of cases in the justice system, what lawyers and courts will face when the country reopens after coronavirus, and what lawyers will need to do to prepare to serve clients in a post-COVID-19 world.

Guest Info:

John Grant's Website

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Crisis Marketing During COVID-19 with Ollie Lash [LGE 109] Apr 21, 2020

Let's talk marketing -- the usual and the highly unusual in a time of worldwide crisis. Ollie Lash-Williams has a background in public relations, and he joins Megan to discuss the enormous worldwide crisis of the day, coronavirus.

Guest Info:

Ollie Lash-Williams on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Rural Business Development and Service with Chris White [LGE 108] Apr 14, 2020

Building a rural law practice in 2020 is much different than it would have been 20 years ago. Chris White, the Managing Partner of White Law Office in rural Ohio, knows a thing or two about it. Turns out that rural practice building has its unique challenges, but excellent customer service is a key component. In this episode, Megan and Chris also touch on how the coronavirus is impacting business development for all law firms, rural and urban.

Guest Info:

Chris's Website

White Law Office on Facebook

Chris White on Twitter

Resources Mentioned:

LGE 99 - Disappearance of Rural Lawyers with Mark Palmer

LGE 65 - Four Seasons Customer Service for Lawyers with John Strohmeyer

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Work From Home Fails and Tips for Doing It Right [LGE 107] Apr 07, 2020

Senator Tammy Duckworth tweeted that she spoke to her child while working from home unmuted on a call to the Democratic Caucus. If the Illinois Senator can reveal some authenticity about the challenges from working from home, why don't we all drop the act and get real? In this episode, Megan shares some of her favorite work from home fails, both from online and her real life.

Megan also shares her five tips from her monthly newsletter (sign up here) for making working from home a success - especially from an ethics viewpoint.

- Be accessible

- Get on email update lists

- Watch what you're showing on video

- Try to keep your habits

- Keep sane

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Lawyers Navigating Coronavirus: It Is Going to Be Okay with Mike Whelan [LGE 106] Mar 31, 2020

The coronavirus has thrown how lawyers work into absolute disarray. Brick and mortar lawyers with onsite servers are lost; even remote lawyers are struggling as families are home and routines are thrown off. In this episode, Megan and her guest Mike Whelan talk disasters, law practice, and why despite today's craziness, the truth is, it really is going to be okay.

Mike shares his personal stories of crisis (including medical issues, a hurricane, and a house fire) and how he has come through them all. He shares with our audience advice for staying sane and gaining perspective.

Resources Mentioned:

Mike's Book: Lawyer Forward

Lawyer Forward Facebook Group

Research Paper: What Makes Lawyers Happy?

Guest Info:

Mike Whelan on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Start Your Solo Practice and Scale it at the Right Time with Davis Nguyen [LGE 105] Mar 24, 2020

Are you interested in learning how to start your own solo practice? Your driving fear may be "I'm not going to have any clients." When a lawyer sets out on their own, the fear of having no clients is real. "If you build it, they will come," does not necessarily work in law practice. But Davis Nguyen has some ideas on what three things every law practice needs to bring in those initial clients. Then, once your solo firm is growing at a healthy pace, at some point your workload will exceed your capacity as a solo. Davis shares with us strategies for scaling once that point is reached.

Resources Mentioned:

Lawyers Gone Ethical Episode 82 - One Year of Virtual Assistance

Guest Info:

Davis Nguyen's company - My Consulting Offer

Davis's Website

Davis on LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Saying No to a Potential Client: How to Ethically Turn Away Business [LGE 104] Mar 17, 2020

Clients and lawyers should work well together. It makes for a smoother relationship, better work product, and better outcomes. It also reduces the risk of ethics violations and Bar complaints. As a lawyer, you must get comfortable with the idea that you will turn some clients away, and you must have systems in place to make sure you do so properly.

In this episode Megan discusses the reasons for turning clients away, how to do it (sometimes without even knowing you are), and what documentation to retain to protect yourself if a non-client later makes a complaint against you.

Resources Mentioned:

Book Megan mentioned - Radical Candor

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Law Practice in the Coming Age of Autonomous Vehicles with Damien Riehl [LGE 103] Mar 10, 2020

Autonomous vehicles sound like Knight Rider's Kit, but they are in real development for use on the roads -- and to some extent, they are already here. In this episode, Megan is joined by Damien Riehl, legal technologist, Managing Director of Fastcase Legal Research Platform, and member of Minnesota's Governor's Council on Connected and Automated Vehicles. They talk about what autonomous vehicles are, what we can expect to see in development, and what their rise means for practice areas including personal injury and products liability.

Resources Mentioned:

Damien's Article on Autonomous Vehicles

Guest Info:

Damien on LinkedIn

Damien on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

ABA TECHSHOW 2020 Wrap Up [LGE 102] Mar 03, 2020

Megan reports on ABA TECHSHOW 2020

Resources Mentioned:

TECHSHOW Site

Erin Levine of Hello Divorce on Twitter

Jess Birken on Twitter

Jayne Reardon on Twitter

Clio

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Trust Accounting For Lawyers with a Trusted Bookkeeper with Annette Fadness [LGE 101] Feb 25, 2020

Mistakes in handling funds entrusted to lawyers account for a large percentage of bar complaints and prosecutions. Most lawyers realize that mishandling their trust account can lead to big trouble, but many still struggle to do it right. At Clio Con 2019, bookkeeper to the solos and smalls of the country Annette Fadness sat down with Megan to talk about what can go wrong with trust accounting, how to avoid many common mistakes, and why professional help can be a really good idea.

Resources Mentioned:

Guest Info:

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Dispelling Myths About the Attorney Discipline System [LGE 100] Feb 18, 2020

We have made it to 100 episodes, which is so exciting! Megan is so grateful to her listeners, guests, and production team.

Many lawyers have misconceptions about the attorney discipline process. On this special episode, Megan dispels three big myths:

1. Attorneys can only suffer attorney discipline for lawyer conduct.

2. The attorney discipline process is fair.

3. The State Bar exists for lawyers.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Disappearance of Rural Lawyers with Mark Palmer [LGE 099] Feb 11, 2020

Mark Palmer, Chief Counsel in the Illinois Supreme Court Commission on Professionalism (also known as 2Civility), sat down with Megan at Clio Con 2019 to talk about the disappearing rural lawyer. We know that there is a massive access to justice problem, but one aspect of this problem we do not hear so much about is the shortage of lawyers in rural areas of the country. There are large geographic expanses with zero or only a handful of lawyers. Mark and Megan talk about the problem and what is being done to address it.

Resources Mentioned:

Lawyers Gone Ethical episode with Jayne Reardon also from 2Civility

Guest Info:

Mark Palmer - Twitter and LinkedIn

2 Civility - website, Twitter, Instagram, LinkedIn and Facebook

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Importance of Law Firm Culture with Jordan Couch [LGE 098] Feb 04, 2020

What is a law firm’s culture? It does not have to be any one thing, any stereotype, or inspired by a movie. Every firm has a culture, even if it has not been consciously identified and cultivated. In this episode, Megan talks with Jordan Couch at Clio Con 2019 about his role as Cultural Ambassador at Palace Law, what it means to have an intentional law firm culture, and how to bring your firm’s values to light.

Guest Info:

Jordan Couch on Instagram, LinkedIn, Twitter

Jordan's Email: jordan@palacelaw.com

Palace Paw on Instagram

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Authenticity in Lawyering with Shreya Ley [LGE 097] Jan 28, 2020

Lawyers often hide their real selves behind their lawyer personas, but Shreya Ley and her husband Colin have built their practice largely on the premise that the shield can be dropped and we can be our real selves at work, in marketing, and with clients. At Clio Con 2019, they presented together on this topic, and Shreya visited with Megan to talk about what it means to be authentic in lawyering, how to take the perceived risk of letting your guard down, and the incredible payoffs.

Resources Mentioned:

Shreya and Colin's Podcast - The Lawyer Human Show

Guest Info:

Shreya Ley on Twitter

Shreya's Email - shreya@layroots.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

DUI Roadmaps: Digital Products for Lawyers with Erin Gerstenzang [LGE 096] Jan 21, 2020

Consumer-facing digital legal products assist self-represented consumers, but lawyers need education and guidance too. Frequent guest and contributor Erin Gerstenzang is an accomplished trial lawyer, and in this episode she and Megan talk digital legal products designed to train other lawyers on specialized areas. Erin has recently launched DUI Roadmaps, which is an online course and tool for DUI lawyers around the country to prepare for trial. She and Megan talk about how providing expertise to other lawyers is a niche that is frequently overlooked.

Resources Mentioned:

DUI Roadmaps

Guest Info:

Erin Gerstenzang - Website and Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Super Powered Admins for Lawyers with Lori Gonzalez [LGE095] Jan 14, 2020

Lori Gonzalez, founder of Rayna Corp., knows more than a thing or two about supporting lawyers. Her business’s purpose is to bring admin superpowers to law firms around the country. At Clio Con 2019, Lori spoke about utilizing administrative superpowers to make your practice better. In this episode, she visited with Megan to talk about her presentation and what a super powered admin can do for any solo or small firm lawyer.

Resources Mentioned:

Lori on Lawyers Gone Ethical Episode 26

Clio Legal Trends Report

CaseMail – digital mailing service

Guest Info:

Lori Gonzalez - Twitter

Rayna Corp

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

2020 Service Planning with John Strohmeyer [LGE 094] Jan 07, 2020

It is quite clear that lawyers could use some work on client service. In our last episode, we talked about the Clio Legal Trends Report, which made that abundantly clear. In this episode, Megan sits down at Clio Con 2019 with John Strohmeyer to talk about how lawyers can plan to better serve clients in 2020.

Resources Mentioned:

Lawyers Gone Ethical Episode 65

Five Star Counsel

Guest Info:

John Strohmeyer – Website and LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Using Data to Plan 2020 with Clio's George Psiharis [LGE 093] Dec 31, 2019

Lawyers as a profession are pretty bad about using data, but it is extremely powerful. Clio recognizes this fact and creates the Legal Trends Report each year to highlight trends in the profession. This year’s report had some interesting insights, some of which confirm what lawyers already believe and some which challenge our beliefs. The report’s chief architect, George Psiharis, visited with Megan at Clio Con 2019 to talk about it.

Resources Mentioned:

Clio's 2019 Legal Trends Report

Guest Info:

George Psiharis on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Merry Automated Christmas! [LGE 092] Dec 24, 2019

Automation can make a practice run much more smoothly, giving you peace of mind, fewer errors, and fewer hours of work. In this Christmas episode, Megan runs through some ideas for how you can introduce automation to your practice.

Resources Mentioned:

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Advocacy in the Public Forum with Ruby Powers [LGE 091] Dec 17, 2019

Immigration lawyer and Congressional candidate Ruby Powers talks about using the power of the public forum in advocating for clients.

Guest Info:

Ruby Powers:

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Emotional Lawyering with Erin and Jennifer Gerstenzang [LGE 090] Dec 10, 2019

"Emotional Lawyering" - Should lawyers think more critically about responding to their client's pain points and focusing on their emotional needs and how do you do it?

How Erin Levine has built Hello Divorce by identifying and meeting clients' emotional needs
How to identify and handle clients who want that hand-holding versus those who do not
Can you care too much? Secondary post-traumatic disorder for lawyers

Guest Info:

Guest Host Erin Gerstenzang – Website and Twitter

Jennifer Gerstenzang - Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

What Can I Do With a Law Degree? with Nicole Abboud [LGE 089] Dec 03, 2019

Nicole Abboud, known to audiences as the host of the Gen Y Lawyer Podcast, has launched a varied career since graduating from law school. Speaker, podcast host, video personality, blogger, media producer, motivational guru, there are many titles Megan would give her. At Clio Con 2019, Nicole sat down with Megan to talk about her own career and what lawyers who find themselves not loving the practice of law might do with their legal training.

Guest Info:

Abboud Media Website

Nicole's Blog

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Catching up With Mark Britton at Clio Con 2019 [LGE 088] Nov 26, 2019

Megan and Mark Britton sat down at Clio Cloud Conference 2019 to talk about the future of law, legal regulatory changes, what Mark has been up to since leaving Avvo, and what is next for Mark.

Resources Mentioned:

2019 Clio Legal Trends Report

Guest Info:

Mark Britton on LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Grateful for Lawyers: A Thanksgiving Episode [LGE 087] Nov 19, 2019

Thanksgiving is Megan's favorite holiday, and in this special episode she discusses gratitude for lawyers, happy lawyer stories, and why she is grateful for the lawyers in her life.

Resources Mentioned:

Lawyers Gone Ethical Episode 51 with Greg Siskind

Robin Bull on Twitter

Lawyerist Insider Facebook Group

Maximum Lawyer Facebook Group

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National Perspective on Regulatory Reform with Jayne Reardon [LGE 086] Nov 12, 2019

At Clio Con 2019, Jayne Reardon of the Illinois Supreme Court Commission on Professionalism joined Megan to talk about the changing regulatory landscape in the legal profession. Nationally there are changes afoot in many states, and in this conversation they hit on the states leading reform efforts and discuss which reforms are most likely to succeed.

Guest Info:

Jayne Reardon on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Rise of the Unconference with Sean Bernstein [LGE 085] Nov 05, 2019

Megan is joined by Sean Bernstein, organizer of Legal Innovation Summit at Fireside, to talk about that event and others in an unconference format. How can solos benefit from getting out of the usual legal conference setting and into something more interesting and collaborative? How are unconferences structured? Listen in on Sean and Megan and plan your next outing.

Resources Mentioned:

MinuteBox - Sean's Company

Fireside Conference - Sean's Unconference

Legal Innovation Council

Guest Info:

Sean's Email

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Jack Newton at Clio Con 2019 [LGE 084] Oct 29, 2019

There is so much to talk about from Clio Con 2019, including the Legal Trends Report. In this episode, Jack Newton stops by the Lawyers Gone Ethical recording booth.

Resources Mentioned:

Medium Article discussing Clio's History

2019 Legal Trends Report

Guest Info:

Jack Newton - Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Ethically Outsourcing Substantive Legal Work with Talitha Gray Kozlowski [LGE 083] Oct 22, 2019

LAWCLERK was started by three partners who saw a growth market in outsourced substantive legal work. Answers to ethics questions were critical to establishing a marketplace for lawyers seeking lawyer help on their substantive legal work. In this episode, Megan and guest Talitha Gray Kozlowski dive into the ethics issues facing lawyers who need some help on their client files.

Resources Mentioned:

LAWCLERK

Off-Ramps and On-Ramps: Keeping Talented Women on the Road to Success

Guest Info:

LAWCLERK on Twitter

LAWCLERK on Facebook

Shark on the Run on Instagram

Talitha's Email

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

One Year of Virtual Assistance [LGE 082] Oct 15, 2019

Megan was a true solo for a long time, then dabbled in having a bit of close-to-home help. A year ago, she took the leap of hiring a virtual team to help run her practice. After a year, she's learned some important lessons that she shares in this episode. Among them:

- Find the right fit

- Make tough calls when the fit is wrong

- Start small and grow

- Allow people to do what they're best at doing

- The best assistance finds new ways to help you

- Woman up!

Resources Mentioned:

FlexJobs

Hire My Mom

Lawyerist.com

My Original Job Posting

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

JDHD: Practicing Law with ADD and ADHD with Marshall Lichty [LGE 081] Oct 08, 2019

While ADD and ADHD affect 4% of the general population, they impact 12% (or more) of lawyers. Marshall Lichty recently found out he is one of them, and he is on an exploratory mission to learn as much as he can about how lawyers can cope with ADD and ADHD and be successful. He is bringing a message of hope to lawyers struggling with ADD and ADHD, and shares with Megan on this episode coping mechanisms and tools, and also highlights the superpowers that come with ADD and ADHD.

Resources Mentioned:

Intro to ADHD for lawyers email series

The Small Firm Roadmap

ADDitude Mag

Guest Info:

Marshall's Website

Marshall on Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Ethically Savvy Business Travel [LGE 080] Oct 01, 2019

Lawyers travel frequently for business, be it conferences or client work or other professional development. As Megan gets ready to head to the California Lawyers Association annual meeting and the Clio Cloud Conference, she shares some of her tips for remaining ethically compliant while being productive on the road. Topics include:

- Securely using the internet while away from the office

- Where to hold client calls (and where not to)

- Utilizing downtime to move your practice forward

- Making the most of in-person time

Resources Mentioned:

Clio Cloud Conference

California Lawyers Association Annual Meeting

Carolyn Elefant's comments on ATILS

Sign up for my newsletter here

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Taking Risks and SEO with Tommy Griffith [LGE 079] Sep 24, 2019

Lawyers are given a script in law school for how their career is supposed to go. But what can be achieved if we go off-script, and we build innovative work around the life we want to lead? Tommy Griffith took some career risks from college through leaving Airbnb where he led the SEO team, and in this episode, he touches on SEO, and talks risk-taking, recovering from failure, and being rewarded for doing things differently. There are many lessons for solo lawyers!

Resources Mentioned:

The 4-Hour Work Week by Tim Ferris

Failurecamp at Vanderbilt University

ClickMinded - Tommy's Online Digital Marketing Course

Digital Marketing Strategy Guide

SEO Strategy Guide

SEO Checklist

Tommy's Burning the Boats Blog Post

Guest Info:

Tommy Griffith - Twitter

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Get the Most Out of Legal Conferences [LGE 078] Sep 17, 2019

Wisely chosen, legal conferences can be great opportunities for solo and small firm lawyers. Megan's top tips for making the most of your time at a conference include:

- Have a goal going in

- Meet targeted people

- Be open to meeting many new people

- Visit the vendor hall (even if you hate it)

- Go to wellness events

- Go out to the social events

- Choose sessions carefully (and don't be afraid to leave)

- Have fun

- Follow up when you get home

Resources Mentioned:

Clio Con, ABA Techshow, Lawyerist Lab Con

Jess Birken's article on Lawyerist

Thanks for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Law Firm Breakups and Operating Agreements with Jonathan Hawkins [LGE 077] Sep 10, 2019

Lawyer for lawyers and their firms, Jonathan Hawkins, joins Megan in this episode to talk about the business side of law firms. Partnerships and other firms should have operating agreements in place, because without them, the inevitable breakup is ugly and messy. This is a great companion episode to Episode 75 on succession planning with Dylan Hyatt.

Please bear with us on the audio in this episode. Download the transcript here.

Guest Info:

Jonathan's website

Jonathan's email is jhawkins@yourlawfirmgc.com . Be sure to shoot him an email to get a copy of a more in-depth article he wrote on this topic.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Small Firm Roadmap from Lawyerist with Stephanie Everett [LGE076] Sep 03, 2019

Lawyerist is a community of forward-thinking lawyers, and its leadership team has written a book to help lawyers build their own small law firm of the future. In this episode, Megan sits down with co-author Stephanie Everett to talk about the book, why it was written, why change is coming to the legal profession, and how small firm lawyers can use the collective wisdom of Lawyerist to design their own firm that works for them, their clients, and their life.

Resources Mentioned:

Book discussed in this episode: The Small Firm Roadmap: A Survival Guide to the Future of Your Law Practice

Lawyerist Website About the Book

Guest Info:

Stephanie Everett - Email

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Succession Planning for Law Firms with Dylan Hyatt [LGE 075] Aug 27, 2019

Estate planning lawyer Dylan Hyatt joins Megan on this episode to talk about how to protect a solo lawyer's biggest professional asset - their firm. Highlights include:

What happens when a lawyer is suddenly incapacitated with no succession plan in place
Why we need a succession plan, and it's not only for sudden incapacity or retirement
What are the ethics concerns for lawyers without a plan
What lawyers can be doing today, even many years from retirement, to plan for their firm

Guest Info:

Dylan Hyatt - email

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

ATILS: Rule 5.4 Alternative Proposals [LGE 074] Aug 20, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Fighting to Make Law Free with Ed Walters [LGE 073] Aug 13, 2019

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:

How to become a member of the US Supreme Court Bar

Guest Info:

Ed on Twitter

Ed on LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Let's Talk UPL Exceptions Under ATILS Proposals [LGE 072] Aug 06, 2019

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)

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Legal Coaching: Law Firm Service of the Future with Jennifer Gerstenzang [LGE 71] Jul 30, 2019

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

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Non-Lawyer Ownership: Public Comment to California ATILS [LGE 070] Jul 23, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Stop Using Ethics Rules as a Crutch/What's Really Holding You Back with Jess Birken [LGE069] Jul 16, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

California Leading Change - ATILS Public Comment is Coming [LGE 068] Jul 09, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Women Building Law Firms of the Future with Erin Gerstenzang [LGE 067] Jul 02, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Finding Fulfillment Without Leaving the Office [LGE066] Jun 25, 2019

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.

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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.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Four Seasons Customer Service for Lawyers with John Strohmeyer [LGE 065] Jun 18, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

From the Virtual Mailbag [LGE 064] Jun 11, 2019

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!

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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:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Women Mentoring Women with Erin Gerstenzang [LGE 063] Jun 04, 2019

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

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Out-of-the-Box Mental Health Tips [LGE 062] May 28, 2019

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 Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Lawyer-Scientist and Specialized Skills in Law Practice with Lisa Gonzalez [LGE 061] May 21, 2019

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 her current position
Creating protocols and procedures to verify processes and procedures
Learning how to decipher legitimate evidence and asking the right questions about it.
Setting standards within Lawyer Science
The issues with meshing criminal justice and science
Identifying whether a case is standard or requires additional science applications

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.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Lisa's Website

More on the Lawyer-Scientist Designation

Lisa on Instagram

The Stephen Colbert Video Lisa Talked About

State Bar Probation: Managing Without Violation [LGE 060] May 14, 2019

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 probation
The repercussions of failing to fulfill your probation obligations
Anticipating potential pitfalls of Bar probation

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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Managing Your Online Reputation: From Poor Reviews to Bad Press + Everything in Between with Jordan Schuetzle [LGE 59] May 07, 2019

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 reviews
Fake reviews and how they can affect you
Responding to negative reviews
Resolving issues offline

Hoping this podcast stirs up some more discussion, 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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Connect with Jordan:

Jordan on Twitter: @Jordanschuetzle

Thomson Reuters Website

Getting Paid Ethically [LGE 058] Apr 30, 2019

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Links to Resources:

Billing and Getting Paid Ethically How Law Firms Are Getting Paid in 2019 How Lawyers Get Paid Faster

Nurturing Your Social Media Presence to Avoid Ethics Issues with Erin Gerstenzang [LGE 057] Apr 23, 2019

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
Being sociable and likable online
How to be interesting and relatable to others
Why you should engage with positive media
How to attract clients that value the same things you do
Advertising your strengths
Giving people options and explaining the process
Where to get beautiful images you can use
How to properly use hashtags
Avoiding violating ethics
Giving clients the opportunity of informed consent
Staying away from misrepresentation

Connect with Erin:

Twitter: @EHGLawFirm

Erin's Website

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Oops! I Made a Mistake: When Ethics Rules Require Notifying the Client [LGE 056] Apr 16, 2019

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 information such as firewalls
Lawyers are encouraged to adopt and follow both paper and electronic document retention schedules
The disclosure must be sufficient to provide enough information for the client to make an informed decision as of what to do next
What kind of mistake require disclosure
Rule 1.4 is for current clients, not former ones
What kind of things are material to the disclosure

Hoping this podcast stirs up some more discussion, 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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The links for the ABA opinions:

Formal Opinion 481 Link

Formal Opinion 483 Link

Tiger Tactics: Advice and Strategies to Survive the Lawyer Jungle [LGE 055] Apr 09, 2019

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 with it
When Megan, our host, met Billie
The importance of community in bringing the 5 authors together
Learning more from failure than from success
Substantively changing your way of doing business
Reaching the public
Systems and ideas that help at work
Why the theme of struggle will never get old but tactics will change over the years

Hoping this podcast stirs up some more discussion, 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.

Demystifying the Moral Character Application Process [LGE 054] Apr 02, 2019

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 what is actually being asked
Disclosing your story/information on the application
Honor code violations
Getting records and the time it takes to get them back
If you need advice get it and get it early on

Hoping this podcast stirs up some more discussion, 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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Lawyers and Wellness: Beyond the Usual Discussion with Jennifer Longtin [LGE053] Mar 26, 2019

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 Highlights:

The spectrum of mental wellness
The types of law that takes on other people’s problems
Special victims prosecutors and how hard their job is
Having walls up in your head to block out certain parts of your day
Serious mental illnesses, and helping the clients get into structured programs
Supporting each other
What we can do with the next generation
It is okay to take a day to yourself if you need it
Out of the box strategies to help with wellness

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Jen Longtin Website

Email: Jen@Jlongtinlaw.com

Intake Methods to Ensure Your Clients are the Best Fit for Your Practice [LGE 052] Mar 19, 2019

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 as referrals
Ask others in your practice area what they think the risk factors are
Other questions to ask on the intake forms to filter out bad clients
It’s important to have in your system what you do not want to take on even if for a personal reason
Have your analysis ready before the clients come in.
Not wanting the case? You need to be clear with yourself and your position.
Referring the client to someone else
Solutions to defuse any frustration with clients

Hoping this podcast stirs up some more discussion, 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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Leveraging Social Media to Help Your Clients with Greg Siskind [LGE 051] Mar 12, 2019

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
Working through issues such as confidentiality and client consent
How the media can be one of the most effective ways to solve a crisis
Dangers of asking clients too soon to post on social media

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Greg Siskind Twitter handle: @gsiskind

Greg Siskind Website

The Ethics of Law Practice Systems and Project Management With John Grant [LGE 050] Feb 26, 2019

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 project management methods improve client-attorney relationships?
Can you effectively and competently represent a client when applying lean methodology?
How value is determined and measured
How your law practice processes evolve the more you test procedures and listen to your clients
Should you utilize a quality control checklist when you’re drafting motions or conducting research and if so, what should be included on the list?

Resources Mentioned:

** UPDATED MARCH 2019 – John Grant’s Agile Productivity for Legal Professionals course is now available at https://agile.legal/p/agile-productivity-for-legal/?product_id=1062770.

Drive by Daniel Pink

ABA Rules of Professional Conduct Rules 1.1-1.5

The Lean Startup by Eric Ries

Toward an Anthropological Theory of Value by David Graeber

Billie Tarascio - The Lawyerist Podcast interview

Oregon State Bar PLF (Professional Liability Fund)

Kaizan

John’s webinar

Contact Information

Twitter: https://twitter.com/jegrant3

www.agileattorney.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Self-Representation: When It Works and When It Doesn't [LGE 049] Feb 19, 2019

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 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 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/concerns:

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Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

IOLTA Accounts: Best Practices and Chief Discipline Concerns [LGE 048] Feb 12, 2019

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 are feeling overwhelmed

IOLTA Rules for California Click here

Here's the article I mentioned in the show.

Here's a video that is on point on this topic as well:

https://www.youtube.com/watch?v=VY6cn_51yek

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Set Your Client Relationship Up For Success By Re-evaluating Your Fee Agreements [LGE 47] Feb 05, 2019

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. Terms of payment are clear
- 4. What should happen if you disagree with a client – Fee Arbitrations, Dispute resolutions, and mediation clause
Mediation between the parties that can help with communication
Strongly suggest starting with sample agreements put out by your state
Other important clauses, like the Cooperation clause
Document retention policy – and two things:
- 1. How long a client can expect you to have a copy of everything
- 2. What’s going to happen with the original documents
Modes of communication
Social media release and if it can be in the fee agreement
Feedback and reviews in the fee agreement

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 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/concerns:

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Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Problem with How Lawyers Approach the Client Experience (and How to Fix It) with Jess Birken [LGE 046] Jan 29, 2019

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 interaction with you?
Jess’s experience with a car dealership that exemplifies customer loyalty
How do you map your customer's journey?
Thinking about your customer journey is one thing. Taking action and implementing change is another
Don’t get overwhelmed if you’re just starting out. A small step at a time is the way to go
The importance of asking your clients for feedback

Resources Mentioned:

Jess's YouTube videos on scheduling and delegation

Contact Information:

Jess's website

Find Jess at

Twitter https://twitter.com/JessBirken

Website www.hackyourpractice.lawyer

Jess’ subscription service https://birkenlaw.com/mission-guardian/

Sarah Smerage article https://www.linkedin.com/pulse/how-create-client-journey-map-sarah-smerage/

Our YouTube videos about acuity scheduling for managing intake

Part 1 https://youtu.be/aQj6darUCu4

Part 2 https://youtu.be/fwVXtwVizGw

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Manage the Things that Can Go Wrong (and Right!) During Trial [LGE 045] Jan 22, 2019

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 in trial
Why it’s important to manage your stress levels during trial by taking time for yourself (even though it’s hard)
Always remember to have fun and enjoy the process

Send me your favorite tips to care for yourself during trial!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Addressing and Overcoming Unconscious Bias in the Legal Profession with Erin Gerstenzang [LGE 044] Jan 15, 2019

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 unconscious bias affect decisions that are made about your career when you’re not in the room?
How being the “only” in your office can lead to increased micro-aggression and harassment
What is moral licensing and how does it affect your behavior?
What can lawyers be doing right now to help eliminate unconscious bias in the legal profession?
The importance of proximity in busting biases

Resources Mentioned:

The Visible Hand study

Contact Information:

Twitter: @ehglawfirm

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

What to Do When Your Competition Seems Out to Get You [LGE 043] Jan 08, 2019

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 to report him/her to the state bar?
There is an abundance of potential clients in the world. There’s plenty to go around
What you should consider when you’re thinking about reporting your competition to the state bar
Just think: you must be doing something right if your competition has you in their sights

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Ethics Questions as Your Firm Expands with Jessica Beckwith [LGE 042] Jan 01, 2019

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-jurisdictional practices and what specific issues they entail
If you’re licensed in more than one state, what type of disclosures should you make to your clients?
What to do when there are no ethics rules directly on point with an action you’re hoping to take as you expand?

Resources Mentioned:

Sheppard Mullin’s Undisclosed Conflict case

California's Rules of Professional Conduct 1.10 and 1.8.11

Contact Information:

Lewis Brisbois attorney profile

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Overcome Overwhelm and Get Things Done in the New Year [LGE 041] Dec 19, 2018

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 Maximum Lawyer Podcast

California’s Legal Tech Task Force

If you need recommendations for specific resources, feel free to reach out to me!

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Emerging Opportunities in the Cannabis Law Industry and Related Ethics with Jason Beahm [LGE 040] Dec 11, 2018

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 between the two?
When advising clients, what should you know about accounting and investing?
What does the future hold for this industry?
Will special events organizers be able to apply for permits to allow cannabis on the premises?
How past marijuana convictions will be handled moving forward?

Contact Information:

Jason's website

Twitter: @beahmlaw and @jasonbeahm

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Wrapping Up the End of the Year in a Powerful Way [LGE 039] Dec 04, 2018

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 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/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Growing Your Practice Through Digital Information Products with Jess Birken [LGE 038] Nov 20, 2018

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 creating a product?
What is mindmapping and how can it help distill big ideas into smaller parts?
Keep your approach to your product small. Don’t try to do too much from the get-go. Iterate as you go

Contact Information:

www.hackyourpractice.lawyer/mindmap

www.hackyourpractice.lawyer

Twitter and Instagram: @jessbirken

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Weeding the Client Garden and Avoiding Unnecessary Headaches [LGE 037] Nov 13, 2018

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 signs should you look for when you and the client are discussing fees prior to engagement?
How should you go about substituting yourself out of representing a client? When should you do it?
Why you must withdraw from representation if you find your client’s case is frivolous
If you discover your client has no cause of action(s), what should you do to ensure the statute of limitations doesn’t prohibit the client from seeking representation elsewhere?
What should your disengagement letter include?

Thank you for listening!

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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.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Improve Profits and Lower Expenses By Outsourcing Legal Work with Kristin Tyler [LGE 036] Nov 06, 2018

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 steps are taken to maintain confidentiality and handle conflicts of interest while using the service
How secure LAWCLERK’s technology is
Who are the freelancers using LAWCLERK?
What can and can’t the freelance lawyer do under the guidelines of Law Clerk?
The steps necessary to sign up for the service

Resources Mentioned:

Clio Cloud Conference

LAWCLERK

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Power of Building Your Network and How to Do It Effectively [LGE 035] Oct 30, 2018

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 use online platforms like social media and forums to grow your network

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Ethics Issues in the Development of Innovative Legal Products with Erin Levine [LGE 034] Oct 23, 2018

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 affected Erin’s business’s ability to grow
Has the distinction between companies who offer legal services and those who don’t become meaningless?
Should lawyers have to look for loopholes in the ethics rules in order to develop their intended products/services?
The impact of the inability to accept investment funds
Why you should pay attention to the user experience and customer service as a lawyer
What can we learn from the legal systems of other countries when it comes to outside investment in legal companies?
Are there any changes to the ethics rules on the horizon that might allow for outside investment funding?

Contact Information:

HelloDivorce

Erin's law firm website

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Law Practice Lessons Learned on the Race Course (Live Keynote) [LGE 033] Oct 16, 2018

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 fatigued with your cases, take a break
Age is not an obstacle so being “too young” or “too old” to learn something new should never be an excuse
It is so important to find your tribe!

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Breaking Down the Duty of Technological Competence with Ivy Grey [LGE 032] Oct 09, 2018

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 Model Rules?
Even if you’re delegating work to your staff or junior attorneys, are you still required to be competent?
What are the six basic technological areas that help lawyers perform their work competently?
What are some ethical failings of not understanding the basics of using technology?
Being technologically competent doesn’t require you to code or understand blockchain
The role that understanding the basics of technologies plays in helping you understand the substance of your clients’ cases
If you choose to manually perform work that can be automated, you might be in an ethical grey area, according to the ABA Model Rules 1.5
What Model Rules 5.1 and 5.3 require of you when it comes to ethical supervision and delegation
How does the duty of competence govern your interactions with third party vendors, like website developers?

Resources:

Catherine Reach's LinkedIn

Lex Tech Review

TutorPro

Casey Flaherty Twitter

Casepeer

MyCase

Clio

Legal.intelligentediting.com

Contact Information

Twitter: https://twitter.com/ivybgrey

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

When Your Conduct Outside the Practice of Law Affects Your Bar License [LGE 031] Oct 02, 2018

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 practicing law

Resources Mentioned:

ABA Model Rule 8.4 – Misconduct

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Delivering Bad News to Clients the Ethical Way with Kathleen Havener [LGE 030] Sep 25, 2018

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 client?
How can you explain to your clients the legal process and what effect does that have on clients making better choices?
What is the “Nora” Rule?
How you can prepare your clients for alternative outcomes should they arise?
Learn to take your clients “as they are” when it comes to their understanding of the law but still explain the legal process to them
Never delay or hide bad news from your client

Resources Mentioned:

Kathleen's ABA article on How to Deliver Bad News to Your Client

Other articles written by Kathleen worth exploring

Contact Information:

Kathleen email: kbh@cullenlaw.com

Phone number: (202) 298-4775

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Twitter for Lawyers: Confidentiality, Advertising, and What to Post [LGE 029] Sep 18, 2018

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 content that you’ve created
How do you know if your posts are crossing ethical lines?
Should you make it known that you’re available for employment on this platform?
What can you include in your Twitter profile to shield against potential advertising rules violations?

Resources Mentioned:

Episode 21 with Nick Rishwain

Contact me with future episode topics – megan[at]zaviehlaw[dot]com

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

From Addiction and Disbarment to Law School Professorship with Kenneth Lawson [LGE 028] Sep 11, 2018

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”
His adoption and how he tracked down his biological mother
When he first realized he was addicted and how the addiction escalated
What led him to attend his first Alcoholics Anonymous meeting
How he handled a public disbarment
Why going to prison might have been the wakeup call he needed
How he secured his current professor position with the University of Hawaii
The lesson he has learned about forgiving others and letting go of anger

Resources Mentioned:

If you're licensed as an attorney in California and need addiction help and services, here are several resources for you.

The Other Bar

The Recovery Village

Hazelden

ABA Lawyer Assistance

A resource for rebuilding your finances after rehab

ABA Journal article about Kenneth and the road to redemption for disbarred lawyers

Contact Information:

Klawson3@hawaii.edu

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

10 Tips for New Lawyers Entering the Profession [LGE 027] Sep 04, 2018

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!

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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.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Delegate Effectively with Lori Gonzalez [LGE 026] Aug 28, 2018

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 up the process to find mistakes, not necessarily not making them
What danger do we face for hoarding tasks and not delegating?
What type of relief and freedom results from delegating?
Where to begin with delegation?
After you figure out what tasks should be delegated, you have to figure out what systems to put in place to do those well.
What tools are available?
The importance of establishing systems before you begin delegating

Resources Mentioned:

Clio Legal Trends Report

CaseMail - digital mailing service

Trello

Outsource Easier - Dina Eisenberg

Contact information:

www.Raynacorp.com

Twitter: https://twitter.com/raynacorp

lori@raynacorp.com

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Avoiding Mental Illness Treatment Out of Fear of the Moral Character Application with Margaret Hannon and Katherine Silver Kelly [LGE 025] Aug 21, 2018

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 treatment for mental health issues would discourage them from actually seeking help
Are law students truly fearing the moral character application as they enter law school and progress through?
What are some reasons students list for not receiving treatment?
Seeking help while in law school is a great way to ensure success as a lawyer
There is no predictive correlation between mental health and competency as a lawyer
For many states, fellow lawyers are the ones making the determination of an applicant’s mental fitness
The importance of seeking help even if it’s uncomfortable
The benefits of disclosing mental health concerns
Seeking help from appropriate professionals instead of from other law student s
How is the Department of Justice connected to this discussion of mental health?

Resources Mentioned:

Margaret Hannon's article

Jeena Cho Episode 6

Contact Information:

Margaret Hannon

mchannon@umich.edu

Twitter: https://twitter.com/mch_tweets

Katherine Silver Kelly

Kelly.864@osu.edu

Twitter https://twitter.com/ksilverkelly

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Applying the Essentialist Mindset to Your Law Practice and Life [LGE 024] Aug 14, 2018

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 law that you practice
Try focusing on a practice area that 1) is niched down and 2) makes up the majority of your client work
Why the fear of missing out on work by niching down is an unsupported fear
From an administrative and law practice management perspective, being a solo makes it difficult to juggle all of the tasks you must get through. All the more reason to either hire help or reduce the amount of tasks
What ethical concerns exist when you’re trying to make every aspect of your business and law practice run on your own
How essentialism can help with lawyer burn out by forcing you to ask, “How does this all fit together?”

Resources Mentioned:

Essentialism: The Disciplined Pursuit of Less by Greg McKeown

Jess Birken Episode 14

Erin Gerstenzang Episode 18

Jeena Cho Episode 6

Melissa Hall Episode 8

Jared Correia Episode 12

My Twitter: @zaviehlaw – How do you see the essentialism ideas applying to your life and law practice

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Make Completing Your CLE’s Less Painful [LGE 023] Jul 31, 2018

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 Conference

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 and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

CEO or Expert: Which One Should You Be in Your Law Practice? with Mike Whelan [LGE 022] Jul 24, 2018

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 tasks with age. Can that be analogized to lawyers?
Can you find ways to provide value, solutions, and innovation for your law firm without being the practitioner and administrator?
Are experienced practitioners not using their brains the way they should be used to maximize potential?
It’s important to eliminate unimportant work by following the 80/20 rule
There’s greater demand for legal experts than there is for lawyers

Resources:

Dina Eisenberg – Outsource Easier

Peak by Anders Ericsson

The Power of Habit by Carl Duhigg

Patrick Palace – workers compensation in Washington

The Business of Expertise by David Baker

Sam Glover – The Lawyerist

Contact Information:

www.lawyerforward.com/bookupdates - follow along Mike’s journey as he writes his book

Twitter: https://twitter.com/mikewhelanjr

Facebook: Lawyer Forward group

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Create Compelling Marketing Content, Ethically with Nick Rishwain [LGE 021] Jul 17, 2018

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 your blog posts with law firm-specific SEO keywords if you actually want them to be readable
What is newsjacking and how can you use it to generate ideas for content you can create?
When creating content about current events, you want to make sure you don’t appear to be ambulance-chasing
Is there room for more educational-type of content as opposed to more marketing-driven type of content
What type of Call-To-Action can go along with your content?
Why you shouldn’t worry about “giving away all of your secrets” when you’re creating content
How you can be using videos to reach out to potential clients
Why any type of videos, including Facebook Live and Instagram Stories, are helpful in familiarizing potential clients with you
For how long should you retain copies of your communications?

Resources Mentioned:

Mitch Jackson – Southern California personal injury lawyer

Morris Lilienthal – Tips from Mo show

Jim Hacking – Hacking Law Practice

Allyson Kacmarski – Instagram videos

Nicole Abboud – 3 Tips for Creating Effective, Ethical Videos

Contact Information:

www.experts.com

Twitter: https://twitter.com/expertsdotcomvp

www.experts-blog.com

Thank you for listening!

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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, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

10 Things Every New Lawyer Needs to Know [LGE 020] Jul 03, 2018

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 afraid to ask for help. You’ll be surprised how helpful other lawyers are and how willing they are to offer some advice
Start to establish a “real” network. By “real” I mean on a genuine level; don’t just be a LinkedIn connection. Introduce yourself to actual people, online or in person. Have personal conversations.
Appreciate the extensive scope of what it means to be a lawyer. Your degree is super flexible and you can create any type of life and career you want with your degree.
Look for tools to help when you feel like you need the help. A tool can be any resource (a person, technology, etc.) that helps you run your practice more smoothly.
Take care of yourself. This is self-explanatory but many lawyers (experienced and new) need to hear this.

What advice do you have for brand new lawyers? Tweet me @zaviehlaw or email me at megan[at]zaviehlaw[dot]com with your advice.

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Help Your Family Deal With Your Malpractice Suit [LGE 019] Jun 19, 2018

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 word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Why We Need Data Driven Ethics Reform with Erin Gerstenzang [LGE 018] Jun 12, 2018

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 of the ethics rules as they are now limit the ability of the public to seek the help they need, which ultimately has the opposite effect of why the rules exist in the first place
California’s recent ethics reform is certainly a huge leap forward and the changes are useful, but they’re still not based on data
In order for lawyers to be able to follow the rules, they must be able to understand them. And unfortunately, most of the ethics rules and opinions are not written clearly
If regulators are to create rules that truly reflect how lawyers practice these days and how the public interacts with lawyers, they need to rely on data

Contact Information:

www.datadrivenethics.org

Twitter: https://twitter.com/ehglawfirm

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

California’s New Rules of Professional Conduct: What You Need to Know [LGE 017] Jun 05, 2018

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 lawyers to advise their clients and manage their expectations as they relate to a lawyer’s conduct and capabilities
What should a lawyer do when a client is engaging in conduct that is legal under California law but not legal under Federal law. This proposed Rule 1.2.1 was not adopted yet and is still up for discussion
The new conflict of interest rules (New Rule 1.7, replacing old Rule 3-310) require that lawyers look more globally at the client and the relationship to find any conflicts
New Rule 1.18 provides rules that apply to the attorney-client consultation and what confidentiality issues exist
How this old rule (CA old Rule 2-400) provided greater protection for a lawyer who was accused of discrimination. The new rules are stricter and in some regard, less fair, when it comes to these allegations

Resources:

You can find all of the new rules here.

California Lawyers Association Solo and Small Firm Section

Webinar: CA Rules of Professional Conduct: What the 2018 Rule Updates Mean to You– June 7th, 2018 Presented by James Ham and Megan Zavieh

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Ethically and Effectively Use the Media and Engage the Court of Public Opinion with Wayne Pollock [LGE 016] May 29, 2018

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 is sufficient to want to engage the press and take the opportunity to shape the case prior to entering the court
A Pennsylvania attorney who released confidential taped conversations to the press and the ramifications of his actions
What lawyers should know about ABA Rule 1.6 and Rule 3.6 when speaking with the press
Rule 3.6(b) and (c) are safe harbors that delineate what lawyers are allowed to discuss with the media
How lawyers can use the media as a defense mechanism on behalf of your client?
How long it takes for a statement that taints a client’s case to dissipate from a juror’s mind
What about statements that are only allowed to be made inside of court but not outside? How do lawyers deal with those?
Attorneys can be liable for defamation if previously-filed copies of complaints are provided to reporters
Why it’s important for lawyers to work with PR companies who are familiar with ethical rules
The three categories of benefits for lawyers who utilize the media
When does privilege apply to PR firms and why is it important to know?

Resources Mentioned:

ABA Model Rules of Professional Conduct Rule 1.6

ABA Formal Opinion 480

Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

ABA Model Rules of Professional Conduct Rule 3.6

Defamatory article:

https://www.prnewswire.com/news-releases/sanford-heisler-sharp-files-100-million-gender-pregnancy-and-maternity-discrimination-lawsuit-against-am-law-giant-morrison--foerster-300639108.html

Bochetto v. Gibson, 860 A.2d 67 (Pa. 2004)

Wayne’s Contact Information:

Website: www.copostrategies.com

Email address: waynepollock@copostrategies.com

Phone number: 215.454.2180

Wayne’s free guide for lawyers to help them avoid common mistakes when they speak to reporters: www.mediamistakeslawyersmake.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Business Case for Being a Decent Human Being (and Lawyer) [LGE 015] May 22, 2018

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 Schlossberg - NY attorney

http://abc13.com/society/ny-attorney-in-racist-rant-kicked-out-of-office/3488994/

https://ny.eater.com/2018/5/18/17368288/aaron-schlossberg-racist-rant-lawyer-ice

https://ethicalnag.org/2010/10/15/why-doctors-get-sued/

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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, and Google Play, and be sure to share this podcast with a friend.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Use an Online Scheduling Tool for Networking and Booking Clients with Jess Birken [LGE 014] May 15, 2018

Scheduling software programs help you keep your appointments organized, but they can do so much more for your practice. From helping you set up networking meetings, to booking client calls, collecting payments for consultations, and requesting Google reviews, online scheduling software like Acuity can be a powerful tool for lawyers.

In this episode, I’m joined by Jess Birken, a non-profit attorney in Minneapolis, Minnesota. Jess loves all things tech and all things Acuity. She shares her top tips for using online scheduling software in your law practice.

What We Discuss in This Episode:

How can lawyers get over their intimidation of technology and embrace modern tools?
Aside from scheduling meetings, what else can Acuity help lawyers do?
Whether you enjoy networking or not, it’s necessary. So how can you use Acuity to schedule networking meetings and simplify the process?
Blocking off your calendar allows you to control your client meetings while maintaining a personal life
From an ethics standpoint, communicating consistently with your clients through automation can reduce complaints
Can a lawyer in any practice area benefit from using online scheduling tools?

Resources Mentioned:

Deep Work by Cal Newport

Jess’s winning website – 10 Best Law Firm Websites of 2017

Zapier

Contact Information:

Jess's firm website

www.hackyourpractice.lawyer

Twitter: https://twitter.com/jessbirken

Special gift for LGE listeners: www.hackyourpractice.lawyer/gift

If you enjoyed this episode, you might also like:

Tom Martin's episode about lawyer chat bots

Jared Correia's episode about law practice auditing

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Why the Ethics Rules are Ripe for Reform [LGE 013] May 08, 2018

In this episode, I get a little bit more personal and share my candid thoughts about why the legal profession is ripe for legal ethics reform, and more importantly, why that’s not a scary proposition.

There are many forward-thinking legal practitioners and legal tech experts who are in favor of a large scale reform of the ethics rules but naturally, there are many others who are against any such changes. Despite the consensus among the former that change is needed, there is still some contention as to how to approach this change. While some believe that a line-item review of each ethics rule is sufficient, others believe that an entire overhaul of the current rules is what’s required.

Listen in to hear where I stand on this issue and my opinion on why reform is needed.

What I Discuss in this Episode:

What the Data Driven Ethics project is
Why many of the ethics rules are not based on data, but on perception
How the ethics rules could not possibly keep up with the speed of social media
Why tinkering with the individual rules in an attempt to update them will not suffice

Resources Mentioned:

APRL – Association of Professional Responsibility Lawyers

Erin Gerstenzang's episode

Data Driven Ethics website

Eric Cooperstein's episode

Thank you for listening!

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Benefits of Preemptively Auditing Your Law Practice Management with Jared Correia [LGE 012] May 01, 2018

The better your law practice is managed, the less likely you are to fall short on even basic ethics duties like competence, diligence, and communication. That’s why audits of your law firm technology, marketing, and practice management are so important.

In this episode, I’m joined by Jared Correia, Founder and CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting and technology services for solo and small law firms.

What We Discuss in This Episode:

Why workload overwhelm, not intentional misbehavior, is what often causes lawyers to run into ethics trouble
What you can learn from examples of lawyers who, either through their own actions or not, experienced disasters that affected their abilities to conduct their legal work
When it comes to technology, marketing, and management practices, what exactly should you be doing?
How you, as a law firm owner, can get your staff to provide input regarding office operations
What types of technology should your firm employ in order to avoid ethics traps?
When it comes to your firm’s financials, what software should you use and what systems can you institute to improve performance?
The ethics of marketing tools and channels

Resources Mentioned:

Massachusetts LOMAP

Productivity tools like email: Microsoft office or even better, Office 365

Accounting software: Quickbooks, Xero

Document cloud storage: Google Drive or One Drive

Scanner: Dropbox built in scanner or Scansnap

Contact Information:

Jared's website: www.redcavelegal.com

jared@redcavelegal.com

(617)398-7181

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Proper Billing Practices That Reduce Bar Complaints [LGE 011] Apr 24, 2018

What are some proper billing practices that can help reduce the potential for bar complaints against you? In this episode, I share several best practices when it comes to billing clients for work performed.

What I Cover In this Episode:

Make sure what’s reflected in your retainer agreement is also reflected in your billing practices
Bill early and bill often
Why you should describe the work you’re performing even if you’re billing on a flat fee basis instead of hourly
Reconcile your trust account at least once a month
Should the bills you send out include some sort of update on the case?
What method of client communication will increase their chances of receiving and opening their bills?
Keep copies of the bills you send to the clients

Resources Mentioned

Episode 2

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Ethics of Law Practice Systems and Project Management With John Grant [LGE 010] Apr 17, 2018

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 you 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 project management methods improve client-attorney relationships?
Can you effectively and competently represent a client when applying lean methodology?
How value is determined and measured
How your law practice processes evolve the more you test procedures and listen to your clients
Should you utilize a quality control checklist when you’re drafting motions or conducting research and if so, what should be included on the list?

Resources Mentioned:

** UPDATED MARCH 2019 – John Grant’s Agile Productivity for Legal Professionals course is now available at https://agile.legal/p/agile-productivity-for-legal/?product_id=1062770.

Drive by Daniel Pink

ABA Rules of Professional Conduct Rules 1.1-1.5

The Lean Startup by Eric Ries

Toward an Anthropological Theory of Value by David Graeber

Billie Tarascio - The Lawyerist Podcast interview

Oregon State Bar PLF (Professional Liability Fund)

Kaizan

John’s webinar

Contact Information

Twitter: https://twitter.com/jegrant3

www.agileattorney.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Using Law Bots to Simplify, Automate, and Maximize Efficiency with Tom Martin [LGE 009] Apr 10, 2018

Lawyers are catching on to the importance and value of integrating law bots into their practice, whether as chat bots on their websites or as client engagement and management tools. Founder and CEO of LawDroid, Tom Martin, joins us to discuss how bots can help automate and simplify internal law firm functions like research and external functions like client management.

LawDroid is a bot automation company with a mission to promote justice everywhere and dedicated to bringing the legal industry into the 21st century.

What We Discuss in This Episode:

What a chat bot is and what it can accomplish for a lawyer
Should lawyers worry that robots will take over their jobs?
How to use bots to stay in touch with current clients
The message and interaction logs that bots create and how they can help in malpractice suits
How bots can be used internally within a law firm to complete tasks like research to filling out documents
Where bots can’t replace human lawyers
The ethical considerations to keep in mind with bots
What type of disclaimers you must make when you’re using a bot
How bots can help you work ON your business and not IN your business

Resources Mentioned:

Deep Work by Cal Newport

Billie Tarascio's interview on The Lawyerist

x.ai – AI assistant

Contact Information:

www.lawdroid.com

Twitter: https://twitter.com/lawdroid

Tom is speaking at the GLSA/GP Solo conference– April 25-28th, 2018

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Innovating In Your Practice Without Fear of Ethics with Melissa Hall [LGE 008] Apr 03, 2018

Send any ethics questions that you’d like me to address in a future episode. Reach me at megan@zaviehlaw.com or Tweet me @zaviehlaw

Lawyers no longer have to fear ethics constraints when crafting a law practice that truly reflects their lifestyle desires and needs. It’s possible to build a practice that provides flexibility and fulfillment while allowing lawyers to provide legal services in the way that they choose.

I’m joined by Melissa Hall of Smol Law, a primary legal care practice in Seattle, Washington. Melissa shares how she’s innovating with her law practice without fear of ethics.

What We Discuss in This Episode:

How Melissa took an old school practice and brought it into modern day
Why it’s important for lawyers to actually care about the work that they do
Aside from providing counseling and advice, how Melissa is using her network to help clients find other lawyers
How Melissa is able to implement innovative practices
Why lawyers rarely stop and think about what they really want out of their careers
How to plan for a practice that suits your life and lifestyle
What it looks like to have a practice when you have an illness or other medical condition that requires constant attention
Planning and preparing for a “backup” lawyer for your solo practice
The virtual nature of Melissa’s practice and how she schedules her consultation calls
How Melissa’s retainer agreements and early communications with clients anticipate and reduce any surprises
The value of providing your services as a monthly retainer and subscription-style service

Resources Mentioned:

Patreon

Jeena Cho's Episode 6

Contact Information:

melissa@smol-law.com

Melissa's website

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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, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

What Should Be In Your Social Media Profile Really? [LGE 007] Mar 27, 2018

What should your social media profile(s) include? Are you compliant with the ethical rules when you build out your social media profiles? In this episode, I discuss what you should consider including in your profiles in order to remain compliant.

What I Cover in This Episode:

When is your social media profile considered attorney advertising and when is it not?
What must you include in your profile if we are to treat it like attorney advertising?
On Facebook specifically, what’s the important and necessary information to include
What about Twitter? What should be included there, especially considering there’s less room to include information?
What disclaimers, if any, should you include?
How can you make the best use of the “Pin Post” option?
Should you include terminology indicating specialization? If so, what language should you include?
Can you include testimonials in your profile? Should you?

Resources:

My interview on The Lawyerist Podcast

My interview on the Legal Toolkit podcast

My conversation with Jeena Cho on The Resilient Lawyer Podcast

ABA Model Rule 7.2

Ca Ethics Rule 1-400

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Practicing Mindfulness for Better Lawyering and Increased Client Satisfaction with Jeena Cho [LGE 006] Mar 20, 2018

Interest in mindfulness and meditation is on the rise in the legal profession and for good reason! There are numerous benefits to incorporating mindfulness into your law practice and legal career, the most relevant to us being that it helps lawyers do their jobs better (which means fewer potential ethics complaints).

I’m joined by lawyer, author, and mindfulness instructor Jeena Cho who shares her insight on the connection between mindfulness, wellness, and building more sustainable law practices.

What You’ll Learn in This Episode:

Why is mindfulness important in the practice of law?
What are some tools available for relieving stress and calming the mind?
How can you recognize when your mind is not in the present moment?
How to incorporate mindfulness into your daily life
How much time should you give yourself to retrain your brain?
Who benefits the most from practicing mindfulness, meditation, and self-care?
What are some of the destructive behaviors many lawyers engage in to cope with stress?
How laying down a strong foundation for yourself can help you achieve well-being as a law student
How not to let your career derail your health habits
How can practicing mindfulness improve your interactions with your colleagues and clients?
Some tips to maintaining a mindfulness practice and making it last

Resources Mentioned:

Sharon Salzberg - mindfulness and meditation author

Headspace app

Insight Timer

Jeena's book - The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation

The Resilient Lawyer Podcast

Www.jeenacho.com

Twitter: https://twitter.com/jeena_cho

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

Facebook

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

How to Submit a Moral Character Application That Isn't Squeaky Clean [LGE 005] Mar 13, 2018

The moral character application might seem like it’s only something law students need to worry about but if you’re a lawyer who’s looking to be admitted in other jurisdictions, then you’ll certainly want to pay attention. This is especially true if you happen to have a few blemishes in your past that you need to disclose in your application.

In this episode, I offer my tips on how to approach filling out the moral character application that isn't squeaky clean.

What I Cover in This Episode:

Should you disclose any past blemishes on your moral character application, even if they’re tiny incidents that happened a long time ago?
When you do disclose unfavorable incidents, what’s the best way to address them?
What types of incidents are considered dishonest and thus require disclosure?
Why honesty with the bar is far more important than your past indiscretions
What to do if you can’t fit your explanation on the actual application
Why finding respected professionals, like judges, other lawyers, even doctors and politicians, who are willing to speak to your character through letters of recommendation is important
How to decide whether an incident requires disclosure or not?

Resources Mentioned:

Shon Hopwood- Jailhouse lawyer

Submit your questions for future shows via Twitter @zaviehlaw or email megan@zaviehlaw.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

Facebook

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs

Ethics Rules In Need of 21st Century Makeover with Eric Cooperstein [LGE 004] Mar 06, 2018

The legal profession is evolving and yet, so many of the ethics rules can’t seem to keep up. They are simply outdated and need a 21st century facelift. I’m joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today.

What We Discuss in This Episode:

Why the rules need to be updated in order to spur innovation in the legal profession
How Rule 5.4 as it currently stands affects who lawyers can share profits with (even when it comes to their own paralegals)
What is Rule 5.4 designed to protect against? Is that still a relevant concern nowadays?
How other rules, like Rule 4.2 - communication with a represented person, and Rule 4.3 - dealing with an unrepresented person, contradict Rule 5.4
Why the belief that lawyers are improperly influenced by third parties is not based on any empirical data
How legal companies run by non-lawyers aren’t restricted like lawyers are so they’re able to innovate faster
Rules restricting practicing in multiple jurisdictions unless admitted to those bars - are they unrealistic in our current legal climate?
Are lawyer non-compete agreements beneficial?

Resources Mentioned:

Bates v. Arizona State Bar

ABA Model Rule 1.1

ABA Model Rule 4.2

ABA Model Rule 4.3

ABA Model Rule 5.4

ABA Model Rule 5.5

ABA Model Rule 5.6

Contact

Eric’s Twitter @ethics_maven

www.ethicsmaven.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

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Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

The Role of Kindness in Reducing Ethics Complaints [LGE 003] Feb 27, 2018

What does kindness have to do with ethics complaints? Well, possibly a lot! I believe that if more lawyers practiced kindness towards their clients and even towards opposing counsel, even when it is difficult to do so, there would be fewer ethics complaints filed against them. That's exactly what I discuss in this episode.

What I Discuss In This Episode:

What does it mean to be kind?
Who do we need to be kind to and why?
What should lawyers do to insure their clients are happy?
What role does kindness play in the attorney-client relationship?
How does kindness make you a better lawyer?
What can a lawyer do once a Bar complaint has already been filed
Can kindness be self-satisfying?

Resources Mentioned

The Lawyerist Podcast by Sam Glover and Aaron Street

Billie Tarascio

My Contact Information:

Twitter: @zaviehlaw

Facebook: Zavieh Law

Email: megan@zaviehlaw.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

Facebook

Website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

5 Areas Where Lawyers Make Ethical Mistakes (Without Even Knowing It!) With Erin Gerstenzang [LGE 002] Feb 27, 2018

Show Notes

Is that contact form on your website compliant with the ethical rules? How should you handle negative online reviews by clients? The ethics rules can be complicated and often times, lawyers just don’t know that they’re violating them.

In this episode, I’m joined by Atlanta criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. We are talking about five specific areas that can be danger zones for solos and small firms when it comes to the ethics rules.

What We Discuss in This Episode:

Can you rely on marketing experts when they’re not familiar with the ethical rules?
How can you use Contact Forms on your website appropriately, especially if your marketing company is tracking submitted data
What is the level of competency the ABA requires regarding use of technology
When it comes to negative online reviews, how and when should you respond?
How can you best use positive online reviews?
What can lawyers learn from Disney when it comes to customer service
Can you talk freely about your client’s case with other lawyers, such as on listserves?
Why so many of the current ethical rules need to be rewritten to reflect the current reality of the practice of law
When it comes to cybersecurity, are lawyers doing what they need to do to make sure email communications are secure?
What can you start doing today to create more secure passwords
Is wifi really secure?

Resources

Hunter v. Virginia State Bar

1Password

LastPass

LifeLock

Virtual Private Network (VPN)

Contact Information

Social media: @ehglawfirm

Website: www.ehglawfirm.com

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

Facebook

Website

Email me at megan[at]zaviehlaw[dot]com

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

Welcome and What To Do If You Receive a Bar Complaint [LGE 001] Feb 22, 2018

In my first episode, I start off with a short introduction of who I am. I am an ethics attorney practicing primarily in California, and in short, I save lawyers' careers.

I also wanted to make my first episode useful and practical for you so I’m tackling a critical topic that I deal with frequently and that is: what should you do if you receive a bar complaint?

What You’ll Learn In This Episode:

Why the first thing to do when you receive a bar complaint is to not panic and just read the letter several times
Calendar the date by which you need to respond
Then analyze the underlying events and facts
How you can protect yourself against a complaint by a client without waiving attorney-client confidentiality (and when is it ok to break privilege?)
Where you can do some research to better understand the potential consequences
Should you respond on your own or seek help?
If you’re going to respond and defend yourself, what should you include in your response?

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 and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend.

Be sure to connect with me and reach out with any questions/concerns:

Facebook

Website

Email me at megan[at]zaviehlaw[dot]come

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

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