Lawyers Gone Ethical

Latest Episodes:

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

Show notes

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

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

Show notes

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.

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

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

Show notes

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.

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

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

Show notes

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!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

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

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

Show notes

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!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

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

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

Show notes

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

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

Show notes

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!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

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

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

Show notes

If you're a new lawyer just starting out in your legal career, you'll want to tune in to episode to hear my top 10 tips (and 1 bonus one!) to help you succeed.

If you're a more seasoned attorney, I'd love to hear your best tip for new lawyers. Tweet me @zaviehlaw

My top 10 tips:

No matter how brilliant you are, you are going to be working with people who know more than you do
Why "I don't know" or "No" are not sufficient responses
Ask a lot of questions (even if you think you're irritating the people you're asking)
Communication is key!
Under-promise and over-deliver
Internalize feedback, from anyone, but especially from senior members at your firm
Have an exit strategy
Give help and give credit
Know your tools
Don't forget to network!

And one bonus:

Take care of yourself!

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday.

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

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

Show notes

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.

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

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

Show notes

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.