Lawyers Gone Ethical

Latest Episodes:

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

Show notes

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.

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 Make Completing Your CLE's Less Painful [LGE 023] Jul 31, 2018

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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!

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:

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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

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:

Facebook

Website

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

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

Show notes

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

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:

Facebook

Website

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

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

Show notes

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/

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:

Facebook

Website