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    Business News

    Lawyers Gone Ethical

    How do lawyers function in today’s changing legal market without running afoul of the ethics rules? What must lawyers include in their social media profiles and posts? How technologically competent must a lawyer be? How secure must lawyers keep client data? Can lawyers accept credit cards or cryptocurrency? What should lawyers do if they receive a bar complaint?

    The business of law is constantly evolving. Staying out of trouble requires that lawyers understand the latest interpretations and applications of the ethics rules. It also requires us to figure out what to do when the rules and modern business and technology are not in sync.

    Join host Megan Zavieh, state bar defense and ethics attorney, and her guests as they discuss today’s most pressing topics and practical tools to help you navigate the ever-changing ethics landscape.

    Advertise
    • Apple Podcasts
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    • Spotify

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

    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.

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

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

    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!

    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

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

    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.

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

    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.


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

    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

    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

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

    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.

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

    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.


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

    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

    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

    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.


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

    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

    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

    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.


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

    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.

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

    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.


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

    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

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

    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

    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


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