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    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.

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

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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.

    1. Schedule (honestly)
    2. Get help
    3. Plan breaks
    4. Plan your finances
    5. 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
    Show notes

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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

    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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