Lawyers Gone Ethical

Latest Episodes:

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

Show notes

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!

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.

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

Show notes

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

Thanks 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 or recommendations for specific resources:

Twitter

Facebook

Website

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

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

Show notes

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.

Be sure to connect with me and reach out with any questions or recommendations for specific resources:

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

Connect with Jordan:

Jordan on Twitter: @Jordanschuetzle

Thomson Reuters Website

Getting Paid Ethically [LGE 058] Apr 30, 2019

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.

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

Facebook

Website

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

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

Show notes

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.