Lawyers Gone Ethical

As the dialogue about overcoming implicit bias and workplace inequity gets louder in other industries, I'm taking a closer look at the state of unconscious bias in the legal industry to better understand how we can eliminate these biases in our profession. Joining me for this conversation is Erin Gerstenzang, Atlanta criminal defense attorney and advocate for the advancement of women in the law.

Erin and I explore how unconscious bias presents itself in law firms and other workplace settings and what we, as lawyers, can be doing to become better allies and help eliminate workplace inequalities.

What We Discuss in This Episode:

• What is the value of having conversations about race, gender, and religion inequality?
• How can we create safe spaces to have these important conversations?
• There's power in being an ally, so how can you become a stronger ally for others?
• Why is it important to "call someone in" as opposed to "call them out"?
• The first step to eliminating bias is to acknowledge it
• How does unconscious bias affect decisions that are made about your career when you're not in the room?
• How being the "only" in your office can lead to increased micro-aggression and harassment
• What is moral licensing and how does it affect your behavior?
• What can lawyers be doing right now to help eliminate unconscious bias in the legal profession?
• The importance of proximity in busting biases

Resources Mentioned:

The Visible Hand study

Contact Information:

Twitter: @ehglawfirm

Thank you for listening!

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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.

Do you ever think about your competition? As much as we'd all like to think we're not interested in checking out the competition, we can't help but wonder if someone else in a similar space as us might be coming for our clients and market share. That's normal.

In this episode, I share my thoughts on what you can be doing to better handle a competitor who might affect your business in some way.

What I Share in This Episode:

• why you should just keep doing what you're doing
• Don't change your strategy simply because you noticed your competition had a specific strategy that seems to be working
• If you're going to emulate something your competition is doing, always check to make sure it's ethical first
• Why it's important to check your state's ethics rules when implementing a new strategy in your practice
• Why your approach to business development and marketing is different than your competitions' so don't try to act like anyone else
• If you witness your competitor committing an ethical violation, do you have a duty to report him/her to the state bar?
• There is an abundance of potential clients in the world. There's plenty to go around
• What you should consider when you're thinking about reporting your competition to the state bar
• Just think: you must be doing something right if your competition has you in their sights

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:

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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.

As your firm grows and expands, what type of ethics issues might you encounter during this time of change? From effective waivers during mergers to managing client relationships, my guest Jessica Beckwith joins me to share her insight on how solo and small firms can grow and expand ethically.

Jessica is a partner in the Los Angeles and Phoenix offices of Lewis Brisbois and a member of the Real Estate & Environmental Practice as well as the Professional Liability Practice. Her practice is focused on environmental law and attorney regulation and ethics.

What We Discuss in this Episode:

• Why are there so few ethics attorneys given the amount of lawyers there are in the U.S.?
• What types of conflicts do big law firms encounter?
• As a small firm begins to grow, what should the lawyer-owner pay attention to?
• How effective is your firm's waiver? Is it complete enough?
• When it comes to disclosures and conflicts of interests, what type of information must be disclosed?
• What two ethics rules govern imputation?
• Multi-jurisdictional practices and what specific issues they entail
• If you're licensed in more than one state, what type of disclosures should you make to your clients?
• What to do when there are no ethics rules directly on point with an action you're hoping to take as you expand?

Resources Mentioned:

Sheppard Mullin's Undisclosed Conflict case

California's Rules of Professional Conduct 1.10 and 1.8.11

Contact Information:

Lewis Brisbois attorney profile

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:

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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.

As the year winds down, it's common for many us lawyers to look back on the year and feel discouraged by all that we thought we would accomplish but didn't. While it's important to focus on what you did accomplish, admittedly, it can be overwhelming to reflect on all that is left to do. In this episode, I get a little personal and share how I was able to overcome some of the obstacles I encountered this year when it came to completing tasks.

What I Share in this Episode:

• How you can best keep track of all the ethics rules changes that took effect in 2018
• Patrick Palace's town hall meetings and how they're moving the profession forward
• Erin Gerstenzang's data-driven ethics project
• What is California's Legal Tech Task force meant to accomplish?
• The one thing I accomplished this weekend that was a total game changer for my practice
• The amazing feeling of finally completing a task that has been on your To Do list for a long time
• Why getting things done might be simpler than you expected

Resources Mentioned:

The Maximum Lawyer Podcast

California's Legal Tech Task Force

If you need recommendations for specific resources, feel free to reach out to me!

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:

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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.

Although it is relatively new, the cannabis industry is already seeing a boom in startups and businesses looking to capitalize on this new-found legalization (in certain states). With this growth comes a wave of lawyers looking to build name recognition in this niche practice area.

In order to grow a successful cannabis law practice, it's important to understand the legal and ethical issues associated with practicing cannabis law. Joining me to share his experience and insight as a cannabis lawyer is Jason Beahm. Jason is a criminal defense attorney with several offices across California.

What We Discuss in This Episode:

• What is cannabis law and how can you, as a lawyer, break into that practice area?
• How to deal with the stigma associated with working in this industry?
• What affect have recent changes in cannabis law had on other sectors like finance?
• Should lawyers be able to advise clients on violations of law?
• How can lawyers walk the fine line between state and federal law if there is disharmony between the two?
• When advising clients, what should you know about accounting and investing?
• What does the future hold for this industry?
• Will special events organizers be able to apply for permits to allow cannabis on the premises?
• How past marijuana convictions will be handled moving forward?

Contact Information:

Jason's website

Twitter: @beahmlaw and @jasonbeahm

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:

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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.

As 2018 comes to a close, I thought it would be fun and useful to discuss some things you can be doing right now to end the year on a high note and best prepare yourself and your law practice for the new year.

Some things to do at the end of the year:

• Review your state's ethics rules
• Check your local major bar association's opinions or articles regarding new state ethics rules and proposed opinions
• Pay attention to even the smallest of changes in the ethics rules because they could have a profound effect when put into practice
• Audit your law practice's weaknesses because those might be ethical problems
• Ask yourself what you want 2019 to look like? Set your goals for the year, and don't forget to dream big!
• Remember to reflect on the year that was and celebrate your wins

Resources Mentioned:

The Benefits of Preemptively Auditing Your Law Practice Management with Jared Correi episode

Growing Your Practice Through Digital Information Products with Jess Birken 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, 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:

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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.

Following our presentation at Clio Conference, my co-presenter, Jess Birken, and I sat down to reflect on our discussion of our presentation topic - growing your practice through digital information products. Whether it's for additional income or to increase access to justice, there are many reasons to consider creating digital products. We discuss what lawyers should be aware of before they embark on the journey of creating their own products.

Jess Birken is the owner of Birken Law and she helps non-profits with their legal matters.

What We Discuss in This Episode:

• What are digital information products and how are lawyers using them in their practices?
• Jess's digital product and how it's helping her clients
• How is Jess monetizing her online course?
• My California specific digital product
• How narrow or broad can your digital product be?
• What ethical implications are involved in creating digital products?
• The importance of understanding where customers are in their journey
• How much time and work goes into creating a product?
• What is mindmapping and how can it help distill big ideas into smaller parts?
• Keep your approach to your product small. Don't try to do too much from the get-go. Iterate as you go

Contact Information:

www.hackyourpractice.lawyer/mindmap

www.hackyourpractice.lawyer

Twitter and Instagram: @jessbirken

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:

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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.

For many lawyers, making the decision to take on a new client doesn't require much thought. After all, all paying clients are great clients, right? Not necessarily.

There are a number of reasons why you should want to be selective when weeding through leads and potential new clients. In this episode, I share stories and insight on how to spot trouble clients from a mile away and what to do to best protect yourself against possible future bar complaints.

What I Cover in This Episode:

• No client is ever worth committing an ethical violation over
• How to handle a client who refuses to follow your advice
• How to best manage client expectations in order to avoid future confusion
• If a client doesn't return your calls or respond to your emails, that's not a good sign
• Importance of setting your priorities and rejecting work if you're too busy already
• Who is the best type of client to fire?
• Set your criteria as to the questions you're going to ask to determine if a potential client is one you want to represent
• What signs should you look for when you and the client are discussing fees prior to engagement?
• How should you go about substituting yourself out of representing a client? When should you do it?
• Why you must withdraw from representation if you find your client's case is frivolous
• If you discover your client has no cause of action(s), what should you do to ensure the statute of limitations doesn't prohibit the client from seeking representation elsewhere?
• What should your disengagement letter include?

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:

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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.

When you're overwhelmed with work and the paperwork on your desk keeps piling up, that's usually a good indication that you need help! Being busy is certainly better than the alternative when you're running your law practice but in order to be the most effective and competent attorney you can be, you need help. That's where outsourcing and delegation come into play.

My guest today is Kristin Tyler. Kristin is the Co-Founder of LAWCLERK, a service that helps attorneys hire freelance lawyers to assist with various projects. LAWCLERK provides a "win/win" scenario for busy lawyers who can match up with freelancing legal professionals who need extra work.

What You Will Learn in This Episode:

• What LAWCLERK is and what services they provide
• How this service helps alleviate the overwhelm for many lawyers
• What LAWCLERK's process is for matching lawyers with freelancers
• How LAWCLERK remains ethically compliant
• The two states where lawyers can't use LAWCLERK
• What does using LAWCLERK mean for the solo attorney?
• What steps are taken to maintain confidentiality and handle conflicts of interest while using the service
• How secure LAWCLERK's technology is
• Who are the freelancers using LAWCLERK?
• What can and can't the freelance lawyer do under the guidelines of Law Clerk?
• The steps necessary to sign up for the service

Resources Mentioned:

Clio Cloud Conference

LAWCLERK

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:

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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.

They say your "network is your net worth." This is especially true in the legal profession. Surrounding yourself with the right people and building your network can prove to be crucial to your success and career longevity. It's important, then, for lawyers to get outside of their offices and meet others. But what's the best way to approach network building? I share my insight on how and why it's important to meet new colleagues and surround yourself with the right people.

What You'll Learn in this Episode:

• Why it's important to know your "competition"
• Can networking help you meet other lawyers who can act as your "backup attorneys"?
• Find people you can brainstorm and mastermind with about your business
• Can you face a malpractice claim if you don't competently handle a client matter? How can expanding your network help with this?
• Where should you get started with building your network?
• Bar associations, volunteer work, and conferences are great places to begin
• How to set the social awkwardness aside
• How to use online platforms like social media and forums to grow your network

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

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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.