Lawyers Gone Ethical

For many lawyers with innovative ideas for their practices, those ideas rarely get a chance to blossom because of certain restraints in the ethics rules, unfortunately. If you're looking to implement new services or develop legal products and are unsure of what the ethics rules allow or disallow, you'll truly enjoy this conversation. More importantly, you'll learn how you can work through your fears of violating the ethics rules to cultivate your genius idea.

Joining me today is Erin Levine, a Certified Family Law Specialist and CEO of HelloDivorce, an online platform that empowers individuals contemplating divorce with step-by-step guidance and affordable access to lawyers.

What We Discuss in This Episode:

• Why is it that the ethics rules hinder our progress and innovation in the legal profession?
• Lawyers might be risk-averse but that's because we aren't taught to take risks in law school and aren't encouraged by the ethics rules to do so either
• How the lack of outside funding and non-lawyer ownership affected Erin's business's ability to grow
• Has the distinction between companies who offer legal services and those who don't become meaningless?
• Should lawyers have to look for loopholes in the ethics rules in order to develop their intended products/services?
• The impact of the inability to accept investment funds
• Why you should pay attention to the user experience and customer service as a lawyer
• What can we learn from the legal systems of other countries when it comes to outside investment in legal companies?
• Are there any changes to the ethics rules on the horizon that might allow for outside investment funding?

Contact Information:

HelloDivorce

Erin's law firm website

Thank you for listening!

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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.

Just like with obstacle course races, lawyers' careers are long, tough, and full of unforeseen obstacles. In this replay of my recent keynote presentation for CEB's The Basics conference in California, I share lessons learned on the race course that lawyers can apply to their own lives and careers.

What I Cover in This Keynote:

• How I transitioned from BigLaw to solo practice because of a shift in my perspective and priorities
• Why lawyers let fear (specifically the fear of violating the ethics rules) stop them from pursuing their dreams
• You know a lot more than you realize so always fall back on your knowledge when you're afraid
• There are always alternatives to reaching your goal; don't get caught up in obstacles
• The importance of being ethical even when people aren't looking
• You can't go though your legal career alone, just like with running a race course
• Get used to being uncomfortable when asking others for help
• The legal profession doesn't have to be a nasty place; kindness can go a long way
• When you're fatigued with your cases, take a break
• Age is not an obstacle so being "too young" or "too old" to learn something new should never be an excuse
• It is so important to find your tribe!

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.

ABA Model Rule 1.1 states that a lawyer shall provide competent representation to a client. While this duty has existed for a while, the more recent addition of Comment 8 to Rule 1.1 makes it essential for lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]" This demands a shift in the way lawyers approach their understanding and use of technology in their legal practices.

Joining me today to discuss the intersection of technology and ethics is Ivy Grey, bankruptcy attorney, legal tech writer, and creator of American Legal Style for PerfectIt, which is a legal specific proofreading program for lawyers that runs within Microsoft Word.

What You'll Learn in This Episode:

• What ABA Model Rule 1.1, specifically comment 8, requires of lawyers
• Why it is no longer efficient or even acceptable for lawyers to be luddites
• What the ABA Model Rule 1.1, Comment 5 add to the discussion?
• What does it mean to be "competent" according to the Model Rules?
• Even if you're delegating work to your staff or junior attorneys, are you still required to be competent?
• What are the six basic technological areas that help lawyers perform their work competently?
• What are some ethical failings of not understanding the basics of using technology?
• Being technologically competent doesn't require you to code or understand blockchain
• The role that understanding the basics of technologies plays in helping you understand the substance of your clients' cases
• If you choose to manually perform work that can be automated, you might be in an ethical grey area, according to the ABA Model Rules 1.5
• What Model Rules 5.1 and 5.3 require of you when it comes to ethical supervision and delegation
• How does the duty of competence govern your interactions with third party vendors, like website developers?

Resources:

Catherine Reach's LinkedIn

Lex Tech Review

TutorPro

Casey Flaherty Twitter

Casepeer

MyCase

Clio

Legal.intelligentediting.com

Contact Information

Twitter: https://twitter.com/ivybgrey

LinkedIn

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.

Lawyers are charged with upholding the law and abiding by the ethics rules while we're practicing as well as when "off the clock." The ethics rules govern lawyer conduct anywhere and any time. So what conduct, behavior, and activities outside of the practice of law could potentially get you in trouble and affect your bar license? That's what I delve into in this episode.

What I Discuss In this Episode:

• What is one of the most significant activities you can engage in outside the law that will almost guarantee disbarment?
• Is it just conduct that is criminal in nature that will affect your license?
• What does ABA Model Rule 8.4 state and how does it apply in this scenario?
• Are you still considered a "lawyer" when you're engaging in behavior outside of work hours and on your personal time?
• Keep in mind: a person who has been wronged can always file a bar complaint against a lawyer, either along with or in lieu of a civil complaint
• The importance of showing integrity and honesty at all times, not just when practicing law

Resources Mentioned:

• ABA Model Rule 8.4 – Misconduct

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

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.

No one wants to think about it but there might come a time in your legal career where you have to deliver bad news to your client – whether it's due to a lawyer error or otherwise. How can you deliver this news to your client swiftly and ethically?

Joining me is Kathleen Havener, a lawyer at The Cullen Law Firm in Washington DC. Kathleen's practice focuses on complex commercial litigation. In this episode, Kathleen shares her insight on a lawyer's responsibility when it comes to informing the client about the legal process and delivering unfavorable news, if any should arise.

What We Discuss in This Episode:

• How to prepare your clients when judges fail
• How to tell your clients when you have failed
• Is the fear of failing keeping you from being honest with your clients?
• What can more experienced lawyers do to prepare younger lawyers for failure?
• What are the different ways something can go wrong in the legal process?
• What are some considerations to keep in mind when you know you have bad news to tell your client?
• How can you explain to your clients the legal process and what effect does that have on clients making better choices?
• What is the "Nora" Rule?
• How you can prepare your clients for alternative outcomes should they arise?
• Learn to take your clients "as they are" when it comes to their understanding of the law but still explain the legal process to them
• Never delay or hide bad news from your client

Resources Mentioned:

Kathleen's ABA article on How to Deliver Bad News to Your Client

Other articles written by Kathleen worth exploring

Contact Information:

Kathleen email: [email protected]

Phone number: (202) 298-4775

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

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.