Lawyers Gone Ethical

If you're involved in the discipline process, a lot of that stress you're dealing with carries over and affects your family too. So how can you help them handle the stress that comes along with dealing with malpractice suits? That's what I discuss in this episode.

What You'll Learn in This Episode:

• The type of stress and fears your spouse and kids (if you have any) will experience as they watch you deal with a malpractice claim
• How to deal with the financial concerns that might arise
• Why it's important to keep your spouse and family in the loop regarding your complaint
• Not sharing enough information with your spouse is worse than keeping them informed
• Consider introducing your spouse to your lawyer if you end up hiring one
• Include your spouse in major decision making
• Mentally work through the worst case scenarios

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.

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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.

The legal industry has been stagnant when it comes to making any sort of ethics reform. For the states that are making changes to their ethics rules, those changes are typically based on opinions and arguments but not on data. The data is out there; we need to collect it and organize it in a way that will help regulators make better decisions.

I'm joined by criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. Erin and I are leading the charge on the Data Driven Ethics Project, which is a research project to compile, analyze and organize data about today's world of legal services in order to better draft the rules of professional conduct to embody traditional legal ethics in today's technology-enabled world.

What We Discuss in this Episode:

• Why no state wants to be the first to "stick its neck out" when it comes to progressive ethics reform
• Why some states are banning lawyer referral services by companies like Avvo and why that's, in fact, harming the public instead of protecting them
• Many of the ethics rules as they are now limit the ability of the public to seek the help they need, which ultimately has the opposite effect of why the rules exist in the first place
• California's recent ethics reform is certainly a huge leap forward and the changes are useful, but they're still not based on data
• In order for lawyers to be able to follow the rules, they must be able to understand them. And unfortunately, most of the ethics rules and opinions are not written clearly
• If regulators are to create rules that truly reflect how lawyers practice these days and how the public interacts with lawyers, they need to rely on data

Contact Information:

www.datadrivenethics.org

Twitter: https://twitter.com/ehglawfirm

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

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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.

I'm diving into the changes that came about with the new revamp of the California Rules of Professional Conduct. Several years ago, the California Supreme Court convened a commission to work on bringing California's Rules into alignment with the ABA Model Rules. The Commission's Rules were recently adopted by the Supreme Court and they go into affect later this year in 2018.

In this episode, I'm breaking down what California lawyers need to know about the changes and how they impact their law practices.

What I Explain In This Episode:

• California still hasn't adopted the Model Rules; they simply amended California's existing rules
• The way the rules are numbered have been completely revamped and they're a bit confusing
• California is finally aligned with best practices when it comes to advance fees and now require that lawyers deposit those fees in client trust accounts
• What about sex with clients? When can a lawyer have sex with his/her client?
• The new client communication rule (CA New Rule 1.4) requires lawyers to advise their clients and manage their expectations as they relate to a lawyer's conduct and capabilities
• What should a lawyer do when a client is engaging in conduct that is legal under California law but not legal under Federal law. This proposed Rule 1.2.1 was not adopted yet and is still up for discussion
• The new conflict of interest rules (New Rule 1.7, replacing old Rule 3-310) require that lawyers look more globally at the client and the relationship to find any conflicts
• New Rule 1.18 provides rules that apply to the attorney-client consultation and what confidentiality issues exist
• How this old rule (CA old Rule 2-400) provided greater protection for a lawyer who was accused of discrimination. The new rules are stricter and in some regard, less fair, when it comes to these allegations

Resources:

You can find all of the new rules here.

California Lawyers Association Solo and Small Firm Section

Webinar: CA Rules of Professional Conduct: What the 2018 Rule Updates Mean to You– June 7th, 2018 Presented by James Ham and Megan Zavieh

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.

There are many instances when a lawyer might want to turn to the press and media to engage them in a way that helps their existing clients. While there are certainly numerous marketing benefits to engaging the press, there's also a huge opportunity to offer unique legal services to clients in addition to litigation. We're exploring how to be more media-savvy for the benefit of our clients in this episode.

I'm joined by Wayne Pollock, Founder and Managing Attorney at Copo Strategies, a national legal services and communications firm helping attorneys and clients ethically, strategically, and proactively engage the court of public opinion.

What We Discuss in This Episode:

• Why many lawyers might think their cases are too "small" for the media to even care (but why that's a huge mistake)
• What two tracks lawyers should think about with regards to engaging the media
• Despite a judge's or jury's ability to "block out" press coverage of a case, it's human nature to be impacted by what is read and heard. That alone is sufficient to want to engage the press and take the opportunity to shape the case prior to entering the court
• A Pennsylvania attorney who released confidential taped conversations to the press and the ramifications of his actions
• What lawyers should know about ABA Rule 1.6 and Rule 3.6 when speaking with the press
• Rule 3.6(b) and (c) are safe harbors that delineate what lawyers are allowed to discuss with the media
• How lawyers can use the media as a defense mechanism on behalf of your client?
• How long it takes for a statement that taints a client's case to dissipate from a juror's mind
• What about statements that are only allowed to be made inside of court but not outside? How do lawyers deal with those?
• Attorneys can be liable for defamation if previously-filed copies of complaints are provided to reporters
• Why it's important for lawyers to work with PR companies who are familiar with ethical rules
• The three categories of benefits for lawyers who utilize the media
• When does privilege apply to PR firms and why is it important to know?

Resources Mentioned:

ABA Model Rules of Professional Conduct Rule 1.6

ABA Formal Opinion 480

Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

ABA Model Rules of Professional Conduct Rule 3.6

Defamatory article:

https://www.prnewswire.com/news-releases/sanford-heisler-sharp-files-100-million-gender-pregnancy-and-maternity-discrimination-lawsuit-against-am-law-giant-morrison--foerster-300639108.html

Bochetto v. Gibson, 860 A.2d 67 (Pa. 2004)

Wayne's Contact Information:

Website: www.copostrategies.com

Email address: [email protected]

Phone number: 215.454.2180

Wayne's free guide for lawyers to help them avoid common mistakes when they speak to reporters: www.mediamistakeslawyersmake.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.

It's not enough to be competent in your practice area, now clients expect lawyers to be decent human beings as well. In this episode, I share my thoughts on the importance of being a good person and how that has a positive impact on your business.

I also examine the fall out from a New York attorney's recent "racist rant" and how that is negatively affecting his reputation and law practice.

What I Discuss in This Episode:

• How lawyers now must be good people along with being competent in their practice areas
• What effect, if any, your behavior outside of your lawyer duties have on your career as a lawyer
• Clients care about how they're treated, and sometimes, that's enough to prevent a filing of a malpractice claim
• How you treat clients is reflected in Google Reviews and that affects business
• What can we learn from Aaron Schlossberg, the New York lawyer who recently went on a rant that basically ruined his reputation as a lawyer

Resources Mentioned:

Blink – Malcolm Gladwell

Erin Gerstenzang episode

Aaron Schlossberg - NY attorney

http://abc13.com/society/ny-attorney-in-racist-rant-kicked-out-of-office/3488994/

https://ny.eater.com/2018/5/18/17368288/aaron-schlossberg-racist-rant-lawyer-ice

https://ethicalnag.org/2010/10/15/why-doctors-get-sued/

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.