Lawyers Gone Ethical

The legal profession is evolving and yet, so many of the ethics rules can't seem to keep up. They are simply outdated and need a 21st century facelift. I'm joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today.

What We Discuss in This Episode:

• Why the rules need to be updated in order to spur innovation in the legal profession
• How Rule 5.4 as it currently stands affects who lawyers can share profits with (even when it comes to their own paralegals)
• What is Rule 5.4 designed to protect against? Is that still a relevant concern nowadays?
• How other rules, like Rule 4.2 - communication with a represented person, and Rule 4.3 - dealing with an unrepresented person, contradict Rule 5.4
• Why the belief that lawyers are improperly influenced by third parties is not based on any empirical data
• How legal companies run by non-lawyers aren't restricted like lawyers are so they're able to innovate faster
• Rules restricting practicing in multiple jurisdictions unless admitted to those bars - are they unrealistic in our current legal climate?
• Are lawyer non-compete agreements beneficial?

Resources Mentioned:

Bates v. Arizona State Bar

ABA Model Rule 1.1

ABA Model Rule 4.2

ABA Model Rule 4.3

ABA Model Rule 5.4

ABA Model Rule 5.5

ABA Model Rule 5.6

Contact

Eric's Twitter @ethics_maven

www.ethicsmaven.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:

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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.

What ethics rules are outdated and need a 21st century makeover? My guest, Eric Cooperstein, and I discuss a few of the rules that need a facelift in order to help lawyers do what they do best and spur innovation in the legal profession. We explore the relevance of advertising rules, profit sharing rules, and lawyer non-compete agreements.

What does kindness have to do with ethics complaints? Well, possibly a lot! I believe that if more lawyers practiced kindness towards their clients and even towards opposing counsel, even when it is difficult to do so, there would be fewer ethics complaints filed against them. That's exactly what I discuss in this episode.

What I Discuss In This Episode:

• What does it mean to be kind?
• Who do we need to be kind to and why?
• What should lawyers do to insure their clients are happy?
• What role does kindness play in the attorney-client relationship?
• How does kindness make you a better lawyer?
• What can a lawyer do once a Bar complaint has already been filed
• Can kindness be self-satisfying?

Resources Mentioned

The Lawyerist Podcast by Sam Glover and Aaron Street

Billie Tarascio

My Contact Information:

Twitter: @zaviehlaw

Facebook: Zavieh Law

Email: [email protected]

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

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 words “kindness” and “lawyers” aren’t often used in the same sentence but perhaps they should be! In this episode, I make my argument for kindness, specifically the role of kindness in helping lawyers reduce the amount of ethical complaints filed against them.

Show Notes

Is that contact form on your website compliant with the ethical rules? How should you handle negative online reviews by clients? The ethics rules can be complicated and often times, lawyers just don't know that they're violating them.

In this episode, I'm joined by Atlanta criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. We are talking about five specific areas that can be danger zones for solos and small firms when it comes to the ethics rules.

What We Discuss in This Episode:

• Can you rely on marketing experts when they're not familiar with the ethical rules?
• How can you use Contact Forms on your website appropriately, especially if your marketing company is tracking submitted data
• What is the level of competency the ABA requires regarding use of technology
• When it comes to negative online reviews, how and when should you respond?
• How can you best use positive online reviews?
• What can lawyers learn from Disney when it comes to customer service
• Can you talk freely about your client's case with other lawyers, such as on listserves?
• Why so many of the current ethical rules need to be rewritten to reflect the current reality of the practice of law
• When it comes to cybersecurity, are lawyers doing what they need to do to make sure email communications are secure?
• What can you start doing today to create more secure passwords
• Is wifi really secure?

Resources

Hunter v. Virginia State Bar

1Password

LastPass

LifeLock

Virtual Private Network (VPN)

Lawyerist

Clio

MyCase

Rocket Matter

Contact Information

Social media: @ehglawfirm

Website: www.ehglawfirm.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.

Lawyers break ethical rules every day. Most of the time, they don’t even realize it! In this episode, I’m joined by legal ethics enthusiast, Erin Gerstenzang, who shares the top 5 ethical mistakes she sees lawyers making. She offers her insight on how to deal with negative online reviews, properly use case management software, communicate in lawyer listserves, and deal with cybersecurity.

In my first episode, I start off with a short introduction of who I am. I am an ethics attorney practicing primarily in California, and in short, I save lawyers' careers.

I also wanted to make my first episode useful and practical for you so I'm tackling a critical topic that I deal with frequently and that is: what should you do if you receive a bar complaint?

What You'll Learn In This Episode:

• Why the first thing to do when you receive a bar complaint is to not panic and just read the letter several times
• Calendar the date by which you need to respond
• Then analyze the underlying events and facts
• How you can protect yourself against a complaint by a client without waiving attorney-client confidentiality (and when is it ok to break privilege?)
• Where you can do some research to better understand the potential consequences
• Should you respond on your own or seek help?
• If you're going to respond and defend yourself, what should you include in your response?

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]come

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.

If you’re a lawyer looking for a deeper understanding of the ethics rules because you know that knowing them will help you expand and grow your practice, then you’re in the right place. In my first episode, I share a little bit about myself and then I dive into a critical topic that many lawyers deal with: what to do if you receive a bar complaint.