Lawyers Gone Ethical

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

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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.

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.

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

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 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.

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:

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.

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.

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.

Lisa's Website

More on the Lawyer-Scientist Designation

Lisa on Instagram

The Stephen Colbert Video Lisa Talked About

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.

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.

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.

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.

Connect with Jordan:

Jordan on Twitter: @Jordanschuetzle

Thomson Reuters Website

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.

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.

Links to Resources:

Billing and Getting Paid Ethically How Law Firms Are Getting Paid in 2019 How Lawyers Get Paid Faster

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.

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.

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.

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.

The links for the ABA opinions:

Formal Opinion 481 Link

Formal Opinion 483 Link

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.