Lawyers Gone Ethical

Have you ever sent in an application and had no idea what the processing time of it being completed would be? The moral character application is very important and it is best if you have questions to just ask advice on it. We have examined this topic before and will be bringing it up again since there has been a lot of consultations about the moral character application. Tune in and discover how knowing the process can help relieve the anxiety of the application and actual issues that arise.

Show Highlights:

• A short story about the Empowerment Conference from over the weekend
• Parenting goals and helping children believe they can do something in the future that is self-designed and not just on someone else's whim
• Why Megan brought her children to the conference
• Why we will discuss moral character applications
• Demystifying the process of the moral character application is a great value
• Get advice from others who know the process of the application
• Read questions on the application very carefully so you know what is actually being asked
• Disclosing your story/information on the application
• Honor code violations
• Getting records and the time it takes to get them back
• If you need advice get it and get it early on

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:

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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 take time to work on your own wellness? Wellness has gotten a lot more attention in recent years within our profession, which is good. Wellness activities can be group runs, yoga classes, and maybe even workshop sessions talking about wellness.

Jennifer Longtin is a criminal defense attorney in Denver Colorado that specializes in mental health-related criminal defense. She owns a firm called JLongtin Law, and her practice tries to address community issues and access to justice, as well as providing great compassionate criminal defense for their clients. Jen brings a unique perspective as she also represents people who are suffering from ailments that relate back to wellness. Her attorneys in her office and herself are dealing with this stress and it goes beyond what some of us do as many issues come from wellness such as high addiction rates, suicide rates, depression rates, and divorce rates. Tune in today and hear how we can think outside the box with strategies to help with wellness.

Show Highlights:

• The spectrum of mental wellness
• The types of law that takes on other people's problems
• Special victims prosecutors and how hard their job is
• Having walls up in your head to block out certain parts of your day
• Serious mental illnesses, and helping the clients get into structured programs
• Supporting each other
• What we can do with the next generation
• It is okay to take a day to yourself if you need it
• Out of the box strategies to help with wellness

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.

Jen Longtin Website

Email: [email protected]

Have you felt the pressure to take on a client that you knew might not be a good fit for you? There are many consequences if you take on these clients because of the pressure to pay the bills.

Today we will learn how to avoid clients that are maybe just not the best ones for your practice. If there are red flags that come up as you are bringing clients into the firm, then it is time to take action. It is easier to turn them away at the beginning than it is to terminate the relationship down the line. Join us today as we learn what actions you can take and systems to put in place to avoid taking on the wrong clients.

Show Highlights:

• Crazy story that came out about a Michigan lawyer
• What fits for your firm, ideal clients are different for everyone
• Potential consequences for taking on the wrong clients
• Putting a system into place to analyze incoming work
• First question as you put together the system - what issues have you had in the past with the clients that have gone bad?
• The issue of the source, such as referrals
• Ask others in your practice area what they think the risk factors are
• Other questions to ask on the intake forms to filter out bad clients
• It's important to have in your system what you do not want to take on even if for a personal reason
• Have your analysis ready before the clients come in.
• Not wanting the case? You need to be clear with yourself and your position.
• Referring the client to someone else
• Solutions to defuse any frustration with clients

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.

Have you seen something on social media lately that makes you angry or makes you want to help? Today we hear how social media can be one of the most effective ways to solve a crisis. Not only is our guest great at his career, he is using social media strategies that not everyone makes use of.

Greg Siskind, is an Immigration Lawyer who has learned how to utilize social media to help his own practice and his clients too. On Episode 16, Wayne Pollock was our guest and he strategized utilizing the media effectively from an ethics perspective. Greg will talk about actually using this strategy on one of his cases (Immigration case). Join us today and discover the magic of social media for your practice!

Show Highlights:

• Story from Greg of getting a ticket on a one-way street
• How Greg uses the court of public opinion
• Immigration Case Greg worked for a husband and wife, while the wife was pregnant
• Dealing with Immigration and Customs Enforcement - ICE
• Dealing with the court during the Government shut down
• Working through issues such as confidentiality and client consent
• How the media can be one of the most effective ways to solve a crisis
• Dangers of asking clients too soon to post on social media

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.

Greg Siskind Twitter handle: @gsiskind

Greg Siskind Website

Technology is pulling lawyers and law practices into the modern age but how can you, as a lawyer and business owner, use technology to improve your practice management while remaining compliant with the ethics rules? Along with using technology, how can you apply project management concepts to improve your business?

I'm joined by John Grant, Founder of the Agile Attorney network. John works with lawyers and legal teams, acting as an outside COO to help them uncover new ways of practicing law.

What We Discuss in This Episode:

• Why lawyers seek to derive intrinsic value from their practices
• What the correlation is between the first five rules of the ABA Model Rules of Professional Conduct and project management?
• What project management is and how it's applied in a law firm setting
• The lean startup methodology, the minimum viable product and how lawyers can apply this concept while writing briefs
• What ethics rules lawyers must be aware of when they're applying project management methodologies
• Can certain project management methods improve client-attorney relationships?
• Can you effectively and competently represent a client when applying lean methodology?
• How value is determined and measured
• How your law practice processes evolve the more you test procedures and listen to your clients
• Should you utilize a quality control checklist when you're drafting motions or conducting research and if so, what should be included on the list?

Resources Mentioned:

** UPDATED MARCH 2019 – John Grant's Agile Productivity for Legal Professionals course is now available at https://agile.legal/p/agile-productivity-for-legal/?product_id=1062770.

Drive by Daniel Pink

ABA Rules of Professional Conduct Rules 1.1-1.5

The Lean Startup by Eric Ries

Toward an Anthropological Theory of Value by David Graeber

Billie Tarascio - The Lawyerist Podcast interview

Oregon State Bar PLF (Professional Liability Fund)

Kaizan

John's webinar

Contact Information

Twitter: https://twitter.com/jegrant3

www.agileattorney.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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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.

On Today's episode, we will discuss representing yourself, and how it can be the only feasible option for some lawyers. Our host Megan does not think self-representation is such a terrible idea. Tune in today and hear why it can be a good idea to represent yourself.

Show Highlights:

• Everyone's experience representing themselves is different
• The balance between personal life and work
• Why it is not always such a terrible idea to represent yourself
• Things you still need to do when you are representing yourself
• Your own case needs to be treated with the importance that it deserves
• If you get to a point when you are defending yourself and you feel you are out of your area, always call in help and get what you need
• You learn a lot about yourself, strengths and weaknesses
• Attorney discipline and the criteria that is important to represent yourself
• Attorney's capabilities and how they help you or not
• You need to be rational, responsible and realistic when evaluating the entire case
• When you cannot represent yourself

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.

On today's episode, we will discuss Trust Accounts, Interest on Lawyers Trust Accounts (IOLTA). We are is finding there are a lot of questions about IOLTAs, and that there are many attorneys that could benefit from best practices for them. Join us today as we discover what you should know about IOLTA's and some safeguards to help deal with the banking industry.

Show Highlights:

• What an IOLTA is and a distinction on them
• Best practices for IOLTA's:
• • 1. First off read your rules for all states you are practicing
  • 2. Make sure you are the only signatory on your trust account
  • 3. Make sure you are reconciling your trust account monthly
  • 4. Keep the records that your bar wants you to keep
  • 5. Your trust account should be at a different bank than the rest of your accounts
  • 6. Make sure you are withdrawing regularly
• Misappropriation and what it means with your trust account
• Commingling and what it means with your trust account
• Violations with trust accounts and consequences
• Start with your bar for resources if you are feeling overwhelmed

IOLTA Rules for California Click here

Here's the article I mentioned in the show.

Here's a video that is on point on this topic as well:

https://www.youtube.com/watch?v=VY6cn_51yek

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.

We've all heard tales of the horror stories from attorney-client relationships that have gone horribly wrong. Regardless of who is right and who is wrong, both parties suffer when this happens. With a few simple guidelines and a few hours of your time, you can implement a process that will help you and your clients have a successful relationship!

Today's topic will focus on how a couple hours each year, you should reevaluate your fee agreements, which are also known as client engagement letters and retainer agreements. The fee agreement is fundamental to establishing the relationship. Listen today and discover how this document can get your attorney-client relationship started the right way!

What We Discuss in this Episode:

• Why a fee agreement is so important and is a foundational document
• What a fee agreement is for
• Key points on client engagement letters:
• • 1. Identify who the client is, as it is a critical question
  • 2. What have you agreed to do for them, the scope of the engagement written very clearly
  • 3. Terms of payment are clear
  • 4. What should happen if you disagree with a client – Fee Arbitrations, Dispute resolutions, and mediation clause
• Mediation between the parties that can help with communication
• Strongly suggest starting with sample agreements put out by your state
• Other important clauses, like the Cooperation clause
• Document retention policy – and two things:
• • 1. How long a client can expect you to have a copy of everything
  • 2. What's going to happen with the original documents
• Modes of communication
• Social media release and if it can be in the fee agreement
• Feedback and reviews in the fee agreement

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.

With increased competition from other lawyers as well as legal companies, the legal client nowadays has a lot of choices when it comes to hiring legal help. That's why it is crucial for lawyers to recognize the importance of crafting a positive client experience that motivates the potential client to want to work with you (as opposed to just "have to" work with you).

Joining me on the show today is Jess Birken. Through her innovative subscription services, Jess serves non-profit and art organizations in Minneapolis. She previously appeared on Episode 14 and Episode 38.

What We Discuss in this Episode:

• How do you make your clients want to call you as opposed to have to call you?
• How Jess is building her subscription services
• Why the client experience has become of utmost importance
• How the definition of "luxury" in restaurants evolved and what we can learn from that service industry
• My husband's unfortunate experience with Starbucks
• Should you be concerned with what your client is experiencing with every interaction with you?
• Jess's experience with a car dealership that exemplifies customer loyalty
• How do you map your customer's journey?
• Thinking about your customer journey is one thing. Taking action and implementing change is another
• Don't get overwhelmed if you're just starting out. A small step at a time is the way to go
• The importance of asking your clients for feedback

Resources Mentioned:

Jess's YouTube videos on scheduling and delegation

Contact Information:

Jess's website

Find Jess at

Twitter https://twitter.com/JessBirken

Website www.hackyourpractice.lawyer

Jess' subscription service https://birkenlaw.com/mission-guardian/

Sarah Smerage article https://www.linkedin.com/pulse/how-create-client-journey-map-sarah-smerage/

Our YouTube videos about acuity scheduling for managing intake

Part 1 https://youtu.be/aQj6darUCu4

Part 2 https://youtu.be/fwVXtwVizGw

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.

I recorded this episode while I was in the middle of a trial. I noticed that while we cover a lot of ethics-related topics on this show, all of the topics, like self-care and crossing ethical boundaries, become extremely apparent when you're in trial. That's why I'm sharing my insight on the good, the bad, and the ugly parts of trial and how you can get through them.

What I Cover in This Episode:

• Civility in trial and how that is tested during trial
• The way that the attorneys behave during trial can be of utmost importance to many judges
• The types of behaviors between opposing counsel that would qualify as "unprofessional"
• Why it's important to keep your word when it comes to trial exhibits and witness lists
• Don't bother with baseless objections. They waste everyone's time
• How can you maintain self-care during trial?
• Continue to check your email, even during trial, because people expect to hear from you
• Set expectations with an email Out of Office responder
• Make sure your phone is being answered while you're in trial
• Why it's important to manage your stress levels during trial by taking time for yourself (even though it's hard)
• Always remember to have fun and enjoy the process

Send me your favorite tips to care for yourself during trial!

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.