The Lawyer's Edge

Heidi K. Brown is the Associate Dean for Upper Level Writing at the New York Law School and a former litigator in the construction industry. As a University of Virginia School of Law graduate, she earned her master's degree in applied positive psychology in 2021. Heidi is an internationally recognized speaker and the author of three books about lawyer and law student well-being, including The Introverted Lawyer, Untangling Fear in Lawyering, and The Flourishing Lawyer.

Having struggled with performance anxiety as a law student, attorney, and new law professor, Heidi untangled her fears and embraced authenticity as a powerful asset in teaching and practicing law. She advocates for openly discussing stressors, anxieties, and fears in the legal profession.

Heidi has garnered several awards for her work, including recognition for outstanding contributions to well-being and legal education from the Association of American Law School's section on balancing well-being and legal education. She helps quiet and anxious law students and lawyers harness individual strengths to become advocates for work and achieve optimal performance and well-being.

When facing public speaking anxiety and other stressors, lawyers and law students are often told to fake it until they make it or simply conquer their fears. Yet this advice is futile for introverts who rely on quiet spaces to recharge. How can lawyers (whether or not they are introverts) overcome these anxieties by leveraging their authentic personas, and how can law firm leaders support this practice?

Having wrestled with introversion, social anxiety, and shyness, legal well-being advocate Heidi K. Brown struggled to overcome deeply embedded fears of judgment and criticism that caused her to shut down. After researching these widespread experiences, she learned that while these lawyers often can't perform in the same manner as their extroverted counterparts, they can harness unique skills through legal writing and creative problem-solving to gain confidence and execute their authentic selves. This requires deconstructing fears by identifying their physical manifestations. When law firm leaders encourage creativity and authenticity, they benefit from optimal performance, potential, and intelligence.

In today's episode of The Lawyer's Edge Podcast, Elise Holtzman interviews Heidi K. Brown, a prolific author on how lawyers thrive and the Associate Dean for Upper Level Writing at the New York Law School, about promoting lawyer and law students' performance and well-being. Heidi describes the difference between introversion and shyness, how she honed an authentic public speaking persona, and notable takeaways from her books.

Shaun Jardine is the Managing Director of Big Yellow Penguin, which encourages businesses to adopt alternative pricing methods. As a non-practicing solicitor and mediator, Shaun served as the Commercial Director and CEO of Brethertons LLP, a top UK 250 law firm. During his tenure, he led the design and implementation of a value-based pricing project that reflected the services delivered to clients.

Shaun is the author of Ditch The Billable Hour!, which is scheduled for publication on January 22, 2024. With experience in marketing and business development, he has created large and exceptional legal teams in niche areas, including property management debt recovery, catastrophic injury, and leasehold enfranchisement.

As an international speaker, Shaun has spoken at business and legal industry events in the UK and the US to advocate for business pricing changes. With a unique insight into what makes law firms tick, he helps them understand why and how to transition from billable hours to value pricing.

Law firms have employed the billable hour pricing method for decades. Should they keep doing it? It turns out that the billable hour can actually hinder revenue growth and that value-based pricing is a viable, growth-oriented alternative when used properly. What are the benefits of value pricing, and how can law firms implement it to boost their bottom lines?

Lawyers aren't always receptive to change, so when introduced to the concept of value pricing, they may resist based on the belief that their clients won't benefit from it. However, having implemented value-based pricing at a leading law firm, seasoned mitigator Shaun Jardine says that allowing clients to choose between various service levels priced accordingly creates transparency and maximizes the service value clients receive. Additionally, this system provides clients with clear terms and conditions while ensuring more precise financial forecasting for firms. Implementing value pricing requires creating a pilot program to categorize and price each service appropriately to maintain consistency throughout the firm.

In today's episode of The Lawyer's Edge Podcast, Elise Holtzman welcomes Shaun Jardine, the Managing Director of Big Yellow Penguin and the author of Ditch the Billable Hour: Implementing Value-Based Pricing in a Law Firm, to talk about transitioning from the billable hour to value pricing. Shaun explains the differences between flat fee billing and value-based pricing, how to structure service prices, and his career trajectory from recovering lawyer to value pricing advocate.

Erin Kuzz is a Founding Partner and Lawyer at Sherrard Kuzz LLP, a labor and employment law firm. In her practice, she assists employers in various aspects of the employment relationship, including pre-screening and hiring, employment contracts, training and development, and employment standards issues. Erin also consults with non-union employers and helps unionized employers manage issues like bargaining and grievance arbitration and ending employment relationships.

Erin is recognized as one of Canada's leading labor and employment lawyers by Lexpert, Chambers Global, Who's Who Legal, and Best Lawyers. As a leading lawyer, she is a Fellow of the College of Labor and Employment Lawyers and the former Chair of the Labor and Employment Section of the Ontario Bar Association.

Erin speaks frequently at national conferences about various labor and employment law topics and has taught at Canada's leading law schools. Having founded Sherrard Kuzz in 2001 and practiced for over 25 years, she understands that investing in your lawyers' personal and professional growth is crucial for firm success.

Traditionally, attorneys remained loyal to a single firm, advancing from junior associate to partner. Today, lawyers shift from firm to firm to pursue greater development opportunities with leaders who prioritize their personal and professional endeavors. In particular, women lawyers struggle to balance raising children, caring for aging parents, and excelling in their careers. How can law firms invest in their attorneys to retain top talent?

As a seasoned attorney, Erin Kuzz received backlash and harsh demands from male senior lawyers. After taking the reins and becoming a partner, she gained the respect of her peers. Having witnessed young lawyers leave firms that don't nurture their abilities and needs, Erin recommends these firms remain flexible to allow attorneys to prioritize responsibilities and explore additional growth opportunities. Even if your lawyers leave your firm to pursue other possibilities, they're more likely to return when you invest in their personal and professional development.

In today's episode of The Lawyer's Edge Podcast, Elise Holtzman hosts Erin Kuzz, the Founding Partner and Lawyer at Sherrard Kuzz LLP, to talk about the investments law firms should make in their lawyers. Erin shares her initial mistakes as a partner, how to manage burnout as a female lawyer, and the lessons she learned from some of her most valued mentors.

Rich Bracken is an executive speaker coach, corporate culture consultant, and keynote speaker on emotional intelligence, leadership, motivation, and business differentiation. For over 20 years, he has researched how various leadership styles and employee engagement tactics impact businesses and teams. Through content, thought leadership, data-driven insights, and research, Rich drives sustainable change for individuals and organizations.

As a trusted advisor, he has been featured on media channels such as Fox News, CBS News, and Reader's Digest and has worked with global organizations, including the Legal Marketing Association. Rich is also the Founder of RB Consulting, a performance improvement firm focused on coaching and consulting top business leaders, organizations, and celebrities on goal achievement, personal branding, and public speaking.

Rich has served as a professor of leadership, creating educational and training videos for internal leadership development. As a media personality and passionate servant leader, his unique blend of empathy and positivity resonates with professionals from diverse backgrounds. Rich's ability to combine knowledge with compassion and results with care allows him to cultivate organizational well-being and teach executives how to increase their emotional intelligence to earn more and stress less.

The legal profession is considered one of the most demanding careers, with lawyers regularly encountering high-stress situations. These high-pressure circumstances trigger the fight-or-flight response, pushing you to persist but impacting critical thinking and compromising performance and client relationships. How can you reduce stress in your personal and professional life to boost productivity and increase your income?

After a severe panic attack that left him hospitalized, Rich Bracken discovered the value of emotional intelligence for identifying and managing stress. Developing this skill requires possessing the self-awareness to recognize your emotions and adjusting your responses to manage these feelings effectively. Yet research shows that only 15% of people are emotionally intelligent, and lawyers are highly skeptical of this school of thought. Rich maintains that lawyer burnout is inevitable, so rather than waiting for it to occur, you can take time to document your emotions and restructure your day accordingly.

Tune in to this edition of The Lawyer's Edge Podcast as host Elise Holtzman introduces executive speaker coach Rich Bracken, who talks about developing emotional intelligence to reduce stress and maximize income. Rich describes how to identify your emotional strengths and weaknesses, how highly sensitive servant leaders can cultivate emotional intelligence, and his engaging program for mastering the skill.

Barnaby Merrill is an Editor for The Legal 500, one of the world's leading legal directories, which annually updates its comprehensive research to provide insights into the global legal market. The publication assesses the strength of law firms in more than 150 jurisdictions. As editor of The Legal 500's US-related content, Barnaby is responsible for the annual rankings of more than 300 US law firms across various practice areas.

He joined The Legal 500 after receiving a BA in history and politics and a Masters in US foreign policy. With experience in writing, interviewing, and research, Barnaby has conducted research for several Legal 500 guides and contributed to its magazine as a writer. He also hosts The Legal 500 Podcast, where he interviews lawyers and law professionals about key issues, including social mobility and ESG.

Barnaby, an active participant in the coverage of the US legal market, analyzes long-term law firm strategies. The primary focus of his work is to assess the 15-year success rate of top firms. His research and expertise enable him to provide valuable insights into the trends and patterns that shape the US legal market. Through his work, Barnaby contributes significantly to understanding the strategies that lead to long-term success in the legal industry.

Amid economic volatility, clients spend less, and law firms try to maintain profitability while adapting to emerging trends and demands. As the industry focuses on technology investments and developing ESG principles and internal culture, it may seem difficult to prioritize these initiatives. How can you ensure the ongoing success of your law firm well into the future?

With a deep understanding of the US legal market, Barnaby Merrill notes that leading law firms forecast and analyze overall market trends to develop long-term strategies. Rather than observing adjacent law firms in your sector, it's wise to assess the larger business community for client needs, emerging work styles, and culture integrations. To remain successful over the next 15 years, you must listen to clients, legal talent, and the legal and business market to establish a robust culture and future-proof your firm.

In this episode of The Lawyer's Edge Podcast, Elise Holtzman chats with Barnaby Merrill, Editor for The Legal 500 United States, about how to assess and drive law firm success. Barnaby explains how The Legal 500 assesses law firm efficacy, how to select qualified law firm leaders, and strategies for addressing client demands.

Roslyn Tsao is the Managing Partner at Epstein Cole LLP, a boutique family law firm where she manages operations, recruitment, and student programs. As a family law attorney, she specializes in parenting arrangements, property division, and support issues and represents high-net-worth individuals with complex assets or compensation structures. Roslyn has appeared on motions, conferences, and trials in the Ontario Superior Court of Justice and argued appeals at the Ontario Court of Appeal.

She is also frequently retained as a mediator and arbitrator in private disputes. Roslyn is an Associate Editor of the Reports of Family Law and has taught family law courses at Osgoode Hall Law School and will teach at the University of Toronto Law School in 2024. She is the 2022 recipient of the Award of Excellence in Family Law and has a Band 1 ranking in the Chambers & Partners Global High Net Worth Guide in Family/Matrimonial.

With prior experience in employment, wills and estates, criminal, real estate, and taxation law, Roslyn has achieved favorable outcomes for clients by focusing on practical, results-oriented legal advice and ongoing dialogue. Her expertise in the courtroom and role as Managing Partner enables her to manage attorneys effectively to drive law firm efficiency and performance.

Our legal education certainly didn't cover how to best manage and lead people, meaning that most lawyers who assume leadership roles are learning on the job and figuring it out as they go (or to put it another way, "flying by the seat of their pants"). When you are one doing the managing and leading, what are some of the ways in which you can facilitate productivity and efficiency at your firm while at the same time fostering a desirable organizational culture?

With over three decades of experience in the legal field, family law attorney Roslyn Tsao has become a coveted leader at her firm. She notes that attorneys today prioritize satisfaction in their careers and personal lives, so managing partners should facilitate a delicate balance to encourage professional development. Identifying your staff's needs, strengths, and weaknesses allows you to cultivate empathy, deliver value, and boost performance and your firm's bottom line. Additionally, Roslyn emphasizes educating lawyers on supplemental roles at the firm to reduce workload.

Join Elise Holtzman for this episode of The Lawyer's Edge Podcast as she interviews Roslyn Tsao, the Managing Partner at Epstein Cole LLP, about her experience managing lawyers to increase firm productivity and efficiency. Roslyn shares the ideal attributes of lawyers in a boutique law firm, how to terminate attorneys tactfully, and how professional talent management roles have evolved. Spoiler alert: Empathy drives more productivity and efficiency!

Bree Buchanan is a Senior Advisor at Krill Strategies, which improves lawyer well-being by reducing the impact of mental health issues and substance abuse in the legal profession. With a 30-year career as a litigator, lobbyist, law professor, and legal assistance program director, she was a Founding Co-chair of the National Task Force of Lawyer Well-Being and co-authored its report, The Path to Well-Being.

Bree is a member of the Lawyer Well-Being Committee of the National Bar Association. From 2013-2018, she was the Director of the Texas Lawyers Assistance Program, where she worked with lawyers experiencing behavioral health issues and legal employers seeking resources and support for their staff. Bree frequently speaks for national and international law organizations and global law firms on lawyer well-being and impairment issues.

As the co-host of the Path to Well-Being in Law podcast, Bree shares her story of addiction recovery, and her writing has appeared in publications, including Law Practice Today and The American Lawyer. With a warm presentation style and engaging presence, she breaks the stigma and silence of mental health to tackle the crisis in the legal industry.

According to the ALM, 35% of lawyers feel detached and isolated, often leading to anxiety, depression, and substance abuse disorders. This is especially prevalent among younger attorneys, who must navigate steep learning curves and face pressure to exceed expectations. What resources can law firms offer to promote lawyers' mental health and well-being?

With so much stigma surrounding mental health in the legal profession, many lawyers struggle to disclose their challenges. After experiencing burnout and alcoholism from a demanding career in law, Bree Buchanan became dedicated to sharing her experiences with others. Hearing stories from lawyers facing similar issues fosters connection and encouragement to seek help. Additionally, law firms can provide confidential employee assistance programs (EAP) with professional psychologists. However, reducing the pervasiveness of mental health issues in the legal profession requires easing work-hour expectations and motivating employees to take vacation time.

In today's episode of The Lawyer's Edge Podcast, Elise Holtzman welcomes her guest Bree Buchanan, a Senior Advisor at Krill Strategies, for a conversation about addressing the mental health crisis in the legal profession. Bree shares mental health resources promoting confidentiality, how to raise awareness of substance abuse in the industry, and the increased mental health epidemic among younger lawyers.

Jessica Fairchild is a Partner at Croke Fairchild Duarte & Beres, a certified women's business enterprise counseling clients ranging from startups to Fortune 500 companies. As a lawyer, law firm leader, women's advocate, and entrepreneur, she serves as Co-chair of the firm's Management Committee.

Over her 23-year legal career, Jessica has served as a mergers and acquisitions attorney, counseling founders, private equity sponsors, family enterprises, and corporations on both the buyer and seller sides. She also has experience with general counsel law and corporate governance, securities, joint ventures, and negotiating sponsorship transactions and key commercial agreements.

Before founding Croke Fairchild, Jessica founded and managed several additional law firms and served as General Counsel for Chicago 2016, the non-profit and civic organization that led Chicago's bid for the 2016 Olympic and Paralympic games. Her flexible and entrepreneurial approach to acting as a legal and business advisor has allowed her to facilitate explosive growth for diverse organizations.

Many lawyers don't have an entrepreneurial background and may struggle to grow their firms effectively. These professionals either don't know how to execute a strategy or lose top talent when trying to maintain culture at scale. How can you build a durable and impactful law firm?

After serving as general counsel for Chicago's 2016 Olympic bid, the city lost the competition, prompting business-minded attorney Jessica Fairchild to explore additional opportunities. Her passion for entrepreneurship and desire for flexibility allowed her to launch and scale a firm that values professional growth. One of the most vital aspects of firm success is building an attractive and valuable culture. This involves providing attorneys with the flexibility to pursue their passions and allowing each team member to share ideas and voice their concerns directly to management, creating a unified environment.

On this episode of The Lawyer's Edge Podcast, Jessica Fairchild, a Partner at Croke Fairchild Duarte & Beres, joins Elise Holtzman to talk about growing a law firm through flexibility and entrepreneurship. Jessica shares her transition from BigLaw to founding a midsize law firm, the common mistakes of scaling a firm, and how to include your entire team in your culture.

Marc W. Halpert is the Managing Partner of connect2collaborate, where he trains and coaches professionals using LinkedIn. As a self-proclaimed "multipreneur," he has built three businesses and sold two of them. Marc became a solopreneur to help professionals in corporations, law firms, small companies, membership organizations, and nonprofits clarify their brand and positioning on LinkedIn.

As a LinkedIn trainer, Marc has been recognized as a high-energy speaker at national and regional conferences and an instructor to sales, marketing, HR, and training departments at professional service firms. He ranked on the top five list of fastest growth in the number of followers among global LinkedIn coaches and trainers.

Marc has written two books on LinkedIn marketing and articles in national publications on using the latest LinkedIn techniques for self-branding. His specialty in customized personal coaching has helped individuals in various industries use LinkedIn to express their WHY.

Most lawyers have LinkedIn profiles, but many aren't updated or optimized for their target audiences. An inactive profile with outdated credentials deters potential clients, limiting attorneys' recognition and authority. How can you leverage LinkedIn to communicate your value proposition and clarify your WHY?

As a renowned LinkedIn coach and marketing consultant, Marc Halpert understands the platform's value in distinguishing yourself and creating lasting impressions. Prospects will likely browse your profile after receiving a referral, so posting engaging and informative content and crafting a bio that aligns with your professional purpose keeps you relevant. Each post should demonstrate your area of expertise, encourage commentary, and include calls to action. However, most lawyers must maintain ethical and professional standards, so ensure your posts are accurate and justifiable.

In today's episode of The Lawyer's Edge Podcast, Elise Holtzman is joined by Marc W. Halpert, the Managing Partner of connect2collaborate, who shares techniques for using LinkedIn to market your WHY. Marc discusses the top LinkedIn marketing mistakes, how law firms can build their brands on the platform, and how to use AI responsibly to develop LinkedIn profiles.

Carole Piovesan is the Managing Partner of INQ Law, which helps clients navigate complex data collection and use regulations. She counsels clients on matters including privacy, cyber readiness and breach response, data governance, ethical AI, and responsible innovation. As a member of the OECD.AI Policy Observatory, Carole helps shape data law, policy, and standards in Canada and globally, contributing to various organizations, including the Global Partnership on AI.

As a seasoned litigator, Carole has represented clients within all levels of court in Ontario and the Supreme Court of Canada. She teaches, speaks, and writes about cybersecurity, privacy, data law, and AI topics and has been featured on the CBC and other news outlets. Carole is an Adjunct Professor of AI regulation at the University of Toronto and the co-editor of Leading Legal Disruption.

Carole was appointed by the federal Minister of Innovation to serve as one of six digital leaders in the national data and digital transformation consultations. In this role, she consulted with businesses, academics, and civil society and industry associations to inform the first national Digital Charter. Her expertise in AI qualifies her to advise lawyers on the responsible use of ChatGPT and other forms of generative AI.

With the rapid adoption of AI, law firms are employing this technology to review contracts and assess documents during electronic discovery. However, AI often misconstrues inherently biased data, and without reviewing its output, lawyers and firms risk legal violations. How can you leverage AI technologies responsibly and ethically?

As a litigator and data privacy consultant, Carole Piovesan advises attorneys on AI's legal implications and helps develop governance programs. These initiatives involve performing third-party bias and model assessments on high-risk AI to secure confidential data. When inputting data into an AI system, Carole says to ascertain the information's location to protect it from open-source databases. Additionally, firms must provide adequate lawyer training, oversight, and output controls to develop a beneficial AI program.

On this episode of The Lawyer's Edge Podcast, Carole Piovesan, the Managing Partner of INQ Law, joins Elise Holtzman to discuss how lawyers and firms can develop AI governance programs that will increase value and reduce reputational and legal risks. Carole shares the dangers of high-risk AI, how to adapt to evolving AI use cases and regulations, and her research on the integration of AI and law.