Legal Ease Blog

Interview with Nicole Galli of Women Owned Law

Nicole Galli, Esq. Women Owned Law

I recently had the pleasure of conducting what I hope with be the first of many interviews with experts, legal innovators and other interesting folks in the legal field with  Nicole Galli, an intellectual property litigator and trade secrets lawyer who is also the founder and President of Women Owned Law (WOL), a network for women-owned law and legal services firms.

Nicole and I talked about a number of topics, including networking, challenges facing women lawyers today, why and how she started WOL, and how WOL can help women lawyers and other women in the legal industry. We also chat a bit about grit and resilience.

I'm planning to do a series of these interviews and eventually turn it into a full-fledged podcast, but for now, click below to play the interview:

Nicole Galli interview 2018

As noted on their site,

WOL is a national organization for women owned law and legal services firms to provide a forum for networking opportunities; to increase visibility and media coverage of women entrepreneurs; to help interested firms grow into larger organizations with significant influence in the legal industry; and to provide an “on ramp” for women considering their own legal ventures.

WOL offers several different types of memberships for individuals, law firms, and other organizations in the legal space. Learn more about WOL here.

How to Run a More Efficient & Profitable Small or Solo Law Practice with Virtual Receptionists

Guest post by Maddy Martin of Smith.ai.

 

When you’re running a law firm on your own or with just a couple partners, you’re shouldering more than just lawyering work. Responsibilities for administrative, marketing, and operational tasks fall on your shoulders, and there’s only so much time in a day. Finding ways to take work off your plate that don’t require your unique skill set as a lawyer means more time for profitable (read: billable) work.

Virtual receptionists have been a popular choice for small-firm and solo lawyers for over a decade, to help them minimize distractions and gain efficiency. But many attorneys are still reluctant to take the leap and hand-off tasks that take up precious time. The most common reasons related to a lack of comfort, trust, attention to detail, comprehensiveness of services, and personal touch.

To be sure, not every virtual receptionist service delivers enough value to warrant their payment, setup, and coordination. An answering service that only answers calls and takes messages will provide limited value. But, having a remote receptionist service that does that, plus schedule appointments, qualify leads, intake new clients, return calls, and other significant and valuable tasks is wholly worthwhile.

If you’re not yet using a virtual receptionist service, here are 5 major ways it can help you streamline your law firm’s operations to maximize efficiency and profit.

 1. Lead Capture & Qualification (Plus, Monetize “Bad” Leads)

 New leads come from referrals, Facebook, Google, Avvo, and many other sources. You might even be paying for ads or premium placements on these sites. When a potential client sees your law practice and calls with a need for services, if you don’t pick up, they’re off to call the next firm. Chances are, it doesn’t matter whether or not they left a voicemail; they’re not waiting for a call back. If they completed a form on your website, then it’s just a matter of how quickly you respond. A receptionist service that offers lead qualification can ensure you’re capturing and assessing new leads as soon as they come in, whether they’re reaching you by phone or email.

How do these services qualify your leads? They do it based on your custom criteria. Do their needs align with your practice area? Are they in the right county? Are they willing to pay your fees? These are just a few of the questions your receptionists can use to filter out the great leads from those that won’t convert to real clients. Provide the essential questions you need your receptionists to ask leads, and they’ll capture the “good” ones.

As for the “bad” leads, a receptionist service can also help you monetize those, so the call isn’t a wash. Many attorneys earn referral fees by passing clients to attorneys in other practice areas, in other counties, and with lower fees. Just provide the list of your referrals and any instructions for the correct types of clients to pass to each one, and your receptionists can refer “bad” leads to them. If they end up working with that recommended attorney, you’ll earn your referral fee.

 2. New Client Intake

For the good leads, the process doesn’t stop at qualification. Remote receptionists can also complete new client intake. Just provide your public intake form link that you created in your CRM to your receptionists, and they’ll complete it on the new lead’s behalf during their first call. Contact information, as well as basic details of their need for an attorney, will be captured and passed directly into your CRM, taking away the need for a follow-up call or the work of taking notes from the call and copying and pasting it into your CRM.

3. Appointment Scheduling & Reminders

Once the new client intake is complete, the next step in the process is often to schedule a call-back or in-person new client appointment with you or another attorney at your firm. Your receptionist service can handle this for you, too. All you need to do it is provide access to your calendar so the receptionist can see when you’re available. They won’t be able to change or edit existing events -- they’ll only create new ones -- so there’s no risk of them changing anything on your agenda. (Note: If you use Google Calendar, Outlook, Office 365, or iCloud Calendar, a free service like Calendly makes securely sharing your calendar with a receptionist service easy.)

Before a new lead’s or existing client’s appointment, you can also request that your receptionists call leads and clients to remind them, which prevents no-shows and cancellations that waste precious time.

4. Follow-Up: Case Updates & Payments

 Hunting down clients to provide case updates and capture payment is a royal pain and can be time-consuming. Maybe a court date was changed, another document needs to be signed, or a payment installment is past due. Whatever follow-up is needed, your receptionists can take care of it for you.

You can even go the extra mile and have your receptionists reach out proactively to clients who haven’t heard an update on their case in a while or who have recently completed work with you. For example, a receptionist can call recent clients and capture information on their satisfaction with the work you completed for them. If they express positive sentiments, the receptionist can use the call as an opportunity to request a positive review on one of those sites that generate leads for your business, which builds your online reputation.

 5. Automated Workflows

Tasking your receptionist with the duties mentioned above needn’t require ongoing, hands-on maintenance and oversight. When you first get started with a receptionist service, they can capture all the required FAQs, lead-qualification criteria, new client intake questions, appointment scheduling directions, and payment processes, so calls are handled seamlessly without the need for your receptionists to bother you with “How do I…” questions. Your receptionists follow your unique workflow, so administrative and operational tasks that they’re handling on your behalf become automatic.

You can even set up certain processes to gain even greater efficiency. For example, if you have a lead form on your website that captures information from potential clients looking to hire you, every time someone completes that form, you probably receive an email with the same “New Lead” subject line. In your email settings, you can auto-forward these emails to your receptionist service and they’ll call them back quickly, increasing the chance you reach them before they’ve contacted another attorney.

Whether you’re busy or just looking to reduce interruptions in your day, these automatic call-backs by your receptionists can increase efficiency and result in more leads converting to clients, both of which improve your bottom line.

Choosing the Right Virtual Receptionist Service

It’s important to note that not every live, remote receptionist service offers lead qualification, new client intake, and outbound calls. Make sure you ask about these features when shopping around.

 Maddy Martin is the head of marketing for Smith.ai Virtual Receptionists, which offers all of the above services and more. If you’d like to sign up for Smith.ai or simply test it out with a 30-day/10-call free trial, you may do so online at https://smith.ai, by phone at (650) 727-6484, or by email at [email protected].  

Legal Ease Blog readers get $50 off your first month with code LEGALEASE. This code can be used in combination with your free trial, for a total savings of $110. I may receive a small commission if you use this link, but it's a huge savings for you!

 If you have questions about virtual receptionists and how they can help your firm be more efficient and profitable, Smith.ai support is available Monday through Friday between 6 AM and 6 PM PST at (650) 727-6484 or [email protected].

Client is Questioning a Legal Bill - Can This Relationship Be Saved?

When a client begins questioning your bills, is it the beginning of the end of the client relationship?

A lawyer recently told me, “If the client is questioning my bills, it means the client doesn’t trust me, and the relationship deteriorates from there. The relationship will end badly. It’s inevitable. It has nothing to do with me and there is nothing I can do about it.”

Is this really true?

Maybe, but then again, maybe not.

If a client is questioning a bill, it is not a foregone conclusion that the client doesn’t trust you; nor is it accurate to say that there is nothing that you can do about it.

Why do clients question lawyers’ bills?

There are many reasons why a client may question your bills. These might include:

• The client doesn’t understand what was done or why it was necessary
• The client doesn’t understand the process involved
• The client doesn’t understand your billing process
• The bill doesn’t fully describe the work performed or the effort expended on the client’s behalf
• The bill contains work that was not anticipated by the client
• The bill was much higher than the client expected

Many of these factors are within your control, and may be limited or eliminated with good billing and intake practices.

Good practices get bills paid

Use the initial client meeting to fully explain the scope of work to be performed and the fees associated with that work. Take advantage of this opportunity to fully explain all potential variables. Give the client the chance to ask questions. Many clients are reluctant to admit their ignorance of the law or the legal process and will be afraid to ask questions, but encouraging questions at the beginning can avoid headaches – and unpaid bills – later.

Avoid “surprise” bills that include unanticipated work or a higher fee than expected. No client likes to receive those kinds of bills. Communicate with the client about the work to be performed before undertaking that work. When unanticipated circumstances arise, get the client’s agreement on any new work before moving forward and explain why it must be performed and how it relates to the client’s goals and expectations. And use each bill as an opportunity to demonstrate and reinforce the value that you provide to the client.

Although there are rare occasions when it may not be possible to discuss work with the client before the work is done, the client’s first notification about unanticipated work or charges should not come when the client receives the bill. In all circumstances you should discuss the unanticipated events with the client and explain the effect on the fee before the bill is sent to the client. These conversations should take place by telephone or in person, and should not be communicated only by email in all but the most extreme circumstances.

What to do when a client questions your bill

When a client questions your bill, it is imperative that you investigate what is behind the client’s questions. What is motivating the inquiry?

There will always be some clients who will not value lawyers or the work they do, no matter how well you explain it. Others simply cannot afford your fees, and are just trying to get the bill as low as they can. But it is your responsibility to determine whether that is the case, or whether the client has legitimate questions about the work that was done and why or the amount of time expended.

When a client questions a bill, it is a good opportunity for you to reinforce value – to return the discussion you had with the client during the initial intake and to revisit the client’s goals and expectations for the engagement. If this conversation did not occur at intake, now is the time for you to explore these issues with the client to ensure that you and your client are working together toward a common goal.

Old clients, new matters

On occasion, billing questions arise when you are performing ongoing work for an existing client or the client requests new or additional work after completion of the matter for which you were originally engaged.

For example, assume a client hires you to negotiate a lease agreement at $250/hour. Once that contract has been negotiated and the lease has been signed, the client asks you to negotiate a contract with a vendor at the same $250/hour rate. Although you may have discussed the intricacies of negotiating a lease agreement with the client at the beginning of the engagement, the same may not be true for the second contract. If the vendor negotiation is more complicated or the other party is less responsive, the bill may be higher than the client expects, giving rise to questions when the client receives the bill.

Ideally, you would discuss the client’s objectives and expectations with each new item of work you undertake, and provide the client with the variables that might affect the fee, but many lawyers neglect this step with ongoing client relationships.

Hourly billing only complicates the matter, since it can be difficult to determine up front exactly how many hours will be expended on a client’s matter, particularly if the matter involves litigation or otherwise relies upon compliance or cooperation from other parties and/or their counsel. But variables and potential complications should be discussed with the client up front, and any delays or other complications should be communicated during the engagement as they occur, before the client is billed.

Billing write-offs

Another lawyer asks, “I have some clients for whom I write off a lot of time. Should I take that as a sign that I should eliminate the client? Should I itemize no-charge items on client bills? It’s time-consuming to keep track of these items, but later, the same client will question charges or skimp on necessary work to save money.”

First, explore the reasons why you are writing off time. Is it at the client’s request, or are you undercutting yourself by writing off legitimate time spent on the client’s matter before the client receives the bill? Are you writing off time because you believe the value of the services provided to the client is less than what you have billed? If so, you may need to examine the kinds of matters you are undertaking or how you are handling them.

If the client is asking for the write-off, have you adequately established the value of the work you have performed? Have you firmly established your billing practices and boundaries with the client?

While it is time-consuming, if you are going to bill based on hours, you should always keep track of all of the time you spend working for a client and always reflect it on the bill, even if (and perhaps especially if) you are not going to charge for that time. This may reduce or even eliminate instances of clients asking for a reduction for work that was necessary.

When you bill hourly, clients tend to focus on just hours, rather than on the actual work you are doing or the value you are providing to them and their business. It is especially important to show those kinds of clients that you are providing value and to show them that you are not nickel and diming them or charging them for every minute you’re working for them. It is likely that you are tracking this time to some extent anyway, so taking the few seconds it should take to create a no-charge billing entry is well worth it in client goodwill.

Keep in mind that the clients who are most focused on hours (to the exclusion of other factors) are usually not your ideal clients. You may want to use time write-offs or repeated billing questions as a way to help identify and eliminate lower value clients who are more demanding and do not value your services – but only after you’ve explored how you might salvage the relationship, set better billing practices and standards and communicate more effectively with clients about your services and your fees.

Update: This post was picked as a Technolawyer SmallLaw Pick of the Week!

New ABA Ethics Opinion on Confidentiality, Security of Client Data in Electronic Communications

Last week (May 11, 2017), the ABA issued a new ethics opinion, Formal Opinion 477, dealing with the security of communication of protected client information. Several excellent posts have already been written about the opinion, including a summary by the ABA Journal, and an article by Bob Ambrogi on his Law Sites blog, among others. The opinion is getting a lot of attention, since it updates the ABA's Formal Opinion 99-413, issued in March 1999, on protecting the confidentiality of unencrypted email. That opinion concluded that, 

Opinion 477 is getting a lot of attention, since it updates the ABA's Formal Opinion 99-413, issued in March 1999, on protecting the confidentiality of unencrypted email. That opinion concluded that, 

A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client's representation.

But much has changed since 1999; email and other forms of electronic communication have become much more prevalent, and hacking has become a daily occurrence. In addition, since 1999, the ABA has adopted the 2012 "technology amendments" to the Rules of Professional Conduct, including Comments to Rule 1.1 regarding technology competence and 1.6 regarding the lawyer's obligation use reasonable measures to prevent inadvertent or unauthorized disclosure of confidential information.

As noted in Opinion 477,

Comment [18] to Model Rule 1.6(c) includes nonexclusive factors to guide lawyers in making a “reasonable efforts” determination. Those factors include:

• the sensitivity of the information,
• the likelihood of disclosure if additional safeguards are not employed,
• the cost of employing additional safeguards,
• the difficulty of implementing the safeguards, and
• the extent to which the safeguards adversely affect the lawyer’s ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use).

Opinion 477 still reinforces the "reasonableness under the circumstances" standard to determine what measures a lawyer must take to protect confidential client information, but provides some guidance in the form of seven factors lawyers should consider when determining what level of security is appropriate and what measures are reasonable under the circumstances. I recommend that all lawyers read the complete opinion, but I've listed the seven factors here, along with a list of questions under each factor that lawyers might use to help them decide what security measures should be employed.

1. Understand the Nature of the Threat

• How sensitive is the client's information? Does the matter involve trade secrets or other proprietary information that might be valuable to hackers or competitors?
• Is the client in a highly sensitive industry, such as banking or healthcare?
• Is this a high profile case or client which might increase the risk of a cyber-attack or attempt to intercept the client's data?

The more sensitive the client's data, the more stringent your security measures may need to be to be considered "reasonable."

2. Understand How Client Confidential Information is Transmitted and Where it is Stored

• Is client data stored onsite or off (or both)?
• Where are the data servers located? 
• What security is in place for servers storing client data?
• How are your electronic communications generated?
• How is client data accessed?
• Who can access client data?
• What devices are used to access client data? How many devices, and how many different types of devices, access client data?
• Are firm employees accessing client data from home? On the road? 
• Where is client data being accessed from? How many different potential locations? 

Once you know the answers to these questions you can begin to evaluate what security measures should be considered.

3. Understand and Use Reasonable Electronic Security Measures

As Opinion 477 states, 

Making reasonable efforts to protect against unauthorized disclosure in client communications thus includes analysis of security measures applied to both disclosure and access to a law firm’s technology system and transmissions.

Lawyers have many different options when it comes to data security, but not all options make sense in all circumstances. Some are more costly or complicated to implement, and may not be necessary in all circumstances. But lawyers must understand what is available in order to evaluate what is reasonable. Options include strong passwords, two-factor authentication, device security, and encryption, as well as the security of the networks over which client electronic data is being accessed or communicated.

• How secure is our network within the office?
• Are firewalls and anti-virus software up to date on all devices within the office?
• How are other networks that are used to transmit client data secured (ie are home wifi networks used by lawyers secured?)
• Are firewalls and anti-virus software up to date and being used on any networks or devices outside of our office that access our network and client data?
• How are the devices that access our network and client data secured? Are they password protected? Are all devices that access our network and client data locked? Can they be remotely disabled and wiped if lost or stolen?

4. Determine How Electronic Communication About Clients Matters Should be Protected

Now that you know how sensitive your client data is, how that data is accessed and communicated, where the potential points of intrusion are, and what security measures are available, you need to determine which available security methods (or combination of methods) is reasonable given the sensitivity of your clients' data.

In addition to asking questions globally for the firm as a whole, you must also consider each client and matter individually and discuss security and protection of data and confidentiality with the client.

• What kinds of communication will be sent in this matter? Will they be routine or highly sensitive?
• Who will we be communicating with in this matter and how will that communication take place?
• How confident are we in (or how much control do we have over) the security measures put in place by those with whom we will be communicating?
• What technology is available to the client (or third party) with whom we will be communicating?
• How tech-savvy is the client (or third party) with whom we will be communicating?
• Who has control over and access to the devices which the client will use to communicate with us electronically, and how will this affect attorney-client privilege?
• What methods of communication are appropriate for this client or matter? Is there especially sensitive information that should not be transmitted by email?
• Is there especially sensitive information that should not be transmitted by email?
• What other, secure methods are available to communicate with clients and third parties in this matter?

The opinion even suggests that "well vetted and secure third-party cloud-based file storage systems" might be a secure alternative to communicating and exchanging documents with clients than email.

 5. Label Client Confidential Information

The opinion suggests that labeling client confidential information to alert others that the information was intended to be privileged. While this may be a good routine practice in some circumstances, and may trigger a lawyer's obligation under Model Rule 4.4(b) to notify another lawyer if they "know or reasonably should know" that the information was intended to be privileged, it is likely not a reliable method of protection.

• Are privileged documents prominently labeled "privileged and confidential?"
• Are appropriate disclaimers used based on the circumstances and the content of the communication?

6. Train Lawyers and Nonlawyer Assistants in Technology and Information Security

Managing partners and supervising lawyers are required to take measures to ensure that the firm and its lawyers comply with the Rules of Professional Conduct, and those who supervise nonlawyers, including outside vendors who have contact with or access to client data, must ensure that those nonlawyers are acting in a manner compatible with the ethical rules. This includes rules regarding security of electronic communications and data.

• Do we have a security policy in place that covers electronic data and communication? Has that policy been provided to all employees?
• Has that policy been provided to all employees?
• How often is this policy updated?
• Have we trained our lawyers and staff on appropriate security measures for storage, access, and communication of client data?
• How recently was this training conducted?
• How often do we provide an update or refresher on this training?
• Are all employees required to participate in this training?
• Are the security measures being implemented?
• How often do we assess the security measures in our firm?
• Who is responsible for ensuring that security policies are implemented and followed?
• How recently was this training conducted? How often do we provide an update or refresher? Are all employees required to participate in this training?
• Do lawyers and staff understand how to secure devices that access our network or client data?

7. Conduct Due Diligence on Vendors Providing Communication Technology

• What are the qualifications of the vendors we use, including education, experience, and reputation?
• What services is the vendor providing (are they likely to come into contact with sensitive or privileged information)?
• What hiring practices are employed by our vendors (background and security checks, etc.)?What security measures do our vendors have in place?
• Do we have confidentiality agreements in place with our vendors? Do the vendors have confidentiality agreements in place with employees and others?
• Do vendors use to check for conflicts? If so, what methods do they use?
• What legal forums and remedies are available if the vendor agreement is violated?
• Are the members of our firm qualified to assess these issues, or do we need to hire an outside expert?
• Do the vendors have confidentiality agreements in place with employees and others?
• What security measures do our vendors have in place?

Getting Client Input

Lawyers are also obligated to communicate with clients about security and confidentiality issues and may need to advise clients about potential risks, particularly those involving highly sensitive or confidential information. A client also has input on the security and communication methods to be used in their matter; a client may provide informed consent for the use of a less secure (but possibly less expensive and/or less onerous and complicated) method of communication or may require the lawyer to use more secure methods.

(For more on client confidentiality, specifically with regard to email communication with clients, see my post on attorney-client confidentiality and email here.)

UPDATE: This article was chosen as the SmallLaw Pick of the Week!

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ABA Issues New Ethics Opinion on Encryption of Attorney-Client Email - Jim Calloway's Law Practice Tips Blog

Lawyers and Technology - ABA TECHSHOW 2015

5 Tips for Managing Client Expectations: Infographic

Managing clients' expectations is not always easy, but this infographic contains 5 quick steps you can take to manage client expectations better in your legal practice.

Meeting and managing expectations well creates loyal clients. In order to manage expectations well, you need to identify what they are, and to recognize that clients have expectations around both outcome and service.

The client's perception about whether you did a good job as their lawyer will be colored by the expectations they have for the engagement from the moment they walk through your office door. The way you communicate with the client at your first meeting will set the tone for the rest of the engagement.

Clients with "identical" legal problems, may not have identical goals and expectations. Find out the backstory behind the client's matter. Learn about their background, family, business or employment and gauge their emotional reaction to the legal issue at hand and to the discussion as a whole. Each of these factors may influence the client's perception of the matter, as well as the result they would like to achieve.

LISTEN to the client before jumping in with your solution or plan to solve their legal issue or accomplish their goal. Ask questions not only about the client's substantive legal issue, but also about their expectations during the engagement. These might include expectations about how often and in what manner they would prefer to communicate with you about the matter, about the budget and fee, or other non-legal, non-substantive issues that can make or break the attorney-client relationship.

Finally, assess the client's expectations. Are they realistic? Are there potential pitfalls to the course of action the client wishes to take or the result they want to achieve? Provide options and suggest alternatives that might serve the client's overall objectives more effectively.

 

Productivity Tips

The April 2017 Expert Roundtable post on Law Technology Today is a survey of productivity tips. A group of lawyers (including me) were asked to answer five questions about productivity.

Here's a quick list of the tips I shared on the post:

Write everything down

Develop systems for storing the information you save so you can find it easily when you need it

Don't multi-task!

Use your calendar effectively- schedule time to complete work

Use an editorial calendar to schedule marketing and writing projects

Invest in resources, technology and/or people to improve your productivity

Although we were asked to provide only one or two tips in response to each question, it was hard for me to narrow down my responses. 

One of my favorite productivity tips that didn't get mentioned was breaking large projects down into bite-sized pieces; looking at an entire project can be overwhelming, but tackling only one small piece at a time can help build momentum and confidence. And the project is likely to get done much faster.

Some of my other favorite productivity tips were covered by my colleagues in the roundtable. These tips include:

• Never use your email inbox as your to-do list
• Don't use your email inbox as a place to store communications - file or delete messages
• Set a schedule and stick to it
• Know your "power hours"
• Create workflow checklists
• Do the worst first
• Use automation tools available in programs you already use
• Don't check email constantly!

You can get all of the tips in more detail here, and the post also contains a great list of productivity resources.

 

Need Help Choosing Law Practice Management Software?

Practice management software provides advantages for firms of all sizes, whether the firm is a solo practice or a larger firm with employees at all levels: partners, associates, paralegals, legal assistants and others. In this post, I talked about some of the advantages lawyers can expect when using practice management software.

More recently, in this interview with Law Firm Suites, I mentioned practice management software as one of the tools that lawyers can use to make their jobs easier, saying:

Practice management software can help organize each client’s documents and data, and some even include client-facing portals to allow clients to access some of their documents and information on their own. It can also include timers to help with hourly billing and built-in reminders to help calculate deadlines and statutes of limitations.

But knowing your firm needs to employ practice management software is only the first step. Choosing the right platform or program can be a difficult and daunting decision, particularly with new vendors entering the marketplace.

Luckily, the folks at Lawyerist have done some of the work for you. They have put together a directory of 24 law practice management software programs at lawyerist.com.  And if you're really new to practice management software, scroll to the end of the page to see the definitions of the features discussed in the directory.

The directory not only provides information about each program, including Lawyerist's "best fit" judgment for each program, but there is also a downloadable comparison chart showing the key features of each of the programs included in the directory, which can help you to narrow down your choices to those within your budget that have the features you require. Then you can return to the directory for more detailed information by visiting the product page on Lawyerist for each of the programs on your list (by clicking on the name of the program in the alphabetical directory).

 

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Can Mindfulness and Meditation Make You A Better Lawyer? [Book Review]

The Anxious Lawyer, An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation is a straightforward book which incorporates personal stories, basic introductory information and mindfulness and meditation exercises written specifically for lawyers. *(Full disclosure: I received a free copy of the book from author Jeena Cho in exchange for providing my honest review of the book.)

The authors, Jeena Cho and Karen Gifford, both lawyers themselves, share their experiences with meditation, the different reasons they were each separately drawn to the practice, and how it has helped them in their personal and professional lives, making their lives as lawyers – and as people – more rewarding. Cho is a bankruptcy practitioner in California while Gifford was a litigator and enforcement attorney for the Federal Reserve and is now an investor and advisor on policy and regulatory issues in the financial technology fields.

The legal profession is stressful, and more and more lawyers are suffering. It’s one of the reasons I started my consulting practice, Legal Ease Consulting, Inc., and its corresponding website, Lawyer Meltdown. The phrase, “lawyer meltdown,” resonates with far too many lawyers, who are stricken with the disease of “busyness,” whether it helps themselves, their clients or their firms, or not. (Although this problem is not limited to lawyers—our whole society suffers from busyness—and the lessons and concepts in this book could easily be applied to other professionals).

Meditation and mindfulness are not easy for many lawyers to wrap their heads around, and Cho and Gifford spend time talking about why that might be and how lawyers can challenge the assumptions that may lead to negative or uncomfortable feelings about the practice. I became interested in the book as a way to learn about another set of tools that might be helpful not only to my clients (the majority of whom are lawyers), but to gain a deeper understanding of lawyer meltdown and whether these techniques could help those who occasionally—or often—feel overwhelmed by the stresses of practicing law.

Even if you’ve never considered meditation or mindfulness before, this book is a helpful guide, introducing you to those concepts and taking you through a progression of meditation practices. The authors are adamant that the practice does not need to be long or complicated, particularly for beginners.

Over an eight-week period, the authors explain different meditation and mindfulness types and exercises, including a range of practices, from sitting quietly 10 minutes a day, focusing on the breath, to doing a body scan, or using mantra repetition to spend “less time unconsciously at the mercy of your thoughts and more time in a settled and quieter state.”

Using these practices can help you to connect to the deeper meaning or closely held values in the work you do every day and the reasons you chose the practice of law, rather than listening unconsciously to external forces and judgments which may not reflect your values. Guided meditations can be found on the book’s companion website, theanxiouslawyer.com. The book also provides tips on what the authors call “off the cushion” exercises that anyone can do while going about the business of their daily life and law practice. These tips and strategies may be particularly attractive to lawyers who seek to learn how to cope with everyday stressors of the practice as they arise.

The book is worth reading even if you’re skeptical about mindfulness and meditation in general, or are reasonably certain that you ‘can’t’ do it. The authors dispel some myths about meditation and what meditation really means. For example, it doesn’t mean clearing your mind of all thoughts. And the book cites several studies that show that regular meditation practice is good for your physical, as well as your mental, health. But the parts of the book that may be even more useful to many lawyers than those about “typical” mediation are those that discuss how to translate these practices into your daily life.

One example is recognizing the “moment of choice” – the moment when you become consciously aware of something and have a choice as to how you’re going to react to it. The moment of choice in meditation is the moment when you notice that your mind has wandered or that you’ve gotten caught up in your thoughts; at that moment, you have an opportunity to simply return to your meditation practice and to focus on your breathing. Alternatively, you could choose to beat yourself up for allowing your mind to wander in the first place. Which is more productive?

This concept of the moment of choice can be extended into other areas and other parts of your life outside of meditation. When you recognize that something isn’t going right in your practice, that you’ve taken on a bad client, or that something needs to change, rather than focusing on the negative of where you are, you can choose instead to celebrate the fact that you’ve recognized a problem. This can help free you to focus on finding a solution or determining how best to minimize the damage moving forward, rather than beating yourself up over getting into the situation in the first place. You can choose to dwell on the negative or you can choose to refocus and move forward.

A related concept from the book that sounds simple but is much more difficult in practice is the idea that there are limitations on what lawyers can fix. Accepting that there are aspects of what you do that are out of your control can free you to focus on what you can do to improve a situation, rather than dwelling on the fact that it isn’t how you might like to be. Instead of trying to fix everything, acknowledging that many clients are in crisis and many aspects of their crisis cannot be solved by their legal issue, but might not be so easily separated from it, may result in a better relationship with your clients. Simply allowing them to vent or to tell their story may free them to turn their attention to what is important for the legal case.

Mindfulness and meditation are a form of self-care, which may lawyers are sorely lacking because so much of their focus is on others’ problems and how to solve them. The idea of practicing compassion toward yourself as well as others may be a good solution for constant busyness which may actually reduce productivity. Self-care allows you to refuel your own tank so you are available to give to others.

You may think you don’t have time to meditate – or to read this book – but the authors have broken it down into bite-sized pieces; you only need to read one chapter a week and then follow a daily meditation practice using the techniques or concepts outlined in that chapter. As the holidays approach and another season of hectic, “busy,” activity approaches, it’s an ideal time to start a new habit that will not only help to reduce the stress and anxiety of the holidays, but stand you in good stead in the New Year, possibly offering a new perspective of yourself and your practice. Give meditation – and this book – a try.

 

Choosing Office Space for your Law Firm

Office space is one of the biggest expenses for any law firm. What do you need to know when choosing office space? I was recently interviewed by Law Firm Suites about this very issue. Here is an excerpt from the interview with some of the things I think you need to think about when choosing office space for your law practice:

Does your space need to attract walk-in business? Do you need a full-time office or only an on-demand office space? Is there conference space available? How much demand is there for that conference space? Do you need immediate availability (if a client calls and needs to meet with you right away, will there be meeting space available)?

Are you planning for growth? If so, will your office space be able to grow with you? Is the office look and feel in line with your brand identity? Do the fees and costs fit into your budget and financial goals? What kind of environment promotes your best work? Is it a busy, collaborative environment, or do you require more privacy, peace, and quiet? Consider how your workspace will affect your productivity and how you feel about your work.

Read the full interview here.

 

Should The Bar Ban Sexist or Discriminatory Comments by Lawyers?

The ABA Annual meeting is currently underway in San Francisco, California. One of the items on this year's agenda for consideration by the House of Delegates is a resolution to amend to the ABA Model Rules of Professional Conduct, Rule 8.4, Misconduct. The resolution was the work of several entities within the ABA, including the Standing Committee on Ethics and Professional Responsibility, the Diversity and Inclusion 360 Commission and the Commission on Women in the Profession, among others.

The proposed amendment would add subsection (g) to the Rule, making it professional misconduct for a lawyer to:

engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.

The New York Times carried a story on the proposal yesterday, including comments from those on both sides of the issue, including those who argue that the Rule violates free speech.

Another article this week, at American Thinker, calls the new rule an attempt by the ABA to impose political correctness on all lawyers,  although one of the objections in the article - that the rule would prohibit lawyers from choosing whom to represent - seems unfounded given the proposed wording of the most recent revision of the proposed rule, which can be found here.

Another concern might be that lawyers will be forced to take on clients that they cannot afford to represent so as not to be seen to violate the prohibition against discrimination based on socioeconomic status. This concern also seems to be covered by the statement that the ability of a lawyer to accept, decline or withdraw from representation in accordance with Rule 1.16. In addition, proposed Comment [5], which states in part, "A lawyer may charge and collect reasonable fees and expenses for a representation."

In New York (as in several other states), Rule 8.4 already contains a subsection (g) as follows:

(g) unlawfully discriminate in the practice of law, including in hiring, promoting or otherwise determining conditions of employment on the basis of age, race, creed, color, national origin, sex, disability, marital status or sexual orientation. Where there is a tribunal with jurisdiction to hear a complaint, if timely brought, other than a Departmental Disciplinary Committee, a complaint based on unlawful discrimination shall be brought before such tribunal in the first instance. A certified copy of a determination by such a tribunal, which has become final and enforceable and as to which the right to judicial or appellate review has been exhausted, finding that the lawyer has engaged in an unlawful discriminatory practice shall constitute prima facie evidence of professional misconduct in a disciplinary proceeding; 

Read the proposed ABA model rule and new comments for yourself and let me know what you think in the comments. Should the bar prohibit lawyers from these kinds of comments and activities, or do they go too far and impose on lawyers' rights of free speech and association?

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