AI Got It Wrong, Doesn’t Mean We Are Right: Practical Considerations for the Use of Generative AI for Commercial Litigators

Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a dispositive motion, the client is also facing cost constraints. This forces you to get creative when crafting a budget for your client’s defense. You remember the shiny new toy that is generative Artificial Intelligence (“AI”). You plan to use AI to help save costs on the initial research, and even potentially assist with brief writing. It seems you’ve found a practical solution to resolve all your client’s problems. Not so fast.

Seemingly overnight, the use of AI platforms has become the hottest thing going, including (potentially) for commercial litigators. However, like most rapidly rising technological trends, the associated pitfalls don’t fully bubble to the surface until after the public has an opportunity (or several) to put the technology to the test. Indeed, the use of AI platforms to streamline legal research and writing has already begun to show its warts. Of course, just last year, prime examples of the danger of relying too heavily on AI were exposed in highly publicized cases venued in the Southern District of New York. See e.g. Benajmin Weiser, Michael D. Cohen’s Lawyer Cited Cases That May Not Exist, Judge Says, NY Times (December 12, 2023); Sara Merken, New York Lawyers Sanctioned For Using Fake Chat GPT Case In Legal Brief, Reuters (June 26, 2023).

In order to ensure litigators are striking the appropriate balance between using technological assistance in producing legal work product, while continuing to adhere to the ethical duties and professional responsibility mandated by the legal profession, below are some immediate considerations any complex commercial litigator should abide by when venturing into the world of AI.

Confidentiality

As any experienced litigator will know, involving a third-party in the process of crafting of a client’s strategy and case theory—whether it be an expert, accountant, or investigator—inevitably raises the issue of protecting the client’s privileged, proprietary and confidential information. The same principle applies to the use of an AI platform. Indeed, when stripped of its bells and whistles, an AI platform could potentially be viewed as another consultant employed to provide work product that will assist in the overall representation of your client. Given this reality, it is imperative that any litigator who plans to use AI, also have a complete grasp of the security of that AI system to ensure the safety of their client’s privileged, proprietary and confidential information. A failure to do so may not only result in your client’s sensitive information being exposed to an unsecure, and potentially harmful, online network, but it can also result in a violation of the duty to make reasonable efforts to prevent the disclosure of or unauthorized access to your client’s sensitive information. Such a duty is routinely set forth in the applicable rules of professional conduct across the country.

Oversight

It goes without saying that a lawyer has a responsibility to ensure that he or she adheres to the duty of candor when making representations to the Court. As mentioned, violations of that duty have arisen based on statements that were included in legal briefs produced using AI platforms. While many lawyers would immediately rebuff the notion that they would fail to double-check the accuracy of a brief’s contents—even if generated using AI—before submitting it to the Court, this concept gets trickier when working on larger litigation teams. As a result, it is not only incumbent on those preparing the briefs to ensure that any information included in a submission that was created with the assistance of an AI platform is accurate, but also that the lawyers responsible for oversight of a litigation team are diligent in understanding when and to what extent AI is being used to aid the work of that lawyer’s subordinates. Similar to confidentiality considerations, many courts’ rules of professional conduct include rules related to senior lawyer responsibilities and oversight of subordinate lawyers. To appropriately abide by those rules, litigation team leaders should make it a point to discuss with their teams the appropriate use of AI at the outset of any matter, as well as to put in place any law firm, court, or client-specific safeguards or guidelines to avoid potential missteps.

Judicial Preferences

Finally, as the old saying goes: a good lawyer knows the law; a great lawyer knows the judge. Any savvy litigator knows that the first thing one should understand prior to litigating a case is whether the Court and the presiding Judge have put in place any standing orders or judicial preferences that may impact litigation strategy. As a result of the rise of use of AI in litigation, many Courts across the country have responded in turn by developing either standing orders, local rules, or related guidelines concerning the appropriate use of AI. See e.g., Standing Order Re: Artificial Intelligence (“AI”) in Cases Assigned to Judge Baylson (June 6, 2023 E.D.P.A.), Preliminary Guidelines on the Use of Artificial Intelligence by New Jersey Lawyers (January 25, 2024, N.J. Supreme Court). Litigators should follow suit and ensure they understand the full scope of how their Court, and more importantly, their assigned Judge, treat the issue of using AI to assist litigation strategy and development of work product.

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals.

The issue came to the Texas Supreme Court on a certified question from the 5th Circuit and considers the practical effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542, Insurance Code. In short, Texas Insurance Code Chapter 542A, among other reforms, sets forth a statutory formula to determine the amount of an attorney’s fees awarded for a prevailing insured in a weather-related first party property case against an insurer. Under the statute, the amount of reasonable and necessary attorney’s fees a prevailing insured can recover is reduced when the “amount to be awarded in the judgment” is less than the amount the insured claims is owed. In the appraisal context, insurers have paid the appraisal award, along with an amount sufficient to cover any potential statutory interest under Chapter 542A, then made the argument there can be no “amount to be awarded in the judgment” such that there is no liability for attorney’s fees.

In the recent ruling, the Texas Supreme Court agreed with this argument, noting that when a carrier pays the appraisal amount plus any possible statutory interest, it has “complied with its obligations under the policy.” In doing so, there is no remaining “amount to be awarded in the judgment,” and attorney’s fees are not available.

Going forward, this ruling should return the appraisal process to its intended function – an inexpensive and prompt resolution of claims, without the need for litigation – and avoid late invocation of appraisal as gamesmanship.

For more news on Attorneys’ Fees in Texas, visit the NLR Litigation / Trial Practice section.

How to Maximize February’s Holidays for Your Social Media Content Calendar

February, though the shortest month, is rich with opportunities for lawyers and law firms to deepen connections with their audience and spotlight their commitment to pivotal social causes. From raising awareness on privacy and internet safety to celebrating historical contributions and advocating for health, this month is ripe for engagement. Here’s a guide on leveraging these special days to not only boost your firm’s social media footprint but also to underscore your expertise and societal commitments.

  • Engage with #PrivacyAwarenessWeek (First Week of February): Kick off the month by demystifying privacy laws and sharing protective measures for personal data. Consider hosting webinars or interactive Q&A sessions to discuss privacy-related topics.
  • Participate in #SaferInternetDay (Second Tuesday of February): Highlight the importance of cybersecurity with informative articles or infographics. Provide valuable insights through free digital security workshops or consultations.
  • Celebrate #WorldJusticeDay (February 20): Showcase your firm’s dedication to justice by spotlighting pro bono work and initiatives that champion social justice. Share impactful stories that illustrate your contributions to upholding justice.
  • Honor #BlackHistoryMonth (Throughout February): Dedicate the month to celebrating the achievements of African American legal luminaries. Engage in discussions about diversity, equity and inclusion (DEI) within the legal field and share how your firm is actively supporting these values.
  • Promote #AmericanHeartMonth (Throughout February): Focus on heart health awareness, sharing wellness tips and how your firm supports the well-being of its people and clients. This is an excellent opportunity to show the human side of your firm. Organize or partake in health-focused community events and share wellness tips that encourage a balanced professional life.
  • Reflect on #PresidentsDay (Third Monday of February): Delve into the legal legacies of U.S. Presidents and their influence on current laws. Host enlightening discussions or debates on historical legal precedents and their relevance today.
  • Recognize #InventorsDay (February 11): For IP-focused firms or firms with IP practices, spotlight groundbreaking inventors and their journeys through the legal system. Share advice on navigating the patent process and protecting intellectual property.
  • Embrace #RandomActsOfKindnessDay (February 17): Inspire your team and followers by engaging in and sharing acts of kindness within your community. This day is a great opportunity to humanize your firm and reflect its values.
  • Inform during #ConsumerProtectionWeek (Last week of February): End the month by enlightening the public on consumer rights and the legal frameworks that protect them. Host free legal clinics or informative sessions to empower consumers with knowledge.
  • Celebrate #ValentinesDay (February 14): Utilize this day to express appreciation for your clients and colleagues. A simple message of thanks can go a long way in strengthening relationships.
  • Leverage #GroundhogDay (February 2): Incorporate Groundhog Day as a fun way to engage your audience. Perhaps draw a light-hearted parallel between the groundhog seeing its shadow and predicting weather patterns to the predictability and preparation in legal processes. It’s an opportunity to showcase your firm’s personality and connect with your audience on a relatable level.

When using hashtags, be strategic and relevant; use popular hashtags like #ValentinesDay, #BlackHistoryMonth or #PresidentsDay to increase visibility, but also incorporate niche or branded hashtags to stand out and engage directly with your target audience. Always ensure your content is respectful, inclusive and aligns with your brand’s values. Creatively linking your products or services to these holidays can boost engagement, foster a deeper connection with your audience and enhance your brand’s presence on social media.

February’s diverse holidays present a unique platform for law firms to engage with their audience on a deeper level. By actively participating in these observances, your firm not only enhances its visibility but also fortifies its relationship with the community. This strategic approach to social media not only highlights your expertise and services but also showcases your firm’s dedication to important societal issues and causes.

Don’t be Content with Subpar Content: Five Content Marketing Best Practices

In the past, we have outlined eMarketing best practicesintegrating your eMarketing system with other marketing technology, and even discussed using artificial intelligence in your email marketing strategy. However, if you’ve got all the elements in place and your email marketing metrics are still disappointing, what else can you improve? Well, let’s address the 10,000-pound elephant in the room – your content.

For many law firms, content is typically written by lawyers. This can be a challenge because lawyers by trade, are legal writers – favoring a particular writing style that often is not favorable for eMarketing purposes. This leaves the marketing department to attempt to shape the content to make it as effective as possible.

So what is a marketer to do when faced with a partner who is convinced that posting 5,000 words (1,000 of which are footnotes) on the latest regulation change is the best way to communicate with clients and prospective clients? Here are five suggestions and talking points to help build consensus and buy-in for improving your firm’s publications and content marketing.

1. Best of the Bunch

Take a look at some of your firm’s recent publications by practice area. Are there one or two groups that consistently provide concise, well-written content that is not drowning in legalese? Next, it can be a good idea to look at their metrics. If their mailing list is in good shape, they should also have some of the best open and click-through rates at the firm.

These are the folks to hold up as examples of how to correctly write marketing content. Anyone who has been a marketer in a professional service firm knows that capitalizing on the competitive nature of professionals can be a powerful tool for changing behavior. If you can find one or two practices with superior metrics and can tie it to their content, then you have something to hold up as an example to the rest of the firm.

2. Train ’em Young

Today, associates have grown up with unparalleled access to the internet, email, Twitter (now X) and LinkedIn, so they get it. Firms should capitalize on the technology-savvy and sponge-like nature of the younger members and utilize them by creating content that resonates with their clients. They will likely already understand the importance of concise messaging as the key to effective communication.

3. Break Down Their Mailing Metrics

Lawyers tend to write for other lawyers. As marketers, we need them to write for people from all walks of life. Remember, many CEOs probably don’t have a JD. A quick analysis of their mailing lists may help persuade them that they are not just sending to other lawyers. It is important for lawyers who write to understand that well-written and relevant pieces are often the ones that are most likely to be circulated throughout companies.

Human resources and marketing, for example, are the two departments that are often the ‘beneficiaries’ of law firm alerts. Writing in heavy legalese can be counterproductive for these groups. For attorneys who are still hesitant to alter their writing style, remind them that lawyers also read newspapers, magazines, and even novels. Some of the most important and complex issues of our time, involving matters such as foreign policy, terrorism, taxes, the economy, and healthcare, are communicated every day in these publications—without the use of footnotes.

4. First Is Not Always Best

While it is important your clients know your firm is on top of recent developments, simply sending out a regurgitation of the new regulation doesn’t necessarily convey that your firm understands the impact of the law on the client’s business. Yes, you want your email on the topic to be among the first received, but there’s more to it. You need to demonstrate an understanding of the implications of the law by addressing questions like, “What does this mean for me? Do I need to be concerned? What can I do to prepare or minimize the risk for the company?”

Both speed and depth are important when it comes to content marketing. Get the alert out quickly and explain why it is important to your readers. Later, your lawyers can write a longer, in-depth piece for an outside publication which can also be forwarded to their mailing list.

5. Size Matters

65% of digital media consumption occurs on mobile devices. No one, including your own lawyers, would be inclined to read a 3,000-word piece on their iPhones, no matter how much time they have. The fact is, today’s professionals use their phones to consume quick-hit content – get in, get the jist, and get out, onto the next. This means we need to meet them where they are and produce similarly easy-to-digest content.

An excellent way to help dissuade your lawyers from writing lengthy, dense alerts, is to appeal to their billable hour. Long pieces take longer to write – when a piece half the size will not only take them half the time but ultimately increase readership by twice as much.

For more news on Content Marketing for Law Firms, visit the NLR Law Office Management section.

Blazing Trails: Exploring ESOPs in the Cannabis Industry

The budding cannabis industry, despite its rapid growth and gradual acceptance in recent years, still faces a major sustainability challenge: Cannabis businesses cannot deduct most ordinary business expenses. Under Internal Revenue Code Section 280E, no tax deduction or credit is allowed for amounts paid or incurred in carrying on a business if the business consists of trafficking in controlled substances (within the meaning of Schedule I and II of the Controlled Substances Act) that are prohibited by federal law or the law of any state in which such trade or business is conducted. Since marijuana is a controlled substance, cannabis businesses face a particularly high tax burden. In this context, employee stock ownership plans (ESOPs) emerge as a strategic solution, offering a pathway for cannabis businesses to enhance their cash flows while also retaining and motivating their workforce.

UNDERSTANDING ESOPS

ESOPs are a type of tax-qualified retirement plan with assets held in a tax-exempt trust. If an ESOP is established for an S corporation and acquires all of the stock of the corporation, the ESOP will not be subject to federal income tax (or state income taxes in most states). With an S corporation, any income tax obligation passes through to the shareholder, and, in this case, the shareholder is a tax-exempt entity. ESOPs also provide a way for the owners to obtain liquidity, and they enable employees to become beneficial owners of the company. This is ordinarily achieved through the allocation of company shares to participants over the course of the repayment of a loan that finances the sale.

THE TAXING REALITY OF CODE SECTION 280E

Code Section 280E was initially introduced in the 1980s to prohibit businesses engaged in illegal drug trafficking from deducting ordinary business expenses. Despite the changing legal landscape of cannabis, with numerous states legalizing its use for medical and recreational purposes, Section 280E continues to prohibit federal tax deductions and credits for the business expenses of cannabis companies, including items such as rent and salaries. However, such businesses are generally permitted to deduct the cost of goods sold.

MITIGATING TAX LIABILITY

A 100% ESOP-owned S corporation in the cannabis industry holds a unique advantage in mitigating tax liability. Unlike traditional corporate structures, an ESOP-owned S corporation does not pay federal income tax, does not pay state income tax (in most states), and, perhaps most significantly, is not affected by the Code Section 280E restrictions on deductions and credits. Accordingly, the ESOP structure eliminates a significant expense for many cannabis companies and increases cash flow, allowing the company to reinvest its earnings into the business. This increase in resources can be used for any number of expenses, from growth and development of the business to repayment of its debts.

CONCLUSION

Although the cannabis industry is subject to a significant disadvantage under Code Section 280E with respect to tax deductions and credits, an ESOP offers an alternative that entirely mitigates this disadvantage. Furthermore, the ESOP provides liquidity for the selling shareholders and the opportunity to create an ownership culture among employees who will benefit from participating in a tax-qualified retirement plan.

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10 Resolutions to Elevate Your Personal Brand in the New Year

Personal branding has become more than just a buzzword – it’s a crucial element of career success. As we embark on a new year, it’s essential to recognize the power of a well-crafted personal brand. It’s not just about making a mark in your industry; it’s about creating a distinct identity that resonates with your professional ethos and vision.

Every individual inherently has a personal brand. It’s an amalgamation of your skills, experiences and the impressions you leave on others.

Even without conscious effort, your interactions, online presence and professional accomplishments contribute to how you are perceived. This unintentional brand can impact your career and opportunities positively or negatively. Actively shaping your personal brand allows you to control this narrative, ensuring it aligns with your career goals and reflects your professional identity. Neglecting it means letting others define it for you, which might not always match your aspirations or values.

Building your personal brand can feel overwhelming, but with a strategic and thoughtful approach, this process can unlock doors to new opportunities and personal growth, allowing you to shape and share your unique professional story with the world.

This blog post will guide you through easy and effective strategies to build and enhance your personal brand, which will help set you apart from your peers and competitors.

  1. Define Your Unique Brand: Delve deep to articulate your core strengths, values and the distinctive qualities that set you apart in your industry. Reflect on your career highlights and how they shape your professional narrative. For what do you want to be known? Be clear.
  2. Ensure Consistent Messaging: Audit all your professional platforms to ensure they convey a unified story about who you are and what you offer. This includes everything from your LinkedIn bio to your website/website bio.
  3. Be Active on Social Media: Plan a content calendar to regularly share insights, engage with industry conversations and connect with thought leaders. Being active also means responding to comments and messages to foster connections.
  4. Create and Share Valuable Content: Consider starting a blog or a podcast, or contribute as a guest writer to industry publications. Share your experiences, case studies or lessons learned to provide real value to your audience.
  5. Network Actively: Attend industry events, webinars and workshops. Be proactive in reaching out for informational interviews or mentorship opportunities.
  6. Commit to Personal Development: Identify key areas for growth and seek out resources like online courses, books, podcasts or coaching. Staying updated with the latest industry trends is also crucial.
  7. Seek and Adapt to Feedback: Regularly seek feedback from peers, mentors or through professional assessments. Use this feedback to refine your brand and address any gaps.
  8. Maintain Professional Visual Branding: Invest in a professional headshot and ensure your visual branding (like color scheme, fonts, etc.) is professional and consistent across all platforms.
  9. Get Involved in Your Community: Align with causes or organizations that resonate with your personal values. Share these experiences on your platforms to show your commitment beyond work.
  10. Monitor Your Online Presence: Use free tools like Google Alerts to keep track of your digital footprint. Ensure that your online presence is positive and accurately reflects your personal brand.

To begin crafting your personal brand, start by reflecting on your unique skills, experiences and what differentiates you professionally. Set aside time each week to engage with your network, create content that showcases your expertise, and participate in relevant online discussions. Regularly update your professional profiles and assess the alignment of your online presence with your brand. This proactive and consistent effort will gradually build a strong, authentic personal brand.

These resolutions are more than just annual goals; they are commitments to ongoing personal and professional growth. Remember that visibility is each of our responsibility. By following these steps, you can significantly enhance your personal brand, making it a powerful tool in your career advancement.

Legal News Reach S3E1: The DEI Dialogue: How Feedback Fosters Inclusion and Diversity in the Workplace

Welcome to Legal News Reach Season 3! We begin the new year with a conversation between the National Law Review’s Social Media Manager, Crissonna Tennison, and Bracewell’s D&I and Community Outreach Director, Monica Parker.

By now, most firms understand that diversity and inclusion are nonnegotiable foundations for a successful organization, but feedback conversations remain a commonly overlooked—or avoided—tool for fostering deeper professional connections amongst colleagues with different backgrounds and experiences. What role does feedback play in successful D&I practice, and how can attorneys approach it?

We’ve included a transcript of the conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for clarity and readability.

 

Crissonna Tennison

Thank you for tuning in to the Legal News Reach podcast. My name is Crissonna Tennison, Web Publication Specialist and Social Media Manager for the National Law Review. In this episode, I’ll be speaking with Monica Parker, Director of D&I and Community Outreach at Bracewell LLP.

Monica, can you tell me a little bit about your background, what led you to practice law in the first place and eventually to Bracewell?

Monica Parker

Well first of all, thank you for having me. I’m excited to be here to have this chat with you today Crissonna.

As you mentioned, I’m a former practicing attorney. I have spent about two decades in law firms and professional development and, recently, diversity and inclusion. And what made me practice law, I’m not the typical law student. I didn’t go straight from college to law school, I worked for four years. And you know what, I missed school. So I appreciated the intellectual rigor, I would say, of law school, and then I ended up falling in love with Harvard Law’s negotiation program. That’s where I went to school. So I ended up becoming a teaching assistant for the negotiation program while I was there, and then came back as a lecturer in law to teach the course after I graduated.

What led me to Bracewell–I would say here is the plug for the importance of your network. I heard about this position through someone that I knew when I was a summer associate many years ago at a law firm. This person was then working in professional development for that firm. She’s now the Chief Talent Officer at Bracewell. So that’s how I heard about the opportunity. I will say that when I interviewed I had conversations with the firm’s Managing Partner, as well as the chair of the D&I Committee, the firm’s General Counsel, the hiring partners, and others, and really just appreciated the genuine, authentic nature of the leadership. They were candid with me about what’s working, what the challenges are, and it was an opportunity to have an impact and work with some good folks to that timeline at Bracewell.

Crissonna Tennison

It’s always great when your workplace is transparent with what’s going on and shows that they’re willing to have ongoing conversations. What brought you more specifically into the diversity and inclusion world and practice?

Monica Parker

I would say, like many folks who work in this arena, I was motivated by my own experiences of being a woman of color in this profession. At this stage of the game, I have a wealth of experience. And I’ve been fortunate in my career, and I saw this as an opportunity to help lift others up. Plus, I really wanted to have the opportunity to have an impact. And there’s lots of space to have impact in the world of diversity and inclusion these days.

Crissonna Tennison

Definitely. Broadly speaking, what would you say some of the hurdles are to ensuring diversity specifically in the legal business and legal field?

Monica Parker

There are three major challenges among others, right? There are several, but I would say pipeline is one, recruiting is another, and then retention is a third.

So when I think about the pipeline piece, not everyone has the same opportunities, right? They can’t all necessarily go to the best schools, they may not have family members or family friends who sit around the dinner table talking about the practice of law, they may not have opportunities with college applications or law school applications. So that’s one hurdle, right? And if you do make it over that hurdle, and you graduate from law school, then not everyone is going to come to a large law firm. So this is actually a very competitive market that we’re operating in to begin with. And then once you get there, for underrepresented groups, you have to make sure that they’re getting the same kinds of opportunities as everyone else. So for example, you need there to be a lot of candid feedback conversations, people need mentors and sponsors. But often people tend to connect with those who are like them. So those are some of the challenges specifically for the legal industry, it can be kind of difficult to feel comfortable enough with people to have the kind of conversations you’re talking about. So if you have people that look like you that makes all the difference in the world.

Crissonna Tennison

So when it comes to diversity and inclusion, what are some general patterns that you’ve noticed that have been productive, and some patterns that are not quite so productive at this time that you’re hoping might change?

Monica Parker

So let me talk about the not so productive patterns, right? So in the world of D&I, you sometimes can see what I call “check-the-box” exercises. So, for example, if everyone jumps onto the training bandwagon, training in and of itself doesn’t have the greatest return on investment. Here’s what you can do to be more productive: you can pair that with coaching, you can choose a particular area. So let’s say you want to do unconscious bias training when it comes to hiring practices, then you can do the training with folks who are involved. And you can provide coaching for those folks as they’re going through the hiring process. And then you can notice what’s working, what’s not working, continue to develop it and iterate it. And I think that’s how you shift from a not so productive practice or pattern to something that is more productive.

I think just telling people that you need them to do something, but then not giving them any tools to do it, is probably not the best approach. So for example, I mentioned feedback. We know it’s good. We know it’s important, but if people aren’t doing it, especially if you notice they’re not providing feedback to folks of color, you want to dig into that and you want to understand why and then offer some specific support around that.

Crissonna Tennison

I can see how that’s definitely something that comes up a lot. Leaning more into the feedback piece, that’s something that you speak a lot about. When it comes to feedback, these conversations obviously are not fun for most parties involved. Can you talk more about how you can navigate those conversations in a positive way, and what some of the benefits are of doing so?

Monica Parker

Sure. As you said, having feedback conversations can be difficult. And I can say this because I’m a lawyer, lawyers are often conflict averse. And so what happens is, you need to give this feedback, you know you do, you don’t want to give feedback because you’re worried about how the other person’s going to respond to it. So then you don’t do it, the behavior continues or gets worse. And you need to have this conversation. It ends up being this vicious cycle. Also, as we’ve talked about, if people tend to work with those that they like, or who look like them, then they tend to be more comfortable giving feedback to those folks as well. And let me just point out also, everyone’s very busy. And it can feel like giving feedback is one of those things that can take so much time. And “you know what, maybe it’s just better if I do it myself.”

Well, the challenge there is that if you’re not giving that feedback, then you’re not giving the person the opportunity to grow and to develop. And that’s the benefit of giving feedback. And then also as a way of showing your commitment to your employees too, if you’ve spent the time and the money to invest in them joining your firm, then you want to make sure you’re giving them the feedback that they need in order to be able to succeed there.

And I think that sometimes we think it’s going to take a lot of time to give that feedback. But it actually can take less time than you think. If you think about what you want to share, provide specific examples. Give the person the opportunity to ask questions, and then see how they do.

Crissonna Tennison

Unfortunately, I relate to the putting off things part. And what’s interesting about that is when you notice something that requires feedback early on, that conversation, it would seem, would tend to go a bit better than if you let it go on for a while and now you’ve built up resentment and the problem’s bigger. I can see how maybe creating a framework for doing it in a positive way might decrease the dread that might make you put it off. I can see how that can be really important.

Can you talk about some actionable tips that managers can take to provide feedback, maybe more routinely and in a more comfortable way?

Monica Parker

The first thing to do is to think about how you want to frame the conversation, especially if it’s making you nervous that you have to give this feedback and you’re worried about how the other person’s going to respond. So even a simple line, something you can remember and say easily, “I care about you and want you to do well here,” and then provide the feedback, it demonstrates to the other person, “This is about helping you grow and develop, and that’s important to me.” And I think that’s often what people want to hear when they’re on the receiving end of that feedback.

The second thing you want to do is share specific examples rather than talking in general terms. I can remember when I was a junior associate at a law firm and I received back work covered in red lines, you know, it looked like it was written in blood, just a marked up memo of my work. And the partner had put a handwritten note at the top of the memo that said, “Do better.” Who? What? What does “do better” mean? Some specificity would help. Now in my case, what I did is I went and talked with a more senior associate, to get a sense of what needed to be done to improve the memo. But being specific with your feedback is very helpful.

And then…it’s time to let the feedback sandwich go. Okay! The feedback sandwich is where you say something good, then you give them some other critical feedback, and then you say something good. The reason why it’s time to let it go is because everybody knows it’s coming. People are very savvy now. So they can tell when there’s a feedback sandwich in the works. And they can never actually hear the good stuff you’re saying because they’re waiting for that other shoe to drop where you tell them what’s not working. So why not just offer the critical feedback upfront? That’s one option. Another option is to ask the recipient, “What do you want to hear? Do you want to hear the feedback about what I want us to improve on first and then tell you what’s going well? Or the opposite?” You can ask!

Crissonna Tennison

Right as you said “it’s time to let go the feedback sandwich go” I was going to ask whether we should do the feedback sandwich, because I feel like if I received that paper that said “do better” with just a bunch of red marks I would shut down, at least at first. So yeah, there’s definitely room for being kind in the way that you do it.

Out of curiosity, when it comes to offering feedback, is it helpful if you’ve already developed some kind of a positive relationship with the person you’re giving feedback to? Can you speak to that a little bit?

Monica Parker

I think that’s a really good question. I think that to the extent there’s rapport and trust has been developed in relationship, it does make it easier to give that feedback because the recipient already knows that you care about them and knows that you want them to do well, and also hopefully feels comfortable asking more questions or sharing their perspective about whatever the situation is. With that being said, that can’t always be the case, right? If you’re just starting at an organization, if you’re a new person, building that rapport is going to take some time. Interestingly enough, I think if you were to give candid feedback, if you were to provide examples, if you were to do that in a timely fashion that would actually help you to build that trust and rapport, that will suit you further in the relationship as you go forward.

Crissonna Tennison

If you’re an employee, what should you be looking out for in terms of indicating that you’re not getting the level of feedback that you should be getting or that you deserve to get?

Monica Parker

If all you’re hearing is you’re doing fine, you want to dig deeper. It could be true that you’re doing fine. But it also may not be true that you’re doing fine. It could be that you’re working with someone who has difficulty sharing critical feedback or who’s very busy. And in that case, you’re going to want to dig a bit. Also, if you find yourself in your annual review, and you’re surprised by some critical feedback that you get, that’s an example that you haven’t been getting the feedback that you need, because what you hear in your annual review should never be a surprise, in terms of offering feedback. And it’s something that you want to offer regularly.

Crissonna Tennison

Would it be helpful for people to establish more frequent check-ins instead of the once a year, big one?

Monica Parker

It’s definitely helpful to establish regular check-ins. In some of my previous roles, I’ve had the opportunity to have a weekly or every other week check-in with the folks that I was supervising. And those are fantastic opportunities, not only for me to give feedback, but also for me to receive feedback. And again, that’s another way to build that relationship of trust and rapport. But if you’re doing this on a regular basis, even if it’s just a quick check, and a quick coaching session, you can catch a lot of things early and repair those things early as opposed to waiting until the annual review. By the time you get to the annual review, it’s actually too late. At that point, it really should just be a review of the year and then looking forward. So it’s very important to establish those regular check-ins again, even if they’re very short, for sure.

Crissonna Tennison

So I’m an employee, and I’m finding that I’m not getting the feedback that I think I deserve. What are some tips you have for an associate to proactively ask for that feedback if their supervisor hasn’t reached out recently, or may be dropping the ball in that area?

Monica Parker

I think a common mistake that people make is they just say “I’d appreciate any feedback.” And you may not get it when you ask that question. I think you want to be more specific than that. You could say something like, “Well, how would you have handled this?” Or “What would your approach with the client have been?” in case of an associate talking to the partner, or “I noticed you changed this point here? Will you tell me more about that?” Because when you’re asking very specific questions, you’re much more likely to engage the person in the conversation. And I think also sometimes being on the receiving end of critical feedback is hard for a lot of us, myself included. And so then you want to be prepared to take in what you hear. I often suggest that people take notes, because sometimes it can be hard to hear and taking notes can help you digest a bit better. And then also go find someone to process it with, someone who can help you understand the feedback that you received, you know, help you stay on an even keel. So those are some of the things that I would recommend.

Crissonna Tennison

That is really helpful advice. I can see how asking, “Oh, how would you have done that?” or “What was your thought process behind that?” makes it less about you, which makes it easier for everyone involved.

What can leaders do to ensure that people of color and other minoritized people feel comfortable being open about their experiences and evolving needs? I think you already spoke to this a little bit when it comes to building rapport, but is there anything else that you think would help?

Monica Parker

For sure, I think providing opportunities for underrepresented groups to share their perspective is really important. But then you have to take it a step beyond that. You have to be sure to look for ways to act upon what it is that you hear. And then there’s a step beyond that, where you then have to communicate that you’ve done so. So as an example, when I joined Bracewell, I did a listening tour. So I talked with over 100 attorneys about their experiences with diversity and inclusion at the firm. And then I had the opportunity to go to the partner retreat to present my findings as well as to make recommendations. And then from there, the D&I committee has spent its energy and time implementing those recommendations. So it’s really important, if you’re going to if you’re going to ask people to share about their experiences, you want to make sure that you’re demonstrating that you heard it, you’re trying to make an effort to do something with that feedback, and you’re making sure that they know that that’s what you’ve done.

Crissonna Tennison

Yeah, I can see that being helpful because it is a bit of emotional labor, sharing your feedback as a person of color or someone with a different experience, especially in a professional context. That can be a bit challenging, and it’s helpful to know that the other parties involved are also doing their part.

You talked a little bit about it, but what does a day in the life of a D&I consultant or leader look like? I’ve always been curious about that.

Monica Parker

I can tell you first, it’s always a mix, always. So for example, I could be talking with firm leadership about a strategic diversity initiative, I could be immersed in programming, I mentioned the feedback workshops. That’s something that I’ve designed and then delivered to the partners of the firm. There can be times where I’m meeting one-on-one with a partner or an associate to talk about an issue. Also Bracewell likes to collaborate with clients on diversity initiatives. So for example, we partnered with a client through our mutual summer programs where our summer associates of color got to meet with the clients of color, and then the General Counsel and members of the legal team for that client had lunch with all those folks and they got to talk about diversity and inclusion in that legal industry. So it’s always a fun mix of activities, it means that there’s never a dull day.

Crissonna Tennison

No, I can imagine there would not be a dull day in that area. So shifting a little bit, you mentioned that you used to work as an Associate Executive Director for a Seattle-based education nonprofit. Would you be interested in talking a little bit more about that and how it informs your current practice?

Monica Parker

Sure. At the education nonprofit we worked with students of color who are often the first in their families to go to college. So I got to see pipeline issues firsthand. Our students were rising fifth graders, and we worked with them all the way through college. And what I learned more than anything else is the importance of starting early, and then also looking for opportunities to continue to support the pipeline. But I think one of the major lessons was thinking about what it’s like to be the first. So not everyone has a parent or a family friend, or connections, right? Folks who went to law school or practice at large law firms or work for large corporations. Not everyone has that. They have a very different experience coming into a law firm, and that can be all new for an associate. And so it’s both recognizing the challenges for folks as you think about the pipeline issues, then it’s also about thinking about the challenges once that person enters a law firm. So that very much informs the work that I currently do.

Crissonna Tennison

It’s so easy to fall through the cracks. Do you have any D&I initiatives at Bracewell that you’re particularly proud of, or that have been particularly effective?

Monica Parker

I mentioned one of them, so let me dive a little bit deeper into it. I have a background in training folks on how to navigate difficult conversations, this came out of my work at Harvard Law School. And so I developed an interactive workshop on how to give feedback for the partners of the firm. And so what I’m doing in the workshops is I’m sharing a framework for how to have these conversations that allows you to prepare for them and hopefully navigate them with a little less anxiety and with more ease. And then we also talk about differences in feedback, that concept of how it can be easier to give feedback to someone who is like you or looks like you. And when there’s differences in feedback that can create some challenges.

So let’s say, for example, that a white male partner is wanting to give feedback to a woman of color associate. He might be worried that what he says can be perceived as sexist or racist, in which case he’s not going to share that feedback, he’s gonna say you’re doing just fine. So we talked about how differences in feedback can impact the relationship and the associate’s ability to grow and develop at the firm. And I think of the workshops too as a luxury for partners to have a dedicated span of time where they can just talk about delivering feedback and what’s challenging about it, and how to improve upon it. And also to hear about the experiences of their colleagues and know that they’re not the only ones navigating this and that it can be very difficult.

One of the things that’s funny to me about doing workshops, I’ve done training for lawyers, and of course, being a lawyer, I know what lawyers are like, and I know what we think about training. So one of my favorite comments was after a workshop when a partner came up to me and said, “I was skeptical. But this was good.” It’s a tough crowd! It’s a tough crowd.

I would also say that one of the things I’ve loved is that after the workshops, partners will request individual coaching. I remember one partner coming up to me right after the workshop and saying, “I’ve got a feedback conversation coming up with an associate and I’m worried about how the associate’s going to respond.” So we did some coaching on how to frame the conversation with specific examples on what to do with your own strong emotions that you might be experiencing as you’re giving the feedback. So the partner had that conversation with an associate and came back and told me that it went well and that the training was time well spent. That is high praise.

Crissonna Tennison

Honestly, I feel like if you can master the feedback conversation, especially in this kind of a high stakes environment, that has to be transferable to life. I feel like your communication skills would be through the roof. I would love to attend a workshop.

Monica Parker

You’re right. What I tell participants is, it will absolutely help you at work in terms of feedback with associates, it will help you in your work with clients, in your relationships with your colleagues; in general, it can help you at home as well with your significant other. The only folks that this material does not work on would be toddlers. They are quite skilled at difficult conversations and negotiation. I have lost every single negotiation that I’ve had with my nephew starting when he was a toddler and now his toddler sister. So forget it. It won’t work on toddlers but everyone else yeah, okay,

Crissonna Tennison

Well, we’ll just have the toddlers tell us how to communicate. They’re very clear with their needs.

So you wrote a book that was published by the American Bar Association, it’s called “What It Takes: How Women of Color Can Thrive Within the Practice of Law.” Can you talk a little bit more about what motivated you specifically to write that book and what you think readers might get from it?

Monica Parker

At the time, there was a study that the ABA had published called “Visible Invisibility,” and it was about how women of color tend to slip through the cracks at large law firms. There have been studies done on women, done on people of color, but women of color just weren’t in the mix. And so this particular report focused on women of color at large law firms, and I will say what I read was sobering, but absolutely necessary. And what I started thinking was, this was needed. I wonder if it’s possible to do a follow-up where we talk with women of color partners at large law firms who are doing well and see what we can learn from them. So I had a chance to conduct interviews with women of color partners across the country, which was wonderful. So we got a wide range of perspectives on what was working for them, what was challenging, and then lots of tips and tricks on how to be successful at large law firms. So it’s a fantastic read for associates, of course, but it’s also a great read for law firms as well.

Crissonna Tennison

Do you think it would be helpful to read even if you’re not a woman of color?

Monica Parker

Absolutely, it is. It’s useful for anyone to get perspective on what it’s like to be a woman of color. And interestingly enough, and probably not a surprise, but a lot of the advice offered there is valuable for anyone in any role, essentially. So yes, it’s a great read. If I do say so myself.

Crissonna Tennison

Oh, no, I love it. I believe you. And it’s good to advocate for yourself. So I will probably read it.

Can you talk a little bit more about what you feel the stakes are when it comes to developing diversity and inclusion practices in law? Like what do you feel like the larger stakes are?

Monica Parker

Well this one may be obvious, but it bears repeating: clients are wanting to see diversity in their legal teams. It’s going to vary from client to client. But we have seen this trend where it’s becoming increasingly important, and there are clients who absolutely demand diversity in their legal teams. And that’s something that’s not going to go away. So that’s a major stake. I would say also, firms, again no surprise, have invested a lot in their people. And so if you invested that much in your people, you want to retain your people, and you want them to succeed, and you want them to be fulfilled. Turnover is expensive.

I’d also say that you want to have a reputation for attracting diverse talent. And candidates for firms are asking about that. That’s something that I’ve noticed that’s also becoming increasingly the case, and not just candidates of color, but white candidates as well, because they want to work at a place that values diversity, equity, inclusion, and belonging. So if you want to attract the best talent, you want DEI to be top of mind.

Crissonna Tennison

I feel like I’ve been hearing that lately, that diversity issues are, in addition to all the other reasons why they’re so important, they’re also important when it comes to just the business elements of running a firm. Do you see any possible trickle down effects of diversity and inclusion in law affecting people in the broader world, like clients or just people who need legal services? Is that something that you think is relevant?

Monica Parker

It’s relevant, because as humans, we all want to see people who look like us. So if I’m a client of a law firm, I would like to see people who look like me working at that law firm, doing well at that law firm, whether it’s a client at a large law firm, you know, a medium sized firm, a small firm. That’s important too just because lawyers often are very involved in their communities as well. It’s important to see the representation match up with the community. So I do think it’s important for that to be there.

There are some of the standard arguments you may have already heard around how diverse teams perform better, have better results overall. So I think that just by nature of having that diversity, you bring a diversity of experiences to the table, and that’s at the end of the day going to be all to the good.

Crissonna Tennison

Do you have any final thoughts or messages to share for listeners or anything that you feel we should have asked or touched on that we didn’t?

Monica Parker

One final point: diversity, equity and inclusion is a team effort. So it’s not up to your DEI person or leadership to make things happen, although those are necessary, folks. I look at it as, D&I requires every person in the organization to be focused on making the workplace an inclusive space where everyone can achieve.

Crissonna Tennison

Yeah, I can see how in an office environment you have to work together to create an effective workplace. And that includes working together to build a more accessible, inclusive workplace where everyone feels comfortable to do their best work.

Thank you so much for coming on through and talking to us today. That was a lot of really interesting and good information. So yeah, thank you for coming and joining our show today and sharing your insights with us.

Monica Parker

Well, thanks again for having me. I enjoyed our conversation.

OUTRO 

Thank you for listening to the National Law Review’s Legal News Reach podcast. Be sure to follow us on Apple Podcasts, Spotify, or wherever you get your podcasts for more episodes. For the latest legal news, or if you’re interested in publishing and advertising with us, visit www.natlaw review.com. We’ll be back soon with our next episode.

Copyright ©2023 National Law Forum, LLC
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Lawyer Bot Short-Circuited by Class Action Alleging Unauthorized Practice of Law

Many of us are wondering how long it will take for ChatGPT, the revolutionary chatbot by OpenAI, to take our jobs. The answer: perhaps, not as soon as we fear!

On March 3, 2023, Chicago law firm Edelson P.C. filed a complaint against DoNotPay, self-described as “the world’s first robot lawyer.” Edelson may have short-circuited the automated barrister’s circuits by filing a lawsuit alleging the unauthorized practice of law.

DoNotPay is marketed as an AI program intended to assist users in need of legal services, but who do not wish to hire a lawyer. The organization was founded in 2015 to assist users in disputing parking tickets. Since then, DoNotPay’s services have expanded significantly. The company’s website offers to help users fight corporations, overcome bureaucratic obstacles, locate cash and “sue anyone.”

In spite of those lofty promises, Edelson’s complaint counters by pointing out certain deficiencies, stating, “[u]nfortunately for its customers, DoNotPay is not actually a robot, a lawyer, or a law firm. DoNotPay does not have a law degree, is not barred in any jurisdiction and is not supervised by any lawyer.”

The suit was brought by plaintiff Jonathan Faridian, who claims to have used DoNotPay for legal drafting projects, demand letters, one small claims court filing and drafting an employment discrimination complaint. Faridian’s complaint explains he was under the impression that he was purchasing legal documents from an attorney, only to later discover that the “substandard” outcomes generated did not comport with his expectations.

When asked for comment, DoNotPay’s representative denied Faridian’s allegations, explaining the organization intends to defend itself “vigorously.”

© 2023 Wilson Elser

March 2023 Legal Industry News Highlights: Law Firm Hiring News, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Welcome back to another edition of the National Law Review’s legal industry news roundup. We hope you are remaining safe, happy, and healthy! Please read on below for the latest in law firm hiring and expansion news, key industry awards and recognition, and a spotlight on important diversity, equity, and inclusion updates!

Law Firm Hiring and Expansion

Joanna Horsnail has been named managing partner of Mayer Brown’s Chicago office, effective February 28, 2023. Her appointment marks the fourth consecutive female leader for the firm’s largest office. Ms. Horsnail’s practice has primarily focused on advising clients on key transformational deals, primarily in the City of Chicago and State of Illinois. Most notably, she counseled on the deal securing the James R. Thompson Center as the corporate headquarters for Google, and has also previously worked with the Illinois Sports Facilities Authority, the Metropolitan Pier & Exposition Authority, the Chicago Symphony Orchestra and other public and not-for-profit organizations.

“Joanna’s well-earned reputation for professional excellence, coupled with her outstanding profile in the Chicago community make her an exceptional choice to lead the office,” said firm chair Jon Van Gorp. “Her natural charisma, approachability as a mentor to many and vision for the office will make her an inspirational and hugely successful leader. I look forward to working closely with her to achieve the growth and development objectives that the firm has for this office, which is where I started my career at Mayer Brown.”

“I’m delighted to be named office managing partner,” said Ms. Horsnail. “I have such tremendous enthusiasm for both Mayer Brown and this office and look forward to guiding the office as we continue our success in Chicago.”

Morten Lund has joined Foley & Lardner’s San Diego office as an of counsel in the Finance Practice Group. Mr. Lund has more than 25 years of experience advising developers, lenders, investors, and other project participants and has extensive experience in the energy sector.

Mr. Lund’s practice has primarily focused on solar energy and energy storage projects. His range of project experience also includes wind energy projects, combustion generator projects, nuclear energy facilities, hydroelectric facilities, cogeneration facilities, chemical facilities, forestry/paper facilities, large aircraft, and shipping fleets. He earned his JD from Yale University.

Eversheds Sutherland has added Megan K. Hall to their Tax Practice Group as a partner. Ms. Hall, located in the firm’s Washington D.C. office, further strengthens the firm’s international tax capabilities, focusing chiefly on transactional matters, cross-border employment and global mobility. She has previously worked with clients including multinational corporations on international tax matters, including the tax aspects of acquisitions, mergers, internal restructurings and business formations.

“I’m very excited to welcome Megan to the team and know she will add depth to our international tax practice,” said Robert S. Chase, US Tax Practice Group Leader. “Megan’s familiarity with cross-border operational structures and the tax considerations relevant to operating a multinational business enhances the firm’s ability to support clients in an area of increased focus for international tax authorities. The firm’s global footprint will provide a unique opportunity to enhance support to her international network.”

Jeremiah Kelly and Justin Coen have joined Venable LLP as partners in the firm’s FDA Group. Mr. Kelly’s practice concentrates on the FDA’s complex regulatory framework, helping clients with product development, application, and compliance for drugs, biologics, medical devices, and combination products. Mr. Coen’s practice focuses on guiding companies through FDA regulations related to drug, biologic, and device development, advising them on every stage of product development and commercialization.

Claudia A. Lewis, a co-chair of the firm’s FDA Group, said, “Venable has established itself among the premier practices in the FDA regulatory space and is regularly called upon to handle a myriad of issues involving the development and marketing of products regulated by the FDA. With the addition of Jeremiah and Justin, our services now include robust legal capabilities for companies navigating the FDA regulatory framework to commercialize drugs, biologics, devices, and combination products, among other product categories.”

Legal Industry Awards and Recognition

Janet Wagner, principal in the Banking practice at Chuhak & Tecson, P.C., has been accepted as a fellow of the respected American College of Mortgage Attorneys (ACMA) for 2023. Fellows of ACMA, which is composed of lawyers in North America who are authorities in mortgage law, seeks to give back to their profession, improving and reforming laws and procedures affecting real estate secured transactions and raising the level of performance of lawyers practicing in this area. Candidates are recommended each year and are selected after thorough review of their qualifications and achievements.

Ms. Wagner primarily focuses her practice on banking and commercial financing transactions, providing key counsel to commercial banks, credit unions, institutional lenders, insurance companies and other lenders. Previously, she has represented lenders involving a variety of classes of real estate in states across the country on acquisitions, refinancing and construction loans.

The Brain Injury Association of America (BIAA) has named Lawrence J. Buckfire to their prestigious Preferred Attorneys Program. The objective of the Preferred Attorneys Program is to offer a credible, diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and individuals with brain injury, their family members/caregivers, and others seeking legal counsel. BIAA Preferred Attorneys are selected for their demonstrated legal credentials and their knowledge of the physical, cognitive, emotional, and financial tolls a brain injury inflicts.

Mr. Buckfire has consistently demonstrated skill and ability in representing those affected by a brain injury. He is the lead trial attorney and managing partner at Buckfire & Buckfire, P.C. His practice focuses primarily on child lead paint poisoning, wrongful death, nursing home neglect, medical malpractice, and other serious injury cases.

Adam Beaudoin of Ward and Smith has been chosen to serve as President-Elect of the Board of Directors for the Community Associations Institute of North Carolina (CAI-NC). The Community Associations Institute seeks to promote and strengthen community associations, focusing on education and resources for homeowners, volunteers, and professional managers.

Mr. Beaudoin brings extensive experience to his new role with CAI-NC, having previously practiced community associations law for nearly two decades. He is the Co-Chair of Ward and Smith‘s Community Associations Practice Group, and he has been a CAI-NC member since 2006. He has presented at several local and national CAI events, served on the Legislative Action Committee, and was a board member prior to his election.

Diversity, Equity, and Inclusion News

Katten Health Care Partner and Deputy General Counsel Kenya Woodruff has been profiled as a Leader in Diversity by the Dallas Business Journal. Ms. Woodruff is the National Chair of Katten’s Diversity Committee Women’s Leadership Forum, where she leads efforts to provide women attorneys with the professional tools and support to take their rightful place as leaders in law.

“I’m particularly proud of the professional development programming we have offered through the Women’s Leadership Forum to help empower our female attorneys at the firm and give them the skills needed to advance in their careers,” says Ms. Woodruff.

Woodruff’s practice centers around the healthcare industry, where she uses her legal, business, and regulatory expertise to support successful clinical operations and corporate transactions. She has previously worked as Deputy General Counsel for Parkland Health & Hospital System and Privacy Officer for a publicly traded radiology company.

Three Barnes and Thornburg attorneys will represent the firm in two 2023 Leadership Council for Legal Diversity ProgramsAdetayo Osuntogun, Partner at the D.C. office, will join LCLD’s Fellows Program, a year-long training program focused on relationship-building and leadership skill development. Indianapolis Associate Alyssa Hughes and Los Angeles Associate Mihran Yezbekyan are joining the LCLD Pathfinders Program, which gives early career professionals the chance to develop tools related to leadership, career development, and professional networking.

Mr. Osuntogun is an international trade law expert focused on helping businesses handle global commerce matters related to trade policy, customs, imports, economic sanctions, export laws, and more. He is active with Alpha Phi Alpha, the Diverse Associates Network, and the National Bar Association. Ms. Hughes, who The Best Lawyers in America listed as one of 2023’s “Ones to Watch,” works in the Litigation Department on matters related to government and internal investigations, corporate criminal defense, and general commercial disputes. Mr. Yezbekyan also works in the Litigation Department, handling product liability, mass torts, and consumer class actions. Outside of the office, he volunteers with the Los Angeles County Bar Association Judicial Elections Evaluation Committee.

“LCLD has been a long-standing partner of Barnes & Thornburg. Their pathfinder and fellow programs align with our mission to position all of our talent to win,” said Dawn R. Rosemond, firm diversity partner. “We know that these programs will only further elevate Adetayo, Alyssa and Mihran’s professional practice and presence.”

Stanley Blackmon, Partner at Bradley Arant Boult Cummings’ Birmingham office, has also been selected to be a 2023 Leadership Council on Legal Diversity Fellow. The program will provide alumni networks, mentoring, accountability partners, leadership lunches, and class meetings to advance his legal diversity efforts and help others to do the same. LCLD Fellows are selected for their leadership, engagement, and commitment to diversity and inclusion, which Mr. Blackmon demonstrates through his active pro bono practice and involvement with the Birmingham Bar Association as President of the Young Lawyers’ Section, the Magic City Bar Association as an Executive Committee Member, the Alabama Standing Committee on Rules of Appellate Procedure, and the American Bar Association.

“We congratulate Stanley on his selection as an LCLD Fellow,” said Bradley Director of Inclusion and Diversity George D. Medlock, Jr. “Since Bradley joined LCLD in 2020, we have been proud to participate in and support the LCLD’s programs, which help prepare future generations of diverse talent for the highest positions of legal leadership.”

Copyright ©2023 National Law Forum, LLC

8 Best Lawyer Forums Online

Though unorthodox for a traditional profession like the law, remote work is becoming a more realistic option for lawyers all over the country. With the help of tools like legal practice management software and options to practice law in multiple states, lawyers everywhere are tackling the challenges of remote work.

But one obstacle that remains is networking. Remote lawyers need to put extra work into maintaining professional connections and building an online presence, both of which are made easier with online forums designed specifically for legal professionals.

What Is an Online Forum?

An online forum is an internet space dedicated to conversation using questions, answers, responses, and prompts. Typically, online forums are asynchronous — users post a question, then other users respond at their leisure.

Posts in forums are archived and arranged into categories like post date, popularity, and more. Discussions can last for hours, days, months, or possibly years, as long as users continue to contribute.

Why Should Lawyers Use Online Forums?

After the rapid shift to remote work during the COVID-19 pandemic, plenty of industries saw the value of allowing employees to work from home – including law firms. More and more lawyers are working remotely, but that could come at the cost of networking.

Networking doesn’t have to mean interactions that take place over coffee, lunch, cocktails, golf excursions, or big events. In the strictest sense, networking is any meeting between people, whether in a group or one on one, online or in-person, which can be done using online forums.

Online forums dedicated to lawyers and the legal industry are an effective way to facilitate networking opportunities when in-person meetings aren’t an option. Getting involved in online forums help lawyers discuss industry topics with experts and thought leaders, stay current on trends and technology, and learn valuable tips from other lawyers.

Top 8 Online Forums for Lawyers

Curious about online forums? Here are the best options for lawyers and legal professionals to engage with other legal professionals and build a network as a remote attorney:

1. Quora

Quora is a broad forum that covers a variety of topics in question-and-answer formats, including the legal industry. You can easily search for questions or topics that are trending in the legal industry and contribute expert answers to boost your credibility. The more answers you provide, and the more other users engage with you, the closer you can get to becoming a thought leader in the space.

2. Bar Association Forums

Bar association forums are always a benefit to lawyers, remote or otherwise. There are plenty of options to choose from, including local bar associations or forums dedicated to your practice area. Best of all, you’ll be engaging with other knowledgeable legal professionals to connect and network.

3. Social Media Groups

Social media channels like Facebook and LinkedIn have dedicated groups that bring together users based on interests or industries, such as the legal industry. These two platforms are among the best for getting into a private or public group and enhancing your online presence. Keep in mind that you are representing yourself as a lawyer in these groups, so use a professional social media account, not your personal one.

The Thomson Reuters Legal Community is an exclusive option for customers of Thomson Reuters that brings together a virtual community of lawyers to network and engage in group settings. You can connect with lawyers from all different practice areas, both locally and nationally, and gain valuable insights from industry experts.

5. The Lawyerist Community

The Lawyerist is an online community dedicated to small firm lawyers to provide coaching, podcasts, books, guides, and other insights. The company has its own online lawyer forum – The Lawyerist Community – on Facebook to discuss law firm best practices, trends, and ideas.

6. Reddit

Reddit has some of the best online forums for a range of different topics, from broad subjects like sports to niche communities dedicated to obscure literature. There’s also a legal forum, r/LawFirm, that’s an informal community for lawyers to discuss running a law firm and the legal industry as a whole. There’s also a lawyer subreddit that you can join if you’re licensed.

7. Slack

Slack is a top-rated collaboration platform that offers individual channels for groups of users. There are several communities dedicated to the law, including LawyerSmack, which is comprised of private attorneys.

8. Law School Alumni Forums

Some law schools have online forums for alumni to stay connected with faculty and colleagues. While not every school offers an online forum for networking, if yours does, you can build vital industry contacts and further your practice. You’ll also get updates on news, trends, and in-person network events by participating in the forum.

Outlook on Online Forums

Remote and hybrid working models are the “new normal,” even for lawyers. Now that law firms and lawyers have seen the benefits in productivity, work-life balance, and enhanced communication afforded by remote work, there’s no going back.

Still, lawyer networking is essential for lawyers to grow their practice, no matter if it’s online or in-person. Along with joining forums to engage in discussions with other industry professionals, you can enhance your remote work with law practice management software. The right law firm software empowers lawyers to manage their practice from anywhere.

Start Networking Remotely

Networking is a big part of successful client acquisition for lawyers. Though it takes a little more work to keep up with networking as a lawyer working remotely, online lawyer forums can keep you connected to other industry professionals. And because you can engage with lawyers all over the country, you can find even more opportunities online than in person at networking events.

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