January 2023 Legal Industry News Highlights: Law Firm Expansion and Promotions, Industry Awards and Achievements, and a Spotlight on Diversity, Equity, and Inclusion in the Legal Field

Welcome back to another edition of the National Law Review’s legal industry news roundup, including a focus on law firm hirings and expansions, noteworthy awards and accomplishments in the field, and the latest in DEI efforts across the industry. We hope you are remaining safe and healthy, and that your new year has started off strong!

Additionally, be sure to check out the latest episode of our legal news podcast, Legal News Reach. New episodes will be forthcoming in 2023!

Law Firm Hiring and Expansion

Jennifer L. Budner has joined Goldberg Segalla’s White Plains office as a member of the Civil Litigation and Trial group. Ms. Budner focuses her practice primarily on litigation and trial counseling, having specialized in personal injury and wrongful death litigation for more than 20 years. She has a great deal of experience handling high exposure labor and construction law matters, and has represented many different types of clients, including property owners and contractors, product manufacturers, and a variety of business owners in various employment and product liability law actions.

Mayer Brown has added partner Richard Snyder to the firm’s Antitrust & Competition practice in Washington DC. Mr. Snyder focuses his practice on civil antitrust litigation, having previously represented clients in both federal and state court, and having appeared regularly before the US Department of Justice and the Federal Trade Commission. He has a great deal of experience in many areas, including merger reviews, criminal antitrust investigations, and a variety of conduct matters.

“With increasing enforcement activity, Rich’s experience in successfully handling antitrust matters in strategic transactions and before various government agencies will be invaluable to our clients,” said William Stallings, co-leader of Mayer Brown’s global Antitrust & Competition practice.

Bergeson & Campbell, P.C. and The Acta Group recently announced a number of noteworthy promotions within the firm:

  • Catherine M. Croke, DBA, has been named Director of Product Stewardship and Regulatory Affairs. Dr. Croke has decades of experience executing product stewardship and regulatory compliance programs in the field of chemicals and materials, formerly serving as Senior Advocacy and Compliance Manager with Evonik Corporation, Regulatory Affairs Manager for Arkema, and a Physical Science Technician with the U.S. Department of Agriculture.
  • Irene M. O’Hara has joined B&C® Consortia Management, L.L.C. (BCCM) as a Consortium Manager. Ms. O’Hara’s specialty is in association management, including stakeholder engagement, project management, and external affairs. She has previously worked with the Association of Corporate Counsel, the Institute of Scrap Recycling Industries, and the Smithsonian Institution’s Hirshhorn Museum.
  • Karin F. Baron, MSPH, has been named the Director of Hazard Communication and International Registration Strategy. With around 20 years’ experience in developing, implementing, and managing complex chemical regulatory compliance strategies, Ms. Baron primarily focuses her practice on navigating the Globally Harmonized System of Classification and Labeling of Chemicals, including classification, labeling, and authoring of compliant safety data sheets, as well as hazard and risk assessment.

Lynn L. Bergeson, Managing Partner of B&C, President of Acta, and President of BCCM, said of the hirings, “Our growing team of experts reflects the diversity of our substantive skill set, our expanding client base, and our commitment to providing our clients with the best and most efficient team of legal, regulatory, and scientific experts available.”

OLIVARES has named two new partners to the firm: Rommy Morales and Jaime Rodríguez. Ms. Morales, who co-chairs the Patent Group at the firm, focuses her practice on prosecution and enforcement of pharmaceutical patents in Mexico. In addition to her wide array of experience counsel to national and international clients regarding the protection and enforcement of their intellectual property rights, she has also repeatedly obtained patents for complex biotechnological inventions that have not been protected elsewhere.

Mr. Rodriguez’s practice is focused on intellectual property and copyright law matters, with extensive experience in trademarks, unfair competition, and domain name dispute resolution. Since 2007, he has achieved a number of impressive litigation results at OLIVARES, and has continued to serve as a professor at various educational institutions in Mexico, as well as publishing a great many articles related to his practice and to intellectual property law in general.

“Our new partners exemplify the success that comes from dedication to the firm’s mission. We are all excited about what the future looks like with these new leaders with us,” said Sergio Olivares, managing partner of the firm.

Legal Industry Awards, Events, and Recognitions

Ward and Smith has been named a 2023 Data Privacy Week champion by the National Cybersecurity Alliance. A non-profit organization that seeks to create a more secure and interconnected world, the National Cybersecurity Alliance works to develop notable partnerships between governments and companies to foster the greater digital good. With the reception of this title, Ward and Smith has committed to upholding the important responsibility of protecting personal information and individual privacy.

“Privacy is a right that must be proactively safeguarded and protected,” said Angela Doughty, CIPP/US. “Data Privacy Week helps remind us of actions we can take now – before it’s too late- in order to ensure security against costly incidents and harm.”

Strassburger McKenna Gutnick & Gefsky attorney Alexis M. Wheeler has been appointed to the Board of Directors of Bethany Christian Services of Western Pennsylvania. Bethany Christian Services is a global non-profit organization that supports children and families with world-class social services. Ms. Wheeler, who first began working with the organization last year, has assisted by providing support for a transitional foster care facility, as well as providing long-term refugee foster care and refugee and immigrant resettlement services.

At Strassburger McKennaMs. Wheeler focuses her practice primarily on municipal law and real estate, and additionally works closely with the litigation practice group and the investigation practice group. Ms. Wheeler started with SMGG as a Law Clerk and was asked to join the firm as an Associate after graduation from law school.

Mark Brutzkus and Nick Rozansky of Stubbs Alderton & Markiles, LLP have been named to Thomson Reuters’ Top 100: 2023 Southern California Super Lawyers List. Thomson Reuters recognizes Super Lawyers each year in Southern California, a process that involves peer recommendations, independent research, and peer evaluations. The lawyers who excel in the Super Lawyers selection process are prominently recognized in the Top 100 list.

Mr. Brutzkus, a partner at the firm, primarily focuses his practice on representing consumer product companies in corporate, commercial, intellectual property, finance, transactional, and other matters. Mr. Rozansky, also a partner at the firm, works in both the Business Litigation and Trademark and Brand Protection Practice Groups. He represents clients in several industries, including fashion and apparel, jewelry, banking and finance, and consumer products.

The Legal Sales & Service Organization (LSSO), the leading industry association for law firm sales and legal service professionals, is beginning 2023 with the announcement of its 20th Anniversary Advisory Board and Editorial Board.

LSSO Co-Founder Silvia Coulter, a Principal of LawVision:

“These industry influencers are the right people at the right time for LSSO to build on its legacy, and together we can reflect on impact to date and act on plans for the future support of LSSO’s members and the broader legal community’s sales and service goals.”

LSSO launched two decades ago, as positions such as Chief Business Development Officer, Client Relationship Executive, Chief Strategy Officer, Director of Project Management, and Client Value Director did not exist inside law firms. Then and today, these roles are essential for any law firm to survive and thrive, and LSSO was formed to meet the unique needs of these roles in a law firm environment.

LSSO is well known in legal circles for annual RainDance Conference, which in 2023 will be held June 7 and 8 in Chicago, which features tactical discussions with senior business development and legal sales professionals, along with keynote speakers who are sought-after industry change agents, and veteran legal services executives.

Diversity, Equity, and Inclusion Efforts

Twelve lawyers from Barnes & Thornburg have been named to the Lawyers of Color’ Law Firm Leaders publication:

  • Michelle N. Bradford, Partner, Co-Chair of Financial and Regulatory Litigation Practice Group
  • Michael A. Carrillo, Secretary of Management Committee and Managing Partner of Chicago Office
  • Jeff Davis, Of Counsel, Chair of Native American Law and Policy Practice Group
  • Roscoe C. Howard, Jr., Chair of Racial Justice Committee and Managing Partner of Washington, D.C., Office
  • Naomi Y. Kwang, Partner, Chair of Greater China and Southeast Asia Practice Group
  • Salvador P. LaViña, Partner, Chair of Real Estate Department
  • Alan K. Mills, Partner, Chair of Special Servicers Group and Co-Chair of Supply Chain Group
  • David Paragas, Partner, Co-Chair of Federal Relations Practice Group
  • Mari Yamamoto Regnier, Partner, Chair of Global Services-Japan Practice Group
  • Kristen L. Richer, Partner, Co-Chair of Consumer Class Action Defense Practice Group
  • Erika Weiss, Associate, Member of Legal Personnel Administration Committee
  • David A.W. Wong, Partner, Chair of Internet and Technology Group

Lawyers of Color is a national nonprofit dedicated to promoting diversity in the legal profession. The organization regularly recognizes noteworthy attorneys in the field through publications and conferences, seeking to advance democracy, equality, and inclusion in marginalized communities and the practice of law.

Michael D. Thomas, Principal at Jackson Lewis P.C., has been featured in the Los Angeles Times’ 2022 Diversity, Equity, Inclusion & Accessibility magazine as a DEIA Visionary. The magazine seeks to highlight notable thought leaders in the California business community who place great emphasis on diversity, equity and inclusion within their field. Mr. Thomas primarily focuses his practice on defending employers in state and federal wage and hour class actions, working in industries including manufacturing, retail, and hospitality.

“Michael’s longstanding efforts to promote and strengthen DEI policies throughout businesses in California are another affirmation of our commitment to these initiatives as a core value of the firm,” said Alison L. Lynchthe firm’s Orange County office managing principal. “We congratulate him on this recognition and look forward to his continued advocacy for a more inclusive workforce.”

Rebecca E. Shope, Partner and Labor, Employment and Benefits Regional Service Line Leader at Shumaker, has been named a 2023 Leadership Council on Legal Diversity Fellow. Ms. Shope, who primarily practices in the fields of labor and employment, litigation, and family law, will be a part of the prestigious LCLD program, which since 2011 has sought to identify, train, and advance the next generation of leaders in the legal profession. The program provides participants with the opportunity to learn from top leaders in the legal profession, as well as experts in the fields of learning and development and executive coaching.

“Rebecca is an exceptional lawyer and future leader who joins a select group of experienced attorneys from diverse backgrounds who have been recognized for their leadership skills within their organizations and in the wider profession,” said Shumaker Partner and Diversity and Inclusion Committee Co-Chair Cheri Budzynski.

Copyright ©2023 National Law Forum, LLC

B.S.ing with Bob Major [PODCAST]

When Bob Major founded Major, Lindsey & Africa in 1982, he could not have envisioned what the organization would become and the impact it would have on the legal profession. In this episode of B.S.: Beyond Stereotypes, Bob shares his journey with Merle Vaughn, including his childhood in Texas and Oklahoma, his Stanford education, and how both influenced his outlook on life personally and professionally.

Bob Major, founder and Partner at Major, Lindsey & Africa, grew up in Texas and Oklahoma. He received his undergraduate degree from Stanford University and attended The University of Texas at Austin where he received a J.D. degree. Bob spent five years at the Washington, D.C., firm of Wilmer, Cutler & Pickering (now WilmerHale) practicing in its federal administrative practice. Prior to founding his own legal recruiting firm, he spent a year in-house as securities counsel at Saga Corporation (Menlo Park, California).

©2023 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.

December 2022 Legal Industry News Highlights: Law Firm Hiring and Growth, End-of-Year Industry Awards, and Diversity and Inclusion News Updates

Happy New Year from the National Law Review! We hope you are remaining happy, safe, and healthy as 2022 ends and 2023 begins. We thank you for all the time you’ve spent with us this past year, and we are looking forward to an even brighter year coming up!

In case you missed it, be sure to check out the National Law Review’s 2022 Go-To Thought Leadership Awards, which recognizes around 75 noteworthy thought leaders that have published with the NLR in the past year. Awardees have been selected for their high-quality writing, timely publication, and wide readerships! The NLR’s thought leadership awards go to a small subsection of our talented contributing authors, and we sincerely appreciate their part in providing the legal community a free to use, reliable news source.

Finally, please be sure to check out this year’s final episode of our Legal News Reach podcast: Creating A Diverse, Equitable and Inclusive Work Environment with Stacey Sublett Halliday of Beveridge & Diamond! Also, a big shout out to Crissonna Tennison and Shelby Garrett for taking on the hosting duties of the NLR’s podcast.

Law Firm Hiring and Expansion

Davis Graham & Stubbs LLP (DGS) has announced the addition of six new partners: Andrea M. Bronson, who focuses her practice on environmental law and litigation; Nathan J. Goergen, who focuses his practice on mergers and acquisitions; Jonathan M. Goldstein, who focuses his practice on real estate law; Almira Moronne, who focuses her practice on mergers and acquisitions and financing; Alena Prokop, who focuses her practice on executive and equity compensation; and Daniel A. Richards, who focuses his practice on complex civil litigation.

“These six attorneys have shown an impressive level of dedication to the firm and to the community we serve,” said Davis Graham & Stubbs Co-Managing Partner Kristin L. Lentz. “Their professionalism, experience, and commitment to our clients make them valuable additions to the firm’s partnership. We wish them all the best in this exciting next chapter in their careers as lawyers at DGS.”

Rob McFadden has joined Hill Ward Henderson as Senior Counsel. A commercial real estate attorney, Mr. McFadden’s practice is primarily focused on representing clients in commercial development work with an emphasis on retail, office, industrial and ground leases. He provides clients with practical advice and solutions that safeguard their interests while furthering their business objectives.

Hill Ward Henderson has also added four new associates: Ana Abado, who focuses her practice on general commercial litigation; Ezichi Chukwu, who focuses her practices on commercial leasing and real estate acquisitions; Matthew Kelly, who focuses his practice on real estate transactions and development agreements; and Tyler Miller, who focuses his practice on mergers and acquisitions, venture capital, and private equity.

Laquan T. Lightfoot has joined Goldberg Segalla’s Transportation and Civil Litigation and Trial groups in Philadelphia. Ms. Lightfoot focuses her practice on a wide array of civil litigation matters, with a particular focus on transportation law. She has also formerly litigated in a variety of fields, including product liability, premises liability, premises security, motor vehicle accident, catastrophic injury, and employment law matters.

In addition to her litigation practice, Ms. Lightfoot serves as an arbitrator with the Philadelphia Court of Common Pleas Compulsory Arbitration Program adjudicating various civil disputes. Before entering private practice, Lightfoot served as an assistant district attorney in the Philadelphia District Attorney’s Office, where she was assigned to Major Trials of the Southwest Division.

Blank Rome LLP has added twelve new partners, as well as four new counsel, effective as of January 1st, 2023. The following attorneys were selected:

“We are thrilled to announce our firm’s 2023 elevated class,” said Grant S. Palmer, Blank Rome’s Managing Partner and CEO. “This group’s demonstrated talent, stellar client service, diverse backgrounds, and collaborative leadership and teamwork in their respective practice areas reflects Blank Rome’s commitment to recruiting, supporting, and advancing talented attorneys who will not only help our firm continue to grow and succeed, but also elevate the next successful generation of legal industry professionals.

Awards and Recognition for Law Firms

Sean C. Griffin, a member at Dykema Gossett PLLC in Washington, D.C., has joined the International Association of Defense Counsel, a highly-recognized, invitation-only global legal organization for attorneys who represent corporate and insurance interests. Mr. Griffin, a former trial attorney for the Department of Justice, represents government contractors, law firms, construction companies, and other businesses in complicated contract litigation. He additionally serves as the senior director at the Federation of Defense & Corporate Counsel.

“I look forward to my membership with the IADC and the opportunity to contribute to this global association of preeminent attorneys,” Mr. Griffin said. “I am excited to meet my fellow members.”

Stubbs Alderton & Markiles, LLP attorney Roger Lee has been recognized by the Los Angeles Business Journal in its annual list of “Leaders of Influence: Thriving in Their 40s.” The list, which specifically honors leading business professionals between the ages of 40 and 49, covers Mr. Lee’s noteworthy representation of Bushfire Kitchen in its new partnership with leading private investment firm CapitalSpring to fuel Bushfire’s growth in Southern California and beyond.

Mr. Lee is senior counsel at Stubbs Alderton & Markiles. His practice is primarily focused on advising emerging growth and middle market companies in a wide variety of transactions, including buy and sell side mergers and acquisitions, mezzanine and senior debt financing transactions, and asset-based financing transactions. Notably, Mr. Lee was also recognized as a 2022 Go-To Thought Leader by the National Law Review for his coverage of President Biden’s Creating Helpful Incentives to Produce Semiconductors Act.

John Rolecki of Varnum LLP has been named to the Privacy Bar Section Advisory Board for the International Association of Privacy Professionals, a not-for-profit association committed to providing a forum for privacy professionals. As the world’s largest information privacy organization, the IAPP is dedicated to defining, promoting, and improving the privacy profession globally by allowing professionals to share best practices, track trends, and advance privacy management issues.

Mr. Rolecki is a partner in Varnum’s Data Privacy and Cybersecurity Practice. Primarily, he advises leading technology companies on emerging domestic and international data privacy regulations, and additionally provides counsel on matters such as data breach responses and ransomware situations.

Legal Industry Diversity, Equity, and Inclusion News

Emily Burkhardt Vicente, a labor and employment partner at Hunton Andrews Kurth, and Jane Hinton, a real estate investment and finance partner at Hunton Andrews Kurth, were recognized as 2022 Diversity & Inclusion Visionaries in The Los Angeles Times’ Diversity, Equity, Inclusion & Accessibility magazine. This publication recognizes diverse business leaders who inspire change and exhibit achievements both within their organizations and the community at large through actionable programs and initiatives impacting diversity, equity, inclusion and accessibility.

Ms. Hinton focuses her practice primarily on real estate transactions, which includes joint ventures, acquisitions, and leasing and portfolio property management. She places a particular emphasis on structuring debt and equity transactions. Ms. Vicente co-chairs the firm’s labor and employment group, focusing her practice primarily on complex employment litigation (such as California and FLSA wage and hour class and collective actions), PAGA actions, and employment discrimination class actions.

Recently, a number of lawyers and legal professionals have been named to the Lawyers of Color 2022 Hot List. Four attorneys at Foley & Lardner LLP have been named to the list, including partner Senayt Rahwa, senior counsel Olivia Singelmann, and associates Elizabeth Nevle and Jennifer Park. The publication is a nonprofit dedicated to promoting diversity in the legal profession, as well as advancing democracy and equality in marginalized communities.

Ms. Rahwa and Ms. Singelmann are both located in the firm’s Washington, D.C. office. Ms. Rahwa focuses her practice on finance and financial institutions, whereas Ms. Singelman focuses her practice on government enforcement defense, investigations, and business litigation. Ms. Nevle, located in the firm’s Houston office, focuses her practice on business litigation and dispute resolution. Ms. Park, located in the firm’s Chicago office, focuses her practice on business litigation and dispute resolution as well.

Katten’s Fabiola Valenzuela has also been added to the Lawyers of Color 2022 Hot List. Ms. Valenzuela concentrates her practice on structuring, negotiating and documenting business transactions, previously representing companies and investors through the entire corporate life cycle. She places particular focus on formations, mergers, acquisitions, venture capital financings, and corporate governance.

At the firm, Ms. Valenzuela also maintains an active pro bono practice, handling, among other matters, cases involving minors in federal immigration and deportation proceedings.

Moore & Van Allen’s (MVA) Jules W. Carter has also been named to the 2022 Lawyers of Color Hot List. Located in the firm’s Charlotte office, Ms. Carter concentrates on financial regulatory compliance issues, helping clients navigate complex regulatory environments and pursue business strategies that balance innovation with risk-awareness.

“Making the Lawyers of Color Annual Hot List is a prestigious and well-deserved honor for Jules,” said Thomas L. Mitchell, MVA’s managing partner and chair of the firm’s Management Committee. “We are proud of Jules’ commitment to provide sophisticated litigation and regulatory services to our clients, and grateful for her leadership as the chair of the firm’s Black Attorney Resource Group.”

Copyright ©2022 National Law Forum, LLC

An Essential Guide to Become a Paralegal

Paralegals are the backbone of the legal industry. By supporting lawyers and managing their day-to-day tasks, paralegals ensure that the law firm runs smoothly and efficiently.

If you’re interested in becoming a paralegal or want to strengthen your skills, continue reading to learn more about this growing field, the job responsibilities, and what you can do to position yourself for success.

What Is a Paralegal?

A paralegal is a professional in the legal field who performs tasks that require knowledge of the law and legal concepts but not to the full extent of a lawyer licensed to practice law. As part of the support staff, a paralegal is working to enhance a lawyer’s work, and the lawyer takes full responsibility for that work produced.

What Do Paralegals Do?

Paralegals assist lawyers with legal cases by researching and preparing reports for lawyers to use in their work. They’re not permitted to work alone and must be under the supervision of a licensed attorney. Paralegals may work in many legal settings, including law firms, nonprofits, and government agencies, but their duties may include:

  • Investigating information about a case

  • Researching information about a case

  • Interviewing witnesses

  • Researching and learning about regulations and laws

  • Writing reports

  • Maintaining a database of records related to each case

  • Drafting letters, documents, and emails

  • Acquiring affidavits for court

  • Helping to draft legal arguments

  • Corresponding with clients

  • Preparing wills, real estate contracts, divorce decrees, and other civil documents

The duties of a paralegal can vary according to the environment in which they work. They can work within an area of practice, just like lawyers do, with different duties. For example, they may work in probate, immigration, litigation, intellectual property, or corporate law.

Is Paralegal Work Difficult?

The legal field is high pressure, high stakes, and driven by deadlines, and not just for lawyers. Working as a paralegal has its perks, but it can be stressful and demanding. Clients trust in the lawyer to protect their best interests, and that lawyer is depending on the paralegal to make that possible.

What Skills Should a Paralegal Have?

Paralegals have a variety of hard and soft skills, including:

  • Communication: Paralegals must communicate with lawyers, clients, court officials, witnesses, government officials, and insurance companies in both verbal and written correspondence.

  • Investigative Skills: A lot of paralegal work involves researching, analyzing, and seeking out information to assist lawyers. Paralegals must have attention to detail and a good eye for discerning relevant facts.

  • Teamwork: Paralegals don’t work alone. They must interact with other paralegals, legal assistants, secretaries, and lawyers throughout the day, so teamwork is essential.

  • Time Management: Much of the legal field revolves around good time management, and not just for lawyers. Paralegals have to adhere to deadlines and complete tasks in a timely manner, knowing how to prioritize appropriately.

  • Technology Skills: Paralegals use technology to complete their work, often using word processors, spreadsheets, and presentation software. Many law firms use law practice management software, which paralegals must also learn to use effectively.

How Do You Become a Paralegal?

Paralegals are not licensed on the national level, so there are no federal standards for the profession. Only a few states regulate the profession on the state level. Instead, the employers establish the hiring standards and require some formal education.

The options for paralegal education or training include:

Associate Degree

An associate degree takes about two years to complete and requires a high school diploma. Some schools may have additional admissions requirements.

Bachelor’s Degree

A bachelor’s degree in legal studies, paralegal studies, or similar fields is appropriate for paralegal education. Typically, bachelor’s degrees take four years to complete. According to the National Federation of Paralegal Associations (NFPA), more employers are placing an emphasis on earning a bachelor’s degree.

Master’s Degree

If you have a bachelor’s degree, a master’s degree in legal studies (MLS) is a good choice to increase your knowledge in skills like negotiation, employment law, legal writing, and intellectual property law. This not only deepens the skill set for a paralegal, but it offers a broader scope of work as a legal professional.

Paralegal certification is another option to either replace a degree program or enhance it. The NFPA recommends achieving a paralegal certification to enhance employment prospects. There are several options available from the National Association of Legal Assistants (NALA), including a Certified Paralegal, an Advanced Certified Paralegal, and a Professional Paralegal certification.

Several schools also offer certification programs for paralegal work, though it’s important to research carefully to ensure you’re getting a certification that will benefit you professionally.

Are There Different Requirements in Each State to Become a Paralegal?

Generally, paralegals don’t have to meet any state licensing requirements, according to the United States Bureau of Labor Statistics (BLS). Professional certification or degrees at the national and regional level is voluntary.

That said, state governments have no restrictions from establishing their own rules, and a few states have chosen to regulate the paralegal profession closely.

According to the American Bar Association, California has restrictions for workers using the title “paralegal,” as well as “freelance paralegal,” “contract paralegal,” “independent paralegal,” “legal assistant,” and “attorney assistant.” These rules prohibit paralegals from engaging in certain activities, including representing clients in court or giving legal advice. They also have minimum education and experience requirements, as well as continuing education requirements.

In addition, both Washington and Utah require licensing for paralegals and non-attorney roles in the legal field. This doesn’t mean these paralegals must be licensed to work, but that highly educated and experienced paralegals can become credentialed to perform a broader scope of legal work.

Outlook of Paralegals

According to the BLS, the median annual wage for paralegals and legal assistants was $56,230 as of May 2021. Employment of paralegals and legal assistants is projected to grow 14% from 2021 to 2031, which is a faster rate than all occupations. About 45,800 openings for these roles are projected each year, on average, over the next decades.

Since the recession, law firms have been making changes to become more efficient and competitive, which may include expanding the scope of work for paralegals. Other institutions also recognize the benefits of workers with legal training, such as government agencies and banks.

Since then, there’s been a rising demand for paralegals — particularly ones with technology skills. Paralegals that can navigate technology tools, such as law practice management software, digital forensics, and electronic evidence discovery and preservation, are highly sought.

Paralegals often handle billing and invoicing, which is simplified with legal billing software.

Pro Tip: To gain a competitive edge, paralegals should consider receiving a certificate in law practice management software. PracticePanther offers the certification for free and can be completed on your own time.

Become a Skilled Paralegal

The role of paralegals is growing in demand and constantly evolving. Though it’s not required, the more educated and technologically sophisticated paralegals are, the more career opportunities they have in the legal field – and that includes experience and skills with law practice management software.

© Copyright 2022 PracticePanther

Bouncing Back with Shaun Sethna [PODCAST]

Finding the right home for your career can do wonders to change your perspective. For Shaun Sethna, the move in-house was exactly what he needed to go from feeling like work as something he had to do to work being something he enjoyed. In this episode of Bouncing Back, he talks to Rebecca Glatzer about his career journey, the bumps along the way and his growth mindset.

Shaun Sethna is Deputy General Counsel at Altisource, a FinTech and services provider to the mortgage and real estate industries.  Shaun has been at Altisource for almost 10 years, where his practice focuses on technology transactions and M&A.  He also developed and helps to manage a team focused on contracts, compliance, and general legal support to Altisource’s technology, mortgage cooperative and insurance businesses. Previously Shaun was at Schlumberger in Houston, and he got his start in the IP practice group at King & Spalding LLP in Atlanta. Shaun received his undergraduate degree in Industrial Engineering from the Georgia Institute of Technology and his J.D. from Columbia Law School.  Shaun’s favorite aspect of his job is managing and developing teams.

©2022 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.

When Corporate Legal Teams Break

Forward-thinking organizations that refocus their legal teams on the removal of systemic friction and value creation can better detect and forecast risk; however, organizations that have not modernized their legal teams often miss subtleties masking surprisingly deep areas of risk. Recent history shows nothing is too big to fail, but earlier risk detection may have helped avoid some of the most catastrophic losses.

The most recent and notable industry-wide example, of course, was the financial services industry, which triggered the Great Recession from 2007 to 2009.

In the world’s most infamous accounting scandal, Enron imploded in 2001, wiping out $74bn of shareholder funds and the pensions and jobs of thousands of employees. Enron’s auditor also collapsed. The organizations were interconnected and dependent systems. One fell, the other followed. Undetected risk festered and worsened, and the interconnectedness of these organizations and systems created a complex network that made detecting risk more difficult.

As modern society demands more capable systems, they become more interconnected and complex by necessity. As Meltdown: Why Our Systems Fail and What We Can Do About It posits, this staggering complexity means that tiny mistakes or simple accidents can lead to devastating catastrophes that often go undetected. The reasons for failure can stem from very different problems, but the underlying causes are similar.

In accounting scandals with nefarious actors, huge debts are obscured and once revealed, lead to corporate failure. In legal departments with good actors – led by a noble General Counsel (GC) who serves as the defender of the enterprise – business risks are obscured and once revealed, can lead to devastating consequences: bet-the-company litigation, core intellectual property battles, merger & acquisition failure, and crippling regulatory fines, to name a few.

Embracing digital helps identify and expose risk, but organizations set the stage for failure when legal, or other critical functions, don’t keep up, fail to embrace the digital evolution, become disconnected, and lack or lose visibility. Those organizations make decisions without a clear view of the legal implications, and they might not even know it because, for now, they operate with blind trust of the Office of the GC.

Corporations in all industries are “going digital” to remain competitive amidst technological disruption. This focus on digital starts with core products and service offerings, and then is pushed throughout the business to align company to product. The result? Faster moving businesses with a wave of demand pummelling the legal department…if not yet, then soon as digital initiatives across the business mature.

Most corporate legal departments simply do not have the systems required to keep up — providing consistent regulatory counsel, detecting and preventing impending litigation, or simply knowing who is doing what in the legal organization is already a challenge Risk is obscured. A “break” like we’ve never experienced is primed.

If we examine the ecosystem, the warning signs are there.

Catching up to other corporate functions

As demands on legal teams continue to grow and CFOs ask GCs to do more with less, quality suffers amid rising law firm rates and unchecked complexity. Corners get cut. Risks emerge while their likelihood to go undetected rises. Of course, when adding headcount is not an option, revamping processes and technology is often the answer.

In finance, accounting, information technology, and human resource departments, among others, advances in technology have enabled self-service, helped control costs, made it easier to compare costs, and increased quality choices. These corporate functions have embraced systems-level restructuring with artificial intelligence (AI), data analytics, cloud computing and “Big Data” to modernize working practices and improve performance.

In their often siloed and conservative world, most GCs and corporate legal departments, on the other hand, make crucial decisions guided as much by gut instinct as by data and industry benchmarks. For decades, they have resisted change or lacked sufficient resources to enable change in technology, working practices, and corporate culture. Now, with the real-time requirement for speed, scale, and transparency — that era is over.

To retain and increase influence, improve their performance and trim costs as recessionary fears grow, GCs would be wise to more fully modernize their legal departments quickly through an open, digitally-savvy, and collaborative working culture.

Collaborate and listen

Building a data-driven, digital, secure and scalable legal system is an ethical and commercial imperative for GCs. Technology is part of the solution but not the place to start.

To more proactively expose, manage and mitigate risk, executives and their boards need GCs to emphasize the imperative for a more analytical, data-based and efficient approach to corporate legal practice with concrete examples to punctuate the “Why.”

You could start with three actions.

  1. Educate yourself and your colleagues about trends in legal digitization, performance improvement and new working practices. A comprehensive source of information is thDigital Legal Exchange, a global institute of leading thinkers from academia, business, government, technology and law.
  2. Become Modern. Be the change. Lead the change. Make tough decisions about your top leaders and whether they are capable of a data and digital-first mindset and way of working. Change leadership is the prime point of failure for legal modernization efforts.
  3. Be ambitious in the scope of your reforms. Small, pilot projects (ie, e-signature or automated NDAs) won’t make much of an impact and won’t convince your board of the need for bold legal change.

Modernizing the legal system and companies’ legal departments can improve affordability and performance for clients, lawyers, company boards, and shareholders.

Absent modern means of detection, legal risk can proliferate unknown and unseen only to all too often reveal triggers of impending corporate failure when it’s already too late.

© 2022 UnitedLex, All Rights Reserved

How to Unplug From Work During the Holidays

It can be challenging to fully unplug from work during the holidays, especially if you have a lot of responsibilities or if you run your own business.

But taking a break from work during this slower period can be beneficial for your mental health and overall well-being.

It’s really important to not feel guilty about taking some time off or deciding that you don’t necessarily want to take time off, maybe want to spend time building your brand and business and if you do, I have plenty of tips for that as well!

Here are a few tips for unplugging from work during the holidays:

  • Set boundaries: Let your coworkers and clients know that you will be unavailable during specific times, such as during the holidays or on a certain day of the week. This will help prevent you from feeling pressure to respond to work-related messages or calls while you are trying to relax.
  • Create a relaxing routine: Plan activities that will help you relax and unwind, such as exercising, reading or spending time with family and friends. Having a relaxing routine can help you disconnect from work and focus on self-care.
  • Avoid checking work emails or messages too often. Try to resist the temptation to check work emails or messages all the time while you are on vacation. If you must check your email, set a specific time each day to do so and limit the amount of time you spend on it.
  • Take breaks from work-related tasks: If you are working on a project or task during the holidays, take regular breaks to rest and recharge. This will help you avoid burnout and maintain a healthy work-life balance.
  • Plan in advance: This is a great time of year to repurpose your content and utilize social media scheduling tools so that you don’t actually need to be present online to post. That being said, if you post anything you should still check social media so that you can engage with the comments on your posts, because that helps increase visibility. Let what you already have work, harder and smarter for you!

By setting clear boundaries, creating a relaxing routine and taking breaks from work-related tasks, you can help ensure that you fully unplug from work and enjoy your time off during the holidays!

Which of these tips resonate with you and do you have any others to add?

PS – If you’re looking for ways to build your brand during downtime here are a few ideas:

  • Use this time to assess your brand and identify areas for improvement. This could involve updating your website, revamping your social media accounts, or reassessing your target audience.
  • Create valuable content that can be shared during downtimes. This could be blog posts, videos, podcasts or other forms of content that showcase your expertise and add value to your audience.
  • Engage with your audience on social media or through email newsletters. Keep your audience updated on your brand and continue to provide value, even during downtimes.
  • Partner with other brands or influencers to cross-promote your products or services. This can help expose your brand to a new audience and increase your reach.
  • Take advantage of any downtime to learn new skills or attend workshops or conferences. This will help you stay current and improve your expertise, which can benefit your brand in the long run. (Check out my YouTube channel for lots of videos!)
  • Use downtime to reflect on your brand and consider new ways to innovate and stand out in your industry. This could involve launching new products or services, or finding unique ways to differentiate your brand.

Which one of these will you try? Happy holidays!

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Washington State’s Pay Transparency Law Takes Effect January 1, 2023

Effective January 1, 2023, Washington employers must comply with SB 5761, commonly known as Washington’s Pay Transparency Law, signed by Governor Jay Inslee on March 30, 2022. SB 5761 amends Washington’s Equal Pay and Opportunity Act (RCW 49.58) to require employers with 15 or more employees to include in each job posting the wage scale or salary range of the job and a general description of all of the benefits offered and to identify other compensation offered. The law also requires employers to provide existing employees who are promoted or offered a new position with the wage scale or salary range of the new position.

IN DEPTH


Washington’s Equal Pay and Opportunity Act currently only requires employers to provide applicants with the minimum wage or salary for the position they seek and only upon the applicant’s request after the employer makes the job offer.

WHAT IS THE PAY TRANSPARENCY LAW?

Effective January 1, 2023, employers must disclose in each posting for each job opening the wage scale or salary range and a general description of all benefits and other compensation to offered to the hired applicant.

Job postings mean “any solicitation included to recruit job applicants for a specific available position,” and electronic or hard-copy records that describe the desired qualifications, whether the employer solicits applicants directly or indirectly through a third party.

Washington’s Department of Labor and Industries (DLI) has published a draft administrative policy that provides employers with guidance on compliance.

WHICH EMPLOYERS ARE COVERED?

The law applies to employers with 15 or more employees.

DLI’s guidance clarifies that the law applies to all employers with 15 or more employees, engaging in any business, industry, profession or activity in Washington. The 15-employee threshold for covered employers “includes employers that do not have a physical presence in Washington, if the employer has one or more Washington-based employees.” This law applies to employers even if they do not have a physical presence in Washington but engage in business in Washington or recruit for jobs that could be filled by a Washington-based employee.

WHAT MUST EMPLOYERS INCLUDE IN THE POSTING?

Employers must disclose in each posting for each job opening:

  • The opening wage scale or salary range
  • A general description of all benefits and other compensation offered.

Per the DLI’s guidance, employers must make these disclosures in postings for remote work that could be performed by a Washington-based employee. Employers cannot avoid these disclosure requirements by stating in the posting that it will not accept Washington applicants.

Wage Scale or Salary Range

The DLI’s guidance identifies examples of information that should be included in a posting.

A wage scale or salary range should provide the applicant with the employer’s most reasonable and genuinely expected range of compensation for the job, extending from the lowest to the highest pay established by the employer prior to publishing the job posting. If the employer does not have an existing wage scale or salary range for a position, the scale or range should be created prior to publishing the job posting. For example, the scale or range’s minimum and maximum should be clear without open-ended phrases such as “$60,000/per year and up” (with no top of the range), or “up to $29.00/hour” (with no bottom of the scale).

Employers should update the posting to reflect any changes to the wage scale or salary range. If the employer offers a different position than what the applicant applied for, the employer may offer the applicant the wage scale or salary range specific to the position offered, rather than the position in the posting.

If an employer intends to implement a “starting range” or “starting rate” for an initial timeframe of employment or probationary period, the starting range or rate may be listed on the posting, but the entire scale or range must also be listed on the posting.

If an employer publishes a job posting for a job opening that can be filled with varying job titles, depending on experience, the employer should specify all potential wage scales or salary ranges that apply. The job posting should clearly define the lowest to highest pay established for each potential job position, as indicated in the example below:

  • Accounting Analyst 1: $27.00 – $29.00 per hour
  • Accounting Analyst 2: $65,000 – $75,000 per year
  • Accounting Analyst 3: $80,000 – $95,000 per year.

If an employer posts a job that is compensated by commission rates, the employer should include the rate or rate range (percentage or otherwise) that it would offer to the hired applicant, as indicated in the example below:

  • Commission-based salesperson: 5–8% of net sale price per unit.

General Description of All Benefits 

A general description of all benefits includes, but is not limited to, healthcare benefits, retirement benefits, any benefits permitting paid days off (including more-generous paid sick leave accruals, parental leave, and paid time off or vacation benefits), and any other benefits that must be reported for federal tax purposes, such as fringe benefits.

If the general description of all benefits changes after an employer has published a posting and the posting remains published, the employer should update the posting.

If insurance or retirement plans are included as part of the position’s benefits package, employers should list the types of insurance and retirement plans in the job posting, such as medical insurance, vision insurance, 401k and employer-funded retirement plan. Similarly, if an employer offers paid vacation, paid holidays or paid sick leave benefits, employers should list in detail the amount of days or hours offered for each benefit.

The DLI’s example of a general description of all benefits is as follows:

  • “Employees (and their families) are covered by medical, dental, vision, and basic life insurance. Employees are able to enroll in our company’s 401k plan, as well as a deferred compensation plan. Employees will also receive eight hours of vacation leave every month, as well as eight hours of Washington paid sick leave every month. Employees will also enjoy twelve paid holidays throughout the calendar year. Two weeks of paid parental leave will also be available for use after successful completion of one year of employment.”

General Description of Other Compensation 

Other compensation includes, but is not limited to, any discretionary bonuses, stock options or other forms of compensation that would be offered to the hired applicant in addition to their established salary range or wage scale. Some forms of other compensation can include, but are not limited to, commissions, bonuses, profit-sharing, merit pay, stock options, travel allowance, relocation assistance and housing allowance.

Employers need only describe the other compensation and need not include the total monetary value of the other compensation in a job posting. However, employers who choose to include the total monetary value of other compensation in a job posting must also include the required general description of benefits and other compensation in addition to the wage scale or salary range.

The DLI’s example of a general description of other compensation is as follows:

  • “Hired applicant will be able to purchase company stock, receive annual bonuses, and can participate in profit-sharing. Hired applicant will also receive an equity grant in the form of either a direct grant of stock that will be specified in the employment contract or an option to purchase stock in the future for a specified price.”

In electronic job postings, the posting must have the general description of the benefits and other compensation, but employers can use a link to provide a more detailed description of benefits and other compensation. However, “it is the employer’s responsibility to assure continuous compliance with functionality of links, up-to-date information, and information that applies to the specific job posting, regardless of any use of third-party administrators.”

WHAT ARE THE CONSEQUENCES OF NONCOMPLIANCE?

Where an employer is out of compliance with this law, applicants and employees will be able to file a complaint with the DLI or file a civil lawsuit against the employer in court.

If applicants or employees file a complaint with the DLI, the DLI may issue a citation and/or notice of assessment and order the employer to pay to the complainant actual damages, double statutory damages (or $5,000, whichever is greater), interest of 1% per month on compensation owed, payment to the department for the costs of investigation and enforcement, and other appropriate relief. The DLI may also order an employer to pay civil penalties in response to complaints, ranging from $500 for a first violation to $1,000 or 10% of damages (whichever is greater) for a repeat violation.

If applicants or employees file a civil lawsuit, remedies may include actual damages, double statutory damages (or $5,000, whichever is greater), interest of 1% per month on compensation owed, and reimbursement of attorneys’ fees and costs. Recovery of wages and interest will be calculated back four years from the last violation.

Note: This alert was drafted based on Washington State’s Department of Labor & Industries’ Draft Administrative Policy, which may be superseded by a revised final version before January 1, 2023. 

© 2022 McDermott Will & Emery

Privacy Rights in a Remote Work World: Can My Employer Monitor My Activity?

The rise in remote work has brought with it a rise in employee monitoring.  Between 2019 and 2021, the percentage of employees working primarily from home tripled.  As “productivity paranoia” crept in, employers steadily adopted employee surveillance technologies.  This has raised questions about the legal and ethical implications of enhanced monitoring, in some cases prompting proposed legislation or the expanded use of laws already on the books.

Employee monitoring is nothing new.  Employers have long used supervisors and timeclock programs, among other systems, to monitor employee activity.  What is new, however, is the proliferation of sophisticated monitoring technologies—as well as the expanding number and variety of companies that are employing them.

 While surveillance was once largely confined to lower-wage industries, white-collar employers are increasingly using surveillance technologies to track their employees’ activity and productivity.  Since the COVID-19 pandemic started in March 2020, one in three medium-to-large companies has adopted some form of employee monitoring, with the total fraction of employers using surveillance technologies closer to two in three.  Workers who are now subject to monitoring technologies include doctors, lawyers, academics, and even hospice chaplains.  Employee monitoring technologies can track a range of information, including:

  • Internet use (e.g., which websites and apps an employee has visited and for how long);

  • How long a computer sits idle;

  • How many keystrokes an employee types per hour;

  • Emails that are sent or received from a work or personal email address (if the employee is logged into a personal account on a work computer);

  • Screenshots of a computer’s display; and

  • Webcam photos of the employee throughout the day.

These new technologies, coupled with the shift to remote work, have blurred the line between the professional and the personal, the public and the private.  In the face of increased monitoring, this blog explores federal and state privacy regulations and protections for employees.

What are the legal limitations on employee monitoring?

 There are two primary sources of restrictions on employee monitoring: (1) the Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. §§ 2510 et seq.; and (2) common-law protections against invasions of privacy.  The ECPA is the only federal law that regulates the monitoring of electronic communications in the workplace.  It extends the Federal Wiretap Act’s prohibition on the unauthorized interception of communications, which was initially limited to oral and wire communications, to cover electronic communications like email.  As relevant here, the ECPA contains two major exceptions.  The first exception, known as the business purpose exception, allows employers to monitor employee communications if they can show that there is a legitimate business purpose for doing so.  The second exception, known as the consent exception, permits employers to monitor employee communications so long as they have consent to do so.  Notably, this exception is not limited to business communications, allowing employers to monitor employees’ personal communications if they have the requisite consent.  Together, the business purpose and consent exceptions significantly limit the force of the ECPA, such that, standing alone, it permits most forms of employee monitoring.

In addition to the ECPA’s limited protections from surveillance, however, some states have adopted additional protections of employee privacy.  Several state constitutions, including those of California, South Carolina, Florida, and Louisiana, guarantee citizens a right to privacy.  While these provisions do not directly regulate employers’ activity, they may bolster employees’ claims to an expectation of privacy.  Other states have enacted legislation that limits an employer’s ability to monitor employees’ social media accounts.  Virginia, for example, prohibits employers from requiring employees to disclose their social media usernames or passwords.  And a few states have enacted laws to bolster employees’ access to their data.  For example, the California Privacy Rights Act (CPRA), which comes into full effect on January 1, 2023, and replaces the California Consumer Privacy Act (CCPA), will provide employees with the right to access, delete, or opt-out of the sale of their personal information, including data collected through employee monitoring programs.  Employees will also have the right to know where, when, and how employers are using their data.  The CPRA’s protections are limited, however.  Employers will still be able to use surveillance technologies, and to make employment decisions based on the data these technologies gather.

Finally, several states require employers to provide notice to employees before monitoring or intercepting electronic communications.  New York recently adopted a law,  Senate Bill (SB) S2628, that requires all private-sector employers to provide notice of any electronic monitoring to employees (1) upon hiring, via written or electronic employee acknowledgment; and (2) in general, in a “conspicuous place” in the workplace viewable to all employees.  The new law is aimed at the forms of monitoring that have proliferated since the shift to remote work, and covers surveillance technologies that target the activities or communications of individual employees.  Delaware and Connecticut also have privacy laws that predate SB S2628.  Delaware requires notice to employees upon hire that they will be monitored, but does not require notice within the workplace.  Meanwhile, Connecticut requires notice of monitoring to be conspicuously displayed in the workplace but does not require written notice to employees upon hire.  Accordingly, in many states, employee privacy protections exceed the minimum standard of the ECPA, though they still are not robust.

How does employee monitoring intersect with other legal rights?

Other legal protections further limit employee monitoring.

First, in at least some jurisdictions, employees who access personal emails on their work computer, or conduct other business that would be protected under attorney-client privilege, maintain their right to privacy for those communications.  In Stengart v. Loving Care Agency, Inc., 408 N.J. Super. 54 (App. Div. 2009), the Superior Court of New Jersey, Appellate Division, considered a case in which an employee had accessed her personal email account on her employer’s computer and exchanged emails from that account with her attorney regarding a possible employment case against her employer.  The employer, who had installed an employee monitoring program, was able to access and read the employee’s emails.  The Court held that the employee still had a reasonable expectation of privacy and that sending and receiving emails on a company-issued laptop did not waive the attorney-client privilege.  The Court thus required the employer to turn over all emails between the employee and her attorney that were in its possession and directed the employer to delete all of these emails from its hard drives.  Moving forward, the Court instructed that, while “an employer may trespass to some degree into an employee’s privacy when buttressed by a legitimate business interest,” such a business interest held “little force . . . when offered as the basis for an intrusion into communications otherwise shielded by the attorney-client privilege.”  Stengart, 408 N.J. Super. at 74.

Second, employee monitoring can run afoul of protections related to union and other concerted activity.  The General Counsel for the National Labor Relations Board (NLRB) recently announced a plan to curtail workplace surveillance technologies.  Existing law prohibits employers from using surveillance technologies to monitor or record union activity, such as by recording employees engaged in picketing, or otherwise interfering with employees’ rights to engage in concerted activity.  The General Counsel’s plan outlines a new, formal framework for analyzing whether employee monitoring interferes with union or concerted activity.  Under this framework, an employer presumptively violates Section 7 or Section 8 of the National Labor Relations Act (NLRA) where their “surveillance and management practices, viewed as a whole, would tend to interfere with or prevent a reasonable employee from engaging in” protected activities.  Examples of technologies that are presumptively violative include key loggers, webcam photos, and audio recordings.

Do I have a claim against my employer?

While federal and state restrictions on employee monitoring are limited, you may have a legal claim against your employer if its monitoring is overly intrusive or it mishandles your personal data.  First, an invasion-of-privacy claim, for the tort of intrusion upon seclusion, could exist if your employer monitors your activity in a way that would be highly offensive to a reasonable person, such as by accessing your work laptop’s webcam or internal microphone and listening in on private affairs in your home.  Second, you may have a claim against your employer for violating its legal duty to protect your personal information if data it collects in the course of monitoring your work activity is compromised.  In Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018), employees at the University of Pittsburgh Medical Center and UPMC McKeesport (collectively, UPMC) filed a class-action complaint alleging that UPMC breached its legal duty of reasonable care when it failed to protect employees’ data, which was stolen from UPMC computers.  The Pennsylvania Supreme Court found for the plaintiffs, holding that employers have an affirmative duty to protect the personal information of their employees.  Because the Pennsylvania Supreme Court’s holding was grounded in tort principles that are recognized by many states (i.e., duty of care and negligence), it may pave a path for future cases in other jurisdictions.  Third, if any medical information is accessed and improperly used by your employer, you may have a claim under the Americans with Disabilities Act, which requires that employers keep all employee medical information confidential and separate from all other personnel information.  See 42 U.S.C. § 12112(d)(3)(B)-(C), (4)(B)-(C).

Conclusion

Employees are monitored more consistently and in more ways than ever before. By and large, employee monitoring is legal.  Employers can monitor your keystrokes, emails, and internet activity, among other metrics.  While federal regulation of employee monitoring is limited, some states offer additional protections of employee privacy.  Most notably, employers are increasingly required to inform employees that their activity will be monitored.  Moreover, other legal rights, such as the right to engage in concerted activity and to have your medical information kept confidential, provide checks on employee surveillance.  As employee monitoring becomes more commonplace, restrictions on surveillance technologies and avenues for legal recourse may also grow.

Katz Banks Kumin LLP Copyright ©

Episode 6: Shifting Mindsets: How Client-Focused Approaches Can Improve Law Firm Success with Matt Spiegel, CEO of Lawmatics

Welcome to Season 2, Episode 6 of Legal News Reach!

National Law Review Web Publication Specialist Crissonna Tennison and Matt Spiegel, Co-Founder and CEO of Lawmatics, discuss the mindsets that are necessary for law firm success. Practicing law isn’t just about winning cases—it’s about creating a supportive client experience in and out of the courtroom. How can firms integrate legal technology to center their clients, boosting their business success in the process?

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 into the Legal News Reach podcast. My name is Crissonna Tennison, Web Publication Specialist for the National Law Review. In this episode, I will be speaking with Matt Spiegel, founder of Lawmatics. Matt, can you tell us a little bit about your background and what led you to start Lawmatics?

Matt Spiegel

Yeah, sure. So first of all, I’m very excited to be here, so thank you guys for having me. But yes, I’m Matt Spiegel, I am the founder and CEO of Lawmatics. I was a practicing lawyer, I don’t actually practice anymore, I haven’t practiced in like 11 years or so, but I still have my bar card. Long story short, I had a problem at my law firm that I wanted to solve with technology, and ended up starting a company called MyCase. So I founded MyCase, back in, like 2010. For those of you that don’t know, MyCase is now one of the biggest practice management software platforms on the market. So I was the original founder of that company, I also ran the company for five years. And then I left, and after a couple years doing some things unrelated to law and legal tech, I decided to come back into the legal tech space. I’m a glutton for punishment, and Lawmatics was what I decided to build. And it was really a product of what we saw when I was at MyCase. We saw the shift in the market, we saw lawyers starting to think about their law firm like a business and not just like a law firm. And when they start to do that, then they need business tools, right? They need the same kind of tools that other companies throughout industries, different genres of companies, tools that they’ve had forever, right? And so there was a little kernel of this idea of lawyers shifting to this mentality, you know, back in 2014. And so fast forward to 2017, we really saw this starting to become an opportunity that we thought was going to be a big one. And so we built Lawmatics to really address the business needs of a law firm and not as much of the practice management needs, right? The practice of law, we felt like that was pretty well taken care of. Our goal was to focus on the business side of it, you know, the lead management, the marketing, the automation, that sort of thing.

Crissonna Tennison

That’s awesome, and it sounds like a major change for you. When you were first starting your switch from being a lawyer to starting MyCase, what skill sets did you have already? And what skills did you have to develop along the way?

Matt Spiegel

Yeah, so it’s a good question. I mean, obviously, starting a software company is pretty different than being a lawyer. But I would say that I was probably a bad lawyer. And I just was always, I always had the skill set to be a decent entrepreneur, I guess. But I was probably just a really bad lawyer. It was very different. Well, I should strike that. Because the way I approached law–I was a criminal defense lawyer. And so I was in court all the time, I was doing a lot of trials, you know, it’s a very unique practice area. But I treated my law firm like a business right from the get-go. So I worked at a big law firm for like, four years, and then I started my own practice. And when I started my own practice, I was like, “I need to treat this like a business.” And I think that was the way I thought about it, even more so than being a good lawyer. And I think that was just because I was probably very entrepreneurial, even then. And so I was thinking about my law firm as like a business that I could build, not necessarily, “I’m a lawyer, I’m going to practice law.” So I think I always had that mentality, it was just manifesting itself within the confines of the legal space with starting my law firm. But as soon as I saw this need in the market for a product, which became MyCase, I kind of ran with it. It was like, “Wow, I’m building this business, a law firm, which can be big, but it’s going to have a ceiling, or I can start this, like, software company, which the ceiling is unlimited.” That just felt so much more exciting to me.

Crissonna Tennison

I do think it is very interesting that you brought up the entrepreneurial mindset, because from what I’ve observed there does seem to be a difference between that mindset and a lawyer mindset. It’s really interesting to hear you break that down a little bit.

What are some challenges that you’re most proud of overcoming in starting both MyCase and Lawmatics?

Matt Spiegel

What I’m most proud of, I think, is the legal tech space is not an easy space to enter. You know, there are a lot of companies that get started and not a lot of companies make it through. The fact that I’ve been able to build two companies in legal tech that have both been able to support these teams–like what I’m the most proud of in MyCase and Lawmatics are the teams that we built. They’re the people who made the company go and at MyCase, we just had an incredible team. It was such a great culture and at Lawmatics I think it’s even better, like, you know, we’ve built such an incredible team with with such an incredible culture, and it’s such a fun place to be and to work at. And so that’s a hurdle, right? It’s hard to build good cultures. You know, it’s hard enough to build one company, one startup that becomes successful, let alone two in the same space, especially when the space isn’t the biggest space in the world. So I think for me, you know, that hurdle of coming back into the legal tech space and trying to innovate in it, I’m think I’m most proud of that. And then the fact that we’ve been able to build such great teams. And that has nothing to do with the legal tech space, that’s just, you know, company mindset in general, company building in general. I think if I had to say what I’m most proud of it would be the teams that we’ve built.

Crissonna Tennison

That makes a big difference. And I feel like the teams you’re able to build and the workplace culture you’re able to foster really is everything when it comes to building a company.

You say that you saw some problems that you thought could be solved while you were a practicing defense attorney. So what exactly were you looking for that wasn’t available?

Matt Spiegel

MyCase came as a result of client communication problems. So my first company was a result of actually a State Bar complaint that I got. When I started my first law firm, I got a State Bar complaint pretty much right away. And it had nothing to do with the way I practiced, it was nothing to do with the outcome of the case, it was simply, “Hey, you didn’t call me back quick enough.” Right. And this is a tale as old as time. This is like, the most common complaint at every state bar still, even 12 years later, is attorney-client communication. And so I thought there has to be a better way to communicate than like, just calling me on the phone when I’m in court all day, every day. That cannot be the answer. And so I sought to develop a client communication portal. And that is what MyCase started as. Now it evolved into something so much more powerful and such a more robust piece of software. But the initial version, the initial idea was just simply a client communication portal. And so that’s how MyCase came about. Lawmatics really came about from what I observed talking to thousands and thousands of law firms in my time in MyCase, and what we saw was this shift, this idea that lawyers were starting to think about their law firms as a business, and not just the practice of law. And when I saw that, it’s like these people, if they have that mindset shift, they are going to experience some challenges with how to do that. Right? If they’re going to start doing marketing, if they don’t have a way to measure those marketing efforts, they’re going to be met with challenges, if they don’t have the ability to automate touchpoints, nurture campaigns, newsletters, like all the different things that are kind of marketing 101, if they don’t have that infrastructure in place, they’re going to be met with a lot of challenges. We anticipated that happening. And that’s sort of the problem that we look to solve with Lawmatics. And again, we weren’t reinventing the wheel. Products to solve the problems that Lawmatics solves have been around for decades, products like Salesforce, or HubSpot, they’ve been around for a really, really, really long time, they are not new concepts. What is new is a platform that is specifically built for law firms. And that’s where lawyers are a bit unique. They do and I’m not gonna say they require, but they do significantly better and they adopt more often tools that are designed for them, because they do have some unique requirements. And so that’s ultimately the problem that we look to solve with Lawmatics.

Crissonna Tennison

So as a lawyer, and as a person who’s running a law firm, you want to provide a great client experience, but you actually need to find clients in the first place. So what can law firms do from a marketing and client intake perspective to help this process?

Matt Spiegel

It’s about the client journey, right? A law firm needs to think about, “What is the journey that a client goes through with your law firm?” and we break that journey down into three phases.

Phase one is the intake phase, which is from the moment that they reach out to your law firm, by whatever means, all the way through to the point where they sign a fee agreement, and they pay you your retainer. Then you have phase two, which is an active case, you’re actually handling a case for them that has a definitive start and end time. And then phase three is after the case is over. Now, they are a former client. That is a very important part of the relationship.

So what Lawmatics is designed to do is help you with everything in phase one and everything in phase three, the practice management software like MyCase, they are designed to handle everything in phase two. So that journey starts from the very moment that a client reaches out to your law firm. And you have to understand that from that very moment, you have opportunities to delight your customers, and you need to think about it in terms of customer service: what kinds of service, what level of service are you providing to your client? And this is right from the get-go. So if someone reaches out to you, and they fill out a form on your website because they’re interested in talking to you, and maybe they don’t hear anything from you until the next day, that’s not good customer service. The first impression that they’re going to get is that you don’t respond to things very quickly. And so that initial moment of contact, there’s an opportunity to delight your customer, right, you can immediately engage them and show them that you’re on top of it. And that’s not something that a lot of law firms can do without the help of technology, right? You need technology to help you with those automated touch points. And so that’s just one example. But every step of the journey is an opportunity to delight your customer with customer service, not law. Forget about law. Right now we’re just talking about providing good bedside manner, good customer service. I have a saying that I’d love to repeat, which is that you could be the best lawyer in the world, but if you provide bad customer service, you are going to have a failing law firm. And the vice versa is true. You could be a mediocre or even a bad lawyer, but you could provide really, really excellent customer service, and you could be wildly successful. The outcome of the legal matter is not always the most important part of that relationship.

Crissonna Tennison

That’s something that I never would have thought about. But that makes sense that as a lawyer, of course, obviously, you want to win your case for your client, but you really want them to feel cared for and respected and like they can get in contact with you. And yeah, that is a lot of work to keep that going, especially because being a lawyer and running a law firm is so much work.

Matt Spiegel

Some of it is totally impossible! So here’s another example, let’s say after the case is over, something that would be a pretty nice thing to do would be to just send your former clients a note on their birthday every year, pretty simple. But you’ve got 2000 old clients, how are you going to keep track of all their birthdays and make sure you’re sending an email? It would take you, it would take an army to do that. So if you have a tool that can automate that whole process, all you do is click one button when you first set up the software, and then in perpetuity, every one of your former clients is going to get an email on their birthday every single year. So there’s so much that you can do that you can’t do manual, you have to have technology to help you do it. I think that that’s really important for law firms to understand when they’re looking at, “Well, what does this mean? How do I provide good customer service? Like what role can technology play?” I think it’s just really important to think about things that way.

Crissonna Tennison

The last few years have been a really chaotic time, especially for growing law firms. So what kind of feedback have you gotten from users of Lawmatics during this time?

Matt Spiegel

So the feedback that we get from our customers is pretty profound. So it’s two things, it’s what Lawmatics has enabled them to do. And then, you know, maybe not as sexy of a response is the amount of time that Lawmatics has saved them. So obviously, a product like Lawmatics that does so much around automation is going to save you time that really can’t even be put into words, the true impact can’t just be measured. And you know, some law firms are saving 20 hours a week. And that’s just a crazy amount of time. And the impact that has on a firm as a whole is pretty remarkable. But it’s really what Lawmatics has enabled them to do. Right? I mean, Lawmatics has really enabled growth for its customers. I think that’s the way to look at it. I think law firms before you know, our customers, before they used Lawmatics, it was really difficult to facilitate big growth for them. I’m not saying that law firms couldn’t grow before, that’s not true. But our customers were really struggling with certain aspects of it. They were getting into marketing, they were getting into intake management and thinking about things beyond just practicing law and how to attract more leads, and how to convert more of those leads into customers. But they had no way to manage it all. Maybe some of them knew what best practices were. But they couldn’t actually deploy those practices because they didn’t have the ability. Lawmatics has really enabled them to do the things that they’ve wanted to do on the lead management, the conversion side, the generating leads, it’s really pretty cool to hear the stories from these law firms that were struggling before to execute on growth plans, and now are exceeding what they thought they would be able to achieve.

Crissonna Tennison

I’m curious to hear more about why it’s so essential for those people who are running growing law practices to invest in quality practice management and CRM software. At this point in the game, how much do firms risk falling behind their competitors if they don’t use one?

Matt Spiegel

Personally, I feel like practice management software, right, like the MyCases, the Clios, the Practice Panthers of the world right now, I feel like that’s kind of table stakes, there are definitely still a lot of law firms out there that don’t use a platform like that. And for those firms, there must be some valid views. And but the vast majority of firms out there will have some sort of platform in place to help them with their time and their billing and their case management. I think that that’s table stakes in the industry now for the most part. But if you don’t have that, if you’re like doing your billing manually, that just is a colossal waste of time. And you would be falling behind the rest of the industry significantly, just because of the time that you’re wasting to input billing hours and send out invoices and things like that. But as far as CRM, this actually has the potential to make you fall behind even more. So first of all, we are at the inflection point for like CRM software and law firms. It is starting to become the focus of law firms, their understanding just how valuable it is and what they can do with it. And there’s a massive shift going towards this type of thing. That’s one reason why, you know, if you’re not on that boat, then you just fall behind technologically, but more importantly, it’s the byproduct of using a product like this. It’s the shift in thinking that is happening where you’re really going to fall behind because what it means is that law firms are out there thinking about marketing. They’re thinking about lead generation, they’re thinking about how to get more business and build their law firm. That means they’re going to be going out and taking leads from you if you’re not also thinking about that. So it’s so much more than just a piece of software that you’re talking about adopting, you’re talking about adopting a strategy for your business and your growth. So if you’re not on board with that, you are going to fall behind in ways that you probably haven’t necessarily thought of just yet.

Crissonna Tennison

That definitely makes a lot of sense. When we look at recent years, how have expectations of legal clients evolved, kind of along the lines of what you’re saying, if more and more firms are starting to really reorient their thoughts toward how they run their businesses and interact with their clients? How have their expectations evolved? And what changes have you seen in law firms and their operations since you started practicing?

Matt Spiegel

What we’ve really seen, I think, again, to me, it’s just been the wide adoption of some type of software platform and that software platform being in the cloud. So in starting MyCase, I was one of the people who was at the forefront of this shift to cloud computing in legal. I’ve gotten to observe this whole thing over the last, more than a decade at this point. And it’s really profound. It’s really cool. Right? It’s a mainstay in law firms now, cloud software. And what that’s enabled, operations are just easier. And there’s less operative people at a law firm, I think now, right? It’s just, it requires less, because so much is in software, it’s automated, it’s easy to access, it’s just makes things more streamlined. And so we see less of a need to have operators in a law firm and the ability for lawyers to focus more on actually handling their cases. A lot of this depends on the size firm that you are at. There’s a massive segmentation inside of the law firm industry, right? Like if you have solo and small law firms, they operate very differently than midsize or large law firms.

Crissonna Tennison

That kind of goes along with things that we’ve heard about in the past and prior conversations about CRM systems in general. Do you think that law students will have to start having practical knowledge of CRM systems as they enter the industry?

Matt Spiegel

No. I mean, it can’t hurt. But no, we saw this with practice management, too. I remember at MyCase, I would go down to the law schools, and I would help teach classes on managing a law practice and practice management software and what that meant and what it was. So the concepts we were teaching, but we weren’t giving them familiarity with the actual software themselves. I don’t think it’s difficult to pick up, I don’t think it’s really that critical. What I think is important is understanding the importance of these concepts to the business. But I don’t think it’s critical for people coming into law firms to like, have knowledge of the systems. I mean, that would be a bonus, it would be cool. I don’t think it’s something that is required.

Crissonna Tennison

So along those lines, would you say there’s been a change in law school education, in terms of a focus on how to run a law business? Like is that something that’s showing up a little bit more in legal academia than it was in the past, or maybe when you were in law school?

Matt Spiegel

So when I was in law school, it was really not a focus. Within five or six years after I left law school, it started to become a focus again, I started getting invited into law schools that actually had practice management classes, right, like how to run a law firm. To be honest with you, in the last few years, I haven’t seen it as much. So I don’t know if there was a small shift towards it, like 10 years ago, and now it’s shifted away from it. Maybe people thought that it wasn’t a practical class. I don’t really know. But I don’t think that we’ve seen a massive shift towards it in the last five or six years. I think it’s valuable to be honest with you. I think everyone always says, you go to law school, and the stuff you learn doesn’t necessarily help you as a subject matter. It doesn’t necessarily help you, when you get out of law school. What law school does is teach you how to think like a lawyer. Right? And that’s like the old cliche, but I think it’s relatively true. If law school is focused on the practicalities of running a business and running a law firm. I think that would be incredibly helpful. But unfortunately, I don’t have that much influence over this.

Crissonna Tennison

For our listeners who are interested in checking out Lawmatics, can you kind of take them through the process of getting started using your platform? Where can they find you?

Matt Spiegel

Finding us is very easy, anybody can go to our website, www.lawmatics.com. And from there, what we always have people do is we have them sign up for a demo. And when I say signing up for a “demo,” I use that term a little bit loosely, because what you’re really doing is you’re going to be talking to one of our specialists, who’s really going to spend some time learning about your law firm trying to, first of all make sure that as a law firm, you’re ready for a tool like Lawmatics, like Lawmatics is going to make sense for you as a law firm, and then starting to understand “What do you do currently? What are your processes like?” and then starting to show you how Lawmatics might be able to help. So when we get on this demo, it’s almost like a consultation. We have a lot of best practices that we share with people during this consultation, this demo, to hopefully get these law firms thinking about things a little differently. We really like this process. And that’s the most important thing for people to do is to just come to our website, sign up for that demo, you’re going to learn a little bit about Lawmatics, you might learn a little bit more about your law firm and certain steps you might need to take in order to execute on some of the initiatives that you’re looking to execute on at your law firm. And then we will show you how Lawmatics hopefully can help you do that.

Crissonna Tennison

That’s awesome. It sounds like the Lawmatics experience can be tailored to a variety of different law firm types.

Matt Spiegel

Lawmatics is really for everyone and anyone. We see it all across the spectrum. Sometimes brand new firms that are just trying to set up their tech stack and Lawmatics is the foundation of it or law firms with several hundred lawyers who have been around for a long time, but they need to update their tech stack and they see a lot of value in it.

Crissonna Tennison

Our time is coming to a close, so are there some points you would like to showcase that align with your organization’s experience?

Matt Spiegel

Lawmatics is Lawmatics, it’s great if people want to check it out, I encourage them to do that. But what I encourage all lawyers to do, regardless of the software platform, is to just start thinking about your law firm a bit differently and start thinking about your law firm as, you’ve got to be good at customer service. You have to think about satisfying your customers outside of their case, you cannot think, “if I get them a great outcome, if I’m a criminal defense lawyer, and I just defended my client out of prison,” you can’t just assume that that’s going to be enough, that that’s going to make them really happy. What you need to do–and this is a point that I was thinking about earlier that I want to bring up now–is this is what you need to remember. And if you remember this, I think it gives you a different lens to look through almost all practice areas, right? Almost all of them fit into this mold, where it is the most important thing happening in their life. If it’s a criminal offense case, if it’s a personal injury case, if it’s a bankruptcy case, if it’s a family law case, immigration, all these practice areas, like the vast majority of practice areas out there, the case that you are handling for your client, it is the most important thing that they have going on in their life. For you it’s just another client, right? And so sometimes it’s hard to have that perspective. But if you think about it like that, if you think “Hey, wait a second, this is the most important thing happening in their life. If I had the most important thing happening in my life right now, how would I want to be treated?” If you shift to that line of thinking I guarantee you will provide incredible customer service, and that’s going to benefit your firm.

Crissonna Tennison

Yeah, that makes a lot of sense, especially because if they’re dealing with something that is the most important thing in their life, and you’re the person guiding them through that, then that relationship is pretty important. So thank you for kind of expanding on that a little bit more.

Thank you to Matt Spiegel for taking the time to join us on the podcast to talk about Lawmatics and the different mindsets that can help a law firm be more successful. We really appreciate you joining us today.

Matt Spiegel

Yeah, thank you guys so much for having me. I really appreciate it.

Conclusion

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