law firm Archives - Page 2 of 11 - The National Law Forum

What Is the CARES Act and How Can It Help Legal Professionals?

On March 27, Congress passed the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES) to mitigate the negative economic impact of COVID-19. The CARES Act provides small businesses and individuals with extended unemployment insurance benefits, loans for paycheck protection, refundable tax credit, and business tax provisions. Attorneys who own their own practice can take advantage of the 2020 CARES Act to protect their business and employees during the economic downturn brought on by COVID-19.

How the CARES Act Applies to Lawyers

The CARES Act could alleviate the negative economic impact of COVID-19 on your law firm while the entire world waits for what’s next.

The CARES Act helps law practices with:

Paycheck protection program (PPP): completely forgivable loan to cover payroll costs
Employee retention credit
2020 Payroll tax deferment
Economic injury disaster loan emergency advance (EIDL)

Paycheck Protection Program (PPP) for Attorneys, Legal Administrators, and Staff

Law firms with fewer than 500 employees are eligible to apply for a CARES loan to cover payroll costs. Some businesses with more than 500 employees are eligible if they meet certain criteria.
Sole proprietorships, independent contractions, self-employed persons, private non-profit organizations, or 501(c)(19) veterans organizations are all eligible to apply.
Legal professionals may be eligible for a CARES loan that covers up to two months of your average monthly payroll costs, figured by last year’s payroll expenses plus an additional 25%, up to a $10 million cap. Each employee is capped at $100,000 annualized.
Lawyers can use the PPP loan to cover all payroll expenses including benefits. You are also allowed to use it for rent, utilities, and mortgage interest, as long as these expenses were in place before Feb. 15, 2020. (In other words, you can’t use the loan to lease a new office).

For more detail, please refer to the PPP FAQs published by the Treasury Department on Wednesday, April 8, 2020.

Coverage for Payroll Costs

Salary, wages, commissions, or tips
Employee benefits including costs for vacation, parental, family, medical, or sick leave
Allowance for separation or dismissal
Payments required for the provisions of group health care benefits including insurance premiums
Retirement benefits
State and local taxes assessed on compensation

For more detail, please refer to the Tax Foundation’s summary of the SBA Paycheck Protection Program in the CARES Act.

Coverage for Sole Proprietor or Independent Contractor

Wages, commissions, income or net earnings from self-employment, capped at $100,000 on an annualized basis for each employee
Extends duration of benefits from 26 weeks (available in most states) to 39 weeks
Provides an additional $600 per week in benefits for first four months

For more detail, please refer to the summary from the law firm Rudman Winchell.

Paycheck Protection Program (PPP) Loan Forgiveness

Applications are already in play. While there is a lot of money available, it is not unlimited. Apply as quickly as possible.

You use the money strictly for allowed expenses
75% of the loan amount is spent on payroll costs
You maintain your entire full-time staff until June 30
Rehire fired or laid-off employees quickly
Caps payment at $100,000 per person
You do not cut employees wages more than 25% for any employee who made less than $100,000 in 2019
For whatever amount is not covered, PPP loans have a 1% interest rate and payments are deferred six months with interest during the deferment. The loan must be fully repaid in two years.

For more detail, please refer to the Small Business Administration’s Docket No. SBA-2020-0015.

Employee Retention Credit

You may qualify for a refundable payroll tax credit for 50% of wages if:

your law practice was fully or partially suspended due to COVID-19 related shut-down orders.
you lost more than 50% in gross receipts compared to last year’s same-quarter performance.

Payroll Tax Deferment

To further lower expenses at your law firm, you may defer your share of payroll taxes and split the deferred payments over the next two years, with half due by Dec. 31, 2021, and the other half due by Dec. 31, 2022.

Economic Injury Disaster Loan Emergency Advance (EIDL)

If you are a sole proprietor, you may be eligible for a EIDL loan of up to $2 million, repayable over 30 years at 3.75% interest rates for small businesses and 2.75% for most private non-profits under the EIDL. Payments are deferred for the first year, but interest accrues during that time.

You’ll have to put up collateral for loans over $25,000 and a personal guarantee for loans exceeding $200,00.
If you qualify for an EIDL, you can use the money for any business expense (with a few exclusions).
Under the same provision, small business owners may be eligible for a one-time grant of up to $10,000 that you won’t have to pay back.

For more detail, please refer to the U.S. Small Business Administration’s “Economic Injury Disaster Loan Emergency Advance” overview page.

What Happens If You Enroll for PPP and EIDL?

If you decide to enroll for both the EIDL and PPP, the amount of the EIDL grant will be subtracted from the PPP amount eligible for forgiveness. In other words, you’ll ultimately wind up paying it back.

The 2020 CARES Act Can Help Your Law Firm

Law firms are uniquely poised to understand the full extent of the CARES Act and its protections. With the financial boost from the CARES Act, attorneys are more likely to retain talent and be ready to hit the ground running when court activity ramps up again.

CARES Act 2020 Resources

ARTICLE BY Reece Guida at PracticePanther.

For more on the CARES Act, see the National Law Review Coronavirus News section.

E-Filing is Coming, E-Filing is Coming!

Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session.

The tentative plan, as attendees were informed, is to begin the process of rolling out e-filing at the end of this year. As many already know, e-filing is likely to be introduced first for Penobscot and Piscataquis Counties. But, of importance for appellate practitioners, it sounds like the court is also considering including not only the Business Court but also the Law Court in the initial implementation.

We are still waiting to see all of the rules surrounding e-filing, but the system that was previewed at the winter meeting appears to be user-friendly and promises to significantly streamline the process for filing with the Law Court. And, happily, filings will be easily available online (without cost). Also of note, the e-filing system includes a search tool, re:Search, that will make it easy to find previous filings – including Law Court briefs.

These tools will be very helpful for the appellate practitioner. But, it also means that appellate practitioners (as well as any other lawyer), will need to pay attention to the new filing system. As we were reminded, Rule 5.3 of the Maine Rules of Professional Responsibility obligates lawyers to supervise their assistants and ensure compliance with all filing requirements.

So take note: e-filing is coming!

ARTICLE BY Joshua D. Dunlap of Pierce Atwood LLP.

Learn more about e-filing on the National Law Review Administrative & Regulatory law page.

Law Firms and Bar Associations Must Plan Now for Coronavirus Outbreak

Our sources in Washington are indeed very worried about the coronavirus emerging from China.

Many of our sources believe that containment will not work.

In the event of a major pandemic, “social distancing” will be enforced. Schools, restaurants, movie theaters – and even law firms – will be closed, perhaps for an indefinite time, presenting unprecedented challenges.

At the very least, bar associations and law firms should begin thinking about logistics now using “peace time” wisely.

Viruses that originate in an animal and jump to a human can and often do change or mutate, presenting challenges to doctors and researchers. Especially during rapidly developing situations, reporters will likely demand simple and definitive answers, even in situations where simple and definitive answers don’t exist. As well, bloggers with political agendas may accidentally or purposely report fact as fiction and vice versa.

On the internet, anyone can be a “reporter” with the ability to publish immediately and without the safety net of editors, fact-checkers and other traditional media gatekeepers. Consider also the pressure on traditional media of balancing the need to report immediately vs. reporting accurately. Given those factors, the emerging coronavirus provides another fertile field for confusion with consequences.

The Spanish flu killed some 50 million to 100 million people worldwide over about a year in 1918-19 — one of the deadliest pandemics in human history. The 2003 severe acute respiratory syndrome (SARS) outbreak turned out to be less than a pandemic, but caused 774 deaths in 17 countries, according to the World Health Organization (WHO). The 2009 swine flu (H1N1) outbreak featured high rates of human- to-human transmission, yet was thought to have been less lethal than originally feared, with a minimum of 18,449 confirmed deaths. In fact, though, the U.S. Centers for Disease Control (CDC) has since estimated the global death toll at 284,000 — 15 times those confirmed cases.

All of these examples should serve as cautionary tales for how we approach and talk about this latest potential pandemic.

I reached out to Peter Sandman, perhaps the United States’ pre-eminent risk communication speaker and consultant. Here’s what Sandman told me in his email reply:

The key lesson here: The word “pandemic” means an infectious disease has spread to lots of people in lots of places. To be a pandemic, an outbreak has to be widespread and intense. It doesn’t have to be severe; 1918 was, 2009 wasn’t — at least in comparison.

This coronavirus? The experts are pretty sure it’s going to go pandemic. They don’t know yet how severe it will be, though many are guessing it will be closer to 2009 than to 1918. Even a mild pandemic kills a lot of people, simply because a small percentage of a huge number is a lot of people. And a mild pandemic can certainly be disruptive: hospital overcrowding, absenteeism, supply-chain problems, etc.

If it’s mild and stays mild, it won’t be catastrophic.

Whether it’s mild or severe, though, a pandemic eventually makes containment efforts futile, and therefore a waste of effort. Patient isolation, contact tracing and monitoring, quarantines and travel restrictions are the four main containment tools. The first two are conventional. The last two are controversial, not because they’re less effective than the first two but because they have bigger downsides.

None of the four, separately or together, can stop a pandemic. They can slow it a little, which isn’t nothing: It buys time for preparedness (emotional as well as medical and logistical). But as soon as the virus is spreading widely in a place, that place has no further use for containment.

The risk communication lesson now: Stop telling people that containment will “work.” If the coronavirus goes pandemic, as noted immunologist Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, and nearly every other expert expects, eventually (and probably pretty soon) it will be spreading widely in the U.S., too, and containment won’t make sense.

One feature of the 2009 flu outbreak was the changing nature of advice. At first, pregnant women were to receive priority for inoculations. Then, it was anyone with a compromised immune system, followed by those over the age of 60. As I recall, during this era before social media exploded and become a main source for news, reporters, columnists and other pundits were quick to criticize the CDC, the World Health Organization and other federal, state and local health officials for the lack of definitive advice and prognostication.

As this is being written, there is no way to tell whether the coronavirus is going to be highly infectious but not lethal or highly infectious with a high degree of lethality. It might even burn itself out — or it may seem to go into hiatus but then come roaring back in the fall (as did the Spanish flu).

Government agencies are already placing visitors from China into quarantine. This may suddenly escalate, with the closure of airports and other ports of entry. Stock markets may dramatically tumble — but then recover just days later. Or they may not. And if things really escalate, offices, schools, malls, theaters and other venues may close — and grocery shelves may empty. In the face of this uncertainty and volatility, prudent bar association and law firm leaders should be using “peace time” to prepare for the worst.

Now is the time to:

Examine your sick-leave policies. Family-leave policies, too, should be looked at because many employees may unilaterally decide to hunker down at home, especially if they have small children or elderly relatives to care for.
Encourage and utilize good hygiene practices (e.g., hand-washing, coughing into the crook of the elbow instead of the hand).
Consider what a travel ban might do to your business.
Remind your employees — and yourself — to depend on only the most reliable sources for information about coronavirus. The WHO, the CDC and state and local health boards are reliable. Facebook isn’t — and the advice given by the pundits on cable television must be taken with more than the proverbial grain of salt.
Remember to remind all of your stakeholders that situations like this are fluid and the information given out now may be preliminary and subject to change. Even advice from the CDC and WHO can change, depending on the facts at hand.

Employees, customers and other stakeholders will cross-check what you tell them against other sources. If you mislead them, they’ll hold it against you. Be especially careful not to sound over-reassuring or overconfident, which Sandman says are the two most common crisis risk communication mistakes other than outright dishonesty (also common, sadly).

ARTICLE BY Bruce M. Hennes of Hennes Communications.

For more on Coronavirus risk mitigation, see the National Law Review Health Law & Managed Care section.

Attorney Wellness and Mindfulness Part 1: Why is Mindfulness a Benefit to Attorneys and others in the Legal Industry?

Attorney wellness and a focus on all aspects of employee well-being, including mental health, has become an important issue in today’s workplace environment. Law firms, and the legal industry in general, with its competitive reputation, expectation of heavy workloads and high stakes environment is beginning to embrace wellness practices as an anecdote to the chronic stress often faced by attorneys and other individuals who work in law firms.

The problem is so widespread that in 2017, the ABA House of Delegates approved Resolution 106 amended the ABA Model Rule for Minimum Continuing Legal Education (CLE) to include a requirement for lawyers to receive at least one hour of mental health, substance abuse credit every three years. And mental and physical health issues as well as substance abuse CLE courses are mandatory in several states, such as Illinois and Florida or count towards professional responsibility credits in numerous other states.

Elena Rand JD, MSW and Chief Marketing Officer of Wiggin and Dana has been working on this issue for years, putting her experience as a litigator and a legal executive coach along with her Master’s degree in Clinical Social Work to help those in the legal industry understand chronic stress, how it impacts the body, and how mindfulness, even at a basic level, can help improve performance and well-being.

Elena Rand and Eilene Spear of the National Law Review will be hosting a panel at the Momentum Events Employee Wellness Event for Legal and Professional Services Providers at the Riverside Hotel in Fort Lauderdale on February 27- 28, and in preparation for that presentation they sat down and discussed some aspects of mindfulness, identified some barriers to its practice and outlined the need in the legal industry.

I know you have formal training in Clinical Social Work and have dedicated much of your professional life to workplace health and wellness issues, can you take a minute or two and address your background and why wellness at the workplace, specifically in the legal industry is an issue that you care about?

Attorney wellness and wellness and the legal community in general is something that has been sort of a mission and a passion of mine probably for the last 15, maybe even 20 years. It really came to the forefront of my attention when I was working as a legal executive coach. I was doing coaching for a large law firm, really focused on working with attorneys to improve their leadership and business development and networking skills and taking high-performers to the next level. What I invariably discovered is that there is an underbelly of crisis and struggling for many of these enormously successful, high achieving, high performing go-getting attorneys. I found that attorneys were struggling both in terms of managing their baseline day to day life to extreme mental health issues and addiction. That kind of came to full bloom and grabbed my attention.

As a legal executive coach working with high-performing attorneys, I was sort of a first responder in many ways for a lot of the wellness and mental health crises that were being buried for many, many years. Before we could even get to how to focus on getting you to the partnership level, and how do we focus on doubling your book of business, attorneys were coming to me on their own saying, “I don’t think I can take another moment of this,” or “if I add one more thing to my day, you know, I’m going to, I’m going to really lose it.”

I started to see that this was an issue that kept popping up and presenting itself, so I went back to grad school and earned a master’s in clinical social work. I wanted to have a real behavioral toolbox so that I could understand human behavior, understand the spectrum of wellness and the lack of wellness, and really be able to service the legal community in that way.

Additionally, wellness has been a lifelong personal struggle and mission, in my life. I was one of those crazy, high-performing litigators who hit a wall at 90 miles an hour when I had my first child at the age of 27 and suffered from crippling postpartum depression. Suddenly, after years of just pushing and pushing, I one day woke up to realize that I was now severely impaired. It was very scary and humbling and you know, it became sort of my own passion and mission to really bring a level of attention and awareness to wellness in the legal community.

It’s pretty obvious that the legal industry is very competitive and that it can be full of very high-stress situations. What are some symptoms of constant stress that you might come across in the day to day operations of a typical law firm?

That question’s really important. You know, stress is basically a physiological reaction to a perceived threat to you and to your environment, right? So that’s where you get the whole fight or flight physical response. That’s what stress is. From a biological perspective, what ends up happening is your blood pressure goes up, your veins constrict, and you have basic physiological symptoms kicking you into fight or flight mode. From purely a biological perspective, these automatic stress responses can have serious ramifications that can end up impairing an individual’s daily functioning.

Biology impacts our behavior; so chronic, ongoing stress in the body manifest and present some clearly identifiable behavioral dysfunctions. For starters, chronic stress induces a level of constant baseline agitation. Everything and anything can be irritating to the point of explosion. Everyone is a little bit of a powder keg about to explode. Chronic stress will cause sleep deprivation. It has been linked to eating disorders. It can cause imbalances in your metabolism. It’ll cause imbalances in your serotonin level, and the other thing it does is it causes isolation. You have increased isolation with stress because you’re protecting yourself. You’re not talking to anybody, you’re going through all of these things and everything in your body and mind is telling you to isolate.

From an executive functioning point of view, there is so much research to show that people functioning under high levels of stress for a long period of time can demonstrate impaired judgment, impaired ability for conflict resolution, and impaired compassion. These impairments impact interpersonal relationships at work including client relationships. High stress has a whole host of impairments associated with high-level executive functioning that really is being called into play moment to moment. As an attorney, chronic stress can compromise your ability to focus and use good judgment. Your ability to analyze situations correctly and be able to step away and say, “is this a moment for confrontation?” or “is this a moment for cool off?” is now off. Your ability to assess how best to present information appropriately to the client, to the associate, or to the partner is also off. Bottom line is that chronic high stress really impairs many of the operational skills needed to interface and practice effectively as a lawyer. Finally, it also impairs the softer skills that are really needed as you become more of a senior partner and involved in business development.

From a business perspective, both individuals and the institutional law firms are negatively impacted by untreated chronic high stress as an individual’s capacity to handle situations and use good judgment and analysis have basically gone out the window.

How does mindfulness practices help counteract that stress in a typical law office environment?

Basically, mindfulness is bringing your attention to the present moment in an intentional, deliberate and systematic kind of way with an attitude of acceptance of whatever might show up or for whatever you’re experiencing. What mindfulness does, is it forces you to pause, which is, you know, a novel concept for many attorneys. One of the key things that happen when you are in a stress-induced situation is you stop breathing. We hold our breath. When you do that, you essentially jack up all of those sympathetic stress indicators in your body I mentioned before. I really want to make mindfulness super clear and basic, because I want to make mindfulness practice really accessible and strip away any preconceived ideas of what mindfulness is.

So, what is the power of the present moment? If we strip it down, the present moment for any human being at any given moment is made up of a cocktail of their emotions, their sensations, and/or their thoughts. When you’re bringing your attention to that bundle of things that are happening, what you’re feeling, what you’re thinking and what you’re sensing in the world, suddenly you start to breathe and you start to invoke and sort of trigger your parasympathetic nervous system, which is the self-calming, self-soothing embodiment that we all automatically have in our body. What you’re inviting yourself to do is to intentionally focus on the present moment so that you can breathe, so that your body can be able to kick itself into a place of calmness.

We’re not talking about achieving nirvana, you know, we’re talking about creating a tool that is user-friendly so that in the moment you can pause, breathe and be able to ground in the present moment so that your body and your mind can kick into a better and perhaps, more optimal way of functioning.

That’s a simplified way of thinking about it because other levels can be a little off-putting or intimidating. If you read a lot of philosophy on mindfulness and meditation, anyone who claims they’re an “expert” in mindfulness doesn’t get it, in my opinion. We’re all beginners. And the idea that we are all beginning all the time in this process with the “beginner’s mind” is what can make the difference of whether you try mindfulness or not. There is no perfection or achievement award in mindfulness; starting at the beginning and paying attention to the present moment over and over again is the practice.

Many thanks to Ms. Rand for her insights. Monday we will have Part 2, which will address the basics of what mindfulness practice can be, as well as some barriers to practicing mindfulness and how to overcome them.

ARTICLE BY Eilene Spear and William C. P. Thieme of The National Law Review / The National Law Forum LLC.

For more on the topic, see the National Law Review Law Office Management section.

Five Items to Add Into Your 2020 Solo and Small Law Firm Digital Marketing Strategy

The new year is here, and if you’re like most solo or small law firm owners, you have big goals for this coming year. As the field of law becomes increasingly competitive, it becomes more and more important to have a crystal-clear digital marketing plan that helps you reach new leads, reconnect with potential clients, and solidify your brand.

1. Develop Your Content Marketing Strategy

The phrase “content is king” is often heard in marketing circles, and the legal industry is proof that this adage is still true. Regularly producing high-quality content helps your brand grow in multiple ways. First, you can target keywords that potential clients are searching for when looking for a lawyer. Second, your trustworthy content helps you strengthen your brand and your reputation. Finally, shareable content can also play a big role in your social media marketing plans. Focus on topics that are interesting to laypeople and use conversational language in lieu of legal jargon.

2. Expand Your Social Media Presence

Regardless of the age, gender, and socioeconomic status of your target market, it’s highly likely that they’re active on multiple social media platforms. Use your time wisely by researching the platforms your audience is using and focusing your efforts, rather than trying to be active on as many platforms as possible.

3. Make Sure You’re Considering Your Mobile Users

Per CNBC, nearly three-quarters of Internet users are expected to access the Internet solely via smartphone by 2025. Law firms with outdated websites that are not optimized for mobile devices are at risk of losing potential clients to firms with fast-loading, mobile-friendly websites. Your website should make it easy for clients to find the information they’re searching for, learn more about your firm, and contact you directly.

4. Bring in Gated Content

Gated content, also known as “freemium” content, is provided free to your visitors—in exchange for signing up to your e-mail list. This is an extremely effective technique for law firms in various specialties, so if you’re not using it already, make it a priority in 2020. Many law firms offer access to a free guide in exchange for a visitor’s email address. For example, a family law attorney might write a short guide on “7 Steps to Divorcing an Adversarial Spouse” or a bankruptcy lawyer might write “5 Ways to Repair Your Credit After Bankruptcy.” This ties directly into the fifth tip on this list.

5. Tap Into E-Mail Leads

An e-mail list is still one of the most valuable things you can have as a solo attorney or small law firm. It helps you stay in touch with potential clients who may not be ready to take the plunge when they first come across your website. By building a relationship with your e-mail list through regular updates and valuable information, you can be at the forefront of their thoughts when they are ready to take that leap.

Digital marketing is key to the growth of your law firm. A solid plan for 2020 can get you on the right track.

ARTICLE BY Meranda M. Vieyra of Denver Legal Marketing.

Find more marketing advice for legal professionals on the National Law Review Law Office Management page.

Media Education Is Crucial to Preparing Young Attorneys to Speak on the Record

Last month, a photojournalist for The Daily Northwestern, Northwestern University’s campus newspaper, captured photographs of student protestors who rushed a lecture hall where former Attorney General Jeff Sessions was speaking on campus. One of the pictures the photojournalist published featured a protestor sprawled on the floor. Students involved in the protest reacted with sharp criticism: being photographed in public had caused the protestor trauma, they argued. In addition, the reporters who used the student directory to attempt to contact protestors for quotes had invaded those students’ privacy.

In response to this pressure, editors at the newspaper took the photographs down and published an apology — steps that were immediately scorned by seasoned media professionals who explained that reporting on public events, through gathering quotes and taking pictures, is one of the most basic functions of journalism.

As with many stories that go viral, overheated Twitter commentary led to cross-generation attacks, straw-man arguments and handwringing over the death of traditional media. But when you push aside the noise around this story, it becomes clear that what happened at Northwestern illuminates an interesting disconnect between young people on the cusp of the Millennial-Z generations and the rest of us: we have different ideas about the purpose and function of traditional media.

What does this have to do with legal marketing? The oldest members of Generation Z are preparing to enter law school in the fall of 2020, which means firms are just a few years out from welcoming this new crop of lawyers. Forward-thinking law firms have long understood the value of media training in helping their attorneys build fruitful relationships with reporters and manage individual and firm brands across multiple channels. The Northwestern case, however, demonstrates that firms must also be prepared to offer some basic media education to their business development curriculum.

Younger lawyers may have a steep learning curve if they want to launch their careers with a productive media strategy. Here are three lessons firms will need to figure out how to teach them:

It’s hard to understand what you don’t consume. As social media has become such a central part of the way we broadcast and receive information, it fills the role traditional media used to play in some people’s lives. Not only does this mean that fewer people are reading the newspaper and relying on quality objective journalism to understand the world, but that inexperience with traditional media also breeds ignorance about what reporters, including specialists in the legal media, do all day and why they do it.

A young attorney who does not read the most important media outlets in the legal industry may not have a proper understanding of how law leaders use the information and data reporters publish to make business decisions and innovate at the practice and firm level. While managing partners may not always be pleased with the coverage of their firm, they understand and accept that the health of the industry relies on these sources of objective information. What’s more, for every article that makes a law partner squirm, there is one that amplifies a firm’s accomplishments for the entire industry to see.

Those media mentions are worth their weight in gold, but you have to respect and understand the institution of legal journalism as a whole to ever have a chance at winning one for yourself or your firm.

Not all media is the same. The media landscape of 2019 exists across four categories: paid, owned, shared, and earned. Paid media is sponsored content and pay-to-play awards and features. Owned media is the content your firm creates and distributes through your website and newsletter. Shared media is social media and all the content it spreads so rapidly. And earned media encompasses mentions in traditional media outlets.

A sophisticated communications strategy creates a plan for all four categories and, importantly, recognizes the strengths and weaknesses of each one. The first step to making sense of it all is to recognize the tension between control and authority. Media that allows your firm complete control over the content — your Twitter feed, for example — does not carry much authority. Consumers understand that anyone can make any claim they like on the internet. Media outlets that carry authority in the industry — such as Bloomberg Law or the Wall Street Journal — are not going to offer you much control over the content. Their independence is what gives them authority.

Attorneys who are too focused on controlling the message will miss out on the chance to see their work featured in an outlet that prospective clients and recruits actually trust.

Your right to privacy is not unlimited in scope. While individuals, of course, have the right to live their private lives free from interference, attorneys engaged in work on behalf of law firms and companies, which in many cases involves actions that are matters of public record, should expect to occasionally face questions about that work. Fearing these encounters or, worse, painting this healthy professional interaction as some kind of victimization, is bad for both the legal industry and an attorney’s own career development. Attorneys who understand the role traditional media plays in their business development make themselves available to reporters and are ready to speak off the cuff about their cases, clients and the broader context of legal questions they spend time on.

Savvy lawyers have confidence that their integrity and expertise will stand up to scrutiny by a reporter, and they extend professional courtesy to journalists doing the hard work of chronicling a complex and dynamic industry.

As the media landscape continues to evolve, marketers and firm leaders will have to work harder than ever to play in all four media categories — paid, owned, shared and earned — and prepare their attorneys to build productive relationships with the reporters who can help them reach their desired audience.

This article was written by Debra Pickett of Page 2 Communications.

For more advice for young lawyers, see the National Law Review Law Office Management section.

Communicate with Clarity and Precision: Five Steps to Improve Your Efficacy

Can You Still Hear Me, Now?

Over-connected. In the history of human life, we have never been so connected to one another. In fact, with the explosion of the internet and social media, social scientists caution on the impact to our over-connected brains.

Per Brandwatch, the world’s leading social intelligence company:

LinkedIn has 500 million members
Facebook has 2.4 billion monthly active users
Twitter has 1.3 billion accounts
Instagram has 800 million monthly active users
YouTube sees around 1,148 billion mobile video views per day

With all this connection, even the most efficient communicators are taxed. According to Gigoam, an international digital tracking firm, Americans consume 31.4 gigabytes of data monthly, primarily on mobile devices. How does that equate to words? Statistically, that’s roughly 100,000 words per day, on average, that Americans consume. Wow!

As technology brings more avenues for communication to our personal and work lives, it’s important for lawyers to keep an eye on their personal communications practices to remain effectual.

In a reasonably short timeframe, people have gone from snail mail to email to messaging each other via social media platforms. And, our society has embraced the new ways of communication in everyday life. The fun fact remains that we are caught in an evolving new normal.

A 2014 Gallup surveyed 1,015 people on how frequently they used various communication methods the previous day. Seventy-three percent of respondents reported they had read or sent a text every day. Eighty-two percent had made a phone call on a cell phone. Seventy percent had sent or received an email, and 55 percent had used social media to communicate.

Recognizing that communications platforms continue to emerge with essentially an infinite number of data and media messages incessantly bombarding us, we must be highly sensitized to our communication styles if we ever want to be heard by our desired audiences.

Lawyers rely greatly upon the spoken word in their work so perfecting their communication style is a wise investment.

Below are five quick tips:

Think before you speak. No, really. Humans have a tremendous capacity to listen, absorb and respond to messages at a relatively high rate. Because of this, it is very tempting to get caught up in the fast-paced process (depending upon in what part of the country you live) and instead of actively listening and absorbing your audiences’ messages, you volley back and forth in the interaction, sometimes faster than your mind can compute.

To become a more effective communicator, one must demonstrate a disciplined approach in your oral communications. Before responding too quickly, put the brakes on to consider the impact of your words, verifying whether it is in your or your audience’s best interest to respond so quickly as to either short circuit the communications process and/or suffer the consequences of an ill-timed response. We adapt a 20-second rule. Before you respond, take 20 seconds (at minimum) to consider the implications of your words. Better to be a bit delayed with our response than to kick ourselves later for the words that impulsively escaped through your lips.

Consider your audience. The same message is not appropriate for every audience. As a private practicing lawyer, what you say to a referral source about your legal focus may be different then how you would explain it to a client or contact. The question to ask is “why would anyone care”? and “what is most important to my audience”? Let these questions guide your communications, both verbal and written.
Listen first and second, and then speak. We do not learn when we are speaking. It is imperative that as professional services providers that we actively listen to our audience to learn how we may help them.

Remove distractions immediately. Check the room temperature and light and sound in the room and within proximity. Create a positive environment in which to assure maximum attention and exchange of ideas.
Turn off your mobile device (even on vibrate, it can be distracting and disruptive) or leave it in your office.
Learn from your speaking partner (whether this is a client, referral source or other valuable contact) by asking select open-ended questions and then really listen to his/her responses to guide further conversation. Be curious.

Speak to be heard; message sent/message received. Mind the communications gap. Too many miscommunications occur when we “think” we told someone (message sent) but found out later either did not and/or the listener did not remember it (message received) as we remembered sending it. It matters not where the miscommunication occurred but rather how to avoid miscommunications. First, refer to tip #1 above: think before you speak to ensure that you are in control of your message. Second, to become a more effective speaker, you are well advised to confirm with your audience that the message received is the message you intended to send.

How do you do this? Ask for feedback “are you with me?” “Does this make sense?” Adapt these feedback questions to your natural communications style and you will likely see eyes light up when you speak.

Accentuate the positive; look inside first. Individuals who choose to lead with the negative often find they are talking only to themselves. Nobody wants to listen to negativity, especially when there is so much coming at us from the media and various social media channels. Learn the positive approach via disciplined practice and/or having a pal send you a signal if you “go off the ‘positive’ reservation”.

BONUS: Make every word count. KISS – – keep it short and simple. Do not offend your audience by offering too many examples when they understand your point in one. Treat words as the golden charms that they are. We simply have too many words in our day to waste the excess unnecessarily.

Becoming a more effective communicator requires a concerted effort, practice and willingness to adapt to new ways of thinking. There are few things more impactful than to present your well-crafted message and to be understood through the spoken and written word.

ARTICLE BY Kimberly Alford Rice of KLA Marketing Associates.

More on successful legal communications on the National Law Review Law Office Management page.

Legal Research News; Law Firm Updates and Awards and Law School Admission Changes: September 9, 2019

Labor Day is in the rearview, and the legal world churns on, with new developments, innovations and changes coming in on an almost a daily basis. This week’s update on the trending news in the legal industry features Clark Hill merging with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese, former FedEx Senior Vice President responsible for US Litigation joins Bradley, and six attorneys from Le Clair Ryan move to Fox Rothschild.

Read on to learn more about what’s happening.

Law Firm Hires, Moves and Mergers

Michael Best recently announced the addition of Mark Yacura to the firm’s Washington DC office. A seasoned attorney with more than 30 years of experience, he will join Michael Best as a partner and focus on FDA Regulatory issues. In his career, he has advised his clients on FDA approval and clearance processes, and worked on matters regarding synthetic pharmaceuticals, biotechnology diagnostics, medical devices and conventional foods, along with regulatory matters involving other agencies, such as the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC), among others.

Eric Callisto, Group Chair of Michael Best’s Regulatory Practice, sees Yacura’s experience as crucial in advising the firm’s international and domestic clients on the shifting political landscape. Callisto calls Yacura “highly respected” and says, “it’s an honor to welcome him to our team in the Beltway.”

Conne Lensing Fed Ex Bradley — Connie Lewis Lensing

Bradley announced that Connie Lewis Lensing, formerly in house at Fed Ex, has joined the firm’s Nashville office. Lensing had a long and storied career at Fed Ex, where she most recently served as the Senior Vice President responsible for U.S. Litigation. In her role at Fed Ex, she pioneered the idea of an in-house law firm, bringing litigation and trial responsibilities into the corporate legal department and also oversaw litigation across the United States and the Virgin Islands, with an emphasis on employment matters as well as antitrust, governmental actions, and EEOC (Equal Employment Opportunity Commission charges.

Along with being a trailblazer of corporate legal services, Lensing also demonstrated her commitment to civil justice as the Vice-Chair of the Board of Directors and as Chair of the Executive Committee of the US Chamber of Commerce’s Institute for Legal Reform; additionally, she has leadership roles in the organization the Lawyers for Civil Justice.

Throughout her career Lensing has seen the experience of women in legal dramatically changed. This life experience has given her insight, and she shares her insights by mentoring young women attorneys and championing them. Kim Martin, chair of Bradley’s Litigation Practice Group, calls Lewis-Lensing’s record of mentoring younger attorneys as “fantastic.” She says, “We look forward to including her insights and experience in this area to further support Bradley’s mentoring efforts.”

Bradley Nashville Office Managing Partner Lela Hollabaugh calls Lensing joining Bradley “a thrill” and “a tremendous honor” to partner with Lensing as she “enters a new phase of her career as a litigator and innovator in private practice.”

Fox Rothschild LLP recently welcomed six attorneys from Le Clair Ryan to be spread across the firm’s Washington DC, Texas, and New Jersey offices.

Joining the Washington DC office are four attorneys, with Robert Fletcher and Brian W. Stolarz coming in as partners and Kristin W. Broz as counsel in the litigation group. Ashleigh R. Eames joins the firm as an associate, working in the labor and employment practice group. Fletcher works with corporate clients on litigation in industries such as retail, government, insurance, pharmaceutical and biotechnology. Stolarz works with clients on white collar criminal defense, with an emphasis on False Claims Act defense and securities enforcement. He also assists with internal investigations and securities enforcement. Broz has experience in class action litigation, and her background also includes experience with US and international regulations, consumer protection data privacy matters. Also joining the DC office is Ashleigh R. Eames, she will be an associate in the labor and employment practice, focusing on wage and hour issues and leave and accommodation matters, as well as hiring and workplace compliance matters.

William E. Hammel joins the firm as a partner focusing on labor and employment matters in Dallas, Texas, he has broad experience across labor and employment law, and in arbitration and litigation, but he has a focus on avoiding litigation through prevention and training, utilizing internal auditing tools and conducting investigations. His Texas roots run deep, with a JD from Baylor University and a BA from the University of Texas.

Christopher L. Pizzo joins Fox Rothschild as a partner in the corporate group in the Morristown, New Jersey office. He has a diverse group of clients, frequently working in industries that have a lot of regulation, and focusing on corporate, transactional and Mergers and Acquisitions.

In other big moves, Clark Hill recently announced it was joining forces with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese (GCMAS), with six attorneys joining Clark Hill, four as members, two as senior counsel. This combination grows Clark Hill’s presence in Las Vegas. Donald Ridge, Member in Charge of Clark Hill’s Los Angeles, San Francisco and Las Vegas offices, says “We’re excited about the combination as the team brings significant litigation and trial experience, along with a strong presence and network in Nevada that will benefit all of our clients.”

Dominic Gentile Attorney — Dominic Gentile

The attorneys from Gentile Cristalli Miller Armeni Savarese will work out of Clark Hill’s Las Vegas office. Dominic Gentile, a founding member of GCMAS is a trial attorney with an impressive record of representing his clients in white collar and bet-the-company litigation matters, nationally and internationally on civil, criminal, securities and commercial fraud investigations and litigations. Gentile is involved in a variety of organizations associated with trial and litigation law, and he has a long career teaching trial advocacy and evidence at law schools across the country. Michael Cristalli will be a member with Clark Hill, using his experience representing clients in complex criminal, corporate and civil litigation matters. Some of the cases he worked on may seem familiar, as they have been featured on dateline NBC, CBS 48 Hours, and Cristalli has been a legal analyst on shows like Good Morning America, MSNBS and Fox and Friends. Ross Miller is a former Secretary of State of Nevada, the youngest to serve in this role in both Nevada and in the country. In this position, he oversaw Commercial Recordings, Securities, Elections, Nevada Business Portal, and Notaries Public. His public service also includes serving on State of Nevada Boards including the Board of Prison Commissioners, the Governor’s Office of Economic Development, and the State Audit Committee. Along with this public service, Miller was the Deputy District Attorney in Clark County. Paola Armeni will join Clark Hill as a Member, and she has a resume that includes representing clients in criminal defense and civil rights cases in Nevada state and federal courts. Vincent Savarese has worked in federal criminal defense, constitutional law, federal civil rights and asset forfeiture, in complex litigation at the pretrial, trial and appellate stage in state and federal court. He will join Clark Hill as Senior Counsel. Mark Dzarnoski is joining Clark Hill in the securities and investments group as a Senior Counsel having 30 years of experience. He guides clients through allegations of criminal fraud and SEC/FTC investigations and civil enforcement actions. s.

Gentile indicates this is a merger based on shared values. He says, “It was important to all of us that we merge with a firm that shared our client service philosophy, work ethic and values, and in Clark Hill we found the perfect alignment.” (image of Gentile?)

Law Firm Victories, Achievements and Awards

On September 3, 2019, Gilbert LLP announced that the Commercial Division for the Supreme Court for the State of New York ruled that Gilbert client, Michael Cohen, could continue his litigation against the Trump Organization, his former employer. Cohen is arguing that the Trump Organization failed to provide attorneys’ fees and reimburse his costs in connection to a variety of legal proceedings and investigations. Hunter Winstead, who serves as the lead attorney on the matter, indicated an intention to pursue this matter to conclusion, saying, “We intend to obtain full payment of Mr. Cohen’s claims.”

Just in time for back to school, Hinshaw & Culbertson LLP, announced the publication of their Third Edition of a 50 State Guide on Student Loan Servicing Regulations. The second edition was published in June of 2018, and this edition captures the changes in the regulatory landscape of this industry, with 6 additional states enacting laws concerning student loan servicing: Colorado, Maine, Nevada, New Jersey, New York and Rhode Island. The third edition covers changes up to May of 2019, and captures some of the updated regulations on licensing fees, processes and actions—demonstrating the steps loan servicers need to take to remain in compliance. Additionally, changes made in regulation requirements in Washington, DC-based on court rulings are covered by the guide. In this rapidly shifting regulatory landscape, this guide is designed to be a quick reference for student loan servicers (but does not constitute legal advice or create an attorney-client relationship) with state by state summaries covering state laws, licensing processes, and loan servicers’ duties, as well as each state’s enforcement mechanisms. (link to guide?)

North Carolina law firm Poyner Spruill announced partners Karen Chapman, Sarah DiFranco, and Susie Gibbons were recognized as North Carolina Lawyers Weekly’s 2019 Women of Justice Award honorees. This is a designation that recognizes the highest ideals of the legal profession, and women attorneys in North Carolina who demonstrate leadership, integrity, service, sacrifice and accomplishment in improving justice quality across the state.

Peter Friedenberg and Sara Jane Shanahan of Sherin and Lodgen were both recognized as a “Lawyer of the Year” in Best Lawyers. Friedenberg was recognized for his work in Real Estate Law, and Shanahan was recognized for Litigation—Insurance. This is a designation reserved for one attorney in each specialty and location who has received the highest overall peer-feedback for their specific practice area.

Legal Industry and Law School Developments

Continuing with the back to school theme of this edition of NLR’s Legal Industry Trends; at the end of August Berkeley Law School announced that it will now consider some applicants on the basis of a GRE or GMAT score, and those applicants can avoid the LSAT. The GRE and GMAT will be accepted for those interested in concurrent or combined degree programs, or for those who are enrolled in graduate school at the time of their application to Berkeley Law. Part of the reasoning behind this development is the school’s goal to admit “outside-of-the-box thinkers” and a holistic approach to application review, according to Kristin Theis-Alvarex, Assistant Dean of Admissions and Financial Aid. She says, “Test scores—from any source—are important, but not dispositive.” Dean Erwin Chemerinksy says, “Allowing these students to apply with the GRE and GMAT will further our interdisciplinary mission and help us to continue to attract outstanding law students.” This move is part of a pilot program, and the school will evaluate the results of this decision over the next three years carefully to maintain ABA compliance.

On the other end of the spectrum, The American Bar Association released its white paper, the ABA’s 2019 Profile of the Legal Profession. This report is the first of its kind from the ABA, crammed full of data about the state of the legal profession, compiling information from surveys, studies and reports about lawyers and law firms across the United States. The report has specific sections devoted to lawyer demographics, pay, legal education, and specific information related to women attorneys, pro bono efforts and legal technology. Some interesting points below:

Male attorneys still outnumber female attorneys, almost 2 to 1. Male attorneys are 64% of all attorneys while women attorneys are at 36%.
Most state bar associations do not track race and ethnicity of attorneys, but more did in 2019 (20 states) compared to 16 states tracking in 2009.
The average lawyer salary is $144,230, but increases have slowed down after the recession of 2008-09, but from 1998 to 2018 overall, lawyer salaries almost doubled, but the cost of living rose 53%.
Of the students who enroll in law school, 35% enroll right after undergrad and 65% take at least a year off between undergrad and law school. The most common reason cited for going to law school was a route to careers in politics, government or public service, at 44%.

Full of information and factoids, this report deserves a close reading by anyone interested in getting a handle on the legal industry.

Gartner, a leading research and advisory company, recently reported the results of a survey on cost-effective legal departments. To provide this data, Gartner surveyed more than 140 companies in different locations, industries and revenue size to identify those that spend in the lowest quartile of their peer group, while handling a similar workload. Overall, the study indicated in house legal departments that invested in improving internal processes and growing internal capabilities with investments in staff training as well as standardizing legal work and developing legal ops capabilities were the most cost-effective. In fact, 63% of in-house legal work is routine, and can be standardized, and departments that lack legal operations capabilities spend 30% more than those with those abilities. These steps assist legal departments in bringing work in house and saving outside counsel expenditures for critical matters.

Michael Mayfield, research director in Gartner’s Legal & Compliance practice, says, “General Counsel also need to invest in the right areas to equip their teams to be successful, this is most clearly on display when looking at the differential in training spend between cost-effective legal departments and their higher-cost peers.”

That’s a wrap for this week. We’ll have more later in the month!

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC.

More law firm updates on the National Law Review Law Office Management page.

Legal Industry News for August 12, 2019: Law Firm Updates, Hires, Awards and Legal Technology

Even though summer is still in full swing and folks are cycling through vacations, law firms and the legal industry continues to hum with activity.

Read on to see more on legal industry hires, recognitions, and new technology and research impacting the legal industry.

Law Firm Hiring, Strategic Partnerships and Expansions

Van Ness Feldman announces the return of Vincenzo Franco as a partner in the Electric and Renewable Energy Practices. Franco was at Van Ness Feldman from 2010-2014, and left the firm to work with Exelon Corporation, as Assistant General Counsel – Wholesale Trading Compliance and then Associate General Counsel at Exelon Corporation, where he led the compliance function for Constellation. With his return to VNF, Franco focuses on transactional, regulatory and enforcement matters representing utilities, generation owners, developers and other investors before FERC (Federal Energy Regulatory Commission). VNF Chair, Richard Agnew, indicated his excitement at Franco’s return. Agnew says, “His [Franco’s] in- house experience coupled with his knowledge of our clients makes Vincenzo an exceptionally strong addition to the firms highly regarded electric practice.”

Leading international technology and energy law firm Baker Botts LLP announced that it has formed strategic partnerships with the Cannon Houston, Station Houston and Capital Factory. These Houston organizations are designed to aid entrepreneurs and will specifically be working with Baker Botts’ Emerging Company and Venture Capital practice based in Palo Alto. The firm’s experience in advising entrepreneurs, emerging growth companies, investors and venture capitalists provides a valuable resource for the incubators and the entrepreneurs they nurture and host. Samantha Crispin, the Technology Sector Chair at Baker Botts points out this partnership will allow Baker Botts to work with a generation of Texas-based companies from their very inception. She says, “One of the most intriguing aspects of these partnerships is the expected cross-pollination of our Texas and California ECVC practices and that the most promising companies will gain exposure to potential investors, including those in Silicon Valley.”

Baker Botts Managing Partner John Martin embraces the opportunities for growth this partnership will provide. He says, “We have a history of working with emerging and technology companies throughout their full life cycle, and we expect these partnerships will expand those opportunities more broadly. Some of our firm’s largest clients are businesses with which we have worked since they were startups themselves.”

Dinsmore has expanded operations onto the East Coast, opening an office in the Boston Financial District. Three partners—Javier F. Flores, Eric V. Skelly and Brian Blaesser will lead the new office and the firm’s expansion into this region. The firm will primarily represent clients in litigation and real estate development in New England. With the opening of the office in Boston, Dinsmore now has a presence in 25 cities across the country.

Sherman & Howard announced they added two attorneys, Member James Beard and Associate Robert Thompson, to their Denver office in their Litigation, Trials and Appeals group.

Beard has been litigating complex civil and intellectual property matters for over ten years, with a particular emphasis on handling complex discovery matters. He has argued cases in federal courts across the country, and has handled matters before the International Trade Commission (ITC) and the U.S. Court of International Trade. Beard says, “With its history and reputation in Colorado, the Firm is uniquely positioned to serve the explosive growth of Denver’s high-tech market.”

Along with Beard, Sherman & Howard is also adding Robert Thompson as an Associate to the Litigation, Trials and Appeals practice group. Thompson’s practice will focus on securities litigation and enforcement matters. His previous experience in house at a leading financial institution has prepared him well for representing clients in SEC (Securities and Exchange Commission), DOJ (Department of Justice) and FINRA (Financial Industry Regulatory Authority ) investigations. Katie Varholak, Litigation Practice Group Leader at Sherman & Howard, “Thompson’s background in finance, securities and complex corporate investigations positions him to serve a wide range of the firm’s clients.”

Robinson & Cole, a 200 attorney firm with offices throughout the northeast announced Kenneth A. Sherman and Virginia K. Trunkes joined the firm as counsel in the Construction practice.

Sherman is joining the Boston office, while Trunkes will be in the New York office. Sherman has experience assisting project owners, developers and general contractors, and others, in navigating construction disputes, and with drafting contracts, negotiation and entity formation.

Trunkes works with developers, apartment building, brownstone and condominium unit owners, and others, in negotiating contracts and adjacent-owner license access agreements. R+C Construction chair, Gregory R. Faulkner, says the attorneys are welcome additions and will help the firm strengthen its presence in the construction market, and “Their hands-on experience is an added value to our practice and further enhances our collective ability to provide the best service to our clients.”

Law Firm Accomplishments, Awards and Recognitions

McKool Smith, noted litigation firm, secured an insurance recovery victory on behalf of Pfizer in Delaware Superior Court. This victory allows Pfizer to continue to compel two excess insurers to cover the costs related to defend and settle multidistrict litigation surrounding pain treatments Celebrex and Bextra. McKool Smith principals Robin Cohen, Adam S. Ziffer and Marc Ladd represented Pfizer in this litigation. A Delaware state court judge awarded partial summary judgment, saying Arch Insurance Company and U.S. Specialty Insurance Company were unable to apply a “specific litigation exclusion” in their D&O policies, and that these insurers must help cover the cost of the $486 million settlement.

Seyfarth Shaw was recently recognized for its commitment to diversity and inclusion by the California Minority Counsel Program (CMCP) receiving the Drucilla Stender Ramey Majority-Owned Law Firm Award. The CMCP is a state-wide non-profit dedicated to opening up the legal profession to attorneys from all backgrounds, by providing attorneys of color with opportunities for business development. Seyfarth Shaw has offices in Sacramento, San Francisco, Los Angeles and Century City. The firm has a recognized commitment to diversity, and was also recently named a “Best Law Firm for Women” for the ninth year in a row, and was shortlisted for the 2019 Chambers USA Diversity & Inclusion Awards. The firm is especially proud of its “Rooney Rule” initiative, where for every open associate position, at least one diverse candidate is considered and interviewed.

Full-service law firm Pillsbury’s Corporate practice, in a review of M&A and private equity, was ranked among the Top 20 legal advisers in the US and Japan. Factset highlighted Pillsbury as a top 20 firm in Japan for M&A deals, and in the United States, the firm was in the top 20 for middle-market M&A transactions. Along those lines, Refinitiv listed Pillsbury in the top 20 for deal count for firms handling U.S. middle-market mergers and acquisitions, so far in 2019, and Bloomberg named Pillsbury in the top 20 for active law firm advising on deals valued up to 250 million. Pillsbury has over 100 experienced M&A attorneys across the firm’s twenty global offices. Highlighted transactions for 2019 include Invitae Corp.’s acquisition of biotechnology company Jungla, Salarius Pharmaceuticals on its merger with Flex Pharma, and Intel’s acquisition of Barefoot Networks, just to name a few.

DirectWomen, dedicated to increasing the presence of women attorneys on corporate boards, will honor 2019 award recipients in October in New York City at the Sandra Day O’Connor Board Excellence Award Luncheon. These awards are given to recognize the efforts made by the recipients to increase corporate board diversity. The Sandra Day O’Connor Board Excellence Award honors women who have served on the board of a public company and have advanced the mission of diversity in the workplace. This year, Angela Braly, Co-founder of the Policy Circle and former Chair and CEO of WellPoint, now known as Anthem, among others, and Rose McKinney-James, Managing Principal of Energy Works LLC. PNC will be presented with the 2019 Board Diversity Award, which recognizes corporations that served as leaders in achieving board diversity by showing a commitment to diversity in the boardroom. Linda L. Addison, Immediate Past Managing Partner of Norton Rose Fulbright and Director, Torchmark Corporation will be recognized with the Distinguished Alumna Award, highlighting the accomplishments of an Alumnae who joined a large corporate board since completing the Institute. Finally, the Mary Ann Jorgenson Board Empowerment Award will be presented to DirectWomen Advisory Board Member Alan L. Beller, Senior Counsel, Cleary Gottlieb Steen & Hamilton LLP; Director, The Travelers Companies, Inc for his work preparing women attorneys to assume the responsibilities of board service.

Commercial Mortgage Alert once again ranked law firm Cadwalader, Wickersham & Taft LLP at the top of their commercial mortgage-backed securities (CMBS) tables, ranking Cadwalader as Number 1 for both Issuer Counsel and Underwriter Counsel, making it the 19^th year in a row Cadwalader held that spot for Issuer Counsel. Further, the firm represented 58% of the issuer offerings floated in the United States in the first half of 2019, and 44% of the CMBS transactions on the underwriter side. Mike Gambro, co-chair of Cadwalader’s Capital Markets Group, says of the rankings, “We work with great clients who expect us to provide top-notch advice and service, and we are fortunate to have the results reflected in our position in the law firm rankings for so many years.” Cadwalader’s Capital Markets Group has attorneys based in New York, Charlotte, Washington, D.C., and London.

Legal Industry Technology, Research and Software Advancements

Qorus, a sales platform connecting contacts, content, and data, recently announced a Share & Track feature to their software. This addition enables user to send documents securely without attachments, and track how their contacts engage with those documents, such as proposals, pitches, and contracts. This enables sales teams to see and analyze which part of their proposal process is most important to their prospects, and they gain insight into their materials to ensure they create content that is engaging and effective.

The documents are sent via tracked sharing links that can be inserted into messages to clients. These links, when clicked, track the engagement with the content and launch an online document viewer and the file can be viewed securely, providing the information securely to the prospect. The sales team can see how long the prospect looked at the document, which pages were looked at the most, and whether or not the document was passed on, providing valuable feedback on what really matters to prospects. Ray Meiring, Qorus CEO, explains “This creates a powerful feedback loop that tells the team how interested a potential buyer is, and gives them insight into the prospect’s true propensity to buy – allowing them to adjust their approach accordingly.”

With the constant concerns regarding cybersecurity and with increasing regulation on a variety of levels, the introduction of Digital Defense’s Frontline InsightTM with on-demand peer analysis of security risk metrics gives companies another arrow in their quiver to secure their data. Frontline Insight is accessible via Frontline.Cloud Digital Defense’s Saas security assessment platform. This allows Digital Defense users to access information to reduce their own security risk, and provide information on how to evolve and maintain their information security programs so that they perform at top levels. By offering comparison from an industry perspective, but also integrating suggestions based on organizational and employee size, the tool can highlight vulnerable areas and threats, and assist in the development of benchmarks. Larry Hurtado, President & CEO of Digital Defense says this is a useful product for companies looking to evaluate their data security practices in comparison to organizations similar in size and scope. He says, “Frontline.Cloud enables clients to gauge their success in ways that previously required more intensive consultative studies. Now, this information is available with just a few clicks.”

Of particular interest to law firms as they look at managing law firm succession strategies as baby boomers exit the workforce and millennials assume greater responsibility is the results of a Manpower Group Survey, indicating only six percent of millennials want to be leaders, and just four percent want to manage others. The survey indicates that millennials, on a whole, are more interested in developing their own skill sets, and less interested in learning to manage and lead others. This suggests that law firms will be among the 84% of organizations facing a leadership shortfall, and developing a leadership pipeline for law firms, as well as client relationship management, will become increasingly important as firm leadership transitions become more complex and frequent.

Intapp has recently released a white paper The Modern CMO: Advancing Marketing From Reactive to Predictive. This paper discusses how adopting a modern approach to law firm business development, and harnessing data across the entire client lifecycle can lead to insights that drive smarter and more strategic decisions in law firms. Topics discussed include the role of the CMO as a change agent, smart collaboration in action and how to transition from a reactive to a predictive approach.

This article was written by Eilene Spear of The National Law Review / The National Law Forum LLC.

For more law office updates, see the Law Office Management page on the National Law Review.

The National Law Review’s Legal Industry Overview: July 22, 2019

The National Law Review staff uses this space to explore and recognize law firm changes, including new law firm hires. Additionally, we like to highlight law firm awards and individual attorney achievements, as well as explore technology and software developments that make legal research and law firm management easier and more efficient.

Law Firm Additions, Promotions and Hires

Bracewell LLP announced they added two public finance partners, Bill Mahomes and E. Steve Bolden II. The men have been practicing together for the past ten years, and they both have extensive experience in public finance projects. Bracewell Managing Partner, Gregory M. Bopp says, “Bill and Steve are exceptional public finance lawyers. They have a strong public finance practice in Dallas and across Texas that will deepen the capabilities of our nationally-recognized team.”

Mahomes has experience in public infrastructure projects and P3s, and has served on the board of directors of the Dallas/Fort Worth International Airport and the Texas Turnpike Authority, giving his advice the heft of on the ground experience. Bolden, along with his public finance work, also practices in corporate and securities law; specifically, experience in mergers and acquisitions in public and private companies. In terms of his public finance practice, he focuses on bond counsel, disclosure counsel and underwriters’ counsel matters.

Alan Brunswick MSK Attorney — Alan M. Brunswick

Mitchell Silberberg & Knupp announced that Alan M. Brunswick will join the firm as a partner in the Los Angeles office. Brunswick has established a practice representing clients in labor relations matters, specifically in the media and entertainment industry. His experience spans wrongful termination, employment discrimination, wage and hour as well as ERISA disputes in union and non-union settings. Before moving to law firms, Brunswick was the former Vice President and in-house counsel for the Association of Motion Picture & Television Producers. Kevin Gaut, chairman of MSK, praises Brunswick’s reputation for creativity and intelligence, and he says, “Adding Alan to our team of sophisticated entertainment industry labor attorneys only strengthens MSK’s standing as a go-to firm for companies facing tough negotiations.”

Perkins Coie announced their Labor & Employment practice added three new partners—Richard B. Hankins and Brennan W. Bolt to their Dallas office, and Seth H. Borden to the Washington DC office. All three bring experience in labor relations advising, and have experience working with corporations and in working with the NLRB.

Hankins has over twenty years of experience working with companies on a wide range of labor relations issues; with specific emphasis on working with companies on labor relations strategies during acquisitions and divestitures, as well as plant reorganizations. Additionally, Hankins has experience before the NLRB and the US Circuit Courts of Appeals, arguing cases in over 15 regions of the NLRB. Borden has built his career on helping organizations navigate labor relations strategies, including helping to negotiate collective bargaining agreements and labor arbitrations. He has specific expertise in social media and other communications technologies and how they integrate into labor law. Brennan works with employers, providing counsel on unfair labor practice proceedings, collective bargaining, strikes and boycotts. He has litigated on the employer side on Title VII, the ADA, FMLA, FLSA, trade secrets and non-compete claims. Ann Marie Painter, Chair of the Perkins Coie Labor & Employment practice calls the addition of the attorneys a “valuable resource.” She says, “When it comes to the labor and employment space, this group has a stellar and nationally recognized reputation as the go-to team for some of the world’s largest companies. They have successfully handled large-scale ‘bet-the-company’ labor cases, but can also nimbly aid employers of all sizes with their day-to-day labor issues.”

Additionally, Perkins Coie announced that Joydeep Dasmunshi has joined the Mergers & Acquisitions (M&A) practice as a partner in the Chicago office. Dasmunshi has focused on middle-market M&A transactions, and his record includes a $4.25 billion airline acquisition, a $1.75 billion sale of a global valuation, corporate finance and governance-related advisor company to a private equity firm two years ago, and work with various middle-market portfolio companies in technology, media, financial services and healthcare.

Pallavi Banerjee, Ph.D. joins Womble Bond Dickinson as a Science Advisor in the firm’s Boston office. A former fellow with Boston Children’s Hospital and Harvard Medical School, Banerjee’s background in cell biology, cancer biology and immunology assists life sciences clients develop their patent portfolios. She has experience working with biotech companies and universities on IP due diligence and drafting and prosecution of patent applications with the USPTO. Her research on cellular and molecular mechanisms of diseases and how to identify therapeutic targets using in vitro and in vivo mechanisms have been published in the Journal of Biological Chemistry, Cancer Research, Cancer Letters, and International Immunology.

Venable recently announced that Paul C. Levin has joined the firm as a partner in the Real Estate Practice. Levin has experience at all levels of the real estate transaction process, and he has worked on some of the most recognizable projects in the Bay Area. Levin is a LEED Green Associate and is a member of the U.S. Green Building Council, Northern California chapter. Additionally, he has experience with P3 projects. He will be working in Venable’s Baltimore and San Francisco offices. Levin is excited about his bicoastal work with Venable, saying, “The firm’s deep practice and stellar reputation will allow me to continue to grow as a deal lawyer. I am thankful to have the opportunity to continue to build my Bay Area practice while returning to my hometown to expand my East Coast deal flow.”

Law Firm Recognition and Accolades

John Allen, of Varnum, was recently appointed to the Ethics and Professionalism Standing Committee of the Tort Trial and Insurances Practice Section of the American Bar Association. Allen, who focuses his practice on business and commercial litigation, has served this committee devoted to consideration and understanding of issues on attorneys maintaining professional independence, at several points throughout his career. Along with being certified as a civil trial advocate by the National Board of Trial Advocacy, he is also a certified arbitrator and mediator.

Carmen Cole Polsinelli Attorney — Carmen Cole

Labor and Employment Attorney Carmen Cole, with Polsinelli, was recently appointed to the Board of Directors of Public Counsel. Public Counsel is a non-profit dedicated to providing legal services to individuals, families, veterans and immigrants who live below the poverty level and do not have access to legal representation. In order to address civil rights and systemic issues facing this population, the group works with volunteers from major law firms and corporations.

Cole, a Principal in Polsinelli’s LA and SF office, says, “Public Counsel plays a critical role ensuring that individuals in underserved communities within the Los Angeles area have access to quality legal representation,” said Cole. “I am honored and humbled to be a part of this mission. As someone from an environment where statistically it would have been more likely for me to have become a client of Public Counsel rather than a member of its Board of Directors, this appointment will provide an opportunity to pay it forward. This is a great way to give back to the Los Angeles community.”

Cole has a long list of community volunteer and leadership roles. She has been active with the California Minority Counsel Program; she has worked hard to make the legal industry more accessible to women and minorities. Cole has also contributed her time in raising awareness and funds for the African American Chamber of Commerce’s (GLAAC) Education Fund & Foundation program.

For the sixth year in a row, Davis Wright Tremaine was named one of the country’s Best Law Firms for Women by Working Mother magazine in conjunction with the ABA Journal. This accolade recognizes the firm’s success in retaining and recruiting women attorneys, the firm’s family-friendly policies and the resulting high number of women in leadership roles. Women comprise 27% of the equity partners at Davis Wright Tremaine. The magazine highlighted the firm’s Mentoring Circles program, which was recently revamped and now helps support over 100 women attorneys at all levels in the firm.

Labor and Employment law firm, Jackson Lewis was also one of the 60 firms recognized by Working Mother magazine as a “Best Law Firm for Women.” Firm Co-Chairs Kevin G. Lauri and William J. Anthony say they are pleased with the firm’s designation by the magazine, and they “consider it to be a direct result of the firm’s inclusive culture together with our commitment to fostering the promotion of women throughout every level of the firm.”

Meredith Borgas, editor-in-chief of Working Mother, says she hopes the magazine’s accolade highlights best practices for law firms and encourages others in the industry to follow suit. She says, “It’s heartening to see the progress women lawyers are making at firms committed to fully utilizing these attorneys’ abilities. The war for talent is increasing incentives for law firms to invest in retaining women lawyers, which is why we’re seeing more women’s initiatives and parental-support groups.”

Dan Wolf, an Associate with Gilbert LLP, was recently honored with the Making Justice Real Pro Bono Award by the Legal Aid Society of the District of Columbia. Wolf has an outstanding record in pro bono achievement, having worked with clients referred from Legal Aid and leading pro bono efforts at his firm; which he has done since he joined Gilbert in 2012. Wolf has worked with pro bono clients on consumer law matters, rental housing and public benefits, and he has recruited colleagues to take on these matters as well. Scott Gilbert, the founder and Chairman of Gilbert LLP, says Wolf “sets an example for the firm. We are both very proud and quite fortunate to have Dan as a colleague.”

Legal Industry Tech, Tools &

Thomson Reuters recently announced Westlaw Edge Quick Check, designed to harness AI technology to streamline and supercharge legal research. Quick Check allows Westlaw users to go over documents with citations to ensure everything is covered and no major points were missed. By uploading a document into Quick Check, users can have the text analyzed and Quick Check will identify the legal issues at hand, offering recommendations of relevant to the issues in the document that are not cited. Users can filter results based on previous reviews, and additional indicators are assigned based on established categories. Quick check is integrated with KeyCite to catch cases that are bad law, to ensure the results are accurate. Additionally, QuickCheck can be used to identify weakness in briefs, highlighting citations that are invalidated or overturned, and can find citations that were passed over but are relevant.

Khalid Al-Kofahi, vice president of Research & Development at Thomson Reuters says:

We’ve built Westlaw Edge Quick Check to be very sophisticated in terms of selecting which language and citations to extract from motions and briefs, and it executes several search strategies, sifts through primary and secondary law results, follows citation networks, and finds and filters by Key Numbers, courts and other data attributes. In doing so, it often considers hundreds of thousands of possibilities – far more than any researcher could go through, even if he or she had all day to do it – yet it returns a concise report of relevant material that might have been missed in a traditional research process.

Wilson Allen, a software and technical services provider for professional services law firms, and ClearlyRated, a client satisfaction, service quality research provider, have teamed up to help law firms take client experience data to distill actionable insights for business development. Norm Mullock, Vice President of Strategy at Wilson Allen, says, “After experiencing the ClearlyRated client survey program first-hand, it became clear that real-time insight into client experience would be a pivotal improvement for the firms that we work with.”

This partnership will allow law firms to maximize the data available in both client feedback and business analytics to provide the tools needed for data-driven decision making. The companies have launched an API Integration that pairs the ClearlyRated Client’s Service program with business intelligence tools in order to ensure those data points are available for business planning. Eric Gregg, ClearlyRated’s CEO, says, “The client experience is important to all professional services businesses, but it is also a prime opportunity for law firms to differentiate from the competition. Our partnership with Wilson Allen will ensure that the law firms we serve have access to measurable insight on the client experience in a way that supplements business intelligence and informs strategies for growth.”

With the need for efficiency ever-present in legal operations, LawLytics, the leading website platform for small law firms, and PracticePanther, the cloud-based practice management system, have partnered to provide customers of both forms with native integration between their platforms. By simply embedding some code, a law firm’s web leads and client forms can be linked to their PracticePanther account, simplifying the process of integrating new clients, setting up billing and matter management. Instructions, with screenshots, are available and this process can be implemented with just a few clicks.

This article was written by Eilene Spear of The National Law Review / The National Law Forum LLC.

For more legal industry updates, please see the National Law Review Law Office Management page.

Tag: law firm

What Is the CARES Act and How Can It Help Legal Professionals?

How the CARES Act Applies to Lawyers

Paycheck Protection Program (PPP) for Attorneys, Legal Administrators, and Staff

Coverage for Payroll Costs

Coverage for Sole Proprietor or Independent Contractor

Paycheck Protection Program (PPP) Loan Forgiveness

Employee Retention Credit

Payroll Tax Deferment

Economic Injury Disaster Loan Emergency Advance (EIDL)

What Happens If You Enroll for PPP and EIDL?

The 2020 CARES Act Can Help Your Law Firm

CARES Act 2020 Resources

Like this:

E-Filing is Coming, E-Filing is Coming!

Like this:

Law Firms and Bar Associations Must Plan Now for Coronavirus Outbreak

Like this:

Attorney Wellness and Mindfulness Part 1: Why is Mindfulness a Benefit to Attorneys and others in the Legal Industry?

It’s pretty obvious that the legal industry is very competitive and that it can be full of very high-stress situations. What are some symptoms of constant stress that you might come across in the day to day operations of a typical law firm?

How does mindfulness practices help counteract that stress in a typical law office environment?

Like this:

Communicate with Clarity and Precision: Five Steps to Improve Your Efficacy

Like this:

Legal Research News; Law Firm Updates and Awards and Law School Admission Changes: September 9, 2019

Law Firm Hires, Moves and Mergers

Law Firm Victories, Achievements and Awards

Legal Industry and Law School Developments

Like this:

Legal Industry News for August 12, 2019: Law Firm Updates, Hires, Awards and Legal Technology

Law Firm Hiring, Strategic Partnerships and Expansions

Law Firm Accomplishments, Awards and Recognitions

Legal Industry Technology, Research and Software Advancements

Like this:

The National Law Review’s Legal Industry Overview: July 22, 2019

Law Firm Additions, Promotions and Hires

Legal Industry Tech, Tools &

Like this:

How the CARES Act Applies to Lawyers

Paycheck Protection Program (PPP) for Attorneys, Legal Administrators, and Staff

Coverage for Payroll Costs

Coverage for Sole Proprietor or Independent Contractor

Paycheck Protection Program (PPP) Loan Forgiveness

Employee Retention Credit

Payroll Tax Deferment

Economic Injury Disaster Loan Emergency Advance (EIDL)

What Happens If You Enroll for PPP and EIDL?

The 2020 CARES Act Can Help Your Law Firm

CARES Act 2020 Resources

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

It’s pretty obvious that the legal industry is very competitive and that it can be full of very high-stress situations. What are some symptoms of constant stress that you might come across in the day to day operations of a typical law firm?

How does mindfulness practices help counteract that stress in a typical law office environment?

Share this:

Like this:

1. Develop Your Content Marketing Strategy

2. Expand Your Social Media Presence

3. Make Sure You’re Considering Your Mobile Users

4. Bring in Gated Content

5. Tap Into E-Mail Leads

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Law Firm Hires, Moves and Mergers

Law Firm Victories, Achievements and Awards

Legal Industry and Law School Developments

Share this:

Like this:

Law Firm Hiring, Strategic Partnerships and Expansions

Law Firm Accomplishments, Awards and Recognitions

Legal Industry Technology, Research and Software Advancements

Share this:

Like this:

Law Firm Additions, Promotions and Hires

Legal Industry Tech, Tools &

Share this:

Like this: