Category: Law Office Management

How Law Firms Can Create & Communicate Successful DEI Initiatives

With law firms beginning to return to in person work following the COVID-19 pandemic, the legal industry is facing a number of challenges surrounding diversity and inclusion. As workers return to the office, law firms are embracing diversity, equity, and inclusion (DEI) initiatives to create more inclusive workplaces. However, simply creating a DEI initiative isn’t enough to truly spark change within a law firm.

To discuss these topics, GCC Portfolio hosted a webinar on DEI & E-relationship building  moderated by Deb Knupp, Managing Director at GrowthPlay, featuring panelists Tasneem Khokha, Managing Director at GrowthPlay and C.L. Nathanson, Founder and President of GCC Portfolio.

For law firms looking to create DEI initiatives, it’s important to understand the current state of DEI in the industry, how to engage employees when creating initiatives, and how to communicate these initiatives to clients.

What is the Current State of Diversity, Equity and Inclusion in Law Firms?

There are three key issues that are top of mind for law firms as people return to the office, including the impact of the pandemic on staff and attorneys of color, Ms. Khokha said.

“There is clearly a disproportionate impact of the pandemic on people of color. It’s very likely for firms that have diverse talent pools that their staff and attorneys of color will have been disproportionately affected,” Ms. Khokha said. Related to that, Ms. Khokha said firms must recognize how working from home during the pandemic disproportionately affected women and primary caregivers.

“The second thing I’m seeing is that firms over the last year have had to really get their arms around the impact of the racial upheaval in our country over the past year, and the particular impact of that on black and Asian American communities,” she said. “Thinking about that impact on the mental health and wellbeing of our colleagues is important as well.”

Even though law firms are facing challenges surrounding racial diversity in the workplace, the COVID-19 pandemic created opportunities for firms to approach talent development in new ways.

“Some of the old ways of thinking about face time in the office have been really challenged in the past year. We have some ways to think about talent development in a way that may be truly more equitable,” Ms. Khokha said. “On the one hand there are some real challenges. There are informal communities and structures within law firms that don’t always include diverse populations the same way they do majority counterparts.”

Ms. Khokha explained that even though working from home created new challenges for law firms during the COVID-19 pandemic, there are some new opportunities created by remote working as well.

“Firms are really thinking about what working from home has taught us about talent development and management,” Ms. Khokha said.

Even with the improvements remote work brought to talent development, it’s also important for firms to remember that not all employees will have the same experiences returning to in-person work.

“Returning to the office won’t be a one size fits all,” Ms. Knupp said. “People will be bringing different experiences. Setting the conditions for looking at the impact on professional development and some of those more informal relationship building channels will be critical things to see with fresh eyes and empathetic hearts.”

In addition to empathy, law firms must also consider how DEI may impact client relationships. Law firms that invest in DEI initiatives will not only see an impact on employee wellbeing, but on the firm’s bottom line and its relationship with clients as well.

“The business case for DEI is stronger than it ever has been,” Ms. Khokha said. “Diverse teams create better outcomes for clients as well as more employee engagement. Notwithstanding, the progress on DEI in the legal industry has been really incremental. Now more than ever, we’re all focused on DEI as a part of our businesses as a factor important to our success.”

How to Create Diversity, Equity and Inclusion Initiatives at Law Firms

Ms. Khokha said a pitfall for firms to avoid is undertaking a DEI initiative as a performative act rather than a strategic one.

When creating diversity initiatives, firms need to ground DEI efforts in a thorough assessment of where the firm is, and create goals around what the firm needs and the issues that need to be solved for. Firms also need to center DEI initiatives around the firm’s values to ensure they are long term solutions, and commit to allocating resources to support the initiative.

“When I see firms getting this right, a few things that I see [firms doing] is to commit the adequate resources. Too often we see firms investing in DEI efforts because there’s some impetus that creates a desire to engage in these efforts,” Ms. Khokha said. “And yet, if we don’t adequately commit the resources necessary to do that well, it’s likely our efforts won’t be strategic or sustainable.”

What Questions Should Law Firms Ask Themselves When Developing a Diversity, Equity and Inclusion Program?

Ms. Khokha said firms need to recognize the complexity surrounding DEI initiatives and address them in a multifaceted way. This includes thinking about the way firms communicate these initiatives, and ensuring they’re sustainable. Specifically, Ms. Khokha recommended firms ask themselves the following questions when developing a DEI strategy:

• Why is this important to us?

• Who are our key stakeholders?

• What are our key messages?

• How are we going to communicate this in a way that reflects our values and priorities?

“The best firms recognize that DEI is not something that simply stops with those who have a JD,” Ms. Knupp said. “You see stellar results when your firm has the capacity to embrace [diversity].”

How Can Firms Connect & Communicate DEI Initiatives to Employees?

When engaging employees through DEI, law firms need to recognize that DEI initiatives are an ongoing commitment rather than a one size fits all solution. Additionally, when recognizing diversity efforts at a firm, highlighting success through including diverse groups is important.

Specifically, Ms. Nathanson highlighted Barnes & Thornburg’s efforts to focus on diversity through its holiday card selection. The firm’s BTBlack Talent Resource Group commissioned two black artists to create an image for the holiday cards. The firm also established a nonprofit foundation funded by employee contributions to focus on social and racial justice issues, and raised over $300,000 this year so far.

“Talking about [DEI] and going in with total empathy to the group you’re speaking with and listening gives you the opportunities to hear what the differences are,” Ms. Nathanson said.

However, even when firms have successful DEI initiatives, there’s often a push and pull between law firms and their clients on the ability of DEI to support diverse lawyers, Ms. Kohkha said.

“We see effort after effort among law firms to increase diversity, to support their diverse lawyers, and we’re consistently seeing clients saying that law firms aren’t doing enough. The progress is too slow and incremental and they want to see more,” Ms. Khokha said.

To solve this, clear communication about DEI efforts is key between law firms and clients. Additionally, to engage employees, firms must create buy-in for the opportunities that exist, Ms. Khokha said.

“It’s so important to explain what [DEI] is,” Ms. Nathanson said. “It’s also bottom line improvement.”

Copyright ©2021 National Law Forum, LLC

How to Effectively Do Legal Research

Research is a vital part of just about any legal profession. Whether you’re still in law school or working at your very own practice, legal research plays an essential role in helping you make informed decisions, craft compelling arguments, and enhance your working knowledge. However, there’s no denying that research can be a daunting prospect for even the most seasoned professionals.

In years past, legal research meant navigating dusty old libraries and sifting through gargantuan law books. Now, however, the advent of technology and research-focused software has revolutionized the research process. More than ever before, it is critical to have a solid grasp of the best practices of results-driven research to make the most of every tool available.

Streamline your next case by following these tips for the most effective legal research.

Identify a clear focus for your research

Just like delivering an argument in court, successful research requires careful planning and preparation ahead of time. When you start researching a new case, be sure to decide on a single goal or objective that you hope to achieve with your research. Doing so will enable you to ensure that your study yields beneficial results.

Don’t get caught up in researching every little nuance and minor detail when you’ve just started researching. Instead, keep your main goal in mind and let it guide you as you begin analyzing and annotating cases, articles, and other materials. It may be helpful to write down a one-sentence mission statement for your research to help you keep your intentions in mind.

After you’ve clarified your objective, begin committing your case to heart. Memorize all the vital information in the case, determine its jurisdiction, and develop a firm understanding of the circumstances surrounding the memo. Understanding all this core information while maintaining a core focus can set you up for success later in the research process.

Organize your research

Once you have thoroughly acquainted yourself with your case and ironed out your goals, take steps to ensure your research process is orderly and organized.

Logging your research is among the most critical things you can do to optimize your studies. By keeping track of the sources you find and your methodology for referencing them, it will be easy for you to find the sources you need when you start writing and explain your research strategy.

You have multiple options available for logging your work. While you can manually write down your thoughts on paper, you can also take advantage of a CRM or document management system to keep track of your work in one place, digitally. Regardless of the method you use, the best research logging practices typically include recording the date, keywords, process, and required follow-ups for each source you find.

Use the right search terms

If you plan to use an online database or search engines in your research, draw on the details and goals you identified in your initial analysis to develop a handful of precise search terms and key phrases. For example, let’s say you have questions about Texas copyright law. In that case, your search query might consist of a few keywords like “copyright infringement” and “Texas law.” Using specific terms in your searches will make it easier to discover the most relevant results.

Additionally, you can narrow down your queries by using Boolean search terms. For example, if your search includes the keywords “copyright infringement” and “Texas law,” then search engines will return any results that feature either “copyright infringement” or “Texas law.” However, if you only want sources that include both keywords, then use a Boolean like AND between them to tell the search engine to return results that contain the specified keywords. Using Booleans in this way can help you quickly find the sources you’re looking for without having to wade through potentially unnecessary results.

Draw from diverse sources

When you’re conducting legal research, it’s a good rule of thumb to try and draw from many different kinds of sources. Consider referencing a blend of primary sources, such as the original case and witness testimonies, as well as secondary sources like commentaries, dictionaries, and journals as you conduct your study. In the process, you’ll assemble more comprehensive information supported by a varied assortment of authorities.

Even cases that lack the outcome you desire can provide helpful insights for your purposes. For example, a case that ended in a guilty verdict can still offer valuable examples and precedents to consider as you’re building a defense closing argument.

Additionally, finding one relevant source can naturally lead you toward many others. Let’s say you find one law review that’s filled with helpful information. The chances are that this article will provide a treasure trove of references to other similarly valuable resources. Legal databases can make this process even more accessible, as many platforms have built-in functionality that can direct users to related articles, headnotes, and other sources.

It may be tempting to limit yourself to only the most recent sources for your research. However, that should not always be your tactic. Even decades-old cases can contain crucial details or set important precedents that affect your current project – provided that they haven’t been overruled or the law hasn’t changed in the meantime, of course.

Pace yourself where you can

One unfortunate reality that every lawyer must face in their career is that legal research rarely leads to the correct answer on the first try. Research can be inherently time-consuming, and it can be easy to get sucked into an endless loop of churning through databases searching for the perfect statute, article, or case.

However, the best researchers know when to stop. As you research, remember to take a step back every so often to evaluate your progress. If you find yourself encountering the same sources time and again, or if you’ve made all the headway you can realistically accomplish given your project’s timeframe, then it may be time to take a break or move onto writing.

Takeaway

There’s no denying that legal research can be an overwhelming process. However, taking steps like these to boost your efficiency and manage your time can empower you to overcome even the most challenging research-related tasks.

© Copyright 2021 PracticePanther
For more articles on the legal industry, visit the NLRLaw Office Management section.

5 Cybersecurity Risks and 3 Obligations for Law Firms

Law firms have recently become prime targets for cybercriminals seeking to steal, expose, sell, or otherwise extort confidential information.  Both the digitalization of law firms’ sensitive documents and the increase in means available to perpetrate an online crime exacerbate these risks.  Law firms encounter various cybersecurity risks from “insiders”—personnel within the company—and external persons.

As a response, many law firms have adopted cybersecurity obligations to protect its clients’ data and the firm’s integrity and reputation.

Main Cybersecurity Risks Facing Law Firms

Law firms naturally handle sensitive client data and confidential company information.  The lack of strong internal controls and compliance programs leaves law firms open to cyber-attacks. These attacks can be committed by insiders within the firm as well as external actors.  Some examples of cybersecurity risks for law firms include the following:

  • Data breaches: This risk involves the theft of personal or sensitive data from law firms and can be perpetrated for a variety of reasons including financial gain or retaliatory purposes.  Cyber criminals will typically execute these attacks by accessing the law firm’s computer from a remote location, collecting the personal or sensitive data, and distributing it to third parties.

  • Ransomware: Ransomware involves encrypting the law firm’s important files and demanding a fee—or ransom—in order for the cyber criminal to restore the file for the law firm’s use.

  • Phishing: This scam involves sending a scam message to an individual(s) in the hopes of getting them to send back confidential information.  This risk is especially prevalent in law firms due to the high volume of emails sent from external persons.  If severe, the attorney’s entire email account could be hacked, thus revealing mounds of sensitive client details.

  • Website attacks: Attorneys visit multiple legitimate websites in a day as a part of their daily responsibilities.  Criminals and hackers exploit this by infecting the computers of individuals who visit less secured websites.

  • Miscellaneous cyber threats: Additional threats to law firms’ security include (1) malpractice lawsuits that follow a breach and (2) cyber-crimes committed by insiders.  A client can file a malpractice lawsuit where they believe their attorney has failed to maintain adequate safeguards over their sensitive information.  Further, insider threats can originate from former disgruntled employees or current personnel members and are often very challenging to detect because these individuals often have access to the computers storing the data.

“By the time law firms notice the breach, it may have already suffered financial loss, and, consequently, media attention and reputational harm.  A robust cybersecurity compliance program would help the firm secure the data against improper access and use.  In other words, maintaining strong cybersecurity policies within your firm is key to mitigating liability exposure.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

2020 Statistics on Cybersecurity and Law Firms

The American Bar Association’s Legal Technology Resource Center compiles an annual report on cybersecurity for law firms that discusses the adoption of compliance programs, types of cyber risks, and injuries caused from cybersecurity breaches.  The number of law firms reporting a security breach increased from 26% in 2019 to 29% in 2020.  Some of these results may have been impacted by COVID-19 since many law firms moved operations online—thus necessitating virtual work environments and online communications.

Security breaches analyzed in the ABA’s report were broad and included stolen computers, exploiting vulnerabilities in websites, and hacking.  Law firms experiencing viruses, spyware, or other infection within their company must expend significant amounts of time, energy, and money in correcting the issue.

A recent example, in 2019, a senior director of corporate law and lawyer at Apple was charged and indicted on insider trading charges.  The indictment alleged that the lawyer traded confidential information during a blackout period where no stock can be bought or sold.

Legal Obligations for Law Firms: Statutes on Cybersecurity

There is no federal law regulating a law firm’s cybersecurity practices and policies.  However, federal law does regulate specific industry practices.  For instance, if a law firm has a client within the healthcare, accounting, or financial industry sectors, additional federal obligations may apply.

Clients in the financial industry sector may require that their law firms maintain extra security protection due to the sensitive nature of financial data.  The same applies for healthcare companies who store confidential health records of the public.  Clients that specialize in accounting practices must comply with the Sarbanes–Oxley Act of 2002, which could impose additional obligations on the law firms representing those clients.

The failure of the law firms to properly safeguard client data in these circumstances could lead to federal investigations, lawsuits, loss of future clients, fines and penalties, and significant reputational harm.

In addition to industry standards encompassed by federal law, each state has its own laws regulating data protection.  Law firms in California must be mindful of the California Consumer Privacy Act, while law firms in New York must take account of the regulations of the New York State Department of Financial Services as well as the Stop Hacks and Improve Electronic Data Security (“SHEILD”) Act.

Law firms may also find it beneficial to adhere to cybersecurity guidelines.  The National Institute of Standards and Technology (“NIST”) is a non-regulatory agency within the Department of Commerce that provides guidelines for cybersecurity regulations for the federal government.  NIST standards are voluntary but compliance with NIST’s Cybersecurity Framework is good practice for law firms and provides good evidence that the law firm took sufficient measures to comply with cybersecurity-related laws and industry practices.

Ethical Obligations for Law Firms: Protecting Client Data and Maintaining Confidentiality

State boards are responsible for regulating the conduct of lawyers and law firms.  To do this, state boards often issue ethical opinions to guide them on appropriate cybersecurity practices within their law firms.  Specifically, U.S. law firms have to adhere to the ABA’s Model Rules of Professional Conduct.

Model Rule of Professional Conduct 1.4 requires attorneys to make sure that clients are “reasonably informed about the status of the matter” and to “explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

Further, Model Rule of Professional Conduct 1.6 states that lawyers must make “reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”  Comment 8 to Model Rule 1 explains that, in order to maintain the required knowledge and skill, lawyers should stay abreast of all changes “including the benefits and risks associated with relevant technology.”

ABA Formal Opinion 483 on “Lawyers’ Obligations After an Electronic Data Breach or Cyberattack” provides that lawyers have a duty to make “reasonable efforts to avoid data loss or to detect cyber-intrusion” and that an ethical violation may occur if the lawyer does not undertake these steps.

Thus, because law firms often do business with colleagues, opposing counsel, federal agencies, and clients via electronic communications, they have an obligation to ensure that all data is properly stored, secured, and safeguarded

Internal Obligations for Law Firms: Strengthening Cybersecurity from the Inside

Law firms are finding it beneficial to adopt or strengthen their internal practices to strengthen overall cybersecurity.  Examples of supplements to a law firm’s cybersecurity include the following:

  • Cyber insurance

  • Cloud backup

  • Encryption software

  • Reboot and backup policies

  • Strong firewalls

  • Risk assessment and internal controls

  • Robust cybersecurity compliance program

  • Crisis response plan for cyberattacks

  • Reliable antivirus software

  • Strong password combination

  • Strict controls over personnel access to sensitive information

  • Using only secured Wi-Fi

Conclusion

Cybersecurity breaches of a law firm’s sensitive or confidential data can lead to lawsuits, investigations, fines and penalties, and unwanted media attention.  It can not only hurt the law firm’s ability to attract clients in the future but also the reputation of the individual attorneys.

Attorneys implicated in data breaches and other cybersecurity risks undermine the attorney’s duties of competency and confidentiality.

To prevent such disastrous consequences that will follow from these breaches, many law firms follow strict legal, ethical, and internal obligations regarding strong cybersecurity practices.  Obligations such as compliance with industry standards and state laws; ABA ethical rules, and internal best practices within the law firm enable the law firm to mitigate cybersecurity risk.

Oberheiden P.C. © 2021
For more articles on cybersecurity,  visit the NLRCommunications, Media & Internet section.

Top Legal Industry News June 2021: Attorney Hiring, Law Firm Pro Bono Recognition & Legal Industry Innovation

We’re back with another edition of our legal industry news roundup. Read on for the latest news on law firm attorney moves, pro bono work and recognition, innovation and inclusion.

Law Firm Moves

Rick Pearl rejoined Faegre Drinker Biddle & Reath LLP as a partner in the Benefits and Executive Compensation practice group at the Chicago office. Mr. Pearl is a nationally recognized authority on the Employee Retirement Income Security Act of 1974 (ERISA) and employee stock ownership plan (ESOP) matters. Mr. Pearl is a member of the ESOP Association’s Public Policy Council and Valuation Advisory Committee. Mr. Pearl previously worked for Drinker, Biddle & Reath from 2016-2018.

“Rick is a trusted adviser with a successful track record in high-stakes ERISA and ESOP litigation. His experience working with businesses across industries on ESOP matters will be a great value to our clients as we guide them through complex ERISA and valuation issues,” said Jeremy M. Pelphrey and Philip J. Gutwein of Faegre Drinker.

Kevin Halloran joined Quarles & Brady’s  Indianapolis office as partner in the firm’s Business Law Practice Group focusing on transactional taxation, specifically mergers and acquisitions. Mr. Halloran additionally provides analysis, financial and tax modeling, and advice on deal structuring for both financial and strategic acquirers and has extensive experience structuring stock and asset acquisitions, corporate mergers, reorganizations and dispositions.

“We are excited for Kevin to join our Indianapolis office and to make an immediate contribution to the firm and our clients,” said Joel Tragesser, Indianapolis office managing partner. “Kevin brings extensive experience in handling tax aspects of M&A deals and deal structuring for corporate clients.”

Venable LLP added  Thomas E. Perez as a Partner in its Washington, DC office. Previously, Mr. Perez was the chair of the Democratic National Committee (DNC), the secretary of labor, and assistant attorney general for civil rights under President Obama.

“Tom is extremely well respected nationwide for his deep knowledge and successful track record on public policy issues at every level of government. He has served as a trusted advisor to many of our country’s leaders and been at the center of issues impacting American businesses and their employees. I am confident that our clients will benefit from his experience and counsel,” said Stu Ignis, Venable LLP’s Chairman.

Stroock added White Collar/Securities Litigation partners in its Litigation and  Government Affairs and Regulatory Services (GARS) practice.  SEC enforcement lawyer Richard Morvillo joined Strook in Washington, D.C., while partners Scott Morvillo, and Ellen Murphy will be based in New York.  Each new partner draws on experience before government agencies, lawmakers and regulatory bodies to counsel clients on complex civil and criminal investigations.

“Our clients will benefit greatly from the collective experience of Richard, Scott and Ellen with white collar cases, and particularly their work with securities and the financial services industry,” said Firm Co-Managing Partner Alan Klinger, who heads the GARS practice. “Their move deepens our securities, white collar and traditional litigation bench.”

Mr. Morvillo will lead Stroock’s White Collar & Investigations practice. A former branch chief with the SEC’s Division of Enforcement, he is a nationally recognized authority in SEC enforcement and other white collar matters. Mr. Morvillo has been a part of several high-profile cases, including securities matters involving Enron, Dick’s Sporting Goods, Liberty Media, Capital One and Prestige Brands.

Scott Morvillo, a former Assistant United States Attorney for the Eastern District of New York, regularly represents clients before district courts and regulatory bodies, focusing on matters involving securities fraud, public corruption, bank fraud, bribery, wire and mail fraud, accounting fraud, health care fraud, insurance fraud and violations of the Foreign Corrupt Practices Act.

Ms. Murphy’s practice centers on advising financial institutions, public and private companies, boards and executives in a variety of regulatory, criminal, internal and civil investigations and litigations, including extensive experience with both civil and criminal trials as well as mediations and arbitrations.

Amelie Metivier joined Stikeman Elliott as a partner in the Corporate group of the Montreal office. Ms. Metivier regularly acts for companies, underwriters, and investors in a variety of corporate law matters and advises on disclosure obligations, corporate governance matters, and other securities law issues.

“Amelie is highly regarded for her outstanding track record of bringing exceptional expertise and value to clients on significant domestic and cross-border transactions. Her addition to the team will provide even greater depth to our strong corporate practice,” said Warren Katz, Stikeman Elliott’s Managing Partner.

Law Firm Pro Bono Work & Civil Justice Recognition

The Arent Fox Center for Racial Equality and Howard University School of Law’s Thurgood Marshall Civil Rights Center announced the production of policy recommendations and research papers to address institutionalized racism in the United States. Howard Law School Professors and Arent Fox attorneys will work together to identify, research and present policy analysis and research projects on systemic racism and racial injustice.

“We are immensely proud to be partnering with Arent Fox. Through this initiative, we will be able to create a nationally recognized partnership that brings important research and thought leadership to initiatives that can support our goal of moving this country closer to racial equality,” said Professor Justin Hansford of Howard Law School.

Their first joint project will be the Mike Brown Project, which aims to help pass legislation to provide mental health services to families and communities affected by police violence.

“As the former Chair of Arent Fox, one of the initiatives I am most proud of is the founding of the Arent Fox Center for Racial Equality. In a time when our country was under tremendous stress from the global pandemic and protests sparked by systemic inequalities, our firm collectively responded in a meaningful way. This partnership with Howard Law is a key part of the work we are doing and will help address issues surrounding racial injustice,” stated Mark A. Katz of Arent Fox.

DLA Piper received a 2021 Beacon of Justice Award from National Legal Aid & Defender Association. This year’s award honors law firms whose pro bono work has helped to address racial disparities in 2020, regarding civil rights and other issues that have racial significance. The National Legal Aid & Defender Association recognized DLA Piper for their racial justice work and for their efforts with Compassionate Release Clearinghouse to assist incarcerated individuals with serious medical conditions during the pandemic.

“We are proud of our efforts to advance racial justice through our compassionate release pro bono work,” said Lisa Dewey, a pro bono partner at DLA Piper. “Assisting elderly, terminally ill, high-risk prisoners by providing them with representation and advocacy, and ultimately helping many of them obtain compassionate release, is rewarding and crucial work, and we look forward to continuing to help these vulnerable individuals.”

The National Black Lawyers Top 40 Under 40  included Hunton Andrew Kurth LLP’s Alyson Brown  on its Virginia’s 2021 list. This association celebrates the legal excellence of African American attorneys who demonstrate superior leadership, reputation, influence, and stature in their communities.

Ms. Brown represents employers in all aspects of labor and employment law before federal and state agencies, counsels on compliance with state and federal labor and employment laws, and represents clients in employment based litigation.

Legal Industry Innovation & Law Office Workplace Honors

The Minneapolis Star Tribune named Barnes & Thornburg’s Minneapolis office a Top Workplace. The Star Tribune recognized Barnes & Thornburg for its engaging and fulfilling work culture.

“Our commitment to inclusivity, diversity and supporting our team has remained a priority and has allowed us to maintain our strong workplace culture,” said Connie Lahn, managing partner of Barnes & Thornburg’s Minneapolis office. “We take great pride receiving this recognition again in 2021, especially amid the major changes we have all experienced in the workplace this year.”

Barnes & Thornburg earned the Top Workplace distinction in 2020 and 2009. In 2020, Barnes & Thornburg partnered with local nonprofit All Square to promote diversity, inclusion, and racial justice, awarding the foundation a grant.

Leadership Kalamazoo selected Miller Canfield associate Barbara Moore to participate in its intensive nine-month community leadership development program.

“Barbara is an impressive up-and-coming leader,” said Miller Canfield CEO Megan Norris. “We are tremendously proud of not only her work in the firm, but also her deep commitment to serving the community.”

Ms. Moore is an associate in Miller Canfield’s Employment and Labor Group. She previously worked at the National Housing Law Project and was a legal intern for the Michigan House of Representatives. Ms. Moore is a member of the Board of Directors for Dégagé Ministries, a nonprofit serving people experiencing homelessness.

The New York Law Journal selected IMS Expert Services as a nominee for 13 of its Best Of reader’s favorite categories for 2021. The categories are selected by New York’s attorneys, judges, law firm officers, in-house counsel, and others throughout the U.S. legal industry, and encompass nearly 70 categories overall.

The New York Law Journal nominated IMS Expert Services for the following categories:

  • Best Trial Consulting
  • Best Company for Remote Trial Services
  • Best “Hot Seat” Trial Technicians
  • Best Overall Expert Witness Provider
  • Best Expert Witness Referral Service
  • Best Demonstrative Evidence Provider
  • Best Forensic Experts
  • Best Forensic Accounting Provider
  • Best Corporate Investigations Provider
  • Best End-to-end Litigation Consulting Firm
  • Best Jury Consulting
  • Best Online Jury Research Provider

The winners will be announced in a late September edition of the publication.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLR Law Office Management section.

How Law Firms Can Invest in Employee Wellbeing Through E-Relationship Building

The COVID-19 pandemic highlighted the need for an increased focus on mental health in the legal industry. In a recent webinar from GCC Portfolio, Renee Branson, a principal at RB Consulting and Executive Director at the Sexual Assault Resource Agency, Deborah Knupp, Managing Director at GrowthPlay and Lisa Buchanan, Director of Marketing and Creative Services at GCC Portfolio discussed the importance of mental health and E-relationship building at law firms.

The coronavirus pandemic provided an opportunity to speak about mental health in a way that allowed it to be destigmatized. Many in the industry were experiencing the same feelings of anxiety and depression. As a result, the legal industry recognized mental health was something that needed to be discussed.

To address the issue of mental health in the legal industry, law firms need to understand what the biggest issues are, how to address them, and how to get support from leadership to tackle those issues.

What are the Biggest Mental Health Issues in the Legal Industry?

With many in the legal industry beginning to return to the office, Ms. Branson said she’s seen higher levels of anxiety, guilt, and ambivalence among workers. These feelings manifest in social reluctance among employees, as well as an increased need for remote work flexibilities.

“What we have experienced really is a trauma,” Ms. Branson said. “First of all, frame it for what it is.”

Ms. Knupp said there is a phenomenon called the “shadow pandemic” emerging as a long term effect of the coronavirus pandemic. This shadow pandemic encompasses feelings of mortality, neurological disorders, and other mental health consequences of the COVID-19 pandemic that are expected to last for years.

“We’re going to see a broad expanse of different things,” Ms. Branson said. “For folks who had COVID, we still don’t know the long term neurological and mental health impacts of surviving that illness.”

For those who haven’t experienced COVID-19 firsthand, what the shadow pandemic could reveal are long term feelings of trauma. Ms. Branson said that once the pandemic subsides and people begin to feel a sense of security, they then begin to process the trauma they experienced during lockdown.

“That processing can take a short amount of time, or it can take years,” Ms. Branson said. “The way to keep that from feeling really overwhelming is to not add on really high expectations to yourself and others.”

Investing in mental health education for those in the legal industry is one way to help leadership be better coaches, issue spotters and counsel for their organizations and clients. This involves staying connected with clients to keep mental health issues a top priority. To achieve this, Ms. Branson said she utilizes what she calls a resilience library with six “books” that address mental health issues.

“One of those books is Connection,” she said. “When we feel disconnected from people and feel a lack of belonging and an inability to be authentic to ourselves, whatever burden we’re carrying feels twice as heavy. If they have a connection with someone that they can rely on, it helps ease [that burden].”

The law firms that are the most successful in addressing mental health issues are those that listen and adapt. Even though the coronavirus pandemic was a huge disruption, it also gave law firms the opportunity to adapt and examine their processes in order to better accommodate their employees’ needs.

“It’s really challenging right now because we do have this great ability to connect but also Zoom fatigue is real. We have to find new and different ways to stay connected…[especially] with small groups of folks, whether that’s done virtually or in person,” Ms. Branson said. “It’s about listening and being able to respond when you can.”

How Law Firms Can Connect Through E-Relationship Building

To tackle the issue of mental health during the pandemic, law firms need to be creative and innovative in the ways they reach out to employees. E-relationship building includes team-based activities, events, and communications. Ms. Buchanan said that one of the biggest changes GCC saw in the past year was law firms showing appreciation to their employees by acknowledging their hard work during challenging times.

With many feeling Zoom burnout, electronic and virtual communications are one way law firms are engaging with their employees and showing appreciation. These communications can be as simple as sending individual messages letting employees know they’re appreciated.

“It can be so impactful for a firm to say ‘thank you’ because we’re all having a rough time,” Ms. Buchanan said. “Little things can be so impactful… and make a huge difference in somebody’s life.”

Ms. Buchanan said the pandemic affected the way firms think in terms of focusing on small gestures instead of bigger initiatives. Investing in ways to give employees appreciation shows that the firm is focused on their wellbeing.

“I’m just blown away by the fact that our firms are so forward in being part of [mental health],” she said. “The law industry seems to be taking it and moving forward.”

How to Start Mental Health Initiatives at Law Firms

Even if employee mental health and wellbeing is top of mind for law firms, it can be a challenge to get leadership on board. One way to stress the importance of mental health initiatives is to highlight the impact poor mental health can have on productivity.

“Either spend a certain amount of time addressing feelings and mental health, or we’re going to spend a lot of time [addressing] inefficiencies and lack of productivity,” Ms. Branson said, quoting author and researcher Brené Brown. “These things really do have bottom line impacts.”

Ignoring mental health issues impacts both client relationships and a law firm’s finances. To deal with issues of decreased productivity, firms should focus on innovative ways to communicate with employees. Ms. Buchanan said firms who used GCC for holiday cards get input back from employees.

“Letting the firms be creative in the way that they want to portray who they are is the first thing,” Ms. Buchanan said. “It’s also a connection and letting their clients and people know ‘we see you.’ Just little touch points are really important.”

What Can Law Firms Do to Focus on Mental Health Moving Forward?

The coronavirus pandemic offered an opportunity for law firms to put an increased focus on mental health. Acknowledgement, education, acceptance, and understanding of mental health issues validates those who are struggling, and helps remove the stigma. By acknowledging mental health, firms will help improve their bottom line while also investing in their employees’ wellbeing.

“It starts at the top,” Ms. Buchanan said. “If you’ve got a leader in the firm that gets [mental health], you’ve got so many options.”

For law firms looking to prioritize their employees’ mental health, focusing on E-relationship building is a good place to start. With many firms still working remotely, Ms. Knupp emphasized that there hasn’t been a better time to reach out to employees and start an initiative.

“This is the time to let people know that you see them,” she said. “No matter what you do, be a kind human to humankind.”

Watch the full webinar here: GCC Presents Mental Health & E-Relationship Building

Copyright ©2021 National Law Forum, LLC
ARTICLE BY Rachel Popa of The National Law Review / The National Law Forum LLC
For more articles on the legal industry, visit the NLR Law Office Management section.

8 African American Attorneys Who Shaped the Nation

In honor of Juneteenth, we want to recognize a few African American attorneys who helped shape the legal space. Since the founding of our nation more than 240 years ago, African Americans have experienced, bore witness to, suffered, and ultimately confronted the systemic racial discrimination present in virtually all aspects of everyday life. Although one would hope the legal profession, based on fundamental ideas of equality and due process, would be mostly immune from such a tarnished reputation, reality failed to meet the rhetorical standard set by the ideals of the law.

Here are eight African American attorneys who pioneered the way for generations of legal scholars by challenging the preconceived bias and bigotry of an entire nation:

  • Macon Bolling Allen
  • Charlotte E. Ray
  • James Weldon Johnson
  • Charles H. Houston
  • Thurgood Marshall
  • Jane Bolin
  • Constance Baker Motley
  • Fred Gray

1. Macon Bolling Allen (1816-1894)

 

 

Considered to be both the first African American attorney to practice law in the United States and to hold a judicial position, Macon Bolling Allen broke numerous barriers. He passed the Maine bar exam in 1844, but racial prejudice in Boston kept him from making a living as a lawyer, so instead, he embraced a rigorous qualifying exam and became Justice of the Peace of Middlesex County, Massachusetts in 1848. In doing so, Allen became the first African American in the United States to hold a judicial position, despite not being considered a U.S. citizen under the Constitution at the time.

2. Charlotte E. Ray (1850-1911)

 

 

Charlotte E. Ray was the first black female lawyer in the United States. She studied at the Institution for the Education of Colored Youth in Washington, D.C., and went on to teach and study law at Howard University. Upon admission to the District of Columbia bar in 1872, Ray became not only the first woman admitted to practice in the District of Columbia but also the first black woman licensed to practice law in the United States.

Unfortunately, Charlotte Ray’s career was cut short due to racial prejudice. She opened a law office in the nation’s capital but was unable to obtain enough clients to sustain her practice. She ultimately returned to New York City to teach in the public school system.

3. James Weldon Johnson (1871-1938)

 

 

Best known for his role in the creation of the Harlem Renaissance, James Weldon Johnson was not just an attorney; he was also an early civil rights activist and a leader of the NAACP.  After founding a newspaper called The Daily American, Johnson became the first African American attorney to pass the Bar in the state of Florida. He was also a noted author; his published works include The Autobiography of an Ex-Colored Man (1912) and God’s Trombones (1927).

4. Charles H. Houston (1895-1950)

 

 

Charles H. Houston served as the Harvard Law Review’s first African-American editor, the vice dean of Howard University’s law school, and head of the NAACP’s legal fight against “separate but equal” schools, culminating to the landmark Supreme Court decision in Brown v. Board of Education.

During his time at the NAACP, Houston accumulated legal precedents against the “separate but equal” doctrine, specifically in cases related to education for African Americans. Arguably his most significant victory came in 1938 when the Supreme Court ruled in Missouri ex rel. Gaines v. Canada that it was unconstitutional to give African-American students funds to attend an out-of-state law school instead of offering them admission to the only law school in the state. He was widely known as the mentor of Thurgood Marshall.

5. Thurgood Marshall (1908-1993)

 

 

Thurgood Marshall was the first African American justice of the Supreme Court, serving from 1967-1991. After studying law at Howard University, Marshall went on to serve as counsel to the NAACP. In 1954, he won the seminal case of Brown v. Board of Education, which signaled the end of racial segregation in American public schools.

In 1967, President Lyndon Johnson nominated Marshall to serve on the United States Supreme Court. Initially, the makeup of the court allowed Marshall to be an influential liberal voice on landmark cases including Roe v. Wade and Furman v. Georgia. However, as Republican presidents appointed eight consecutive conservative justices, the court took on a decidedly different tone, and Marshall’s later tenure was defined more by his dissents defending the liberal principles that had since been overturned.

6. Jane Bolin (1908-2007)

 

 

The first African American female judge in the United States, Jane Bolin earned her J.D. degree at the Yale Law School in 1931, where she was also the first African American woman to graduate.

After passing the New York bar exam, New York City Mayor Fiorello LaGuardia appointed Bolin to serve as Judge of the Domestic Relations Court in 1939. During her 40 years on the bench, she achieved two significant civil rights reforms: she oversaw the assignment of probation officers in the court system without regard for race or religion, and she also championed a provision that publicly funded yet privately owned child-care agencies must accept children without regard to racial or ethnic background.

7. Constance Baker Motley (1921-2005)

 

 

Constance Motley was the first African American woman to be appointed as a federal judge. She was the first African American woman to serve as a member of the New York State Senate. Additionally, Motley was the first woman to serve as Manhattan borough president.

Motley was keenly involved in the civil rights movement, once visiting the Rev. Dr. Martin Luther King, Jr. in jail. She also sang freedom songs in churches that had been bombed and spent a night under armed guard with civil rights leader Medgar Evers, who was later murdered.

Her legal contributions cannot be overlooked, as Judge Motley was a force to be reckoned with in the courtroom. Her contributions to the battle to extend civil rights for the disenfranchised is an invaluable chapter of American jurisprudence.

8. Fred Gray (1930-)

 

 

During the Montgomery bus boycott, Fred Gray played a vital role in the successful desegregation of Montgomery buses, both as legal counsel and as a strategist. When Claudette Colvin and Rosa Parks were criminally charged for refusing to give up their seats to white passengers, Gray defended the women in court. He also challenged the constitutionality of Alabama laws mandating segregation on buses in Browder v. Gayle, which was affirmed in 1956 by the United States Supreme Court.

In 1970, Gray went to the Alabama State Legislature to serve as an elected representative from Tuskegee. His election made him one of the first two African American public officials to serve in the legislature since the Reconstruction era. President Jimmy Carter nominated Gray to the U.S. District Court for the Middle District of Alabama in 1979, but Gray was forced to withdraw his name from consideration in light of massive opposition from conservative political foes.

Conclusion

For all its specifications about the provision of equality, the American legal system must be examined for the various instances in which it has failed to follow through on those promises to its African American citizens. Since colonial times, African Americans have comprised the backbone of a country that was founded on principles of liberty from which they were expressly excluded for far too long.

This Juneteenth, we acknowledge a fraction of the African American attorneys whose trailblazing careers shaped the American legal system, gearing it towards bridging the gap between its inequitable promises of liberty and their actual application to all Americans, regardless of the color of their skin. These men and women, in their perseverance and commitment to upholding the law, have challenged biases, discrimination, and imbalance of opportunity to secure the American promises of liberty and justice–for all.

© Copyright 2021 PracticePanther
ARTICLE BY Practice Panther
For more articles on the legal industry, visit the NLRLitigation / Trial Practice section.

Top Legal Industry News for June 2021: Law Firm Hires, Pro-Bono, & Innovation

Summer is upon us and we’re back with another edition of the National Law Review’s legal industry news column. This week, we cover the latest law firm hiring, pro bono, and legal award recognition news. Read on for the latest updates:

Law Firm Hires & Moves

The Young Lawyers’ Section (YLS) of the Chicago Bar Association named Clifford Law Offices’ Tracy Brammeier as its next chair as well as an executive council at the YLS Annual Meeting held June 2, 2021.

Ms. Brammeier’s practice focuses on aviation, transportation, premises, and construction liability in addition to other areas of personal injury and wrongful death litigation. She also participated in the YLS Wills for Heroes project.

“For the last year, we have all worked to stay in touch with clients and colleagues, trying to adapt as we lost access to in-person meetings, hearings, and events,” said Ms. Brammeier. “As we figure out our ‘new normal’ in a post-COVID world, the YLS is more essential to its members than ever before by providing a consistent space for legal education and social engagement to sustain the community environment that is so important to our professional success and personal fulfillment.”

Steven M. Regan joined Steptoe & Johnson’s Business Department in its Pittsburgh office. Mr. Regan’s practice focuses on real estate, real estate development, and corporate transactions. Mr. Regan represents real estate investors in structuring real estate investments and executing acquisition and financing of projects in all asset classes.

“I am excited to welcome Steve to Steptoe & Johnson PLLC. He will be an asset to both our real estate and transactional teams,” said firm CEO Christopher L. Slaughter. “Veteran attorneys like Steve who know how to get positive results and build lasting relationships are a crucial part of our long-term effort to expand services to new and existing clients in the Pittsburgh market.”

Norris McLaughlin law firm hired new attorneys to join the Pennsylvania office’s litigation practice, as well as the addition of one summer associate. The new hires include:

  • Thomas H. Dinkelacker concentrates on municipal, land use, and real estate law and represents clients before zoning hearing boards, code appeal boards, governing bodies, and various Pennsylvania Courts.
  • Rebecca J. Grausam-Charamella focuses on complex litigation matters and represents a multitude of clients at jury trials, hearings, mediations, and arbitrations. She also served as a trial attorney for State Farm Insurance Company for eight years.
  • Andrew J. Shaw concentrates his practice on commercial litigation, and has a wide range of experience through all phases of litigation in both state and federal courts.
  • William R. Murphy III defends individuals involved in civil litigation for general liability matters. He also represents insurance carriers, and he has experience in insurance fraud and automobile accidents.
  • Rocco Beltrami will temporarily join as a summer associate to assist the attorneys while he is in law school at Villanova Charles Widger School of Law.

“We are excited to be growing in a way where we are continuously adding exceptional talent to our roster of great attorneys here at Norris McLaughlin,” said the Honorable Emil Giordano (Ret.), a member of the firm and co-chair of its Litigation Practice Group.

Manatt, Phelps and Phillips, LLP law firm announced the addition of Naeun Rim to their Los Angeles firm as a litigation partner. Ms. Rim represents clients at the intersection of civil litigation and white-collar defense matters across the health care, financial services, entertainment and technology industries.

Ms. Rim is also one of a few Asian American women to serve as trial counsel for a Fortune 150 company in one of California’s biggest environmental trials.

“Naeun will be a strong asset to what our clients view as a well-established litigation powerhouse,” Donna L. Wilson, Manatt’s CEO and managing partner said in the announcement.

Democracy Forward named lawyer Skye Perryman as its new President and Chief Executive Officer.  Ms. Perryman is a founding litigator of the organization. As president and CEO, Ms. Perryman will focus on confronting unlawful threats to democracy and social progress. She succeeds Anne Harkavy, the organization’s founding executive director.

“As we continue to see the basic values of our democracy under attack, Skye Perryman is the right leader at the right time for Democracy Forward,” said Marc Elias, head of the Political Law practice at Perkins Coie and chair of the board of Democracy Forward. “She is a successful litigator, effective strategist, and a coalition builder who is committed to taking on critical fights to advance social progress and democratic values. We are all thrilled to welcome Skye back to Democracy Forward to lead its next phase at a time when the stakes for our nation’s future could not be higher.”

Ms. Perryman most recently served as Chief Legal Officer and General Counsel of the American College of Obstetricians and Gynecologists, where she worked to enhance access and equity in women’s health care.

“We must use all tools at our disposal to fight for the promise of democracy at this crucial moment. It is an honor to be rejoining the team at Democracy Forward as we expand the scope and reach of our work.” said Ms. Perryman.

Law Firm Philanthropy and Pro Bono

Jackson Lewis P.C. partnered with The Association of Corporate Counsel’s Employment and Labor Law Network (ACC) to develop “RACE Talks: Realign Act Change Engage,”  a racial equity program that focuses on individual transformation and change to create a more racially just workplace and society. The RACE Talks program highlighted specific actions to advance social justice in society, and included podcasts, videos and articles.

Jackson Lewis’ Samia M. Kirmani led workplace bias sessions and facilitated live discussions with Michael D. Thomas and Tanya A. Bovée. Weldon H. Latham also added to the discussions.

“We were thrilled that ACC asked Jackson Lewis to create a program designed to advance racial justice,” said Ms. Bovée. “2020 was a racial awakening for many, and this was the perfect opportunity to focus on how individuals can transform and bring about positive change. We created this program with the goal that participants would step outside of their comfort zone, disrupt their own status quo, and think differently about race and the concept of bias.”

North Carolina’s Pro Bono Resource Center inducted four Ward and Smith law firm attorneys into the 2020 North Carolina Pro Bono Honor Society. Despite the challenges 2020 brought, Mary Cavanaugh, Chris Edwards, Paul Fanning and Lance Martin participated in a wide range of pro bono activities across the state.

“Many North Carolina attorneys recognized the needs brought about by COVID-19 and provided pro bono legal services to help ensure that ‘justice shall be administered without favor, denial, or delay,’ as is mandated by our state’s Constitution,” said North Carolina Supreme Court Chief Justice Paul Newby in the announcement.

Frost Brown Todd (FBT) is celebrating Juneteenth this year by providing the entirety of the ParentPreneur Foundation’s $10,000 Father’s Day grant awards, where ten dads of color will receive $1,000 a piece for their start-up businesses.

The ParentPreneur Foundation provides opportunities for black entrepreneurs who are in the start-up business to get a leg up and get started and strives to empower these parents to leave a good legacy for their children.

“The world of start-ups is a challenge no matter who you are, but that is especially true of Black entrepreneurs,” said Terrence Reeves, chair of FBT’s Venture Capital industry team. “Funding this grant is another example of how Frost Brown Todd’s venture capital services go beyond just providing legal support. Being part of this project at a time when the U.S. is celebrating Juneteenth makes it all that more special. We look forward to seeing the impact this grant program will make on the lives and livelihoods of the recipients.”

Legal Industry Awards & Recognition

The Globe and Mail named McCarthy Tétrault as a recipient of its first Report on Business Top 25 Best B2B Brands award. McCarthy Tétrault earned the top honor in the legal category out of 11 law firms.

The Best B2B Brands is a new research initiative from the Globe and Mail’s Report on Business Magazine with Ipsos. The list is based on 42 different evaluations related to culture, innovation and other initiatives from 406 Canadian executives who were surveyed in January and February of this year.

“This acknowledgement is a true testament to our firm’s core values of investing in our people, our clients and our communities,” said Dave Leonard, CEO at McCarthy Tétrault. “Our top priority has always been our clients’ sustained success, and we recognize that the best way to achieve this is to support a collaborative, inclusive and innovative culture that evolves with the pace of business.”

For the third year in a row, the Legal 500 United States 2021 ranked MoginRubin in the category of Antitrust and Civil Litigation/Class Actions: Plaintiff. The Legal 500 ranks practice areas nationally instead of by state.

The Legal 500 recognized the following MoginRubin attorneys:

Greenberg Traurig law firm received the Morgan Stanley Leadership in Excellence in Inclusion and Diversity award.  Bradford D. Kaufman, Greenberg Traurig co-president and the global chairman of Professional Development and Integration, accepted the award on behalf of the firm.

Greenberg Traurig invested $5 million over five years to address systemic racism and launched a Justice Action Initiative to target pro bono work in the areas of economic, social, and racial justice. The firm also joined in creating the Law Firm Anti-Racism Alliance.

“No company operates without the support of clients or customers. Leadership involves service and most professionals feel they have a responsibility to give back. Moving a diversity initiative from paper to impact takes intention,” Mr. Kaufman said. “I have had the privilege to represent Morgan Stanley during the past 35 years and therefore know the depth of its commitment to inclusion and diversity and it is truly inspirational.”

Chambers USA recognized Bracewell law firm in its 2021 rankings, giving the firm a Nationwide Band 1 ranking in Oil & Gas (Regulatory & Litigation) for the seventh consecutive year. Bracewell also ranked as a Band 1 firm in the Texas: Environment category for the fifth consecutive year.

Overall, Bracewell ranked with 89 other firms for excellence in representing clients in the real estate, technology, energy and infrastructure sectors. Additionally, Chambers ranked 50 percent of Bracewell’s partners as leaders in their practice areas.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.

Lending Options for Law Firms Even More Relevant During a Crisis: A Q&A with Esquire Bank’s Ari Kornhaber

Plaintiffs’ law firms take cases on a contingency basis and frequently face defendants with deep pockets who can afford to wait their cases out. The COVID-19 crisis has added even more uncertainty to the litigation process and cash flow for law firms.

Large amounts, often in the hundreds of thousands of dollars can come due for plaintiffs’ law firms incurring expenses during drawn-out cases, especially for cases with multiple plaintiffs and cases where expert testimony is required.

For contingency cases, the large sums of law firm capital that are tied up in case costs for many years can limit law firms’ ability to utilize that capital for business expansion or to invest in other fee-generating cases.

Unlike traditional businesses, law firms cannot simply raise capital for operating expenses. Current legal ethics rules prohibit non-attorneys from taking ownership interests in law firms, which eliminates the use of securities as a funding option and while attorneys can borrow funds, it often must be from a non-traditional lender because a potential litigation victory generally falls outside the scope of what is considered acceptable collateral.

This often leads law firm management to pursue alternative lending options from non-traditional lenders like litigation financers or specialty lenders, who emphasize their core differentiator is that they can use a law firm’s case inventory as collateral – however, this often comes with a less-competitive interest rate than traditional banks.

Ari Kornhaber, Esq., Founder, Executive Vice President and Head of Corporate Development at Esquire Bank provides insight on financing options for plaintiffs’ firms and how to ensure your law firm approaches it the right way.

NLR: How have you seen contingency fee law firms maintain their businesses throughout the pandemic?

Kornhaber: The pandemic has forced many trial lawyers to take an honest look at themselves and often rethink their business models. Decisions that made sense pre-pandemic may not make sense now, especially in today’s low-interest-rate environment. As a result, contingency fee law firms are examining whether their current approach to law firm capitalization makes sense. Many lawyers that I speak to are taking a more proactive approach to how they run their business.

NLR: As we emerge from the pandemic, what are plaintiff’s firms worrying about most?

Kornhaber: Now more than ever, lawyers who run contingency fee law firms are concerned about the future. There is a general feeling out there that their businesses haven’t fully felt the effects of the pandemic yet, due to the nature of the business. Cases that are signed up today won’t generate revenue for months or years. The decline in intakes months ago, won’t truly be felt for months, a year, or more. This has self-financed law firms particularly concerned, as their nature is to be debt-adverse. For these self-financed firms, the combination of intakes being down and cases taking longer to settle means they will have to dig deeper into their own pockets. Meanwhile, other law firms with access to capital are using this time to move their businesses forward by investing in new legal technology, infrastructure, and talent.

NLR: What are some key takeaways self-financed law firms should know about their borrowing options?

Kornhaber: The current economy has created a low-interest-rate environment. Going to your bank and asking them what they can do for you is the first thing self-financed firms should do. It is important to note that banks covet law firms as customers because they come with low-cost deposits. Also, trial law is an industry that is classified as ‘recession proof’. Banks and lenders are trying to put their best foot forward for new law firm clients – so there is no better time than right now to speak to a bank to see how they can help.

The catch, however, with speaking to a traditional bank is that they rarely use the value of your case inventory as collateral for lending purposes. This means they will look at your previous financial performance to come up with how much they can lend you – ignoring the revenue your law firm will generate via the cases that are in your inventory today and tomorrow. The final amount of credit offered is often not enough for many lawyers.

NLR: What about specialty litigation finance companies?

Kornhaber: Specialty finance companies play an important role in the equation, as they can often lend to law firms that the traditional banks often ignore. Specialty legal finance companies are more likely to take on these ‘riskier’ clients, but usually at much higher interest rates and fees as compared to banks to compensate for the additional risk.

Higher risk law firm clients frequently have exhausted their options with the ‘mega banks’ and are struggling to fit into the box suited for other types of businesses. A next step after traditional lenders is law firms often speak with finance companies and lawyers are often surprised at the interest rates, fees, and terms they are offered. Often by the time they get to a lender like Esquire Bank, the first question that’s asked out of exhaustion and frustration is – what kind of interest rate can you give me? Although our interest rates are some of the lowest in the industry, there’s a lot more to the conversation. There is real value to working with a financial business partner that has a deep understanding of the business of law and the unique financial challenges faced by contingency fee law firms.

NLR: What factors should be considered when assessing case-cost financing?

Kornhaber: First, project your firm’s cash flow for the next 12, 24, and 36 months. Take into consideration the reduction of new case intakes and possible court delays to figure out what your financial position is going to look like over the next few years. Ask yourself what you need to survive, then what you need to thrive and invest during a ‘down market’ to come out on top. Being realistic is extremely important.

Understand how much money you have out on the street today in your case costs, then figure out how much more money you’ll need to spend on case costs over the next 12 months. This helps you to understand what you will need to commit from your self-financed ‘piggy bank’ to continue your winning record for your clients.

Then, figure out what your average balances are in your depository accounts. If you take this information to your lender, they may try to help you in a meaningful way, especially if you’ve been with them for many years.

Finally, ask yourself if you really need to pay for your clients’ case costs using your firms’ after-tax dollars and whether you could instead, use that money more effectively in other activities that will help your law firm grow. Law firms that leverage case-cost financing often report that they achieve better results for their clients because they have the financial backing to go toe-to-toe with their deep-pocketed adversaries without having to think twice about bringing in the best, most expensive experts. That leads to the greatest results and ultimately justice and maximum compensation for their clients.

  • Ari Kornhaber is the Executive Vice President & Head of Corporate Development at Esquire Bank. Join Ari and a panel of experts at Esquire’s upcoming complimentary webinar, ‘Bold Moves: Growing your Contingency Fee Law Firm Post-Pandemic’ on June 15: Save your spot.

Copyright ©2021 National Law Forum, LLC

ARTICLE BY Tracey Goldvarg of The National Law Review / The National Law Forum LLC
For more articles on plaintiff firm financing, visit the NLR Law Office Management section.

May 2021 Legal Industry News Highlights: Attorney Moves, Law Firm Pro Bono Work & Innovation

We’ve returned with another edition of our legal industry news column for May. Read on for the latest news on attorney promotions, law firm recognition, pro bono work and legal technology and innovation:

Attorney Promotions & Moves

The International Financial Law Review (IFLR) recognized Blakes’ law firm partners Pamela Huff and Catherine Doyle as IFLR1000 Woman Leaders for the quality of their advice and the consistent recommendations of their clients and peers.

Ms. Huff is the head of the Blakes Restructuring & Insolvency group and advises on Canadian business law. Ms. Doyle is a leading member of Blakes’ Project & Financial Services group. Ms. Doyle has been a part of some of the most impactful infrastructure deals in Canada.

Jamie M. Ramsey joined Frost Brown Todd as the newest litigation member of the Cincinnati, Ohio office. Mr. Ramsey’s litigation experience includes breach of contract claims and trademark infringement to class action litigation. Mr. Ramsey also has experience helping clients navigate the legal framework impacting the collection, use, and protection of personal information.

“Jamie’s work with everyone from start-ups to Fortune 500 companies will provide our clients additional insight into how to manage risks to both their operations and reputations,” said Cincinnati Member-in-Charge Chris Habel. “He represents companies in both Ohio and Kentucky, and we couldn’t be more excited to have him in our Cincinnati office.”

Marjorie J. Peerce, managing partner of Ballard Spahr’s New York Office, is the new Vice President of the New York City Bar Association (NYCBA). Ms. Peerce served as Chair of the NYCBA Board of Directors since May 2020. She also formerly served as Chair of the NYCBA’s Criminal Law Committee and served on the Mass Incarceration Task Force. The NYCBA, founded in 1870, works to maintain the high ethical standards of the legal profession and includes over 150 committees.

Ms. Peerce is a founder and leader of Ballard Spahr’s Blockchain Technology and Cryptocurrency team, and handles high profile civil and criminal matters in state and federal courts in New York and around the US.

Adrian Cyhan joined Stubbs, Alderton and Markiles, LLP as a partner in the firm’s Intellectual Property & Technology Transactions practice. Mr. Cyhan is a patent attorney who focuses on identifying, protecting and leveraging intellectual property assets and providing related counsel and advice.

Mr. Cyhan manages intellectual property portfolios and handles intellectual property-related transactions such as joint ventures, acquisitions, and divestitures.

“I’ve known Adrian for several years and I’m thrilled we will be working together. He’s an exceptional attorney and a creative thinker. Bringing Adrian on-board reflects SA&M’s commitment to expanding our premier IP and technology law practice,” said Kevin D. DeBré, the Stubbs, Alderton and Markiles’ IP & Technology Transactions practice chair.

Law Firm Pro Bono & Philanthropy

Bradley Arant Boult Cummings LLP attorneys Corby C. Anderson, Matthew S. DeAntonio, Erin Jane Illman, and Jonathan E. Schulz joined the 2020 class of the North Carolina Pro Bono Honor Society. The attorneys each provided more than 50 hours of pro bono legal services in 2020 to North Carolinians in need.

“Our Charlotte attorneys continue to go above and beyond to provide equal access to justice for all,” said Bradley Pro Bono Counsel Tiffany Graves. “We are very proud of their commitment to the community and their well-earned recognition by the North Carolina Pro Bono Honor Society.”

Bradley Arant Boult Cummings attorneys work with the Safe Alliance’s Victim Assistance/Legal Representation Program to help victims of domestic violence and the Charlotte Center for Legal Advocacy, which helps low income residents of the Charlotte metropolitan area and west-central North Carolina.

The North Carolina Pro Bono Honor Society is administered by the North Carolina Pro Bono Resource Center, which launched in 2016.

The American Bar Association (ABA) Standing Committee on Pro Bono and Public Service selected Sheppard, Mullin, Richter & Hampton as an individual recipient of its 2021 Pro Bono Publico Awards. The awards are scheduled to be presented on the opening day of the 2021 ABA Annual Meeting, which runs through Aug. 10.

The Committee selected Sheppard Mullin for its actions following the death of George Floyd. The firm launched the Active Bystandership for Law Enforcement (ABLE) project with Georgetown Law’s Innovative Policing Program, which came from an initiative to teach officers to become active bystanders and prevent misconduct in the New Orleans Police Department.

The initiative led to Sheppard Mullin successfully litigating cases in California to obtain disclosure of records of police misconduct, as well as executing a plan to manufacture and secure face shields for frontline workers in Los Angeles.

The Committee also selected Cynthia Chandler, the director of Bay Area Legal Incubator, Oakland, California, TerryAnn Howell of Nelson Mullins in Miami, Neal Manne of Susman Godfrey LLP in Houston and Rebecca Rapp of the Ascendium Education Group in Madison, Wisconsin as recipients of the 2021 Pro Bono Publico Awards.

Ms. Chandler grew the Bay Area Legal Incubator with the Alameda County Bar Association and Legal Access Alameda to help coach diverse attorneys on how to build successful, affordable law practices serving low and middle-income clients throughout California.

Ms. Howell helped launch a COVID-19 Small Business and Nonprofit Clinic with Legal Services of Greater Miami at Nelson Mullins through Lawyers for Good Government. She also volunteers alongside other Nelson Mullins attorneys at the Tenants’ Equal Justice Clinic (TEJC), a project of Legal Services of Greater Miami.

Mr. Manne dedicated 40 years of his career to high-impact pro bono work. His accomplishments include being recognized by the American College of Trial Lawyers for his pro bono work, as well as being named Attorney of the Year by Texas Lawyer. Most recently, Mr. Manne helped reform Houston’s money bail system and represented two death row exonerees.

Ms. Rapp helps increase access to areas dubbed as “legal deserts” due to a shortage of attorneys, including a project to provide legal help to technical colleges around Wisconsin. She also assists clients at legal clinics and serves on the boards and committees of several access-to-justice organizations. Ms. Rapp also testified before the Wisconsin Supreme Court on removing limitations on pro bono services.

Legal Aid Service of Broward County (LAS) and Coast to Coast Legal Aid of South Florida (CCLA) announced the recipients of their 2021 Annual Recognition Awards.

LAS and CCLA presented the awards in a series of live presentations via Facebook Live May 4–7, 2021.

The 2021 recipients include:

●               Lauren Alperstein, Esq., of Boies Schiller Flexner LLP received the Attorney of the Year Award.

●                Van Horn Law Group received the Law Firm of the Year award.

●               Ofer Shmucher, Esq. and Shera Anderson, Esq. of Shmucher Law, PL received the Spirit of Justice Award.

●               Theresa Edwards, Esq., of American Justice, P.A. received the Commitment to Justice Award.

●                Anthony J. Karrat, Esq., Executive Director of Legal Aid Service of Broward County received the Russell E. Carlisle Advocacy Award.

●               Edwin Cordova, Esq., Supervising Attorney of the Housing Unit at Legal Aid Service of Broward County received the Jacquelyn and Bruce Rogow Employee of the Year Award.

Law Firm Innovation & Technology

Winstead law firm partnered with Texas Health Catalyst at Dell Medical School at The University of Texas at Austin to support entrepreneurs who are in the early stages of developing healthcare technology products.

Winstead provides entrepreneurs with resources on legal matters such as entity formation, licensing from universities, IP strategy, funding, lease agreements, OSHA, privacy/global agreements, as well as educational programming and opportunities to meet and network with other startup professionals.

“Winstead is committed to moving healthcare technology and the latest innovations in the life sciences industry forward,” said Winstead Shareholder Lekha Gopalakrishnan. “Our collaboration with Texas Health Catalyst is intended to advance their mission of addressing unmet needs in healthcare through technology innovation.”

Davidoff Hutcher & Citron LLP (DHC), a New York-based commercial law and government relations firm, formed their Cannabis Practice Group to help clients navigate regulations around adult recreational marijuana in New York State. DHC’s Cannabis Practice Group builds upon DHC’s decades of experience in highly regulated and similar industries, such as New York’s wine, liquor and packaged goods industries.

“The Office of Cannabis Management will be implementing laws and regulations governing the growing and evolving cannabis industry in New York. They will be similar to those that govern entities regulated by the State Liquor Authority, and both will exist under a tiered system,” said Steve Malito, Chair of the Cannabis Practice Group. “Davidoff Hutcher & Citron is uniquely qualified to advise our clients in the cannabis space as they navigate the complexities of these regulations.”

In line with recent Environmental, Social and Governance (ESG) efforts nationwide, Schiff Hardin announced the formation of their new ESG Team to help companies develop programs and company disclosures that incorporate the many ESG principles. Amy Antoniolli leads the team along with key members Sarah Fitts, Jane Montgomery, and Katherine Walton.

“Stakeholders have made clear that corporate responsibility is not just a fad or a slogan, and industry is responding as quickly as possible,” said Ms. Antoniolli. “Schiff has seen ESG quickly become an integral part of a company’s reporting and a significant factor in successful business deals. With stakes this high, companies have the opportunity to meet ESG metrics that protect their bottom line and their reputation.”

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