Category: Law Office Management

The Top 7 Benefits of Being a Lawyer

Lawyers often are the punchline of many jokes; however, being a lawyer has its benefits.  It takes years of hard work and intensive study to become a lawyer; therefore, very few people would choose this career if there were not several excellent benefits of being a lawyer. For those who work hard, the rewards of being an attorney outweigh the cost of achieving your law degree and license to practice law.

The benefits of being a lawyer depend on several factors; however, seven of the most common benefits of being a lawyer include:

Wide Selection of Career Options

The benefits of being a lawyer include being able to select from a wide variety of career options in the public and private sector. If your calling is to make the world a safer place for you, your family, and everyone else, you may choose to become a criminal prosecutor. On the other hand, if you believe our criminal justice system is grounded on the principal that everyone is innocent until proven guilty and everyone has the right to competent legal counsel, you may choose to become a public defender. Of course, some people believe this but choose to be a criminal defense attorney in the private sector because private attorneys tend to earn a great deal more than attorneys in the public sector.

In addition to criminal defense, you may choose from many areas of law including domestic law, real estate, corporate/business law, bankruptcy law, immigration law, or estate planning. If there is a law that covers a particular subject, you can choose to specialize in that specific area. You can also choose to become a sole proprietor who handles several areas of law for many clients or a corporate in-house attorney working for one client.

Financial Rewards and Emotional Rewards

Among the many benefits of being a lawyer, the financial rewards and emotional rewards are at the top of most college-bound students seeking to study law.  Lawyers have the opportunity to earn a lucrative income. The average annual income for an attorney in the United States is $114,970 per year as of 2014 according to the U.S. Bureau of Labor. The highest 10% of attorneys earned more than $187,200 per year. Salaries of experienced, specialized attorneys can be much, much higher depending on the field, geographical location, employer, and level of experience.

Of course, money is not the only reason why people choose the legal field as their career. The emotional rewards of being an attorney can be even more satisfying than the financial rewards. If you are passionate about your chosen field of law and you believe your top priority is your client, assisting people achieve a positive outcome for their problem is extremely satisfying. An attorney usually sees a person during one of the worst moments of their life; therefore, it can be extremely rewarding to help this person find a successful resolution to their problem.

Mental Stimulation and Intellectual Challenges

Another one of the many benefits of being a lawyer is the mental stimulation an attorney experiences when working through complex legal theories, statutes, and case law to find a solution to a legal question. Most lawyers possess exceptional analytical skills including reading and writing skills. Practicing law allows you to use your mental skills each day in effective ways to solve problems for your clients. Because each case is unique, you must use your full mental capabilities to research, speculate, hypothesize, and formulate legal strategies to effectively solve problems for your clients.

Argue and Debate

Some lawyers never argue a case in a court room or they argue very few cases in court. On the other hand, some trial attorneys are in court almost each week arguing a new case. If you enjoy the challenge of going up against another attorney to argue legal theories and points to prove your allegations are correct, becoming an attorney will give you ample opportunity to argue and debate legal theories and various interpretations of the law.

Work Environment

For many, the work environment is one of the benefits specifically considered when choosing a career. Most lawyers work in law firms, government agencies, or corporations where they are afforded an actual office with four walls rather than a cubicle in the middle of a “bull pen” from a cubicle. Although things have since changed with the need for social distancing and the ease of working remotely. Being a lawyer typically includes the benefit of having a certain level of prestige that affords you certain benefits that other employees may not receive (i.e. office, ability to set hours, expense accounts, decorating budget, etc.).

Skills that Transfer – Alternative Legal Careers

Benefits of being a lawyer do not stop at “being a lawyer.”  The skills you learn in law school and in the early years of your practice easily translate into alternative legal careers. Sally Kane wrote about several alternative legal careers in an article published on About.com. Alternative legal careers Kane explores in her article include legal consulting, legal technology, legal publishing, education, administration, banking, finance, dispute resolution, and human resource management.

Flexibility

Unpredictable schedules, demanding billable quotas, long hours, and very few days off have been a major complaint of many attorneys.  The desire to achieve a better work-life balance has encouraged many firms to work with their employees to provide more flexibility as an attorney. Many law firms are now offering telecommuting, alternative work schedules, tiered pay scales, expanded family leave including maternity and paternity leave, reduced billable hours, and virtual assistants to reduce work load.  The benefits of being a lawyer are increasing as law firms and other employers see the value of providing additional flexibly for their employees in increased productivity and efficiency.

What Do Attorneys Say About the Benefits of Being a Lawyer?

The ABA Journal asked for responses to the question, “Why I Love Being a Lawyer.” The responses were varied ranging from helping others to be self-employed and earning a substantial income. The American Bar Association posed a similar question in its Woman Advocate Litigation Section. The answers to the question, “What Have You Found Most Rewarding Being a Lawyer?” are also just as varied as those in the ABA Journal.

For each attorney, the answer to these questions will depend more on the person than on the chosen career. If you are passionate about your career, you are likely to be more satisfied and happy. Regardless of the benefits of being a lawyer, you must like what you do in order to truly enjoy being an attorney and find satisfaction in what you do for others.

Sources:

  1. U. S. Bureau of Labor, Occupational Outlook Handbook, Lawyers
  2. About.com, Legal Careers, “Alternative Legal Careers,” Sally Kane, October 20, 2015
  3. ABA Journal, “Why I Love Being a Lawyer,” February 1, 2011
  4. American Bar Association, Woman Advocate, “What Have You Found Most Rewarding Being a Lawyer?”

© Copyright 2020 PracticePanther

ARTICLE BY Practice Panther Blog

For more, visit the NLR Law Office Management section.

It’s Here: How Law Firms Must Prepare for the Rise of “New Law”

Scan a list of legal trade headlines right now, and one or more are likely to reference “new law,” which has come to broadly mean leveraging technology to provide legal services in novel ways. Some law firms may ignore this trend and continue their “old law” approach – which could soon drive them out of business. Instead, firm leaders and administrators should embrace this shift and the tangible benefits that come with it.

The end of doing everything in-house

“New law” will be the death knell of vertical integration at law firms. The idea that everything must be done within the firm, whether it relates to the actual practice of law or not, is now irrelevant. A law firm’s core business is to provide legal services, and any other function outside of that should be examined to determine if it’s in the firm’s best interest to do it in-house. Law firms are not experts at everything, and many aspects of running a business can and should be left to outside experts.

For example, what law firm would deny the value of using artificial intelligence to parse endless reams of electronic data to prepare for discovery? Very few. Similarly, firms might be able to shift functions such as billing and marketing, and even reception and recruiting to companies that specialize in those tasks.

New law means asking questions about a firm’s core activities 

In the “new law” era, firms will have to make decisions about what they want to do in-house and what to outsource. Four questions can guide that analysis:

  • How important is this function to the firm?
  • What is the cost of the firm doing it versus outsourcing?
  • How good are we as a firm at doing this?
  • Do we have the right people in those roles, or could we use outside experts?

Applying these questions to any operation within the firm will reveal whether it’s something that should continue in-house or if there are alternatives. For example, is it cost-effective to have a billing department when outside companies specialize in this and can offer the same service at a reduced (and variable) expense?

Consider whether a firm understands a role enough to identify and hire the best people, and if the firm performs that task more efficiently than a company that specializes in that service.  It may be more effective to outsource that function in order to increase a firm’s client satisfaction and service.

Law firms must determine what is considered an essential service that must be done in-house. A firm working with wealthy clients may prioritize having staff in roles that deliver high-touch and personalized service. Billing and marketing, however, could perhaps be outsourced. By contrast, a law firm might make use of a virtual receptionist service to handle large volumes of inquiries and ensure no balls are dropped in answering calls and scheduling consults that lead to new clients.

“New law” offers firms the ability to be deliberate in deciding which functions must be done by someone working for the firm and which can be best left to outside providers. No one approach will work for every firm — and that’s the point. Whatever it takes for a firm to provide excellent service while increasing profitability is what should be done.

Make the shift or fade away

Many firms might see “new law” as a threat — but, in fact, it’s an opportunity. Those who make this shift away from vertical integration will benefit from increased profitability while also ensuring their clients receive the best possible service at every interaction.

Firms must stop thinking they can do it all. Lawyers know the law, and that should be the focus of the firm. Anything else that’s added must be weighed and considered against what’s most beneficial to the firm.

There is also a risk of not going through this shift now. Firms that engage in this process will likely become leaner, more competitive, and outbid those who don’t. A firm that trims overhead and broadens profit margins is far more flexible when it comes to pricing its services. Clients know that and will start to see the difference when reviewing RFP responses.

Quite simply, leveraging “new law” now means a firm will solidify its future in an increasingly competitive marketplace for legal services.

All lawyers use paper, but no firms make their own because of the cost and quality issues of doing so; any other non-core services that a firm performs should be similarly evaluated.

© Copyright 2021 Lexicon

ARTICLE BY Scott Brennan of Lexicon
For more, visit the NLR Law Office Management section.

Litigation Minute: How to Prepare for a Virtual Deposition

What You Need to Know in a Minute or Less

The COVID-19 pandemic has forced those in the legal profession to transition to a virtual world in many respects. One example of this transition is conducting remote or “virtual” depositions. Given the expediency and efficiency of virtual proceedings, we are likely to see the continued use of virtual depositions after the pandemic ends. While virtual depositions present certain challenges, they are also time- and cost-effective.

Conduct a trial run

Practicing the process before the deposition will ensure that each party’s computer works and that there are no technological or internet problems. During the trial run, it is important to go over key tips for virtual depositions, such as having the witness take several seconds before responding to questions to avoid talking over others and to give counsel time to raise any necessary objections. Instruct the witness that there may be a lag, and practice going over questions to establish a rhythm if that makes the witness more comfortable. In depositions with confidential documents or information, it is important to make sure the deposition platform has adequate security features.

Confirm surroundings

Because WebEx and other virtual platforms use Internet bandwidth, the witness might want to call in using a cell phone for the audio, using the computer for only the video, so that they are not using Wi-Fi bandwidth for the audio portion. At the outset of the deposition, ask the witness to confirm on the record that there is no one else in the room, and consider having the witness show their surroundings on the camera to ensure that the witness is not under any outside influence during the deposition. Because different jurisdictions have different rules regarding depositions, counsel should also decide and state on record which jurisdiction’s law will apply if it is not clear.

Provide instructions

Since parties and counsel are participating from different locations, it is important to make sure the witness is not referring to another document or being coached remotely about answers to give during the course of the deposition. Ask the witness to have a clear desk and not to use the computer for anything other than the deposition connection. When taking the deposition of the other party’s witness, ask these questions on the record and expressly instruct the witness not to open any other windows on the computer and not to communicate through email, instant messaging, or other features during the deposition.

Take advantage of virtual depositions

Although virtual depositions may raise novel challenges, they can be less time consuming and less costly for all parties. Virtual depositions eliminate the need for travel, which can be a significant expense. In addition, during the pandemic, where witnesses would be required to wear masks during in-person appearances, virtual depositions allow counsel to see facial expressions and better evaluate witnesses’ credibility and how they will come across at trial.

Copyright 2020 K & L Gates

ARTICLE BY Amy L. Groff of K&L Gates
For more, visit the NLR Law Office Management section.

Inbound Marketing and Client Journey Mapping– Part 1 Good2bSocial Digital Academy for Law Firms

In late January Good2bSocial launched the Good2bSocial Academy.  Designed to be an easily accessible way to enhance understanding of digital technologies in a law firm/legal marketing context for marketing, business development and communication professionals in a law firm environment, the course features webinars, articles and videos on an easy to navigate dashboard which can be completed at the attendees own pace.  On the course’s design, Guy Alvarez, Founder and CEO of Good2bSocial and the course instructor, says, “We wanted to design a course that would provide legal marketers with a verifiable base line of knowledge of digital marketing concepts in the legal marketing realm—with the idea that this course could serve as a benchmark for legal marketing departments vetting potential hires, and make it easier for CMOs to get approval for team training.”

Good2bSocial’s popular Digital Marketing Certification is available on the Good2bSocial dashboard.  The course is divided into eight sections, outlined below, with assignments and feedback from Alvarez along the way.  After completing the eight sessions, course participants will create a final digital marketing project to earn the digital marketing certificate and upon completion of the course, students will gain access to a private Linkedin Group to network with other alumni.

The eight sessions are:

Session 1: Introduction to Digital Marketing

Session 2: Content Marketing

Session 3: Social Media Marketing

Session 4: Social Media Advertising

Session 5: Search Engine Optimization (SEO)

Session 6: Search Advertising

Session 7: Email Marketing

Session 8: Measurement & Analytics

The Introduction to Digital Marketing for Law Firms section includes webinars, articles and videos providing a foundation and shared language for participants.  Concepts discussed include Inbound marketing for law firms, the buyer’s journey, and client journey mapping, all with a legal marketing focus.

Inbound Marketing for Law Firms

Inbound Marketing for law firms is introduced through a conversation with Anna Norregaard the Principal Channel Executive for Hubspot, and other articles and resources are also included.  Norregaard draws a distinction between inbound marketing and content marketing and how content marketing enhances visibility across channels, while inbound marketing uses the increased visibility to convert that additional visibility into leads and opportunities.

Norregaard breaks inbound marketing down into four phases:

  1. Attract: through strategic content creation, blogging and social media, bring new visitors to your firm’s website so they can get to know you.
  2. Convert.  Once the visitors have arrived at your site, you convert them into a lead by enticing them to fill out a form so you can capture their information, encouraging them to do so by providing valuable content like webinars or case studies.
  3. Close.  In this stage, you turn the leads into business development opportunities through segmentation–by providing regular and appropriate follow-ups, you can nurture the lead to closing.
  4. Delight.  In this phase, consider how you communicate with your clients and how the relationship provides them with value aside from the services purchased–how can you keep clients appraised of what you offer that they might find useful?

The Buyer’s Journey

In order to effectively understand what content will be effective for inbound marketing, analyzing and constructing a buyer’s persona can help contextualize the buyer’s journey for your firm’s clients and develop content that matches the concerns of potential buyers.  Broadly speaking, the Buyer’s Journey includes the Awareness Stage, the Consideration Stage and the Decision stage.  By identifying common characteristics of your buyer at each stage, you can create content that addresses the concerns and positions your firm as the solution.

Client Journey Mapping for Law Firms

One way to develop the Buyer Persona and conceptualize the Buyer’s journey is to go through a client journey mapping process.  Client Journey mapping has been a hot topic in law firms, as traditional buyers of legal services have become more concerned with pricing and consistency. Client Journey Mapping provides an overview of the client experience, and what those interactions look like at each touchpoint.  Looking at this process from an external perspective can drive the focus outward, to the client, and encourage the firm to be more receptive to feedback from clients.  Additionally, this shift in focus can help identify which touchpoints are critical to clients when making a buying decision and can encourage the firm to be more empathetic.  By placing perspective on the client’s experience, the firm can create experiences tailored to the client and extend the relationship, perhaps even broadening the relationship to include more facets of work.

By curating a variety resources in a variety of formats, Alvarez has used his expertise to find assets on the topics under discussion and putting them in a user-friendly, easily accessible dashboard.  Alvarez says, “Good2bSocial has been providing training to individual law firms for over 10 years, and through this experience we’ve learned what elements are most useful for marketers in the legal industry.  We’ve taken that firsthand knowledge and we’ve packaged it in this course designed to meet the demand—only enhanced by the tight job market and the COVID-19 pandemic– for digital marketing training in an online, on-demand format.”

To learn more about the Good2bSocial Academy and the law firm focused topics covered please click here.

Stay tuned for more details on the topics and key takeaways included in the next seven parts of the Good2bSocial Academy.

Copyright ©2020 National Law Forum, LLC

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more, visit the NLR Law Office Management section.

Legal Industry News: Law Firm Awards, Lawyer Moves Across the Industry and Legal Marketing Updates and Opportunities

Law Firm Awards and Recognition

Womble Bond Dickinson was named a Best Place to Work for lesbian, gay, bisexual, transgender and queer workplace equality, earning a perfect score of 100 percent on the 2021 Corporate Equality Index (CEI) for the seventh year in a row. The CEI is a benchmarking survey administered by the Human Rights Campaign Foundation that measures LGBTQ workplace equality policies and practices.

“Diverse, inclusive workplaces are better equipped to serve 21st Century clients and compete in the global marketplace. It’s no coincidence that many of our clients also were named to the Corporate Equality Index,” said Merrick Benn, Co-Chair of the firm’s Diversity Committee. “Striving for equality and inclusivity is good business—and it’s also just the right thing to do.”

Perkins Coie also received a top rating of 100 percent from the CEI survey, earning them a spot on the Best Places to Work for LGBTQ Equality for the 13th year in a row. Additionally, the firm also achieved Mansfield 3.0 Certification Plus from Diversity Lab in 2020 for its commitment to recruit women, attorneys of color, LGBTQ+ attorneys, and attorneys with disabilities.

“We’re truly honored to be recognized by the Human Rights Campaign Foundation for our enduring LGBTQ+ initiatives and practices which are critical to the success of our inclusive workplace and culture for all our attorneys and staff,” said Genhi Givings Bailey, Perkins Coie’s chief diversity and inclusion officer. “While we know we have more work to do, we remain fiercely committed to building on our record of diversity and inclusion progress.”

Labor and employment law firm Fisher Phillips also achieved a top rating of 100 percent from the CEI survey and were included on the Best Places to Work for LGBTQ Equality list. Fisher Philips said that it ensures both domestic partner benefits and transgender-inclusive health care benefits, in addition to supporting national LGBTQ+ events such as Lavender Law.

“It is an honor to be recognized for our commitment to LGBTQ equality and inclusion,” said Roger Quillen, Chairman and Managing Partner of Fisher Phillips. “We continue to recruit, hire, develop, retain, and promote the best attorneys regardless of ethnicity, race, gender, religion, sexual orientation, disability, backgrounds, and viewpoints. As an employment firm, we operate under the belief that diversity and inclusion strengthens our ability to serve clients with an assortment of viewpoints and critical insights about the legal issues they are facing in the workplace.”

Ward and Smith launched its new staff internship program in January aimed at increasing diversity in staff positions, including positions such as paralegals, office service assistants and legal administrative assistants.

To launch the internship program, Ward and Smith partnered with Durham Tech, Pitt Community College, Hillside High School in Durham, South Central High School in Greenville and West Craven High School in New Bern.

“An essential part of maximizing our firm’s effectiveness is creating an environment that allows people of different backgrounds, views, and ideas to work together,” said Michael Christman, the firm’s Director of Human Resources. “We decided to be more strategic about our staff recruiting process by creating opportunities, like the staff internship program, to attract a broader range of talent.”

The Deals named Jenifer Smith, a partner and co-chair of the Emerging Growth and Venture Capital practice at DLA Piper, to its 2020 Top Women in Dealmaking list. Smith is one of 48 women on the list, which recognizes women attorneys that are shattering the glass ceiling in M&A sphere and making a difference in the corporate world.

In her practice, Smith focuses on strategic and corporate governance issues, compliance with securities laws and SEC disclosure requirements and serves as an outside corporate counsel to public and private companies.

Law Firm Moves

Gabriel Silva has joined Vinson & Elkins as a partner in New York. His practice focuses on M&A and private equity in the U.S., Latin America, Europe and Asia with a focus on the digital infrastructure sector. Silva is the fourth attorney with a specialization in Latin America to join the firm in New York over the past two years. Previously, Silva was a partner at Linklaters in New York and São Paulo.

“Gabriel is one of the leading young M&A partners in New York, with a strong blend of digital infrastructure, Latin America and general private equity experience,” said Keith Fullenweider, co-head of the firm’s Corporate Department. “His practice fits beautifully with our platform, including our leading infrastructure practice. We have also invested recently in adding experienced lawyers with strong connections and deal experience in Latin America, which Gabriel will certainly enhance.”

Silva earned his Brazilian law degree from Pontifcia Universidade Catlica de São Paulo, and a specialization degree in Brazilian Corporate Law from Fundao Getlio Vargas de São Paulo. He also has an LL.M. degree from Columbia Law School, where he was a Harlan Fiske Stone Scholar.

Arent Fox selected Partner Anthony V. Lupo as the fourth Chair in the firm’s 79-year history, succeeding Mark M. Katz as part of a planned transition. Lupo began his career at Arent Fox in 1995, serving on the Executive Committee since 2002, as co-leader of the Intellectual Property department, and as leader of the Fashion & Retail and Media & Entertainment industry groups.

“I have worked with Tony for more than 20 years, and his incredible enthusiasm for the work, the firm, and our clients is second to none,” said Cristina A. Carvalho, firmwide Managing Partner. “As our new Chair, he will bring his excellent business sense to clients in every industry we serve.”

Lathrop GPM named Kate Tompkins as the leader of the firm’s Intellectual Property Practice Group, marking the first time a business professional was selected for a top leadership role of a practice group at Lathrop GPM. Tompkins joined the group in 2015, helping grow the firm’s Boston office. She has over 25 years of professional services experience. Previously, she served as a Director of Practice Management.

“Kate’s expansive knowledge of our firm’s IP clients, partners, and processes makes her ideally situated to lead our Intellectual Property Practice Group,” said managing partner Cameron Garrison.

Katherine M. Katchen joined the Managed Care + Employee Benefits Litigation Group at the Philadelphia office of Robinson+Cole, bringing more than 20 years of litigation experience in the areas of managed care and insurance law.

Specifically, Katchen’s practice focuses on health insurers, managed care companies, and insurers and third-party administrators in state and federal actions around the country.

“We are pleased to welcome Kate, an experienced litigator, to our growing Philadelphia office,” said Stephen E. Goldman, Managing Partner, Robinson+Cole. “Her broad ranging litigation experience provides depth to our litigation capabilities in the Mid-Atlantic region, and her experience in managed care and employee benefits litigation will be a great complement to our existing vibrant practice. The addition of Kate is another step in the execution of our Strategic Plan of building on our strengths and expanding our capabilities in our major metropolitan geographies.”

Legal Marketing News and Opportunities

F2 Marketing released Legal Marketing Trends 2021, annual analysis of what Legal Marketers might expect over the next 12 months.  While 2020 was a rollercoaster and predictions for 2021 are a fraught proposition, F2 Marketing provided insights from leaders and legal marketers across the industry, on topics such as Crisis Communications, Google’s Core Web Vitals updates, the rise of digital accessibility and the increasing importance and emphasis on meaningful diversity and inclusion.    While 2020 was challenging in multiple ways for the legal industry, in many ways the pandemic accelerated the adoption of technologies in the legal industry, creating opportunities.  For example, Jennifer Whittier, President ofContactEase points out that the transition to targeted, purposeful client communication necessary in 2020 creates an opportunity to “build a business case for CRM, reintroduce the need for targeted and strategic outreach, and increase engagement among lawyers and clients.”

Learn more here about the F2 Marketing Legal Marketing Trends 2021.

Good2BSocial recently announced the launch of its Good2BSocial Academy, designed to provide legal marketing and business development training for marketing, business development and communication professionals at law firms on demand.  With the goal of enhancing the understanding of digital technologies in a law firm/legal marketing context, this course features multiple courses with webinars, podcasts and certifications.  A unique learning dashboard provides access to the materials created by Good2BSocial over the years on topics ranging from online advertising to marketing automation to account-based marketing, and many more critical areas.  Courses are helmed by industry experts, with real world lessons and built-in takeaways, all neatly organized on an easy to navigate site.

Guy Alvarez cites the positive feedback on their live Digital Marketing Certification course as an impetus to creating the Academy.  He says, “It was a natural next step to create a robust, organized offering that is flexible and accessible to anyone who’s interested in taking their practice and career to the next level.”

Learn more about the Good2BSocial Academy at https://academy.good2bsocial.com

What’s New with the National Law Review

The National Law Review started off 2021 with a bang–after taking a minute to look over the details from 2020, we saw that our main website had over 25 million views over 2020, a 258% YOY increase from 2019 and 54 million impressions overall on all owned properties.  Eilene Spear of the National Law Review, spoke with Guy Alvarez of Good2BSocial on the LegalMarketing 2.0 podcast about this uptick in traffic, you can listen to the interview for more details.  Additionally, Eilene Spear and Guy Alvarez are teaming up to present a webinar on SEO Lessons Learned from The COVID-19 Pandemic, to extrapolate on some of the SEO takeaways from 2020. The webinar is complimentary, and will be held on February 16.

Building on this success, NLR staff members presented a three-part webinar series with McDougall Interactive, drawing out how to create an SEO strategy in 2021. Jennifer Schaller, Billy Thieme and Rachel Popa all contributed their expertise to the webinar series.  In Part 1 Schaller focused on Content Marketing strategies for 2021.  In part 2, Billy Thieme explained SEO principles and illuminated some of the most cirtical SEO strategies.  Rachel Popa discussed best practices in Podcasting, and how to get the most out of a video series or a podcast.

That’s the news for now, but there is much more on the horizon.

Copyright ©2020 National Law Forum, LLC

ARTICLE BY Rachel Popa and Eilene Spear of The National Law Review / The National Law Forum LLC
For more, visit the NLR Law Office Management section.

CCPA for Lawyers: Notice Of Collection Needed for Third-Party Subpoenas & Discovery Req?

CCPA Illogic: Do lawyers have to give notices of collection before sending out third party subpoenas?

A law firm may be considered a service provider under the CCPA to the extent that a written contract between the law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client. As the CCPA only requires that a “business that collects a consumer’s personal information” provide a notice at collection,1 if a law firm is a service provider it would not be required to provide a notice at collection to individuals from whom it is attempting to collect personal information.

If, on the other hand, a law firm is considered a business it is possible that it is exempt from the requirement to provide a notice at collection. Specifically, businesses are exempt from any obligations under the CCPA to the extent that they “restrict a business’s ability to . . . exercise or defend legal claims.”2 A court might determine that requiring a law firm to provide a notice at collection restricts the law firm’s ability to exercise or defend legal claims on behalf of clients, or restricts clients ability to have their claims exercised or defended by the law firm.

Even if a law firm is not exempt from the obligation to provide a notice at collection, assuming that the target of the subpoena is a California consumer the subpoena itself may implicitly satisfy the obligation to provide a notice at collection. Specifically, a notice at collection should include the following information:

  • A list of the categories of personal information that will be collected;
  • The business or commercial purpose for which the information is being collected;
  • Information on how to opt-out of the sale of personal information (if information is being sold); and
  • Information on how to find the company’s complete privacy notice.3

A third party subpoena, by its nature, specifies the type of personal information that is being sought, and that the information will be used within the context of the identified litigation. While a subpoena does not specify how a recipient can opt out of the sale of their personal information, discovery and ethics rules prevent a law firm from attempting to sell personal information received in discovery. While most subpoenas do not specifically indicate how a subpoena recipient can find a copy of the law firm’s privacy notice, if a recipient is represented by counsel, it would be difficult to argue that their counsel would not know how to locate a law firm’s online privacy notice to the extent that one has been posted. The net result is that most, if not all, of the information required by a notice at collection may be contained within a subpoena.4

CCPA Illogic: Do lawyers have to give notices of collection before sending out discovery requests?

A law firm may be considered a service provider under the CCPA to the extent that a written contract between the law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client. The CCPA only requires that a “business that collects a consumer’s personal information” provide a notice at collection.5 As a result, if a law firm is a service provider, it would not be required to provide a notice at collection to individuals from whom it is attempting to collect personal information.

If, on the other hand, a law firm is considered a business, it is possible that it is exempt from the requirement to provide a notice at collection. Specifically, businesses are exempt from any obligations under the CCPA to the extent that they “restrict a business’s ability to . . . exercise or defend legal claims.”6 A court might determine that requiring a law firm to provide a notice at collection restricts the law firm’s ability to exercise or defend legal claims on behalf of clients, or restricts clients ability to have their claims exercised or defended by the law firm.

Even if a law firm is not exempt from the obligation to provide a notice at collection, assuming that the opposing party is a California consumer a discovery request may implicitly satisfy the obligation to provide a notice at collection. Specifically, a notice at collection should include the following information:

  • A list of the categories of personal information that will be collected;
  • The business or commercial purpose for which the information is being collected;
  • Information on how to opt-out of the sale of personal information (if information is being sold); and
  • Information on how to find the company’s complete privacy notice.7

A discovery request (e.g., interrogatives, document requests, or a deposition request) specifies the type of personal information that is being sought, and implicit in the discovery request is that the information will be used within the context of the litigation. While a discovery request does not specify how an opposing party can opt out of the sale of their personal information, discovery and ethics rules often prevent a law firm from attempting to sell personal information received in discovery.8 While most discovery requests do not specifically indicate how an opposing party can find a law firm’s complete privacy notice, if an opposing party is represented by counsel it would be difficult to argue that opposing counsel would not know how to locate a law firm’s privacy notice to the extent that it is publicly posted online. The net result is that most, if not all, of the information required by a notice at collection may be contained in a discovery request itself.9

1 Cal. Civ. Code 1798.100(b) (Oct. 2020) (emphasis added).
2 Cal. Civ.  Code 1798.145(a)(5).
3 CCPA Reg. 999.305(b)(1)-(4).
4 Note that as of January 1, 2023, a notice at collection would also need to include the “length of time” that the business intends to retain each category of personal information. Cal. Civ.  Code 1798.100(a)(3).  In the context of civil litigation, the length of time that information will be kept is often conveyed to the opposing party through other means such as a negotiated protective order that discusses the return or destruction of documents at the end of the litigation.

5 Cal. Civ. Code 1798.100(b) (Oct. 2020) (emphasis added).
6 Cal. Civ.  Code 1798.145(a)(5).
7 CCPA Reg. 999.305(b)(1)-(4).
8 For example, ABA Model Rule of Professional Ethics 4.4(a) prohibits a lawyer from using any method of obtaining evidence that would “violate the legal rights” of a third party.
9 Note that as of January 1, 2023, a notice at collection would also need to include the “length of time” that the business intends to retain each category of personal information. Cal. Civ.  Code 1798.100(a)(3). In the context of civil litigation, the length of time that information will be kept is often conveyed to the opposing party through other means such as a negotiated protective order that discusses the return or destruction of documents at the end of the litigation.

ARTICLE BY David A. Zetoony of Greenberg Traurig, LLP
For more, visit the NLR Law Office Management section

Law Firm Billing: Five Ways To Ensure Your Clients Pay On Time

Billing clients is foundational to success at any law firm, but oftentimes lawyers struggle to receive payments on time, if at all. For an essential business function like getting paid, one would think it would be as simple as preparing an invoice and waiting for the payment to roll in. While yes, these two tasks encompass the general framework of legal billing, your firm is missing out on opportunities between these endpoints to maximize your payment efficiency. There are many steps your law firm can take to ensure you get paid on time, and it all starts long before you even interact with your client. Here are five ways to ensure your clients pay on time.

Provide concise and public communication on your billing policy

The first step your law firm should take it to establish consistent rates. Whether this be hourly billing rates by attorney, or flat fee billing rates by projects, present your rates in a format that anyone will be able to understand. Whichever route your firm chooses to take, the important part is to have an open and transparent conversation with your clients during your initial consultations about these billing structures. You can then follow this up by reiterating your rates in the Letter of Engagement you send to your clients, making sure to include clear and consistent messaging throughout about your billing terms, when payment is due, and details about whether interest will be applied to overdue invoices. This step may sound simple, but this straightforward task sets you up for success in a few ways:

  1. It proves to your client that you are transparent, and won’t haggle them on fees.
  2. It sets expectations for the client so they know exactly what they are paying for.
  3. It provides a clear roadmap for how much is due, and when.

Providing a thorough breakdown of what your billing policy looks like to your clients helps keep them comfortable and leaves them satisfied knowing that they will receive quality service from your firm. Remember, it’s all about setting up the foundation for trust.

Offer multiple payment options to clients

When it comes to paying for legal services, law firms can’t take a one size fits all approach. It’s no secret that legal services can be expensive, and just like purchasing a house or a car, if clients don’t have the option to pay the way they feel most comfortable, they may walk away and look somewhere else.

Find a payment structure that’s mutually beneficial

Of course, which payment options you provide will depend on the type of law you practice, but by laying out a few options for your clients other than the traditional billable hour, you will further your clients trust and confidence, and make them more comfortable when it comes to making that first timely payment. A few alternatives to standard hourly billing include:

Flat Fee Billing 

Charging your clients a flat fee for your services allows you to get paid in full, either up front or at the end of the project (pro tip: request payment up front to your trust account to eliminate missed payments for services rendered). This option is best if there is a specific type of case or project that your firm handles regularly, the fewer surprises the better. This option is convenient for clients as they only have to pay once and you won’t need to chase checks on a regular basis. One downside of charging a flat fee is missing out on extra payment if the matter takes longer than anticipated, so use your best judgement when choosing to accept flat fees.

Subscription or Evergreen Trust Replenishment Model

More and more firms are moving to a subscription model for ongoing projects or clients that want to engage them on a regular basis. Under this model you establish a monthly rate and charge the client on an ongoing basis before the work is performed via an evergreen trust deposit replenishment. For instance, on the 1st of each month you charge the client a flat, consistent rate via a deposit to your trust account. At the end of the month when those trust funds are earned fees, you can compliantly move them over from your trust account to your operating account.

This model gives clients open access to their attorney without the restrictions that hourly billing may present, however most clients will still want at least a basic invoice for services rendered at the end of each month for their records. Similar to flat fee billing, use your best judgement in establishing a monthly rate with your client: some months you may work more than you anticipated while others you need to perform less work for that particular client.

Unbundled Services 

Unbundled services, or limited scope, simply means that you are offering your clients a choice of services rather than a full package. If your clients can easily pay you for smaller tasks like legal research or document drafting without having to pay for unnecessary services included in a full-scope fee, they are more likely to agree to your terms expeditiously. If you decide to offer unbundled services to your clients, you can do so via a flat fee to trust (up front) or operating (after services are rendered) or charge them on a more standard hourly basis.

Payment Plans

Many attorneys prefer to bill clients on a more traditional hourly basis. However, one of the main reasons hourly clients don’t pay their bills on time is because they can’t afford to pay the full cost of your bill in one payment. Luckily many firms have started allowing their clients to pay over time to help ease the burden of the cost of legal services. With payment plans, the firm decides the payment intervals (weekly, monthly, etc.) and the amount of each payment, and the client pays down their balance over time. It’s a great way to help reduce the burden to your clients while also ensuring that you’ll get paid in full on your bill eventually.

Level up by offering compliant online payment options

Allowing clients to pay by credit card or eCheck is no longer a nice to have, it’s standard operating procedure — especially in an increasingly digital world. Paying digitally is not only expected by today’s clients, but it makes your firm more efficient by accepting those payments faster. However, firms should use caution in selecting an online payment provider to ensure that the processor they choose is compliant with local, state and ABA rules for payment processing. We get into simplifying the digital payment process more below, but first you need to make sure your invoices are accurate.

Track time as you work

Now that your clients have read through your billing process, selected the payment option that works best for them, and entered into an agreement for your services — it’s now your responsibility to be as transparent with them as possible about the time you spend on their behalf. Not only will accurate time tracking provide peace-of-mind to your clients, it will actually yield you more money. According to the American Bar Association, attorneys that wait to capture their time at the end of each week can lose as much as 50% of their billable hours.  Being diligent about your timekeeping can be challenging, but the easiest way to stay on top of it is to record your time as it happens using a practice management tool like PracticePanther.

Having a clear picture into how much time was spent where, with detailed notes about relevant tasks, will help settle any disputes your client may have around the overall price. Remember — they’ve already agreed to your set rate from your detailed pricing, so the better time tracking you have in place, the harder it will be for them to decline payment or request a discount.

Keep clients up to date

Sending your clients regular status updates about upcoming payment deadlines, missed or late payments, or any late fees that are accruing for overdue invoices is crucial to getting paid timely and collecting in full on your invoice. With practice management software, these tasks can even be automated with workflows, meaning you’re providing real value without having to manually send messages.

Regular and transparent communication with your clients keeps your firm top-of-mind, and ensures that a request for payment doesn’t slip into the junk inbox or is deleted entirely.

Make payments convenient (and make your clients happier)

Your firm was transparent and locked in billing terms from day one, your clients understand when to expect your bill, and your communication with them has been consistent and ongoing. You provided a tremendous service to your client, you captured time contemporaneously, and your invoice has been prepared with meticulous detail. You’ve got one last hurdle to overcome before your money is in the bank — actually getting paid. The easier you make this process, the more likely you are to get paid quickly and collect 100% on your billed time.

With PracticePanther, this crucial step is now as easy as providing your law firm’s universal OneLink directly on your website or embedded in your email signature line. By placing your OneLink where it can be easily found online or in your emails, you can now begin to receive payment with just the click of a link.

OneLink is your firm’s secret weapon when it comes to getting paid, a link that is unique to your firm, yet can be given to all of your clients to make a quick and compliant payment. Let’s look at how OneLink can be used with a few of those payment options described above:

  • Hourly Billing: Embed your OneLink in an email when you send your clients an invoice with the breakdown and explanation of your hours. Try embedding it in your personal email signature, or those of your billing or accounting staff as well.
  • Flat Fee: Include your OneLink early on in your conversation along with your Letter of Engagement and retainer request to allow your client to make a compliant one-time payment to your trust account. OneLink will then automatically create or update any existing contacts you have within PracticePanther — reducing data entry steps for you and streamlining the overall collection process for both parties.
  • Subscription or Trust Replenishment: Easily send your OneLink on an ongoing cadence to your client whenever fees are due.

In each instance, your clients will be at ease using OneLink — it’s just like checking out at any other online retailer. All they have to do is click OneLink wherever you’ve placed it and enter their payment information, the rest is taken care of. Clients don’t need to create an account and they don’t need to fill out any extra paperwork — it’s the fastest way to compliantly receive payments to date.

Making your legal payments process as convenient and comfortable as checking out at an online retailer will ensure that your clients pay on time, every time.

© Copyright 2020 PracticePanther

ARTICLE BY Dan Bowman of PracticePanther

For more, visit the NLR Law Office Management section.

Law Firm News and Updates for January 2021: Law Firm Merger, Diversity in Legal Industry and Law School News

We hope that your 2021 is going along well all things considered.  We wanted to extend a big thank you to our law firm publishing partners for helping the National Law Review surpass 25,000,000 page views in 2020.  You can read about some of the articles and authors we noted as exceptional high flyers in our press release from earlier this week.  Additionally, we recognized roughly 70 exceptional authors and contributors in our 2020 Go To Thought Leadership Awards issued a few weeks back which you can read about here. But enough about us and our talented authors, here are some recent updates from around the legal industry.

Law Firm Hires and Promotions

Ballard Spahr named Damon O. Barry the Office Managing Partner for the Denver office of the firm. Mr. Barry is an experienced deal and government affairs attorney, working on mergers and acquisitions, recapitalizations and other sophisticated commercial transactions.  The Denver office of Ballard Spahr is the epicenter of the firm’s western United States Labor and Employment, Public Finance Data Privacy and Cybersecurity practices.  Mr. Barry praised the Denver office of Ballard Spahr, pointing out the attorneys located there do exciting work with industry leaders in the region, and said, “I’m looking forward to building on our previous success and continuing to deliver first-rate service to our clients, both existing and new, while simultaneously driving and increasing our commitment to the Denver community.”

Idan Netser and Andrew Harper joined Sidley Austin LLP in the Palo Alto office.  Both attorneys will join Sidley as transactional partners, joining the Emerging Companies and Venture Capital practice, and Mr. Netser will also join the Tax Practice.  Martin Wellington, Managing Partner of the Palo Alto office describes the addition of Mr. Nester and Mr. Harper as an important milestone in Sidley’s expansion into Northern California, and the emerging technology field of practice.  Wellington says, “Idan has a well-deserved reputation both as a trusted adviser to entrepreneurs and emerging companies in the software, security, and life sciences markets, and as a leading international tax counselor for some of the technology sector’s best-known brands. Andrew is a rising star with established relationships at an exciting roster of both companies and blue-chip venture investors. Together, they elevate our brand in the Valley and position Sidley for sustained growth in this market.”

Vedder Price announced that Wayne M. Aaron has joined the firm as a member of the Investment Services Group and Corporate practice in New York.  Mr. Aaron is an experienced securities regulatory lawyer, and his practice includes financial services advisory matters, broker-dealer regulation and enforcement, government and regulatory investigations and FinTech.  He regularly advises securities firms on complex sales and trading, and other regulatory issues, as well as in examinations, inquiries and enforcement proceedings before the Securities and Exchange Commission and other government regulators.  Corporate Practice Area Chair at Vedder, Jennifer Durham King indicated she is looking forward to Aaron’s addition to the financial services and corporate-related practices in New York.  She says, “Wayne is a terrific addition to our existing broker-dealer and regulatory investigations practices as we look to continue to grow and diversify those practices, including into other complementary areas, such as high frequency trading and FinTech regulatory work.”

Murray Plumb & Murray is pleased to announce that Katherine Krakowka has been elected a Director of the firm as of January 1, 2021, and  Stacey Neumann has been named to Murray Plumb & Murray’s Management Committee.

Ms. Krakowka has been with Murray, Plumb & Murray since 2019, focusing on Business & Corporate Law and Business Reorganization & Insolvency, and she has been working with local businesses, navigating the COVID-19 pandemic.  Drew Anderson, Managing Director of Murry Plumb & Murray calls Katie a wonderful addition to the ranks, saying,  “She has been an active participant in the firm since joining our team and this year especially has played a crucial role in supporting our local business community as a thought leader on risk planning and a legal expert on pandemic assistance programs. We look forward to having the benefit of her wisdom, experience and intellect in this leadership role.”

Additionally, Stacey Neumann has been named to Murray Plumb & Murray’s Management Committee. Neumann is a Director at the firm and Chair of the Employment and Criminal/White Collar Defense Practice Groups, and she has extensive litigation experience with federal and state white-collar and other criminal defense, employment law with discrimination and other human resources matters, and Title IX investigations and other collegiate disciplinary processes.

Steven W. Zelkowitz joined Spiritus Law as Managing Partner, reuniting with Spiritus law founding partners Marbet and Robert Lewis.  Additionally, Jonathan Portuondo is joining Spiritus Law as an associate. Spiritus Law will be focusing on helping firm hospitality clients recover from the pandemic.

Mr. Zelkowitz comes to Spiritus Law with more than 30 years of experience in real estate, financial services industries, including infrastructure and development, hospitality and public/private partnerships.  Zelkowitz also has government relations experience, and experience in assisting businesses establishing or relocating to Florida by leveraging tax and other financial incentives.  Additionally, Zelkowitz has a long-established relationship with the firm’s founders Robert and Marbet Lewis, which will translate into a productive and effective working relationship.

“Spiritus Law is already known as a powerhouse nationally in the alcohol and hospitality industries. I am confident that my depth of experience will further cement the firm’s reputation in those industries in 2021 and beyond,” said Mr. Zelkowitz. “I am both humbled and excited to reunite with Marbet and Rob, and in applying my decades of experience growing law firms for the benefit of Spiritus Law and its clients at this pivotal moment in history.”

Dinsmore & Shohl Merges with Wooden McLaughlin

On January 1, 2021, Dinsmore & Shohl LLP has merged with Wooden McLaughlin LLP in Indiana, continuing Dinsmore’s growth across Indiana, adding offices in Indianapolis, Evansville and Bloomington.  Dinsmore added 47 Wooden attorneys, growing Dinsmore’s lawyer headcount by over 7 percent, and continuing Dinsmore’s goal of continued growth and strength in the Midwest.  George Vincent, Dinsmore Chairman and Managing Partner, says, “I’ve always believed in having a renewable five-year plan and working back from where you want to be. Five years ago, we wanted to be in Boston, Florida and Indiana, and we’ve done all of those things. We are in every state surrounding Indiana, so it is a natural place for us to be. There are significant opportunities for new and existing Dinsmore clients there, and Wooden has a great legacy.”

The merger builds on both firm’s legacies of valued client relationships that can span decades, with an emphasis and value on diversity.  Wooden Partner, Misha Rabinowitch, says Dinsmore’s focus on diversity was an important element in the decision, saying, “I’m personally excited to continue working to make our offices as inclusive as possible, now with the assistance of Dinsmore’s diversity initiatives that are already in place and have great momentum.”

Law Firm Diversity: Norton Rose Fulbright and Blank Rome Tap New Diversity and Inclusion Officers, and Nelson Mullin’s Diversity Pipeline Outreach Program Recognized

Norton Rose Fulbright announced that Katherine Tapley, a San Antonio partner, will replace Denise Glass as the firm’s new US Chief of Diversity and Inclusion.  She will chair the US Diversity and Inclusion Committee at the firm, and she will work closely with the US Management Committee to strengthen Norton Rose Fulbright’s diversity and inclusion efforts.  Tapley previously chaired the Women in Norton Rose Fulbright (WiN) Network.  Additionally, Tapley has served on the Real Estate Service Board of Directors for the San Antonio Area Foundation, and she currently chairs the Board of Governors of SA Youth, a non-profit working to improve the education, character and lives of high-risk San Antonio youth.

Jeff Cody, Norton Rose Fulbright’s US Managing Partner: “Katherine championed diversity for several years at Norton Rose Fulbright, consistently looking for opportunities for the firm to make meaningful enhancements. While we have made notable progress in our diversity and inclusion efforts, this important area remains a priority for us.”

Norton Rose Fulbright achieved several honors related to their diversity efforts, including a Gold Standard Certification by Women in Law Empowerment Forum (WILEF) for their inclusion of women into leadership positions.  Norton Rose Fulbright also received a perfect score from the Human Rights Campaign Foundation on its Corporate Equality Index for policies related to LGBT workplace equality, and Diversity Lab announced Norton Rose Fulbright had achieved Mansfield Rule Certification 3.0 and Mansfield Certification Plus status, both benchmarks in the legal industry.

Ms. Tapley announced a desire to continue the firm’s work in this important area, saying, “Fostering diversity and inclusion is a critical component to being the best possible place to work for our people. I will work tirelessly to ensure the firm succeeds in this arena.”

Nelson Mullins Diverse Pipeline Outreach Program was selected by Profiles in Diversity Journal as a winner in its Top 10 Innovations in Diversity for 2020.  The Innovations in Diversity honors inventive solutions in workforce diversity, selecting corporations, organizations, and institutions for ground-breaking programs furthering inclusion and diversity in their respective fields.

The goal of Nelson Mullins Diverse Pipeline Outreach Program is to combat a lack of diversity in the legal industry by working with Historically Black Colleges and Universities in the Carolinas and Georgia to provide students with an inside look at the legal profession.  By demonstrating the legal industry in action across a variety of areas and demystifying the steps to go to law school and become a practicing attorney and capping it off with a paid internship for one student at each school that participates. The first internship will begin in the spring of 2021.

The Nelson Mullins program is spearheaded by Ariel Roberson and Jack Slosson, partners in Raleigh and Charlotte, respectively.  Roberson says, “Diversity in the legal profession is tremendously lacking, but we all know how necessary it is to hear different perspectives in the courtrooms, boardrooms, classrooms, etc. across America.”   Slosson says, “I am hopeful that this unique program can have a real impact in growing diversity in the legal profession going forward.”

Blank Rome announced that Krystal Studavent Ramsey is the firm’s new Director of Diversity and Inclusion in Blank Rome’s Houston office.  As Director of Diversity and Inclusion, Ms. Studavent Ramsey will implement Blank Rome’s strategic DEI plans to create an inclusive environment within the firm, and to partner with clients on DEI plans and programs.  To further this goal, Studavent Ramsey brings her experience co-founding and co-chairing Blaxiom, a group of Black Axiom employees when she served as a senior legal consultant at Axiom, and her experience working as director of strategy and operations for the Diverse Attorney Pipeline Program, devoted to nurturing first-year, women of color law students.

Studavent Ramsey calls her new role “an amazing opportunity” and praises Blank Rome’s foundation of DEI.  She says, “I am excited to join Blank Rome as its Director of Diversity and Inclusion, especially at such a pivotal time in our world . . . [T]his is an amazing opportunity . . . to make sustainable change and a positive impact throughout our firm, the legal industry, the communities we serve, and beyond.”

Law School Updates

Over 150 academics issued a joint statement saying “The violent attack on the Capitol was an assault on our democracy and the rule of law. The effort to disrupt the certification of a free and fair election was a betrayal of the core values that undergird our Constitution. Lives were lost, the seat of our democracy was desecrated, and our country was shamed.”

Citing their role as the educators of the next generation of lawyers, the academics claimed an obligation to “support the rule of law and preserve the integrity of the legal profession.”  The statement frowned on the actions of attorneys filing frivolous and ungrounded lawsuits challenging the election, filings unsupported by any evidence, saying they “betrayed the values of our profession” by doing so.  Additionally, the statement praised the lawyers and judges who worked hard to bring about an honest election in trying circumstances.  Read the complete joint statement and see a list of academics who signed the Joint Statement on the 2020 Election and Events at the Capitol.

John F. Kennedy School of Law at Northcentral University welcomed its first cohort of law students in the online Juris Doctor program, the university announced last week.  Since 1996, Northcentral University has been a leader in graduate-focused online education, with over 11,000 students enrolled in graduate programs across education, psychology and now law.

The program is taught by faculty who are practicing attorneys, judges and other legal professionals, to bring real-world expertise into the virtual classroom.  Faculty areas of expertise include civil and criminal law, constitutional law, insurance defense litigation and public interest law.  Along with online classes, hands-on curriculum opportunities include clinical and internship experiences. Dean Hutton says the online JD program will have opportunities for students to get individualized feedback from faculty members.  He says, “”Students have multiple opportunities to apply legal doctrine throughout each course, along with personalized faculty feedback, allowing for a much deeper understanding of the material and greater preparation for exams and, ultimately, for the California Bar Examination.”

Other law offerings at Northcentral include a Bachelor of Arts in legal studies and a paralegal certificate program, both approved by the American Bar Association.

Copyright ©2020 National Law Forum, LLC

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more, visit the NLR Law Office Management section.

How to Level Up your Law Firm Technology and Marketing in 2021

Welcome back to our short series on forming new habits in 2021. I hope you all were able to take the time to digest and truly think about implementing our first three habits at your law firms this year. If you missed out, go take a look at the first part of our new habits series and then come right back.

Today we’re going to talk a bit more about expanding the technical aspects of your firm in 2021, and how you can enhance what you’ve already learned throughout the trial and error of 2020.

Reduce Tech Costs With An All-In-One Operating System 

You’re likely using several platforms or tools to run your practice and paying monthly SaaS fees for all of them. At some point in 2020 you likely looked at these expenses for opportunities to reduce your internal costs. This kind of regular belt tightening audit is important, but it’s even more important to make sure that you’re using the right tech that will get you the most bang for your buck.

Conduct an analysis of all of the tools you are using and paying an associated monthly fee. Eliminate tools you haven’t used in the past 6 months. If you’re using an all-in-one system, make sure you’re using all the included functionality instead of 3rd party providers. Are you paying a separate monthly fee for a CRM or payments tool? Taking advantage of all of the features offered by your all-in-one practice management system can help you cut the fat and reduce overall expenses while increasing efficiency.

Fill Your Marketing Pipeline & Develop A Growth Plan 

Next, start to think about your firm’s future over the next year, including your pipeline of new business and growth plans for your internal team. Do you know which 2020 referral sources were the most fruitful? Make sure to nurture those existing referral relationships heading into the new year. A small gift, handwritten note, or phone call to wish the contact a happy new year is a great way to thank them while staying on their radar for future referrals.

As for new business, now is the perfect time to brainstorm new marketing channels to test in 2021. If there is a specific practice area that was especially profitable in 2020 perhaps you can get more involved with that practice group within your local or state bar association. Or maybe there is an upcoming (virtual) conference where you can showcase an area of expertise as a conference speaker. Many firms have found great success by experimenting with a small online marketing budget to make their firm’s name appear higher in search results or serve ads for their firm to a targeted audience. If you need a refresher, here’s our guide on SEO for lawyers.

With a plan to fill your referral and marketing pipeline in place, you should start preparing for growth. Construct a hiring roadmap and budget to create a clear plan to execute against your goals. Do you want to bring on a new partner with an existing book of business to help fill your client pipeline, or would it be best to hire and train an associate first? Do you need to hire new support staff like a receptionist or would it be more cost effective and efficient to use a virtual receptionist service? Being strategic in how you’re thinking about what you want to accomplish a year from now, and setting a systematic plan to get there, can help you stay on track as the year continues and distractions inevitably arise.

Level Up Your Zoom Game & Adjust To The “New Normal”

Whether you like it or not, the way we practice law has changed due to COVID-19 restrictions and it will never be exactly the same as it once was prior to 2020. Just as medical professionals have adapted to the rise in telehealth, more lawyers than ever before have moved to practicing law virtually. While some billable tasks will return to normal in a post-COVID world, the industry as a whole is realizing that we can do many things virtually for increased productivity and profitability as part of the “new normal”.

Many clients will likely prefer to meet virtually moving forward because of the convenience, while others will still need to do so depending on geographic location and local restrictions for at least part of 2021. It’s safe to assume that online video conference tools like Zoom aren’t going anywhere. If you didn’t use it before COVID restrictions began, you’ve likely used it since, and if you already used it, you probably are using it much more frequently than you did before.

You’ve also probably heard stories about some very embarrassing Zoom gafs over the past 10 months and we’d like to do our part to make sure you don’t become a cautionary tale. Remember, even though you are meeting with a client, colleague or co-defendant virtually, you still need to make a good impression and present as professionally as possible.

Make sure to dress as you would for an in-person meeting and make sure your visible work area is organized. Double check what your Zoom partner will see during the meeting when you turn on your video — do you like the background the client will see behind you on the call or do you need to adjust? Do your best to limit interruptions like loud pets or children (no judgement, I have both). Check the lighting to make sure the video quality is good and ensure your internet connection is working properly (pro tip: if you share your network with others in the household ask them to log off the WiFi to improve the signal strength for your video call). If not, you might consider purchasing an inexpensive desktop Zoom light, increasing your internet speed, or adding WiFi boosters to help improve signal strength for areas furthest from your router.

Don’t forget, most video conferencing tools have helpful built-in features that you may not be utilizing.  If you’re using Zoom, try the “Touch Up My Appearance” option in your Zoom Settings – it’s like airbrushing for video calls and makes you look like you got 10 hours of sleep after a relaxing day at the spa. Lastly, if you are using Zoom for court appearances, mediations, or arbitrations, make sure you’ve got security settings like a virtual waiting room in place and learn how to properly use the break out room feature. Doing so will help you ensure client confidentiality is protected, even in a virtual setting.

Pulling It All Together

While these habits aren’t revolutionary by any stretch of the imagination, they are tried and true tactics which only require some extra time and effort to implement. By reducing your technology costs, creating your marketing and hiring roadmaps, and investing in your virtual presence, you’ll be well on your way to a successful and productive year and will thrive in the “new normal” of 2021.

© Copyright 2020 PracticePanther

ARTICLE BY Sarah Schaaf of PracticePanther
For more, visit the NLR Law Office Management section

Political Action Committee & Personal Political Contributions Become the Next Reputational Challenge for Law Firms & Their Clients

Aesop perhaps said it best: “You are known by the company you keep.” It appears many organizations are learning the true meaning of that phrase in the wake of the Republican vote against certification of the Electoral College results and the January 6 U.S. Capitol riots.

In a mere week’s time, corporate giants including Marriott International, Dow, JPMorgan, American Express, Nike, Google, Facebook and Microsoft have publicly declared they are pausing contributions from their political action committees (PACS). They are joined by a growing chorus that contains some of the world’s most well-known brands. While most of these organizations have targeted the members of Congress who voted against certification, many are making larger declarations, including Charles Schwab, which announced it is shutting down its PAC and donating the money to charity and to historically Black colleges and universities.

Since the first PAC was established in 1943 by the Congress of Industrial Organizations after Congress prohibited unions from donating directly to political candidates, PACs have been a strategic tool to help law firms, corporations, banks, unions, trade associations and others achieve strategic business objectives affected by the laws and regulations that govern – or hinder – their growth. Corporate PACs, at companies like those listed above, rely on voluntary contributions from employees – and that is likely one of the reasons the decisions announced this past week came so swiftly. It is challenging to keep employees motivated – or to keep them at all – if they suddenly find that their own values are diametrically opposed to those held by the organization they work for.

For an example of how employee values can shape corporate decision making, read this piece we wrote when household goods retailer Wayfair ran into an employee buzz saw after it was discovered the company was supplying bedroom furniture to a federal detention center in Texas. Note too, this story describing the pullback by law firms including Porter Wright and Jones Day after colleagues in the firms raised concerns about their work on the 2020 election challenges.

Aside from employee pushback, the values of other stakeholders that organizations prize no doubt factored into the decisions regarding PAC contributions as well. Those important audiences include customers and clients, investors, suppliers and even the communities in which these organizations operate. Here, social media’s power to harness and broadcast stakeholder outrage are important factors for the PAC distribution committee to consider.

No doubt some of the PAC decisions also were colored by the fact that PAC contributions are now relatively easy to uncover. The Center for Responsive Politics, for instance, hosts a website that makes it easy to discover, by year, how much individual organizations have donated to which parties and to which House and Senate candidates or incumbents. Access to comparable information at the state level varies, but likely will move toward more transparency given recent events. All the above is true, as well, for individuals making political contributions, apart from their PAC contributions. A quick visit to www.fec.gov/data/ opens a page with a simple enter-a-name-here search box and within seconds, one can see campaign donations made by co-workers, friends, competitors, spouses, children, extended relatives and celebrities. Similar easy-to-search databases are available at the state level and most counties across the country.

Combine this access to information with social media’s role as the global town crier and it’s naïve at best to assume no one will notice an individual or PAC’s significant contribution to a recipient of note – especially one with a highly controversial position on high profile issues or a questionable voting record.

While there are many reasons why an individual or organization might decide to support a specific lawmaker, those reasons may not be as readily apparent to stakeholders (including employees), the media or the public.  If yours is not one of the many organizations that have publicly announced that they are withdrawing some or all of their PAC support, now would be a good time to get ready to explain why you’ve supported the individuals you have, and what your path going forward may be. Here are some messages to consider:

  • How does this recipient’s voting record and position align with your organization’s mission and values? How have your contributions helped your organization grow and thrive so it can better serve its stakeholders?
  • If your organization has a strong commitment to corporate social responsibility, how do these contributions support that work?
  • If there are other reasons you support this individual, what are they?
  • If there are reasons why you no longer support this individual, what prompted you to end your support?

In a similar manner, if your organization took a public position in support of hot-button issues like Black Lives Matter and #MeToo, but your political contributions speak otherwise, how will you address that discrepancy (which is likely to be defined by others as hypocrisy)?

If your organization stands behind its record of political support, be prepared to defend that record with transparency and honesty.  And, be prepared to do so before media and social media seize the advantage they have in galvanizing opinion quickly. While your PAC – or the personal checks you’ve written – may be only one small portion of your organization’s government affairs program, these days, it’s the one everyone seems to be talking about.

The views and opinions expressed in posting are those of the author and do not necessarily reflect the views or position of the National Law Review, the National Law Forum LLC  or any of its affiliates.  

© 2020 Hennes Communications. All rights reserved.

ARTICLE BY Bruce M. Hennes of Hennes Communications