Podcast category: Best Legal Practices

ABA Journal: Asked and Answered

Is it time to leave your current job?

Are you unhappy at work? Is it time to leave your job, or should you look for other options to improve your current work conditions? Trust your intuition, and don’t beat yourself up with negative thoughts about workplace problems being all your fault, says Gayle Victor, a Chicago-area lawyer and social worker who counsels attorneys and their families. She spoke with the ABA Journal’s Stephanie Francis Ward in this month’s Asked and Answered podcast.

 Gayle Victor is a lawyer who also has a master’s degree in social work. She uses her unique perspective as a former attorney to provide counseling to attorneys and their families through CareForLawyers.com. Her practice is based in Chicago.

Special thanks to our sponsors Amicus Attorney.

Digital Detectives

Cyber Security for Small Firms and Solo Practices

In this episode of Digital Detectives, hosts Sharon Nelson and John Simek speak with Oklahoma Bar Association’s Management Assistance Program Director Jim Calloway about ways small firm and solo attorneys can improve their cyber security. Jim talks about the increased awareness of cyber security in the solo and small law firm community as a result of the recent news coverage of data breaches occurring in a variety of companies. This level of visibility and growing pool of attorneys who have personal experience with someone who has had a data breach or digital disaster has cultivated an understanding that a compromised database or dead computer can put the entire law firm out of business. He states that seeing these large companies being compromised can often cause small firms with much smaller budgets to question if there is anything they can do to protect themselves. Jim points out that attorneys running their own firms or small businesses have a duty to supervise their employees and provides his 5 top cyber security tips to help these very firms and solo lawyers protect themselves, their clients, and address the importance of physically securing company laptops and other mobile devices. He closes the interview with an analysis of the risks and rewards of utilizing cloud-based practice management tools designed specifically for legal professionals and his advice for law firms who feel that they can’t afford to adequately secure themselves.

Special thanks to our sponsors, PInow and SiteLock.

On the Road

ABA Annual Meeting 2016: President Linda Klein’s Year To Come

“I went to law school because I wanted to help people” ~ Linda Klein

The ABA Annual Meeting marks both the end and beginning of leadership as the organization marches into the future. This time On The Road, hosts Lynae Tucker and Chris Morgan, the student editor and the 12th Circuit Governor for the ABA Law Student Division sit down with incoming ABA President Linda Klein, who is the 140th person to head the American Bar Association, at the 2016 ABA Annual Meeting.

They discuss Linda’s early pro bono work for the elderly and her upcoming programs designed help our nation’s veterans. In addition, Linda tells us about her decades long involvement with the American Bar Association and how forging early relationships helped guide her career. She encourages lawyers to volunteer and citizens to vote. In addition, she believes that lawyers need to play a part to ensure the next generation receives a good primary education.

Linda Klein is the current President of the American Bar Association. In her practice life, she is managing shareholder for the Georgia offices of Baker, Donelson, Bearman, Caldwell & Berkowitz, LLP. She has practiced law for over 30 years in Atlanta focusing on dispute resolution practice, in the areas of construction, pharmaceutical, and education law. Over the years, she has held many leadership positions at the American Bar Association including Special Advisor to the Standing Committee on Membership, Special Advisor on the ABA Program, Evaluation, and Planning Committee, Member of the Women Rainmakers Committee, and many more.

Thinking Like a Lawyer - Above the Law

Pokémon’s Evolving Legal Landscape

Joe and Elie chat with Drew Rossow of the law office of Gregory M. Gantt in Dayton, Ohio, and author of Gotta Catch… A Lawsuit? about the legal challenges surrounding Pokémon Go. It’s worth noting that technology moves fast, and since recording this episode, Niantic has released updates via Pokemon Go that have begun to address how both players and businesses can “opt out” and “opt into” the game, along with addressing some safety concerns with more interactive disclaimers.

On the Road

ABA Annual Meeting 2016: Emerging issues in Law Enforcement and National Security

This time On the Road at the 2016 ABA Annual Meeting, host Joe Patrice speaks with Alsop Louie Partners “partner” Gilman Louie, Electronic Privacy Information Center President and Executive Director Marc Rotenberg, and Advisory Committee for the American Bar Association Standing Committee on Law and National Security Chair Harvey Rishikof about emergent technology’s effect on law enforcement and national security. Mark shares that listening to the FBI director talk about the problems he’s encountering with encryption and how these issues make it more difficult for law enforcement agencies to gain access to evidence was a very interesting portion of the “Emerging Issues in Law Enforcement and National Security” panel. He states that It’s better to have stronger encryption because we’re no longer simply talking about privacy and surveillance, but rather the internet of things and you want that to be secure because it’s a matter of public safety. Gilman emphasizes that law enforcement agencies have many more tools today than they did 10 or 15 years ago simply because of digital exhaust and that, despite challenges to reading encrypted messages, it’s very hard to operate without leaving a digital footprint. Harvey explains that cyber threats fall into four categories: criminals, “hacktavists”, espionage, and war, and that delineating those statutory regimes is incredibly complicated. The group discusses why tracking, attributing, and classifying cyber attacks requires such caution, and they close the interview with an analysis of machine learning and online algorithmic transparency.

Gilman Louie is a partner at Alsop Louie Partners and the founder and former CEO of In-Q-Tel, a strategic venture fund created to help enhance national security by connecting the Central Intelligence Agency and U.S. intelligence community with venture-backed entrepreneurial companies. He completed the Advanced Management Program/International Seniors Management Program at Harvard Business School and received a Bachelor of Science in Business Administration from San Francisco State University.

Marc Rotenberg is president and executive director of the Electronic Privacy Information Center (EPIC) in Washington, DC. He teaches information privacy and open government at Georgetown Law and frequently testifies before Congress on emerging privacy and civil liberties issues. He testified before the 9-11 Commission on “Security and Liberty: Protecting Privacy, Preventing Terrorism.” He has served on several national and international advisory panels, and currently serves on expert panels for the National Academies of Science and the OECD. He is a graduate of Harvard College and Stanford Law School, and received an LLM in International and Comparative Law.

Harvey Rishikof is currently chair of the Advisory Committee for the American Bar Association Standing Committee on Law and National Security and serves on the Board of Visitors for the National Intelligence University (NIU). He was a Professor of Law and National Security Studies at the National War College (NWC) in Washington, DC. and is the former chair of the Department of National Security Strategy at the NWC. He specializes in the areas of national security, civil and military courts, terrorism, international law, civil liberties, and the U.S. Constitution.

On the Road

ABA Annual Meeting 2016: Korematsu v. United States

This time On the Road at the 2016 ABA Annual Meeting, host Kareem Aref speaks with founder and executive director of the Fred T. Korematsu Institute Karen Korematsu about her father’s landmark case, Korematsu v. United States. Karen explains that the case challenged the military orders and the constitutionality of the Japanese American incarceration during World War II and that In 1983 evidence was found that proved there was no military necessity for the internment. She recalls growing up in Oakland, California, being blamed for the attack on Pearl Harbor, and the bullying and discrimination she and her brother suffered because they were Asian American. It was not until she studied U.S. history as a junior in high school that she was made aware of the Korematsu v. United States case and her father’s 1944 Supreme Court hearing. Karen compares the societal attitude of her youth to the political climate of today and discusses the recent evocation by a Virginia mayor of Roosevelt’s 1942 Executive Order 9066 during his call for area governments and nongovernmental agencies to suspend and delay any further assistance to Syrian refugees. She closes the interview with examples of how her organization fights bigotry through education and her thoughts on what we can do today to avoid the mistakes of the past.

Karen Korematsu is the founder and executive director of the Fred T. Korematsu Institute and the daughter of the late Fred T. Korematsu. In 2009, on the 25th anniversary of the reversal of Fred’s WWII U.S. Supreme Court conviction, Karen established the Fred T. Korematsu Institute.  In May 2013, Karen became executive director of the Fred T. Korematsu Institute and led its transition in July 2014 to become an independent organization fiscally sponsored by Community Initiatives.

On the Road

ABA Annual Meeting 2016: Law School and Writing Legal Dramas for Television

This time On the Road at the 2016 ABA Annual Meeting, host Sandy Gallant-Jones speaks with former federal prosecutor, producer, and author Jonathan Shapiro about his work writing legal dramas for television. Jonathan gives a brief synopsis of his legal background as a federal prosecutor in the U.S. Attorney’s Office and talks about the path that led him to become of counsel at the law firm of O’Melveny & Myers. He reminisces about his early career, meeting his wife, Betsy Borns, and selling his first script to writer and producer David E. Kelley. The work of writers, he says, is to use their experience to create new material, and he discusses how this relates to his new book, “Deadly Force,” and his current show, “Goliath.” Jonathan closes the interview with an analysis of the high numbers of alcohol abuse among attorneys and his suggestions on how law schools can better teach students to form cogent persuasive arguments and revitalize the nobility and idealism of the legal profession.

Jonathan Shapiro has spent the last 16 years writing and producing some of television’s most iconic shows, including “The Blacklist,” “The Practice,” “Life” and “Boston Legal.” He has won an Emmy, Peabody, and Humanitas Award and also authored “Liars, Lawyers, and the Art of Storytelling” (ABA Publishing) and the novel “Deadly Force” (Ankerwycke Press). Prior to writing for television, Jonathan spent a decade as a federal prosecutor and as an adjunct law professor at Loyola Law School and the University of Southern California’s Gould School of Law. He is a member and the former chairman of the California Commission on Government Economy and Efficiency, as well as the founder and director of the Public Counsel Emergency for Torture Victims. He is a graduate of Harvard University and Oxford University, was a Rhodes Scholar at Oriel College, and received his law degree from the University of California, Berkeley School of Law.

On the Road

ABA Annual Meeting 2016: Minefield in the Modern Employee Handbook

There are many legal and cultural issues that need to be addressed in an employee handbook, including accommodation for certain classes of people, wages and overtime, confidentiality issues, and many more. Unfortunately, lawyers can often overlook the importance of catering their firm’s handbook to their employees. In this On the Road report from the 2016 ABA Annual Meeting, Legal Talk Network producer Laurence Colletti interviews Kate Bally, Matthew Schiff, Michael Lotito, and Sierra Spitzer, speakers from the conference’s panel “Minefield in the Modern Employee Handbook.” Together, they create awareness about the most important and often ignored laws and best practices for creating an effective employee handbook. Matthew explains the mistakes many lawyers make when taking their handbook from a previous firm. He also discusses exempt and non-exempt employees with regards to overtime laws. Michael goes into the National Labor Relations Act and why it actually does apply to lawyers, despite a belief to the contrary. Kate talks about LGBT and Title VII of the Civil Rights Act of 1964, accommodation for disability, religion, and pregnancy, wage and hour rules, and state specific issues. Sierra Spitzer concludes the interview with thoughts on how to balance the law and culture in a law firm employee handbook.

Kate Bally is the director of Labor and Employment Service, Practical Law at Thomson Reuters. Kate has her J.D. from the University of Virginia School of Law.

Matthew Schiff is a labor and employment partner at Sugar Felsenthal Grais & Hammer LLP where he counsels clients in all aspects of employment and labor relations. He has his J.D. from Boston University.

Michael Lotito is the co-chair of Littler’s Workplace Policy Institute which provides advocacy services for clients, associations, and policy leaders on all workplace concerns. He has his J.D. from Villanova University School of Law.

Sierra Spitzer is a partner at the law firm of Schwartz Semerdjian. Sierra has been practicing law in San Diego since 2004 with a focus on labor and employment issues, personal injury, and business litigation on behalf of both individuals and business entities. She has her J.D. from Santa Clara University School of Law.

The Florida Bar Podcast

Making Legislative Amendments to Rule 4-7.22

In this episode of The Florida Bar Podcast, hosts Renee Thompson and John Stewart talk with The Florida Bar Board of Governors Eighth Judicial Circuit representative Carl Schwait about the legislative amendments recently made to rule 4-7.22. Carl explains that the relationship of lawyers to clients and their procurement is much more guided through the internet today than it has been ever before. This shift in how the public seeks out legal services has brought a whole new group of for-profit companies and corporations into the legal marketplace whose chief aim is to match lawyers and clients. The Florida Bar declared a few issues that these changes now present to rule 4-7.22 and The Florida Supreme Court did not agree with some of these stated issues requesting that the bar go back and reevaluate the rule. Carl explains that their goal was to prevent for-profit matching services from arguing with the board of governors over whether they were a directory, a lawyer referral service, or some other entity and that most of these organizations didn’t want to be classified as lawyer referral services at all. The bar wanted to do away with all naming conventions and solidify the classification of these companies as qualifying providers so that every entity or person who was in the business of matching attorneys and clients would all fall within their rules. He emphasizes that The Florida Bar does not oversee qualifying providers and that their rules are to the lawyers who participate in this matching program in order to better protect the public. Carl closes the interview with an analysis of how these changes impact voluntary bar lawyer referral services, why the malpractice insurance requirement was removed, and how The Florida Bar might proceed if The Florida Supreme Court asked for oral arguments on these rules.

Carl Schwait is a North Central Florida mediator, businessperson, educator, Florida Bar leader and former public servant. Rated AV by Martindale-Hubbell and named to Florida’s Super Lawyers® for the last nine years, he has been a member of The Bar for over 39 years.

New Solo

CRM: Using Client Relationship Management in Your Law Firm

Client Relationship Management, or CRM, is a strategy implemented in business to maintain effective knowledge about and connections with your current, previous, and potential clients. Using technology, employees are able to nurture relationships with their clients by tracking conversions and setting notifications. But many lawyers, especially solos and small firm lawyers, aren’t using CRMs; they don’t know the potential value of these systems or even what they are. So why should attorneys bother learning about CRMs?

In this episode of New Solo, Adriana Linares discusses CRMs with Michael Chasin, co-founder and CEO of Lexicata, a law firm CRM and client intake software. Michael talks about the foundation of Lexicata and how it has helped many lawyers find and convert leads. He then explains how CRMs can help solo and small firm lawyers with client intake as well as marketing. By touching base with potential clients, we can create a positive, brag-worthy experience. In this way, clients will return with future legal needs and can also become great referral sources. Michael discusses how the right CRM can automate a significant part of this process, making your client feel attended to without taking up too much of your time. He finishes the podcast by talking about how lawyers should go about choosing the right CRM to build a foundation for the future of their solo practices.

Michael Chasin is CEO of Lexicata, a CRM and client intake software designed to help law firms and lawyers increase client satisfaction. Michael is also co-founder of both LawKick.com and Lexicata.com. He has his B.S. in Business Administration with an emphasis in Entrepreneurship from the University of North Carolina, and his J.D./M.B.A. from Loyola Law School.

Special thanks to our sponsors, Solo Practice University and Clio.

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