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Well, we reached the end of the month, November is almost gone. The shopping craze for Christmas began last Friday and is going strong. With four weeks to go before the big day, I am sure everyone out there is stressing to find the right gift for all those special people on your list. Here at Lawline.com we are all about relieving your stress, so we thought we could help you out a bit. This week’s edition of the Friday Five is all about the best gifts this holiday season.
TOP 5 GIFTS FOR YOUR FELLOW ATTORNEYS AND CO-WORKERS
1. Paralegals. Sick of your paralegals? Give them away! We all know that paralegals and assistants screw things up from time to time. You don’t need them wasting your time doing something wrong anymore. Pass them on to another attorney in the firm. Tell them how hard they work, and how much fun they are, but that you just don’t need them anymore. That way you don’t have to fire anyone, but you can still replace them with someone better.
2. CLE Credits. Now I don’t mean actually giving them the certification they need for the year, that would be against the rules in every single state. I mean you can log on to Lawline.com and sign up for a block of credits with the Law Firm Discount plan. Then say, “Hey Bob, want to share some of my CLE credits.” This way, you are giving the gift of education, and getting a discount for yourself. Selfish? Yes. Smart? Of course.
3. Billable Hours Counter. See also: stopwatch. This will make it easy to clock in and out of working on a case without tallying it all up everyday. Your friend will easily be able to track all the hours spent on a case with the push of a couple of buttons. How nice is that?
4. Breath Mints. Let’s face it, the majority of attorneys spend most of each day talking. Whether it is to clients, potential clients, witnesses, judges or juries, it would help to make sure your breath is as fresh as possible. May I recommend a whole case of whatever minty delights you can get your hands on. Buying in bulk saves money.
5. A Law Suit. I have to admit, I stole this idea from the movie Philadelphia. Take an old suit that you are never going to wear again, rip out the pages of a law book you are never going to read again, attach with glue or tape, and wrap. You have just given one of the funniest gag gifts that money can’t buy.
While I understand that you may look at each one of these ideas and think they are stupid, remember, it’s the thought that counts. I am trying to keep you out of the stores and out of the crowds. So before brushing these ideas out of your mind, just make sure you realize that I am always trying to help. Happy December!
Weekly Attorney Malpractice Update Posted: November 29th, 2007 By: Andrew Bluestone, Esq. Category: Attorney Malpractice, SHOWCASE CORNER, The News Beat
Cases this Week in Legal Malpractice
1. Rechberger v. Scolaro, 2007 NY Slip Op 9277, FOURTH DEPARTMENT
This case points out the principal of privity between individuals, corporations and the attorneys. Defendant met its burden by establishing as a matter of law that it had no attorney-client relationship with plaintiffs. Contrary to the contention of plaintiffs, their unilateral belief that they had an attorney-client relationship with defendant does not by itself confer upon them the status of clients. Also contrary to plaintiffs' contention, defendant's representation of a corporation of which plaintiffs were shareholders does not establish that defendant had an attorney-client relationship with plaintiffs, in the absence of documentary evidence to the contrary.
2. Resnick v Zurich North America, 2007 NY Slip Op 9218, SECOND DEPARTMENT
This case is about notifying the legal malpractice carrier of a potential case. Carriers have increasingly been able to avoid or disclaim coverage on the basis of lack of notice.
“Plaintiffs in the underlying case moved to vacate a default saying that they had been prevented from serving and filing a note of issue by a stay issued in a bankruptcy proceeding However, in opposition to the motion, it was revealed that, in fact, the bankruptcy proceeding was not filed until June 2000, more than two years after the order directing the service and filing of a note of issue, and approximately a year-and-a-half after the Sapir action had been dismissed. In July 2003 the Supreme Court denied the plaintiffs' motion to vacate the The defendants disclaimed coverage based on the plaintiffs' failure to have provided timely notice. The defendants contended that the plaintiffs were or should have been aware of a potential malpractice claim no later than July 2003when their motion to vacate the default in serving and filing a note of issue in the Sapir action and to restore the case to the calendar was denied.”
3.. Wallenstein v. Cohen,2007 NY Slip Op. 9023, SECOND DEPARTMENT
This case illustrated the collateral estoppel or res judicata effect of an attorney fee dispute ruling on a later legal malpractice case. In short, any award of a fee to the attorney [whether 100% or $1] follows this rule: “The determination fixing the value of the defendants' services necessarily determined that there was no malpractice.”
4. TVGA Engineering Surveying Inc. v. Gallick, 2007 NY Slip Op, 8491, 4th Department
“A cause of action for legal malpractice must be based on "the existence of an attorney-client relationship at the time of the alleged malpractice"; while a cause of action for breach of the fiduciary duty of an attorney extends both to current and former clients and thus is broader in scope than a cause of action for legal malpractice. As a result of an attorney's fiduciary duty, the attorney may not represent parties whose interests are adverse to the attorney's former clients in matters that are substantially related.
Legal Malpractice News This Week
The NYLJ reported a Court of Appeals case today which permitted a law firm to charge hourly rates followed by a contingent fee. Not so remarkable, perhaps, but the numbers are staggering.
In Lawrence v. Miller, the law firm billed $ 18 million in hourly rates, asked for and received $ 5 million in “gifts.” After that they negotiated a 40% contingent fee from the elderly widow. Their contingent fee promises to be in the $ 40 million range.
Ex parte interviews of non-party physicians can now be required by the court. This effectively means that when a plaintiff starts a medical malpractice case, all of his non-defendant treating physicians not only have to give up their records, but plaintiff may be required to sign HIPPA releases allowing the defense attorney to speak privately to the non-party treating physicians. No notes need be given to plaintiff.
We wonder how long before attorneys do the same thing to prior and subsequent attorneys in legal malpractice cases.
Milberg Weiss is a defendant in a $40 million legal malpractice law suit brought by Sam Wiley, who himself is described as a “colorful Texas billionaire” The action comes after a class action case which never reached court, and was settled, prematurely says the plaintiff.
Finally, the US Supreme Court seems ready to defer to criminal defense attorneys and state court determinations of ineffective assistance of counsel. In the case of Arave v. Hoffman, the Supreme Court will weigh the obligation of lawyers to explain to their clients the consequences of not accepting a plea agreement.
Everywhere you look today, some new business or service is being outsourced to countries with cheaper labor and skilled technicians. Countries like India and China have a much larger role in US based industries than ever before. One area of law that is now being outsourced is e-discovery and document review. The reason is simple: save money by paying an Indian attorney who earns half as much as his US counterpart to search through hundreds and thousands of documents. But the answer is not always that simple.
Jim Wagner, CEO and Co-founder of DiscoverReady LLC, has personal experience dealing with e-discovery outsourcing. His firm, which assists many large Fortune 100 clients with the e-discovery process, first started looking into outsourcing a few years ago, citing cheaper labor as the main reason. However, there are many things you have to consider before making the jump off-shore. For instance, Indian attorneys may not be able to review documents as fast as Americans because of technology gaps, language barriers, etc. Be sure to weigh the total costs of a project, instead of simple per hour costs of review, or else you could be in for a surprise when you review your budget.
Jim talks about some other major things to consider before making the decision to off-shore your document review. For instance, there are many other ways to save money, if that is your only reason for choosing to outsource. You can cut down the number of employees or custodians’ email to read. Make sure the process you are using is as efficient as possible. Sending the process to India should be a final option and not something that you decide to jump right into.
In the video interview below, Jim tells Lawline.com a little about his own experience with document review in India. Please click play below to enjoy the 8 minute video.
In a continuing effort to help lawyers learn how to better market their websites and increase their online presence, Lawline.com has created a video series of how-to guides. Part 2 of Lawline.com’s series is entitled An Intro to Blogging for Lawyers. In the following video we discuss the importance of blogging and some of the basic ways to get started. It is no secret that everything we do in the world is shifting to the web, and this is a major form of communication that cannot be ignored by any professional who hopes to reach potential clients or customers.
Some of the major reasons to start blogging are to increase the amount of content you put online and to help improve your search engine rankings. Search engines like blogs because they constantly get updated and keep content fresh. It is important to add to your blog often, keep it current. Blogs are special because they add the ability to create many links to your site and other relevant sites like yours. In addition, other sites will link to your blog as a reference. This is all helpful for search engine optimization.
To get started the best thing you can do is a find a blogging service that matches your budget. There are many companies out there that have built blogs that are easily duplicated and cost little to add to your site. These services are good because they allow you to create the look and feel of an established blog right away. And once you have it set up, just start writing. Take a few minutes each day or week to write something short and to the point. It is up to you what to write about, just know your audience and create something they would be interested in reading. That will create an increase in traffic to your site, add to your “online brand”, and get your site ranked higher.
I know, I know, it’s only Wednesday. But it’s a special week. With Thanksgiving tomorrow, we thought it would be better for everyone if this week’s Friday Five turned into the Wednesday Five. This way you can sleep in on Friday to nurse the full belly, instead of excitedly waking up to see the top five list you have been thinking about all week.
TOP 5 REASONS FOR LAWYERS TO GIVE THANKS
1) ONLINE CLE. The fact of the matter is that CLE is now mandatory in 41 states nationwide. Soon, that number will increase to 50. It is already in the works. And even though this is an important step toward furthering the knowledge of every attorney, it can still be a hassle to get all those hours done on time. Thankfully, now you can complete almost all of your CLE credits online with the use of new media. This makes the CLE experience easier and less time consuming, so you can focus the rest of your time on your clients.
2) THE BILLABLE HOUR. The average hourly wages for attorneys is rising. In New York City this year some of the top attorneys in certain fields just topped $1000/hour. That means that the lower wages are going to start to come up as well. This is one reason that anyone seeking an attorney might not be so thankful. But for you lawyers out there, its money to be made.
3) STUPID COMPANIES. Even the smartest and most knowledgeable corporations in the world are bound to screw up from time to time. And as a lawyer, that makes it easier to go after them with lawsuit after lawsuit. Some of the big name companies that were in court in the past year are Apple, Merck, Mattel, Microsoft, and many, many more. Almost every company who did anything this year faced some legal issues because of it.
4) STUPID JURIES. Lawyers and Weathermen are the only two professionals that I know of that can be very successful without ever being right. A talented lawyer has the ability to win cases whether or not he is correct. And since the legal system in the US puts 12 average citizens in charge, you just have to be the most convincing lawyer in the room. With simple tools and tricks you learn along the way, you can become a better lawyer by learning how to talk.
5) STUPID CLIENTS. There are so many people out there looking for legal advice. People are willing to pay you incredible amounts of money to help them out of a jam, try to win a chunk of change, or just assist them with legal things they know nothing about. Most clients can be so ignorant that you can drag them along for as long as you like if you convince them good things are coming for them. Again, you can control the outcome of a situation that is generating you more money.
So basically it wraps up like this. Thank the world for being imperfect, thank people for being ignorant, and thank Lawline.com for Stress-Free CLE. Thank you for reading. Happy Thanksgiving!
Fernando M. Pinguelo, a partner at Norris McLaughlin & Marcus, has developed a lecture series called Legal TIPs: Topics in Perspective. The series was created to give busy people a quick and easy to understand explanation of legal issues that may affect them on a day to day basis. Each topic is covered through a group of 9 questions that get right at the heart of the matter, including what each issue means to various people.
We spoke with Fernando and asked him to share with us his most recent presentation, entitled 9 Things Your Business Needs to Know about Jury Waiver Clauses in Employment Contracts. Below you can find a podcast recording of Fernando’s presentation.
Jury Waiver Clauses, as they relate to employment contracts, are terms in a contract that waive the parties’ right to have their grievances decided by a jury. “They can help insulate employers from irrationally inflated damage rewards, minimize an employee’s emotional appeal, reduce the time and cost of trials, help avoid frivolous claims, and increase employers’ leverage when it comes to negotiating with plaintiffs’ attorneys.”
It is important for employers to know whether or not to use jury waiver clauses within their business and what some of the major issues surrounding jury waiver clauses are. Fernando outlines the basic things every employer should know as well as the benefits and actions you can take to put them in place.
Click Play below to listen to Lawline.com's podcast presentation with Fernando M. Pinguelo.
We are now officially more than halfway through the football season and the NFL playoffs are starting to take shape. There has been some incredible action already and it is sure to continue down the stretch. Here at Lawline.com, we like to take a look at everything from a lawyerly point of view. In that regard, here is a special Friday Five look at some interesting football related cases. Enjoy.
TOP 5 NFL LAWSUITS THAT NEVER HAPPENED
1) GUS FEROTTE V. THE WALL. I am sorry to say that I was at this game. The Giants were on the road taking on the Redskins. Gus Ferotte was the quarterback in Washington at the time (don’t ask me why), and he miraculously found the endzone on a short scramble to the outside. But somehow, he didn’t know it was time to stop running and he gave the back wall a head butt. And this act of stupidity sidelined him for the rest of the game and the next couple of weeks with a pinched nerve. Now that I think about it, a better lawsuit would have been the fans vs. the players in this game, which featured a 7-7 tie and the NFL record for most punts.
2) BILL GRAMATICA V. GRAVITY. One half of the Gramatica brothers is a kicker, the other half was a kicker. Bill was famed for jumping up in the air like an idiot to celebrate every field goal try that went successfully through the posts. And most of the time it was how stupid he looked that would draw attention. But one infamous day, his landing did not go as planned and he tore his ACL, sidelining him for the rest of the season and basically costing him his career in the NFL. Oops.
3) JOE THEISMAN V. LAWRENCE TAYLOR. This one is difficult to talk about because it makes me think about the brutal image of Theisman’s leg being snapped in half when LT landed on it. And even though it ended Joe’s career, I think it is more important for this one to be settled out of court. Just for the simple reason that an entire court room would have to watch video evidence of that play over and over again. Besides, LT has been in enough legal trouble over the years.
4) LEON LETT V. DON BEEBE. This case is a little more serious than the others. The charge here is Grand Theft Pigskin. When Don Bebee miraculously caught Leon Lett and knocked the ball away as he was dancing his way into the endzone, he stole the football, a touchdown, Leon’s dignity and his manhood. Nobody (besides Bill Gramatica) has ever looked so stupid on a football field. And this one was in a Super Bowl, so practically the entire country saw it. Though I do feel bad, many defensive linemen never get a chance to score a touchdown. So, it’s tough to say better luck next time.
5) ** ’72 DOLPHINS V. ’07 PATRIOTS. I put an asterisk next to this one because it is based on future events turning out as I predict. The Patriots will most likely go undefeated this year, making only the second time in the history of the league that a team has done that. And if I am not mistaken, the 1972 Miami Dolphins trademarked 17-0. So I smell an infringement case brewing.
Since this was a fictional look at some lawsuits that did not, and could not happen, we realize we had to leave out some real law related issues surrounding football. We apologize to Mike Vick, Pacman Jones, Orlando Brown (the guy who got blinded by a penalty flag thrown in his eye), and everyone being investigated for steroids. Hopefully they are not too upset about not making the list. Game on!
1. GML v. Cinque, 2007 NY Slip Op 7912, Court of Appeals Question of Tennessee or NY statute of limitations in a legal malpractice case. CPLR 202 did not allow the Tennessee statute to toll the claim. Borrowing a sister state’s statute of limitations is the province of “choice of law” which is a rather esoteric law school subject. For our purposes, which state’s law should be applied depends, mostly, on where the action is brought.
2. Maxon v. Woods, 2007 Slip Op 8614 [4th Dept., 11/9/07]. Plaintiff asked to disqualify defendant law firm from representing a non-party witness. Sup. Ct. held that the witness had a right to select his own attorney.
3. TVGA Engineering PC v. Gallick, 2007 Slip Op 8491 [4th Dept,11/9/07]. Plaintiff sues law firm for “providing legal advice to a third party that conflicted with and was detrimental to plaintiffs.” Court discusses difference between legal malpractice tort [more restricted] and legal malpractice breach of contract [less restricted], and how they play out with regard to current and formed clients. “A cause of action for breach of fiduciary duty of an attorney extends to both current and former clients, and thus is broader in scope than a cause of action for legal malpractice.”
4. Federal Ins. Co v. North Am. Specialty Ins. Co., 2007 Slip Op 8391. Appellate Division reverses and determines that there is no privity between re-insurer and law firm defending underlying construction accident. Good discussion of the relationship between trial counsel and insurers/re-insurers.
5.Cooper v. Kelner & Kelner, 2007 Slip Op 8381. Attorneys demonstrated that there was no “but for” aspect to the case. They sued Carnival Cruise Lines for a trip and fall over loose carpet. This was, the AD said, mere speculation, and when the underlying case failed, it was not legal malpractice.
News this Week in Legal Malpractice
The attorney judgment rule generally allows lawyers a wide range of decision making power. The general rule is that an attorney may not be held liable for a strategic decision which was objectively and subjectively reasonable. This does not mean that the decision had to be correct, merely reasonable.
In a Michigan case, Bowman v.Gruel Mills Nims & Pylman, 2007 WL 1203580 (W.D.Mich, 2007] the court discussed this general principal, adding that when the attorney violates ethical rules, his defense is no longer good. The ethical violation was failing to inform the client of events.
A legal malpractice case against Kaye Scholer was dismissed. With an all Long Island case of attorneys, Kaye Scholer correctly contended that they were never retained by the plaintiffs, and had no attorney-client relationship with them - Case dismissed.
Finally, in New York a family tragedy - One brother is a partner, the other brother now a criminal defendant. The accusation is that one brother stole large sums from the escrow funds by forgery. In this case, he created false bank statements, and over the years, brought these art duplications to firm meetings, fooling everyone. Now, he awaits trial, and the partner-brother looks for an explanation. The law firm is Galasso Langione & Botter.
Here at Lawline.com we have had the privilege of working side by side with many lawyers and law firms.Through those interactions, we have learned that many lawyers out there have a few complaints when it comes to marketing and business development.More specifically, we have been asked by many lawyers to help them better market themselves online.We figured that if the lawyers we talked to needed help, so did many others across the country.That was the premise for the Lawyer’s Guide to Marketing Your Website, a series of videos and podcasts designed to help teach lawyers how increase their online visibility.
The first part in this series is an introduction to search engine optimization. Search engine optimization (SEO) is all about making your website more search engine friendly, leading to better rankings in Google, Yahoo, Ask, and other popular search engines.This will increase traffic to the site and hopefully lead to more business for you.For lawyers, it is important to get your name or firm name out to the public as much as possible to reach new clients daily.This is an example of how you can do that very easily.
In the video below we will go over a simple 5 step process to getting started.Step 1 is simple, set up a plan and a timeline for what you would like to accomplish in terms of SEO.Be realistic because this is a process that will take time and effort on your part.Step 2 is to select important keywords that you would like to rank more highly for.These keywords should be specific phrases that people are searching to get to your website.It is important to remember that general phrases are going to be more difficult because there is more competition.
Step 3 is to use those keywords everywhere.Your website is full of places to put keywords, including but not limited to text, links, images, titles, descriptions, and Meta tags.The more these keywords become a relevant part of your web pages, the more a search engine like Google will see them.Step 4 is to actively set up a link network.Links to your site are one of the most important factors in ranking highly.Your site becomes credible if other sites refer to it as a source of information.And finally, the last step, though very cliché, is to stick with it.SEO is a continual process of staying ahead of the game.The rules will change from time to time and it is important not to get caught with a stale website that search engines lose track of.
Please enjoy the video below and look for Part 2 of our series on marketing your website next week.
Last week, Merck agreed to settle the bulk of its remaining lawsuits for $4.85 billion. This comes more than three years after the drug was originally recalled after being linked with numerous health risks, such as heart attacks and stroke. The drug, originally touted as a more effective pain killer that was easier on the stomach than older drugs like aspirin, was recalled in 2004.
Merck, which had already fought and won 12 out of 17 Vioxx lawsuits, finally determined that it was far too expensive to try all 30,000 plus cases. The $4.85 billion dollar settlement will be put into a fund that will then be divided up among the remaining lawsuits. For those still seeking claims, the wait is not over yet. Individual cases will be heard to determine the amount of money paid to each claimant.
We spoke with Edward P. Milstein, Esq., an attorney working on the Vioxx case, about the settlement. He told us that the remaining claimants will need to be able to prove three things in order to receive money from the settlement. They need to prove through medical records that they suffered a heart attack or stroke, that they took at least 30 Vioxx pills, and that the heart attack or stroke occurred within 14 days of taking Vioxx. Please enjoy the podcast below with Edward Milstein and hear more about the settlement from a lawyer that is directly involved.
The settlement can be interpreted a number of different ways. For some, it means that they don’t have to wait to go to trial, which can be a welcome relief. They can now focus their attention on working out the details of their individual claim rather than proving the case against Merck. For others, there may be concern over how much of the $4.85 billion they will actually receive, especially after health insurance companies make their claims for reimbursement. Although the number is large, it gets significantly smaller when you consider the amount of claims, and the other fees and litigation expenses involved. There are still many details to be worked out and the process of distributing the funds will take years to complete, but for everyone involved this is a major step towards resolution.
Week in and week out, we are working hard to produce the most recent and highest quality CLE lectures for you. In this special edition of the Lawline.com Friday Five, I wanted to share with you some of the most recent courses we put together. These courses are available on the website and are featured as a part of our state bundle packages. Enjoy.
FIVE NEWEST CONTINUING LEGAL EDUCATION COURSES ON LAWLINE.COM
1) Intellectual Property from a Lender’s Perspective. In this course, Bryan Sugar covers the entire scope of Intellectual Property as it relates to the lender. He discusses the many different categories of intellectual property, as well as the many pitfalls associated with intellectual property collateral. The course will give any lawyer an in depth understanding of the rules and regulations associated with IP.
2) What’s Up with Prenups, Postnups & Cohabs. This CLE lecture covers all aspects of the laws surrounding prenuptial agreements, as well as postnuptial agreements and cohabitation agreements. Arlene Dubin, a prominent Matrimonial Law attorney as well as the author of “Prenups for Lovers”, discusses the different marital agreements thoroughly, while also providing examples of actual agreements made by celebrities and their significant others.
3) Basics of Operating an Online Business. Operating an business online has never been more popular than it is today. In this lecture, Olivera Medenica, introduces some of the major rules and regulations surrounding e-commerce. Drawing on her experience as an International Business and Intellectual Property attorney, Ms. Medenica discusses the opportunities and pitfalls found in introducing a business online. Included in the lecture are real life examples and cases that demonstrate the laws and regulations that govern internet business.
4) Fundamentals of Personal Injury Practice. Ron Katter, Esq. gives a step by step explanation of how to run a personal injury law firm. The online CLE video covers everything from obtaining clients to handling the investigation and bringing a case to trial. Throughout the program he gives numerous examples of personal injury law updates and he cites specific examples of personal injury torts. A terrific nuts and bolts lecture for the personal injury litigator.
5) Strategies for Litigation Communications. This course provides an overview to litigation communications. Litigation communications is about protecting and providing counsel to corporations and individuals facing litigation. Emerging media trends have made litigation communications that much more complex, as well as increased their importance. This lecture covers the emergence of 24 hour news, online journalism, blogs and global media. It goes over a simple 3 stage process to dealing with public relations communications and counsel that will help insure a more positive result.
Each of these five courses is offered in online streaming audio/video format as well as in downloadable MP3 format. This makes for a very Stress-Free CLE experience. Happy watching.
The learning process never stops. Continuing education is something that many of the world’s top executives and leadership coaches have preached to the people in their respective fields. Obviously there are certain professions where continuing education is mandatory, but there are certain topics and areas of life where advanced knowledge should be something we seek. That is the belief at TrueNYC.com.
The goal for TrueNYC.com founder David Schnurman was to create an online environment where learning never ends. The website is the start of a dialogue that can take someone in any line of work and teach them the entrepreneurial spirit that can lead to personal and professional growth. Through interviews and articles about successful entrepreneurs and innovative business minds, the learning process is made much simpler and more enjoyable than ever before.
For lawyers, the lessons learned in TrueNYC interviews are simple enough. You can learn how to grow and manage your professional life without getting stressed out. Managing employees and a growing client base is similar to starting a business. By listening to the challenges and obstacles faced by some of the most successful entrepreneurs in and around New York City, you can grasp the mindset that it takes to be successful. After all, success is a feeling and an attitude that we are all seeking in life.
In one of the most recent interviews, restaurant owner Vikas Khanna discussed some of the driving forces in his life that have led him to prosperity. The passion he has for his work and his food is the same type of passion we find in almost every successful businessman. If you are not confident in your abilities and your ideas, there is no way you can continue to develop and grow. “You can start at any level and rise,” expresses Vikas, “you have that feeling that you’re moving, going forward.”
In another interview, Richard Matasar, dean of New YorkLawSchool, discusses everything from building a law school to comparisons between law and the business world. “Nowadays many lawyers are finding that they have a solid grasp of the law but are lacking a background in basic business skills,” says Matasar.
The many other interviews and articles discuss topics like branding, sales, real estate, customer service, family, and much more.“We are creating a way for people to empower themselves through learning,” David Schnurman, founder of TrueNYC, says about the website. “It is a place where the desire to learn and grow is not only supported, but it is encouraged.” One thing that is obvious is that this could be the beginning of a trend in continuing education. Learning will no longer be looked upon as something feared or irritating because it takes away from other things in life; now it can be seen as a way to further enjoy everything else out there. It is a way to open up new doors and take advantage of new opportunities that were never available before now.
The world is full of new and exciting technologies that are changing the way we interact with each other and our machines.They are making the laws of time and space almost insignificant.We are able to communicate instantly across the world or keep track of the smallest details in the palm of our hand.All of the sudden, our entire lives are shifting to the web and web accessories.This is all happening so rapidly that no one seems to have a grip on all the new opportunities out there, especially the law.
The way we practice law in this country is all based on case law, precedent.And that has worked in every aspect through the years.But now, as more and more technologies become tangible and available, the law must act fast to keep up.Already we have seen the issue of peer to peer file sharing come under scrutiny.The first decision in a national file sharing case came two weeks ago when the music industry (a few recording studios) were awarded a large sum of money from an individual responsible for uploading numerous songs online.But there is so much more out there, and new things to come, that the law will be forced to test soon.
A few examples of this are the many new ways we have of communicating with each other.Online tools and services such as VoIP, blogs, wikis, and social networking communities have given a new voice to every single person.Now anyone with an opinion has a venue and a medium to be heard by thousands, even millions on a day to day basis.Certainly this calls into question the limitations of free speech.There is a bill in congress right now to ban certain topics from online dialogue.Is this constitutional?Only time will tell.
The one thing I know for sure is that the world is moving faster now than it ever has before.And that means our legal system has to move faster to keep up.This will lead to newer areas of law previously unheard of, with practices that have not even been developed yet.This is an exciting challenge that the law and our legal system will face in the not so distant future.Can we handle it?
Here is a staggering figure for you to think about: 75% of new associates switch firms within their first five years (NALP). This is not an exaggeration and it is not something to take lightly. While job-turnover these days is the highest it has ever been, it seems to be particularly high in the field of Law; it is no surprise that it is the young associates who contribute most to this astounding number.
So why the high turnover rate? For starters, it has nothing to do with the field or the firm, but rather, the generation of these young associates. The career mentality between the Baby Boomers and Generation X and Y differs tremendously. Whereas the idea of staying with one company to establish longevity and build up a pension was once an appealing goal, these days, young professionals want to go “wherever the money is.” Generation X and Y’ers are optimistic and confident in themselves; approaching them with assurances of “job security” and “promising career paths” won’t exactly pique their interest as much as “higher paychecks” will. In law firms, these young associates see the managing partners making the big bucks, yet those firm managers are also twice their age. On the other side, they see young entrepreneurs their age, starting online companies and making millions. It is important to remember that Gen X and Y’ers grew up in a fast paced environment where everything from clothes to concert tickets to better-paying jobs is just a click away.
So how do you keep them? Well, it’s easier said than done, but some firms are coming up with innovative ideas to give these young associates a better sense of job loyalty. Helping the associate pay off his/her student loans certainly sounds like an avant-garde idea, yet some firms see this as a great way to establish trust and a family mentality, thereby keeping the attorney at the firm. Some firms are even sending their young associates on priority projects (such as business overseas or top clients) to give them a sense of value to the firm. Other firms are beginning to ask more and more for the associates’ opinions and feedback on firm matters. While these young attorneys do not have much experience in the courtroom or in arbitrations, they have more than enough of a background in technology and internet matters, making their opinions on technological issues very important.
These days, everyone wants to be where the money is. The choice to join firm “Stay Grow & Prosper L.L.C.” or join firm “Money & Now P.C.” isn’t really a choice at all. While money will always be a deciding factor in choosing to leave a job, a firm can establish a sense of trust and empowerment with its young attorneys, to ward off “Money & Now P.C.” the next time they come calling.
We made it through one whole month. The Friday Five has officially left October and is entering November for the first time. There is a few things to look forward to this month. First of all, you are in for five of the best Friday Five blog postings you’ve ever seen. Second, Thanksgiving is just around the corner. And also, November contains one of the best non-holiday days to take off of the year. Here are the top 5 days to call in sick.
TOP FIVE DAYS OF THE YEAR TO TAKE OFF
1) The Day after Thanksgiving -Turkey is not the best food to eat if you want to be in a get up and go mood - I think we all know that. So do yourself a favor and take the day off after you stuff your face with all the Turkey you can carve. Better yet, just eat it off the bone and enjoy your four day weekend.
2) January 2nd - There is no way you should go to work on a day that you will be nursing the only two-day hangover of the year. After all, you just rang in the New Year. There are still 363 more days that you can set the alarm and head into the office. Not today, do yourself a favor and sleep until at least 9:30.
3) July 5th - Fireworks and barbeques galore will take you right through the night, so you should just consider the 4th of July a two day holiday. This is my prediction for the next national holiday to be named by Congress. Get out and enjoy nice summer weather and forget about work for an extra day.
4) Your Birthday - This is one of the most important days of the year. Let’s face it, most likely no one at the office knows or cares that this is the anniversary of you coming into the world. Maybe they know, maybe they’ll bring in cupcakes, and maybe they’ll sing. That still can’t beat a nice day lounging around the house and then a night out with friends. It’s your day and only your day, so ease through it.
5) The Day after your Birthday. While the rest of the days on this list are spread out through the year, I had to throw this one in to give you two days in a row. It’s one thing to take a day off that everyone else gets off too. It’s another thing all together to take a day off knowing that everyone else is killing themselves at work. I would even prank call the office just to make sure they are as miserable as you thought they would be. Make it count.
While you’re enjoying the day off, for any reason you can come up with, why not watch an online video or two? As long as you are watching an online video, why not make it count toward CLE credit? And as long as it counts toward CLE credit, why not do it with Lawline.com? Happy November!
