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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.

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.

Click Play Below to Play the Podcast.

Lawyerpreneur.  It is a word that seems to be coming up more and more.  The word was coined by Nader Anise in 1999 to describe a solo or small practice attorney trying to run his own practice.  And it means exactly what you think it means, a lawyer who is also an entrepreneur.  After all, running your own small practice is a lot like running a small business.  If only more attorneys took that mindset, suggests Nader, they would have a better chance to be successful.

I spoke with Mr. Anise, who runs Nader Anise Lawyer Marketing, a full service marketing firm for lawyers and law firms, about some of things that lawyers must do to be successful in growing a small practice.  Much like when an entrepreneur comes up with an idea for a new business, lawyers need to find a way to distinguish themselves from the competition.  There are plenty of needs out there that are not being addressed by the many law firms vying for new clients.  The key is to find a market, or even create one, and then focus your efforts.  Too many lawyers try to be everything for everyone and end up suffering because of it.

Once you have a target market, running the law firm is much like running the small business.  Some of the same keys for survival hold true.  Such concerns as managing employees, project management, dealing with time constraints, direct mail and other marketing activities are vital for the success of any growing practice.  For many lawyerpreneurs out there, this can be even more important than actual skill in law, because it requires a different type of knowledge and expertise.

Please enjoy the podcast of Lawline.com’s interview with Nader Anise below. 

For so many lawyers, marketing is the last thing on their minds.  It is easy to see why this is the case.  First, time spent marketing is time spent away from working on cases and earning money.  The rewards for the time you spend marketing does not show up in the bottom line as billable hours do.  And second, marketing is not something that many lawyers learned or have experience in.  Therefore, marketing to go out and get more clients gets put aside until things get desperate.

In actuality, marketing is the most important aspect of business development for every law firm, from the big firms to the solo practices.  Educating yourself and taking risks on the marketing side of the business is so important to growing your practice.  Christy Burke, founder of Burke & Co., writes a column about lawyer networking and business development for a publication called Marketing Your Law Firm.  Lawline.com invited Christy to talk with us about some of the tips she gives lawyers and law firms.

One major recommendation is to use lunchtime as a chance to meet with contacts and potential clients to create a relationship and open the lines of communication.  It is important to develop a working relationship, and continue to network to increase the amount of relationships you create.  Marketing is truly a numbers game, and too many lawyers limit the amount of people they talk to and deal with.  Getting yourself out there and branding your name and your practice will allow you to reach more people.

Of course, there are many different ways for lawyers to market themselves.  For more of Christy Burke’s tips, please enjoy Lawline.com’s interview with her below.

Hyper-competition.  It’s a scary thought.  But it is the reality of the world we live in, and it exists in almost every industry out there.  For lawyers, it means that reaching potential clients and leaving a lasting impression is more important than ever before.  One important tool to help you formulate a powerful message is a unique value proposition, an introductory message that distinguishes the benefit and value of working with you.  It is important for any attorney to have a memorable message that they can use to establish themselves as unique and valuable to their clients.

Nancy Fox, the founder and president of Fox Coaching Associates, has developed a simple 3 step process to developing your own unique value proposition.  Fox Coaching Associates is a business geared towards coaching and training organizations specializing in business development, leadership, and professional excellence.  Nancy recommends following this process, and even outlines the basic ingredients needed to get started.  She discusses the three steps in depth in the podcast accompanying this article.  Here is a brief description of the process:

Step 1 – “Stop them dead in their tracks” opener

·         Use bold words

·         Powerful statements

·         Make it magnetic

Step 2 – What’s in it for them?

·         Statement of benefits

·         Address their wants and needs

·         Give a clear picture of why they want what you have to offer

Step 3 – How are you unique from everyone else in your field?

·         What makes you better than your competition?

·         What do you provide that is different?

·         Why does that matter?

Below, please find the podcast of a conversation between Nancy Fox and David Schnurman of Lawline.com.