Lawline.com

Interview with attorney Jonathan Schecter

Hardinger & Tanenholz has recently fielded questions from several contract attorney candidates who are not admitted to the DC Bar regarding their eligibility to perform document review work in DC. Specifically, there seems to be genuine confusion about whether it is necessary to be admitted to the DC Bar, or whether admission to another state is sufficient.

The answer is, in general, contract attorneys performing document review must be admitted to the DC Bar.

The unauthorized practice of law is governed by District of Columbia Court of Appeals (“COA”) Rule 49, and we encourage all attorneys seeking to work in the District to read it. In 2005, the COA’s Committee on the Unauthorized Practice of Law (“UPL”) issued an opinion stating that Rule 49 does, in fact, apply to contract lawyers working within the District (see http://tiny.cc/OP_16_05). The Opinion held that, in general, all contract attorneys performing document review must be admitted to the DC Bar.

Specifically, the Committee opined that even if a contract lawyer is performing work that is similar to or overlapping with work performed by paralegals, such as first level document review, the attorney is engaging in the practice of law “if the person is being held out, and billed out, as a lawyer . . .” (16-05 at 5).

So, what to do if you are a contact attorney not admitted to the DC Bar, but you want to work in DC? Opinion 16-05 urges all contract attorneys who are engaging in the practice of law to seek admission. It warns, “Failure [to apply for admission] may jeopardize the lawyer’s ability to continue to practice law in the District on a contract or other basis. Failure to do so also places the lawyer in jeopardy of discipline in jurisdictions where the lawyer is admitted . . .” (16-05 at 7).

If you are not admitted to the D.C. bar, there is nothing keeping you from working as a paralegal or law clerk, even if you are admitted to practice law in another jurisdiction. Simply make your bar status very clear to anyone with whom you have professional contact, especially your employment agency and the legal service provider who will be supervising your work. You must never hold yourself out as an attorney in DC if you are not a member of the DC Bar, even if you are fully-licensed in another jurisdiction. (See Rule 49). Remind your employer that you should not be held-out or billed out as an attorney.

Finally, we encourage all contract attorneys to read the ethical rules and relevant UPL Committee decisions (http://tiny.cc/UPLWebsite) and take full responsibility for their own professional conduct. Attorneys should not risk their bar standing by relying on the representations of employment agencies and law firms that may or may not be fully aware of the applicable ethical rules.

This blog was written by Julia Hardinger, co-founder of Hardinger & Tanenholz LLP, a unique Discovery Counsel law firm that specializes in all aspects of discovery, including the end-to-end management of large-scale document reviews. This blog is the personal opinion of the author and not intended as legal advice.

Back in the old days, law firms were built on “old-boy networks” and schmoozing over cocktails at the golf course. But those methods are no longer in Vogue in the 21st century. Instead despite firms closing and laying off attorneys daily, there are firms who are seizing the marketing opportunities available to them. These firms are discussing about profile building, and brand equity rather than gin and tonic. They understand differentiating yourself/law firm is very important. Differentiation helps not only with bringing in new clients BUT helps with attracting and retaining good staff.

A proactive solid public relations plan helps in the process of differentiation and is a MUST for law firm business development strategy, regardless of size. Getting quoted in news stories, both in targeted industry publications and mainstream media, is one of the most cost-effective ways of securing exposure. A good public relations plan serves several purposes: it builds reputation and visibility, allows firms, practice areas and solo practitioners to become known, liked and trusted in their target market, and finally—and most importantly— helps to bring more business.

The three common ways to increase visibility are getting published, writing and getting quoted by the press.

Getting articles published in trade publications, magazines and newspapers have long been considered important benchmarks for building reputation as thought leaders and experts in a specific market for all businesses. It works very well for lawyers who don’t like the limelight but still need to get the word out about their firm or practice.

If you are doing your own marketing and public relations, then follow the guidelines below:

1. Come up with a couple of ideas that will be of interest to YOUR reader not you. Remember its all about your reader not you.
2. Identify a couple of publications your target market reads.
3. Review at least a couple of issues, before approaching the editor.
4. Approach the editor.

Like it or not, speaking engagements are a very important component of a public relations plan of any law firm intent on growth. Whether you fear public speaking, or your workload leaves little free time, it is important to find a way to make room for speaking.

Well-known marketers such as Dan Kennedy and countless others agree that speaking engagements are one of the fastest ways to get new clients. Firms need to expose their areas of expertise to prospective clients.

By speaking at conferences and forums put together by professional and industry trade groups, lawyers can increase their firm’s visibility and consequently its prospects for attracting new business. What speaking does is give the speaker special status, thus making it easier for speakers to meet prospects. Attendees expect speakers to reach out to the audience, in turn they give speakers respect and credibility.

Finally, consider becoming a resource for the press and getting quoted in press. We all have a love/hate relationship with the press. Yet survey after survey has shown that we the public pay far more attention to experts that are quoted than advertising that often supplements content.  Take a quick inventory, when was the last time a reporter called the firm? When was the firm/partner/lawyer quoted last? Do you have an online newsroom that has you bio with subject areas that you can talk to the press about?

Becoming known as an expert in one or more areas is only part of the equation; the other part is leveraging these opportunities successfully into other marketing activities. Articles, columns and/or bylines written by attorneys can be sent to prospects, strategic alliances and clients with the view of providing value, rather than circulating them with the intent of getting the attorney known. All published or sourced works can be included in newsletters and e-zines. They can be used as a basis for a speech or presentation to your target audience. And they should be added to your Web site.

Given today’s economic climate where every dollar spent is reviewed twice before spending is approved it is absolutely imperative to recognize and understand that building credibility and visibility does not happen overnight and rarely does it reap immediate results. It may take a nanosecond to destroy a reputation, but to build one takes work, effort and commitment from all the decision makers in the firm. However, with a sustained campaign working in conjunction with other marketing activities, public relations will reap huge dividends.

• Uncontained and unpredictable legal costs;
• Double-digit percentage increases in hourly rates;
• Off-the-scale increases in associate pay; and
• Law firms’ unwillingness to discuss alternatives to the billable hour.

Green, it’s the buzzword of the decade.  But what does it really mean to say that businesses are going green?  Well, for different businesses it can mean different things.  But overall, it means that the company is making efforts and strides to reduce waste, conserve energy, become more sustainable, and give a little something back to the environment.  Companies have started to see that not only is going green good for the environment and public relations, it can actually be a real money saver in the long term.

When most people think of companies going green, they might think about various environmental service businesses or tech companies.  But today, it is important for every industry to begin to see the light, even law firms.  And as it turns out, there are some law firms that have already seen value in taking the initiative.

Wendell Rosen Black & Dean of Oakland, Ca. has been recognized as a green company since 2003.  Some of the main practices that they took on as a part of the process was eliminating paper waste, and switching over every possible piece of office equipment and décor to more bio-friendly products.  As a result, they have seen much better client relations and a reduction in overall costs of doing business.

Other law firms all over the country have started the process as well.  It is important to realize that in the effort to go green, any action is a step in the right direction.  It does not necessarily take an entire revamp of the way you do business to get started.  Little things here and there can make a big difference in the long run.  And as more companies across a wide variety of industries begin to make the switch and realize the benefits, we will be much better off both environmentally and economically.

Lawyers are notoriously slow adapting to change.  Changes in the way we do business, in the way we hire new employees, in the way we reach out to the public, are never headed up by the legal community.  It is a profession marked by long standing traditions and a very specific set of values and standards.  But now, as new technologies continue to open up doors for all businesses every single day, it is important that even lawyers and law firms try to keep up.

I recently read this blog, which addressed the issue of banning certain websites in large law firms.  Citing a survey, it was argued that banning social networking sites can hurt recruiting efforts for new hires because today’s young professionals have grown up with these online communities.

I would take this a step further and say that smaller law firms can use social networking sites and blogs to help their recruiting effort against large firms.  The big law firms have always had an advantage when it comes to recruiting the best talent out of law school for the simple fact that they can pay more.  But recruiting talent is as important as ever, so why not look for new ways to do it?  Treat your potential employees as if they are potential clients.  Actively go after their “business”.

Speaking directly to law students and young lawyers via blogs, online communities, and other web formats allows employers to tap into a whole new world, one that is inhabited almost entirely by the next generation of workers.  Already many other businesses are starting to see the potential in taking advantage of these new online communication platforms, and it is time for the law to take notice.
Instead of banning such websites, use them to their fullest extent.  

Don’t hide from the future, embrace it.  The next generation of lawyers are out there looking for a place to work.  Go and find them.

There has been a lot said recently about the importance of lawyer marketing initiatives.  With the amount of lawyers out there vying for the business available, it is so vital to stand out from the crowd.  But what happens behind the scenes and in public after the initial marketing attempts?  What kinds of strategies do you have in place to follow up on your marketing campaigns and retain new clients based on those efforts?

That is where a company like Legal Ease Consulting, Inc. can come in handy.  Legal Ease Consulting is based in New York, and they do exactly what the name suggests, make the life of a lawyer or law firm easier.  How do they accomplish that feat?  Well that depends on who you ask.  Basically, they try to strategize with small to midsize law firms in order to revamp business development systems and make the operations of a law firm more efficient.

It is not enough to have one great marketing campaign if you cannot follow through and serve the type of quality representation you claim.  Following up on that marketing, and living up to the promises you make, are just as important.  That means having the systems in place to arrange meetings, handle paperwork, maintain records and billing efficiently and accurately.  Everything working together provides a good work environment, a satisfied client relationship, and better time management.  Overall, you will be spending less time on the day to day task management issues, and more time on your clients.

With Legal Ease Consulting, Inc., you will get a complete consultation from an expert in the field.  Allison Shields started the company after spending time as a managing partner in a mid-size law firm, focusing on marketing and business development.  With custom tailored services for your law firm, hiring a consulting firm like this one can have you on your way to a more efficient practice in no time.

I recently read an opinion piece in the New York Law Journal about the practice of hourly billing.  I have always contended that there are major flaws in industries that bill clients by the hour as opposed to flat fee billing.  And this article, written by Steven G. Nachimson, discusses some of the major issues that need to be looked at when considering a change from this billing method.

First off, the major flaw of this system is that “it promotes inefficiency”.  In a system where the longer something takes, the more you get paid, there is no motivation to “finish” anything.  In essence, fees are not truly based on results or skill of the person.  Sure, someone who has more experience and is more successful will get more clients and therefore get the pay that they deserve, but an inefficient person can make more money by taking more time to complete certain tasks.

Law is just one example of where this “problem” exists.  A therapist, for example, has no motivation to get a client to stop coming back for more therapy.  In my opinion, a therapist should charge a flat fee, payable the day that therapy is no longer needed.  I think we would see a lot less people in therapy for long periods of time that way.

And in the law, it is the same problem.  The issue comes down to the motivation of the professional to get a job done.  A flat fee system may not work either but I think the process needs a second look.  In the article, Mr. Nachimson suggested that fixed fees make it easier for clients to see the value in legal representation, which is extremely important.  This is an issue that should be considered by many in the legal community.

An interesting article in the New York Times today caught my eye.  The article was about the business world changing and adapting to a better work life balance.  It mentioned many industries that have improved employee working conditions by opening up time and mandatory hour restrictions.  And one industry that really has not taken part in this universal work schedule flexibility movement until now, is the law.

An excerpt from the article reprinted below:

“Over the last few years and, most strikingly, the last few months, law firms have been forced to rethink longstanding ways of doing business, if they are to remain fully competitive…lawyers are overworked, depressed and leaving… Less obvious, but potentially more dramatic, are the signs that their firms are finally becoming serious about slowing the stampede for the door. So far the change — which includes taking fresh looks at the billable hour, schedules and partnership tracks — is mostly at the smaller firms. But even some of the larger, more hidebound employers are taking notice.”

This trend continues to grow among larger law firms and many lawyers are beginning to take notice.  It is an interesting issue that will certainly be the topic of some conversation in the near future.  To read the full article, click here.

There is no reason to think that finding a job with a major law firm is any harder than it used to be.  That is if you don’t count the fact that large law firms everywhere are laying off people at a faster rate than ever and there are more law school graduates looking for jobs in 2008 than any of the five previous years.  Of course this is a problem.

With the recent credit crisis and financial problems, many larger firms dealing with corporate and finance practices have been experiencing slowdowns.  This means that some lawyers are finding themselves out of a job, and job seekers are coming up short.  Check out this article published by the Wall Street Journal this past weekend.  So what is a lawyer to do when he or she can’t find work in the legal field?

Use your knowledge of the legal world to do something related.  Work on your own or join a company designed to help lawyers and law firms, such as a consulting firm or a marketing agency.  There are many businesses out there designed to sell to, or help out law firms.  You can bring an expertise to the table that these companies may lack, and may pay big bucks to get.

Of course you can always gather a group of lawyers, all struggling with the current job market situation, and open up your own practice.  You may have to work hard and start small, but who knows what type of opportunities could come of it.  All of those large law firms had to start somewhere.

Whatever you do, make sure it is something that you want to be successful at.  And don’t get downon yourself, because the market will turn around.  Your old job may be waiting for you when the firms start hiring again, that is if you still want it.

Arthur Levin is the Founder of AGL Associates, a consulting firm that specializes in law firm consulting, business development training for lawyers, and helping companies sell products and services to law firms.  Arthur has been involved with the business development side of law firm marketing for years and he has developed several key tips that he offers to every lawyer or law firm that he works with.

Lawline.com spoke to Mr. Levin recently to find out what kind of tips he would be willing to share with us.  The most important thing he said was that a Lawyer needs to really understand what he or she does for the clients.  Representation, as he says, is such a strong word because you are actually speaking and acting for another person.  As a lawyer, you have to be willing to sell your services and your own persona to gain a client’s, or even potential clients, trust.

Below is a clip from the interview in which Arthur speaks about a 30-second pitch that any lawyer should develop to help convey your own personal value to the client.

It’s the end of a crazy week.  Why do I say it was crazy?  So many things happened in and around the legal community this week that it is hard to even keep up.  If you are like me, you have had your eyes glued to TV screens or newspaper articles for the past few days.  Sometimes it can be difficult to try to comprehend it all at once.  That is why this Friday I have decided to sum it all up in Lawline.com’s Friday Five.  Enjoy!

TOP FIVE STORIES LEGAL STORIES IN THE NEWS THIS WEEK

1) The Mitchell Report.  Congressman George Mitchell finally completed his two year investigation into steroid use in Major League Baseball yesterday.  In my opinion, the report was very thorough but offered limited insight into the underlying issue.  Sure some big players were named, but now what?  What does it all mean?  The one good thing that came from it is a detailed suggestion of future steroid testing that should be applied to all the major sports in the years to come.

2) New Jersey Outlaws Capital Punishment.  New Jersey voted to pass a bill that would eliminate the death penalty in the state.  That makes it the first state in over forty years to outlaw capital punishment.  The bill is awaiting signing by the governor, but he has already stated that he is in favor of it.

3) Law Firm Layoffs.  As if we needed another reminder of how bad the economy is doing right now, some major law firms have announced cutbacks and layoffs for the first time in years.  That is an event that is almost unheard of the legal community, especially among the more prominent firms.  And this is all happening just when there are more graduates coming out of law school than ever before.

4) Criminal Sentencing Guidelines Erased.  Federal courts ruled earlier this week against sentencing guidelines for criminal convictions.  Prior to this there were mandatory sentences for certain major crimes such as crack trafficking.  Now, judges will have more flexibility in handing down sentences in these types of cases.  The next step is to see whether or not the ruling is retroactive.

5) Depressed Attorneys.  Dan Lukasik, an attorney in Buffalo, NY, started a website and a support group for depressed attorneys.  This brought to light the fact that lawyers are among the most miserable people, according to some studies.  This website, and other movements like it across the country are opening up the lines of communication and help attorneys get the help they’ve needed but were previously afraid to look for.

And that wraps up an exciting week in the news surround legal issues.  I hope you will take the time to further investigate these stories, as some of them will have lasting affects for the foreseeable future.  Catch you again soon.

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 3 of Lawline.com’s series is entitled An Intro to Google Adwords.  In the following video we discuss the importance of Adwords and some of the basic things you can do to get started.

Google has many services that they offer to help businesses and consumers alike.  Their services cover everything you can think of that make the online experience simpler and more enjoyable.  Google Adwords is certainly one of the most important programs they run.  It is their main source of revenue and it continues to grow every year because people can see the results.

Running an advertisement on Adwords is so easy it’s no wonder the idea is spreading like wildfire.  For lawyers, placing these ads with Google can do a number of things to help you stand out from other lawyers and law firms out there.  It can place you on the first page of Google searches, which is more important now than ever before as people are shifting to the web as a way to find everything they need.  They also help you target specific regions and keywords so you can show your ad to all the right people.  And the best thing about it is that the service costs only the amount you choose to spend.  You can set daily budgets as low as you want.

Please enjoy the video below, and to get started with Google Adwords you can visit the website: http://www.adwords.google.com.

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.

Please take a moment to enjoy the video below.

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.  

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.

No matter what type of work you do, it is always important to feel a sense of security.  Just that feeling that someone is looking out for you can alleviate a lot of the stress of day to day work.  Backup my info!, a data and information backup company, has been doing just that for law firms for years.

Jennifer Walzer, president and founder of the company, knows the value that Backup my info! can bring to any size law firm.  With so much information stored on office computers, it is easy to see how disastrous a complete system crash could be on a law firm and their clients.  Just thinking about that big of a mess can cause you to worry and fret over every single document.  Backup my info! solves that problem with an automated process designed to back up and recover your information with the click of a button.

Jennifer has always found that service comes first and foremost.  Operating as a boutique company, Backup my info! is designed to put the client’s mind at ease by offering the highest quality service.  All of the law firms that she works with have one less thing to think about every day because if anything were to go wrong with their system, a full-time service representative will let them know about it and solve the problem within seconds.  And in the fast-paced information driven world that most lawyers and law firms operate in today, that proves to be an important service.

Please enjoy Lawline.com's interview with Jennifer Walzer below.

Every six months, it happens – it’s inevitable.  For a block of 3 weeks in May and in December, I get lonely and upset.  Why, you ask?  Because of Law School final exams.  They are a tough and trying time for me, and I get through it by staying strong, remaining hopeful, and getting ready to celebrate when the exams are finally over with.  Oh, and by the way…I’m not even in law school.

Having a good portion of friends and acquaintances that are in law school has always put me in a weird position.  They discuss torts, and talk about their professors.  They talk about proximate cause and fraud deterrence, and I stand there and observe and have no idea what they are talking about.  And then when finals time comes, they disappear.  Whether they lock themselves in their bedrooms for days at a time, or pull consecutive all nighters at the Law library, you can guarantee that contact with them is limited at best.  And when you do get a few minutes to say hi and attempt to catch up a bit, you can hear the stress, exhaustion, and desperation in their voices (even in their emails!).  You begin to feel bad for them, until you realize of course that while they are keeping busy with their studies, it is you who is lonely and companionless, not them! 

So how do you cope?  Well for one thing, it is important to be supportive and accessible to them.  Offer to meet them for a cup of coffee or a beer, to help break up their studies a bit.  And don’t save it for the weekend either (as during finals, law students often cannot distinguish the week from the weekends.)  Bring them dinner one night to give them a little human contact (even during finals, these students need to eat).  Plan a post-finals outing or party for them to give them something to look forward to.  These three things will surely help get them through finals, but perhaps more importantly, it will help you overcome your loneliness.  After all, you are the victim here remember. 

So the next time that finals time is upon us, we can be prepared for the hopelessness, loneliness, and suffering that comes with not having to take final exams.  In some instances, it might even be wise of us to read up a little bit on what your friends are studying.  That way, the next time they decide to discuss ownership statutes and alternative dispute resolution, you can jump right into the conversation.   Now, wouldn’t that be nice?

In the world of Manhattan attorneys, being a solo practitioner or small practice lawyer is becoming more and more difficult. One of the main reasons is that office space is so expensive, yet so important. Rental prices in Manhattan range from pricey to extremely pricey, and you pay for what you get. A lawyer looking to save money gets a place that he is afraid to show clients. A lawyer who needs a nice office to meet with clients ends up breaking the bank to stay there. It seems to be a lose-lose situation. Not to mention, the amount of time needed to grow a practice takes too much away from important “client time”.

Along comes Stephen Furnari, a lawyer with a new concept to solve this very problem, as well as adding new opportunities for attorneys. The name of the company that he is working on is the Law Firm Incubator (LFIS). For small firm and solo practitioners, this is a great way to grow your business in a new way, without spending a fortune. The idea is a shared office suite in a great area that is very presentable. At the same time, Mr. Furnari wants to set up a collaborative atmosphere that allows the attorneys to share resources. This allows attorneys working on a small budget to have access to new marketing materials and networking groups that help grow their business.

When we heard about this idea, we asked Stephen to come in for a short interview. He explains that by combining the right types of lawyers in a collaborative office environment, there are a tremendous amount of opportunities for everyone involved. All in all, this will help those lawyers who are too busy working “in” their business learn to work “on” their business. Such things as cooperative case work, client referrals, shared access to marketing materials, and special office events will allow each of the attorneys to receive the same opportunities they might get in a larger firm setting. Who knows, one day they might share their New York CLE resources as well.

Below is a short clip of an interview with Stephen Furnari in which he explains what the Law Firm Incubator is all about. For more information on the project, you can check out Mr. Furnari’s website at www.lawfirmincubator.com.

For big law firms, recruiting new associates has been a by-the-book process for years. It's simple -- go find the best students at the best schools and offer them huge salary packages to start immediately. And it works. But recently, some areas of the law are calling for more specialized expertise and training than you can expect a law school student to have.

The answer -- look for the best and brightest lawyers in the field that are already practicing at smaller firms in the area. According to an article in this week's edition of Crain's, elite law firms are luring second and third year associates away from smaller firms more than ever before. The reason is that they can save time and money training these lawyers, who are ready to jump into their own cases immediately after arriving. Therefore, instead of recruiting recent graduates and training them to a certain areas of expertise, these larger firms are simply stealing lawyers who are already experts in fields such as Real Estate, Securities, etc.

This has the potential to cause problems for smaller firms who are trying to stay ahead of the competition and continue to grow. Losing attorneys to higher salaries and better compensation packages means more time spent recruiting new lawyers. The repercussions are obvious in the loss of time spent with clients.

Although there is no sure fire way to protect your lawyers from being "snatched up", there are some things you can do to try and sweeten the deal. Of course, salaries will be lower at smaller firms, but other things can help keep lawyers in place. Such things as a more welcoming work environment complete with office luxuries, performance bonuses, and career building opportunities can add some incentive to remain at the smaller firm. In the end, it is obvious that larger firms may win this tug-of-war game over attorneys, but smaller firms can still find ways to succeed.

Many of us have sat in an orientation meeting at our new job and listened to the workplace harassment warnings given by someone from the HR department. It seems like anytime you pick up the paper you read about a new harassment case of some kind. Well, not too long ago, employment law and sexual harassment did not even exist. In fact, it wasn’t until 1990 that an amendment to the civil rights laws brought the idea of workplace discrimination into sight.

Murray Schwartz has been practicing law since 1949. You may have heard his name mentioned before. After all, he is managing partner of Schwartz & Perry, LLP, a well-known employment law firm focusing on workplace harassment on the basis of sex, age, race, and disability. This is an area of law that he has become very passionate about and to which he has devoted his entire practice. A certified expert in the field, Murray has spent years educating his peers on the many aspects of employment law through lectures and counseling. He has become a well respected member of the law community and deserves everything he has achieved.

Murray Schwartz and his daughter, Davida Perry, won the first sexual harassment case in the US in 1990 called Thoreson v. Guccione and Penthouse Magazine. The ruling in this case set an extremely important precedent in employment law, that a defendant could establish a claim of sexual harassment against his or her employer based solely on the testimony of the victim. Many of today’s sexual harassment laws can be traced back to the ruling that Murray Schwartz won years ago.

Another important case that Schwartz & Perry has tried is Bracker v. Cohen. In 1991, the City of New York enacted a Human Rights Law authorizing a private cause of judicial action for victims of employment discrimination. The New York City law was challenged and Mr. Schwartz successfully argued at both the trial court and the appellate level on behalf of the law’s constitutionality. His position was upheld in both courts and as a result, New York City has the benefits of an effective New York City Human Rights Law.

Additionally, a jury in the New York County Supreme Court, awarded a Schwartz & Perry client in the case of McIntyre v. Manhattan Ford, an award of $6.6 million dollars in a sexual harassment and retaliation suit. This was the highest award that had been granted to a single plaintiff in a sexual harassment claim.  Although the award was reduced to $3.1 million dollars on appeal, on the ground that the court considered the jury verdict too high, the reduced award stands as one of the highest jury awards for a single plaintiff in a sexual harassment case in the United States.

These three cases Thoreson, Bracker and McIntyre, have frequently been referred to as the "trilogy" of cases, each of which is highly significant in the development of the field of employment law. Schwartz & Perry understandably considers themselves privileged to have been the attorneys for the plaintiff in each of those three landmark cases.

Murray Schwartz is also a faculty member with Lawline.com. He has presented lectures that can be viewed for CLE credits on Age Discrimination and Trial Strategies for Employment Law. In the following video, Mr. Schwartz shares with us first hand that employment law and workplace harassment cases have unique challenges. There are a number of reasons for this of course, most importantly because is that it happens behind closed doors. There is usually a lack of evidence, a lack of witnesses, and a cover-up that naturally took place. However, Mr. Schwartz has continued to break down barriers and overcome hurdles to make these issues heard. For all of that we honor him, and praise his continued devotion to the field.

Featured Interview with attorneys at Schwartz & Perry