Lawline.com

At Lawline we are one big family- customers, faculty, company and all. Here is one new faculty member's recollection on why he first chose Lawline.com for his CLE and why he then chose to present CLE with Lawline.com as well.

The Virginia State Bar has proposed legislation that would restrict attorneys to taking only 8 of their total 12 annual MCLE online. We will be polling members for submittal to the state bar and will  post these results as they finalize later today.

The following is a compilation of some of the feedback we have received from our Lawline.com members. We have kept the comments anonymous to conserve our member's confidentiality.

“I fail to understand why the Bar feels it needs to turn its back on progress.” 

“Online education save on transportation and other expenses, increases productivity and allows me to practice law while staying current.”

“Ridiculous, absolutely ridiculous. Why the Va Bar believes attorneys must be treated like school children is beyond comprehension.”

“With a child at home, I cannot attend live seminars and likely would have to withdraw from the firm and change my license to inactive status.”

“My instructors online are far better than the"in-person" instructors who have graced the podium.”

“I believe this proposal was presented to permit certain organizations to generate more revenue.” 

“There is absolutely no benefit whatsoever from physically attending live CLE courses.”

"Online courses afford me the opportunity to get up, stretch, get a coffee, or even eat during the presentation WITHOUT MISSING A SINGLE WORD presented -- a feat unattainable with live courses."

“It will significantly increase the costs of my CLEs.”

“It would limit the CLE programs I could take to those offered only in the town where I live.”

“Its all about the money for them.” 

“I have no doubt that the initiative is supported by CLE providers, sponsors and presenters with an active interest in real-time formats, all of which are losing market share to pre-recorded programs.” 

“There is virtually nothing to be gained by the proposed restriction.”

"I would be very disappointed if I could not continue taking all my classes on-line.” 

“This is the worst thing the VA State Bar could do."

Feel free to add any of your own comments or feelings.

Attention all attorneys in Alabama, Alaska, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Louisiana, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Tennessee, Washington, Wisconsin, I have some good and bad news for you. Which one would you like first?

We’ll start with the bad news: your CLE deadlines are approaching fast. December 31 is the day for most of you, and that day is fast approaching. Let me say, it may not be a bad idea to start planning to finish your requirements, because with the Holiday Season starting, life is likely to become only more hectic. That’s the bad news.

The good news, you ask? Online CLE provides a perfect opportunity to finish these requirements well before the deadline while reducing Holiday Stress. What better time to start than Black Friday? While the rest of the country fights, scratches, and crawls into department stores, you can kick back and relax, learn, and check off your CLE deadline.

Using the visual, the advantages to an Online CLE Black Friday are evident:

1)    Stay warm in bed and not cold in the streets.
2)    Be comfortable in your pajamas all day long.
3)    Avoid angry and potentially dangerous mobs.
4)    Have the freedom to grab a snack, be with family, and enjoy home.
5)    Learn in a stress free manner.
6)    Complete a required task before the deadline.
7)    Release any built up stress on pillows, rather on nearby shoppers (plus the latter can come with serious legal repercussions, which you could be learning all about meantime!)

So enjoy the weekend, give thanks, and relax. But know that if you would like to get a head start on some of the tasks for this busy Holiday Season, Online CLE is there for you when you need it!

As President Obama continues his first presidential trip to Asia, much attention has been focused on his negotiation approach and whether he has achieved noteworthy results.  Obviously, a whole range of difficult, complex and long-term issues are being addressed, including those in the economic, political, environmental and human rights arenas.
 
My take on the trip so far is that President Obama has focused on long-term relationship building and information gathering instead of short-term headline-generating results.  Why might this be his strategy?    
 
It is critical to uncover the fundamental interests underlying the parties’ positions.  Interests are the parties’ needs, desires, concerns and fears.  They’re the basic driving forces that motivate parties.  The number and type of interests in complex negotiations like those involving China and the United States are many and varied.  For example, the parties’ interests here include maintaining and increasing their political power and influence, both domestically and internationally, and ensuring and improving their security and economic well-being. Plus, I suspect both sides’ here are focused on their long-term relationship interests.
 
Positions, by contrast, are what each side believes or states will satisfy their interests.  At a basic level, positions are what you want.  Interests are why you want it.  In the information-gathering stage of a negotiation, you must do your research and drill down far enough to discover your and the other side’s fundamental interests.  Why?  It will help you define success, leave as little as possible on the table and find the true “win-win” outcomes. Ultimately, I believe the success of President Obama’s trip will be measured more by what he is able to accomplish over the course of his time in office rather than by any specific results achieved this week.


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Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

If I were to describe a life in which one was served a private breakfast and dinner, given free daily exercise in the California sun, full control over the television and CD player in the evenings, and a private room to sleep in at night, you probably wouldn’t think of a California death-row inmate, but that’s exactly what it is.

Heck, that sounds like a life that most married men would envy. Full control over the remote? That sounds like pretty decent freedom for an inmate. Not to mention, these individuals also receive liberal telephone use and the ability to individualize their cells with entertainment and snacks.

An argument may be that these individuals are given a little extra luxury due to the doom that awaits them. However, with California’s system, many may not live long enough to see their death sentence. Despite having the nation’s longest list of death row inmates with 685 currently sentenced, California has only completed 13 executions since capital punishment resumed in 1977. According to an LA Times article, 75 inmates on death row have died premature of their sentencing date. Good thing they were provided so many special privileges. 

The costs associated with this inefficiency have not been kind to the state taxpayer either. California, a state that has been hit hard financially over the past decade, really does not have the extra cash to fork over for this. According to the LA Times, “A state commission of experts last year estimated that the additional security and legal spending for capital inmates costs taxpayers $138,000 per death row prisoner each year.” Who needs education anyway?

Executions in the state are currently on hold as review possible reform to the lethal injection procedure. Nonetheless, Federal Judges need to get on track with this issue. It’s taking money out of the state taxpayer’s pockets and allocating resources away from a plethora of state issues that could use the funds.

Some of the points in here may be a little extreme. Obviously, a life in the cellar ticking down the days until your execution is not a luxury or a life many of us on the outside envy. Nor does spending even a day in San Quentin sound like anything most us would remotely wish to experience. However, if confronted with the choice between life in prison or the death-sentence, the latter seems to be the better choice.
 

 “Thoughtcrime, they called it. Thought was not a thing that could be concealed forever… sooner or later they were bound to get you.” George Orwell, 1984.

Today’s  children are being groomed for the future with stricter regulations on school hours, curriculum, behavior, and even nutrition. Slap the label of “Tomorrow’s leaders” on these kids and its all fair game to have such demands, right? But how much of this comes at the cost of the children’s freedoms? And how will this affect their thoughts as adults?

Freedom of speech in public schools has been an ongoing issue for decades. Recently, Morse v. Frederick, a 2007 Supreme Court ruling, addressed a student’s “Bong Hits for Jesus” banner. The student, Joseph Frederick, held the banner at an after-school event. The banner was confiscated and the student suspended as a result. The court denied Frederick’s claim.  While “Bong Hits for Jesus” may not be the most progressive message on the record, the question remains as to whether the expression was protected under the First Amendment.    

The concern becomes even hazier from there.  For example, The Supreme Court ruled in favor of a Poway, California school in a case involving the school’s dress code. The student wore a shirt with the words “I will not accept what God Has Condemned. Homosexuality is Shameful, Romans 1:27” on the school’s homosexuality tolerance day. He was forced to wear masking tape to block the message, and the Courts ruled this was acceptable.

The messages may seem trivial, but the implications are big. What are we teaching kids about our country and our laws? We are sending the message to students that freedom of speech is conditional. Whether or not one agrees with a given expression, disagrees with it, or regards it as nothing more than juvenility, these cases are forms of protest. By restricting the student’s freedom of speech, we restrict the future of the very values our country stood upon; the ability to speak out, stand up, and preserve rights.

It’s a topic that can easily snowball. Stricter regulations build upon each other, and eventually we create a future in which the adults become silent drones, whose freedom of thought issued by our First Amendment Rights becomes restricted through regulation. George Orwell’s 1984 depiction, undoubtedly, is quite an extreme reference, but nonetheless, it forms the vision of a dangerous path that Federal and State government alike need to consider when handling our “Leaders of tomorrow.”

What first attracted me to the internship program here at Lawline.com was the grand exposure to all types of law.  You see, I am currently an undergraduate student at New York University, baffled at my direction in life and sure of only two things—that my life’s work be grounded in the public sector and to be concentrated with the work of children.  My interest in child advocacy and the legal aspects of the social welfare system have brought me to the realm of law—a practice that has been better enlightened in my time here at Lawline.  I am a strong believer in experience and in the perspectives that it may offer—whether the experience be based on a future career goal in Manhattan or in a third world country half way around the world.   Either way, I believe it is necessary that everyone place him/herself in a world outside their own and dare to experience a life that is just a little bit uncomfortable.

These were just a few of the goals founded in my spring break trip last week to Morocco.   Accompanied by twenty other individuals, I worked for ten days in a Children’s Home about two hours outside of Fez.  I experienced a world completely counteractive to my own, situations and reliance beyond my comprehension and a love, undeniable.   Before I left for Morocco I was quick to say I was headed to an orphanage, willing to offer anything they needed—I learned that this was far from what was to be expected.  The Village of Hope refers to itself, very specifically, as a Children’s Home.  Every child has a family—a mother, a father and siblings.  There are seven pairs of parents all caring for anywhere from 5 to 10 children.  They are referred to and thought of as “Momma” and “Poppa” and everyone else on the grounds as “aunts” or “uncles.”  This innovative structure includes a school system of its own, a communal kitchen and a laundering facility, group trips and various play facilities.  Such a system provides a more stable, welcomed community of children and individually nurtures the pains so felt by the neglected children of Morocco.  It is a political infrastructure that I believe has far surpassed any cohesive model of an “orphanage” or even that of individual foster families.  This has allowed for a supportive community of children, foster families and all of the individuals with whom these children may come into contact.

Another aspect for which I must commend the Village of Hope is the undeniable immersion in the context of the community of Morocco.  As an individual willing to help, I often find philanthropists and social entrepreneurs eager to throw money at various situations or even to impose a system of their own on a foreign society.  What the Village of Hope has recognized, that I believe to be a vital aspect to any sort of program in the public sector, is that of immersion in the local community.  While the Village has individuals on staff from all over the world (South Africa, New Zealand, Spain, Los Angeles, etc), they are very aware of the origins of the children in their community.   They have recognized that the children they are fostering are full-blooded Moroccans and have committed to nurturing this society in them.  The children are taught by local teachers to speak and read traditional Arabic and also, the everyday mannerisms and respect of the Islamic political infrastructure.  The ultimate hope of the Village is that every child will grow up capable of evoking change within their own society—to revolutionize the third world country of Morocco.  

Being that this home was different, on a whole from that of an orphanage, the premise of the situations we handled, encountered and completed were vastly different from our expectations.  While we may have initially thought the week to be full of holding and hugging children, of taking their pictures and offering them equipment and supplies they were vastly in need of, none of this proved to be true.  We were amidst a community of families that regularly held and hugged their children, who were uncomfortable with us taking numerous pictures and who were “making it” in every sense of the phrase.  Undoubtedly, they were thankful for our presence, of our help and for the vast materials we brought, but their needs were not desperate, their children not in dire need.  And what a relief!  That these abandoned, neglected children were receiving the care they deserved outside of a ten day short mission, that these children were being cared for daily!  So we built fences and planted peas and moved equipment and roofed houses and held sports clinics and offered art classes.  We added a dimension to the camp instead of answering a call of desperation.

Individuals keep asking me about my trip, how it was, what I’ve learned, how it’s changed me and honestly, it’s almost too close to tell.  I believe that my reflection on this experience will continue to throughout today, throughout this week, this year and its effects rippled throughout the rest of my life.  The Village of Hope has opened my eyes to the desperation of the third world, to the desperation of the children caught in its grasp and to the crucial role of serving the poor, that we, the very materially blessed, need to take on.  I have been exposed to a system of caring for the poor, the neglected, the abused that is revolutionary and profound, a system that I can only hope will one day be implemented here in America and across the world.  I think it is important for us to remember to keep our minds open and willing to learn from other individuals or countries that think from their heart just as much as their head.  I encourage you to look at the website of the Village of Hope [http://www.voh-ainleuh.org/], to consider a donation, offering your specialized service or even just your thoughts and prayers.  And regardless of your thoughts or opinions of the Village of Hope, of Morocco and even of the entire system of public service, I encourage you to reach out to the world's poor in other new and significant ways in 2009.  Beautiful little lives around the world, are literally, depending on it!

The following article was written in response to our blog, Clean Lawyer: An Attorney's Guide to Going Green.

Ways to save money in these tricky economic times aren’t exactly obvious. Old habits are hard to break — like the one of using rubber stamps to mark documents, particularly multiple copies of a document. Hundreds of dollars per year can be saved by just eliminating one trip a day to a copy machine using an automated process. Untold amounts can be saved by preventing a copy from becoming an “original.”

Using rubber stamps is a very inefficient method of marking paper documents generated from a word processor. Moreover, unless the stamp obliterates part of a document’s content, it can’t keep the document’s use consistent with its intent. If a worker requires multiple copies of a document to be stamped and the document has multiple pages, each page requires identification if the document is to be secure and/or protected. Otherwise, at least the first page of each copy needs to be stamped. If copies of the document are intended for different recipients, the marking should so indicate, e.g. client copy, accounting, privileged, etc. This practice requires a collection of custom rubber stamps which is neither efficient or economic. And, depending on how the stamp is used, only marginally effective, if at all.

Rubber stamps in the margin or text in a footer offer little protection. In 2006, the Department of the Navy determined best practices dictated that documents should be properly marked “. . .before they are distributed. The reason is that not everyone is attuned to how to handle documents they receive… proper marking of documents alerts the recipient to any requirements that are attached to the document.” http://privacy.navy.mil/training/BestPrivacyPractices4A.ppt#335,3,BEST 

Because many documents are more than 1 or 2 pages, the inclination is to mark the only first page of the document, e.g. “privileged.” If that marking (1) exists only on the first page and (2) is only in the margin, the document is one that, in paper form, can have its purpose or intent altered. Once done, the quality of digital copiers make distinction between the true “original” and a duplicate without marking, almost impossible. Rubber stamps, since they are usually placed in the margins of paper documents, do not provide for the protection of the document. Stamps require existence (i.e., the appropriate stamp) and manual application that costs time and money. It is worth noting that the average business document is copied 19 times.

While electronic documents provide a partial solution, a PDF cannot protect a paper document. As long as we continue to generate paper, today’s business and legal environments demand paper document integrity. Because a document is most vulnerable at the time of printing, its marking should be done at that time. Graphical marking by the word-processor and the printer is the only efficient method of preserving the integrity of paper documents when they are printed.

For more information, go to StampIt for Word at (http://www.stampitnet.com). StampIt provides a complete solution to paper document marking and signatures without the use of rubber stamps.

Atlanta’s Oglethorpe University plans to display President Franklin D. Roosevelt’s 1932 campaign speech on the Depression.  The speech was given to the 1932 graduating class, and echoes what we have heard from candidates throughout this year’s Presidential campaign.

“We need to correct, by drastic means if necessary, the faults in our economic system from which we now suffer,” said Roosevelt.

Much of what has gone on in the economy over the last few weeks is hauntingly similar to the time of the Great Depression.  The government has and continues to relieve the struggling economy that has plummeted to historical lows.  

“We have not been brought to our present state by any natural calamity – by drought or floods for earthquakes or by the destruction of our productive machine or our man power,” said Roosevelt in the speech.  “This is the awful paradox with which we are confronted, a stinging rebuke that challenges our power to operate the economic machine which we have created.”

Tonight the United States Senate will vote on the revised $700 billion financial rescue plan.  On Monday the first version was shot down by the House of Representatives.  Republican presidential nominee John McCain, and Democratic nominee Barack Obama, and his running mate Joe Biden, confirmed they will be present for the vote.

President Bush recently addressed the nation on September 24, 2008 to gain support for the Wall Street bailout, only to see it fail to pass in the House vote.  It seems like Republicans in the House have gone to great lengths to separate themselves from the Bush administration, no better evident than by failing to pass this vital piece of legislation.  It is assumed the bill will get passed in the Senate vote tonight.

“The country needs and – unless I mistake its temper – the country demands bold, persistent experimentation,” said Roosevelt, “It is common sense to take a method and try it: If it fails, admit it frankly and try another.  But above all, try something.”

Now that the United States is “trying something”, let’s hope it works, and wish our next President the best of luck with this mess.

When it comes to legal public relations, attorneys often confuse editorial with advertising, and assume that media relations is only an effective tool for high-profile litigation cases. This lack of understanding of the role of public relations in law firm marketing has resulted in small law firms missing out on dozens of opportunities for rainmaking and building their book of business. The truth of the matter is that public relations is fundamental to increasing visibility and building credibility in your target market and therefore is at the heart of every good marketing plan.

Some common reasons attorneys cite for not incorporating public relations  are not having enough time, a lack of understanding of its role, or the dearth of resources to make public relations part of their business development plans. Coupled with stereotypes of the press, such as reporters’ interest lying with big law firm news or their only wanting the drama and not the facts, and the cynicism reporters have towards attorneys, it’s no surprise that media relations is frequently relegated to the bottom of business development activities, particularly if the firm has already achieved some “visibility” that did not result in new clients. 

Paramjit L. Mahli of The Sun Communication Group is a former journalist who has worked with international news organizations including CNN Business News, and now helps small to mid-sized law firms increase their visibility, build their reputation and helps them grow their business by using public relations. To get the entire report FREE “ How To Get A Reporter’s Attention Without Losing Your Shirt!” Sign up at http://www.suncommunicationsgroup.com/subscribe.html

• 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.

Happy Cinco De Mayo to everyone!  It’s Monday and that means it’s time to get back to the office.  May 5th means that we have made it a third of the way through another year.  So far, this year has been one marked by overall economic troubles and rather interesting presidential primaries.  It can be difficult at times to escape the day to day grind and take a step back to look at things on a larger scale.  But now that we are in the fifth month of the year, I believe it is time to take a day or two to analyze how the year is going for you in a business sense.

Each and every one of us starts the new year with plans for new business development and continued marketing and client relations strategies.  But having those plans is just the beginning, now it is time to see whether or not we are keeping up with those plans, and whether or not they are helping us achieve our goals.  Maybe you have been so busy trying to keep up that you have forgotten all about some of the new projects you wanted to implement.  Or maybe the tough economic conditions have caused you to alter the way you are handling business development practices up until this point.  Though everyone’s situation is going to vary, here are a few questions to ask yourself as you think a little bit deeper about your performance to date.

1. How is your online presence compared to where it was at the end of 2007?  This is an important one because online marketing is not only effective, but almost always cheaper and easier to implement than other marketing strategies.  Are you blogging?  Have you upgraded your website?  How are you showing up in Google and other search engines?

2. How many new contacts have you made?  These can be any type of contacts you may have since last year.  Maybe you went to a few networking events, or maybe you have gotten a few referrals from previous contacts.  It’s a numbers game and it is important, especially in today’s economy, to get out a meet people.  Develop relationships and see where they lead, because they can eventually lead to new business.

3. Are you spending money in the right places?  If you have started any new marketing campaigns this year, it may be time to look back and see what kind of return you are getting on them.  Since times may be slow, it is important not to spend too much money on something that does not seem to be working.  Take a long look at the numbers and see if you can’t cut some unnecessary costs or at least redistribute your money to those initiatives that have been working a little better.

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.

Welcome back to Friday and the return of the Friday Five.  After a week off, we decided that it was time to get back to the old ball game.  Being located in New York City has its advantages, just not when the Pope is in town.  Try getting from point A to point B when all points are closed.  Difficult is an understatement.  Anyways, today the Pope spoke before the UN and addressed some pressing international issues.  I feel he may leave the U.S. without addressing some of our most pressing issues.  What issues am I speaking of, find out below.

TOP 5 ISSUES NOT ADDRESSED BY THE POPE DURING HIS U.S. VISIT

1. Steroids in baseball.
2. Whether or not Barack Obama is an elitist.
3. Polygamist compounds.
4. The credit crunch.
5. Mandatory CLE.

Now, I know most of you are used to seeing a longer description for each of the items on the list, but if the Pope is too busy to mention them, then so am I.  Happy Friday!

In yesterday’s issue of the New York Law Journal, there was an article that caught my eye.  As someone who has spent a good amount of time analyzing internet based laws and legal issues, the headline “Law Would Restrict Internet Use-Based Ads” could not have gone unnoticed.  In fact, reading the article got me so fired up that I knew I had to make mention of it here.

The basic issue being discussed is a new bill proposed that would restrict the use of new behavioral advertising technology online.  Behavioral advertising is the process by which online advertisers can target users based on internet use and activity.  Meaning, they keep track of what you search for and what you look at, then deliver ads that are more pertinent to your perceived interests.  It is quite fascinating.

At the same time, it constantly brings up privacy concerns from people who are unfamiliar with the fact that almost everything you do online is traceable.  The new bill, proposed by New York Assemblyman Richard Brodsky, flies in the face of third party advertisers and all the money they have spent perfecting this use-based technology.  It is certainly an issue that will come up again and again, as the internet becomes a vital role in all of our lives.

The question really is, when you are in the privacy of your own home or at your own “private” computer, but in the “public” world of the internet, where is the privacy line drawn.  The internet is a public domain, with no regulating body, and therefore law makers will have a difficult time restricting the amount of data collection that is taking place.  

I would love to hear some different legal opinions on this issue, so if you have a particular stance please comment below.

For Daniel Gershburg, an attorney focusing on Bankruptcy, the credit crisis has a lot of his clients reeling.  He gets an inside look at the people that are really being affected by the struggling economy.  We recently asked Mr. Gershburg to explain some of the things that he thought were to blame for the current state of the economy in this country. 

Everyone wants to put the blame somewhere, but where?  In the end, it has to go on the individuals that got stuck in these bad credit habits.  People continue to borrow more than they can afford to buy things that they cannot pay off.  It is a nasty cycle, and one that has crushed many families and businesses in the past year.  People need to learn what it takes to maintain strong credit, and start to be smarter when it comes to matters of financial planning before things can start to turn around on the smallest level.

You can find more information on financial strategy and personal credit in Dan Gershburg’s new CLE program.  The course, entitled “Financial Advocacy”, will be hosted exclusively on Lawline.com and is coming soon.   Below, please enjoy a short clip from Mr. Gershburg’s interview.

The Fed has been taking steps to relieve some of the strain put on the economy in recent weeks.  Some of their actions, including a bailout of Bear Stearns and lending to Wall Street brokerage firms, are both very bold and unprecedented.  And now, it appears that the next bit of Federal Reserve “help” could be a program developed to help bailout struggling homeowners.

Today, I came across an article on CNN.com about a movement in Washington that seems to be gaining some momentum.  The proposal, which is scheduled to go before Congress sometime in the next couple of weeks, sets aside funds from the Federal Reserve to back billions of dollars in loans to people who are having the most trouble paying their current mortgages.  This is meant not only to ease the pressure that the banks are under, but to enable homeowners to have more time to make payments that they cannot make right now.

The debate will no doubt continue to wage on about these Federal bailouts because there is a lot to be said about a free market and how it should and should not work.  Many people fear that too much interference from the Federal Reserve now might cause more problems down the road.  It is something to think about, both financially and legally, as lawmakers continue to debate how and when to take action against the current economic crisis.

Spring is here.  Yesterday officially marked the start of a new season.  And it could not have come soon enough.  I think we are all looking for a little relief from the struggles of winter.  And we can all be thankful that it is Friday once again.  But today is Good Friday, so some of you may already be enjoying the beginnings of a long weekend.  If so, good for you.  But I am here to remind everybody that every Friday is Good Friday, and this is why!

TOP FIVE REASONS FRIDAYS ARE GOOD (I WOULD SAY GREAT BUT THAT DEFEATS THE PURPOSE OF THIS THEME)

1. Tomorrow is Saturday.  Call me Captain Obvious, but this is a big plus in my head.  Knowing that the next day I can sleep in and wake up to do whatever it is that I want to get done is an incredible feeling.  And although some of us work on Saturdays, it’s never a bad time for a weekend.

2. The Ride Home. Whether you drive, walk, run, train, or bus to and from work, the commute home on Friday has got to be amazing.  It is like the weight of the world is lifted off your shoulders for the next 48 hours.  You can relax and unwind, mentally preparing yourself for the great weekend that lies ahead.

3. Paychecks. Though the pay schedule varies depending on where you work, I think it is safe to say that Friday is Pay Day.  It’s the day when all of that hard work finally gets rewarded, and the bank account gets a well deserved boost.  Now you can pay off those bills, go out to a nice dinner, or just save up from something a little bigger down the road.

4. Casual Dress. Now this may not go for everyone out there, but who can ignore the classic Casual Friday dress code on a discussion of Friday perks.  Depending on where you work, who you work for, and what your schedule is like, maybe you can get away with jeans, or at least get out of that suit today.  It makes everything that much easier to deal with.

5. The Friday Five.  Last but not least, how can I leave off the best part about every single Friday, at least for the past 23 weeks.  The Friday Five, keeping your work week exciting now for 6 months, has to make the list.  And I hope you continue to enjoy it for another 6 months and beyond.

Happy Friday, Happy Easter, Happy March Madness…catch ya next week!

Being that this is an election year, of course immigration is going to be a hot topic of discussion.  The different candidates all have something to say on the subject of immigration, and it is hard to tell what is going to happen when the next President takes office.  According to some reports, there are as many as 20 million immigrants living in the US illegally right now.  That will have to be addressed in some way, whether it is allowing those who are already here to stay and closing down our borders, or enforcing  stricter deportation policies.

Recently, we asked Phil Kleiner, our resident expert on immigration laws, to talk about the issue.  He discussed the many possible scenarios that might play out in the next year or so with regards to this problem.  Below, you can find a short video clip from the discussion.  Phil Kleiner is a Lawline.com faculty member, specializing in immigration.  His most recent CLE program, Permanent Residency and Employment Based Immigration, can be found in our course catalog.

March means a number of different things to a number of different people.  For accountants, it means a lot of work.  For basketball enthusiasts, it means the greatest three weeks of the year.  And for the Irish, it means holiday festivities.  And this weekend into Monday, we can all be Irish.  This very special Friday Five is all about St. Patrick’s Day.

TOP 5 REASONS TO TAKE MONDAY OFF

1. Parades.  Many towns and cities will be having parades on Monday.  A parade is always a good time and a great way to keep your mind off of work on your day off.  Take the wife, the girlfriend, or the kids and enjoy the festivities.

2. Guinness.  Taking the day off for St. Patrick’s Day means plenty of time to enjoy a quality Irish beer.  Guinness makes a strong campaign every year, including millions of promotions at bars and around major cities.  They keep track of all the beer they sell every St. Patrick’s Day and continue to set records year after year.  They are one of a group of companies trying to get St. Patrick’s Day recognized as a federal holiday.  Good for them.

3. Wear Green.  Since many of us would be ridiculed, suspended, or fired for breaking the company dress code, and you know you want to wear green more than anything else in the world on Monday, do it somewhere other than work.  It’s that easy.  But if you do go in, may I suggest a green suit.

4. It’s Monday.  Even if it wasn’t St. Patrick’s Day, why not take advantage of a long weekend.  It’s starting to get warmer as Spring approaches.  Take the day off and enjoy something outdoors instead of spending the entire day in the office.

5. Catch Up on CLE.  We are in the middle of yet another month where many of you have CLE deadlines.  It may be your birthday coming up, the month you were admitted, or even the late filing deadline.  Whatever the reason that you need to complete CLE, why not take the holiday off to fulfill all your requirements quickly and easily.  Do all of your CLE right from your home computer with online CLE.

So even if you aren’t Irish, you can enjoy this weekend with those of us who are.  Because luck is on your side.  Happy St. Patrick’s Day!

Though many industries have found ways to use the internet to make their jobs easier and more efficient, some industries are slower to change.  The law, for example, is a profession where you will find a lot of people stuck in their ways, unwilling to respond to new technologies available.  However, with the vast amount of information systems out there, it is time that lawyers learn how to make the best use of the internet to help themselves out.

A company called Internet for Lawyers, based in California, has been trying to reach out to attorneys and show them how to accomplish a lot of what they have to do online.  After realizing that there was a great opportunity for research to be done on the internet, they saw a need from someone to teach these lawyers how to get the information the needed to have.  And so the continuing education company was founded with that goal in mind, to teach lawyers how to make best use of the internet.

Nowadays, with so much of our lives being moved online, it is about time that every industry learn to make best use of the internet and other technologies offered to them.  There are entire areas of the law focused on internet based activity and conduct, and with every new technology offered, those laws continue to adapt and expand.  Lawyers need to become familiar with everyday use of the internet both at work and at home.  Research is only a start.  Who knows what will come next…virtual trials?

It’s March.  Already I can hear the talk of March Madness down the road.  Meanwhile, the country is encountering a little of its own version of March Madness with the state of the economy.  Everywhere you look you are bombarded with messages of doom and gloom.  And today the new job report came out for February, with data that fully supports recession concerns.  But do not panic, because when people panic, that is when the real problems begin.  Luckily, we have a Friday Five full of advice to help you avoid the media craze.  Enjoy.

TOP 5 WAYS TO AVOID THE RECESSION PANIC

1. Turn off your TV.  Recently it seems that every single channel on TV worth watching has news shows and updates.  You cannot watch the news without negative economic reports, and since you cannot watch TV without watching the news, avoid it altogether.  The only TV allowed will be movies, or anything pre-recorded without the commercial breaks.

2. Turn off your radio.  See #1.  The only radio allowed are satellite stations with non-stop music and no commercial breaks, which permit brief news updates that you do not want, or need, to hear.

3. Turn off your computer. I would say just stay off of your internet browser on this one but I know most of us will check our email constantly.  Not even your email is safe from news updates these days.  And the news media is the enemy here.

4. Work Hard.  This suggestion comes from two different angles.  The harder you work, the less you will be able to think about anything else, especially the terrible state of the economy around you.  In addition, it will help you avoid becoming a statistic on next month’s job report.

5. Keep Smiling.  If you are going to buy into the media frenzy that is being stirred up, keep a smile on your face so you do not spread it around.  Panic is like a disease, a very contagious one at that.  So keep smiling and you won’t get those around you as depressed as you are.

So there it is, take it or leave it.  Remember this, recessions are temporary, and the media is greedy.  Enjoy your weekend!

Happy Leap Day everyone!  It’s the one day every four years that begs the question, “Why isn’t it March yet?”  Don’t worry all of you March fans out there, your day will come tomorrow.  But for now, why not sit back and enjoy the extra 24 hours that you just got added to your year.

TOP FIVE REASON LAWYERS SHOULD LEAP

1. It’s Friday.  Since you are reading the Friday Five, you already know that it is Friday, but you can still celebrate.  Another grueling week behind you, it’s time to enjoy a few days off.

2. $$ Billable Hour $$.  Sure, the price of a gallon of gas will soon be $4, but the hourly rate for attorneys is rising at an ever faster rate.  With $1000/hr guys walking the streets, you can rest assured that you are well worth the money.

3. Your Job.  With the state of the economy where it is, you are lucky to be comfortably employed.  Either your firm sees your value or you are a solo practitioner still able to find and keep clients.  However, if in fact you have been laid off, skip to #4.

4. Your Free Time.  For those of you that have lost your job, you can take solace in the fact that more firms are laying people off now than ever before.  Now you have some free time to evaluate where you are at.  Maybe there is something you would rather be doing?  Maybe you want to start your own practice?

5. Cheap, Easy Online CLE. I’d be lying if this fifth one wasn’t a little selfish, but why not leap for CLE?  A bad economy means your time is very valuable.  So now, you don’t have to worry about fitting in big, expensive CLE conferences and seminars.  It’s all right at your computer anytime you need.

Whatever your reason, take this added day to enjoy yourself.  After all, it’s not every year you get this kind of time, only every four.

Is it me or has everyone in the world gone mad?  Okay, so that may be a little over-dramatic but there is one issue in the news right now that really shocks me.  I saw the headline, “Utah Students Hide Guns, Head to Class” on CNN.com and decided to investigate.  Apparently, Utah has passed legislation that allows students and teachers at public universities to carry concealed weapons on campus.  This, in the wake of the second major school shooting incident in a year.

At first, I thought to myself, “Wow, people from Utah are a little different”.  Then, after some further investigation, I saw that one other state (Colorado) has passed the same legislation, and it is pending legislation in about ten other states.  What is going on here?  Is it really a good idea to allow students to equip themselves with guns to prevent a shooting spree?

Before, if you saw a kid on campus with a gun, you know there is something wrong.  That kid needs to be stopped immediately before he harms anyone.  Now, we are trying to make it perfectly legal for everyone to carry a gun around.  Basically, if you are 21 and have a permit, fair game.  I would love to know what law makers are thinking, or were thinking, when they came up with this legislation.  Am I the only one who thinks a college campus should be gun-free?

It’s not every day that Continuing Legal Education, CLE, makes the news.  So when it does, it makes sense to write about it.  By now, many of you probably heard the story about a prominent Minnesota prosecutor who was found in violation of the state’s CLE requirements over a 20 year span.  The penalty: $900 and a two year probation.

Now, I can understand an attorney might not like taking CLE courses, or might not see the value in some of the CLE programs that are out there.  However, this is a blatant disregard for the rules and should have been met with a heftier punishment.  The $900 fine amounts to only $45 for each year of non-compliance, a value far lower than the average attorney spends on CLE each year.

I think the real issue here is not necessarily the CLE, although that is what drives the problem, but the fact that the attorney was practicing when he should not have been.  Perhaps his ability and skill as a lawyer was not affected by a lack of CLE compliance, but the point is that an attorney has an ethical responsibility to his clients to comply with all rules and regulations.  And if that is too difficult, or too much of a hassle, something is wrong.

On the Friday leading into Presidents’ Day Weekend, it only seems fitting to think about the oval office.  Who’s been there, who’s going to be there next year, and what you are going to be doing on Monday instead of coming into work.  And, as lawyers, it is important to note that of the 43 leaders this nation has had to date, 25 of them have been lawyers.  This is a staggering number, one that does not go unnoticed.  There are many reasons that a lawyer would make a good president, but only five that made our list below.  Enjoy!

TOP 5 REASONS LAWYERS MAKE GOOD PRESIDENTS

1. Good Negotiators.  Negotiation plays a key role in many aspects of a President’s responsibilities.  You have to be able to negotiate with lawmakers to pass certain bills, as well as deal with other world leaders to work out deals and international laws.  Negotiation is a give and take where both sides end up happy with the result, and lawyers have a lot of experience in this type of interaction.

2. Confident Speakers.  Lawyers have to be able to convey their thoughts clearly in front of a group of people.  They have to sound knowledgeable and accurate at all times.  This is important in a President because a good speaker can have a calming effect on the country.  In addition, the speeches that a President makes can have a lasting effect on the nation’s policies and affairs so it is vital to send the right message at all times.
 
3. Knowledge of the Law.  This one is pretty obvious, as lawyers of course you will have a strong knowledge of the law, especially the area you practice.  When a President has a knowledge of the law it adds to his ability to govern.  Key areas such as constitutional law, international laws, and business and corporate law will play a huge role in policy decisions of any president.  And we have seen what happens when a president takes action with no regard for the law whatsoever.

4. Problem Solving.  Lawyers have the ability to see a problem from a number of different angles.  As a trial attorney, it is key to learn all the facts of a case and choose the best course of action in order to win a case.  As president, it is important to gather all the necessary information about every decision that needs to be made and choose based on the greater good of the people.  Presidents need to be able to see all the possible solutions and outcomes, and then choose the best option.

5. Bullsh*t Ability.  Let’s face it, the President will get into a tough spot from time to time.  They all have.  Most of the time it cannot be avoided, especially because of the constant media bombardment.  It is important for a President to think and act on the fly in order to keep the nation’s confidence and support through the tougher times.

In the end, who’s to say what really makes a good president.  Law has definitely proved to be a good launching point for a Presidential Nominee.  25 men have made it from the law office to the oval office, and we may see yet another one do it this year.

I read an article today boasting that South Korea held its first “trial by jury” today as part of a larger overall judiciary reform.  This means, that in a country where trials were heard and decided by a judge alone, are now heard by a jury and decided by a judge. 

At first, like most other people who read the article I am sure, I was very content with the direction the country is moving.  I thought to myself, that’s the first step, now keep it up.  But that got me thinking.  As an American, am I so biased to our judicial system that I think every other country should operate the same way.  Who am I to say what type of judicial system would work the best in any country?  Is a trial by jury any more fair or just than a trial heard and decided by a lone judge?

In my mind, I think it very American of each and every one of us to assume we know the solution to everyone’s problems.  We like to think that we do things the right way and that everyone else had better do it our way or else they are doomed to fail.  But for once, I think this topic could get the conversation started on whether or not we really know what we are doing at all.  I am interested to hear back from all attorneys, judges, and civilians alike to see what types of thoughts people have on this subject.  More to come…

Sex offenders are pursuing potential victims online.  This is an ever growing issue that many social networking sites such as Facebook and MySpace face on a daily basis.  And now government action is being taken for the first time.  NY Attorney General Andrew Cuomo announced last week that he and legislative leaders have agreed on a bill restricting activities of New York’s registered sex offenders to their use of the internet to attract potential victims.  How will this be accomplished?  By putting it the hands of the sex offenders!

According to the bill, registered offenders would be required to report all email addresses, instant-messaging screen names and social networking monikers to the state Division of Criminal Justice Services.  In addition, the statute appears to be silent as to penalties for sex offenders who fail to report their information. 

Now while I agree that something needs to be done on this issue, should we really trust the offenders to be completely honest in giving up their information?  How is this to be monitored?  That is like asking anyone who commits a crime to let us know when and where they plan to commit the next one beforehand.  It would be great if it worked, but who is that stupid?  Listen, registered sex offenders obviously have a problem, and I don’t think asking them to help us stop them is the right answer.

As an Online CLE provider, Lawline.com deals a lot with legal assistants and paralegals who are interested in our Continuing Legal Education programs.  That got us to thinking, what makes a good paralegal or personal assistant?  Attorneys, like any employer, should know the fundamental skills and talents they are looking for when they decide to hire.  A bad hire, whether it is a personal assistant, secretary, or paralegal, can cost you unnecessary time, money, and stress.  This week’s Friday Five is our guide to a successful hire.

TOP FIVE THINGS ATTORNEYS SHOULD LOOK FOR WHEN HIRING HELP

1. Communication Skills.  This is crucial.  The ability to communicate in person, on the phone, and through email is as important as any other skill.  To limit wasted time and effort on your part, you need to be able to rely on your assistants to communicate with clients and other personnel as if it was you the whole time.  The more they can do and say on their own, the less time you will have to spend clearing up mistakes or dealing with insignificant tasks.

2. Professionalism.  These people that you hire will be interacting with your clients on a daily basis.  In a way, they represent you and your practice just as much as you do.  You need to make sure that they appear professional and well-mannered at all times in order to give the people they see the right impression.  That all starts with how they dress and act on the initial interview, so pay attention.

3. Career Goals and Aspirations. This does not necessarily mean that they are using the job as a stepping stone to bigger and better things, but a good employee should be able to tell you about their goals.  If they have a clear vision of what they desire in a job and future positions, you know that they are confident and determined workers.  They will be more likely to put in the extra effort to get things done.

4. Proven Analytical Skills.  This is obviously very important in the legal profession.  Employees need to be detail oriented and willing to do some in depth research.  Even the smallest mistakes can be costly if you are working on a case, so make sure whoever you hire understands that.  This can be hard to identify in the interview process, but experience with some type of research is always a good thing to look for.

5. Experience/Interest in your Practice Area.  Experience in the legal profession is definitely preferred for the simple fact that is cuts down costly training.  The less you have to coach and train someone, the more you can get done.  Even better is if someone has experience in your particular practice area, because they will be familiar with certain types of cases, forms, procedures, etc.

In the end, it is not easy to say what makes a person a good employee.  A lot of employers use trial and error techniques, basically hoping that they get the type of worker they need.  Hopefully the tips above will give you a basic starting point to build off of.  But just like anything else, you learn from experience, and the more people you hire, the clearer it will be exactly what you are looking for.

By now, everyone has heard the news.  Microsoft made a $44.6 Billion bid to acquire Yahoo late last week.  The deal, which would be the biggest that the technology industry has seen, has raised a lot of concerns on all sides.  At $31/share, Microsoft has set the bar very high and it is unlikely that other bidders will be able to compete.  Even rival Google, who appears to be the target of the takeover, will most likely stay out of a bidding war with Microsoft.  Instead, they have offered to do whatever they can to help Yahoo avoid a takeover attempt.

Google could use their political presence to urge lawmakers to scrutinize this deal.  Certainly, the combination of two internet powerhouses will bring about antitrust concerns in Washington.  And Google will most likely have something to say about every facet of the deal as they try to maintain their huge competitive edge in the online search and advertising markets.

This will not be the first time that Google and Microsoft go head to head in Washington.  Microsoft successfully delayed Google’s acquisition of DoubleClick, an online advertising company that Google bought last year.  But if Yahoo takes the deal, or Microsoft goes hostile, the deal is most likely to pass through Congress with little trouble.  If anything, it provides increases competition in an industry currently dominated by Google.

Still in its infancy, this deal has to go through a lot in order to be completed.  For right now, we will all continue to speculate and comment on what could be.  Yahoo will need plenty of time to evaluate the bid and shop for other solutions.  This kind of thing will take a long time to settle but when it does, it could mean a new age of Google – Microsoft competition.

Last night’s Superbowl lived up to the hype.  It was a great game made even greater if you are a Giants fan (or just a Patriot’s hater).  And I have a feeling that the blog I wrote last Friday helped the cause just a bit.  But now it’s Monday morning, and even though the Giants and Pats will be taking some time off, the rest of us are back at work.

Unfortunately for NFL Commissioner Roger Goodell, he will be back to work quicker than expected as well.  The commissioner will meet with Senator Arlen Specter to discuss the issue of the Spygate controversy involving the Patriots illegally taping games to gain an edge over opponents.  The Senator says that the way the whole situation was handled has to be questioned, and it could lead to Senate hearings on the subject down the road.

The legal implications of this could be larger than we expect.  Though they will most likely pale in comparison to Baseball’s Steroid Investigation, an investigation into the practices of “cheating” in the NFL will do nothing but bring about negative publicity for the sport and Roger Goodell.  If it is found that Goodell ignored the issue for the most part and then destroyed evidence of further cheating, he could be in trouble.  And Patriots officials have to be careful as well, because there have already been further accusations that have surfaced about additional illegal filming activities.  We will have to see how this situation unfolds, but it will certainly be a main topic of discussion this offseason.

It’s the one weekend a year where everyone is a football fan, and the NFL reigns supreme over everything.  Not even the primary elections can compete with the attention that the Superbowl will get over the next few days.  Even today’s Friday Five is all about this year’s Superbowl matchup between the New England Patriots and the New York Giants.  The Patriots, coming in at 18-0, are trying to become the only team to go undefeated and win the Superbowl since the Miami Dolphins did it in 1972.  The Giants will be trying to pull off the upset and complete a magical run through the postseason.  And, being that we are a New York based company, guess who I’ll be rooting for?

TOP FIVE REASONS THE GIANTS WILL PULL OFF THE UPSET

1. Eli Manning has no idea where he is.  I think it is pretty clear when you watch Eli Manning speak that he is lost to the world.  Now most people might think that would hurt his chances on Sunday.  I beg to differ.  He has an uncanny ability to remain calm and cool in pressure situations, never showing too much emotion.  That will help him control the game against a sterling Patriots defense.

2. Tom Brady broke a bone in his foot (I suspect).  I know we have all seen the video and heard the news by now.  Tom Brady has been wearing a walking cast on his foot over the last week or so.  He has been very limited in practice, and even though he will most likely play, it is very probable that his injury will limit his effectiveness this weekend.

3. Week 17.  In the final game of the regular season, the Giants just missed an opportunity to end the Patriots run at perfection.  Now, they get a chance to do it again.  Now they are more confident and have more experience facing Tom Brady and the Patriots offense.  This will prove to be valuable and could increase their odds of success this time around.

4. Spygate.  Back in week 2, the Patriots and head coach Bill Belichick got caught cheating by “spying” on the other team’s sideline to learn signals and play calls.  Now, even though the NFL basically dismissed this with a minor slap on the wrist, the football gods took notice.  There is no way that they would allow the greatest season in history to be marked with an asterisk.  So, that is why this will not go down as the greatest season in history, but as the biggest upset of all time.

5. Heart.  Let’s face it, even given the fact that the Patriots are playing for perfection, the Giants have to want this win more.  They have not been to the Superbowl since 2000 and have not won it since 1990.  The Patriots, on the other hand, have won it 3 times in 6 years.  Tom Coughlin, Eli Manning, Michael Strahan and the group must finally be feeling that this is their time and it will show on the field.

If you are lucky enough, or rich enough, to be attending this game, you will be sure to witness one of the best Superbowls ever.  For the rest of us sitting at home or at the bar, watching it on the big screens and diving into our (insert Superbowl party food here) will have to do.  Either way, I’m excited!

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.

Big news for Lawline.com today.  This weekend, The Green Valley Ranch Resort in Las Vegas will be the site of the annual ACLEA (Association of Continuing Legal Education Organizations Conference.  As an online CLE provider, of course we will be in attendance.  But even better than that, our President, David Schnurman will be giving a presentation entitled, How to Write a Business Plan for your CLE Organization.  So, in honor of that, this week the Friday Five is all about why you need to go see this presentation.

TOP FIVE REASONS TO SEE DAVID SCHNURMAN SPEAK AT THE ACLEA CONFERENCE

1. It doesn’t matter what you do in life, the fundamentals of planning and setting goals will hold true.  This presentation is as much about the basics of a business plan, as it is about the important of such things as laying out your goals and projections, and following a vision.  It can help any professional to think about their approach to business, investments, and life in general.

2. David will be presenting with a representative from New York County Lawyers Association, our new partner.  This is a great chance to discuss the Continuing Legal Education world from two different points of view, online and offline.  It will be interesting to compare and contrast the missions of the organizations and the basic strategies they use in day to day business.

3. Not only did David write the business plan for Lawline.com, he founded another company called TrueNYC.  You will be getting advice from someone with experience writing business plans that have been successfully put into action.  He will walk you through the do’s and don’ts in addition to general strategy.  It will be an hour jam packed with information.

4. I wrote and prepared the entire presentation so you know it will be good.  I stayed up many a cold January night to get this presentation set up and finished before the conference and I think you need to be there to give me the respect that I deserve.

5. It’s Vegas Baby!

If you can’t make it out to Vegas this weekend, that is a real shame.  You will be missing a once in a lifetime event.   Maybe, if you’re lucky, we’ll tape it and let you watch it on the website.  Happy Friday!

At Lawline.com, you know that we are always paying attention to the newest and best technologies available.  It is quite obvious that the more technologies available to lawyers, the easier it is to manage the many obligations of the legal profession.  In this edition of the Friday Five, I want to pay special attention to the latest and greatest mobile devices and how they can help make the life of an attorney a little easier.

TOP 5 WAYS TO USE YOUR MOBILE PHONE OR PDA FOR LAWYERS

1. TRACK BILLING TIME.  Many of the latest mobile devices have time trackers and stop watches built in that are perfect to use anytime you are working on a case.  Simply stop and start every time you are in a meeting, on the web, or on the phone with clients.  This way you have an exact time instead of trying to remember your hours later.

2. ACCESS DOCUMENTS FROM ANYWHERE.  With the ability to access the internet and store documents, newer smart phones allow you to carry everything you need everywhere you go.  Instead of lugging around physical files and folders, or a laptop, you can access anything you need in the palm of your hand.

3. DO RESEARCH ON THE GO.  Again, the ability to get on the web from any location can come in handy if you need to do some research on a case out of the office.  This is great for commuters and travelers who spend a lot of time on the move.  You are no longer constricted to your office when it comes to researching case files.

4. MANAGE CLIENTS.  Wireless access to email and messaging services allows you to keep in touch with your most important clients no matter what.  Clients will appreciate this and it will help you retain more clients at one time with the ease and mobility of communication.

5. MANAGE YOURSELF.  With the countless personal organization tools on every Smartphone, it will be easier than ever to manage the many obligations you have.  Some examples of useful tools are calendars, phone books, schedules, alarms, reminders, maps, and GPS.  Use them wisely and you may find that you can juggle all your responsibilities and then some.

In addition, many new phones have multimedia abilities built in, making it possible to listen to Continuing Legal Education on the go.  That makes sense, especially for lawyers with busy schedules (most, if not all) who need to complete CLE requirements on their own time.  With these phones getting better, smaller, and more affordable, it makes sense to take advantage of all the tools that they provide.  It can make anyone’s life much more manageable.

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.

The other day I had a brief communication with Scott Greenfield, a Criminal Defense Attorney in New York.  He had written a post on the state of Continuing Legal Education and we both agreed that it had gotten stale.  We spoke about Lawline.com’s goals of making newer, more interesting programs that attorneys would enjoy.  He took our conversation and wrote a blog post about Lawline.com on his blog, Simple Justice.  

If you are interested in reading the entire post, please click here.

Should lawyers be constrained by the truth?  That is a question that carries with it a lot of moral and professional issues.  It is also a question that can be answered in many different ways depending on the given situation, or the person responding.  That is why it makes the perfect subject for a Continuing Legal Education seminar.

Lawline.com recently filmed a new CLE program featuring Joel Cohen, Michael Ross, and James Bernard.  The three attorneys discuss different ways that the “truth” affects the way the law is practiced.  They give a good overview of different situations in which the truth can help or hurt a case, and what the ethics codes say on the subject.  Drawing from real world experience as well as a firm grasp of professional responsibility rules, the conversation covers many ethical questions from every angle.

This program is filmed as a roundtable discussion between the three attorneys.  Every time a new question is posed, each attorney offers their opinion of the matter.  This makes for a very interesting video that fulfills one hour of the mandatory ethics CLE requirements.  Please enjoy a short excerpt from the lecture below, and keep an eye out for the full course on Lawline.com.

With the Holiday Season upon us, more and more Americans will take to the road for family visits and vacations.  This article will address various safety tips that will help you get to your destination safely and avoid being pulled over by a police officer.

Traffic: You invariable will be caught up in a traffic jam.  Take a deep breath and relax.  Consider this part of the “cost” of travel.  Getting aggravated doesn’t help and can only lead to an accident.

Focus: Concentrate on your driving.  Do not text message, check emails or engage in any other distracting behavior.  Your IQ and response time diminishes dramatically the more you multi-task.

Drive in a group:  When driving on a highway, stay within a grouping of other cars.  It is easy for a police officer to isolate a sole vehicle than one within a group.

Remain attentive: Keep scanning the road ahead for areas where another vehicle can cut in front of you or where police could hide.  Also, do not forget to check your rear view mirror for tailgating motorists.  Keep a constant look out for traffic signs or markings which apply to you.

Vehicle condition:  A vehicle with, for instance, a broken head light presents a danger to you and other motorists (and also is an open invitation for police attention).  Make sure you care is in proper working order before embarking on a trip.

Police Stop:  If you are stopped, be courteous.  Abrasive behavior is a sure way to “earn” a traffic ticket.  Also, do not volunteer too much information.  When the officer asks you “Do you know why I stopped you?” simply state “No” or “No, but I am sorry to have troubled you”.

Armed with this information, you should be able to make it to any destination without many problems.

Matthew Weiss, Esq. is the senior member of Weiss & Associates, P.C.  His New York traffic ticket law firm  defends 1,000s of motorists from any type of New York traffic ticket, speeding ticket or truck ticket issued in New York. Visit "New York Traffic Lawyer" for more information about Mr. Weiss.

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.

The estate tax code in the United States has a bit of a loophole.  The way the code is written right now, the tax lessens every year until 2009, and then disappears completely in 2010, only to go back to a higher level in 2011.

We recently spoke with James Cohen, partner at the firm Kleinberg, Kaplan, Wolff and Cohen, P.C.  He has spoken about this issue with many people, including Joe Lieberman, who he knows well.  When speaking with Mr. Lieberman, he joked about how the loophole in the Estate Tax Code could cause some problems.  The two spoke seriously about the fact that it could cause murders to go up that year.

For instance, if someone has an elderly parent with a large estate and they die, usually the estate is taxed up to 50%.  If this happens in 2010, that tax is zero.  And who knows what some people will do to get at all of that extra money.  Along those same lines, if a person is sick and near death in 2009, there is a huge incentive to keep the person alive until the next year.  The best thing that Washington can do is to take a long hard look at the tax code and revise it to better fit the year 2010.

Enjoy the video with James Cohen below and look for his upcoming CLE program on Lawline.com entitled Legal Aspects of Appraisals of Tangible Personal Property.

Happy Hanukkah to all of our Jewish readers out there.  We are right in the middle of 8 crazy nights on this, the first Friday of December.  This week, the Friday Five would like honor the holiday that lasts 8 full days by asking, “What else should be eight days long?”  And I think we came up with some pretty good answers for your reading pleasure.  Enjoy!

TOP 5 EVENTS/ACTIVITIES/THINGS THAT SHOULD ALSO BE 8 DAYS LONG

1) Election Day.  I apologize for being so serious for a second but this one is really something that I think is true.  The fact that elections in this country last only one day and takes place only at random designated locations makes it near impossible for many people to vote.  It discourages a huge portion of the working class, single parents, college students, and anyone else with time and location restrictions from even attempting to vote.  In a country where Election Day turnouts continue to drop, maybe it is time to take another look at the system.

2) Happy Hour.  Okay, now we are back on track.  Happy hour specials at your local bars are all well and good, but a lot of times they are too early to get the full enjoyment.  Imagine a magical bar, picture yourself at the door.  “What time is your happy hour,” you ask.  “Well it starts now, and lasts for eight days,” says the bouncer.  Perfect.

3) The Weekend.  I am not saying that we should just take all the weekdays and turn them into weekends.  No, I am saying that maybe we should rethink the whole calendar establishment in general people.  I mean, who says there are only seven days in a week.  Furthermore, who says we have to work at least five of them.  I say we make the week 13 days long, and we take off at least 8 of them.

4) The NHL Season.  I have to apologize for all you hockey fans out there for this one, but it’s time to face the facts.  There are many reasons why the sport is slowing dying a miserable death in the United States.  One major reason, the season is way too long.  This isn’t baseball people, let’s get straight to the point.  I say, just start out with the playoffs, which are the only games actually on national TV in the first place.

5) Winter.  Being this is the first Friday Five in December, it’s time we talk about how cold it is getting.  There is no reason to have a whole season for cold weather.  I think you can cram everything into one week and we would all be happier.  Christmas, Hanukkah, New Year’s, and one big snowstorm for winter sports enthusiasts.  That’s all that is really necessary.  Get that groundhog out here as early as possible please.

And so ends another edition of the Friday Five.  I hope I didn’t hurt too many people’s feelings this time.  On behalf of all us here at Lawline.com, have a safe and happy holiday season.

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!

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.

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!

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.

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 past 25 years, continuing education requirements have increasingly become mandatory for most professional fields in the U.S.  What was once thought of as isolated mandates made by the respective professions' governing boards, is now a national trend.  Today, Continuing Education is mandatory for Law, Accounting, Real Estate, Psychology, Pharmaceuticals, etc.   So what's the reason for the shift towards mandatory CE?
 
Gone are the days when simple word-of-mouth can supply you with all the clients/patients/partners you need.  The internet, fueled by lightning fast search mechanisms and an endless array of advertisers, gives consumers more choices of professionals than one could ever hope to need.  With this endless display of professionals to choose from, comes an even greater issue of "Buyers Beware."   Consumers want protection and deserve accountability.  Why pay for the services of one who may not have furthered their studies in their practice area in possibly years?   Consumers have a right to get the most out of their money, just as the governing bodies of individual fields have a right to put their best people forward.  Mandatory Continuing Education ensures that passing the Bar, receiving a license, or becoming accredited, doesn't mark the end of a practitioner's formal education - but rather, just the beginning.  After all, there is a reason that Law, Medicine, Accounting, etc is called a "practice" as opposed to a "profession."  By the nature of the word, shouldn't working in a "practice" require some sort of continued education or training?
 
So what fields will Continuing Education become mandatory in next?   Journalism?  Banking?  Maybe even Culinary Arts?   Regardless, CE is soon becoming a staple of professional businesses and fields.  And rightfully so.  Just as you wouldn't want your physician treating your migraine with penicillin, you wouldn't want your attorney offering obsolete and out of date legal advice.  So the next time your CE requirement's deadline approaches, don't look at it as "useless" or "inconvenient", but rather, a way to stay up to date, ahead of the game, and most importantly, as serviceable and functional to your consumers as possible.  

Lawyers and law firms today are growing and competing in a rapidly changing legal environment. The drive to gain clients, work on bigger cases, and continue to deliver faster and higher quality service is increasing. This makes the jobs of paralegals and legal assistant ever more important. With this in mind, it is no wonder why more and more law firms are requiring that their paralegals take some form of continuing legal education.

Continuing legal education for non-lawyers is becoming popular for a number of reasons. First, law firms realize the value of more knowledgeable assistants. They can take on more responsibility on certain cases dealing with laws that they are familiar with. And especially withan increase knowledge of ethics, there is greater trust with access to important and many times confidential documents.

Secondly, it encourages the paralegals to take on more of an active role within the firm. When these assistants realize that learning about different aspects of the law can help drive their careers, they become focused on increasing their own knowledge and expertise. It motivates them to work harder on cases when they understand completely the processes that are taking place.

All around, continuing legal education for paralegals seems to be a win-win situation. It is no wonder why many of the larger firms have already started to introduce CLE to their assistants. It is anticipated that this will become more commonplace in the future and may one day become a mandatory requirement.

Nobody likes deadlines. Deadlines mean you have to get something done. Deadlines mean you are in a hurry. Deadlines bring about stress.

Well, the Virginia continuing legal education (CLE) deadline is coming up on October 31st. And just like any deadline, people usually wait until the last minute to do anything. This causes a feeling of being overwhelmed; so much to do, so little time. If you are one of those lawyers who has yet to complete this year's requirements, here are 5 great ways to relieve the stress over the next two months.

1) TAKE SOME TIME OFF. I realize that we just got through the Labor Day weekend, but working hard day in and day out, takes its toll. And there is no way to do CLE while you are plugging away those hours in the office. So give yourself a break and take a long weekend to yourself. Spend some time with the kids. Then sit back, relax, and listen to a CLE course.

2) GET SOME EXERCISE. A good run or an hour at the gym is a great way to forget about everything else going on in your life. It gives you a chance to concentrate on one thing, and clear your mind of the stress that is holding you down. Once you sweat out the worries of holiday planning, client management, and putting your kids through school, you will be able to concentrate on the more important things. And you will feel good about yourself for doing it.

3) LISTEN TO MUSIC. And I don't mean something depressing or loud and obnoxious. Most of the time that kind of music does nothing but add stress. I suggest something relaxing, easy to listen to. For those of you looking for something like that, I recommend such bands as The Shins, Dave Matthews, Jack Johnson, etc. All you need is a guitar, a soft melody, and a soothing voice. Just let the music take over, and you will leave all thoughts of deadlines behind.

4) DO SOMETHING SPONTANEOUS. I don't care what it is, but if you change up your daily routine once in a while it will go a long way towards feeling better. If you feel run down by the pressures of work, life, and CLE requirements; just change the pace. Go for a long drive, take the family out for a night on the town, go out and have a drink after work. Whatever it is, take advantage of a few hours in your day and do something completely different and out of the ordinary. It makes the ordinary seem more bearable.

5) GET IT OVER WITH. The best way I know of to forget about the pressure of the CLE deadline is to get it done as quickly and easily as possible. Sure, the first four suggestions are great for clearing your mind, but eventually you have to get these credits over with. For quick and easy CLE, give your online options a try. Lawline.com offers a variety of courses that you can take right at your computer, from home or work, anytime. So if you are starting to feel the stress of the October 31st deadline, these courses will help.

So stop wasting your time complaining about CLE requirements and do something about it. After all, the Virginia CLE deadline is not going away.