Lawline.com

Land use and zoning attorney Stuart Beckerman recalls his path to finding his practice of law. He also describes a recent favorable decision that he obtained for his client and even the city of New York. Finally, Beckerman explains what keeps him passionate about his work and why he could not be happier professionally.

In honor of attorney Ronald Katter's return to Lawline.com, take a behind-the-course look at his latest program. Ronald reveals when and why he first knew he wanted to be an attorney, and discusses one of his early successful cases. He also discusses what keeps him passionate about his practice.

In this Exclusive Lawline CLE preview Entrepreneur, Sergio A. Fernández de Córdova, and attorney Joel Wagman, discuss the complex relationship between and entrepreneur and an attorney. When it comes to deal making what are the priorities and who is in charge of the risk at hand?

Andrew Bluestone discusses when he first knew that he wanted to be an attorney. He also reveals his surefire motto for success for attorneys. I'll give you a hint.... it involves some very early mornings. To see Andrew Bluestone's exclusive Lawline CLE course go to Lawline.com.

40 years as a personal injury attorney, Robert Conason, what's your secret? What sustains his passion for his practice? Two words- responsibility and concern. Conason also puts a new positive twist on the phrases "sitting on your rear end" and "compulsive neurosis."

In this episode of Behind The Course, Lawline CLE Faculty Members and partners in crime, Josh Silber and Richard Abend discuss their Personal Injury and Medical Malpractice practice. They also recall the first case that they each tried, and what's important to remember when entering the legal field.To see more courses from Richard Abend and Josh Silber go to Lawline.com.

Like father like son, Andrew Smiley discusses how his father introduced him to the Legal World and how his "old school" teachings gave him an advantage over his "new school" contemporaries. He further relays his passion for teaching and Continuing Legal Education. Go to Lawline.com to see Andrew's full course, Practical Guidelines for Getting Items Into Evidence, with a special guest appearance by yours truly!

In a post CLE interview, Ben Brafman and I sat down to discuss a side of criminal defense law that most attorneys may not know. Ben opened up about the addictive nature of the human drama in criminal defense. Although it's not always easy or fun to be Ben Brafman, he knows why he continues to practice, and believe me, he's not throwing in the towel any time soon.Go to lawline.com to view Ben Brafman's CLE courses.

The Legal Beat Takes you Behind The Course to meet faculty member, George Brunelle. Through his course on how to run a law firm ethically and profitably, he remembers the first night that he opened his own firm and why and how he knew he had made the right choice. He also recalls our first meeting and why teaching attorneys through CLE is so important. Go to Lawline.com soon to watch the full course.

In this episode of Behind The Course, Lawline.com introduces one of its faculty members, Criminal Defense attorney, Marc Agnifilo. Agnifilo discusses his passion for bonding with the humanity of every case. He also reflects on how he has changed as an attorney after 25 years of practice and even recalls his first big trial which involved bagels and a Machete! Lawline.com, meet your faculty member, Mark Agnifilo, and for more of Marc's CLE courses go to Lawline.com. 

In a final round of questions, Alan Schnurman reveals what maybe his own children did not know. With the help of the famous interviewer Bernard Pivot and his questionnaire, Alan answers the tough questions, like his favorite sound or alternative profession considerations. To see Alan's other interviews and courses go to Lawline.com and The Legal Beat.

Tax attorney, Jany Sabins, didn't plan on practicing tax law, but now it is the focus of her practicing. She also has invaluable advice for females breaking into the legal field.Go to Lawline.com to view Jany's course on estate tax planning,Tax Planning in Wills: Time is of the Essence.

Lawline.com faculty member Fernando Pinguelo and his 15 law review students of his eDiscovery Course at the prestigious Seton Hall Law students will channel their insights on today's hottest eDiscovery issues right here through The Legal Beat.

Fernando has also published an extensive reviews on the topic of eDiscovery, and will soon be presenting The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses, at The Cardozo Arts & Entertainment Law Journal Annual Spring Symposium, March 4, 2010. Fernando's blog e-Lessons Learned ia an ABA Top 100 blog.

Check in with the Legal Beat to get all the latest briefs of Fernando and his students legal insights.

In the third and final installment of On the Line with Alan Schnurman, Alan discusses the stakes of New York real estate and making patience the key to any success. Go to The Legal Beat to view Part 1 and Part 2 of Alan's On The Line interview, and go to Lawline.com for exclusive Alan Schnurman CLE programming.

This attorney is a self proclaimed ethics geek, who bleeds scarlet red, and is ultimately just a frustrated performer a heart. Who is teaching at lawline? Attorneys meet your faculty member, Stuart Teicher.

In this Legal Beat edition of the CLE Faculty Spotlight, attorney Abram Bohrer will review his background in and his passion for handling personal injury and airline travel. He will also reflect on his experience as a new addition to the Lawline Faculty. Look for Abram Bohrer's Lawline exclusive CLE course soon.

In this episode of On The Line, Alan Schnurman discusses his early days as a Personal Injury attorney and also reflects on his the proud moments of his career. He further reflects on what some of the more embarrassing moments in his career has taught him about his work. Even after thirty-eight years of practicing, Alan explains why he still gets nervous in trying a case. Go to The Legal Beat to catch Part 1 of Alan's interview and Lawline.com for all of your CLE needs and to view Alan's CLE courses.

This "On The Line" interview was four years in the making and too riveting to edit down to just one episode. In Part 1 of the interview Alan and I discuss his background and entrance into the legal profession and then his practice . He reviews then how he built his business to include Lawline TV and then Lawline.com.

As the host of The Legal Beat, I promised that I would start tweeting. I enlisted the help of Tim Baran, of UMCLE. In this episode of On The Line, he discusses the importance of attorneys being engaged in social networking such as Twitter. He further notes the future relationship between CLE and such social media platforms as Twitter.

Interview with attorney Jonathan Schecter

Matthew Weiss graduated from Hofstra Law in 1984 and started his career as a clerk in the highest court in New York State.  After clerking for two years, he left the prestigious and highly coveted position in order to devote his time to fighting traffic tickets. The entrepreneurial side in him saw that there was a lot of opportunity in this practice area and he decided to build an entire brand around it.  From that 888 REDLIGHT, a turnkey operation and law firm that handles traffic tickets all across the state, was born.  Matt has treated his practice like a business from day one and when he is not in the office, it runs itself.  In addition to working with individuals, Matt represents corporate clients such as limo companies, taxi services, and truckers. 

Matt is also the President of the not-for-profit Entrepreneurs' Organization, the premier peer-to-peer business group in New York City and worldwide. Matt has been featured in Crains, WSJ, and interviewed on TrueNYC.  Lastly, Matt is one of our esteemed faculty members, teaching the online CLE program “How to Fight a NYC Traffic Ticket.”

Lawline.com would like to congratulate Matt for being a lawyer turned entrepreneur.

Herald Price Fahringer says that cases are won or lost in an opening statement.  The Lawline.com faculty member, who has argued before the Supreme Court over fifteen times, adamantly stresses the importance of the opening statements attorneys give at trial.  Fahringer says that the opening line of a case, much like a book, is often what captivates the jury and strongly assists in their formation of an opinion.  In fact, studies show that 80% of jurists make their decision on a case at the close of the opening statements.

The opening line of a book by famous mystery writer P.D. James reads “The whistler’s fourth victim was his youngest…she died because she missed the 9:40 bus from East Haven…”   After reading a line like this, most readers would not put the book down.  And as Mr. Fahringer illustrates, attorneys must employ similar techniques when addressing the jury.   The words that an attorney uses are critical in making the jury intrigued, but furthermore, influenced by the argument he or she makes.

To receive some tips from Mr. Fahringer on how to deliver opening statements watch the video below. 

The mission of Lawline.com is to educate.  We focus on the legal community, but we aim to educate anyone who is eager to learn.  In accordance with this goal, over the next few months, we will be working our hardest to make available some of our best content via YouTube to anyone who is interested in watching it.  Areas of interest will range in all areas of law and will cater to a variety of topics. 

In 1999 Jason Finger graduated law school at New York University’s School of Law, along with a joint degree at NYU’s Stern School of Business. After less than a year of working at a private equity-focused law firm, he left to start an online delivery website called Seamless Web. He was so reluctant to back out of the new venture that after passing the Bar Exam he never got sworn in. Jason figured he had two years to get sworn in, and if the company failed he could always go back to practicing law. Well, fail it did not! It quickly grew and according to the New York Enterprise Report, in 2006 it was sold for an undisclosed sum rumored to exceed $100,000,000.  Visit New York Enterprise Report to read a great interview with editor-in-chief Robert Levin.

Lawline.com would like to congratulate Jason for his hard work, passion and the guts to take the risk to succeed as an entrepreneur. 

If you know any ‘lawyer-turned-entrepreneur’ stories, please email support@lawline.com.

Marc Dreier, the attorney who made newspaper headlines for swindling investors just before Madoff got caught, will plead guilty on May 11 to all charges found in his indictment.  Dreier was accused of several counts of fraud after running a $700 million dollar scheme that consisted of selling bogus promissory notes to investors.

Dreier is represented by Lawline.com faculty member, renowned defense attorney, Gerald Shargel.  Dreier apparently sold notes to thirteen different funds and three individuals.  The notes were issued by Sheldon Solow, a developer and client of Dreier’s.  Dreier pretended to be selling them at a discount but instead funneled the funds through his firm and paid back investors from new investments.

There was no plea bargain, but it seems that Dreier is looking for the simple compassion of the court by taking responsibility for his accounts.  Shargel is quoted in the New York Law Journal as saying, “He wants to end it because he accepts responsibility for what he did….he simply went off the tracks.”

At least five of Dreier’s counts have a potential jail sentencing of twenty years or more.   How do you think the court will respond to Dreier’s call for redemption?

At Lawline.com, we could not be more proud to have such an elite group of lawyers on our faculty.  We strive to produce the highest quality Continuing Legal Education courses on the web, and it is our faculty members that make that happen.  And when one of them launches a new venture, we are quick to check it out.

Recently, Fernando Pinguelo launched “e-Lessons Learned” over at http://eLLblog.com.  Fernando taught a course on Lawline.com called, E-Discovery: What You Technically Should Know.

The new blog is designed as an educational resource about e-discovery best practices, featuring insightful content authored by both Fernando Pinguelo and law students from across the country.  In it, they combine practical experiences and theoretical knowledge to create an e-discovery blog that identifies cases that expose e-discovery mishaps at the employee level, exposes the specific conduct that caused a problem for a company, and offers suggestions on how to learn from these mistakes and prevent similar mishaps from occurring in the future.

If you are interested in the many facets of e-discovery and want to learn more, this is a great resource to check out.

We’re happy to announce that we have recently mailed our second issue of the Lawline.com Faculty Newsletter.  This time around, content is king.  We have added a section featuring our newest members, with a description on the CLE courses that they have added to our website.

In addition, we added a lawyer resource center, complete with articles about helpful services for anyone in the legal profession.  This includes an article on Clio, an online law practice management service, and an advisory piece with 5 tips for lawyers trying to go green.

And finally, we added a special “Faculty in the News” section to highlight some of our prestigious faculty members that have made headlines over the past three months.  This is our second newsletter, and we are happy to announce that we will be continuing the faculty newsletter into 2009, where our goal is produce and mail one every quarter.

You can view and download a copy of the Faculty Newsletter here. For more information on being featured in upcoming issues, please contact us by phone, or at press@lawline.com. We would love to hear your story or any feedback that you want to give us.

Gerald Shargel, one of Lawline.com's very own featured faculty members is the defense attorney in one of the most shocking cases of the year.  Shargel is representing attorney Marc Dreier as he is being charged by the federal government for duping hedge funds out of more than $100 million dollars. He is facing up to ten years in prison.

Dreier, who is the founder of the New York based law firm Dreier LLP, allegedly issued phony documents concerning real estate developer clients whom he claimed to represent in order to intrigue investors and have them believe they were buying real estate notes at incredibly discounted prices.  Dreier was first arrested in Canada last week after failing to impersonate attorney Michael Padfield at the Ontario Teachers' Pension Plan.   It was here that fraudulent activity was largely suspected and had brought on more attention to Dreier's dealings.  He was released on $100,000 bail and now faces legal problems in both Canada and the U.S.

The New York Times Blog reports that Dreier's firm is currently in "chaos". An associate of the firm expressed, "This has just been a complete lightning strike. The lawyers are completely gobsmacked."

Q&A with Keith Jones, Computer Forensic Expert Witness and Senior Partner of Jones Dykstra & Associates (www.jonesdykstra.com)

Topic: How can lawyers successfully select and work with a computer forensic expert witness?
 
Q: How can lawyers find a qualified computer forensic expert witness?

Keith Jones: Legal professionals can employ many different methods for finding an expert witness in the field of computer forensics.  Many people claim to be computer forensic experts, but they do not have enough knowledge or experience to provide iron-clad testimony, should the need arise. 

Asking for referrals from a trusted source is usually the best way to find a quality person.  Realize that you are hiring an individual expert, so even though the company you’re hiring has a great reputation, be sure you know the credentials and background of the specific person who will work on your case. 

Once you have a few candidates, do your own research on those potential experts – verify their resume and background.  Remember that opposing counsel will be doing their homework on this, in an effort to possibly discredit your witness. 

In addition to having impeccable credentials as an expert witness, the computer forensic specialist should also have excellent communication skills.  If the case goes to trial, he or she will need to effectively explain complicated technical subjects to judges and juries that may have had  no prior technical training.

Q: What kinds of credentials and certifications should a lawyer look for in a qualified computer forensic expert?

Keith Jones: Legal professionals should inquire about whether the individual (not company) that they are considering as an expert has at least one or more the following non-product-oriented certifications:

- Certified Information Systems Security Professional (CISSP)
- International Society of Forensic Computer Examiners (ISFCE) Certified Computer Examiner (CCE)
- Certified International Information Systems Forensics Investigator (CIFI)

Also, lawyers should be aware of the following forensic software packages, which are often used to properly collect and preserve electronic evidence. 

- EnCase® by Guidance Software.
- The Forensic Toolkit® (FTK)
- ProDiscover®
- X-Ways Forensics

Note that training certifications on the above products do not automatically qualify someone as a computer forensics expert.  They only mean that the person has gone through the training course and passed the exam that was created by the vendor.  The expert’s previous testimony record and other “in the field” computer forensics experience are often more valid points for evaluation.

Q. What should a lawyer be vigilant about when working with a computer forensic witness?

Keith Jones: The most damaging thing to a lawyer/expert witness relationship is the possibility of miscommunication.  The attorney and the expert need to be on the same page when it comes to which pieces of information are important, and which are less so.  The legal professional needs to challenge the expert as much as possible and ask bold questions to pull out the salient points and expose vulnerabilities.  This leads to fewer gaping holes that opposing counsel can exploit to discredit your client and your witness. 

Also, remember that many criminal investigations result from low-profile administrative or civil disputes.  Therefore, all electronic evidence must be handled with the utmost care and attention, in case the data becomes relevant on a much more serious level.  The legal professional would be strongly advised to keep copies of evidence inventory and chain of custody documentation.  Failure to handle evidence properly can be a damaging or fatal blow to your client’s future case down the line, if not during the matter at hand.

Q:  At the outset of working on a case, what should the attorney provide to the computer forensics expert in terms of information, direction and guidance?

Keith Jones: It’s a fine line. Usually when an expert starts a case, he or she doesn’t want to know too much to reduce any question of bias. If the attorney is bringing a case to trial, he or she already believes his side of the story.  If somebody is accused of stealing something, then the attorney already believes that the crime did occur.  The expert cannot allow him/herself to be convinced of any such conclusion prior to examining the evidence, so the lawyer must be careful not to attempt to persuade the expert prior to the investigation.

Computer forensic experts need to examine electronic evidence in an unbiased manner.  The lawyer needs to give them just the most essential information, so they don’t get biased, but so they can ask pertinent and probing questions.  If the lawyer gives the expert too much information, that can work against you.  As an expert, though you want to know the whole story, you have to decide what you absolutely need to know, and what you don’t really need to know.

Q. You've served as a computer forensic witness on many high-profile cases, including US v. Duronio.  How did you effectively communicate highly technical information to the jury?

Keith Jones: The Duronio case was very complicated in terms of explaining computer logs and showing how data got from point A to point B.  I had to walk the jury step by step to show how the defendant placed a “logic bomb” of malicious computer code inside the computers of his employer (Paine Webber).  I had to explain the basics of how a computer functions to show how I figured out that the digital bomb was placed on the company’s IT system by Mr. Duronio.  A computer forensic witness often needs to explain very simple things like that, even though they may seem obvious.

In this case, I had to go a lot further and prove that what I was saying was true, even when the defense was calling it untrue.  Experts need to be able to break down the information to a digestible form that can be understood by the jury.  Also, they must be prepared to back up their statements, even when questions come from an unexpected or contradictory direction.

Q: What are the primary keys to a successful attorney/expert witness relationship?

Keith Jones: First, the lawyer and the expert witness need to acknowledge that they come from completely different backgrounds.  The attorney shouldn’t assume that the expert is going to know anything about law, and the expert shouldn’t expect attorney would know anything about computers.  The terminologies and subject matter for both fields are vastly different.

Both need to thoroughly understand what the project entails.  The attorney has to realize that people can’t see electronic data – it’s not a tangible object, it’s abstract.  Therefore, the attorney and witness need to work together to make it “real” for the audience – the judge and jury.

Q: In your experience, what are the most dangerous pitfalls for attorneys when working with an expert witness - what mistakes are made most often?

Keith Jones: The biggest mistake I’ve seen attorneys make is when they hire computer forensic experts who are not the “cream of the crop.”  If the self-proclaimed expert has no college degrees, and just a bunch of certifications from software vendors, that’s pretty hard to defend against when attacked by opposing counsel.  I’ve seen people’s backgrounds explode on them and the attorney who hired them, and I’ve seen “experts” make up their own methodology to do computer forensics without basing it on any proven expertise or approach.

Unfortunately, there’s no universally agreed-upon certification that distinguishes a quality expert from a charlatan.  This is why exclusively using experts who come recommended by credible sources is such an important priority for the lawyer to consider. 

 
Q: In collaboration with attorneys, what ways have you found to effectively communicate and display technical information to judges and juries?

Keith Jones: Any type of visual presentation is good.  However, I’ve seen other experts put up tables and graphs images blown up on poster board and that puts even me to sleep.  Ideally, you want a movie that’s very visual; at minimum, use PowerPoint or something that moves a little bit.  Granted, you can’t do this in every single scenario - it depends on the level of your case.  When I have the ability to use PowerPoint to get our point across, it makes my job a lot easier and my testimony is more easily understood and absorbed.
 

Q.  What concrete steps can an attorney take to maximize chances of success in selecting and working with a computer forensic expert witness?
 
Keith Jones: The #1 thing is that the attorney should get along with and like working with the expert.  See if there’s a personality conflict before you hire the expert. You want the chemistry between you to work when you’re on the stand, so you’re not at cross-purposes during the trial.

Secondly, let the buyer beware when working with large computer forensic firms.  A lot of major consulting companies will do a “bait and switch” – the people that present their credentials to you in the selling phase aren’t necessarily the individuals that will be your assigned experts.  Be sure to ask and investigate who would actually work on your account, so there are no surprises later in the game. 

Lastly, verify people’s backgrounds.   You would be shocked to know what some so-called professionals will fabricate to get the job.  As legal professionals, you are used to doing your homework, so a decision about hiring an expert witness should be subject to the same kind of scrutiny and due diligence that you bring to your substantive legal work.

• 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.

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.

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.

Trials can be a long and emotional process.  Just ask any trial attorney who has been through it.  The emotional rollercoaster can be an unsettling, and unnerving experience for most.  And as Justin Blitz, an associate with the firm Shandel, Blitz, Blitz & Ashley, describes, the thrills and disappointments involved are much like those of your first childhood basketball game.

“Winning is the greatest high, and losing is the lowest low,” he says when asked about the emotions he feels during any trial he has ever been involved with.  It can take a lot out of you and you had better be ready for the strain it puts on your mind and body from the very beginning.  Justin is an experienced trial attorney in New York City, having tried over 30 cases in 6 years.

Recently, Justin Blitz was gracious enough to film a new CLE course with Lawline.com entitled, How to Try Your First Case.  In the course he speaks about some key tips and procedures for any attorney who is going to trial for the first time, including how to prepare and what to expect.  In the short clip below, Justin introduces us to the emotions involved in the day to day trial experience.  Press play to watch, and look for Justin’s program on Lawline.com coming soon.

The area of Employment Law is as important an area of the law as any, and it is one that continues to grow and gain importance every day.   One of the more prominent law firms around focusing solely on Employment Law is Schwartz & Perry LLP.  Recently, we were lucky enough to be joined by three attorneys from Schwartz & Perry LLP, Murray Schwartz, Brian Heller, and Matthew Schatz.

Murray Schwartz, who has received a lot of positive feedback for his CLE programs on Lawline.com in the past, is back again with an interesting new style.  This program was filmed as a roundtable discussion covering everything from how to handle a client to trying a case.  It is a must see for anyone practicing in employment law, and a very interesting course for any attorney.

Below, please find a brief clip, in which Murray Schwartz explains a little of the planning that went into this program.  He introduces his colleagues and discusses the main purpose behind presenting this material.  And keep a look out for their course, which will be hosted exclusively on Lawline.com in the near future.

Here at Lawline.com, we feel that Lawyers who give CLE presentations should get the kind of recognition that they deserve.  So, in honor of awards season, we are presenting the first ever Lawline.com CLE awards.  All CLE courses filmed in 2007 were eligible and the winners were decided based on user feedback.  Click on the link following each winner to view that course page. Here they are:

Best Costume Design (Self-Explanatory): Legal Issues Relating to the Purchase and Sale of Art, Malcolm Taub (View)

Best Supporting Actress (Female CLE Speaker in as part of a Pair): Amy Greenfield, Strategies for Litigation Communications (View)

Best Supporting Actor (Male CLE Speaker in as part of a Pair): Michael Ross, Ethics: Should Lawyers be Constrained by the Truth? (View)

Best Actor (Male CLE Speaker): Herald Price Fahringer, Strategies for Delivering Opening Statements (View)

Best Actress (Female CLE Speaker): Olivera Medenica, Basics of Operating an Online Business (View)

Best Screenplay (Written Materials): Michael Grossman, The Laws Governing Religion and Religious Corporations (View)

Best Picture (Overall Program Quality): Ethics: Should Lawyers be Constrained by the Truth, Joel Cohen with Michael Ross and James Bernard (View)

Congratulations to all of this year’s winners and participants, we look forward to seeing the great courses still to come.

Daniel Gershburg started his own law practice straight out of law school.  To many people around him, this was a crazy decision, one that they did not understand.  He had been a solid student with strong experience, and was on path to work for a large firm and earn a nice wage.  But Daniel was looking for something different, and he felt strongly about doing his own thing.  He recently shared with us his five step process to starting your own practice.

1. Get Mentors.  Learn as much as you possibly can from as many people as you can meet.  This will help you create personal and professional networks as well as increase and expand your knowledge of many legal issues.

2. Find Office Space.  You will need to look as professional as possible, so it is important to have space where you can meet with clients.  Virtual and home offices will not cut it if you truly want your practice to grow.

3. Get in Touch with Every Single Association Available to Help You.  There are so many people out there to help you get started, the trick is just knowing where to look.  Bar associations and business development organizations are a great place to start.

4. Good Client Relationships.  Too many large firms are run like corporations, with little or no focus on client support.  Adapt a customer service philosophy toward dealing with clients.  Be there for them whenever they need you and you will get many more referrals.

5. Strong Web Presence.  Your website is a great tool for marketing, referral generation, and client management.  Use it wisely and it will save you money in addition to getting your name out there.

Daniel Gershburg is also a Lawline.com faculty member.  Please look for his upcoming course entitled, Chapter 7 Bankruptcy: The Initial Meeting, which is coming soon.  For a brief video interview with Daniel, click play below:

When most people think about the legal profession, the words humor, comedy, or laughter don’t come into play.  But that is because they have never met or heard of Sean Carter.  He calls himself the Legal Humorist, or Humorist at Law, and rightly so.  Sean, who has spent most of his career practicing law, has now made a name for himself in the newly created world of legal comedy.

Sean Carter travels the country, speaking to large corporations, law firms, and bar associations.  His speeches are far different than the traditional legal education programs that lawyers have become accustomed to, because his are comedic.  He has dubbed the title Comedic Legal Education, and his “students” love him for it.

What started out as a firm understanding of the law and a natural flare for humor has turned into an interesting and successful “practice”.  His programs offer lawyers a real chance to appreciate what they are doing and not to take everything so seriously all the time.  He offers insight into the humor in the legal profession and makes people see the balance between work and life.  In addition to these speeches, he has authored a book on the subject entitled, If It Does Not Fit, Must You Acquit? Your Humorous Guide to the Law.

But just because Mr. Carter’s speeches make you laugh, do not assume that they have no real educational value.  In fact, many legal authorities believe the opposite.  It is the opinion of many people that have heard him speak that the comedy adds to the learning process and actually gets the real message across more efficiently.  For this reason the Legal Humorist continues to tour the country as his programs become more and more popular.  He continues to offer insight into the lighter side of the law that we rarely see enough of.

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.

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.

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.

“Staying in the courtroom and working on the case on that day might very well have saved my life.”  This is what Herald Price Fahringer has to say about the day that Larry Flynt was shot in Lawrenceville, Georgia.  Herald was Mr. Flynt’s lead attorney in many of his cases around the country.  On this particular case, as Mr. Fahringer explains, Larry Flynt had been receiving numerous death threats.

Because of the threats on Larry’s life, he and his attorneys decided to wear bullet proof vests in and around the courtroom.  Herald decided that the Kentucky heat made wearing the vest too hot, so he took his off.  Seeing that, Larry decided that if his attorney didn’t need one, he didn’t need one.  And as Herald says in the video below, that was not the best idea considering the situation that they were all in.

Please enjoy the video below, as Herald Price Fahringer spoke with Lawline.com about the events of that day.

Alan Schnurman has been practicing the art of negotiations for 37 years as a Personal Injury Lawyer.  He has been involved in many different types of negotiation s and has perfected a few simple rules to achieve success.  He shares those rules as well as additional tips in his one hour CLE lecture on Lawline.com entitled, Negotiation Strategies from the Plaintiff’s Side.  In the video below, Alan previews the course and discusses the major things to consider for every negotiation.

The most important thing to remember is that when parties are negotiating, everyone wants to resolve the issue or case at hand.  You have to establish yourself as credible, and working towards a solution.  This does not mean that you have to be too agreeable that you give up your position, but you have to establish a rapport with the other party so negotiations can move forward and reach a middle ground.

It is your job as an attorney to reach a resolution that is cost efficient and effective for your client.  You learn the tips and techniques needed to be successful through years of practice and experience.  And though every negotiation varies in format and matter, there are certain things strategies that you can employ in every negotiation.  If you do not perfect these techniques than the outcome of a negotiation is more likely to wind up in favor of the opposing party.

Please enjoy the short video below with Alan J. Schnurman and check out his program on Negotiations in the Lawline.com Course Catalog.

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.

Fernando M. Pinguelo, a partner at Norris McLaughlin & Marcus, has developed a lecture series called Legal TIPs: Topics in Perspective.  The series was created to give busy people a quick and easy to understand explanation of legal issues that may affect them on a day to day basis.  Each topic is covered through a group of 9 questions that get right at the heart of the matter, including what each issue means to various people.

We spoke with Fernando and asked him to share with us his most recent presentation, entitled 9 Things Your Business Needs to Know about Jury Waiver Clauses in Employment Contracts.  Below you can find a podcast recording of Fernando’s presentation.

Jury Waiver Clauses, as they relate to employment contracts, are terms in a contract that waive the parties’ right to have their grievances decided by a jury.  “They can help insulate employers from irrationally inflated damage rewards, minimize an employee’s emotional appeal, reduce the time and cost of trials, help avoid frivolous claims, and increase employers’ leverage when it comes to negotiating with plaintiffs’ attorneys.”

It is important for employers to know whether or not to use jury waiver clauses within their business and what some of the major issues surrounding jury waiver clauses are.  Fernando outlines the basic things every employer should know as well as the benefits and actions you can take to put them in place.

Click Play below to listen to Lawline.com's podcast presentation with Fernando M. Pinguelo.

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

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

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

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

Ari Kaplan is one of those people that truly enjoys helping and encouraging others. You can tell just by talking to him for a few minutes that his passion is coaching and teaching. He wants to help people succeed in their endeavors, whatever they may be.

One main area of expertise Mr. Kaplan possesses is getting published. In fact, he runs a company called Ari Kaplan Advisors that is dedicated to coaching those who are trying to get published. This is such an important skill to learn for lawyers and attorneys everywhere. Getting an article published in a magazine, newspaper, or law journal can do many things for a lawyer’s reputation and career. It will help establish expertise in a certain area, relate your name to a particular topic of importance, and improve your status as a respected member of the legal community.

Ari Kaplan also has a new book due out in 2008 that is geared toward young lawyers and law students that focuses on the area of getting published and empowering yourself. He says, “The book is really about getting up, and getting out there. Do something that you feel passionate about and inspires you.” There is nothing more important for a young lawyer than to believe in yourself and your abilities. That type of positive attitude can lead to so many opportunities. And the earlier you start, the further your career and passion will take you.

Below is a clip from an interview Lawline.com did with Ari Kaplan. In it, Ari discusses the new book and talks about the importance of lawyer empowerment.

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

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

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

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

Amy Greenfield, Esq. is managing partner of Van Prooyen Greenfield, LLP. She is a lawyer, a communicator, and a businesswoman, but most importantly Amy is an entrepreneur. She has found an innovative way to approach public relations and continues to set herself apart from the pack.

Her firm, with locations in both New York and San Francisco, has a focus on public relations and litigation communications. They are a pioneer in merging public relations expertise with a law firm structure. Whereas there are a large number of PR Firms out there, Amy brings the added benefit of a strong legal background. Her added edge comes from the fact that her competition constantly has to beware of certain gray areas in the laws revolving around communications. There are attorney client privileges that cannot be violated. Many times, these privileges control the message that is acceptable to deliver to the public. In fact, many times public relations firms get themselves into trouble by releasing documents that are confidential, and that can have a cataclysmic impact in a high profile case.

Ms. Greenfield’s knowledge and background in law provides her the ability to combine these sets of skills and deliver the highest quality public relations consultation. Amy has surrounded herself with attorneys, former product managers, former reporters and editors from the largest new agencies, public policy experts and award-winning communicators; all of whom deliver the highest quality support and service to the firm’s clients. She has been involved with a number of high profile cases in such fields as technology, financial and entertainment.

Amy Greenfield has filmed two lectures for Lawline.com. The first, NY Advertising Rules 2007, deals with recent changes to New York advertising laws, and the second, Litigation Communications, in which she and Lori Teranishi go over some of the ways that law firms can use public relations to their advantage. Both demonstrate Ms. Greenfield’s passion and commitment to the field, her business, and her clients.

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

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

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

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

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

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

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

Featured Interview with attorneys at Schwartz & Perry