Professional Practice Updates

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.
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Dead Partner And Disqualification

The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors....more

Ethical Rules for Social Media Gain Clarity

On March 10, 2015, the New York County Lawyers Association ("NYCLA") weighed in on the ethical implications for lawyers who use social media websites for professional self-promotion. In Formal Opinion 748, NYCLA addressed the...more

Typo Renders Proposal For Settlement Ambiguous ? No Fees Awarded

In GEICO v. Ryan, No. 4D13-2615 (Fla. 4th DCA, Mar. 11, 2015), the Court reversed the Trial Court's award of attorney's fees in favor of the insured because the "Proposal for Settlement contains a patent ambiguity--spelling...more

The Great Attorney Bio Challenge! [Infographic]

Law firm website statistics tell the story over and over again: Attorney bio pages grab the lion’s share of the site’s traffic. Clients, potential clients and referral sources want to know about you, your expertise and your...more

9 Questions Every Lawyer (EveryONE) Needs to Ask Themselves

I just read this on Facebook (just this second): “It may be that when we no longer know what to do, we have come to our real work and when we no longer know which way to go, we have begun our real journey. The mind...more

Streaming At The Edge Of The Law

One of this year’s themes at the South by Southwest (SxSW) festival is “Surviving the Shift: Rethinking Music and Data.” The music industry is transforming itself as the trend in buying music shifts from digital download to...more

CRM Success Steps and Strategies - Part 11: Don't Do It Alone

If this all sounds a bit overwhelming, don't worry. Few people have the extensive experience to successfully deploy a CRM system by themselves. Still fewer are excited about expending the effort to get this experience. ...more

Another Invalidated Clickwrap Agreement

The foremost case dealing with whether “wrap agreements” (e.g. clickwrap, shrinkwrap and browsewrap) are legal is almost 13 years old. See Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002). And yet, a new case...more

The Roundup: Last Week’s Recommended Reading (Mar 20, 2015)

From Around the Web - Student Loan Refinancing vs. Consolidation – Which is Right for You? After grades and getting a job, what’s the next item on the worry list for most new and aspiring attorneys? Debt! Specifically...more

5 Years in the Making

This April, will mark 5 years since I started my own law practice dedicated to retirement plans/ERISA. 5 years ago, I swore the days that I would be working for someone else were gone. I had enough; I wasn’t going to let...more

Keith Wetmore, Former @MoFoLLP Chairman, On How the Funeral Business Taught Him About Legal Service [Video]

Today, my guest is Keith Wetmore, former Chairman of Morrison and Foerster, who grew up working in his family-owned funeral home business. I have known Keith for many years and in this candid conversation, we talked about...more

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a...more

Who's in the House? Recent Moves by General Counsel, Legal Officers, and Corporate Leaders

A look at recent moves and promotions for general counsel, in-house lawyers, and other corporate leaders in the field for the week of March 23, 2015....more

Perla: LegalTech Startups Can't Fix BigLaw's Cyber-Security Problems [Video]

Mar. 18, 2015 (Mimesis Law) -- David Perla, president of Bloomberg Law, talks with Lee Pacchia about his vision for the future of the company, BigLaw's response to cyber-security threats and the prospects for the legal...more

A small step that makes clients’ lives easier

Have you ever read an email and wondered to yourself, “what’s the point?” Then you get to the end and realize there is no point. Or the point is something totally different than what you thought. When this happens, it’s...more

Nine Fiduciary Accounting No Nos

When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the...more

Steve Jobs and Collaboration: what lawyers can learn

I make no secret of the fact that I have looked to Steve Jobs for ideas and inspiration. I found this Fast Company article on the Evolution of Steve Jobs to be fascinating. The discussion of his evolution as a collaborator...more

Get the Jury to See it Your Way with Interactive Media Display

Taking videotaped depositions of de bene esse witnesses is not a new innovation. What is new is the ability to display for the jury both the exhibit and the witness’ reaction to the exhibit simultaneously with interactive...more

CRM Success Steps and Strategies - Part 10: Evolve

CRM isn't a project or an implementation. It’s a fundamental change – and improvement – in how your firm manages its most important assets – its relationships. As a result, CRM deployments shouldn’t end – they should evolve....more

3 Signs your Law Practice is Going to Fail

Hating your practice is not enough to tank it. True, some lawyers lose decades of their lives to practices they hate, but they just keep turning the crank… “time to make the donuts.”...more

Practice Tips for New Tax Associates

We are tax law specialists with a focus on international and Massachusetts taxation. I have drafted this memorandum to help new tax associates understand what is expected of them. This memorandum covers tips on drafting...more

Should You Use Tactical Dismissals?

As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action....more

One Simple Way to Show Your Value

Value is very important to clients, but they do not always understand the bigger picture of your value when looking at a bill. Instead of just providing a bill, you can easily offer your clients some perspective that clearly...more

The Roundup: This Week’s Recommended Reading (Mar 13, 2014)

From Around the Web - What Does the 21st Century Legal Career Look Like: Our own Alison and Lee talk about the steps to creating an alternative legal career path and what students should be doing in law school to prepare...more

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

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