Professional Practice Updates

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.
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Linking Business Development to Partner Compensation

In recent years, as client fee pressure has increased and client loyalty has decreased, law firms are investing significant time and money in business development programs. Some partners receive training to dust off selling...more

Smarter, Saner Lawyering With A Little (Mindfulness) Practice

We are pleased to welcome Judi Cohen back to the blog. You may recall Judi’s post on being a recovering perfectionist. Judi practiced and taught law for 25 years before founding Warrior One LLC, which offers Essential...more

Content Strategy: Don't Just Write About the Law...

With a case study example, a look at what it takes for lawyers to be well read online today....more

The Roundup: This Week’s Recommended Reading (Sept. 12, 2014)

Which of Your Selves Comes Forward as a Lawyer? Kate McGuinness talks about how career (and life) plans might evolve to reveal different “selves,” and how to handle this situation when it occurs. (The Girl’s Guide to...more

A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to...more

Move Over, Billable Hour; There's a New IP Fee Arrangement in Town

The practice of law has changed greatly over the past decades. We have witnessed great growth in solo and small firm practice, as well as a large movement to in-house practice. We are even seeing growth in freelance attorneys...more

Freelance Lawyers: Finding a Fit in the Profession

Freelance work, enabled by unprecedented technological innovation, creates a more efficient market. Dormant talent has access to other non-conventional opportunities. Small and medium sized firms can be more agile in adding...more

Davis Polk's Litigation Group Continues to Drive Growth  [Video]

Sept. 11, 2014 (Mimesis Law) -- Thomas Reid, managing partner at Davis Polk & Wardwell, talks with Lee Pacchia about how a busy litigation group and a resurgence in M&A activity has kept his firm on sound financial footing in...more

Business Development: Save Time and Do Less!

Most lawyers I know jam their calendars each day with more than two people could accomplish in a week. Is this you? It’s a vicious cycle because we feel terrible not being able to accomplish what’s on the list… instead of...more

PTAB Threatens Sanctions for Unauthorized E-mails

Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC - Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more

Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s...

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal...more

Artificial Intelligence and the Law

Plexus, a NewLaw law firm based in Australia, has just released a new legal product that purports to apply artificial intelligence to a relatively common, discrete legal issue -- determining whether a proposed trade promotion...more

Lawyer's Duty to Preserve Social Media Evidence

Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more

Entrepreneur Chris Yeh (@chrisyeh) Discusses Co-Authoring "The Alliance" on @HsuUntied [Video]

Today, my Special Guest is Chris Yeh, Co-Author (along with Reid Hoffman and Ben Casnocha) of "The Alliance," a New York Times best selling book on managing talent in the networked age from the employer's perspective. Chris...more

3 Reasons To Write A Business Plan For Your Law Practice (Even Now!)

Remember that class you took in your second semester of law school… The one where you carefully laid out your vision for how your law practice would look, feel, function and flow cash from one month to the next?...more

Lower Word Limits for Briefs?

A proposed change to the Federal Rules of Appellate Procedure would lower the word limit for principal appellate briefs from 14,000 to 12,500 words and for reply briefs from 7,000 to 6,250 words (hat tip to Emil Kiehne at the...more

(All I’m Saying Is) Give Law Firms a Chance

Everyone knows BigLaw life in the big city is intense, but could a move to a smaller market actually make it enjoyable? Today we welcome to the blog Len Gray, president and co-founder of inlaw.me. He’s here to share with you...more

Philadelphia Joins New York in Issuing Social Media Guidance for Lawyers

We live in a digital age. And at the center of it all is the explosion of social media. The numbers are astonishing. Americans spend 16 minutes of every hour online on social networking sites. More Facebook profiles (5) are...more

Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more

Cross-examining the Expert Witness – Part 5

In the four earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

The Root Cause of Skyrocketing Securities Class Action Defense Costs

Why do the costs of defending securities class actions continue to increase? Because of my writing on the subject) I’m asked about the issue a lot. My answer has evolved from blaming biglaw economics – a combination of...more

Practicing Law: It Takes A Team

“Football is an honest game. It’s true to life. It’s a game about sharing. Football is a team game. So is life.” – Joe Namath, Super Bowl winning quarterback....more

Talking About A Revolution

Clients are making it clear that they want nothing short of a revolution in the way legal services are delivered to them. It’s the biggest change the profession has faced in nearly 200 years and it’s one that A&O is...more

Protecting Internal Investigations from Disclosure: Suggested Best Practices

A recent case out of the D.C. Circuit highlights some best practices that can boost the odds that the attorney-client and work product protections will shield internal investigation records. Although not precedential outside...more

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