Lawyers Gone Ethical
139 episodes - English - Latest episode: over 3 years ago - ★★★★★ - 20 ratingsHow do lawyers function in today’s changing legal market without running afoul of the ethics rules? What must lawyers include in their social media profiles and posts? How technologically competent must a lawyer be? How secure must lawyers keep client data? Can lawyers accept credit cards or cryptocurrency? What should lawyers do if they receive a bar complaint?
The business of law is constantly evolving. Staying out of trouble requires that lawyers understand the latest interpretations and applications of the ethics rules. It also requires us to figure out what to do when the rules and modern business and technology are not in sync.
Join host Megan Zavieh, state bar defense and ethics attorney, and her guests as they discuss today’s most pressing topics and practical tools to help you navigate the ever-changing ethics landscape.
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Episodes
Growing Your Practice Through Digital Information Products with Jess Birken [LGE 038]
November 20, 2018 08:00 - 33 minutes - 77.7 MBFollowing our presentation at Clio Conference, my co-presenter, Jess Birken, and I sat down to reflect on our discussion of our presentation topic - growing your practice through digital information products. Whether it’s for additional income or to increase access to justice, there are many reasons to consider creating digital products. We discuss what lawyers should be aware of before they embark on the journey of creating their own products. Jess Birken is the owner of Birken Law and s...
Weeding the Client Garden and Avoiding Unnecessary Headaches [LGE 037]
November 13, 2018 08:00 - 37 minutes - 35.1 MBFor many lawyers, making the decision to take on a new client doesn’t require much thought. After all, all paying clients are great clients, right? Not necessarily. There are a number of reasons why you should want to be selective when weeding through leads and potential new clients. In this episode, I share stories and insight on how to spot trouble clients from a mile away and what to do to best protect yourself against possible future bar complaints. What I Cover in This Episode: No...
Improve Profits and Lower Expenses By Outsourcing Legal Work with Kristin Tyler [LGE 036]
November 06, 2018 08:00 - 24 minutes - 22.7 MBWhen you’re overwhelmed with work and the paperwork on your desk keeps piling up, that’s usually a good indication that you need help! Being busy is certainly better than the alternative when you’re running your law practice but in order to be the most effective and competent attorney you can be, you need help. That’s where outsourcing and delegation come into play. My guest today is Kristin Tyler. Kristin is the Co-Founder of LAWCLERK, a service that helps attorneys hire freelance lawyer...
The Power of Building Your Network and How to Do It Effectively [LGE 035]
October 30, 2018 07:00 - 20 minutes - 19 MBThey say your “network is your net worth.” This is especially true in the legal profession. Surrounding yourself with the right people and building your network can prove to be crucial to your success and career longevity. It’s important, then, for lawyers to get outside of their offices and meet others. But what’s the best way to approach network building? I share my insight on how and why it’s important to meet new colleagues and surround yourself with the right people. What You’ll Learn...
Ethics Issues in the Development of Innovative Legal Products with Erin Levine [LGE 034]
October 23, 2018 13:36 - 38 minutes - 35.9 MBFor many lawyers with innovative ideas for their practices, those ideas rarely get a chance to blossom because of certain restraints in the ethics rules, unfortunately. If you’re looking to implement new services or develop legal products and are unsure of what the ethics rules allow or disallow, you’ll truly enjoy this conversation. More importantly, you’ll learn how you can work through your fears of violating the ethics rules to cultivate your genius idea. Joining me today is Erin Levi...
Law Practice Lessons Learned on the Race Course (Live Keynote) [LGE 033]
October 16, 2018 07:30 - 43 minutes - 40.1 MBJust like with obstacle course races, lawyers’ careers are long, tough, and full of unforeseen obstacles. In this replay of my recent keynote presentation for CEB’s The Basics conference in California, I share lessons learned on the race course that lawyers can apply to their own lives and careers. What I Cover in This Keynote: How I transitioned from BigLaw to solo practice because of a shift in my perspective and priorities Why lawyers let fear (specifically the fear of violating th...
Breaking Down the Duty of Technological Competence with Ivy Grey [LGE 032]
October 09, 2018 07:30 - 48 minutes - 111 MBABA Model Rule 1.1 states that a lawyer shall provide competent representation to a client. While this duty has existed for a while, the more recent addition of Comment 8 to Rule 1.1 makes it essential for lawyers to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]” This demands a shift in the way lawyers approach their understanding and use of technology in their legal practices. Joining me today to discuss the i...
When Your Conduct Outside the Practice of Law Affects Your Bar License [LGE 031]
October 02, 2018 07:30 - 19 minutes - 18.8 MBLawyers are charged with upholding the law and abiding by the ethics rules while we’re practicing as well as when “off the clock.” The ethics rules govern lawyer conduct anywhere and any time. So what conduct, behavior, and activities outside of the practice of law could potentially get you in trouble and affect your bar license? That’s what I delve into in this episode. What I Discuss In this Episode: What is one of the most significant activities you can engage in outside the law that w...
Delivering Bad News to Clients the Ethical Way with Kathleen Havener [LGE 030]
September 25, 2018 07:30 - 28 minutes - 26.4 MBNo one wants to think about it but there might come a time in your legal career where you have to deliver bad news to your client – whether it’s due to a lawyer error or otherwise. How can you deliver this news to your client swiftly and ethically? Joining me is Kathleen Havener, a lawyer at The Cullen Law Firm in Washington DC. Kathleen’s practice focuses on complex commercial litigation. In this episode, Kathleen shares her insight on a lawyer’s responsibility when it comes to informing ...
Twitter for Lawyers: Confidentiality, Advertising, and What to Post [LGE 029]
September 18, 2018 07:30 - 18 minutes - 16.9 MBSocial media can be a great place to connect with colleagues and grow your law practice, when used correctly. For many lawyers, however, the thought of posting and engaging on social media platforms generates as much fear as it does questions. In this episode, I’m focusing specifically on Twitter and sharing a few important ways you can and should be using the platform. My hope is that I address some of the fears and questions you might have about using this platform. What I Cover in This ...
From Addiction and Disbarment to Law School Professorship with Kenneth Lawson [LGE 028]
September 11, 2018 16:32 - 1 hour - 70.3 MBKenneth Lawson went from running a successful practice in Ohio to having his license revoked because of misconduct while addicted to prescription painkillers. He joins us to share his remarkable journey to redemption. Ken Lawson is the Co-Director of the Hawai‘i Innocence Project and an Associate Faculty Specialist at the William S. Richardson Law School where he teaches Criminal Procedure, Criminal Law, Professional Responsibility, Evidence, and Hawai‘i Innocence Project. What Kenneth S...
10 Tips for New Lawyers Entering the Profession [LGE 027]
September 04, 2018 07:30 - 23 minutes - 21.7 MBIf you’re a new lawyer just starting out in your legal career, you’ll want to tune in to episode to hear my top 10 tips (and 1 bonus one!) to help you succeed. If you’re a more seasoned attorney, I’d love to hear your best tip for new lawyers. Tweet me @zaviehlaw My top 10 tips: No matter how brilliant you are, you are going to be working with people who know more than you do Why “I don’t know” or “No” are not sufficient responses Ask a lot of questions (even if you think you’re i...
How to Delegate Effectively with Lori Gonzalez [LGE 026]
August 28, 2018 13:57 - 48 minutes - 112 MBYou’re a busy lawyer and some days make you wish you could multiply yourself. Well, until that day comes, you must learn to delegate. But where should you begin? What factors are important when it comes to delegation, and what are the potential challenges and benefits of delegation? I’m joined by Lori Gonzalez is the President and Founder of the RayNa Corporation, outsourced administrative and back office support for lawyers. Lori and I discuss the reason why many lawyers find delegating t...
Avoiding Mental Illness Treatment Out of Fear of the Moral Character Application with Margaret Hannon and Katherine Silver Kelly [LGE 025]
August 21, 2018 07:30 - 40 minutes - 37.3 MBMany law students fear seeking the necessary attention and help for their mental health issues because they know they’re likely to have to report it on their moral character application. Even though few applicants are denied admission based on mental health treatment or diagnoses, there is still a lot of stigma surrounding seeking help. So what are law students and lawyers applying anew for their moral character application to do? I’m joined by two wonderful guests, Margaret Hannon and Kat...
Applying the Essentialist Mindset to Your Law Practice and Life [LGE 024]
August 14, 2018 07:30 - 24 minutes - 22.3 MBWe’re all trying to do too much. From having too many commitments, to too many activities, and too many work projects - we’re all doing way too much. As a result, we don’t do anything half as well as we could. It’s time to reduce and let go of certain tasks. But how do we make that decision? What needs to go? That’s what I answer in this episode. I’m currently reading a wonderful book called Essentialism: The Disciplined Pursuit of Less by Greg McKeown and it got me thinking about lawyers ...
How to Make Completing Your CLE’s Less Painful [LGE 023]
July 31, 2018 07:30 - 14 minutes - 13.4 MBCompleting your CLE’s might not be the most exciting part of practicing law but it is mandatory. If you don’t take them seriously and complete them, then you can find yourself in a lot of trouble with your State Bar if audited for compliance. Use the tips I provide in this episode to help complete your CLE requirements with more ease. What You’ll Learn in This Episode: Why you don't have to resort to using random, last minute cd’s to complete your credits How to find free or cheap ev...
CEO or Expert: Which One Should You Be in Your Law Practice? with Mike Whelan [LGE 022]
July 24, 2018 07:30 - 50 minutes - 46.3 MBFor many solo practitioners, they believe they need to be the CEO’s and the experts of their law practices. After all, more often than not, it’s just them running the show. But is that necessarily the best way to grow your business? My guest today is Mike Whelan, operator of the Lawyer Forward conference, soon-to-be author, and legal consultant. Mike believes lawyers need to choose one or the other and he supports his claims in this fascinating conversation. What We Discuss in This Episod...
How to Create Compelling Marketing Content, Ethically with Nick Rishwain [LGE 021]
July 17, 2018 07:30 - 53 minutes - 48.8 MBContent marketing presents a great opportunity for lawyers who wish to increase their visibility online and grow their practices. Through blogging and video creation, lawyers can begin to establish genuine relationships with potential clients online. But, of course, there's always that fear of crossing ethical rules. That's what my guest and I discuss in this episode. I’m joined by Nick Rishwain, Vice President of Client Relations and Business Development for Experts.com, an online market...
10 Things Every New Lawyer Needs to Know [LGE 020]
July 03, 2018 13:40 - 24 minutes - 22 MBWhether you’re a new lawyer or you’ve been practicing for many years, this is a great episode that will serve as advice (or as a reminder) for how to make the most of being a lawyer and be the best you can be. The Top Ten Things Every New Lawyer Needs to Know: Have a realistic perspective of your importance. That includes neither underestimating nor overestimating how much you matter. Don’t bend your principles. You graduated from law school with a backbone so be sure to stand up for w...
How to Help Your Family Deal With Your Malpractice Suit [LGE 019]
June 19, 2018 02:55 - 14 minutes - 12.8 MBIf you’re involved in the discipline process, a lot of that stress you're dealing with carries over and affects your family too. So how can you help them handle the stress that comes along with dealing with malpractice suits? That's what I discuss in this episode. What You’ll Learn in This Episode: The type of stress and fears your spouse and kids (if you have any) will experience as they watch you deal with a malpractice claim How to deal with the financial concerns that might arise ...
Why We Need Data Driven Ethics Reform with Erin Gerstenzang [LGE 018]
June 12, 2018 07:30 - 28 minutes - 26.1 MBThe legal industry has been stagnant when it comes to making any sort of ethics reform. For the states that are making changes to their ethics rules, those changes are typically based on opinions and arguments but not on data. The data is out there; we need to collect it and organize it in a way that will help regulators make better decisions. I’m joined by criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. Erin and I are leading the charge on the Data Driven Ethics P...
California’s New Rules of Professional Conduct: What You Need to Know [LGE 017]
June 05, 2018 07:30 - 44 minutes - 41 MBI’m diving into the changes that came about with the new revamp of the California Rules of Professional Conduct. Several years ago, the California Supreme Court convened a commission to work on bringing California's Rules into alignment with the ABA Model Rules. The Commission’s Rules were recently adopted by the Supreme Court and they go into affect later this year in 2018. In this episode, I’m breaking down what California lawyers need to know about the changes and how they impact their...
How to Ethically and Effectively Use the Media and Engage the Court of Public Opinion with Wayne Pollock [LGE 016]
May 29, 2018 07:30 - 1 hour - 55.8 MBThere are many instances when a lawyer might want to turn to the press and media to engage them in a way that helps their existing clients. While there are certainly numerous marketing benefits to engaging the press, there’s also a huge opportunity to offer unique legal services to clients in addition to litigation. We’re exploring how to be more media-savvy for the benefit of our clients in this episode. I'm joined by Wayne Pollock, Founder and Managing Attorney at Copo Strategies, a nati...
The Business Case for Being a Decent Human Being (and Lawyer) [LGE 015]
May 22, 2018 07:30 - 15 minutes - 14.4 MBIt’s not enough to be competent in your practice area, now clients expect lawyers to be decent human beings as well. In this episode, I share my thoughts on the importance of being a good person and how that has a positive impact on your business. I also examine the fall out from a New York attorney’s recent "racist rant" and how that is negatively affecting his reputation and law practice. What I Discuss in This Episode: How lawyers now must be good people along with being competent i...
How to Use an Online Scheduling Tool for Networking and Booking Clients with Jess Birken [LGE 014]
May 15, 2018 07:30 - 27 minutes - 24.8 MBScheduling software programs help you keep your appointments organized, but they can do so much more for your practice. From helping you set up networking meetings, to booking client calls, collecting payments for consultations, and requesting Google reviews, online scheduling software like Acuity can be a powerful tool for lawyers. In this episode, I’m joined by Jess Birken, a non-profit attorney in Minneapolis, Minnesota. Jess loves all things tech and all things Acuity. She shares her ...
Why the Ethics Rules are Ripe for Reform [LGE 013]
May 08, 2018 07:30 - 23 minutes - 21.5 MBIn this episode, I get a little bit more personal and share my candid thoughts about why the legal profession is ripe for legal ethics reform, and more importantly, why that’s not a scary proposition. There are many forward-thinking legal practitioners and legal tech experts who are in favor of a large scale reform of the ethics rules but naturally, there are many others who are against any such changes. Despite the consensus among the former that change is needed, there is still some cont...
The Benefits of Preemptively Auditing Your Law Practice Management with Jared Correia [LGE 012]
May 01, 2018 07:30 - 51 minutes - 47.4 MBThe better your law practice is managed, the less likely you are to fall short on even basic ethics duties like competence, diligence, and communication. That’s why audits of your law firm technology, marketing, and practice management are so important. In this episode, I’m joined by Jared Correia, Founder and CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting and technology services for solo and small law firms. What We Discuss ...
Proper Billing Practices That Reduce Bar Complaints [LGE 011]
April 24, 2018 07:30 - 15 minutes - 13.7 MBWhat are some proper billing practices that can help reduce the potential for bar complaints against you? In this episode, I share several best practices when it comes to billing clients for work performed. What I Cover In this Episode: Make sure what’s reflected in your retainer agreement is also reflected in your billing practices Bill early and bill often Why you should describe the work you’re performing even if you’re billing on a flat fee basis instead of hourly Reconcile your...
The Ethics of Law Practice Systems and Project Management With John Grant [LGE 010]
April 17, 2018 07:30 - 56 minutes - 131 MBTechnology is pulling lawyers and law practices into the modern age but how can you, as a lawyer and business owner, use technology to improve you practice management while remaining compliant with the ethics rules? Along with using technology, how can you apply project management concepts to improve your business? I’m joined by John Grant, Founder of the Agile Attorney network. John works with lawyers and legal teams, acting as an outside COO to help them uncover new ways of practicing la...
Using Law Bots to Simplify, Automate, and Maximize Efficiency with Tom Martin [LGE 009]
April 10, 2018 07:30 - 34 minutes - 31.2 MBLawyers are catching on to the importance and value of integrating law bots into their practice, whether as chat bots on their websites or as client engagement and management tools. Founder and CEO of LawDroid, Tom Martin, joins us to discuss how bots can help automate and simplify internal law firm functions like research and external functions like client management. LawDroid is a bot automation company with a mission to promote justice everywhere and dedicated to bringing the legal indu...
Innovating In Your Practice Without Fear of Ethics with Melissa Hall [LGE 008]
April 03, 2018 07:30 - 43 minutes - 101 MBSend any ethics questions that you’d like me to address in a future episode. Reach me at [email protected] or Tweet me @zaviehlaw Lawyers no longer have to fear ethics constraints when crafting a law practice that truly reflects their lifestyle desires and needs. It’s possible to build a practice that provides flexibility and fulfillment while allowing lawyers to provide legal services in the way that they choose. I’m joined by Melissa Hall of Smol Law, a primary legal care practice...
What Should Be In Your Social Media Profile Really? [LGE 007]
March 27, 2018 07:30 - 15 minutes - 13.7 MBWhat should your social media profile(s) include? Are you compliant with the ethical rules when you build out your social media profiles? In this episode, I discuss what you should consider including in your profiles in order to remain compliant. What I Cover in This Episode: When is your social media profile considered attorney advertising and when is it not? What must you include in your profile if we are to treat it like attorney advertising? On Facebook specifically, what’s the im...
Practicing Mindfulness for Better Lawyering and Increased Client Satisfaction with Jeena Cho [LGE 006]
March 20, 2018 07:30 - 27 minutes - 25.2 MBInterest in mindfulness and meditation is on the rise in the legal profession and for good reason! There are numerous benefits to incorporating mindfulness into your law practice and legal career, the most relevant to us being that it helps lawyers do their jobs better (which means fewer potential ethics complaints). I’m joined by lawyer, author, and mindfulness instructor Jeena Cho who shares her insight on the connection between mindfulness, wellness, and building more sustainable law pr...
How to Submit a Moral Character Application That Isn't Squeaky Clean [LGE 005]
March 13, 2018 07:30 - 23 minutes - 21.5 MBThe moral character application might seem like it’s only something law students need to worry about but if you’re a lawyer who’s looking to be admitted in other jurisdictions, then you’ll certainly want to pay attention. This is especially true if you happen to have a few blemishes in your past that you need to disclose in your application. In this episode, I offer my tips on how to approach filling out the moral character application that isn't squeaky clean. What I Cover in This Epi...
Ethics Rules In Need of 21st Century Makeover with Eric Cooperstein [LGE 004]
March 06, 2018 08:30 - 37 minutes - 34.4 MBThe legal profession is evolving and yet, so many of the ethics rules can’t seem to keep up. They are simply outdated and need a 21st century facelift. I’m joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today. What We Discuss in This Episode: Why the rules need to be updated in o...
Ethics Rules In Need of 21st Century Makeover with Eric Cooperstein [LGE 004]
March 06, 2018 08:30 - 37 minutes - 34.4 MBThe legal profession is evolving and yet, so many of the ethics rules can’t seem to keep up. They are simply outdated and need a 21st century facelift. I’m joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today. What We Discuss in This Episode: Why the rules need to be updated in o...
The Role of Kindness in Reducing Ethics Complaints [LGE 003]
February 27, 2018 08:30 - 19 minutes - 18.3 MBWhat does kindness have to do with ethics complaints? Well, possibly a lot! I believe that if more lawyers practiced kindness towards their clients and even towards opposing counsel, even when it is difficult to do so, there would be fewer ethics complaints filed against them. That's exactly what I discuss in this episode. What I Discuss In This Episode: What does it mean to be kind? Who do we need to be kind to and why? What should lawyers do to insure their clients are happy? Wh...
5 Areas Where Lawyers Make Ethical Mistakes (Without Even Knowing It!) With Erin Gerstenzang [LGE 002]
February 27, 2018 08:00 - 53 minutes - 49.2 MBShow Notes Is that contact form on your website compliant with the ethical rules? How should you handle negative online reviews by clients? The ethics rules can be complicated and often times, lawyers just don’t know that they’re violating them. In this episode, I’m joined by Atlanta criminal defense attorney and legal ethics enthusiast, Erin Gerstenzang. We are talking about five specific areas that can be danger zones for solos and small firms when it comes to the ethics rules. What ...
Welcome and What To Do If You Receive a Bar Complaint [LGE 001]
February 22, 2018 19:16 - 23 minutes - 21.3 MBIn my first episode, I start off with a short introduction of who I am. I am an ethics attorney practicing primarily in California, and in short, I save lawyers' careers. I also wanted to make my first episode useful and practical for you so I’m tackling a critical topic that I deal with frequently and that is: what should you do if you receive a bar complaint? What You’ll Learn In This Episode: Why the first thing to do when you receive a bar complaint is to not panic and just read th...