professionalism blog

Feeling Unprepared

2011-12-18T12:26:00.002-05:00

The results of the latest survey demonstrate that 85% of our respondents feel as though their law school education did not prepare them for private practice.

Navigating office politics, understanding the relevance of the billable hour, learning the cost and value of legal services -- none of these essential issues involved in private practice success were ever addressed in my law school education. Were they in yours?

Beyond practice skills, taught in clinics and legal writing, practical private practice skills need to be addressed in law schools. We can't pretend that the law is a purely academic endeavor.

On an unrelated note, we have been experiencing an uptick in readers and survey takers. (Take a look at the bottom left hand column, we are at nearly 13,000 page views!) I want to thank you all for taking the time to read and cast your votes. You can follow this blog and receive post updates by email by signing up on the NEW FEATURES in the bottom right column.

Law School Reform

2011-11-29T16:06:00.001-05:00

On the subject of law school reform, a new suggestion taken from a practice of new/established technology-enhanced retail darling, Zappos. (So, for that reasom alone, I am biased towards it.)

http://slate.me/lawschoolarticle

"Paying students to quit law school. An unorthodox solution to the problem of too many graduates unable to repay their loans."

Let me know your thoughts.

1/2 Mentored 1/2 Not

2011-11-11T12:36:00.001-05:00

Our last poll surveyed NYCLA members to find out if they had a mentor who assisted them in their legal career. The results were curious: 50% of respondents were lucky enough to have mentors guide their careers, while 50% were not so lucky and wished that they did have a mentor.

Beyond the scarcity of mentoring, the poll doesn't say much. It would be interesting to hear from both groups to compare where they are in their careers and development. Success is subjective. I would be curious to know how those with mentors view their success in terms of the mentoring they received. Likewise, I would like to hear from those who wish they had mentors to know how they feel they would have advanced if mentored.

At least we hope to raise the statistics with NYCLA's mentoring program, now in its third year!

Fixing Law Schools

2011-11-02T23:44:00.000-04:00

I recently read an interesting article on how legal education needs to change to be more useful to the graduating law students. The article posits that law schools must "Prepar[e] student … for a lifetime of successful, ethical and personally rewarding practice." That's a tall order. See the article here:

http://chronicle.com/article/Theres-More-to-the-Law-Than/129493/

Criticism aside, I do agree that law schools need to be re-engineered. The following except taken from the article concerns stepping away from the Ivory Tower to a more inclusive (and IMO relevant) way to view legal work:

It is necessity, not fashion, that causes lawyers to pay attention to the work of anthropologists, economists, historians, political scientists, psychologists, and sociologists. We look to those disciplines because their insights are useful—even indispensable—in understanding and solving legal problems in our complex and rapidly changing world.

Is There A Privacy Expert In The House

2011-10-26T17:09:00.000-04:00

I recently attended an online privacy debate/discussion presented by Gotham Media at Frankfurt Kurnit. I want to thank both of them for putting this type of program together: a mix of legal and non-legal and very cutting edge. Unfortunately, I left unsatisfied.

Each panel member was smart and specialized (government lawyer, Wired editor, journalism professor and ex-Microsoft lawyer) and the conversation was lively for the most part. But, the panelists appeared to generally agree that (1) people want more privacy, (2) consumers need to be protected online (from advertisers? others, besides crooks? not sure who), and (3) the government is the entity that should police privacy.

I left the talk unsatisfied because I don't agree with any of those premises. (1) my public online presence is something I chose and am happy with, (2) I much prefer to get ads targeted to what I am looking for, especially if it includes a better price--I don't like to window shop, and (3) the discussion centered around privacy regulations that remain on the drafting boards since 2000. Social media and sharing sites (facebook, twitter, foursquare, flickr etc) were, of course, not even around in 2000. Which begs the question, who is writing the regs and do they have enough of an online presence to understand social media?

I prefer to be vigilant (not necessarily restrictive) about my own settings, so I can benefit from sharing and what is shared on my terms.

I am not a privacy lawyer, it is just an area of interest to me. If anyone can set my understanding straight, please comment, I would be grateful to hear why I am misinformed.

Rethinking the valuation of legal services

2011-10-07T18:13:00.000-04:00

I just read a thought-provoking article by Paul Lippe, http://www.abajournal.com/legalrebels/article/can_moneyball_principles_be_applied_to_the_valuation_of_legal_services/.

He attempts to analyze value of legal services through a four-part rubric: outcome, risk, process and amount.

What I liked about this article is that he started the topic. He didn't offer solutions or predictions. He acknowledged the complexity involved. He also acknowledged the inevitability of change and the willingness to view the value of legal service in alternative ways.

NYCLA thinking like a Techie

2011-10-04T08:49:00.001-04:00

Our latest poll asked NYCLA members to think about the future of legal services and the extent that those services will become systematized in the future. Surprisingly for a group of lawyers (since lawyers are notorious for resistance to technological changes) 87 percent of those surveyed said that more comprehensive legal services will be available online within the next 5 years. The small minority disagreed saying that legal services need to be tailored, are too specialized and too complicated to be made available online.

I would love to hear more from those of you who predict more legal services will be available online in the future. What do you see: Skype consultations? form complaints? mutually agreed upon automated dispute resolution?

Musings on Mentoring

2011-09-23T15:20:00.000-04:00

The next poll that I am going to post is about mentoring. I am truly curious as to the extent that successful lawyers have been mentored (sponsored, supported--whatever you want to call it) along their career path to their success. A lot of discussion is currently being had on the need for more mentoring of young attorneys, but I don't recall any conversations in my ten years of talking with senior lawyers about their positive experiences with mentors. Is it just that my conversations with senior lawyers have been so narrow?

I wonder if lawyers will admit to each other (especially lawyers to their junior) that they receive help along the way.

Let's see if the poll reveals anything. Comments are welcome too. Both are anonymous.

Help Wanted: Blawg 100 Amici nominators

2011-09-06T12:11:00.000-04:00

Dear Readers, for those of you who wish to express your gratitude for the opinions and insights provided during this blog's 3 and 3/4 years of existence (wow!) you now have a simple, painless way to do so. Just click on http://www.abajournal.com/blawgs/blawg100_submit/ and fill out the form explaining why this blog should be on the ABA's list of 100 blogs.

Thanks for your support!

Standardizing legal services

2011-08-23T10:49:00.000-04:00

Legal visionary Paul Lippe wrote a recent article about the lack of standardization in the legal profession and forecasts areas where he sees standardization is imminent:

• How clients assess and communicate about the performance of lawyers cries out for standardization, so clients can give consistent feedback, incent improvements in performance, and provide a consistent way for law firm leaders to interpret data.

• How firms charge for work on a “value” basis beyond simple time will be standardized, so firms and clients can compare like to like (products liability defense litigation in Arizona to civil litigation in Colorado).

• How firms share information with clients—now a crazy quilt of alerts, blogs, seminars, treatises, multistate surveys and podcasts—will migrate into a more consistent and integrated model.

• How firms and clients work together to construct documents, or make choices around contract terms will continue to simplify or we will all surely drown in complexity.

• The general way lawyers and clients communicate will standardize through “profile-centric” systems (not “social networks”), just as 15 years ago email became the standard communication tool displacing FedEx and the fax machine (remember that one?) and three generations ago the standard communication tool was “lunch at the club.”

Do you agree with him? Can you think of other ways?

I predict an upcoming poll out of this.

Full article here: http://legalonramp.com/index.php/What-Aspects-of-Legal-Services-Are-Most-Likely-to-Get-Standardized.html

NYCLA Tweeters Unite!

2011-08-17T19:24:00.000-04:00

I am impressed by the tech savvy NYCLA members--33% of you use Twitter in your business development. I bet that is higher than the national average for lawyers, in fact, an ABA article from 2009, remarked that "Only 6 percent of lawyers in private practice and 4 percent of in-house lawyers use Twitter." Who knew that NYCLA was on the cutting edge?

Rounding out the poll results 46% of pollsters did not use Twitter; 13% use it, but not for business development; and a mere 6% never heard of it or thought it was a waste of time.

To see the ABA article, click here:

http://www.americanbar.org/publications/young_lawyer_home/young_lawyer_archive/yld_tyl_dec09_digital.html

More on Twitter

2011-07-27T22:55:00.000-04:00

I came across this article in the law journal. It relates directly to our latest poll concerning Twitter. As usual widely differing views from our lawyer colleagues: Differing Views of Lawyers on Twitter: Savvy Marketing Tool or ‘Nonsense’?

http://www.abajournal.com/news/article/differing_views_of_lawyers_on_twitter_savvy_marketing_tool_or_nonsense/

"Remember, you are always a member of the Bar when you are at a bar"

2011-07-18T21:07:00.020-04:00

I do hate cute, but I had to take that quote and showcase it in the title to this post. It was taken from this article: http://www.fromthesidebar.com/attorney-client-privilege/cocktail-party-chatter/.

However, beyond the cheezy quote, the article provides useful guidance on what to say and what not to say in the heat of the summer social season--from refraining from legal advice to protecting confidentiality.

Survey results: Should lawyers be less business minded?

2011-07-08T17:00:00.000-04:00

That is the question I asked myself after tallying the latest blog poll. It appears that 63% of respondents believe that lawyers today are too business-minded. I find that striking, especially in today’s economy when people are struggling to make a living. Is it unprofessional for lawyers to be concerned about your business objectives? I would think not, but I would love to hear from some of the respondents who think otherwise.

Rounding out the poll, 18% of respondents think that lawyers today are too academic with the remaining 18% responding that lawyers have a achieved a good balance of both business and academic concerns.

Take the time to vote on the latest poll too (on the left of the screen). Thanks.

Survey results: WHAT DO YOU THINK OF STORING DATA ON A CLOUD?

2011-06-30T23:41:00.018-04:00

Our NYCLA community is a group at the extremes, as demonstrated by this last poll about cloud computing. Multiple answers were allowed and many of you selected more than one answers. Interestingly, I observed that while 50% of voters were thrilled at the prospect of the cost-savings of this (relatively) new technology. Another 50% of voters were not even sure what the poll was about! The results in percentages are below:

Fantastic! Cost-saver and the future of data storage.

(50%)

My concern is confidentiality and trade secret protection.

(33%)

My concern is the viability of fly-by-night vendors.

(0%)

My concern is ownership , location and what law governs.

(16%)

What is storing data on a cloud?

(50%)

Is Your LinkedIn Profile Violating the Rules of Professional Conduct?

2011-06-25T23:41:00.001-04:00

Twice I heard warnings cautioning attorneys who use LinkedIn to be careful of how they describe themselves on their LinkedIn profiles. The concern stems from possible violations of attorney advertising rules. The "Specialties" section of the profile was of most concern. One commentator suggested that you not include any specialty unless you have obtained special certification in that area. Have you considered the professional conduct rules prior to creating your LinkedIn profile?

Strengthening the Judicial System

2011-06-02T07:51:00.001-04:00

I came across a recent article / interview of Ted Olson and David Boies concerning the work that they are doing with the ABA to combat the crisis in the judicial system resulting from underfunding. I thought many in our NYCLA community would be interested: http://ipwatchdog.com/2011/05/30/exclusive-interview-ted-olson-david-boies/id=17498/

What if your firm was a private equity portfolio company?

2011-05-28T19:25:00.000-04:00

I enjoyed reading Arthur Ciampi's article in the Law Journal about the provocative law suit filed by Jacoby & Meyers to permit non-lawyer ownership of law firm partners. View the full article here:
http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202495332432

What do you think? I will give you the chance to vote on it in a future poll. For now vote on the precursor poll to the left.

Institutionalized Mentoring

2011-05-24T00:12:00.000-04:00

A sure sign of a growing, sustainable trend is when an ethics opinion is written about that trend. So is the case with mentoring. Oregon (which was preceded by Georgia and Utah, with other states in the works) has instituted a mandatory mentoring requirement for all attorneys who pass the Oregon state bar, starting this summer. And just in time before any mentor-mentee partnerships break any rules, the Oregon bar issued a formal opinion on ethics issues arising in mentoring relationships and use of LISTSERVs. For the full text of that opinion, click here: http://www.osbar.org/_docs/ethics/2011-184.pdf

Where we see the legal market moving

2011-04-17T23:27:00.000-04:00

In our last poll we asked readers to vote on "How long it will take for attorney demand to return to a comfortable level?" Your responses were split evenly among two extremes with a small percentage voting for the middle ground. Specifically, 41% of voters predicted that within a year or two attorney demand will return to "the good old days" and on the flip side, 41% of voters lament that the legal market will never recover, and that an abundance of unemployed lawyers in the new norm. The remaining voters (16%) expect a full recovery in five years (presumably they are expecting many of those treading water to bail out of the profession by then). Which leaves no one having voted that the legal market has returned to a healthy, stable state. An unsurprising consensus in that regard.

About a year ago, we asked our readers to vote on a similar survey "How long will the drop in attorney demand and association salaries/ billing rates last," you can jump to that post here: http://taskforceonprofessionalism.blogspot.com/2010/02/our-collective-crystal-ball-is-not.html
Interestingly, at that time, voters were split evenly among three choices: recovery in a year, 5 years, and never again. Comparing that with this year's results, it appears that many who were middle of the road last year have become extremists at both ends of the spectrum. (And last year too, not surprisingly, no one voted for the most sunny of poll choices: their rates increased and were earning more than ever.)

We are looking back into our collective crystal ball

2011-03-08T18:42:00.000-05:00

71% of you love being lawyers. The rest don't, split 50-50 between those who don't love being a lawyer generally, and those who didn't love being a lawyer on the day they voted. Take the time to vote on the latest poll too, more about that below. Thanks.

Last year, we polled our readers on their predictions regarding the economy and the legal employment market specifically. Today, we are asking our readers to vote on a very similar poll . When it is all over, we will compare the results and share with you.

New Year's Resolutions

2011-03-04T14:37:00.001-05:00

No this post is not delayed because of technical difficulties and I know it is March and I know that my Valentine's Day themed survey has only a few days to expire. It so happens that I only now realized that I forgot to post the results of our January Survey--Readers New Year's Resolutions. I know you are dying to hear the results, so here goes:

70% have resolved to find a new job! That is a whopping percentage and surprised me too.
40% have resolved to get new clients-- go get 'em.
20% have resolved to get out of debt. A fine resolution.
40% have resolved to be more active in NYCLA. An even finer resolution! I hope that means more hits on my blog too.
No one has resolved to change professions. We do love being lawyers (don't forget to vote on the current survey)
No one has resolved to make an investment (not even buy a new suit! the 70% looking for a new job, might want to rethink this one.)

These responses inform me that (1) we love being lawyers, but not necessarily our jobs; (2) we need to be more fashion savvy, especially since we practice in the fashion capital of the world; (3) maybe we will make some investments (maybe even in a new suit) after we find new clients and/or get out of debt.

NYCLA's Mentoring Program. lots of professionals, good advice and dare I say, swanky....

2011-02-18T10:41:00.001-05:00

I am so excited about the 2011 Mentoring Program. NYCLA has put together the FIRST EVER bar association sponsored mentoring program for the second year. We had the first meeting last night with a huge turn-out of mentors and mentees. This year's group consists of 20 pairs! We had to whittle down the applicants (>150! we enthusiastically encourage reapplying) based on the success of last year's program.

The meeting featured an excellent introduction to career empowerment and mentoring from Elise Holtzman http://www.advocatesuccessgroup.com/blog/. Following the meeting we met at our new monthly social gathering at the swanky, fabulously decorated back room of the Woolworth Tower Kitchen. http://www.thewoolworthtowerkitchen.com/photos.html I love this place. I can't wait to come back. Thank you Shariff and Lou!

This program is really that good. In fact, we need to find a better name than just mentoring program to brand it. I am open to suggestions.

Big thanks to Bari, Zack, and the Advisory Board: Lew Tesser, Judge Laura Ward, Nancy Morisseau and my humble self. This is going to be BIG!

NYCLA Recommendations Regarding Commission on Judicial Conduct Adopted by NYSBA

2011-02-03T11:58:00.000-05:00

NYCLA announced on January 28 that the New York State Bar Association House of Delegates has adopted the major recommendations proposed by a report released by NYCLA’s Task Force on Judicial Conduct.

The NYCLA Report was prepared in response to concerns that the activities of the Commission on Judicial Conduct may unintentionally compromise the independence of the Judiciary and the widespread perception that many of the Commission’s procedures are at variance with the due process framework that is fundamental to our legal system. The new recommendations seek to promote judicial independence by bringing greater transparency to the way in which the Commission operates, and enhancing due process and the appearance of fairness in the Commission’s processes.

For NYCLA's submission to the to the NYSBA House of Delegates, click here http://www.nycla.org/siteFiles/News/News147_0.pdf

For NYCLA's Task Force on Judicial Conduct, click here http://www.nycla.org/siteFiles/News/News147_2.pdf

What keeps you up at night?

2010-12-08T18:16:00.000-05:00

Everyone who responded to our survey was concerned about unemployed lawyers. Whether you are unemployed or not, the vast pool of unemployed lawyers is a concern to us all. The next nightmare that kept people awake was offshore outsourcing--indeed, related to unemployed lawyers--below is a link to an ABA article by Debra Cassens Weiss about one law firm management member who is not kept awake at night by outsourcing. I wonder why not..... http://www.abajournal.com/news/article/kl_gates_chairman_sees_outsourcing_as_gnat_in_an_elephants_ear/
Finally, readers are kept awake at night by civility (or lack thereof, one would assume). Surprisingly, no one was losing any sleep over mandatory retirement and judicial independence. I wonder why.....

I have been remiss in my blogging duties this end of the year. Apologies for that, my New Years resolution is to step up my blogging and to enlist guest bloggers to share this platform, anyone interested? send an email to nyclablogger@gmail.com if you are. For everyone else, check out the latest survey and let us know YOUR New Years' resolutions.

Calling Mentors and Mentees

2010-10-26T11:19:00.000-04:00

NYCLA is gearing up for the second year of its successful mentoring program. The goal of the program is to "enhance the experience of junior attorneys in the legal profession by providing the tools and resources necessary for their professional and personal development through mentoring services, customized CLE programs and active bar association membership."

If you are interested in participating as either a mentor or a mentee, click the link here for more information, http://www.nycla.org/index.cfm?section=Ethics&page=NYCLA_Mentoring_Program

The Task Force on Professionalism Revs Up for a New Year

2010-09-30T10:11:00.000-04:00

The Task Force under the helm of Ron Minkoff started off the new year with its first meeting last week. The big ticket item is the second year of the Mentoring Program which will build on the success of the first year pilot program. Also in the pipeline are new initiatives and the future of our humble blog. Stay tuned …

When Pro Bono Does Not Work the Way it Should

2010-09-14T22:43:00.000-04:00

While the benefits from pro bono work are widely recognized, the “negative effects” are rarely discussed. Perhaps because they are considered so insignificant in comparison to the interests they promote. But, what if these “negative effects” could harm the legal profession?

During the last few months, I have been involved in many different pro bono programs. I have examined the whole process and witnessed how our contribution has generated good: Volunteer lawyers attend a mandatory training that covers basics on the area of practice relevant to the pro bono activity and ethics, and afterward attend legal clinics. Most of the clients I have helped were not “sophisticated persons” and felt oppressed by the legal process. In the end, they were so grateful for the assistance they were granted.

In the absence of the incident described further, I would have never become aware of the potential harm of pro bono services:

On a Thursday morning, when I was volunteering at the Uncontested Divorce Clinic, a group of people entered to the clinic and asked “where are the lawyers, we are looking for lawyers.” At first, nothing was out of the ordinary; a group of people looking for lawyers in the Kings County Supreme Court is likely to happen. But, that was not exactly the case, there was something more profound.

After a short inquiry, we realized that these individuals were looking for the lawyers of another pro bono program. At that very moment, we also became aware of the tone of their voices and the expression on their faces: they screamed disdain for the legal profession. I got the impression they were demanding: “where is my free lawyer.”

Legal services perceived as a free commodity by the public can have long term devastating effects on the legal profession, such as having clients taking our work and/or availability for granted.

Making a difference for indigents seeking legal services should not be at the expense of the volunteer attorneys who donate their time, energy and expertise to promote the interest of justice.

What can be done to frustrate the potential evils of pro bono legal services?

My proposal is to reconsider the way we deliver our free legal services. Pro bono programs should have a wisely crafted internal policy conveying unequivocally the value of the services provided and the idea that nothing should be taken for granted.

Pro bono clients must understand that being found eligible for pro bono legal assistance is an exceptional privilege and the waiver of attorney’s fees is not right.

** This is the first post from Pascal Partouche. Thanks, Pascal, we look forward to hearing from you more.

Death of billables?

2010-08-30T18:42:00.000-04:00

We have discussed the death of billables on this blog in the past, but in the last six months or so the topic hasn't received much press. At least until this morning... here is an interesting analysis from the WSJ blog on why the idea isn't taking off as fast as was predicted a few months ago.

http://blogs.wsj.com/law/2010/08/30/is-the-billable-hour-going-away-not-according-to-the-supreme-court/?blog_id=14&post_id=33088

A committee that blogs together ...

2010-08-22T17:27:00.000-04:00

All of the respondents in our last survey wished their committees had blogs of their own. It is a great communication tool that the Task Force on Professionalism is lucky to have, but what makes it most interesting is involvement from our readers so before you leave, make sure to cast your votes on the survey to the left, then I will know I am not alone.

Ch-Ch-Ch-Changes

2010-08-19T23:02:00.000-04:00

We will soon have some welcome additions to the blog, specifically a new blogger-collaborator Pascal. Keep checking in with us for more info on Pascal and his first post.

The Staten Island Outing

2010-07-23T14:34:00.000-04:00

The mentors and mentees from our Pilot Mentoring Program spent a fun-filled evening networking while watching a Staten Island Yankees Game -- with all you can eat burgers and dogs. Last evening's B-league baseball game was one of the structured events organized by NYCLA to get mentors and mentees together. The aim of this event was for the mentors (all leaders in the NYCLA community) and the mentees (all future leaders in the NYCLA community) to talk about things other than law and the legal profession ... we all need a break sometimes....

Many thanks to Bari Chase and her staff for organizing a great event!

(I am sorry I had to leave before the fireworks. I heard they were fabulous! And I still can't believe that that ferry ride was a freebie!)

Mentoring Program Surveys

2010-07-11T11:29:00.000-04:00

Thank you, Mentees, for filling out your surveys. We received a lot of valuable feedback and will analyze the results further to incorporate your suggestions as we go forward with NYCLA's Mentoring Program.

Mentors, you should have received your surveys last week. It is time for you to fill them out and return them to us as soon as possible. We need your insights too!

Mentees Send In Those Surveys

2010-06-28T10:58:00.001-04:00

Mentees, this is a post dedicated to all of you; a reminder to please fill out the surveys as fully as you are able by June 30. (You have two days.) We can really use your feedback and are grateful for your time. Thanks!

NYCLA Joins in Filing Civil Action to Challenge Mayor's Plan to Change Indigent Defense Plan

2010-06-24T18:08:00.001-04:00

On June 18, NYCLA joined with the Bronx, Kings, Richmond and Queens County Bar Associations in filing a civil action in New York State Supreme Court alleging that recent attempts by Mayor Michael Bloomberg, the City of New York and the Criminal Justice Coordinator to overturn the City's indigent defense system are unconstitutional under the New York and United States Constitutions.

This most recent action follows the filing of an Article 78 proceeding on June 2 to challenge the City's unilateral overturning of the indigent defense system operated for more than 40 years through a joint plan among the City and County Bars.

The June 18 complaint alleges that the City's actions threaten to undermine indigent defendants' already limited access to meaningful and effective representation, and that the actions violate the guarantees of access to counsel, due process, equal protection and separation of powers. The complaint seeks to halt the City's contract procurement process and preserve the status quo unless and until the City reaches an agreement with the County Bars that preserves indigent defendants' access to adequate legal counsel.

To read the June 18 release about the filing of the civil action, click here: https://www.nycla.org/siteFiles/News/News131_0.pdf

technical difficulties

2010-06-17T14:13:00.003-04:00

it appears that with our recent blog renovations, we lost the prior results from our pro bono survey--please vote again. also, comments on the "new look" are welcome...

New Chair for the Professionalism Task Force

2010-06-16T18:17:00.001-04:00

Jim Kobak has appointed Ron Minkoff to succeed him as Chair of the Professionalism Task Force.

Ron is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including partnership disputes, disciplinary cases, and malpractice and intentional tort actions. He is Adjunct Professor of Professional Responsibility at New York University School of Law. He is a member of the NYSBA Committee on Standards of Attorney Conduct and the NYSBA Special Committee to Review the Code of Judicial Conduct of the American Bar Association. He is a member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. Ron is one of the principal authors of the Ethics Institute’s soon to be released treatise: “The New York Rules of Professional Conduct: Practice and Procedure,” Oxford University Press, New York, New York, 2010.

Welcome Ron!

NYCLA Advocates for Indigent Members of Society

2010-06-06T19:26:00.007-04:00

On behalf of NYCLA and other county bar associations, Haynes and Boone, LLP commenced an action in New York State Supreme Court seeking to block the City of New York, Mayor Michael Bloomberg and the Mayor’s Criminal Justice Coordinator John Feinblatt from unilaterally implementing an overhaul of the City’s indigent legal defense system for criminal matters -- a system that was devised and has been operated under a joint plan among the City and the County Bars for more than 40 years. The County Bars brought the lawsuit on behalf of New York’s indigent defendants, who are otherwise without effective means or recourse to challenge systematic inadequacies in the provision of criminal defense services.

The action -- referred to as an “Article 78 Proceeding” -- seeks an order from the court preventing the City and the CJC from further disturbing the status quo unless and until the City reaches an agreement with the bar associations that preserves indigent defendants' access to adequate legal counsel.

Fo more information, follow the link to the full news release: https://www.nycla.org/siteFiles/News/News130_0.pdf

Elena Kagan Chosen for Supreme Court

2010-05-10T13:07:00.003-04:00

This morning President Obama said he will nominate Elena Kagan to the United States Supreme Court. Kagan is the first woman solicitor general of the United States. Once she is confirmed, there will be three women sitting on the Supreme Court, another first; we are approaching gender parity ...

So the guessing game is over; surprisingly none of our voters chose Kagan on our last poll, but President Obama did, and he is really the only one that counts ...

The Legacy of John Adams

2010-04-21T10:59:00.003-04:00

One hundred percent of our voters believe that pro bono representation of the popular and unpopular is a nobel tradition in the law and should not be a bar to working for the government.

John Adams would agree. He didn't just work for the government, he worked toward creating our government, even after he represented the wildly unpopular British soldiers accused of the Boston Massacre. (Although I don't know if he took on the representation pro bono).

NYCLA is a Cooperating Entity for the ABA International Section 2010 Spring Meeting

2010-04-13T10:15:00.003-04:00

NYCLA is a cooperating entity for the ABA International Sections 2010 Spring Meeting, which is happening right now! If you need CLE credit and are interested in international issues, the 2010 Spring meeting offers four days (Tuesday, Wednesday, Thursday and Friday) of cutting-edge programs that you should check out. Also scheduled are lunches with distinguished speakers and lots of networking and social events too. Rates for programs are the same for NYCLA members as for ABA members. You can check out the programs by following this link:

http://www.abanet.org/intlaw/spring2010/agenda.html

When justice is served

2010-03-22T17:55:00.001-04:00

Speaking against the recent attack ads questioning the loyalty of attorneys that represented detainees at Guantanamo Bay, Justice Ginsburg said “The truth is that justice is served when there is quality representation by lawyers for everyone.”

See the whole article from the BLT at http://legaltimes.typepad.com/blt/2010/03/ginsburg-ge-counsel-speak-up-for-justice-department-lawyers.html

NYCLA members using networking sites

2010-03-09T23:31:00.000-05:00

The majority of respondents to our poll use social networking sites to market their legal skills--Eighty percent of those who responded!

NYCLA Board Adopts Task Force on Professionalism Report

2010-02-12T11:38:00.002-05:00

On January 11, NYCLA's Task Force on Professionalism's "Report on Professionalism" was adopted by the NYCLA Board of Directors. James B. Kobak Jr., NYCLA's president elect and chair of the Task Force said, "The work of the Task Force follows NYCLA's tradition of taking on questions of serious concern to the legal community and citizenry of New York in a frank and congenial manner from a diversity of perspectives."

To download a copy of the report, visit www.nycla.org and go to the "News" section on NYCLA's homepage.

A SDNY Judge's insight on the Future of Litigation

2010-02-09T11:21:00.004-05:00

I have provided a link to a prophetic article written by US District Judge Shira A. Scheindlin regarding the future of litigation, published in the NY Law Journal on February 5.

Judge Scheindlin addresses five changes to the practice of litigation and how they "affect the bench and bar: (1) jurisdiction; (2) pleading standards and case tracking; (3) vanishing trials and changing jury culture; (4) alternative dispute resolution; and (5) the impact of electronic communications on civil and criminal litigation."

Full text of the article can be accessed from the link below:

http://alm-editorial-us.msgfocus.com/c/13VlOzeoAUkg7SbEZM

Our collective crystal ball is not working

2010-02-01T18:17:00.007-05:00

Our last poll asked "How long will the drop in attorney demand and association salaries/ billing rates last?"

Your answers were an even split among three of the four choices: 33.33% of voters think that within a year or two we will return to 2006 levels; 33.33% of voters don't expect to see a full recovery for at least five years; and 33.33% of voters think the drop in salaries and billing rates is the new norm and will not change EVER

only time will tell who is right in their prediction.

There is one telling piece of information from this latest survey, however--no one voted that their rates have increased and are earning more than ever.

Make sure to cast your vote on the new poll, on the right of the screen.

The Pilot Mentoring Program has begun

2010-01-19T09:57:00.005-05:00

The Task Force on Professionalism's Pilot Mentoring Program is being unveiled.

After months of organizing and negotiating how the program will work and best practices; contacting mentors and a difficult selection process of many fine applicants for mentees; and preparing training materials, making final adjustments and last minute trouble shooting, NYCLA and the Task Force on Professionalism are thrilled to be hosting the kick-off party to start the first year of the Pilot Mentoring Program.

Through its surveys and analysis, the Task Force recognized a real need for mentoring amongst New York legal professionals. The mentoring program hopes to fill that need for NYCLA members.

I plan on following the progress of the Mentoring Program through this blog in order to support the Program in two ways: (1) to generate comments on the effectiveness of the Mentoring Program during this first, very crucial year. We would like to get the benefit of suggestions from NYCLA members who are participating in the Program (and those who are not participating, but still have suggestions) in order to work out any kinks and strengthen the Program; and (2) to generate interest in the Program in order to make this a sustainable, perennial Program.

The need for mentoring in the New York legal community is undeniable. Through the NYCLA's Mentoring Program we hope to advance confident lawyers to be more satisfied in their profession.

Really? One third of you want to quit?

2009-12-27T10:23:00.000-05:00

Our last poll--If you could do it all over again, would you go to law school, knowing what you know now?--produced disheartening results. At first, I was sort of pleased that the majority voted in the positive (62%), especially knowing that people with an ax to grind or a gripe to share are more apt to contribute in an anonymous forum. But, then I stood back and thought, that is over one third of people who bothered to vote (37%); they would rather not be doing what they are doing now.

The unfortunate poll result begs the question: what would you rather be doing?

What would you tell someone you know who is considering law school?

2009-12-14T18:22:00.010-05:00

For those of you who want additional thoughts concerning the same topic as our latest poll, "if I could do it all over again ..." Karen Sloan has written an article in the latest edition of the National Law Journal, "Going to law school? Proceed with caution" that is worth a read. You can find the full article here: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202436271998

The Recession still Looms for Lawyers

2009-11-09T18:22:00.004-05:00

According to the majority of poll takers in our latest poll, the recession is not over--fifty percent of respondents have lost their job and remain unemployed. An additional 33% of respondents have somewhat recovered: they have found employment, but their new job is not as good as their last job.

Unfortunately, the poll demonstrates, to a certain extent (at least in the NY legal market), many people have not recovered from the recession. The Am Law Daily confirms that the law profession continues to be financially rattled in a recent article entitled "Legal Sector Loses 5,800 Jobs in October" see the link below for the entire article.

http://amlawdaily.typepad.com/amlawdaily/2009/11/legal-sector-loses-5800-jobs-in-october.html

No Red Flags Rule for Lawyers

2009-11-06T10:15:00.000-05:00

On October 29, the U.S. District Court for the District of Columbia ruled that the FTC's Red Flags Rules cannot be enforced against lawyers, saying that the FTC's interpretation of the Fair and Accurate Credit Transactions Act overreaches and its application to lawyers is unreasonable.

NYCLA organized a CLE Program on November 5 which discussed the decision and its significance for the independance of the legal profession.

Red Flags Rule Update

2009-10-27T11:29:00.003-04:00

A bill to exclude some lawyers from the Federal Trade Commission’s Red Flags Rule has passed the U.S. House of Representatives and awaits action in the Senate.

On October 20, the House of Representatives voted in favor of H.R. 3763 to exclude from the meaning of “creditor” any health care practice, accounting practice, or legal practice with 20 or fewer employees. The bill would also excludes any other business which the FTC determines: (1) knows all its customers or clients individually; (2) only performs services in or around the residences of its customers; or (3) has not experienced incidents of identity theft, and identity theft is rare for businesses of that type.

With only three days left before November 1 -- the date the FTC will begin enforcement -- whether or not your firm will be affected is still an open question.

Red Flags Rule reprise

2009-10-26T10:13:00.000-04:00

In case you have forgotten about theFTC's Red Flags Rule (we haven't). In the summer, the FTC delayed enforcement of the rule until 11/1/09. Mark your calendars, the date is coming up...

NYCLA's Ethics Hotline

2009-10-10T11:31:00.000-04:00

I a volunteered to staff NYCLA's Ethics Hotline in August. I was surprised to have received several calls during my volunteer tenure. Many lawyers have serious professional practice questions that need answers so I applaud the Ethics Committee for the hotline resource. The first step for everyone facing an ethical dilemma is to review the rules; they are accessible on the web and deal (at least broadly) with most issues that came up in my volunteer weeks.

I wish I could tell you more, but the hotline q&a and the committee discussions are confidential. So, if you want to learn more, you will just have to volunteer yourself.

Is the recession finally over? Some say Yes!

2009-09-27T10:01:00.003-04:00

PricewaterhouseCoopers says the worst of the recession is over for law firms. Is it over for you too? Let us know by voting on our survey.

Read the complete article about the PricewaterhouseCoopers survey at: http://www.abajournal.com/news/survey_says_worst_of_recession_is_over_for_law_firms/

NYCLA's Mentoring Program

2009-09-22T10:29:00.002-04:00

The overwhelming number of voters in the latest poll are interested in participating in NYCLA's pilot mentoring program. We at the Task Force on Professionalism are very excited about this program.

NYCLA’s Task Force on Professionalism conducted a study on ways legal proficiency and professionalism can be improved. Interviews and focus groups were held at large, mid-size and small firms. A key theme that emerged from the interviews and focus groups was the need for mentoring of young attorneys as the best way to increase professionalism among lawyers and increase their professional satisfaction. To that end, the Task Force and NYCLA’s CLE Institute has developed a Pilot Mentoring Program. To learn more about the program and apply, follow this link: http://www.nycla.org/index.cfm?section=CLE&page=NYCLA%20Pilot%20Mentoring%20Program

Changes in store for the legal profession--your predictions?

2009-08-25T20:26:00.008-04:00

We know changes to the legal profession are coming: generated by dissatisfaction with the old practice model of billables and face time--lawyers want more personal time and time to raise families, and a realistic economy--companies have become more conscious of the costs of legal counsel. The topic gets interesting when you think about what form these changes will take: will it be a minor move to more flex-time, or an earth shattering overhaul (see http://taskforceonprofessionalism.blogspot.com/2009/05/id-like-reply-memo-in-size-8-please.html). A recent article in the ABA journal discussed one practitioner's characterization of proposed changes as "insipid" and hindered by pesky ethics rules. Read more at:
http://www.abajournal.com/news/most_law_firm_reform_ideas_are_insipid_and_inadequate_consultant_says/

Grab bag of a post

2009-08-07T10:15:00.007-04:00

I won't go as far as to say that I lost all control and discipline (blame summer), but I can't deny a noticeable lag in posts. I hope to rectify that short-lived lapse with this mixed bag of a post and more regular follow-ups.

First, Congratulations Justice (as of tomorrow's swearing in) SOTOMAYOR.

Second, unsurprisingly, the overwhelming majority of voters in our Red Flags survey did not welcome the government regulation of their firms. For a fuller discussion of the issue follow this link: http://www.nycla.org/siteFiles/Publications/Publications1269_0.pdf

Third, (trend watch) as more and more firms trim or eliminate their summer classes, I am wondering if this represents a seismic change in law firm practice to a more intimate, a pre-1980s, type of firm, or is this a short-lived, belt-tightening regimen just waiting to revert back to the gut-busting excess of 2000 (oh, those lunches of summer '00).

Before you go, vote on the new survey; it's a premonition of sorts.

More on the Red Flags Rule

2009-07-01T19:42:00.003-04:00

The Law Journal has recently picked up on this very important issue. See Daniel Wise's article "FTC Rule on Identity Theft Draws Strong Criticism From Bar Groups" from July 01, 2009. He writes "The New York State Bar Association Monday became the latest bar group to protest new Federal Trade Commission rules requiring lawyers to become involved in preventing identity theft . . . . The state bar's objections follow those submitted last week by the American Bar Association and the New York County Lawyers' Association.

The article also mentions our blog (thanks, Daniel): "The New York County Lawyers' has set up a platform on its Web site . . . where its more than 10,000 lawyers [as well as other members of the legal community] can vote on whether they support or oppose the FTC rule." So, step up and vote, we want to hear from more of our 10,000 NYCLA members and from other members of the legal community who happen to be surfing the site.

Should the FTC regulate your firm?

2009-06-09T19:06:00.001-04:00

In order to combat identity theft, the Federal Trade Commission issued regulations requiring, inter alia, financial institutions and creditors to develop and implement "written identity theft programs," as part of the Fair and Accurate Credit Transactions Act of 2003. In April 2009, the FTC informed the American Bar Association that it intends to require lawyers and law firms to abide by the rules because lawyers and law firms fall into the category of creditors under the law.

The "written identity theft programs" must provide for the identification, detection, and response to patterns, practices or specific activities that could indicate identity theft. The programs must describe responses that a firm would undertake to mitigate or prevent identity theft, and require management by senior employees of the firm.

Compliance with the FTC rules would undoubtedly be burdensome in time and expense for the legal community. In addition, the FTC rules threatens the autonomy of the legal profession, which is the only service provider that remains self-regulated and nearly free from federal oversight. But perhaps compliance with the FTC rules is a fair price for firms to pay to ensure the safety of their client's identity (bearing in mind that there have been no reported instances of identity theft arising from providing legal services).

In less than two months the Federal Trade Commission's "Red Flags Rule" will go into effect, which may mean yet more regulation of your law firm. NYCLA wants to know your opinion as to whether or not to endorse the "Red Flags Rule" regulations and get your views on a course of action to address the issue.

Please leave your comment by clicking the "Comment" link below.

Good bye lunch expense account

2009-06-07T21:43:00.004-04:00

Our last survey tried gauge how the economy is affecting one of the perks of large law firms--the summer associate lunch. It appears the belt-tightening continues at most big firms even though many (at least those with strong litigation practices) assert that their business is healthy. Well, not healthy enough to reinstate last year's summer lunch policy. Seventy-seven percent of our voters say that their firms imposed sever cut backs to their firms summer lunch policy. The rest of the voters were split between (1) new spending limits, or (2) no change at all.

We will have to see if this is an overall change in the culture of recruitment at big law or if it is merely a anomaly formed from caution and fear.

I'd Like a Reply Memo in a Size 8, Please

2009-05-05T19:27:00.001-04:00

For those of you who dream of an idyllic world without billables think of private practice's extreme alternatives. Here is one example from the ABA: How Law Practice Will Become Like Off-the-Rack Suits. Read the complete article at:http://www.abajournal.com/news/how_law_practice_will_become_like_off-the-rack_suits/

The Fall of the Billable Hour Paradigm?

2009-05-03T16:17:00.005-04:00

You have voted on the future of the billable hour: most of you want to do away with the billable hour by focussing on alternatives (62%); many of you continue believe in the utility of the billable hour and want the profession to stick with it (25%); and only a small minority despise the billable hour enough to want to "kill it" (12%).

Don't forget to vote on our new survey on the right side of the screen -- has your firm's summer lunch policy changed?

Mentoring Back on the Agenda

2009-04-19T21:11:00.000-04:00

Rumor has it that the NYCLA Task Force on Professionalism is in the early stages of developing a mentoring program. The Task Force's efforts have identified a serious need for mentoring to advance professionalism and satisfaction among lawyers. We will keep you updated as we receive more information.

My Least Favorite Topic: Layoffs

2009-04-08T23:33:00.001-04:00

Below are links to two compelling articles that discuss very different aspects of the effects of the waves of lay-offs that we have been experiencing in our industry.

The first discusses lawyers (mostly young lawyers) who are "adrift" and "lost." In "Laid-off Lawyer's Find Themselves Adrift" from the National Law Journal, Leigh Jones highlights young, high-achievers who lost self esteem, hope, and direction after being laid-off at: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202428827679. The article ends in optimism and I hope anyone affected by these lay-offs is able to pull up their socks and find something new and better. NYCLA and other local bar associations are making special efforts to assist people who are laid-off. Those are the first places I would look into; they provide great resources.

The second article, from the ABA Journal, entitled "Layoff ‘Herd Mentality’ Ignores Greater Savings of Pay Cuts, Prof Says" discusses how firms may have other options to stabilize their finances instead of lay-offs, but are not exploring those and instead are opting for what everyone else is doing. Hopefully, firms are not finding that lay-offs are easy fix of their balance because it has become an acceptable consequence of the recession. Read the complete article at:http://www.abajournal.com/news/layoff_herd_mentality_ignores_greater_savings_of_pay_cuts_prof_says/

Views on Outsourcing

2009-03-29T19:54:00.007-04:00

Because I mentioned it in an earlier post, I wanted to include a link to the recent ABA ethics committee opinion that affirms that lawyers may ethically outsource legal work to lawyers and nonlawyers in the United States and abroad, so long as they remain ultimately responsible for rendering competent services within the bounds of professional conduct, at: http://www.abanet.org/cpr/08-451.pdf.

According to our last survey, the readers of this blog are not as open to outsourcing as is the ABA.

Cutting the Cost of Discovery with Off-Site Document Review

2009-03-20T06:17:00.002-04:00

Our readers are not comfortable with the idea of off-site discovery, even though it is sanctioned by the ABA. An overwhelming majority of voters discourage the use of off-site reviewers -- 91%! This group voted against outsourcing for various reasons: most, 50% voted to "discourage it" because they did not trust the accuracy of off-shore reviewers; the other 41% voted to "discourage it" because they have confidentiality, document security concerns.

The remaining 9% of those surveyed said "encourage it" because it is a great way to save money on costly discovery.

I was surprised by the high number of people that voted against this (inevitable?) phenomenon. I am one of the believers that the practice of law is changing; we will have to wait and see if off-shore, off-site and other cost-efficient ways to alleviate discovery burdens (and beyond) become more prevalent in the days to come.

What's Your Plan B?

2009-03-13T19:59:00.001-04:00

This article was published a while ago, but it is worth a read. If you haven't read it yet or have, but haven't given it much thought. Take a look at it again, it is still just the beginning of the year. Do you feel secure enough that you will make it to end of 2009 without a Plan B?

http://amlawdaily.typepad.com/amlawdaily/2009/01/welcome-to-the-future-time-for-plan-b-in-2009.html

In Search of Pride in our Profession

2009-03-07T11:23:00.001-05:00

I would like to share a quote by Edmund Burke (political philosopher) that I recently read: "No other profession is more closely connected with actual life than the law. It concerns the highest of all temporal interests of man--property, reputation, the peace of families, the arbitrations and peace of nations, liberty, life even, and the very foundations of society."

When I fear I am turning into a monster of my profession, I am relieved to find inspiring words, like those from Mr. Burke, to remind me of why I worked hard to become a lawyer in the first place.

We Can't Get Enough Talk About Billables

2009-02-21T23:38:00.000-05:00

Click on the link below to read what the ABA has to say about the hottest topic the profession--alternatives to billables. http://www.abanet.org/media/youraba/200812/article03.html

Relying on Advice from Ethics Hotlines

2009-02-15T14:13:00.000-05:00

On an appeal form the imposition of sanctions against an attorney for frivolous and bad faith actions, the Court of Appeal of California, Third District in Wallis v. PHL Assoc., considered the applicability of an opinion the attorney received from the State Bar ethics hotline. The atorney argued that the call demonstrated her good faith. The court rejected the reliance because (1) the lawyer did not disuss with the person at the hotline her duties with repect to the protective order and (2) "self-serving evidence of what was said in a confidential conversation with a persson at the ethics hotline is unconvincing." In any case, the court said, the call to the hotline was "weak" evidence of good faith since the eicis hotline is a "confidenial reserch service" and "not a source of legal advice."

Bye Bye Billables, reprise

2009-02-12T23:25:00.001-05:00

Even the New York Times weighs in on the dialogue concerning the death of billables in Billable Hours Giving Ground at Law Firms By Jonathan D. Glatner, which you can find here: http://www.nytimes.com/2009/01/30/business/30hours.html?emc=eta1

The Final Chapter - The Defintion

2009-02-08T20:05:00.001-05:00

If you recall how this blog was started, we were trying to finesse the definition of professionalism that was formulated by the Task Force. That definition can be found if you scroll to the very, very bottom of this blog, that sort of mass of writing that looks as though it is being transcribed to Moses or is narrating part of a story at the beginning of a Star Wars movie. The final paragraph states:

"Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society."

Beyond the duty to clients, we generally focus on our ethical responsibilities but not to the extent of improving the profession by increasing the availability of legal services. Do you agree with this responsibility as stated in the draft definition?

Sad Day -- Unprofessionalism Extreme

2009-02-03T09:19:00.002-05:00

Very unfortunate story last month in the Law Journal by Vesselin Mitev entitled "Attorney Charged With Stealing Millions From Guardian Accounts"

You can view the article here:http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202427822798

Are we moving to a flat-fee system?

2009-01-14T21:27:00.007-05:00

Our latest survey results correspond to the latest trends concerning the way we lawyers charge our clients. Forty-six percent of those surveyed bill clients in ways other than the billable hour. Other lawyers who charge some flat, contingent or success fees comprise another 5% of those surveyed. But hourly billables are not dead for our survey-takes. Thirty-four percent of those surveyed are still charging an hourly billable rate 100% of the time.

News you can use

2008-12-18T19:19:00.002-05:00

"Chief Judge Judith S. Kaye and the four presiding Appellate Division justices have formally adopted a new set of attorney ethics rules that proponents say brings New York lawyers in line with their counterparts in most of the rest of the country.

The Rules of Professional Conduct align ethics standards in form and numbering sequence with the American Bar Association's Model Rules of Professional Conduct. That change will make it easier for New York attorneys to reference ethics rules and advisory and legal opinions nationwide when researching issues, supporters of the new rules say."

To read more, look for: Joel Stashenko's December 17, 2008 article entitled "New Lawyer Conduct Rules Adopted; Standards Aligned With ABA Model" in the New York Law Journal.

A definition of professionalism

2008-12-11T18:31:00.001-05:00

I came across another interesting quote in my horribly organized electronic notes that I would like to share; it may be attributed to Lippe the AmLaw optimist or it may have come from an earlier commenter:

Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

Food for thought; if you have any comments or know the source, let me know.

Job (in)security

2008-12-07T17:15:00.008-05:00

When surveyed whether they feared that they may lose their job during the recession, our readers responded somewhat anxious with 50% of our lawyer-voters worried that they may lose their jobs in this recession economy. But, that percentage is probably much lower than the national average (if anyone knows those numbers, I would love to know), 49% of you are feeling pretty confident in the stability of your positions--I call that keeping a stiff upper lip. And of course, there will always be a small percentage of error for those who head is in the clouds and continue to ask the question: what recession?

Will billables go bye bye?

2008-11-25T23:14:00.000-05:00

I am sure many of you read Jonathan D. Glatners article in the New York Times on November 12, 2008, entitled "Law Firms Feel Strain of Layoffs and Cutbacks": http://www.nytimes.com/2008/11/12/business/12law.html?emc=eta1

The most compelling passage to me had to do with the demise of the billable hour, which is a buzzing topic in the legal press of late:

"A survey of about 600 corporate executives by Acritas, a London-based research firm, found that 32 percent expected billing practices to change over the next two years.
'Rather than having hourly rates, we are increasingly negotiating flat fees or fixed fees, or success fees,' which include a premium based on predetermined conditions, said Ivan K. Fong, chief legal officer and secretary at Cardinal Health in Dublin, Ohio, and chairman of the Association of Corporate Counsel. Some law firms have resisted those changes, he continued, but may find they have to accept clients’ wishes.'"

So do you think the billables will die? and how soon from now . . . .

A word from our readers

2008-11-19T22:58:00.000-05:00

I received this comment a few months back and I want to share it because the reader brought up some good points:

It's important to step into the shoes of most persons who are not lawyers: I understand this from many phone calls to me as a government lawyer. Most persons want access to justice, but cannot afford the fees charged by private sector lawyers; most persons find the entire legal system to be irrational--i.e., the World Trade Center litigation. Let's have outreach to the public, and re-examine the adversarial nature of the law in a context where ADR is rational. I really don't think that the responses you receive mean much to the public, who are the source of what is deemed "professionalism", as applied to lawyers. When we write, we write for the reader: this blog has to be for the reader--the public, who are not lawyers.

I can't decide my position on this statement "the public, who are the source of what is deemed 'professionalism'" but I am leaning toward disagreeing. And if anyone is reading this humble blog they are in all likelihood an attorney. So are we doing nothing to forward our cause here?

An optimist's look into the future

2008-11-15T12:24:00.000-05:00

I have been following Paul Lippe's columns entitled "Welcome to the Future" in AmLaw:

I’m an optimist. I believe the post-boom world will recapture the best qualities of the legal profession, the reasons we went to law school and became lawyers in the first place. I predict that over the next few years there will be positive change for those prepared to embrace and promote it.

I am an optimist too. Or am I just a jaded, post-optimist? This short quote is all I have left in my electronic notes and I don't recall what is the "positive change" he forebodes lawyers to "embrace." Any suggestions, whether or not you have read the article, are welcome. Or if you want to share what you think are "the best qualities of the legal profession" or even why you "went to law school" I would love to know.

Congratulations Barack Obama!

2008-11-06T10:00:00.009-05:00

Now the election is out of the way and the fun begins to see how the brilliant campaigner assembles brilliant minds to work through, slog through the problems facing our nation. I am glad Obama (like me--see my earlier post) is thinking of Lincoln at this time in our nation's history: “We are not enemies, but friends — though passion may have strained it must not break our bonds of affection.”

Good Luck Mr. President-elect!

p.s. nice concession speech from McCain too; alluding that we can all work together. (A very smart seven-year old even asked me whether there might be a place for McCain in an Obama cabinet; I explained why it was not likely).

p.s.s. and thanks to new readers for participating in the polls. This is the end of the political side of this blogger, next post -- back to PROFESSIONALISM

Election Day

2008-11-02T21:40:00.006-05:00

I am looking forward to voting. I hope you are too.

I recently read Abraham Lincoln's Second Inaugural Address for the first time. I was so impressed at how poignant a 143-year old speech can still sound:

"With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may acheive and cherish a just, and a lasting peace, among ourselves, and with all nations."

That was the final paragraph of the Address. The entire speech was only 4 paragraphs long. I love when someone says so much in so few words. A true American genius and a mentor to make all lawyers proud of their profession.

How your firm feels about bar associations

2008-10-26T19:51:00.002-04:00

The results are a surprising 50/50 in our latest survey. 50% of our readers work for law firms that encourage partcipation in bar associations -- all of those work for firm that allow time for bar meetings and encourage leadership roles; the other 50% work for law firms that don't -- within that group 17% of those surveyed said their firm impliedly discourages participation. That's an unfortuate statistic.

Musings on the R word

2008-10-10T14:15:00.008-04:00

This Autumn has been full of unfortunate falls. We have yet to see if professionalism in the law will expand or contract, and if lawyers will be viewed more positively or negatively during these times of the R word.

But even closer to home, we are all asking ourselves: Was the boom in financials directly related to the boom in law firms? (oh yes, those of you in denial, that was a boom) In New York and probably everywhere else in the country you have to say yes. How is the bust going to affect us lawyers, or me associate/counsel/junior partner/partner? I think we have already seen some of the effects.

Don't hold your collective breaths because there is inevitably more to come . . . .

When what you deserve and your sense of entitlement don't match

2008-09-29T10:33:00.003-04:00

Most of you have probably already seen this article from the law journal, but it is worth a late posting by me, even if for nothing more than to emphasize that greed often accompanies unprofessionalism and is plain ugly.
http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202424738820

Your thoughts on why we aren't liked

2008-09-19T09:31:00.007-04:00

Fifty (50%) of you voted that the cause of the public's perception that lawyers act with less than the utmost integrity is changes in the practice of law that are increasingly modelling corporate practice.

So, essentially you are saying that the public is right (the public, indeed in never wrong) and it is not mere perception; things have actually changed and it is only natural that attitudes would change too (unfortunately for the worse).

Well, let's hope that those changing practices do not lead to a meltdown in the legal world akin to what is going on in the financial world, because the chances for the government bailing us out would be even less likely . . . .

What is going on?

2008-09-10T11:32:00.004-04:00

There appears to be a lull in the discourse of professionalism these last couple of weeks. Is it because with the arrival of new associates everyone is on their best behavior? Or is it because summer is over and everyone is concentrating on back to billing?

Take a minute out to comment and let me know. I hate to be in the dark.

Professional Responsibility --- everyone's doin' it

2008-08-21T16:01:00.016-04:00

Even those at the top of the integrity ladder need to check the righteousness of their rungs now and then, just look at the DOJ.

Attorney General Mukasey told the ABA House of Delegates on August 12 that "Professionalism is alive and well at the Justice Department today." (Did I detect an emphasis on the word today?) He was heartily applauded.

AG Mukasey was referring to Office of Inspector General and Office of Professional Responsibility joint reports that investigated DOJ hiring practices in and before 2007. The investigations demonstrated and the AG acknowledged that improper political considerations had been used in hiring immigration judges, AUSA hirings and prestigious legal internship programs, among a few other positions.

AG Mukasey then took the professional responsibility helm and let everyone know that much has changes including, inter alia, new hiring procedures and mandatory training. Now things have been righted and the AG assured the audience that "Politics must play no role either in the hiring of career employees or in the investigation and prosecution of cases." [more applause]

You can find a video of the speech at http://www.abavideonews.org/

Not Just For the Seasoned Set

2008-08-14T18:47:00.006-04:00

Here is an inspiring article from the National Law Journal that I am sharing with those of you who didn't catch it earlier:

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202423761253

Proof that lawyering is fun. You can't argue with a 98 year old. Enough said.

What New York Lawyers think of Mandatory Retirement - Reprise

2008-08-05T09:23:00.006-04:00

According to our survey results most New York lawyers are against mandatory retirement. A whopping eighty seven percent (87%!) of those surveyed both "young" and "older" attorneys (in fact, numerically, more young attorneys were in favor than older -- likely because we appear to have more participation here at the blog from younger attorneys -- so start clicking old fogies!) voted that mandatory retirement is unfair and should be eliminated.

Only twelve percent of those surveyed thought that mandatory retirement was fair and should be compulsory -- and 100% of those in favor of mandatory retirement are all young lawyers. Apparently no older lawyers who participated felt that mandatory retirement was fair. Surprised?

I wonder if the results would be the same if we surveyed folks whether firms' up and out policies are fair? But then again that is like apples and oranges, isn't it? or is it?

What do you think? Maybe we should make that a future survey? In the meantime, click the COMMENTS button and share your opinion.

Oh, and also cast your vote on the new survey: Why does the public prefer to castigate us rather than love us?

Observations on the topic of professionalism

2008-07-23T16:20:00.011-04:00

I read a great article the other day; following is one of the many choice quotes:

"Lawyers in top management positions sometimes seem befuddled, if not irritated, when professionalism is mentioned at all. At times it is dismissed as an antiquated notion out of the annals of nineteenth century fin de siecle novels. Even if acknowleged, it seems at times to get pawned off on half-baked programs devoted to such flinty notions as 'mentoring' or 'inns of court' or special committees on 'collegiality' and law firm life, things to add to the practice of law, not integral to it."

credit for the quote goes to Robert E. Shapiro, Advance Sheet, Litigation, Vol. 34 No. 2 (Winter 2008).

What do YOU think? agree or not?
let the law world know by hitting the Comments button. . . .

What New York lawyers think of Mandatory Retirement

2008-07-11T19:30:00.007-04:00

The most recent and comprehensive survey I found (a national survey reported in an Oklahoma City journal) in my simple web search shows that attorneys are not in favor of mandatory retirement. Cut and paste the link below to see what I am referring to:

http://findarticles.com/p/articles/mi_qn4182/is_20071012/ai_n21047269

If you think otherwise or can find better or more recent survey results, especially highlighting views of New Yorkers, click on "Comments" below to let me know.

In any event, vote in our survey (to the right of this post) so we can compile our our own results of what New York attorneys think of mandatory retirement.

We Need Mentors!

2008-07-08T09:16:00.005-04:00

One hundred percent (100%) of the people who responded to our last survey "Would you like to be a mentor or mentee in a nycla-sponsored mentorship program?" responded that they could use the assistance of a mentor. That tells me two things: (1) most of the people who are reading this blog (or at least voting in the survey) are in the earlier stages of their career; and (2) those attorneys need to talk to people with more experience than themselves to help them navigate their way to their career goals.

We would like to hear from more seasoned attorneys to get a mix in the dialogue so I am dedicating the next survey to a topic that is likely close to the hearts of those who have been practicing for more than 10 years (and in some cases, a lot more): Mandatory retirement.

Don't forget to cast your vote and to click on the "COMMENTS" link below to comment, give your opinion or any ideas for future surveys.

Comments on the Definition

2008-06-30T15:53:00.009-04:00

I received a recent comment:

"One thing maybe is that the ALLCAPS presentation of the definition makes it hard to read. Although it does give it that 'handed down from Moses' look . . . ." Well. Looking as though being handed down from Moses outweighs being hard to read--it will remain ALLCAPS!

For those of you who don't know what we are taking about, read the 266-word definition of professionalism at the bottom of the page and let me know if you too think it looks kinda cool (or if you don't have the time to read it all, just look at it and let me know).

Critique of the Definition -- Second paragraph

2008-06-06T09:40:00.010-04:00

(If you don't have the draft definition of professionalism fresh in your mind --and why not? -- scroll down to the bottom of the blog, I posted it there.)

Most of the second paragraph of the Definition of Professionalism is relatively uncontroversial, except the third sentence; we'll look at each in turn.

I agree that attorneys have the responsibility to develop their skills and practice diligently in applying those skills on behalf of their clients. We all know the law is evolving, developing one's skills doesn't end after practicing for 5, 10, even 45 years. Applying those skills with diligence is equally important because we are entrusted by our clients in issues of utmost importance that they are not able to handle on their own.

Now, on to the third sentence, I will keep it short- anyone want to comment on churning fees? Feel free to click the "Comments" link below.

Finally, what is left to say about zealous advocacy that you haven't already heard. I guess the last sentence is a reminder to temper it with knowing when to settle.
I complain that the definition is too long, but it does give me lots of fodder. Stay tuned for a critique of the third and final paragraph.

Mentoring - reprise

2008-05-15T09:48:00.005-04:00

I am taking a short detour from my exploration of the contours of the professionalism definition to a topic that we looked at earlier. (please don't fret, I will return to the definition shortly)

I would like to give my thoughts on a few questions that I received from an earlier mentoring post.

Question:
"I'd appreciate thoughts on how bar associations like NYCLA might help on the mentoring front. Would senior lawyers, including retired and semi-retired lawyers, be willing to participate? Is there a way that at least some CLE credit could be offered to both mentors and mentees for a well-structured program?"

Having retired/semi-retired lawyers in a formal mentoring program would be an amazing resource for young lawyers, for obvious reasons. I think it would be more difficult to get older lawyers on board. The benefits for older lawyers that I can think of: interest enriching the profession with their wisdom, and keeping up with the profession through a young blood, may not be enough to interest retiring lawyers, who might rather be playing golf or learning how to play the piano.

I would love to hear from older lawyers in particular who can think of reason why mentoring young attorneys is attractive to them.

CLE credits might be a way to attract more interest (though I am not sure how CLE credit programs are structured) and there definitely is professional development value in a mentoring program not only for the young attorneys, but also for older lawyers -- to keep them on their toes.

It is worth looking into. If anyone has any information in this regard, please pass it along to me.

Critique of the Definition -- Part I

2008-05-11T15:00:00.004-04:00

My first impression of the first paragraph is that it sounds elitist and is likely to put people off.

And disingenuous . . . If I were to ask a random group of people which profession consists of "a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensable in a democratic nation . . . ." I can assure you not one will say lawyer. sad, but oh so true.

The public servant concept can be looked at more broadly though; in that way the definition is more palatable to me. It is true that as lawyers we are performing a public service whether we assist an indigent inmate in litigating against the city for improvements during his incarceration, and equally a public service when we assist a billionaire find a loop hole in the contract in which she would rather not continue complying with -- in both examples we are assisting members of society with their everyday goals in a way they couldn't do by themselves, without our assistance and specialization.

(However, thinking of that last example I recall the documentary "Corporation" in which the film places the entire blame of overblown, over powerful corporations on lawyers who set out to use those organizations to enrich themselves and their practices. I thought the historical representation was simplistic, naive, narrow, overstated yes, but we shouldn't err on own by overstating our profession as a "learned art").

I wasn't around for the meeting when the definition was finalized and the snippets were taken from various sources. Was lawyering once upon a time referred to as a "learned art"? Who said that?

Finally, I can't really find fault with the last line: as attorneys we owe "an obligation of dignity, integrity, self-respect and respect for others" but in my view we owe those to each other as human beings, not just as attorneys.

Second paragraph next time . . .

I'm Putting My Money Where My Mouth Is (so to speak) -- Intro

2008-05-07T07:00:00.006-04:00

I asked that you take a look at the definition of professionalism and let me know what you think. But, that really wasn't fair and 2 questions come to mind: (1) for a discussion on professionalism why should you be analyzing a definition; and (2) why don't I do it myself.

In regards to question 1, the Task Force likes to use the definition as a starting point for discussion. Not so sexy true, but it is packed with assumptions and value judgments that not everyone agrees with. On the other side of the coin, even though the definition is pretty long, many people bring up important aspects of the profession that the definition has failed to cover. Those opinions often make for a lively start-off to discussions among attorneys.

As for question 2, for the next three posts I will be looking, paragraph by paragraph, at the definition and will let you know what I think. As a teaser, I will let you know right off the bat that I think the definition is too long. With that said, below if the first paragraph of the definition; it is what I will be thinking about for the next couple of days:

By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensable in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies an obligation of dignity, integrity, self-respect and respect for others.
. . .

to be continued . . .

Take a Look at the Definition of Professionalism

2008-05-04T21:13:00.003-04:00

The Task Force on Professionalism has come up with a working definition of "Professionalism" that I have included on to this blog, at the very bottom on the page. We have asked around for some input on the definition and have received some comments so far, such as: 'pro bono has no place as a requirement in the definition' and 'doesn't address interaction among lawyers.'

Granted as a definition it is long (complete with disclaimers), but if you would take the time to read the definition and give us any comments that you may have, for instance, what you would change or add, we would love to hear from you.

Thanks and regards,