As the dialogue about overcoming implicit bias and workplace inequity gets louder in other industries, I’m taking a closer look at the state of unconscious bias in the legal industry to better understand how we can eliminate these biases in our profession. Joining me for this conversation is Erin Gerstenzang, Atlanta criminal defense attorney and advocate for the advancement of women in the law. Erin and I explore how unconscious bias presents itself in law firms and other workplace settings and...
Jan 15, 2019•39 min•Ep. 44
Do you ever think about your competition? As much as we'd all like to think we're not interested in checking out the competition, we can’t help but wonder if someone else in a similar space as us might be coming for our clients and market share. That’s normal. In this episode, I share my thoughts on what you can be doing to better handle a competitor who might affect your business in some way. What I Share in This Episode: why you should just keep doing what you’re doing Don’t change your strate...
Jan 08, 2019•21 min•Ep. 43
As your firm grows and expands, what type of ethics issues might you encounter during this time of change? From effective waivers during mergers to managing client relationships, my guest Jessica Beckwith joins me to share her insight on how solo and small firms can grow and expand ethically. Jessica is a partner in the Los Angeles and Phoenix offices of Lewis Brisbois and a member of the Real Estate & Environmental Practice as well as the Professional Liability Practice. Her practice is foc...
Jan 01, 2019•36 min•Ep. 42
As the year winds down, it’s common for many us lawyers to look back on the year and feel discouraged by all that we thought we would accomplish but didn’t. While it’s important to focus on what you did accomplish, admittedly, it can be overwhelming to reflect on all that is left to do. In this episode, I get a little personal and share how I was able to overcome some of the obstacles I encountered this year when it came to completing tasks. What I Share in this Episode: How you can best keep tr...
Dec 19, 2018•22 min•Ep. 41
Although it is relatively new, the cannabis industry is already seeing a boom in startups and businesses looking to capitalize on this new-found legalization (in certain states). With this growth comes a wave of lawyers looking to build name recognition in this niche practice area. In order to grow a successful cannabis law practice, it’s important to understand the legal and ethical issues associated with practicing cannabis law. Joining me to share his experience and insight as a cannabis lawy...
Dec 11, 2018•35 min•Ep. 40
As 2018 comes to a close, I thought it would be fun and useful to discuss some things you can be doing right now to end the year on a high note and best prepare yourself and your law practice for the new year. Some things to do at the end of the year: Review your state’s ethics rules Check your local major bar association's opinions or articles regarding new state ethics rules and proposed opinions Pay attention to even the smallest of changes in the ethics rules because they could have a profou...
Dec 04, 2018•18 min•Ep. 39
Following 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 she help...
Nov 20, 2018•34 min•Ep. 38
For 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 client is...
Nov 13, 2018•38 min•Ep. 37
When 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 lawyers to as...
Nov 06, 2018•24 min•Ep. 36
They 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 in th...
Oct 30, 2018•20 min•Ep. 35
For 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 Levine, a C...
Oct 23, 2018•38 min•Ep. 34
Just 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 the ethics ru...
Oct 16, 2018•43 min•Ep. 33
ABA 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 interse...
Oct 09, 2018•48 min•Ep. 32
Lawyers 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 will alm...
Oct 02, 2018•20 min•Ep. 31
No 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 the cl...
Sep 25, 2018•28 min•Ep. 30
Social 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 Episod...
Sep 18, 2018•18 min•Ep. 29
Kenneth 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 Shares in...
Sep 11, 2018•1 hr 17 min•Ep. 28
If 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 irritating the p...
Sep 04, 2018•24 min•Ep. 27
You’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 tasks ...
Aug 28, 2018•49 min•Ep. 26
Many 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 Katherine...
Aug 21, 2018•41 min•Ep. 25
We’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 and ho...
Aug 14, 2018•24 min•Ep. 24
Completing 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 events offerin...
Jul 31, 2018•15 min•Ep. 23
For 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 Episode: Why ...
Jul 24, 2018•51 min•Ep. 22
Content 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 marketing pla...
Jul 17, 2018•53 min•Ep. 21
Whether 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 what you be...
Jul 03, 2018•24 min•Ep. 20
If 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 it’s im...
Jun 19, 2018•14 min•Ep. 19
The 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 Project...
Jun 12, 2018•28 min•Ep. 18
I’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 law pr...
Jun 05, 2018•45 min•Ep. 17
There 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 national l...
May 29, 2018•1 hr 1 min•Ep. 16
It’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 in their pr...
May 22, 2018•16 min•Ep. 15
