The UPL exceptions proposed by California's task force seem to be stirring up a lot of anxiety amongst lawyers. In this episode, Megan breaks down the actual proposals and encourages public comment on each of them. Allowing more players in the legal services game is not half as scary as reactionary comments on social media would lead us to believe. In this episode Megan discusses proposals to modify Rule 5.4. Resources Mentioned: Podcast discussing Essentialism Clio Cloud Conference - use code Z...
Aug 20, 2019•21 min•Ep. 74
If you think that the laws we study in law school, from cases to statutes to regulations, are free, think again. Copyright claims over the laws governing our country stymie access and innovation. Ed Walters, CEO of Fastcase, joins Megan to dive into this issue and the upcoming Supreme Court case that may change it. Highlights include: - Ed's teaching of the law of robots - Historical perspective of the fight to make law public - Impact of law not being public - Current events at the US Supreme C...
Aug 13, 2019•39 min•Ep. 73
The UPL exceptions proposed by California's task force seem to be stirring up a lot of anxiety amongst lawyers. In this episode, Megan breaks down the actual proposals and encourages public comment on each of them. Allowing more players in the legal services game is not half as scary as reactionary comments on social media would lead us to believe. In this episode Megan discusses proposals 2.0 through 2.6. Resources Mentioned: Main public comment page Infographic Summary memo Full agenda with mo...
Aug 06, 2019•32 min•Ep. 72
Legal coaching, or limited scope representation, can address a tremendous need for participants in the justice system to get access to information not otherwise available to them. In this episode, criminal defense attorney and legal coach Jennifer Gerstenzang talks with Megan about her coaching practice. Highlights include: - How legal coaching bridges the gap for criminal defendants awaiting assignment to public defenders, allowing them to prepare for their first court date in a way otherwise r...
Jul 30, 2019•42 min•Ep. 71
Non-lawyer ownership of organizations providing legal services is a broad topic encompassing solos sharing their operating accounts with their spouses all the way to publicly traded law firms. As California considers rule changes that would allow non-lawyer ownership, this episode explores what non-lawyer ownership may look like, common arguments in support of the ban, thoughts on whether the ban actually protects against the supposed risks of non-lawyer ownership, and the California proposals t...
Jul 23, 2019•27 min•Ep. 70
So often lawyers are afraid to try something new (or new to them), and they often cite the ethics rules as one of the reasons they cannot do whatever it is. After reading Seth Godin's recent blog post Fear of Kohlrabi , Jess Birken and Megan got into a discussion of what really hinders lawyers' ability to try new things. Megan and Jess cover a wide range of topics on this episode, all related to how lawyers allow themselves to be held back by fear. Listen in for topics including: - False blaming...
Jul 16, 2019•29 min•Ep. 69
As California's Task Force on Access Through Innovation of Legal Services makes its recommendations and the Board of Trustees puts them out for public comment, the country is watching closely. Every lawyers, member of the public, and consumer of legal services (i.e., everyone) needs to pay attention. Today's episode gives an overview of the proposals and calls for widespread public comment. Proposed regulatory changes include: - Abolishing Rule 5.4 fee sharing prohibition - Loosening Rule 5.4 an...
Jul 09, 2019•25 min•Ep. 68
While we all wait for the ethics rules to change and open up avenues of innovation such as non-lawyer ownership in law firms, there are lawyers grabbing the bull by the horns and changing how they practice despite the confines of the ethics rules. These lawyers are offering subscription legal services, virtual multi-state practices, concierge wills and trusts service through virtual portals, empowering self-represented litigants, and more. On this episode, Megan and her guest Erin Gerstenzang wi...
Jul 02, 2019•21 min•Ep. 67
We talk a lot about lawyer wellness, including getting out of the office and disconnecting from professional life, but we can address wellness issues from inside the office too. In this episode, we explore ideas for nourishing your professional soul. - Mentor and be mentored ( check out Megan's article in Bar Association of San Francisco's Bulletin ) - Work on the business of your firm - Teach - Serve on non-profit boards Share your ideas for how to nourish your professional soul. Thanks for lis...
Jun 25, 2019•28 min•Ep. 66
Lawyers are terrible at customer service. Many bar complaints could be prevented with far better client service. We have all experienced amazing service at other businesses -- five star restaurants or hotels, local businesses that deeply care about the customer, and others. Today's guest John Strohmeyer -- estate planning and international tax lawyer -- shares with listeners his experiences at the Four Seasons and how they can apply to lawyers. John and Megan talk about: - John's experience at t...
Jun 18, 2019•41 min•Ep. 65
Lots of questions from listeners pop up again and again. This episode, we tackle some of those frequent questions. Among them: - How do I report my IOLTA to the State Bar? - Must I continue representing someone who complained about me to the Bar? - Is failing to perform with competence the same as being incompetent? - How do I withdraw cash from my IOTLA? (Hint - you don't!) - How does timing work on my moral character application? I also highlight some news on fee agreements in California. Here...
Jun 11, 2019•23 min•Ep. 64
Erin Gerstenzang and Megan presented a workshop on Women Mentoring Women at the Tennessee Lawyers Association for Women Empowerment Conference in March 2019. On this episode, Megan and Erin talk about women mentoring each other, why it's critical that we stand up and help each other, how women mentor differently than men, and what specifically we can be doing to work together. This workshop is one Erin and Megan are taking on the road, so be sure to check out their speaker pages ( Megan's Speake...
Jun 04, 2019•31 min•Ep. 63
Lawyers are well-known for not paying enough attention to our mental health and ultimately getting ourselves in trouble as a result. But all the talk about taking care of ourselves can sometimes seem like noise and we don’t actually accomplish doing anything any better. How do we make self-care as routine as brushing our teeth? In this episode, Megan offers up some suggestions beyond yoga and meditation. Some outside-the-box mental health tips: 1) Do something that sounds crazy to you 2) Meditat...
May 28, 2019•20 min•Ep. 62
Being a lawyer is a complex and strenuous profession and throwing forensics into the equation creates an entirely new concept to master. Lawyer-Scientist is a new title and only 69 people in the US currently hold that designation, and Lisa Gonzalez is one of them. Lisa specifically has a focus on forensics within the practice of criminal law and is a member of the American Chemical Association. Lisa has incorporated her specialized knowledge of science into her law practice. In this episode, she...
May 21, 2019•35 min•Ep. 61
Being on probation with the State Bar can be more complex and significant than you might anticipate. When you are on probation, even the most unintentional or seemingly trivial mistake can lead to monumental consequences. In today’s episode, Ethics Attorney, Megan Zavieh shares exactly what you need to know to make it through the probation process in a clean and efficient manner, so that you can restore your standing without further repercussions. While the California Bar is the example the info...
May 14, 2019•26 min•Ep. 60
Did you know that potential clients are judging you based on what others are saying about you online? In this episode, we listen in on ABA TECHSHOW 2019 where Megan presented with Jordan Schuetzle Director, Proposition Strategy & Market Development Lead at Thomson Reuters. Jordan consults with lawyers and speaks at larger events on how to manage your reputation online. Jordan points out that much of the content about us online is content that we did not write or have any input on, so you hav...
May 07, 2019•1 hr 2 min•Ep. 59
A struggle for all law practices is getting paid. Even when you think you have a clear fee agreement, without effective communication and ease of payment, you may well find yourself with mounting receivables. Today Megan Zavieh shares tactics to help you avoid those “I’ll pay you when’s…” and how to maintain a stress-free relationship with your clients. To learn more about making payments easy for your clients, tune into this episode of Lawyers Gone Ethical. Show Highlights: Collecting receivabl...
Apr 30, 2019•24 min•Ep. 58
Social media is a necessary part of doing business in the digital age. As a lawyer, it’s important to be personable, likable, and professional on social media, but how exactly does one do that? In this episode, two well-informed and experienced attorneys discuss how to utilize social media and use it as a tool to connect your community and become the authority in your niche. They also cover the why, the what, and the how of avoiding common mistakes. To learn more about how you can use social med...
Apr 23, 2019•1 hr 1 min•Ep. 57
When do we tell a client we made a mistake - whether big or small? Delivering bad news is not easy, so it helps to know how to handle these situations. Today, we discuss ABA opinions that deal with specific instances of the disclosure. Sometimes we overestimate the requirements on what needs to actually be shared. so today you’ll learn what to disclose to be in full compliance. Tune in and discover the two 2018 ABA opinions that need to be at the forefront of our minds. Show Highlights: Go back ...
Apr 16, 2019•37 min•Ep. 56
The importance of community and supporting each other as we build our practices can’t be overstated. Understanding that you are not alone as you build your practice is absolutely empowering. It can lead to the lightbulb moment that can be the catalyst for tremendous growth in your practice. Today, we will be talking with 2 of the 5 co-authors of a new book called Tiger Tactics: Powerful Strategies for Winning Law Firms. We will hear from Billie Tarascio, owner of both Modern Law (a family law fi...
Apr 09, 2019•37 min•Ep. 55
Have you ever sent in an application and had no idea what the processing time of it being completed would be? The moral character application is very important and it is best if you have questions to just ask advice on it. We have examined this topic before and will be bringing it up again since there has been a lot of consultations about the moral character application. Tune in and discover how knowing the process can help relieve the anxiety of the application and actual issues that arise. Sho...
Apr 02, 2019•31 min•Ep. 54
Do you take time to work on your own wellness? Wellness has gotten a lot more attention in recent years within our profession, which is good. Wellness activities can be group runs, yoga classes, and maybe even workshop sessions talking about wellness. Jennifer Longtin is a criminal defense attorney in Denver Colorado that specializes in mental health-related criminal defense. She owns a firm called JLongtin Law, and her practice tries to address community issues and access to justice, as well as...
Mar 26, 2019•30 min•Ep. 53
Have you felt the pressure to take on a client that you knew might not be a good fit for you? There are many consequences if you take on these clients because of the pressure to pay the bills. Today we will learn how to avoid clients that are maybe just not the best ones for your practice. If there are red flags that come up as you are bringing clients into the firm, then it is time to take action. It is easier to turn them away at the beginning than it is to terminate the relationship down the ...
Mar 19, 2019•29 min
Have you seen something on social media lately that makes you angry or makes you want to help? Today we hear how social media can be one of the most effective ways to solve a crisis. Not only is our guest great at his career, he is using social media strategies that not everyone makes use of. Greg Siskind, is an Immigration Lawyer who has learned how to utilize social media to help his own practice and his clients too. On Episode 16, Wayne Pollock was our guest and he strategized utilizing the m...
Mar 12, 2019•44 min
Technology is pulling lawyers and law practices into the modern age but how can you, as a lawyer and business owner, use technology to improve your practice management while remaining compliant with the ethics rules? Along with using technology, how can you apply project management concepts to improve your business? I’m joined by John Grant, Founder of the Agile Attorney network. John works with lawyers and legal teams, acting as an outside COO to help them uncover new ways of practicing law. Wh...
Feb 26, 2019•1 hr 3 min•Ep. 50
On Today’s episode, we will discuss representing yourself, and how it can be the only feasible option for some lawyers. Our host Megan does not think self-representation is such a terrible idea. Tune in today and hear why it can be a good idea to represent yourself. Show Highlights: Everyone’s experience representing themselves is different The balance between personal life and work Why it is not always such a terrible idea to represent yourself Things you still need to do when you are represent...
Feb 19, 2019•28 min•Ep. 49
On today’s episode, we will discuss Trust Accounts, Interest on Lawyers Trust Accounts (IOLTA). We are is finding there are a lot of questions about IOLTAs, and that there are many attorneys that could benefit from best practices for them. Join us today as we discover what you should know about IOLTA’s and some safeguards to help deal with the banking industry. Show Highlights: What an IOLTA is and a distinction on them Best practices for IOLTA’s: 1. First off read your rules for all states you ...
Feb 12, 2019•35 min•Ep. 48
We’ve all heard tales of the horror stories from attorney-client relationships that have gone horribly wrong. Regardless of who is right and who is wrong, both parties suffer when this happens. With a few simple guidelines and a few hours of your time, you can implement a process that will help you and your clients have a successful relationship! Today’s topic will focus on how a couple hours each year, you should reevaluate your fee agreements, which are also known as client engagement letters ...
Feb 05, 2019•32 min•Ep. 47
With increased competition from other lawyers as well as legal companies, the legal client nowadays has a lot of choices when it comes to hiring legal help. That’s why it is crucial for lawyers to recognize the importance of crafting a positive client experience that motivates the potential client to want to work with you (as opposed to just “have to” work with you). Joining me on the show today is Jess Birken. Through her innovative subscription services, Jess serves non-profit and art organiza...
Jan 29, 2019•37 min•Ep. 46
I recorded this episode while I was in the middle of a trial. I noticed that while we cover a lot of ethics-related topics on this show, all of the topics, like self-care and crossing ethical boundaries, become extremely apparent when you’re in trial. That’s why I’m sharing my insight on the good, the bad, and the ugly parts of trial and how you can get through them. What I Cover in This Episode: Civility in trial and how that is tested during trial The way that the attorneys behave during trial...
Jan 22, 2019•23 min•Ep. 45
