Earn up to 12 Hours MCLE Credit, including legal specialization, with your attendance at the full, two-day event.
REGISTER ONLINE HERE
September 14-15, 2018 | Sheraton San Diego Hotel & Marina
Registration & Hotel | Education | Events | Awards & Receptions | Sponsors
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Click here for all the Details!
15 — The Attorney-Client Contract: Balancing Ethics With Risk Management
Friday, September 14 — 2 p.m. – 3 p.m.
This program will highlight the reasons for having a solid, understandable attorney-client contract, including practical ways to create the documentation, and the processes to assure such best practices. The presentation will include an analysis of the fundamental reasons for having a good agreement in place, discussion of provisions required by law and those you should consider to include to protect you and your practice.
CLE: 1.0 Hour of Which 0.5 Hour Applies to Legal Ethics
43 — Analytics and Machine Learning in Pre-Litigation Discovery
Saturday, September 15 — 3:10 p.m. – 4:10 p.m.
Analytics, including artificial intelligence, can shorten the time and reduce the cost for early case assessments and internal investigations. Learn how these tools can effectively save your client money and get them the answer quickly about whether to pursue, settle or defend a potential case.
CLE: 1.0 Hour
47 — Technology and Contact Management: Collecting and Protecting Client Data
Saturday, September 15 — 4:20 p.m. – 5:20 p.m.
Attendees will learn essential information about collecting and protecting client data. Beginning with a discussion about online privacy, such as website privacy policies and web forms, this program will cover the ethical obligations attorneys owe to existing and potential clients. Attendees will learn how to use client relationship management (CRM) and case management software to manage client data. Panelists will discuss recent online scams and cyber-attacks, and attendees will come away with tangible ways they can protect against malware attacks, and how to build a response protocol when an attack is successful.
This has been an exciting year so far for the Law Practice Management and Technology Section. Aside from the administrative changes and the formation of the California Lawyers Association, we have been able to be involved in several in-person educational conferences. The first was in San Diego in the end of January. We put on a large 2-day conference in conjunction with the San Diego County Bar Association, covering topics such as e-discovery, using technology to be persuasive in trial, using social media for advertising, and practice management software tips. The event was such a success that we were immediately contacted by attendees from San Francisco and Orange County to co-sponsor legal technology seminars up and down the coast.
The second was in San Francisco at Golden Gate University School of Law on April 5, 2018. Topics included Diversity in Legal Tech with speakers from Lyft, Twitter, Square, and others. Other topics included what lawyers need know about block chain, cyber security, essential technology for launching a law firm for $100, and networking for new lawyers. Just like our live event in San Diego, this was GGU’s first legal tech summit. It was exciting and refreshing to see so many students and educators recognizing the importance of what our section stands for. Don’t get me wrong – a firm understanding of Judge Learned Hand’s B vs PL analysis from United States v. Carroll Towing and how it relates to standard of care in New York is important for all lawyers to study and memorize, but being able to navigate the pitfalls of opening a law practice that makes money and keeps you on the right side of the ethical fence is also important.
Next, in Orange County on April 21, 2018, we co-sponsored an event with the Orange County Bar Association for another all-day legal tech conference. This was a multi-track conference with a Law Track, a Tech Track, and a Paralegal Student Track. Programs focused on e-discovery, project management, and cyber security with 12 programs throughout the day. Several of those programs were recorded and are going to be available in our repository of online CLE.
We are in full swing planning mode for our upcoming 2019 2nd Annual 2-day Legal Tech Summit in San Diego. We will provide more details as they become available, but the event will be at the end of January in Sunny San Diego. If you would be interested in speaking or have any ideas for content, please feel free to reach out to me directly.
Aside from planning legal tech conferences, I am also a solo attorney. I have spent the last few weeks in trial in Orange County on two back-to-back trials. During trial, I obviously did not read e-mails as they were coming in, and was unable to respond to e-mails or phone calls until the evening, when I was busy planning the next day. The result was coming back to a mostly untouched inbox and voicemail box after two weeks. As you can imagine, it was a lot of work to go through it all. It wasn’t until after trial that I spent solid blocks of time doing nothing but reviewing and responding to emails and voicemails. When they come in throughout the day, you don’t really notice the toll that it takes on your day and on your productivity, but when you do it all at once, it’s horrible. I use Office 365 and the analytics tool tells me that I spent 5.8 hours just reading e-mails last week getting caught up. Here’s the problem that became clear after this experiment: We are ruining ourselves by being always connected. It is hard to stay focused and in the zone when you are being hit with an e-mail every three and a half minutes. It is scientifically proven that we are less effective when we are distracted. Our ability to analyze suffers. The time it takes to complete a project suffers. This is unfair to clients who need us at our best and who are often paying for our time to complete things. So, here’s what I’ve done: I use Microsoft Outlooks rules tool to create rules to not alert me immediately every time an e-mail comes in. E-mails about new CLE opportunities or notifications from my business Twitter account go to a separate folder. I check my e-mail at designated periods throughout the day every few hours. That way, I get in solid blocks of productivity time, and I can represent my clients to the best of my ability. The exception of course is when I know that something critical or time-sensitive is happening and I need to keep an eye out for it. Otherwise, I would encourage you to disconnect a little. Focus on the tasks you have for the day, and don’t let a productivity tool like e-mail get in the way of actual productivity.
Jeff Bennion, Esq., Chair, LPMT
While some may consider security the purview of IT or litigation support teams, 2017 was rife with examples where cybersecurity breaches implicated both e-discovery and liability competence.
By Jon Kerry-Tyerman, Everlaw | January 30, 2018 at 08:00 AM
Leaks at Equifax, Tarte Cosmetics, and over 35 other examples which made headlines almost weekly in 2017 represented a clear lesson for attorneys: If you’re not paying attention to security, you’re not paying attention. The value of a strong cybersecurity stance in all types of organizations, from law firms to corporations to government entities, is higher than ever.
As you forge into 2018, here are six trends for senior counsel to keep on your radar.
1. Rise of multi-party suits: Cloud-based e-discovery platforms allow litigants to easily add new collaborators and experts to cases in multi-party suits. This makes the process of securing and managing permissions for sensitive data easier than ever. Many firms have long partnered with attorneys general to secure justice for citizens in antitrust cases, and the widespread adoption of tools allowing remote collaboration will make these multi-party suits even easier to manage in 2018.
2. Nowhere for wrong-doers to hide: As LTN has explored, attempts to cover up data breaches prompt regulatory and federal scrutiny. Previously “dark” or less searchable data—such as instant messages, foreign-language content, and audio and video files—no longer provides cover for instigators hoping their wrongdoing will be overlooked, as e-discovery vendors add support for discovery and search of these increasingly common files. Investigators have the most powerful and responsive tools at their disposal to uncover the crucial moments as they explore case timelines.
3. Greater consumer and constituent awareness of breaches: Forty-eight U.S. states rolled out data breach notification laws by December 2017. The European Union’s GDPR, which takes effect in May, enforces steep fines for noncompliance that may reach 4 percent of annual global revenue. And US regulators are looking to the GDPR model, as evidenced by Congressional committee hearings in late November. Similar fines and enforcement may ensure greater reporting and compliance requirements.
4. Re-examination of data collection practices: As the GDPR deadline looms, compliance officers will repeat a common refrain: “Does our team truly need to collect this data?” Data protection by design, the practice of implementing privacy as a feature, rather than trying to address it post-release, will ensure the most effective compliance. Product vendors and consumer-facing applications in banking, retail, financial services, real estate, health services, and other verticals will be affected by this process. The data mapping which informs this protective approach also provides an opportunity to reduce extraneous sensitive data which make servers a target for breaches. Expect to see the quantity of data collected shift, and the types of data available in evidence review change in step with this transformation.
5. Rise of cloud-based software adoption: The Public Technology Institute’s Cyber Security Awareness poll showed high percentages of government agencies lacking department-wide network security audits, cyber liability or data breach insurance, or breach response policies. Consider, too, the 37 major corporations which LTN reported experiencing breaches in 2017. Project managers worried about data-sharing within large organizations may opt for vendor solutions in the public cloud which provide more robustly-audited and encrypted homes for sensitive data.
6. More complex login procedures: Software on all types of devices, from mobile apps to desktop solutions, now offer multi-factor authentication. The Federal Trade Commission reported in August 2017 that phone hijacking attacks more than doubled between 2013 and 2016, with leading government technologists among those affected. Time-based one-time passwords (TOTP or OTP) offer the strongest protection against phone porting or hijacking. Many vendors of both enterprise and consumer applications are adding these protections to their login protocols, and smart organizations are moving quickly to incorporate these strengthened login procedures into their own security protocols.
2018 dawned on an interconnected world with ever-greater opportunities and challenges for IT managers in the legal sector. With the modern arsenal of tools and vendors, the smart legal operations department can prepare for the impending challenges. Monitoring these six trends will contribute towards a more strategic response, and save your team headaches throughout the year.
About the Author
Jon Kerry-Tyerman is Vice President of Business Development for Everlaw. Previously, he served as a Senior Director in the Innovation practice at LexisNexis, where he chaired the Digital Culture Task Force. Jon served over eight years as a Professor of Law at the University of San Francisco, where he worked in the Internet and Intellectual Property Justice Clinic.
Reprinted with permission.
This article originally appeared in Legaltech News and the link to the original article location is https://www.law.com/legaltechnews/sites/legaltechnews/2018/01/30/six-2018-technology-trends-for-law-firm-management-and-e-discovery/
By Emily Domhoff
It’s mind-blowing to think just how much our world changes from year to year because of technology. In the past few months alone, we’ve gone from signing into our phones with fingerprints to using 3D maps of our faces to unlock our devices. We live in a time of technological disruption when our wildest ideas about where tech can take us actually unfold right before our eyes. It’s when “Back to the Future” becomes our present.
Technological change has a way of sneaking up on us. So, before we are engulfed by another wave of tech advancements, here are three key tech trends you need to know.
“Success in creating AI would be the biggest event in human history. It might also be the last unless we learn how to avoid the risks.” – Stephen Hawking, Theoretical Physicist
Artificial intelligence, also known as AI, is an area where science and engineering blends into one to create intelligent machines that work and react like humans. And though the first thing that comes to mind is a clan of humanized robots, AI can be much more sensible and commonplace than we think. For instance, have you ever wondered how Uber and Lyft determine the price of each ride and match you with the perfect short-time chauffeur? Or how does your inbox just know to filter your spam into the right folder? The answer lies in the brilliance of AI algorithms that use rule-based predictions and adjust over time to provide you with the most up-to-date experience.
With our society becoming more digitally inclined, the future of AI is set out to reach new heights in the coming years. From smart personal assistants (Amazon’s Alexa) to voice-to-text and face recognition systems (Apple’s iPhone X), we aim to cut out the human error in areas that reach far beyond the professional setting. As AI becomes smarter and more reliable, we can foresee its capabilities expanding into fields that promote the future well-being of humanity as a whole. There are already AI designs geared toward medical research assistance, such as a program that can detect Alzheimer’s disease up to a decade before the symptoms show. It’s only a matter of time before we start seeing these intelligent machines become a part of our everyday lives.
“The future of money is digital currency.” – Bill Gates, Founder of Microsoft
In the past year, we’ve heard a lot about digital currency, which is a collection of computerized tokens that can be used in place of physical money. And here’s the catch – you don’t need to process your payments through a bank for cryptocurrency to work. Bitcoin is by far the most well-known digital currency out there and recently had quite the run, allowing individuals everywhere to trade outside national currencies and rack up substantial profits. That being said, Bitcoin’s value fluctuates too much and will need to undergo heavy regulation before it can operate on a nationally recognized level.
Because of these fallbacks, economists are convinced the future will be Bitcoin-free, but that doesn’t mean it’ll be cryptocurrency-free. In fact, given our accepting attitudes toward digital transactions, we can only expect to see more Bitcoin proteges infiltrating the market in the near future. With added regulation, it’s not out of the question that governments will jump on trend as well, given the huge opportunity cost to making central banks more efficient.
“My guess is that in probably 10 years it will be very unusual for cars to be built that are not fully autonomous.” – Elon Musk, Co-founder of Tesla
Like artificial intelligence, driverless cars used to be the kinds of things you’d only see in movies, but they are actually finding their way into our soon-to-be reality. Autonomous car technology is already being developed by large car manufacturers, like Lexus, BMW, Mercedes, and Tesla, with the latter recently releasing its autopilot version for Tesla Model 3.
Twenty years ago if I asked you if you’d ever have a self-driving car someday, you’d probably laugh in my face. Although, fast forward 10 years to 2008, you’d probably say “maybe” with a hint of intrigue to your voice. These days, the same question would elicit a completely different response. Now, we know for a fact that these cars are going to be available in the next few decades, with research predicting them to hit the roads as early as 2020!
You should always stay ahead of the technology curve. After all, the survival of your business depends on how well you can utilize modern technology to increase your sales and capitalize on the opportunities provided to you by your technology partners. If you aren’t using the top-notch resources of your industry – your competition is, it’s as simple as that.
Article reprinted with permission by Jansen Manfredini, Sr. Marketing Manager, SAGE
By Peter N. Brewer
This is the tale of an attempted scam, that had it not been foiled, would have wreaked on this attorney six-figures in damages. The story began with an innocuous request for legal services.
March 9, 2018
I called your office today but you are not available. I left a voice message and I think I should just send the contract to you. I met Ravi Sreekanth Tr a San Mateo County resident while I was visiting California last year through a mutual friend and ended up providing him interior design services for his property. We signed a contract for $244,400 USD for my services. We had an agreement and he is now in breach of. I am looking to resolve the matter starting right away. I am attaching in this email the entered design services contract and also invoices. The last invoice page remains unpaid. [Considerably more detail appeared here, but has been omitted due to space limitations (in the millennial attention span)]. I arrived New York again a couple days ago and I reached out to Mr. Sreekanth and he is still giving the same excuse. Asking for some more time to make the payment which I think is ridiculous now. Kindly let me know if this is something you can handle. Attached are the contract and invoices. The last one is unpaid. I can be reached at 929-529-1899
AI Works Studio www.AIStudioWorks.net
I began the usual Internet search on my new friend, Mr. Nikolai Japarzo. Here are the notes I made in our office database: “Nikolai Japarzo was born in Tbilisi, Georgia (1974). He studied architecture at the Tbilisi State Academy of Arts and afterwards graduated from Moscow Architectural Institute in 1997. His PhD thesis was entitled "A Minimal Dwelling for Extreme Situations". AI is an international partnership practicing contemporary architecture, urbanism, and cultural analysis around the globe. The office is led by Nikolai Japarzo and Anton Nitskiy.
Sounded pretty legit, and I suspect this represents an authentic biography of the real Nikolai Japarzo. Just not the Nik that I was getting to know.
Our office manager called and e-mailed Nik the same day and set up a telephone conference meeting with Nikolai, and requested that he call with his credit card number for payment of the initial telephone consultation. When he did not call, my manager reported, “Peter, He totally flaked on us and didn’t return my calls and didn’t reply to my e-mail.”
So, still the same day, I wrote Nik:
Mr. Japarzo, Thank you for the copy of the contract and the uncollected invoices. I would be pleased to handle this collection problem for you. The debtor is in Atherton, just a short distance from my office. I am very good at collections. However, before I can commence work on your matter there are some administrative matters that must be attended to, both those required by law, and those required by common sense. For instance, at present I do not even have all of your contact information. The State Bar and the Business and Professions Code require me to have a written retainer agreement with you. There are other things that need to be addressed before we can undertake your matter. Such as, our firm’s policy is that when working for a client who is out-of-state, we require a retainer up-front.
A bit later the same day we spoke by phone, to which Nik followed up with, “Hi, It was nice speaking to you on the phone. I will be looking forward for the said engagement agreement to proceed. Regards, Nikolai”
Still on Friday, March 9, I responded with,
Hello Nikolai, I have attached our firm’s retainer agreement for you to review and sign. After signing, please return it to me via e-mail. Please pay the $5,000 retainer fee by credit card or PayPal (located on our firm’s website at https://www.brewerfirm.com/about- us/fee-payments/). Lastly, I will need a physical address from you so please send me your information as soon as you can. Please let me know if you have any questions. Thank you.
Ah, the end of the day, Friday. I thought it would never come. So, I didn’t give the matter much thought over the weekend. At some point on Monday, Nik signed, scanned, and returned my retainer agreement.
So, what was missing? Well, as our office manager wrote:
Mr. Japarzo, Thank you for signing the retainer agreement. Please pay the $5,000 retainer fee by credit card or PayPal (located on our firm’s website at https://www.brewerfirm.com/fee-payments/). Also, I need to have your contact information (address, fax number, etc.) so that I may enter your information in
our firm’s database. Let me know if you have any questions and as soon as I receive payment and I have your address, we will begin working on your file. Thank you.
To which Nik responded (Sent: Tuesday, March 13, 2018):
I called Ravi Sreekanth yesterday to let him know I will be taking legal action against him for not paying me so far and he didn't seem so happy to hear that. I advised I have secured a legal counsel for this purpose and he didn't seem happy to hear that too. Ravi said he will call me back which he did after a couple of hours, saying he will be ready to make a substantial amount of the payment in a matter of days. Though it wouldn't be the total amount, but he will need another couple of weeks to come up with the completing amount.
I have advised him that the matter has been handed to a lawyer. He will have to correspond with your office so as to further avoid excuses as I am tired of the same excuse every time I request for payment. I have provided him your firm details to correspondence with you and contact you if need be. Ravi said he's not interested in speaking with my lawyer and I should just get him the law firm name and address for a check. I don't think the court is where he wants to be on this matter.
I can't believe the threat of legal action against him has made him want to pay immediately. I should have considered this approach earlier but I didn't want to seem rather inconsiderate.
I am happy to a $5,000 compensation to you if he should do as he says as to making most of the payment as soon as possible. Sometimes I wish things were much more easier in life. After this news so let's give him some more days, say end of this week before you take actions and should he not do as he says I'll see to the retainer immediately so we can take this up fully.
I do hope all is well on that side of the pond?
Warm Regards, Nikolai
I can’t speak for you, but for myself I am always gratified and hugely comforted when I get “warm regards” from someone I’ve never met, who is trying to steal me blind. It warms the cockles of my heart. I hope, however, that I do not have any edible, burrowing bivalve mollusks with a strong ribbed shell residing in my heart.
Sent: Tuesday, March 13, 2018
Dear Mr. Japarzo,
We, at the Brewer Firm, are most anxious to help you recover the debt owed to you by Mr. Sreekanth. But merely signing and returning our retainer letter, without doing the remaining things requested of you, is NOT sufficient to retain my firm or to invoke an attorney-client relationship. We still need your physical address and any other contact information we haven’t received, and we need the payment of the$5,000.00 “evergreen” retainer amount.
Your suggestion that Mr. Sreekanth is now shaking in his boots and is going to send you a lump of money because you have told him that you have retained an attorney is disappointingly naïve, and now we have lost the element of surprise should you choose to retain us. I would suggest that you turn the matter over to us, and then do not interfere with the process. We will begin working on the matter when we have received the requested contact information and the payment of the retainer amount.
I trust that I am making myself clear. If you have any questions, please call or write. Thank you,
This resulted in a reply from my buddy Nik, that said he would do as I suggested and not interfere with our handling of the matter. Moreover, regarding the retainer, he would make that payment, “as soon as possible,” with no explanation as to why it wasn’t possible that very instant.
Having been instructed to stand down, and more importantly having not received the fuel that drives my labor force, we proceeded with alacrity to do nothing. After three weeks, when we had nearly perfected doing nothing, what should arrive in the mail? Why, dear Ravi Sreekanth had a crisis of conscience, and no doubt due to unbearable shame, sent me this, received on April 3.
Now, had I not been so heady with my profound success, I might have scrutinized the check a bit more carefully. I did notice the distinctly European date format, but didn’t give it much thought. Had I paid better attention I might have noticed that the U.S. Bank’s address, in Mineapolis (sic) was misspelled. However, I overlooked that and deposited the check in our Trust Account.
Nik didn’t waste any time. On April 5 he wrote the following:
Please kindly advise. Ravi did let me know the funds is fully paid. Please advice on Peter's availability. The funds are expected and we would like to put it to good use. Warm Regards, Nikolai
Nik made it clear that I was a consummate debt collection attorney, and that he couldn’t get the funds fast enough, if I would just be so kind as to send him certified funds. Well, Nicky boy, you’ve got to get up pretty early in the morning to pull one over on this old salt. My reply to Nik:
Dear Mr. Japarzo, This is Peter Brewer responding. I am not in the office today. Moreover, I never received the $5,000 retainer that I requested, so I regret that I must decline your request to “Is Mr. Brewer in the office today as I would like to speak with him?” as I do not wish to spend more uncompensated time on this matter. Additionally, I will not be issuing any funds whatsoever from my Trust Account until I am doubly confident that the funds ostensibly received from Ravi Sreekanth are genuine and have cleared my account. These situations often turn out to be scams, and I do not intend to be lured into such. If the money does not clear, for your safety and mine I will be reporting this to the proper authorities. Thank you for your anticipated understanding. Peter Brewer
Seems my bank was disinclined to be duped either. They placed a hold on the funds, and ultimately declined the check. Notwithstanding Nik’s effusive warm regards, he determined that I was not a fun pen-pal and I never heard from him again.
Now, let’s just take a minute to dissect this. Here are some of the RED FLAGS.
So, moral, try to avoid allowing bad funds to consort with your good funds, and in any event do not ever, ever, release funds until your bank has deemed the funds to be purer than holy water itself, and has written in blood that you may withdraw the funds. Do not ever release funds that you received in any kind of reversible form. Any deposit that the “client” can back out is NOT good funds, until the opportunity to reverse the deposit has become time barred.
Be careful. It’s a jungle out there.
Mari J. Frank, Esq. and Lance A. LaBelle, Esq.
1. What Is Your Right Mindset?
Making a deal means adopting the right mindset before the mediation. Consider the other side’s interests in addition to your own. Deflect conflict, identify settlement options, and don’t punish the other party.
2. How Do You Select the Right Mediator?
Is subject matter expertise critical? Find a mediator with the right skill set. Do you want the mediator’s style to be facilitative, evaluative, strong-armed or empowering? Credibility with both sides is critical.
3. What are the Best Logistics for a Productive Mediation?
Schedule an agreeable date, time and location. Is the office ambience and setting welcoming? Will there be food and beverages? Is there adequate time for the parties and counsel to work as long as necessary? Unreasonable time limits, or threats to walk out, will severely damage the process.
4. Why Share Briefs Before the Mediation?
Write a persuasive brief for the mediator, but your real job is to persuade the other side as to your position’s merits. Agree to exchange briefs. You can provide the mediator with a separate confidential letter if you have information to submit that is for the mediator’s eyes only.
5. Why is it Important to Work Your Case before Mediating?
When you lay the groundwork before the mediation by providing the other side with evidentiary proof supporting your claims or defenses, you have a chance of making an impact on settlement before mediation. Insurance claims adjusters usually line up settlement authority well before the mediation.
6. Who are the Stakeholders and Why Must They Be at the Mediation?
Bring all stakeholders with decision-making authority. CRC (Mediation Rule 1, f (1)) requires all persons be present with full settlement authority. Parties with authority must attend to execute an agreement if you desire enforceability under CCP §664.6. See Levy v Superior Court, 10 Cal 4th 578 (1995). Decision makers can’t appreciate the dynamics if only periodically checking in over the phone, and there is a risk that the absent decision-maker will say “no” based upon inadequate or misinformation.
7. How Should You Prepare Your Clients Before the Mediation?
Clients should understand the strengths, weaknesses, and a realistic evaluation of the settlement value. Clients do not appreciate surprises in mediation. Explain mediation confidentiality and what that entails.
8. Should You Communicate with Your Mediator Before the Mediation?
The pre-mediation call is an opportunity for counsel and the mediator to discuss obstacles or issues. What should the mediator avoid saying in front of the client? What settlement discussions have taken place? What’s the possible settlement range? What might the other side accept? Are there relationship insights? Critical information is exchanged in these calls to help you strategize for the mediation.
9. What is your Goal and Vision for the Mediation?
Do you want a joint session for a brief "show and tell" presentation by either counsel or clients? If you go to the mediation with the intention of presenting outrageous offers or demands, this strategy will backfire. How can you build a bridge with the other side and focus on solutions instead of arguments?
10. Are There Issues to Address Before the Mediation?
What about insurance coverage or other issues to explore before you attend mediation? If multiple carriers/parties will be participating in the negotiations, have they ironed out issues between them so that offers can be presented to the plaintiff? Your mediator needs to understand any obstacles before the mediation.
11. Why Bring a Draft Settlement Agreement to the Mediation?
Bringing a draft settlement agreement requires counsel and their clients to think about potential important settlement terms before the mediation such as confidentiality or tax issues. Focusing on settlement agreement will facilitate and expedite the process of finalizing an agreement.
12. What Are the Risks of Not Settling in Mediation?
What are the worst-case scenarios if you don’t settle? What will that mean in terms of time, stress and expense? How will failing to settle impact the client’s life and overall happiness? Ask your clients if they would rather be happy or try to prove they are right? What are the risks to your attorney-client relationship if you don’t settle?
“A good settlement is better than a good lawsuit.” --Abraham Lincoln
About the Authors
Mari Frank, Esq. is an advisor to LPMT and mediates privately and for the OCSC. She teaches conflict resolution and hosts a radio show “Turn Conflict into Collaboration”
Lance A. LaBelle, Esq. is a mediator and arbitrator affiliated with ADR Services, Inc. in Orange County, CA. He practiced civil law as an AV-rated attorney for over thirty years.
[News Release from The State Bar - Thursday, May 10, 2018]
Today the California Supreme Court issued an order approving 69 Rules of Professional Conduct for California attorneys, and rejecting one. The rule changes will go into effect Nov. 1, 2018, and will apply to the more than 250,000 attorneys licensed in California. "This marks the first overhaul of ethics rules for attorneys licensed in California in nearly 30 years," said Leah T. Wilson, Executive Director of the State Bar of California. "The State Bar appreciates the work of the Commission on the Revision of the Rules of Professional Conduct and the Board of Trustees, as well as the Supreme Court, for bringing about these fundamental changes to attorney ethics rules."
After extensive review by the State Bar's Commission on the Revision of the Rules of Professional Conduct, the State Bar Board of Trustees approved the proposed rules in March 2017. The proposed rules, whose creation focused in large part on protecting the public, were then submitted to the Supreme Court.
Highlights of the new rules include:
Three-Part Webinar Series:
To learn more about the revised Rules of Professional Conduct by participating in the three-part webinar series being presenting by The California Lawyers Associations: The Revised Rules of Professional Conduct -- What’s New, What’s Not, and How it Will Affect Your Practice.
Part One: Foundation Rules (June 14, 2018)
Part Two: The Lawyer-Client Relationship (June 19, 2018)
Part three: Lawyer Dealings with Non-Client Third Parties (July 12, 2018, 12 noon – 1 p.m.)
Each webinar offers 1 hour participatory MCLE credit in Legal Ethics. Even though the original presentation dates of the webinar have passed, it is still available for on demand viewing.
View All Programs
Dear Members of the LPMT Section,
Body cameras, video surveillance, personal cell phones, social media: The exploding growth and innovation of these tools translate to exponential growth in digital evidence and prompt questions on how to manage it. As such, the judicial branch would like your input on this growing area of court business.
The Judicial Council Information Technology Advisory Committee (ITAC) has formed a Digital Evidence Workstream. It is focused on investigating, assessing, and reporting on business practices, technical standards, statutes, and rules related to digital evidence. With respect to our justice partners, the workstream is charged with and very interested in gathering information on any standards, best practices, and challenges related to submitting digital evidence to the courts. The purpose of the survey is to inform the workstream in their development of rules, policies, and guidance in this growing area of court business.
To that end, we are asking you, as a primary source of digital evidence, to respond to a set of questions. The survey can be accessed at: https://www.surveymonkey.com/r/JCLSQG3.
Our survey findings will be reported in aggregate and will not identify individuals or organizations. We are asking for contact information so that we can follow up if so indicated by your answers.
We know your time is valuable and limited, and appreciate the support of all partners. We encourage you to participate even if you have limited experience with digital evidence, so that we can have as much information as possible to inform our recommendations. Please respond to the survey by July 31 at 5 p.m.
Thank you in advance for your attention to this matter.
The public and attorneys have an opportunity to submit written comments about policy issues before the Board of Trustees. These issues may include proposals such as amendments to the Rules of Professional Conduct and ethics opinions. Comments may be directed to the address listed on each proposal.
Check The State Bar website for the current items posted for public comment.
If you feel that the LPMT Executive Committee should submit comments on behalf of the LPMT Section members to a particular item out for public comment, please contact Amy Williams, Chair of the Rules Subcommittee at email@example.com.
PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by The State Bar Board of Trustees of the materials published.
Production of The Bottom Line/eTBL continues to be delayed due to technical difficulties in formatting the issue since transferring to the California Lawyers Association. The editors are working with IT Coordinator Michael Mullen to find a solution so we can get back to distributing The Bottom Line/eTBL regularly. The next issue will be out shortly and will contain the following articles, plus more:
Need MCLE Credits
Obtain MCLE credits by reading articles which have appeared in past issues of The Bottom Line. Read the article, take the quiz, and you have earned an hour of self-study MCLE credit. This is a quick and easy way to obtain required MCLE credits.
Articles for publication are welcome. Send them to firstname.lastname@example.org or to Section Coordinator, Melanie Miranda (email@example.com), to be reviewed by the editorial committee. Obtain the Guidelines for submitting articles from the Section Coordinator.
Archived Articles: Archived issues of The Bottom Line can be found in the Members Only section of the LPMT website going back to October 2011. Prior to that date, you will find only a table of contents for past issues. Some past issues may still be available. Contact Section Coordinator, Melanie Miranda (firstname.lastname@example.org).
California Lawyers Association Annual Meeting
Friday-Saturday, September 14-15, 2018
Sheraton San Diego Harbor Island
The Sections Convention Reconfigured as the Annual Meeting of the California Lawyers Association
In this, Year 1 of the California Lawyers Association, we're inaugurating our Annual Meeting. The event follows in the footprints of the Sections Convention of 2017, and more than 30 years participating in the Annual Meeting of The State Bar of California.
In fact, this event will feature many of the events you associated in the past with the Bar's Annual Meeting.
Watch for more information as it becomes available! You won't want to miss this networking and learning opportunity planned especially for California attorneys and legal professionals.https://calawyers.org/Annual-Meeting
The Education Committee is continuing to develop several webinar series for presentation. A webinar is planned for July which will discuss stress, self-care, and managing the pressure s of practicing law. More details will be available shortly.
If there are any topics that interest you, let us know and we'll work on putting a program together for you. If you would like to contribute to an MCLE self-study article or a webinar, please contact the Education Chair, Clayton Dodds, at email@example.com.
The California Young Lawyers Association has assembled a series of mentoring videos which are posted at: https://www.youtube.com/channel/UCNgOYDlJUcKSWB1GJEeqI5g/videos. New videos are being added all the time.
Videos by LPMT Executive Committee members/advisors are set forth below.
Neil Pedersen – Time Management for the Busy Attorney
Neil Pedersen – The Paperless Law Office: Using Technology to Maximize Efficiency and Profit
Mari Frank – Successful Negotiation and Mediation in Your Practice
Peter Brewer – Evolving Your Solo Laws Practice: Daring to Become a Firm
Perry Segal – Today’s Technologies and Maintaining Client Confidences 101
The hash tag for the CYLA Mentoring Videos is, #10MinuteMentor, should you wish to retweet any of the videos.
View the Online CLE catalog to find webinars and programs presented by the LPMT Section or which contain practice management topics. Also find articles from Section publications, including The Bottom Line, to obtain self-study MCLE credit.
Please provide your thoughts and suggestions for future webinars and educational programs to Jeff Bennion at firstname.lastname@example.org or LPMT@cla.legal. Let Jeff hear from you with suggested topics or a proposal to present a webinar or program.
Members, let us know what you are doing so we can include your activities and accomplishments in our next eNewsletter. Let us hear from you.
Purchase the State Bar’s two publications, The California Guide to Opening a Law Office and The California Guide to Growing and Managing a Law Office (official hash tag #GrowLaw) to assist you in running and growing your law practice. Your Executive Committee members are contributing authors.
The following benefits continue to be available to members of the LPMT Section. Make the most of your membership by using the following vendors who are offering discounts to LPMT Section members (listed below in alphabetical order):
15% off discount on promotional products for LPMT MEMBERS exclusively!
About Us: Recognizing a need, during the economic downturn, for a company that offers all facets of marketing a product while still maintaining the bottom line, AB Unlimited: A Marketing Resource Agency, specializes in Promotional Products & Event Graphics.AB Unlimited operates as an offsite extension of our client’s internal departments, providing cost-efficient solutions, quality products and superior customer service. AB Unlimited has a proven track record of providing resources to fit any budget, timeframe or circumstance.
Expertise: A former litigation attorney, majority owner and COO Amy Williams brings a workflow management expertise that produces projects on time and under budget. Minority owner Brian Williams brings over 20 years experience in the print advertising industry which provides him with a keen eye for color and a resourceful execution of our clients’ most difficult projects. The AB Unlimited team includes our Vice-President of Business Development, with 10 years experience in the promo industry, Account Executives, Production Manager, Production Coordinators and Trained Advertising Specialists, kitting/fulfillment crew, and delivery drivers.
AB Unlimited specializes in Business 2 Business marketing: to help sell the client’s brand and increase brand loyalty from the end user. Where other shops demand high QTY minimums, AB Unlimited is known for projects with low quantities, short runs, and one-off products with a fast turnaround time.
Contact:http://www.ab-promoitems.com or email@example.com
Tel: (310) 424-5310
California-based Aptus Court Reporting has invested in today’s most innovative, time-saving, cost-conscious tools with your productivity in mind. We focus on a fuller view of court reporting. From time-management and pleasant interaction to ease of technology, our cornerstone has always been improving your entire workflow, not just the bottom line. Aptus provides a one-stop solution for your deposition and trial needs. Our international network of reporting expertise, cutting-edge technologies, and conferencing capabilities provides your team with outstanding court reporting services and online convenience.
We believe you’ll find an outstanding partner in Aptus Court Reporting. We proudly offer LPMT members Aptus Connect at your next deposition or one month of eDepoze as a complementary service for trying Aptus Court Reporting.
For more information on how our remote videoconferencing and exhibit tools can make your depositions smoother, please email LPMT@aptuscr.com, visit our website http://aptuscr.com, or call us at 866-999-8310.
CEB is pleased to continue to offer rebates to members of participating California Lawyers Association sections.
If you have already paid your annual section dues, CEB will apply the cost of your dues towards the purchase of either a:
Gold CLE Passport or Single full-price CEB MCLE program ticket
In addition, as a LPMT member, you will receive a 10% discount on selected products offered by CEB. To receive this discount, simply go to the bottom of the LPMT Members Only page and follow the link.
Built by lawyers, for lawyers, ClientSide provides innovative solutions that comprehensively automate the document and signature management processes of today’s law firms. With tools created with a law firm’s needs and preexisting processes in mind, ClientSide allows you to focus on growing and expanding your business.
Manage your workflow to ensure that your documents are properly prepared from the start. Use forms to send your documents out with just a few clicks. Send out custom automated reminders in accordance to your schedule. With ClientSide’s tracking tool, view the progress of your documents throughout the signing process live and receive tamper-proof audit trails showing the access data for every signed document.
ClientSide’s mission is to make your firm more efficient and make your clients happier by automating and simplifying the integral document signature processes. To start seeing improvements in your firm, visit https://www.goclientside.com/ca-bar-free-trialdiscount-page/. You’ll be able to start your free trial today and secure a 10% discount thereafter by entering the code, CABAR.
eDiscovery Litigation Specialists, Inc. provides processing, hosting, consulting, trial presentations, analytics, forensic data preservation, collection and extraction for litigation matters. They use the latest technology available, operated by experienced and highly trained legal professionals. Founded by a team nationally recognized attorneys and skilled technology paralegal with decades of experience, we understand litigation from inception through trial.
eDiscovery Litigation Specialists, Inc. will offer LPMT members a 20% discount on data processing, 15% off forensic data extraction and half off license fees (up to 3 licenses). For more information about EDLS go to www.edlsi.com or call them at (949) 218-2110. Use the discount code LPMT2016.
Inventus is a consulting practice focused on helping organizations effectively manage the legal discovery process.
Its services combine legal project management and best-of-breed technologies to provide their client base with cost-effective and defensible document reviews.
Their tools and expertise make their clients more efficient, and in turn, better positioned to manage e-discovery challenges.
As a LPMT member, Inventus is offering a 10% discount on any invoice involving line item described as “data processing” over $1,000. To receive this special discount, contact Andrew Bayer at firstname.lastname@example.org with the code word LUMINOSITY.
JumpStart Genius® by InnovPro Solutions, Inc.: an online software program to help attorneys and law students design, start, and manage their law firms. JumpStart Genius® helps you earn a profit, serve your clients with integrity, and have a healthy personal and family life.
JumpStart Genius Version 1 includes modules on
JumpStart Genius Version 2 will include modules on Setting Fees, Billing Clients, Managing Your Client Trust Account, Risk Management, Attorney as Employer, Finances - metrics - and running a profitable law practice, Security and Privacy policies and best practices, Outsourcing, and Trending and the Practice of law.
Enter your Discount Code: CALPMT to receive a 50% discount on JumpStart Genius. The standard price is $500, but your annual license to JumpStart Genius® is just $250. See JumpStart Genius®, our passion is Implementing Your Success™. Pricing page: http://www.jumpstartgenius.com/pricing.php [then click on the $250 discounted pricing, and when prompted, enter discount code LPMT.]
Edward Poll, J.D., M.B.A., CMC, advises law firms and their leaders on practice management, business development, and financial matters. He is a nationally-recognized practical guide to profit. His advice has benefited national, regional, and local law firms. Ed is unique in that he has long-term experience in both business and law. Ed has practiced law for 25 years, was the CEO and COO of several manufacturing businesses, and has been a consultant to small and large law firms for 15 years. - See more at: http://www.lawbiz.com/about_old.html#sthash.k5G2htAW.dpuf
As a special benefit to LPMT members, members can download one of Mr. Poll’s many information books FOR FREE. Click this link to choose your book and begin your download: http://www.lawbiz.com/lmpt-free-book - password: LMPT4FREE. In addition, Mr. Poll is offering a 10% discount on all of his other publications.
LegalBoard™ is the first and only computer keyboard designed specifically for lawyers and other legal professionals. The LegalBoard is made for time savings. There's a section symbol key and a paragraph key. You can add a footnote or comment by hitting a single key, type whatever you want in the footnote or comment and then hit shift to go back to your place in the text.
Want to insert the phrase "court of appeals"? Then hit a single key. Want it capitalized? Hit shift and the "Ct App" key. Turn track changes on and off with a key; add a bullet with a key; turn on small caps with a key; or even change the line spacing with a key. You get the idea. And most of the functions (yes, including the section symbol) even work when typing an email. The keyboard and number pad function normally when not in legal mode.
According to the LegalBoard's maker, Pro-Boards, LLC, the average user will save three to five seconds per legal key used. If you have an hourly rate of $300 per hour, that means the keyboard pays for itself in weeks or at most a few months in time savings.
But let's be real: the main reason you need one isn't to save your clients or your firm time or money. It's to keep your sanity. Nothing is more annoying than finding and inserting that footnote or section symbol. And now you can just use a key.
Buy a LegalBoard now and receive 10% off at www.legalkeyboards.com. Just insert the code CALBAR when checking out.
Connecting Your Firm to Success
“Do what you do best, practice law. We will do the rest.”
Legal Connect Consultants is a California based consulting group for solo and small law firms. Let us put our two decades of experience to work for you. Founded by Marla Mohr, a former Litigation Paralegal, with extensive expertise as a consultant to law firms in legal publishing, court reporting, court filings, litigation support, ESI, business development, vendor management and client relations. Marla identified many shortcomings in marketing/business development, vendor management and client relations within the solo and small firms. She quickly realized that some firms do not have the time, resources or knowledge to fill these critical voids and began to consult with a small group of firms who quickly benefited from her expertise. Her early successes led her to form Legal Connect Consultants.
Our consulting services include:
Increase your visibility on the web though social media, blogs and newsletters.
Work with your current and/or future vendors to lower your cost and increase your productivity. This includes:
• Litigation Support
• Legal Software
• Legal research
Improve your client services(customer service) to retain clients and get referrals.
Our goal is to help build your practice with our extensive knowledge of the legal industry, attention to detail and top-of the line customer service. We understand the time crunches you have and the need for quick responses from your partners. Our team will work with you to find the best possible solution for your case and/or firm. Together, with our partners, we have you covered!
Do you and your staff have time and/or resources to:
If you answered NO to any of these questions. We are your solution.
Contact us today for your LPMT Members Exclusive Discount
10% on consulting fees
Lexicata is the legal industry's leading CRM and client intake software. Lexicata enables law firms to effectively track and convert leads into clients with a seamless and easy client intake process. Features include interactive intake checklists, customizable online intake forms, consultation scheduler, automatic reminders, retainer letter automation, and e-signature. Lexicata also integrates with companies/softwares such as Clio, MailChimp, WordPress, Ruby Receptionist and more.
We are pleased to offer LPMT members $100 off your first year’s annual subscription. To take advantage of this special offer, contact email@example.com or 888-886-2750. Mention Promo Code CALPMT to schedule a demo using this code and receive your $100 discount.
General Homepage - https://Lexicata.com; Page for Scheduling a 15 Minute Demo -https://lexicata.acuityscheduling.com/schedule.php
Lexology is an innovative, web-based service that provides company law departments and law firms with a depth of free practical know-how that would be impossible to produce internally. By collaborating with the world's leading commercial law firms, Lexology is able to deliver fully tailored intelligence to the desktops of business lawyers worldwide on a daily basis.
It is usually free to subscribe to Lexology. Simply register your details and create your own legal newsfeed service - geared to your practice or business interests. Lexology will immediately begin to deliver the most recent legal analysis to you. You will receive no more than one daily newsfeed email from us and this will report only on the information that you have requested. You are free to change your settings or cancel your subscription at any time. Your personal details will remain confidential at all times.
National Law Foundation – Online Forms is now offering LPMT Section Members 10% off all FORMS. Enter LPMT at check-out on www.NLFforms.com to receive this special discount. Save drafting time with their fully-editable and current FORMS which are immediately available for unlimited use upon purchase. Visit www.NLFforms.com for a complete list of all FORMS available covering most practice areas.
ShareFile is an easy, affordable secure file transfer system, client extranet, and mobile editing tool designed specifically for law firms to allow legal professionals to securely access any document, from any device, any time. Citrix ShareFile allows you to create a custom-branded, password-protected space where you can exchange business files with clients easily and securely. Whether you need to send large files by email, conduct a secure file transfer or set up a collaboration space for project-related files, ShareFile has the solution for you.
ShareFile benefits include:
As a special benefit to LPMT members, ShareFile is offering a 10% discount on the monthly rate and a 30-day free trial to determine if it would work for you or your firm. To obtain this benefit, please go to http://sf-mktg-pages.sharefile.com/CABarAssociationLP.html
A Member Benefit Worth $100. Subscription to the TechnoLawyer Archives for one year.
TechnoLawyer is an award-winning network of email newsletters for lawyers and law office administrators. TechnoLawyer's newsletters cover law office management, legal technology, law firm marketing, and litigation practice. Searching everything TechnoLawyer has published to date requires a paid subscription to the TechnoLawyer Archive. This searchable web archive contains more than 14,500 newsletters and counting, including thousands of legal product reviews unavailable elsewhere.
A one-year TechnoLawyer Archive subscription costs $100 for most people, but not for you.
Effective immediately, you and your fellow members can obtain a free one-year TechnoLawyer Archive subscription. You don't have to provide any payment information such as a credit card.
Simply use this special web page for members of the Law Practice Management & Technology Section of the California Lawyers Association to obtain your free TechnoLawyer Archive subscription. (http://technolawyer.com/affinity/lpmt-sbc.asp)
You'll receive an email message with the link to the TechnoLawyer Archive and some tips so that you can immediately start searching.
If you are already a subscriber to TechoLawyer, and would like to take an advantage of this offer to access the TechnoLawyer Archive, please send an email to firstname.lastname@example.org.
For detailed information about vendor benefits, go to the Members Only Section under Special Offers and Discounts
Acknowledgments – May/June 2018
Special thanks to those who have contributed content to the May/June 2018 issue of the eNews: Peter Brewer, Mari Frank, Amy Williams, Cynthia Mascio, Perry Segal, Jeff Bennion and Patty Miller.