'Diversity' has been a buzzword in the legal profession for decades. However, a  recent article in GP Solo, published by the American Bar Association, asserts diversity efforts have largely been aimed at law schools, large law firms and corporate counsel, thereby ignoring small law firms and solo practitioners.

Many small firm attorneys and private practitioners often wonder why or how they play a role in the diversification of the legal profession, according to Sandra Y. Yamate,  the Executive Director of the ABA Commission on Racial and Ethnic Diversity in the Profession, and the author of that article, 

"It is misguided, however, to think that sole practitioners and small firm lawyers cannot do as much to advance diversity as their colleagues in larger organizations. Nothing could be further from the truth," she writes.

In an attempt to get some answers, Above the Law recently released a Small Law Firm Diversity Survey. Respondents were asked to consider several general statements pertaining to diversity, then provide long-form answers.

An example of the statements includes "'Having attorneys or staff from diverse backgrounds is a competitive advantage for small law firms.'" Of the more than 300 respondents who participated in the survey, nearly half strongly agreed with the contention. Just over 21% indicated they agreed and 19% stated they had no opinion. The remaining responses were divided between 'disagree' and 'strongly disagree.'

One response in favor of the statement asserted that a diverse workforce encourages a range of attitudes and potential solutions. The author concluded that “can only help client service.” Conversely, a comment from a respondent against the proposition indicated there is no evidence to support the contention.

Ambrose Moses, III, an African-American solo practitioner in Columbus, expressed dismay with the survey. "Some of the attitudes and mindsets illustrated by some of the comments included in the report are disappointing because it appears that some trained and licensed lawyers are ignorant of American history or have no desire to remedy the societal and individual harm caused by bias, discrimination and injustice."

He labeled some of the comments as "troublesome hindrances to our nation achieving legal, social and economic justice for all." He also express dismay that some of the responses might have been made by judges, court personnel, government attorneys (such as county prosecutors and their assistants), attorneys general (and their assistants), U.S. attorneys and their aides, general special counsel and more.

"This is not to ignore the impact of such attitudes and mindsets held by private attorneys in large and small firms. Rather, it is essential to recognize that when such attitudes and mindsets infect the ranks of our judges, government attorneys, and court personnel, then the bias, discrimination, and injustice continues to be systemic and, I submit, both de facto and de jure,” sums Moses.

Steve Smith, President and Founder of Los Angeles-based GrowthSource Coaching, mentors business people from a myriad of professions, including law. He too dismissed much of what was highlighted in the survey, although for different reasons than Moses.

"Most of what I’ve experienced runs counter to these findings but that could be the legal crowd I’m running around with," says Smith. “Small firms and solo practitioners are usually only focused on a few things: can I find someone I can work with; can I afford the best person I can find; will they stay with me after I teach them all my secrets,” he says.

That’s not to say Smith dismisses the importance of diversity for small firms or solo practitioners. However, he says, "I’m not sure it leaks into the daily practice of running a law firm."

The general consensus in the business world is to be "considered inclusive," says Smith. However, "when it comes to running a business, diversity isn’t usually the first consideration when deciding who to employ. Most of the time, a law firm’s first consideration is whether the candidate fits with the brand and whether they will get along."

Another school of thought in the business world, he says, is that "unless a person has a degree from a name university, maybe (the employer) can pay them less. They won’t pay top dollar unless the (candidate) is bringing a big pedigree.”

According to Smith. "Diversity is fine unless it creates big inconveniences for me and my business." In expressing support for diversity, in general, Smith urges people to be honest when discussing the topic.

"I’m not down on diversity but I want the discussion to be real. It’s one thing to say it but another to live it," he says.

Tami Kamin Meyer is an Ohio attorney and writer.

There's nothing more annoying than a deadbeat client. But, there are steps you can take to make this situation less onerous or to even avoid such situations altogether.

Identifying Problematic Clients Before You Get Stiffed

“The best time not to represent a client is at the beginning,” says Terry Zimmerman, a collections attorney from Akron, Ohio, who recently retired after 39 years of practicing law. Although the adage of ‘not judging a book by its cover’ might be appropriate when selecting reading material, there are telltale indications a would-be client may not pay his or her bill, Zimmerman says.

“If a client tells you they went to an attorney who has a good reputation but that attorney did not take the case, consider there’s probably a good reason why," he says. "The client might not be a good risk.”

A client who admits to have spoken with other lawyers prior to coming to you is likely shopping for the best price. "That’s another red flag,” Zimmerman says. Another clue is “when they ask the cost of a ‘simple divorce’ or a ‘simple bankruptcy,’” he says. The general public doesn’t generally appreciate what truly constitutes a case as ‘simple’ or ‘complex,’ so asking for a price upfront without explaining the variables of the matter are a red flag they won’t pay, Zimmerman suggests.

Robert B. Walker, an estate planning, collections and creditor’s rights bankruptcy attorney in Reston, Virginia, says he “worries about the ones who have been paying regularly but suddenly become slow pay.” When that happens, the client is generally not happy with the representation they are receiving or perhaps believe they are being overcharged.

Another clue a client isn’t likely to pay their legal fees? “If a client nit-picks your bill, you probably have a problem,” Walker says. One way to minimize financial exposure, Zimmerman says, is to “get some money up front.” Besides, he says, that’s a great way to learn where the client banks, useful information in case the lawyer pursues a collection matter against the client in the future.

What to Do When a Client Doesn’t Pay

It might seem elementary, but before initiating any type of litigation, it’s imperative to know who the actual defendant is. If, for example, a lawyer represents Joe’s Autobody, but not Joe himself, it’s wrong to pursue an action against Joe rather than the business, Zimmerman says.

Therefore, when representing a company, Zimmerman says it’s imperative the lawyer obtain a personal guarantee in writing that Joe has the authority to hire the attorney on behalf of the business. Once a determination is made as to whom the defendant is, the next step is to review the fee agreement signed by the client and the attorney.

According to the Code of Professional Responsibility, written agreements are only required in contingency fee cases, “but it’s a good practice” to use them in all matters, Zimmerman says.

Walker says “he comes and goes” on the use of written fee agreements. On one hand, they spell out the terms governing the professional relationship between the lawyer and client. However, they can also lengthen the attorney’s malpractice exposure in states like Virginia, where the statute of limitations for collecting fees and pursuing legal malpractice matters differs depending on whether a written fee agreement was used or not.

Zimmerman also cautions lawyers contemplating legal action against deadbeat clients to consider whether it might also expose them to a malpractice claim initiated by a disgruntled client. Another matter to consider is whether the debt in question is consumer-oriented or not, Walker says.

“There should be a determination made as to whether the Fair Debt Collection Practices Act, and any state version, govern such collection by one attorney for a client attorney,” he says. When a lawyer tries to collect legal fees owed, such legislation does not apply. However, an outside collection agent might be deemed a ‘collector’ subject to Federal and state laws. Other rules govern the collection of past due legal fees, says Steve Smith, President and Founder of GrowthSource Coaching, a California company that educates business owners and other professionals about improving their companies.

For example, ABA Model Rule 1.5 governs fee types and fee arrangements. “One of the overriding principles is the concept of the reasonableness of fees. The overwhelming, number one reason why people avoid paying their bill is the client has decided the fees were unreasonable for the service they received,” he says.

Absent exigent circumstances, such as being up against a statute of limitations, Walker likes to send a demand letter to the client, now potential defendant, when legal fees are overdue. If nothing else, doing so helps determine whether the lawyer has the debtor’s correct address.

Smith’s approach is similar. First, he suggests sending a pleasant letter reminding or informing the client of their past due account. If a week passes with no response, he advises placing a personal call to the client to try to determine why they haven’t paid their bill or responded to the letter.

“Get them on the phone to discuss installments or even reduce the overall balance,” Smith says. No matter what is said during the conversation, he implores the lawyer to maintain a “good business decorum.” Follow up with one email a week for the next three weeks, imploring the client to pay their bill. Each missive should communicate the “increasing severity” of the matter so the client understands the gravity of the situation.

If, after 30 days, payments are still not forthcoming, it’s “time to make an assessment,” about whether to sue the client for the fees they owe, Smith says. Factors to consider include the size of the past due balance and the costs involved with hiring an outside agency or lawyer to collect the debt, assuming the case will be farmed out.

Walker cautions lawyers about handling their own collection matters. “The ability to be objective is not as great when you are representing yourself," he says. "When your professionalism is challenged, it’s hard to be objective.” 

What Not to Do

There are several steps to avoid when seeking to collect an overdue client balance. According to Smith, do not:

• Contact the client’s family members or friends to discuss
• Contact an employer to seek the garnishment of wages, since a judgment is needed to initiate a garnishment
• Allow the situation to impact your effectiveness in representing other clients

It’s also not wise to argue with the client over the past due account. Not only is that unprofessional, such behavior will likely infuriate the client and increase the likelihood he or she might file a malpractice claim. Lastly, if a lawyer seeks to hire you to collect his or her past due accounts, be sure to conduct a conflicts search before taking on the case. Do not pursue a collections case against a defendant if you represented him or her or a related entity in the past, Zimmerman advises.

Tami Kamin Meyer is an Ohio attorney and writer.

With three groups of attorneys leaving BigLaw to start their own boutique firms in January alone, legal industry experts are predicting that 2016 might be a year of major big firm-to-boutique migration. So reports Bloomberg BNA.

In the first month of the year, when there’s typically a flurry of lateral movement between big law firms, groups of lawyers from Arent Fox in California, Paul Weiss Rifkind Wharton & Garrison, and Schiff Hardin have all instead opted to form of new, small firms.

Legal industry experts note that while former BigLaw attorneys often do find that a small firm partnership is better suited to their personal needs, business development challenges and day-to day administration duties can make small firm life challenging.

Read the full article from Bloomberg BNA.

Bigger might be better in some things in life, but not necessarily when it comes to employment opportunities for attorneys.

Small law firms are coming up big as places for lawyers to find work, according to a recent article on Law Crossing. The article cited the National Association of Law Placement as saying small law firms are providing “the majority of law firm jobs taken by recent graduates.”

Economic uncertainties continue to inject volatility in the legal landscape, making large law firms wary of over-hiring. There is also tremendous fear the number of clients capable of affording or willing to pay big firm rates is dwindling.

Meanwhile, there continues to be an escalating need for legal services among the general population, who not only can’t afford huge hourly fees but who are also uncomfortable in the swanky downtown offices of The Bigs. So where do these clients turn? Small law firms or solo practitioners whose rates are usually lower than those charged by big law firms and whose lawyers are generally more accessible.

View from the Trenches

Joseph Dreitler didn’t always practice law in the small firm setting. In fact, he spent 17 years in-house at Procter & Gamble and Anheuser-Busch and another 14 toiling in various large, general practice firms. However, for the past four years, he has practiced law in a two-person trademark, copyright and patent law firm in Columbus, Ohio. The namesake of Dreitler True says his current situation is “the most fun” he’s had while practicing law, for a few reasons.

They include:

• Lack of bureaucracy
• No conflicts of interest
• Lower overhead
• The lower fees he can charge due to reduced overhead costs
• No need to try and ‘leverage’ associates to bring in revenue for the firm

Dreitler also relishes the fact he doesn’t feel pressured to bill an astronomical number of hours yearly like he did when he worked in a big firm. Something else he doesn’t miss about big firm life is partners who are supposed to behave like a team but who are really out for their own best interests.

“I don’t feel the disappointment in other partners not cross-selling my services to their client,” he says, adding that in every firm he worked, the consistent mantra was that everyone was on the same team. However, eventually Dreitler became dismayed when he finally realized that was not really the case in any of the firms where he worked. “Partners hoarded work. They did not want any other partner to even meet their clients for fear they would screw something up. Partners who had no idea of the difference between a trademark and a copyright would take on that kind of work and never call partners who specialized in that work because they wanted the hours and could care less about the clients getting the most qualified lawyers on the matter,” Dreitler laments.

Early in Evan Schwartz’s legal career, he was a small fish in a very large pond. In actuality, he was more like a guppy in a huge sea of the gigantic law firm where he worked for several years. In those days, he toiled in a firm with 300 to 500 lawyers nationwide. When he left, he was a solo practitioner for a time. His firm grew to ten lawyers, including a law partner, but today he is the namesake of Schwartz Law PC.

His firm, with offices in Manhattan and Garden City, NY, is comprised of six lawyers whose work focuses on disability law and other insurance-related matters. There are several aspects of practicing in the small firm setting that Schwartz finds appealing. He enjoys the collegiality of working in a small group, which also means attorneys have the opportunity to accept greater responsibility for their cases and clients than occurs in large firms.

“Large firms can also be collegial but are frequently more regimented and both pay and responsibility are typically more lockstep,” says Schwartz. Like Dreitler and Schwartz, Caroline Z. Worley didn’t always practice law in the small firm setting. After the namesake of Worley Law LLC, a small firm in Westerville, Ohio, graduated law school, she toiled as a staff attorney for a Common Pleas Judge.

Following that, she joined a large law firm in Columbus. Since then, everywhere she has practiced law has employed five or fewer lawyers. Worley cites the “team and family atmosphere” with all employees, both attorneys as staff, as what she enjoys most about the small firm setting.

She also relishes the lack of bureaucracy and the flexibility that working in a small group engenders. “Also, since our overhead is lower, an attorney can offer the same or better services for half the cost. There is also plenty of time to get out and serve on nonprofit boards and to give back by volunteering your time,” she says.

Those experiences differ greatly from what she underwent in the big firm setting. For example, “you usually have to run all ideas up a chain of command and change is harder and slower,” she laments. Working for a small firm, especially her own, offers Worley the flexibility to work different hours and at locations other than her brick-and-mortar location.

Pitfalls of Small-Firm-Life

While all three lawyers agree their professional lives are happier as small firm attorneys, they do admit there are pitfalls to working in such an environment. For Worley, working with a small “marketing and business development budget” is challenging. She would also like to hire additional support staff, but that is cost-prohibitive.

While he wouldn’t trade his current situation for a return to big-firm life, Schwartz says there are challenges working in a small firm. For example, the small firm scenario affords “less predictability of the business,” he says. In other words, says Schwartz, running a small firm is “more risky.”

Another pitfall of the solo and small firm environment is that, typically, attorneys receive less training before they are thrown into the fire. According to Schwartz, there is “typically less training and supervision, which can be exhilarating or disastrous, depending on the person you are and the particular circumstances of the matters you are handling.”

While certainly no one is saying Big Law is dead, there is no doubt small and solo law practices are gaining increasingly popularity among lawyers. At least that’s what Schwartz thinks. “In general, small firms help make the legal system more accessible to the general public by offering lower fees and more direct contact between attorneys and their clients. When I weighed the pros and cons of big firm life versus working in a small firm, I decided I wanted to own my own firm and control my own destiny. I have more autonomy and greater job security because I develop my own book of business,” Schwartz says.

Tami Kamin Meyer is an Ohio attorney and writer.

General Electric's general counsel's 2012 compensation package afforded him almost $11 million in cash, making him the highest paid general counsel on Corporate Counsel magazine's latest list of the nation's 100 highest paid GCs. So reports Law.com.

At $1,853,671, the average take-home pay enjoyed by the lawyers on the list this year is the highest it has ever been.

Read the full article from Law.com here.

After entering a guilty plea, John Farahi, founder of Newpoint Financial Services Inc., was sentenced to 10 years in federal prison on March 20, according to a National Law Journal story. The Beverly Hills businessman admitted his role in a $20 million Ponzi scheme and the plea could have ramifications for former Nixon Peabody securities partner David Tamman, who was found guilty for his role in the scheme.

Tamman’s lawyer, though, insists the two instances are different and “suspect the judge will listen to what we have to say and make a decision accordingly."

Read the full article from the National Law Journal here.

A Los Angeles nutrition company is locked in a legal battle with billionaire hedge fund manager Bill Ackman, who has accused the company of perpetuating a pyramid scheme. Herbalife officials said the company will up their legal defense costs from $25 million to $40 million in the wake of Ackman’s accusations, according to a Los Angeles Times article.

Ackman, who reportedly bet $1 billion the company is a sham, has said most of the company’s sales people lose money and expects the company’s shares to fall to zero.

Read the full article from the Los Angeles Times here.

Food and Drug Administration logo (Photo credit: Wikipedia)

When attorney F. Lee Bailey was indicted for mail fraud in 1973, he quoted a popular aphorism referencing the difference between how England and the U.S. treat their criminal defense lawyers.  “In England they are apt to be knighted; in the United States they are apt to be indicted.”  There is quite a bit of truth in the saying and the dangers inherent in practicing law in the U.S. are not only faced by defense lawyers.  Sensing an opportunity, the Department of Justice (DOJ) has recently set its sights on corporate in-house counsel.

In November, 2010, Lauren Stevens, a former vice president and general counsel for pharmaceutical giant GlaxoSmithKline, was indicted on federal charges of making false statements and obstructing a federal investigation.  Stevens was accused of making false and misleading statements in a series of letters to the Food and Drug Administration (FDA) on behalf of her employer.  Despite it having been obvious from the beginning that Stevens was only relaying information furnished by her client and had no intent or motive to mislead federal investigators, she was enthusiastically pursued by the DOJ.  “Where facts and law allow, the Justice Department will pursue individuals responsible for illegal conduct just as vigorously as we pursue corporations,” Tony West, assistant attorney general for the civil division, said in a statement.  It should be noted that despite the DOJ’s stated commitment to pursue corporations, GlaxoSmithKline’s name was noticeably absent from the Stevens indictment.  West continued, “Criminal charges are appropriate when false statements such as those alleged here are made to the FDA.”

Read the full article here...

Law students and pros are teaming up for a COVID-themed Pro Bono Week Celebration aimed at helping low-income clients and giving students valuable real-world legal experience. The annual event is sponsored by the American Bar Association (ABA) in conjunction with the University of South Carolina School of Law.

The awareness and advocacy week, which runs from Sunday, Oct. 25 to Saturday, Oct. 31, will culminate with a “Virtual Blitz” on Friday, Oct. 30 set to help provide free legal help for the residents of South Carolina. The theme of the week is “Rising to Meet the Challenge: Pro Bono Responds to COVID-19.”

According to the ABA, the idea for the blitz was conceived seven years ago and is traditionally an in-person event. Due to the pandemic, though, the free legal services are being offered online instead. “We did a couple of these this summer and about the only thing missing are the cookies and snacks that I made for the students and lawyers,’’ said Pamela Robinson, director of the pro bono program at the South Carolina School of Law. “We’ve had great success with our program, which we started as a way of putting students together with lawyers.”

Robinson said the virtual law clinics have been effective and will be likely to continue even after in-person events renormalize. She added, though, the remote events do not have the same ambiance as the in-person events of the past. “I’ll admit [virtual] is more cumbersome and it doesn’t have that same feel as when we are together in a room, but it works,” she said.

FROM TWITTER

LawWorks @Law_Works Oct 20

"During #ProBonoWeek: 'Pro Bono and the Sustainable Development Goals–home and abroad', 4th November 10.00 - 11.30am. With @a4id - details & registration: https://eventbrite.co.uk/e/pro-bono-and-the-sustainable-development-goals-home-and-abroad-tickets-125244153635"

The National Celebration of Pro Bono launched in 2009 as a result of increased demand for free legal services during the economic downturn. “Every October, legal organizations across the country participate in events to draw attention to the need for pro bono participation and to say thanks to those who give their time year-round. The celebration has grown from 600 events in 2009 to 1,631 in 2019,” according to the ABA.

For the blitz, which is spearheaded by the University of South Carolina School of Law Pro Bono Program and the South Carolina Bar Association, Robinson said approximately 30 lawyers and students will be paired into teams and assist clients with questions posted to SC.FreeLegalAnswers.org. Typically, users will post around 150 legal questions related to civil matters. According to the event’s organizers, the teams will not take criminal law inquiries.

The veteran attorneys participating will also guide the students in drafting model responses to frequently asked questions that can be accessed by future inquirers. “There is a little law professor in every lawyer,” Robinson said. “And they kind of like those teaching moments with the students.”

The pro bono program at the University of South Carolina is the first its kind at a law school in the U.S., notes the institution. “We believe it's important to foster the ethic of professional obligation to provide service to the public, especially to those who cannot afford legal help. The Pro Bono Program works to connect knowledge to the real world, and for almost 30 years, South Carolina Law students have been actively involved in a variety of activities in service to the community. The range of opportunities is varied and ever changing,” reads information from the school.

The intersection of law, innovation and technology has always naturally created friction, as changes to one do not necessarily accompany changes to the other. To that end, it is incumbent upon principals in the industries to constantly audit the others for the sake of the consumers and constituents who operate in those spaces.

Recently, the Rock Center for Corporate Governance, along with the Stanford Graduate School of Business and United States Department of Justice (DOJ) hosted a workshop examining one such intersection—that of antitrust law and venture capitalism. Academics, investors, legal and business experts gathered for the Wednesday, Feb. 12 event, according to Stanford University.

Makan Delrahim, Assistant Attorney General for Antitrust at the Department of Justice, touched on a broad array of challenges facing both regulators and venture capitalists, and further, what to do about them as they emerge. “In any case whether a merger is harmful, a restraint is unreasonable, or a course of conduct is exclusionary, antitrust enforcers have to ask the same question—what do we do about it now?” he asked. “In doing so, we focus on trying to restore competition in the market going forward. That often involves asking what new competitors need to thrive in a constantly changing marketplace. It is a difficult challenge, but one familiar to many investors who support early-stage companies.”

Delrahim also spoke about some of the common ground between investors and enforcers with respect to the role of antitrust regulation and the state of the industry. He said one characteristic they both share is a constant urge to prognosticate. The Supreme Court often has to, in its judicial capacity, predict how a merger will impact competition in both the near- and long-term. “We measure harm based on how the market might respond to a merger or to a course of conduct. This is not guesswork,” he said. “Neither is venture capital investment. Instead, we both look at the market, draw from economics, and make educated predictions.”

He pointed out other areas of overlap in the address: “Not only do venture capitalists and antitrust enforcers often ask similar questions, I think we share similar values. Dynamic competition should drive markets. Investment should go to the best ideas. Disruption can create consumer value,” said Delrahim. “These are the principles I have continually returned to in both of my tenures at the DOJ, and most recently as AAG. I first outlined these principles in my New Madison Approach to the intersection of antitrust enforcement and intellectual property rights. They are also part of venture capital’s DNA.”

FROM TWITTER

Thibault Schrepel @LeConcurrential

Very pleased to share "The Fundamental Unimportance of Algorithmic Collusion for Antitrust Law", published at the @HarvardJOLT. While algorithmic collusion creates no fundamental challenge, blockchain-based collusion does. Let's end the publication bias!

According to the organizers, other presenters included Michael Moritz of Sequoia Capital, Stanford Law Professor Doug Melamed and Dean Jonathan Levin of the Stanford Graduate School of Business. Melamed spoke on trends in the venture capital sector. Among some of the considerations he noted are the legal framework venture capitalists must work in, and the underlying principles of those investments. He touched on “kill zones;” investing in platform-dominated markets and monetizing data.

According to information from the Department of Justice, comments from the public are welcome. Parties are able to submit comments online through March 14, 2020, here: ATR.VCworkshop@usdoj.gov.

Attorney Carrie LeRoy started the Cyber Dignity Program in 2012 to educate teenagers on the possible legal consequences of cyberbullying, and now she hopes to take the Bay Area program national. So reports Bloomberg.

LeRoy was moved to action after a teen, who had been sexually bullied, committed suicide in Saratoga, California. LeRoy has partnered with other attorneys to spread information about cyberbullying litigation, and her program has already reached 13,000 high school students.

Read the full article from Bloomberg.

A new report from Exterro and FTI Consulting projects the e-discovery industry is going to hit $19 billion by 2023, up from $10 billion last year, as demand for technology and services is soaring.

The report also shows robust activity across the industry, noting that the number of investments, mergers and acquisitions in the space jumped from 24 to 44 between 2017 and 2018. The study, titled 'The State of E-Discovery 2019 Report,' examined the state of the emerging legal sector and highlighted trends, relevant legislation and case law.

“The challenges facing legal and e-discovery teams are broadening as the intersection of e-discovery, data security, and data privacy increases,” reads the report. “But embracing technologies and effective business processes can give legal teams exciting new capabilities to address these challenges.”

Globally, two landmark pieces of legislation, the General Data Protection Regulation (GDPR), which governs how organizations collect and use data of citizens of the European Union, and the California Consumer Privacy Act (CCPA), which has bolstered residents rights with respect to their data, are likely to be key factors influencing the direction of the industry, according to the report.

Further, 10 additional states have introduced similar legislation, and Sen. Ron Wyden (D-OR) has introduced a draft “Consumer Data Protection Act” as “a growing number of US technology giants are calling for a domestic version of GDPR.” But, striking a balance between users’ rights and protecting sensitive information may require a good deal of finesse. “Despite the major risks of non-compliance with privacy regulations, cybersecurity still remains the top concern for information governance teams,” reads the report.

From Twitter
HaystackID @HaystackID
“While the challenges of document review vary from day-to-day, six fundamental challenges appear to be common to all legal departments dealing with the discipline of #eDiscovery during document reviews.” https://buff.ly/2PSaq8i #LegalTech

Another key trend in e-discovery is an increased reliance on alternative legal service providers over law firms. According to the report, legal services providers are pulling in more money spent on e-discovery than law firms to the tune of 33% to 23%. In that vein, lawyer management of e-discovery is also down, with attorneys managing the process for only 34% of in-house legal departments, a number down 8% between 2017 and 2018.

Where Do Judges Stand?

According to the report, more than 1 in 5 judges reported feeling they should “act as an ‘active e-discovery case manager.’” As such, 56% said a separate case manager who promptly addresses issues as they arise is preferable. Another report from earlier this year found judges have reported an overall improvement in e-discovery “competence,” perhaps reducing the need to mitigate conflicts altogether. Reportedly, “lawyers who have appeared before the judges in the past year exhibited ‘an adequate level of knowledge’ 56% of the time, with only 18% lagging,” according to previous coverage of that survey from Progressive Law Practice.

Georgetown Law and Exterro Partner in e-Discovery Education Initiative

A new “legal thought leadership educational initiative” called edTalks, will feature discussions surrounding best-practices and cutting edge ideas and concepts, according information from Exterro. The 15 minute talks will be moderated by Mollie Nichols of Hogan Lovells, Nancy Patton at Exterro and David Greenwald of Jenner & Block. The next webcast is set for September 18, at 1 p.m. EST.

While much of the world has focused on the horserace between Donald Trump and Joe Biden, a winner did emerge on Election Day 2020: advocates who support the decriminalization of drugs and proponents of recreational and medical marijuana.

While a number of states had ballot initiatives dealing with marijuana, it was Oregon’s Measure 110 that pushed the envelope to new limits. “In a historic, paradigm-shifting win and arguably the biggest blow to the war on drugs to date, Oregon voters passed Measure 110, the nation’s first all-drug decriminalization measure," wrote Kassandra Frederique, executive director of the Drug Policy Alliance. “This confirms a substantial shift in public support in favor of treating drug use with health services rather than with criminalization… Last night, Oregon showed the world that a more humane, compassionate approach is possible.”

Frederique said drug possession is one of the top reasons that individuals are arrested in the U.S., and those arrests occur every 23 seconds.

FROM TWITTER

Alexandria Ocasio-Cortez @AOC Nov 4

US House candidate, NY-14

"Shout out to the hard work of grassroots organizers who successfully led a wave of marijuana legalization, expungement, & drug decriminalization efforts last night."

According to the Associated Press, the Oregon initiative will permit those arrested for possession of “hard drugs” to avoid trial and jail time by paying $100 fine and seeking help from a recovery program. The news outlet reports treatment centers will also be funded by revenue generated from legal marijuana sales, which has been collected in the state for several years.

The alliance also pointed out New Jersey, South Dakota, Arizona and Montana were added to the list of states that permit adult recreational use. Those states bring the total to 15, plus Washington D.C., that have some form of a recreational use law on the books. Further, Mississippi and South Dakota also passed new medical marijuana rules, they said.

FROM TWITTER

Foundation Inform TX @InformedTX Oct 30

"A review of studies on the impact of drug decriminalization policies found that 'legal reform was most often not associated with changes in use.'”

It is unclear exactly how new drug laws will play out long term. Many states are in the infancy of the decriminalization experiment and there are still a lot of unanswered questions. The National Institute of Justice did a study of the state of Washington’s marijuana legalization efforts and reported a “varied set of outcomes.”

“Analysis of these data found that Washington’s marijuana legalization has not had an overall consistently positive or negative effect on measured public safety indicators,” they wrote. “Rather, marijuana legalization has resulted in a varied set of outcomes, including concern about youth accessing marijuana, increased driving under the influence of marijuana, and a prevalent belief that there has been an increase in the cross-border transfer of legal marijuana to states that have not legalized marijuana sale and use.”

The report also found legalization has reduced the number of individuals processed in the criminal justice system charged with nonviolent possession, wrote the institute.

As Congress considers filling the seat vacated by late justice Ruth Bader Ginsburg—and speculation about what might happen to precedents set after Roe v. Wade abounds—prosecutors and attorneys general across the country have pledged not enforce laws criminalizing abortion.

The list of legal professionals includes dozens of attorneys from New York to California and many places in between. In a letter outlining their stance, the prosecutors point out that recently enacted restrictions across the U.S. already appear unconstitutional based on Roe v. Wade, and they will not criminally prosecute anyone associated with abortions under any circumstances.

“Many of us share those legal views, but our commitment to not prosecute women who obtain abortions and healthcare professionals who provide treatment is not predicated on these concerns alone–and, indeed, would hold even if the protections of Roe v. Wade were to be eroded or overturned,” reads the letter.

According to the coalition, Tennessee passed a “heartbeat” law in July, which if violated, comes with potential imprisonment up to 15 years and a $10,000 fine. If Roe v. Wade is overturned, “Trigger bans” placing restrictions on abortion in Idaho and Utah carry felony charges and prison time.

“Not all of us agree on a personal or moral level on the issue of abortion. And not all of us are in states where women's rights are threatened by statutes criminalizing abortion,” the letter continues. “What brings us together is our view that as prosecutors we should not and will not criminalize healthcare decisions such as these–and we believe it is our obligation as elected prosecutors charged with protecting the health and safety of all members of our community to make our views clear.”

FROM TWITTER
NPR Politics @nprpolitics

“One key takeaway from Amy Coney Barrett's confirmation hearings: they revealed little about her views on major legal issues like healthcare, abortion rights, voting rights or gun rights, as she mostly declined to answer questions on those issues.”

The signers include Attorneys General Xavier Becerra, of California, Letitia James, of New York, Thomas J. Donovan, of Vermont and Phil Weiser, of Colorado, where a reproductive rights law is on the upcoming November ballot.

The American Civil Liberties Union notes Proposition 115 would make it illegal for doctors to perform an abortion after 22 weeks of pregnancy and it claims pregnant women would be robbed “of the ability to make their own personal medical decisions without taking into consideration their personal situations.”

“With federal protections for reproductive rights now precariously uncertain, it is more urgent than ever that the states safeguard access to abortion care,” according to the advocacy group. “But in Colorado, that access is under a real, imminent threat … Prop. 115 is a one-size-fits-all mandate that fails to acknowledge every pregnancy is unique—and shows no compassion for what families face in unimaginably complicated circumstances.”

The prosecutors’ letter closes by pointing out they have discretion with respect to filing charges and notes the 50 years of legal precedent permitting abortions.

“Enforcement of laws that criminalize healthcare decisions would shatter that precedent, impose untenable choices on victims and healthcare providers, and erode trust in the integrity of our justice system,” reads the letter. “To fulfill our obligations as prosecutors and ministers of justice to preserve the integrity of the system and keep our communities safe and healthy, it is imperative that we use our discretion to decline to prosecute personal healthcare choices criminalized under such laws.”

The Office for Victims of Crime (OVC) issued more than $1.8 billion in awards to organizations across the country supporting victims, the Justice Department announced. The funds were disbursed to state assistance and compensation entities focused on aiding victims in the near-term, right after a crime, and in the long-term as they work toward rebuilding their lives.

“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr, in a statement. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”

The OVC is a wing of the Office of Justice Programs (OJP) and its keynote grant program is supported by the Crime Victims Fund, according to the department. A vast majority of the funding is used to support “local direct service programs” including those aiding domestic violence victims, children, rape victims, victims of human trafficking and the elderly. Civil legal services, victims’ assistance personnel in prosecutors’ offices and victims’ rights enforcement agencies are also supported by the funding.

“Building on the historic amount of victim assistance and victim compensation funding awarded last year, these new awards have the potential to alter the landscape of the victims’ field, putting services and support within reach of every crime victim in America,” said Katharine T. Sullivan, OJP's principal deputy assistant attorney general. “Backed by an Attorney General whose commitment to crime victims is second to none, we are proud to make these resources available to help meet the emotional, psychological and financial needs that victims face in the aftermath of crime.”

FROM TWITTER

OJP OVC @OJPOVC Oct 5

"Meet the 2020 National Crime Victims’ Service Awards recipients recently honored by Office for Victims of Crime Director Hart and @OJPgov and @TheJusticeDept leadership during a private, virtual event."

The grant funding comes in conjunction with Domestic Violence Awareness Month, an annual push each October to combat domestic violence and educate victims and their loved ones about outlets for relief. According to the National Domestic Violence Hotline, this year has presented particular challenges for survivors of domestic violence as isolation intensified and access to resources and support are cut off.

“Amid the pandemic, the National Domestic Violence Hotline has worked diligently to continue to provide essential safety planning, validation and connection to local resources for survivors,” reads information from the resource. “The Hotline continues to raise awareness of the increased risk to domestic violence survivors during this time, and enhance public education on how they can best support survivors in their networks. During stay-at-home orders, survivors were in closer proximity to their abusers for longer stretches of time.”

The hotline also released a special report highlighting the impact COVID-19 had on victims of domestic violence during the pandemic’s onset from mid-March to mid-May. During that time, stay-at-home orders were widespread, and according to information from advocates, contact volume increased 9% compared to those same months in 2019.

“While the pandemic has brought new challenges to people across the country, especially survivors, we can all take action to end domestic violence. Uplifting survivors’ voices, advocating for lifesaving resources, and reaching out when friends or loved ones are in trouble will help us build a world without domestic violence,” said Katie Ray-Jones, CEO of the National Domestic Violence Hotline. “When we educate ourselves and others about domestic abuse, we equip communities with knowledge and confidence to end violence.”

Mental health in the legal industry will take center stage as several wings of the American Bar Association (ABA) are hosting early October events in honor of Law Student Mental Health Day.

On Thursday, Oct. 8, the Law School Division and Commission on Lawyer Assistance Programs (CoLAP) will feature law professor and author Rhonda Magee to talk about the power of “mindfulness” with respect to practicing law. Magee, who wrote “The Inner Work of Racial Justice: Healing Ourselves and Transforming Our Communities Through Mindfulness,” will discuss her work during a 4:30 p.m. EDT webinar entitled “Exploring the Intersection Between Racial Justice, Social Activism and Mental Health.”

“This year has been filled with challenges and stresses, and the webinar is an opportunity to recommit to personal well-being,” according to the ABA. It further notes that Magee will “offer tips for focusing awareness on the present moment, while acknowledging and accepting feelings, thoughts and sensations, to maintain mental health.”

On Friday, Oct. 9, a second event at 1 p.m. will feature law experts workshopping “practical strategies” students can utilize alongside the ABA, their respective law schools and state boards of examiners. That workshop will include:

• Jordana Confino, of Fordham Law School, and author of “Where Are We on the Path to Law Student Well-Being”
• Janet Stearns, Dean of Students at the University of Miami School of Law
• David Jaffe, Associate Dean of Student Affairs at Washington College of Law, American University

Finally, on Saturday, Oct. 10, the trade group will engage in a “Social Media Hashtag Campaign” to promote mental health and overall wellness. It will be "a day of well-being. Each and every one of us can up our commitment to make the time to move around, whether outdoors or indoors, and stay healthy. Choose your activity, and post a picture using the hashtags #LawStudentWellness and #ABAMentalHealth,” reads information from the ABA.

FROM TWITTER

Cincinnati Law Student Affairs @UCLawStudentAff

"Next week is Law Student Mental Health week! We have terrific programming planned via @ABACoLAP, @abalsd, @legallymindful, and more, so stay tuned! #lawstudentwellness #ABAmentalhealth #bewelluclaw"

According to information from Enjuris, mental health statistics from Harvard University paint a sobering picture of mental health struggles facing law school students. They report 25% of law school students have depression, 24% suffer from anxiety and 20% are at a heightened risk of suicide. Perhaps even more alarming, the report shows two-thirds of those with mental health issues said they began as a result of being in law school.

“The rigors of law school are undeniable,” according to Enjuris. “Law school has a constant feeling of competition: You’re competing with your peers for your class rank and spots on the prestigious extracurricular activities, and you’re competing with countless other law students for internships and job opportunities post-graduation.”

The ABA offers a bevy of resources aimed at dealing with mental health issues. Those topics deal with issues ranging from substance abuse to suicidal thoughts, depression, anxiety, and even ways to deal with stressors related to the COVID-19 pandemic.