The 2021 Report on the State of U.S. Small Law firms explores the challenges solo and small lawyers are facing and the solutions they are pursuing to best prepare their practices for the future. From the continued challenges small firm lawyers face developing new business, to the increasing difficulties posed by the administrative burden of running a legal practice, this report highlights how the leaders of small law firms are overcoming these obstacles to build successful businesses.

In this report, you’ll learn more about:

• How supportive firms are changing how they deliver legal services.
• The ways firms are attempting to take advantage of the digital economy
• How marketing and business development challenges are forcing firms to act

'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.

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...

How does content support the business goals of a law firm? While thought leadership and industry news is helpful for your clients, a strategic content marketing plan can help you achieve a variety of goals. From lead generation to social engagement, the objectives are up to you.

Three Steps to Content Marketing Success

• Goal Setting
• Understand Your Audience
• Measure Your Success

The American Bar Association has begun the piecemeal release of its ABA TechReport 2021, which takes a comprehensive look into how lawyers use technology in their everyday practices.

The first segment of the report was released on Wednesday, Nov. 10. In total, the publication will provide observation, analysis and predictions on a number of topics from leaders in the legal tech space, according to the trade association.

The report will be separated into eight different segments with the first portion of the report focusing on cloud computing. One area of particular note is with respect to data protection while engaging with the cloud.

“The 2021 Survey highlights a major concern that, while lawyers talk the talk about security concerns in cloud computing, to a shocking degree they do not walk the walk,” reads the report. “The poor results in the cybersecurity category should be a major concern for the legal profession. If you take only one thing from this TechReport to add to your 2021 technology agenda, it should be to up your game on cloud security, for your sake and, even more so, for the sake of your clients.” 

From Twitter

Digital Legal Lab @SectorplanDLS Nov 6

"There’s still time to submit your abstract for Digital Legal Talks 2021! We welcome published & unpublished work on law & digital technologies from interdisciplinary perspectives. More info & get involved here https://sectorplandls.nl/wordpress/digital-legal-talks-2021/"

Among some of the other topics covered in the report, which was compiled by the ABA Legal Technology Resource Center, include the impact of COVID-19, budget allocations and employee wellness.

For example, according to information in the survey, 26% of respondents reported a decrease in access to print materials as a result of the COVID-19 pandemic. This decrease was most obvious in firms of 100 or more, as 44% of attorneys in those firms reported a decline in access to print materials. Only 4% of those asked reported an increase in access to print materials, notes the tech resource center.

Further, the report also indicates law firms have increased their attentiveness to technology, and as such are budgeting for it at a higher clip than ever. The report points out 65% of firms are now setting aside funding for technology, while that number was only 62% in 2020, 60% the year before and even lower in 2018. As has been the case traditionally, larger firms tend to be more inclined to budget for technological changes than smaller ones.

According to analysis from technology consulting and research firm Gartner, in-house legal departments have been hesitant to shift toward new technological paradigms like automation, but COVID-19 might have accelerated the need to adopt such changes.

“The new pressures brought about by the coronavirus pandemic certainly have acted as a catalyst for this shift,” said Zack Hutto, a director at Gartner. “Legal and compliance teams have rarely been frontrunners to modernize, digitalize and automate. The pandemic has flattened staffing budgets and increased legal workloads; technology is the most obvious solution for many legal departments.”

From Twitter

MarkUpgrade @markupgrade
"With the pandemic legal companies are seeking more innovation to enhance efficiency and decrease costs, hence turning to technology. Check out the #naming choices of the top players in the #legaltech sector
https://t.co/Xg4fEzAPWL?amp=1"

According to information from the ABA, the remaining segments of the report will be posted on Wednesdays through Dec. 29. The other topics are as follows:

• “Websites & Marketing”
• “Practice Management”
• “Budgeting & Planning”
• “Technology Training”
• “Solo & Small Firm”
• “Cybersecurity”
• “Life & Practice”

There’s no better time than now to sit down and plan for success. Law firms like yours need actionable steps and clear attainable business goals to achieve success and facilitate the growth of your business. 

Download FindLaw’s 2022 Law Firm Business planner today, in digital format.

Established in 2011 with seven staff, California-based employment law firm LightGabler has always been a very “tech-forward” firm — in fact, it has operated entirely paperless since its first day in operation. Today, it has 17 attorneys and a total team of 26 providing day-to-day employment advice and complex litigation counsel (in both federal and state courts) to businesses of all sizes and in all sectors. Since the firm’s inception it has been using ProLaw®, the comprehensive business management solution from Thomson Reuters, hosting it in the cloud.

LightGabler’s founders were already familiar with ProLaw, having used it successfully at the large firm where they previously worked. Running on relatively lean staff numbers, it was important to implement one solution that LightGabler could use for all of its practice management and matter management needs, including billing, timekeeping, accounting, reporting, contacts management, conflicts checks, and document control.

"I wanted a practice management program that can do it all, and I think ProLaw is the leader in that regard"

Jody Toerner, Executive Director

“ProLaw is an all-inclusive option and that’s key for us,” says LightGabler’s Executive Director Jody Toerner, who is responsible for all of the firm’s IT and accounting as well as its general operations. “Whereas some firms are running several different programs at once for different things, we have everything in one place, making it easy to use and saving us time. We don’t need anything else.”

For example, LightGabler uses ProLaw to create a database of contacts that can be seamlessly linked into client matters. It uses it as a virtual filing cabinet for client documents and emails — which is fully searchable — and as a repository for master documents. All pre-bills are edited and invoices tracked through ProLaw. Timekeeping reports can be run, detailing billable time and expenses. Accounting reports are converted into PDF format for review or into Microsoft® Excel® spreadsheets for data manipulation. The firm even cuts all of its checks through ProLaw.

The importance of interconnectivity

Toerner appreciates this wide scope of features and functionality, but just as importantly, she likes how interconnected the different parts of the system are and how they work together as a whole.

“ProLaw has a ton of bells and whistles, and even as an extensive ProLaw user myself, there’s still more to learn,” says Toerner. “That said, it’s so easy and efficient to maneuver around. One of the best things is the ability to “hot-key” directly into specific areas, without having to continually open new windows. So, if I’m in a matter and I want to know what a client owes us, I can just hit the ledger button and see the information instantly. Or a user can hit the timekeeping button and enter billable time from wherever they are in the system or in email. That’s genius.”

The integration between ProLaw and Microsoft Outlook® is one Toerner says is particularly valuable. She explains that attorneys like the ability to save emails into ProLaw, creating real-time visibility on matter status within the system, all the while enabling emails to stay “live” in Outlook so that those conversations with clients and contacts remain open.

With so much functionality available, it’s useful to be able to customize what options are available to users in ProLaw. For instance, LightGabler finds it helpful to minimize the list of fields that attorneys can choose from when managing their matters, so they are only viewing the ones they may need. The firm also implements customized settings around who can access its accounting data for security reasons. Toerner makes the point that it is possible to experiment with customization without fear of inadvertently causing problems that could impair the smooth running of the system.

"Being able to access such a comprehensive system from anywhere, on any device, is a huge benefit."

Jody Toerner

Talking in the cloud

Interconnectivity and integration also matter greatly when it comes to operating ProLaw in the cloud. Streamlined, remote accessibility allows attorneys to view documents and work on matters in ProLaw from anywhere, at any time, from any device. This “talking in the cloud,” as Toerner calls it, had always mattered to LightGabler, but it took on new meaning when the coronavirus pandemic hit, forcing firms to shift to remote working. Having ProLaw in the cloud meant that LightGabler was well positioned when this happened: its attorneys were already working this way; now paralegals and support staff also started to access ProLaw remotely.

“We’ve been very busy since the start of COVID-19, but we’ve had no downtime at all in terms of our ability to provide services to clients, because we had ProLaw set up in the cloud,” says Toerner. “I know that some other firms that hadn’t taken the leap into the cloud have really struggled.”

When the firm moved its cloud hosting provision to LevelCloud, with whom ProLaw has partnered since 2019, Toerner describes this as a game-changing moment. Its seamless integration with ProLaw was the main motivation for LightGabler to move from its previous cloud-hosting provider to LevelCloud. “I was thrilled when ProLaw opened the gates to LevelCloud to enable their servers to work together. We switched to LevelCloud and haven’t looked back,” she says.

Another reason for LightGabler’s choice of LevelCloud was that it wanted a private cloud-hosting solution, rather than being on a shared server with other firms. Toerner feels totally secure with having all of the firm’s files in the cloud. She notes that other firms are likely to have to follow suit sooner or later, given that “this is the way the world is moving.”

As proof of the power of such a shift, Toerner points out that her firm comprises users aged between 25 and 81 — and that the eldest is one of the solution’s biggest proponents. “Younger staff are great at coming up with ideas and questions about what ProLaw can do, and our 81-year-old attorney raves about it,” says Toerner. She understands technology can sometimes be a source of frustration in law firms if it fails to help attorneys operate more efficiently and effectively, but Toerner has no such concerns here. Overall, users seem very satisfied with ProLaw being hosted in LevelCloud.

Cost-effective systems and support

Having ProLaw hosted in the cloud removes the need for costly in-house servers or IT support, saving the firm tens of thousands of dollars per year. “When you map out all the costs involved in having local servers and IT support — and in running a variety of programs for different needs, like timekeeping and contacts management — there are huge cost savings to be made from having one externally maintained, all-inclusive program and one vendor,” says Toerner. ProLaw does all the software updates and maintenance and Toerner has one direct contact at LevelCloud who liaises with ProLaw to troubleshoot any back-end issues that arise.

That takes a huge amount of pressure off Toerner personally in terms of ensuring the firm’s critical technologies are well supported. As well as saving on costs and complexity, using an external hosting provider means that, rather than just having one internal member of support staff available to help a large group of users, the firm can have several specialists advising individuals all at the same time.

Training is relatively straightforward and is conducted internally by Toerner herself, who estimates that most people become fully comfortable with using it within a month. “It’s easy to teach people how to use ProLaw, and once they get going, they’re fine,” she says. “Most people wouldn’t want to go back to a paper-based system, and I certainly wouldn’t. We want to move with the times, and ProLaw enables us to do that. I’d recommend it for sure.”

LightGabler’s future plans for using ProLaw even more extensively include increasing the amount of report customization it undertakes and using the document assembly tool, which is the only component of ProLaw that the firm does not currently deploy. “Being able to click on a couple of buttons in ProLaw to create a template letter, for example, that can just be filled in — that would be a major time saver for us,” says Toerner. “We do everything else in ProLaw, that’s all that’s left.” 

LightGabler

LightGabler advises businesses across California on employment issues, employment and business litigation (including complex class, collective, and representative actions), intellectual property, and unfair competition. Its offices are in Camarillo in Ventura County.

Business challenges

Operating a paperless office, LightGabler needed a holistic solution that could meet all of its practice management needs, but one that worked effectively and efficiently in the cloud, enabling anywhere, anytime accessibility.

Why ProLaw

ProLaw delivers a comprehensive array of features and functionality all in one place. Critically, everything works together smoothly, with users able to “hot-key” quickly to different areas of the system. Its seamless integration with Microsoft Outlook and LevelCloud was another major plus.

Benefits

• All-in-one solution with extensive features and functionality
• Fast, efficient maneuverability around the program
• Makes processes like timekeeping and billing easy
• Interconnects with Microsoft Outlook and cloud-based service providers
• Remote accessibility, with no need for internal servers or IT support

A new white paper from FTI Consulting shows general counsels are generally leery heading into 2022 as a majority have reported numerous concerns about risk management and mitigation.

The new paper, which was released in conjunction with software firm Relativity, shows that fully 60% of general counsels surveyed indicate concern over “mounting risks.” The paper represents the first leg of a three-part series entitled 'The 2022 General Counsel Report: Leading with Endurance Through Risk, Culture and Technology Challenges,' which is aimed at addressing issues likely to thwart general counsels in the near future.

“Previous General Counsel studies revealed that the trials from the past two years were critical in preparing legal teams with the endurance needed to face a myriad of emerging expectations and challenges,” according to the authors. “In this year’s GC Report, we explore three critical areas that will soon dominate time and resources: risk, culture and technology.”

Among the long list of challenges facing legal departments that are addressed in the paper are:

• The wake of the COVID-19 pandemic
• The “tremendous” technological, societal and governmental changes 

From Twitter

ALM Events @ALMEvents Nov 30

"Join us at Legal Week 2022 where you will hear from 300+ speakers such as Managing Partners, General Counsel, Chief Information Officers, Chief Technology Officers, Chief Marketing Officers and more. Register today: https://bit.ly/3wxk55M #LegalWeek22"

According to the paper, one general counsel pointed to employee retention, engagement and responsiveness as issues that have become prohibitive and pervasive. Similarly, cybersecurity, data privacy and data protection are also on the minds of many legal pros. And newly appearing in this year’s assessment of areas of expanding risk are “technology modernization” and “compliance and regulation.”

Legal software provider Clio, citing a 2019 study from the American Bar Association, indicates more than one-quarter of law firms have experienced a data breach in one form or another due to sensitive data they often have on hand.

“There are a lot of unknowns. The sources of data are so disparate, and it is hard to track what comes into a company’s system. It is more confusing than email. Some of those systems are not fully aligned with a company’s system,” said one respondent. “For example, where do comments from a company’s Facebook page live. Often, this is an afterthought.”

From Twitter

General Counsel News @GenlCounNews Nov 29

"How to give yourself more time to focus on billable work with the help of automation technology https://gc-news.com/3nuA5CL #lawtwitter #legaltech"

General counsels are going to need to prepare for a long, bumpy ride before the difficult environment eases up, though, argues the white paper.

“For the GC, endurance is now the name of the game in leadership,” reads the report. “Endurance is described as the ability to exert energy and remain active over a long, sustained period of difficulty or unpleasantness while at the same time resisting, withstanding and easily rebounding from trauma or fatigue. It’s a quality that isn’t developed overnight, but rather requires prolonged training, discipline, practice, strength, steadiness and patience.”

According to FTI Consulting and Relativity, part two of the white paper report, “Culture Development and Team Management,” is expected to be released in January.

From racially charged shooting cases to overturned rape charges, here are some notable verdicts from November.

Most National Verdict: Ahmaud Arbery Murder Case Comes to a Close

The three men accused of murdering Ahmaud Arbery, a Black man who was seen running through a Georgia neighborhood, were found guilty, according to an article from ABC News. Travis McMichael, the white man who shot Arbery, along with his father Gregory and their neighbor William “Roddie” Bryan were each convicted in the February 2020, racially charged case. The men face a potential sentence of life in prison.

Most Debated Verdict: Rittenhouse Case Draws Criticism, Support from 'Armchair Pundits'

The “not guilty” verdict in the Kyle Rittenouse-Kenosha shooting case has sparked enormous debate among experts and non-experts alike, according to an article from Forbes. Notably, as the trial played out in the courtroom, many took to social media to hash out their opinions in what turned out to be one of the most contentious “trials of public opinion” in recent years. Further, some speculated it was nearly impossible to conduct a “fair” trial considering how intense the public reacted to the incident.

Most Overturned Verdict: Alice Sebold’s Convicted Rapist Cleared After Judge Finds Massive Flaws in 1982 Conviction

The conviction of the man who spent 16-years in prison for the rape of acclaimed author Alice Sebold was overturned after authorities identified “serious flaws” in his prosecution,” according to an article from Today. Anthony Broadwater was accused of raping Sebold while she was a Syracuse University student in the early 1980s. Sebold recounted the events of her attack in the 1999 memoir “Lucky.” She had not responded to inquiries about the news as of press time.

Most Split Verdict: Jury Hands Down Mixed Verdict in 2017 'Unite the Right' Rally Case

The nine individuals who were injured during the 2017 Charlottesville, Virginia “Unite the Right” rally will be eligible for compensation, according to an article from CNBC. However, the jury did not find the defendants, who have been described as “white supremacists” and “neo-Nazis,” engaged in activities that rose to the level of “conspiracy to commit violence” under federal statute. The defendants argued their case based on constitutional First Amendment rights.

Most Delayed Verdict: Real Madrid Forward Karim Benzema Set to Appeal Suspended Sex-tape Blackmail Verdict

Soccer forward Karim Benzema, who has played for Real Madrid and France, was handed a 1-year suspended sentence and a US$116,500 fine after being found guilty for his involvement in a 2015 sex-tape blackmail scandal, according to an article from the Nine’s Wide World of Sports. Benzema was accused of being involved in a plot to blackmail teammate Mathieu Valbuena. The star player’s lawyers said they are planning to appeal the verdict.

The American Civil Liberties Union (ACLU) is suing officials in Horn Lake, Mississippi after applicants planning the city’s first mosque were denied due to “majority rules.” The lawsuit was filed against the City of Horn Lake, its Board of Aldermen and its Planning Commission.

The accusations levied against the city are weighted, as the advocacy group said comments from one alderman “ominously warned, ‘if you let them build it, they will come.’”

The lawsuit comes in the wake of a denial to approve the site plan for the Abraham House of God earlier in the year. According to the ACLU, the application was denied despite the property being zoned specifically for religious houses of worship and the city staff having found the application met or exceeded requirements.

“There are 13 churches in Horn Lake, Mississippi. But there are no mosques, and there never will be if city officials get their way,” reads the announcement from the ACLU. “This type of bigotry has no place in our government.”

The crux of the lawsuit hinges on the applicants' First Amendment rights as well as and the Religious Land Use and Institutionalized Persons Act, designed to offer legal protections for places of worship with respect to local zoning applications, notes the ACLU.

The ACLU of Mississippi and the law firm Simpson Thacher & Bartlett LLP are also helping represent plaintiffs Maher Abuirshaid and Riyadh Elkhayyat in the federal lawsuit. The clients have been traveling to Tennessee to worship at a neighboring mosque approximately 35 to 40 minutes away, notes the group.

From Twitter:

Institute for Social Policy and Understanding @TheISPU Jun 2

"More than a quarter of mosques met resistance by the city zoning board or the neighborhood when the mosque has to seek permission to build, move, or expand. In their comments, most mosque leaders mentioned that most of the resistance came from the neighborhood. #mosquesurvey"

Meeting minutes from the Feb. 22, 2021 meeting of the city’s planning commission illustrate the opposition to the application.

Among some of the concerns raised during the public comment period include increased traffic from the development, fears the expansion will include taking private land, a lack of compatibility with the city’s Comprehensive Plan, the potential for loudspeakers to blast prayers at 3 a.m. and concerns the mosque will “dry up” business.

The ACLU has been involved in a number of cases involving planning and zoning issues associated with local mosques. In May, the advocacy group said it believes practical considerations like traffic, noise and parking are often used to mask “anti-Muslim sentiment.”

At one point during the meeting, the record shows at least one commissioner urged the board to deny the application with a more specific rationale than was ultimately landed upon, but that request was ignored.

“Being no more speakers, [Commissioner Larry Ray] makes a motion to deny the application based on ‘majority rules,’” reads the February minutes.

“Chairman Klein points out that perhaps safety of the community regarding traffic should be the reason for denial, but [Commissioner] Ray does not amend his motion. Commissioner Englke seconds. The motion to deny passed unanimously.”

A copy of the lawsuit is available here.

The American Bar Association (ABA) is making a concerted effort to bolster legal services to those who might not be able to afford them during its second annual Giving Day.

This year, ABA Giving Day will take place Thursday, Oct. 28 during a week-long National Celebration of Pro Bono. According to the legal trade group, the day is aimed at raising awareness and support for 16 different public service, education and policy program areas.

“This second ABA Giving Day promotes even more different ways to help ensure a just society by giving lawyers an opportunity to donate charitable dollars to address the urgent social issues of today,” said ABA President Reginald Turner, in a statement. “A gift of money will greatly support these efforts. We also call upon lawyers across the United States to give 10 hours or more of pro bono work before the end of the year to ABA or other worthy causes.”

The initiative is being spearheaded by the ABA Fund for Justice and Education (FJE), notes the group. Some of the specific initiatives being promoted this year include:

• “Protect Children’s Rights and Family Integrity”
• “Legal Solutions to End Homelessness”
• “Strengthen Civics Education Among Students”
• “Advance Civil Rights and Social Justice for All”
• “Legal Service to Military Personnel”
• “Rebuild Lives and Communities with Free Legal Services”
• “Deliver Disaster Legal Services to Impacted Communities”
• “Ensure Survivors Have a Voice in the Justice System”
• “Inspire the Next Generation of Diverse Attorneys”
• “Foster a Judiciary That Better Reflects Society”
• “Offer Free Tax Assistance to the Underserved”
• “Provide Pro Bono Legal Assistance in Capital Cases”

From Twitter 

South Jersey Legal Services @SJLSTweets

"The Burlington County Bar Association Lawyer Referral/Pro Bono/Legal Services Committee has set its meeting dates on Wednesdays at 3:30 pm via Zoom - November 10th, February 23rd, and May 18th. If you want to be a part of this committee, please 856-964-2010 ext. 6229 #probono #nj" 

Other organizations have put an emphasis on charitable work in recent weeks as well. The California Lawyers Association announced it made a nearly $275,000 charitable contribution through its California Lawyers Foundation (CLF) to help support programs that provide pro bono services and support justice, diversity and inclusion in the legal field.

“The California Lawyers Foundation was founded to further access to justice and civics education initiatives, and to increase diversity and inclusion in the legal profession,” said Ellen Miller, CLF executive director. “Each organization is working diligently to make a meaningful difference in our state, and we know that our funding will advance their ability to serve even more individuals and make a greater impact.”

The CLF funding was dispersed to the Legal Access Alameda for Disaster Legal Services Cooperative, the California Project Directors Association and the Legal Education Access Pipeline. “This is a pivotal time for our state, and there are few organizations driving change as effectively as the three organizations receiving our support” said Heather Rosing, CLF president. “The work of each organization both aligns with our mission and helps serve the varied needs of California's citizens.”

Additionally, other pro bono opportunities can be found at https://www.probono.net/.