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

Dean Erwin Chemerinsky has set an ambitious agenda for the upcoming year as he was recently selected to take over as president of the Association of American Law Schools (AALS). As many have expressed macro concerns about problems like global warming and the direction of American democracy, Chemerinsky comes into his new role challenging law schools to meet those problems head on.

“I am very excited about the year ahead and have chosen the theme, ‘How Law Schools Can Make a Difference’ for 2022 and the 2023 AALS Annual Meeting. Our society and the world face enormously difficult problems: threats to democracy and the rise of authoritarianism, climate change, great wealth disparities, and racial inequalities. Law schools can and must play an active role in finding solutions,” Chemerinsky said.

Chemerinsky, who serves as the dean of the University of California, Berkeley School of Law, will take over for 2021 AALS President Vincent D. Rougeau, who is the president of the College of the Holy Cross and a professor at Boston College Law School, according to the organization. He will continue to serve on the AALS Executive Committee.

The abysmal approval ratings for President Joe Biden, former President Donald Trump and the Supreme Court were among the many concerns Chemerinsky hopes to address as he steps into his new role, notes the announcement from the Berkeley School of Law highlighting Chemerinsky’s selection.

“I have been teaching for over 40 years and I never have seen my students so discouraged,” Chemerinsky said. “They see a country that has lost faith in the institutions of government… a political system that is broken.”

From Twitter

Vardan Law @VardanLaw Dec 31, 2021

"Dean of U of California Berkeley School of Law weighs in on the most important Supreme Court cases of ‘21 including “Brnovich v. Democratic National Committee, which greatly weakened the protections of the Voting Rights Act of 1965.” #FreedomToVoteAct https://t.co/KhxZKlDYZD"

It is for these reasons Chemerinsky plans to focus his term on solving the big-ticket items pressing down on American society. As Berkley points out, Chemerinsky has long been a believer law schools have both the ability and obligation to affect positive change. And he has long been active in helping to facilitate those changes.

According to the school, Chemerinsky was twice named “the most influential person in U.S. legal education” by National Jurist and has been an active member of the AALS in for decades. “The only thing about which there seems to be a consensus is that American society, and the world, are facing unprecedented dangers,” he said. “My hope is that all of us, liberal or conservative, can agree that change is essential and that law schools should make a positive difference.”

In addition to the elevation of Chemerinsky to president, Mark C. Alexander, the dean of Villanova University Charles Widger School of Law has been chosen to serve as president-elect. Further, Kevin Washburn, the dean of the University of Iowa College of Law and Eloisa Rodriguez-Dod, the associate dean for academic affairs at Florida International University College of Law, will sit on the AALS Executive Committee, notes the organization.

As is often the case, many laws passed during a given legislative session do not go into effect until the beginning of the next year. In 2021, we saw a slew of new laws aimed at addressing hot-button, high-profile issues like criminal justice reform, workplace discrimination and appropriate uses for marijuana.

According to a review of those major changes from the American Bar Association (ABA), some of the states with notable changes in those areas include Texas, California and Tennessee and Illinois.

For example, in the Land of Lincoln, all law enforcement agencies serving cities and large counties must adopt body camera policies for their officers. Smaller departments, notes the ABA, will be required to phase-in those requirements over a period of three years.

Criminal justice reforms have been an especially hot topic in Illinois, and the state Senate’s Black Caucus advocated fiercely for a package of bills to address police-public relations and what it argued amounted to systemic racism in the state.

“This historic moment is the result of a monumental effort on the part of countless people, from those who testified during the 30 hours of public hearings on these issues, to those who have pushed for some of these reforms for years, and especially to the Illinoisans who signaled their support,” said Sen. Elgie Sims, one of the advocates for reform in the state. “I thank them for lifting up their voices and never giving up, and I thank Gov. Pritzker for making these measures the law of the land. The journey continues.”

From Twitter

Lake & McHenry County Scanner @LMCScanner Jan 1

"Nearly 300 new laws went into effect on January 1 in Illinois, some of which include a minimum wage increase, a police body camera requirement and prosecutors being allowed to reduce suspects’ prison sentences."

Other changes to police procedure, resource allocation and training were also included in a package of bills passed earlier in the year, notes the caucus.

“The caucus’ ultimate goals are to cultivate and support good police officers, ensure that reducing violence and de-escalating conflicts are at the forefront of every encounter between the police and the public, and to address some of the core problems that police often respond to–like substance abuse and mental health crises.”

Other changes from around the nation, per the ABA, include:

• Tennessee’s Parole Board will no longer be able to deny parole for individuals who did not attempt to bolster their vocational skills or education due to the length of the waiting lists for those programs.
• Arkansas enacted a new rule beginning Thursday, Jan. 13, requiring individuals to serve “at least 80% of their sentences” without parole eligibility if they committed serious, violent felonies.
• California criminal juries will have new procedures for selection as “peremptory challenge to remove a prospective juror on the basis of the juror’s race, ethnicity, gender, gender identity, sexual orientation or perceived membership in any other protected group” will be barred.
• California also will prohibit restraints risking the suffocating of a suspect, and police will be barred from using tear gas or rubber projectiles in non-life-threatening situations.
• Texas employers will be prohibited from inquiring about an applicant’s job history on most initial applications.
• Oregon changed its anti-discrimination rules to include “natural hairstyles as a protected characteristic.”

From Twitter

OPB @OPB Jan 1

"The CROWN Act is officially in effect in Oregon. It’s now illegal in workplaces and education institutions to discriminate against Black people for their hairstyles. Read @llmiller12’s previous report on the law: https://t.co/0BfhI3pzxA"

Further, Montana enacted a new law prohibiting employers from discriminating against workers who legally use marijuana during non-work hours, and the city of Philadelphia will prohibit employers from requiring prospective hires from undergoing marijuana testing as a “condition of employment” in most cases.

Attorney General Merrick Garland touched on several key themes dominating headlines in recent months, among them violent crime and the rule of law, during his remarks to dozens of state attorneys general during their annual Capital Forum.

As such, Garland laid out his three-part vision for the Justice Department to the National Association of Attorneys General (NAAG), where he discussed the direction of his department and its place in the broader legal landscape. “Since I was sworn in as Attorney General in March, I have set out three co-equal priorities that should guide the Justice Department’s work: upholding the rule of law; protecting civil rights; and keeping our country safe,” Garland said.

Garland also discussed the importance of working together to tackle complex legal challenges and pointed to antitrust enforcement as a natural area of cooperation between the state’s law enforcement agents and his federal department. During his remarks, he noted the rich history of cooperation between his office and the state attorneys and also emphasized the importance of their continued collaboration.

“In 1907, Attorneys General from across America–from Minnesota to Mississippi, from Colorado to Massachusetts–joined together in Missouri to form this association. Its mission was to devise a coordinated strategy to deal with the largest corporate monopoly of the day: Standard Oil,” said Garland. “ …Our cooperation remains essential today, as we see anticompetitive practices deployed in a wide range of industries–from agriculture to pharmaceuticals to tech–practices that are similar in many ways to those that led to the founding of this association 114 years ago.”

From Twitter

IL Attorney General @ILAttyGeneral

"This morning, I joined @KristenClarkeJD and Wyoming AG Bridget Hill at the @NatlAssnAttysGn Capital Forum to discuss the most pressing civil rights issues facing our country. We also explained the relationship between AG offices and the @TheJusticeDept.Thank you for having me!"

Garland also addressed what he called the “five key shared challenges” facing the Justice Department and state attorneys. Those challenges, as listed, are as follows:

• Combatting domestic and foreign terrorism
• Mitigating increasingly complex cyber threats
• Addressing violent community crime
• Addressing the criminally driven overdose epidemic
• Protecting democratic institutions

According to information from the NAAG, other speakers at the forum included Karl A. Racine, the attorney general for the District of Columbia and the president of the NAAG, along with several attorney’s general from around the country as well as other federal and local legal experts.

The event was held from Monday, Dec. 6 to Wednesday, Dec. 8 at the Capital Hilton in Washington, D.C. Garland, however, addressed the cohort remotely.

Ultimately, the attorney general drove home the message that protecting Americans is the primary function of the criminal justice system. “Keeping the American people safe is one of the Justice Department’s most important responsibilities, and our ability to fulfill that obligation depends on our cooperative efforts with all of you. We are grateful for your partnership,” said Garland as he wrapped up his remarks.

To read his entire address, see here.

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.