Post on 21-Feb-2017
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The Whole Lawyer: Honoring Commitment
Seven Steps to Going Solo
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Instructors
Joshua Lenon• Lawyer in Residence at Clio• Attorney Admitted in New
York• @JoshuaLenon
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Instructors
Alli Gerkman• Director, Educating
Tomorrow's Lawyers• Attorney Admitted in
Colorado• @AlliGerkman
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Agenda
• Foundations for Practice study (15 minutes)• Honor commitments (40 minutes)
–Diligence• Have a strong work ethic and put forth best effort• Attention to detail• Arrive on time for meetings, appointments, and hearings
• Questions (5 minutes)
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FOUNDATIONS FOR PRACTICE STUDY
9© 2016 IAALS – Institute for the Advancement of the American Legal System.
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Alli GerkmanDirector, Educating Tomorrow’s Lawyers
10© 2016 IAALS – Institute for the Advancement of the American Legal System.
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www.foundationsforpractice.com
Twitter: @AlliGerkmanEmail: Alli.Gerkman@du.edu
11© 2016 IAALS – Institute for the Advancement of the American Legal System.
40%Percentage of 2015 law graduates who did not land full-
time employment requiring bar passage
Credit: ABA Employment Survey
12© 2016 IAALS – Institute for the Advancement of the American Legal System.
30%Percentage of 2015 law graduates who did not land full-
time employment recognizing law degree
Credit: ABA Employment Survey
13© 2016 IAALS – Institute for the Advancement of the American Legal System.
25%Percentage of 2015 law graduates who did not land full-
time employment (including professional and non-professional)
Credit: ABA Employment Survey
14© 2016 IAALS – Institute for the Advancement of the American Legal System.
71%Percentage of third-year law students who believe they
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
15© 2016 IAALS – Institute for the Advancement of the American Legal System.
45%Percentage of law professors who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
16© 2016 IAALS – Institute for the Advancement of the American Legal System.
23%Percentage of practitioners who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
17© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Identify the foundations entry-level lawyers need
2. Developmeasurable models of legal education that support those foundations
3. Align market needs with hiring practices to incentivize positive improvements
18© 2016 IAALS – Institute for the Advancement of the American Legal System.
The number of states that distributed the survey
37
19© 2016 IAALS – Institute for the Advancement of the American Legal System.
24,137The number of valid responses to the survey
20© 2016 IAALS – Institute for the Advancement of the American Legal System.
147The number of foundations we asked about
21© 2016 IAALS – Institute for the Advancement of the American Legal System.
InitiativeIdentify relevant facts, legal issues
Make decisions and deliver results
Conduct and defend depositions
Critically evaluate arguments
Diligence
Integrity and trustworthinessWork as part of a team
Listen attentively and respectfully
22© 2016 IAALS – Institute for the Advancement of the American Legal System.
InitiativeIdentify relevant facts, legal issues
Make decisions and deliver results
Conduct and defend depositions
Critically evaluate arguments
Diligence
Integrity and trustworthinessWork as part of a team
Listen attentively and respectfully
23© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
24© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
Over Time
25© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
Over Time
Advantageous
26© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
Over Time
Advantageous
Not Relevant
27© 2016 IAALS – Institute for the Advancement of the American Legal System.
77The number of foundations identified as “Necessary in the Short Term” by 50% or more of the respondents
28© 2016 IAALS – Institute for the Advancement of the American Legal System.
29© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Integrity and trustworthiness5. Treat others with courtesy and respect6. Listen attentively and respectfully7. Respond promptly8. Diligence9. Strong work ethic10.Attention to detail
11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy
Foundations for Practice
30© 2016 IAALS – Institute for the Advancement of the American Legal System.
1.Keep information confidential2. Arrive on time3. Honor commitments4. Integrity and trustworthiness5. Treat others with courtesy and respect6. Listen attentively and respectfully7. Respond promptly8. Diligence9. Strong work ethic10.Attention to detail
11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy
Foundations for Practice
31© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Understand and apply legal privilege5. Proper timekeeping/billing6. Document and organize a case/matter7. Show loyalty and dedication8. Set clear professional boundaries9. Handle dissatisfaction appropriately
10.Recognize and resolve ethical dilemmas
11.Conclude relationships appropriately12.Exercise independent judgment13.Adhere to proper collections
practices14.Provide high quality legal advice
Professionalism
32© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Understand and apply legal privilege5. Proper timekeeping/billing6. Document and organize a case/matter7. Show loyalty and dedication8. Set clear professional boundaries9. Handle dissatisfaction appropriately
10.Recognize and resolve ethical dilemmas
11.Conclude relationships appropriately12.Exercise independent judgment13.Adhere to proper collections
practices14.Provide high quality legal advice
Professionalism
33© 2016 IAALS – Institute for the Advancement of the American Legal System.
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www.foundationsforpractice.com
Twitter: @AlliGerkmanEmail: Alli.Gerkman@du.edu
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HONOR COMMITMENTS
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I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of [attorney and counselor-at-law], according to the best of my ability.
§ 1 of Article XIII of the New York State Constitution
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Lawyers have 4 main commitments
Lawyers
RuleofLaw
Clients
LawFirm
Personal
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Rule 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly:(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
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(1) requiring an attorney to report evidence of a material violation of securities law or breach of fiduciary duty or similar violation by the company or any agent thereof, to the chief legal counsel or the chief executive officer of the company (or the equivalent thereof); and
- Pub. L. 107-204, title III, §307, July 30, 2002, 116 Stat. 784.
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Rule 3-110 Failing to Act Competently
(B) For purposes of this rule, "competence" in any legal service shall mean to apply the
1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.
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The Prevalence of Substance Use and Other Mental Health Concerns
Substantial rates of behavioral health problems were found, with 20.6% screening positive for hazardous, harmful, and potentially alcohol-dependent drinking.
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The Prevalence of Substance Use and Other Mental Health Concerns
• Men had a higher proportion of positive screens, and also younger participants and those working in the field for a shorter duration.
• 30 years of age or younger lawyers were more likely to have to engage in hazardous, harmful, and potentially alcohol-dependent drinking.
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The Prevalence of Substance Use and Other Mental Health Concerns
• 28% experienced symptoms of depression• 19% experienced symptoms of anxiety• 23% experienced stress
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DILIGENCE & WORK ETHIC
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Rule 1.3 Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
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Rule 1.3 Diligence
[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor…
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Rule 1.3 Diligence
[1] continued…
A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound, however, to press for every advantage that might be realized for a client…
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Rule 1.3 Diligence
[1] continued…
The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.
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Rule 1.3 Diligence
[2] A lawyer's work load must be controlled so that each matter can be handled competently.
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ATTENTION TO DETAIL
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“Increasingly [law] firms will be tasked with managing an augmented workforce that includes a new generation of smart technologies, virtual assistants, algorithms, automated processes and distributed devices alongside flesh-and-blood staff.”
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“The written word is the foundation of the practice of law. “
- intelligentediting.com
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PerfectIt
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WordRake
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jEugene
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jEugene
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ARRIVE ON TIME
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• Honor commitments–Diligence
•Have a strong work ethic and put forth best effort
•Attention to detail•Arrive on time for meetings, appointments, and
hearings
#ClioWeb
• Arrive on time for meetings, appointments, and hearings
• Honor commitments• Diligence• Have a strong work ethic and put forth best
effort• Attention to detail
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Arrive on time for meetings, appointments, and hearings (and deadlines).
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Malpractice and Dates
Type of Error ABA data
U.S.Ranking
LAWPRO data
CandianRanking
Fail to Calendar 2825
6.7% 5 683 4.6% 8
Fail to Know Deadline 2782
6.6% 6 918 6.2% 7
Procrastination 24905.9% 7 653 4.4% 9
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Rule 1.3 Diligence
[3] Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the client's legal position may be destroyed…
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Clio’s Statute of Limitation field tracks upcoming
substantive deadline on clients’ rights.
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Matter Calendars Provide Focus
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Court Rules
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QUESTIONS
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Thank You
Joshua Lenon
joshua@clio.com
@JoshuaLenon
Linkedin.com/in/joshualenon
1-888-858-2546
Colin McMahon
Linkedin.com/in/colinmcmahonclio
Support@clio.com
Support.clio.com
www.youtube.com/user/ClioVideo