Honoring Commitments in Lawyer-Client Relationships

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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


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www.foundationsforpractice.com

Twitter: @AlliGerkmanEmail: [email protected]


40%Percentage of 2015 law graduates who did not land full-

time employment requiring bar passage

Credit: ABA Employment Survey



time employment recognizing law degree




time employment (including professional and non-professional)



71%Percentage of third-year law students who believe they

have sufficient skills to practice

Credit: BARBRI, State of the Legal Field Survey


45%Percentage of law professors who believe new lawyers




23%Percentage of practitioners who believe new lawyers




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


The number of states that distributed the survey

37


24,137The number of valid responses to the survey


147The number of foundations we asked about


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


Short Term


Short Term

Over Time


Short Term

Over Time

Advantageous


Short Term

Over Time

Advantageous

Not Relevant


77The number of foundations identified as “Necessary in the Short Term” by 50% or more of the respondents


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


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


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


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www.foundationsforpractice.com

Twitter: @AlliGerkmanEmail: [email protected]

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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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• 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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• 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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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

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• 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

[email protected]

@JoshuaLenon

Linkedin.com/in/joshualenon

1-888-858-2546

Colin McMahon

Linkedin.com/in/colinmcmahonclio

[email protected]

Support.clio.com

www.youtube.com/user/ClioVideo

Honoring Commitments in Lawyer-Client Relationships

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