The practice and culture of practicing law
Over the past few months, lawyers around the world have had to adjust how they practice their profession, and legislatures and the judiciary have had to adapt to make access to the legal system as safe as possible. Historically, documents Read More …
The Coronavirus pandemic has launched a worldwide, mass experiment in the practice of law by remote means. Thousands of lawyers are working remotely for the first time, looking for platforms for depositions by video conference, scheduling video mediations, and much more.
We are engaged in a massive test to determine what works and what doesn’t. We will probably decide — or our clients will decide for us — that many of the in-person practices of the past are not essential.
Some lawyers will fail to adjust. But don’t be afraid. Buckle down and learn what you need to learn to adjust to the new normal.
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If you use mediation, it’s useful to step back once and a while and think about why it works to be sure that you’re taking full advantage of what it has to offer. (If you don’t use it: “why not?”) As Read More …
Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts By Annie Duke (Portfolio/Penguin: New York 2018). As a lawyer who strives to give clients objective advice, reading Thinking in Bets was a refreshing challenge. I am Read More …
Question: How Many US Laws Are There? I saw this question on Quora this morning and thought it deserved a serious anwer. Here is what I can say: No one knows. What is a Law? Even the definition of law is Read More …
This is the first of three posts on how the #Me Too Movement is changing of the law of sexual harassment. First, I’ll address generally the difficult nature of preventing such behavior. Second, I’ll summarize and comment on changes to Read More …
Ginger Rogers “did everything Fred Astaire did, only backwards and in high heels.” — Frank and Ernest I did not attend the July 13, 2018 Vermont Bar Association Trial Academy program that has generated controversy about comments that were Read More …
In the entrepreneurial world, there is renewed interest in Stoicism, the ancient Greek school of philosophy that taught that “virtue, the highest good, is based on knowledge; [that] the wise live in harmony with the divine Reason … that governs Read More …
I recently received a communication from a potential client asking me if I would get “nasty” with the lawyer representing the opposition. Here is my reply, which has been lightly edited to protect the client’s confidentiality: Dear Sam: I Read More …
Theodore Roosevelt said: “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is Read More …
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