Lawyers Gone Ethical

We can't end 2020 the way we end most years, with improving office organization and reviewing fee agreements.  Rather, this is a year to end with a focus on being kind to ourselves, setting new types of goals, and thinking about intentionally designing the coming year. In this episode, Megan highlights her article recently published on Attorney at Work on what items should  be on our year-end checklist. Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. It is

Thousands of California online bar exam takers were flagged for review, and an untold number of them have received Chapter 6 notices.  A Chapter 6 notice essentially accuses the applicant of cheating on the exam.  Megan has put together resources to help applicants respond. Resources Mentioned: Dropbox folder I put together with resources Petition to Sign (no monetary donations, please) Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. It is not to be constru

George Psiharis joins Megan to talk about the Clio Legal Trends report for 2020, the ongoing release of new information, and how Covid has impacted this important project. Resources Mentioned: Clio Legal Trends Report Clio Covid Impact Report Guest Info: George on Twitter George on LinkedIn Clio on LinkedIn Clio on Twitter Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need h

Professor Cat Moon teaches a fantastic class at Vanderbilt Law School called Law as a Business.  Megan was honored to be one of the guest speakers recently, and she focused part of her talk on the question, "What is the connection between ethics and the business of law?"  This episode answers that question, focusing in large part on the consequences of making ethical errors and also touching on the good business of being ethical. Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educat

Professor Cat Moon teaches a fantastic class at Vanderbilt Law School called Law as a Business.  Megan was honored to be one of the guest speakers recently, and she focused part of her talk on the question, "What should young lawyers know about ethics and a successful career?"  This episode answers that question with three specific things Megan thinks are important. 1. Appreciate the importance of the rules 2. Don't assume those above you know more than you do about the ethics rules 3. Just because everyone else is doing it does not mean it is ok Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources:

Screen addiction impacts most of us, and there's little doubt it has a negative impact. Overuse of screens leads to anxiety, depression, decreased productivity, and more.  Its impact is also clear in children. It turns out, it's not entirely our fault that we are so hooked.  Apps accessed on screens give us dopamine hits that keep us coming back for more.  In this episode, Megan talks about how we get hooked on screens and strategizes what we can do about it.  She also shares her recent experience of pulling the plug on the kids cold turkey. Resources Mentioned: Dopamine Detox - video on how to beat screen addiction: https://www.youtube.com/watch?v=9QiE-M1LrZk http://sitn.hms.harvard.edu/flash/2018/dopamine-smartphones-battle-time/ https://www.healthline.com/health/mental-health/cell-phone-addiction#how-to-break-the-addiction https://www.webwatcher.com/blog/why-are-kids-addicted-to-smartphones-dopamine-surges/ https://www.businessinsider.com/what-your-smartphone-is-doing-to-your-brain-and-it-isnt-go

We know the profession has a mental health crisis.  We have serious concerns about bars asking applicants about their mental health. But do we really understand the position these questions can put an applicant in?   In this episode, Megan discusses and (in a first on this show) reads out loud the US District Court for the Western District of Kentucky's decision in Doe v. Supreme Court of Kentucky.  Doe applied for licensure after seeking mental health treatment, and Kentucky "put her through the ringer", eventually admitting her 994 days after she applied.  Then she sued for how she had been treated - and was dismissed from court, largely on standing grounds.  This episode highlights why all lawyers should care about what is happening int he admissions process, and Megan urges everyone to get involved. Resources Mentioned: Lawyers Gone Ethical with Jordan Couch on the Bar Exam Jordan Couch's analysis of the efficacy of the bar exam Court opinion Article about this case Thanks for listening! Don’t forget

A large number of ethics complaints begin with lawyers taking on more work than they can handle, leading them to miss deadlines, fail to be responsive to clients, and otherwise drop the ball.  A booming business seems like a good thing, but too much of a good thing can cause severe problems.  In this episode, Megan talks long-term solutions like hiring help, and short-term relief measures like pausing ad campaigns, reducing availability for new consultations, and learning to say no. Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw

A niche, or narrow, law practice might sound risky, but it's actually a fantastic way to build a rewarding practice.  Lyndosha Jamison has created a niche for herself that is exciting professionally and financially successful.  Join Megan as she interviews Lyndosha to learn how.  Lyndosha Jamison and Megan presented at ABA TECHSHOW in Chicago in February 2020 on the topic of building a niche law practice.  The session was so popular it spawned a repeat performance for the ABA's Best of Techshow series, and there is even an upcoming book in the works.  Megan and Lyndosha talk in this episode about the practice Lyndosha built and niche practices generally, dispelling myths stoking the fear of specializing. Guest Info: Lyndosha Jamison's Website Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcas

First, it sounds like the Florida Bar might be listening to this podcast.  (Jut kidding, of course.)  It issued a proposed advisory opinion allowing out of state lawyers to practice remotely from Florida without UPL repercussions.  Read more about solving the "butt in seat" problem here. Second, applicants to the bar who have any criminal history at all are faced with lots of wrinkles in disclosing their conduct to moral character committees.  Megan runs through some scenarios displaying this complexity and gives some guidance on how to handle them.  Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resource

There are lots of reasons for lawyers to move from state to state, but when a bar exam gets in the way, it turns into a real pain.  Whether you're a military spouse, an in-house lawyer, cultivating a Federal practice, or lucky enough to get reciprocity, Megan talks about how you can move and still practice law.  (In this older Attorney at Work article, Megan talked about ways to move without taking an exam.) Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. I

Note:  This is a replay of our most popular episode - Episode 28 Kenneth Lawson went from running a successful practice in Ohio to having his license revoked because of misconduct while addicted to prescription painkillers. He joins us to share his remarkable journey to redemption. Ken Lawson is the Co-Director of the Hawai’i Innocence Project and an Associate Faculty Specialist at the William S. Richardson Law School where he teaches Criminal Procedure, Criminal Law, Professional Responsibility, Evidence, and Hawai’i Innocence Project. What Kenneth Shares in This Episode: His lack of self-esteem as a child, where that stemmed from, and how it affected his beliefs about himself How he became the first African American lawyer at one of the largest firms in Cincinnati Why fear of personal insecurity, failure, economic insecurity, and other fears held him back What finally led him to leave his corporate position to open his own law practice How he acquired Deion Sanders as a client Despite being happier as a so

The bar exam has gone from traditional end-of-July ritual to a jungle of uncertainty, constantly changing dates and conditions, and total chaos for everyone who intended to take the exam and start their legal career this summer.  In an episode geared specifically to those in this situation, Megan talks about some strategies for staying in the know without getting overwhelmed, changing career course if needed, and maintaining perspective. Resources Mentioned: July 2020 Bar Exam Status by State Chart California Bar Exam Letter Lawyers Gone Ethical Episode on Diploma Privilege Lawyers Gone Ethical Episode on Taking a Mental Health Day Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to conne

Many families will have the kids home this fall, whether by choice or school policies. If you're going to be running your law firm from home in the presence of homeschooled kids, Megan has come up with five things you (and she) can do now to prepare for a smoother road and ethical law practice ahead. Schedule (honestly) Get help  Plan breaks Plan your finances Organize space And the 8 year old adds a bonus 6th! Resources Mentioned: Funny video - What day is it? Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podc

Bar exams are a rite of passage for attorneys graduating from law school and being sworn in to practice law. But what if the bar exam is not feasible, such as during COVID-19? And what if the bar exam has an incredibly racist history that calls it further into question? And what if there is no empirical evidence that the bar exam has any correlation to an individual's ability to effectively practice law?  Jordan Couch is the Chair of the Washington Young Lawyers Committee, and he has been taking up the laboring oar on diploma privilege, gathering data and writing to advocate for more state bars to grant graduates the right to practice.  Jordan sat down with Megan to discuss this pressing issue and its many ramifications. Resources Mentioned: Jordan's letter regarding diploma privilege Article on history of bar exam CA bar statistics with race breakdown Some info from the LSAC bar passage study A more modern article about race and the bar exam More on the history of diploma privilege Guest Info: Jordan Couch o

In two contexts, lawyers and bar applicants worry about hiring an ethics lawyer. In moral character applications, applicants are often concerned that having a lawyer involved makes it look like they are hiding something.  In discipline matters, lawyers express concern that hiring counsel makes them look like they committed misconduct.  In truth, having a lawyer's expertise far outweighs any image of guilt that may be created by hiring counsel.  In this episode, Megan unpacks the question of "will hiring an ethics lawyer hurt me?" in both the moral character application and discipline contexts. Resources Mentioned: Bernard Nomberg YouTube Video Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be s

We've been scouring the internet to figure out what lawyers are asking about, and it turns out IOLTAs are a hot topic. In this episode, Megan answers some burning questions about IOLTAs, including: Can a firm have an IOLTA? Can a lawyer have more than one IOLTA? Can an IOLTA be used to send and receive wires? How does an attorney handle a check made out to their IOLTA and the client jointly? She also answers our first listener audio question about reviews and donating to charity. Resources Mentioned: Article Megan mentioned referencing ethics opinions in multiple states Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendation

Mental health is tough to tend to, especially as solo and small firm lawyers make a ton of excuses why we cannot be out for even one day. So how do we take a day off that leaves us actually inspired to go back to work and not more stressed than when we left the office? In this episode, Megan shares her story of a recent day off that shed light on some "how to" ideas for taking a mental health day. To read her full story of the day off, visit Attorney at Work for her upcoming article. Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehla

Good policies and procedures make a law office run ethically, but file destruction is one where a lot of lawyers have questions.  How long should we keep files?  When does the time period begin to run?  How do I let my client know?  In this episode, Megan explores these questions and promotes some best practices. Thanks for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, and Tunein and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions or recommendations for specific resources: Twitter Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with an

As teams disperse to remote work environments, the lawyer's duty to supervise takes on new wrinkles. Pennsylvania issued an ethics opinion to help guide us; it brings together past ethics opinions and adds details for today's new world. Kristin Tyler of LawClerk knows plenty about working remotely and supervising remote teams, since the business model relies upon a decentralized workforce. She joins Megan to talk about Pennsylvania's opinion and key issues for remote teams.  Topics include: - Making sure remote workers abide by confidentiality duties - Asking your remote team questions you would normally not, such as the identity of roommates, the physical setup at home, and their network password security - Moving ahead, how law firm work will change  - Civility in the profession, today and as we go forward For the Pennsylvania opinion, go to https://www.lawsitesblog.com/wp-content/uploads/sites/509/2020/04/PBA-Formal-Opinion-2020-300-Ethical-Considerations-for-Attorneys-Working-Remotely.pdf Guest Info: Law