ABA Says Collaborative Law Is Ethical
Some lawyers question whether a lawyer can fulfill her ethical duty to zealously represent her client in a collaborative process where the parties agree to open communication and information sharing. The challenge mainly arises out of the requirement that the lawyer must withdraw from the representation if the collaborative process breaks down, and the parties pursue litigation. In August 2007 the ABA published its Formal Opinion 07-447 about Ethical Considerations in Collaborative Law Practice, and opined that the Collaborative Law process is ethical.
This is an important stride for the Collaborative Law process, and for clients. Today many clients want lawyers to help them resolve disputes without getting so caught up in “winning” that they lose sight of the real interests of the client. Clients know that all-out warfare is often deadly to their health and well-being, as well as to their bank accounts.
The Christian Science Monitor recently published a succinct and informative piece on Collaborative Law and the recent ABA Opinion. If you want more information about Collaborative Law, check out the website of the International Academy of Collaborative Professionals. You can also read an article I wrote a few years ago about the spread of Collaborative Law from family law disputes to business disputes.
Avoiding the Commoditization of Your Law Practice
My last article about some of the potential ramifications of law firms going public generated quite a number of reader responses. Thanks to each of you for sharing your thoughts with me.
One email asked a question that intrigued me. The reader asked how he could keep his law practice from becoming commoditized. Both small and large law firms should be asking themselves that, because the tide has already turned toward the commoditization of many legal services.
What are commodity legal services? Generally legal services that involve routine and predictable legal issues that can be systematized into forms and processes. They don’t involve complex legal issues, or the issues have already been addressed with such frequency and regularity that they have become routine. Often each individual claim or matter involves a relatively small amount of money at risk, necessitating an inexpensive process or the economies of large volume. Through the use of questionnaires, checklists, decision trees, step-by-step instructions, standard processes and similar methods, technology enables rapid and cheap production of the relevant legal advice and documentation.
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A Revolution in the Legal World?
A landmark event in the legal world launched in May. This event will ultimately change the course of the practice of law. Or perhaps it is just further evidence of how dramatically the legal world has already changed in the last 10 years.
Australian Law Firm Goes Public
An Australian law firm went public and was listed on the Australian Stock Exchange on May 21, 2007. Australia adopted legislation that permits non-lawyers to invest in the ownership of a law firm, and capital to be raised publicly. The 140-lawyer firm, Slater & Gordon, will initially have shares owned by 42 lawyers and staff, according to a June 1, 2007 article in The American Lawyer. Legislation has also been introduced in the United Kingdom to permit law firms there to sell stock publicly.
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Dining Out in France: Go with the Flow
It seems that a number of clients and readers like reading about my adventures in France. Over 8 years ago I took a sabbatical from practicing law from which I never actually returned. I segued into becoming a coach for lawyers, eventually. During that sabbatical in France I did some travel writing. The following article appeared in the Orlando Sentinel in 1999.
Successful dining in France requires one of two personal qualifications: (a) extensive training in French linguistics, etiquette and cuisine, or (b) a devil-may-care attitude. In my case, hunger and impatience mandate the latter. Forget etiquette. I cannot comply with the only rule I have learned. Here in France it is impolite to place your hand in your lap while dining. My mother would tell you I never did that anyway, but my hyper-conscious teenager has been repeatedly mortified by my infractions of this rule. Evidently the nudity on French beaches, billboards and television commercials subconsciously affects the French as much as the Americans, because the French wonder what you are doing with your hand if it is under the table.
All menus contain a number of indiscernible choices, even if I can literally understand the words (which I often can’t). A dictionary does not help. What kind of lunch item is a ”crunchy mister” or a “crunchy madam?” Or a “hot goat?” The answers: a croque monsieur is sort of a toasted ham sandwich with cheese melted on top, which populates every brasserie menu. A croque madame is more of the same, with a runny fried egg on top of the cheese. The French don’t eat fried eggs for breakfast. They prefer them on top of their pizza…or sandwich…or salad. Salads abound as a main course during the day. Chevre chaud (hot goat) is actually a green salad served with goat cheese […]
Get Remembered
Years ago at an early morning meeting Jimmy Brill, a veteran estate planning lawyer and the founder of Solos Supporting Solos, asked each of 30 lawyers to introduce themselves and their practices. I didn’t know any of them, and they all faded into a blur, except for one tall gentleman in a straw hat and seersucker suit. He said, “I’m a proctologist in the courtroom.” He got some chuckles and my attention.
I often ask the attorneys I coach on business development to analyze their client list to determine how they obtained their previous clients. Most of them report that the majority of their new clients come as referrals. If your business depends on referrals, your success depends on the likelihood that others will remember you when someone has a problem you can solve.
A couple of months after that morning meeting, I asked someone in the group, “What’s the name of that guy who’s the proctologist in the courtroom?” “Ted Hirtz,” he responded immediately. Ted’s introduction stood out and triggered the memory of enough people for me to locate him again.
Law Firm Goes Public!
An Australian law firm went public and was listed on the Austrailan Stock Exchange on May 21, 2007. Australia adopted legislation that permits non-lawyers to invest in the ownership of a law firm, and capital to be raised publicly. The 140-lawyer firm, Slater & Gordon, will initially have shares owned by 42 lawyers and staff, according to The American Lawyer. Legislation has also been introduced in the U.K. to permit law firm IPOs.
If the UK permits law firms to go public,it will probably be the beginning of a wholesale shift in the lawbiz. There will be many detractors and much resistance in the U.S., but moving mega-firms away from the partnership structure to a real corporate structure may have significant benefits. As true business managers and marketing experts have the opportunity to share in the profits of a law firm, the great class chasm between lawyers and non-lawyers may finally disappear. Innovation may become more valued in firms. The billable hour may fall away to value-billing or other creative structures. Firms may develop more balanced methods of valuing the contributions of its employees. Hey! Perhaps even teamwork could become popular.
I confess that I am having some difficulty imagining how a public law firm would work in the near term. I can imagine the possibility of a serious decline in the professionalism of law practice. Even commoditization of many legal services. We are already headed that way, however, and I’m not sure that the public opinion of lawyers can sink much lower.
One result may be that many lawyers will make less money, with most becoming part of the working middle class, instead of the professional elite, and a few becoming ultra-wealthy titans. One could say we are seeing that trend already, however. As firms go public, they will probably stratify more, with legions of paralegals and […]