Are Law Schools Catching On?

Posted on December 4, 2013 by The Legal Reformer

There seems to be an acknowledgement by certain law schools that the age-old model of law school curricula needs updating to meet the demand for practice ready associate attorneys.  While many in the legal field cannot agree on what that updating should look like – two-year curricula, four-year curricula, residency-like programs, or something else – at least the movement has begun.

Cardozo Crest

Cardozo Crest (Photo credit: Wikipedia)

We previously posted about the debate surrounding President Obama’s comment that law school should be two years instead of three.  Now Edward Zelinsky, a Cardozo law school professor, argues in the Oxford University Press’s Blog that law school should be four years.  His reasons include allowance for expanded clinical education, reduction in the number of graduates, and to “impart even greater urgency to task of controlling the expense of law school.”  This position too has garnered debate.

We also learned that Tulane University’s law school has implemented a one-week “boot camp” program for selected students reportedly crafted to mimic life as a new associate.  The program is offered in civil litigation, criminal practice or transactional practice.  According to the law school’s dean, David D. Meyer, the students and faculty have given the program “rave reviews,” and the school plans to expand the program next year.

In our previous post, Why Law School Cost and Curriculum Matter To Legal Consumers, we discussed why this all matters to legal consumers.  But what do these and other articles/programs mean for legal practice reform?  Reforming future legal practices starts with reforming how law students are educated.   It appears that there is a growing willingness to reform legal education, and that the dialogue has begun.  Hopefully all of the law schools are catching on.

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You’ve got options.  The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field.  Call LPR today for a free consultation – (301) 351-7970.

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LPR’s Seminar . . . The Reviews Are In!

Posted on November 22, 2013 by The Legal Reformer

Elisa Eisenberg, LPR’s founder and CEO, conducted a seminar on November 13, 2013 for Live and Learn Bethesda‘s “lunch and learn” series titled Need A Lawyer? How to Navigate the Attorney/Client Relationship.  The seminar focused on five topics:

    • How to decide if you need an attorney
    • How to pick an attorney
    • How to negotiate a fee agreement
    • How to negotiate the attorney/client relationship
    • To sue or not to sue
Elisa Eisenberg and Bev Amsterdam

Elisa Eisenberg and Bev Amsterdam at LPR’s November 13, 2013 seminar for Live and Learn Bethesda

LPR was encouraged to learn that the participants found the seminar helpful and informative:

“Appreciated the energy and easy friendly manner of the speaker”

“Hand-out was great – in language that we could understand”

“Liked a lot hearing her own experiences”

“This speaker was another class, very understanding, excellent instructor and very knowledgeable”

Bev Amsterdam, founder of Live and Learn Bethesda, echoed the participants’ comments:

“Elisa’s depth of knowledge, enthusiasm and being able, easily, to come into the shoes of the people in her class… was well appreciated and done with ease. The materials/handouts she put together were the best!”

Ms. Amsterdam was so pleased that she invited LPR back for Live and Learn Bethesda’s Spring 2014 seminar series.  LPR is grateful to Live and Learn Bethesda for the opportunity to speak about legal practice reform and to help the participants be more educated legal consumers.

Want LPR to speak at your next event and help your company and employees become more educated legal consumers?  Please visit www.LegalPracticeReform.com or contact LPR directly at (301) 351-7970 or info@legalpracticereform.com to get more information or schedule an event.

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LPR Congratulates DV LEAP On Its 10th Anniversary

Posted on November 11, 2013 by The Legal Reformer

DV LEAP (Domestic Violence Legal Empowerment and Appeals Project) celebrated its 10th anniversary last Thursday with celebrity keynote speaker Robin Givens.  LPR’s founder and CEO, Elisa Eisenberg, attended the event and returned with raves about the organization and about Ms. Givens.

DV LEAP logoAccording to its website, DV LEAP advocates for domestic violence victims who have been denied justice in the court system:

Despite numerous legislative and policy reforms designed to protect victims of domestic violence, many courts fail women and children who seek protection in court. Appellate review has been remarkably successful in correcting trial court errors.

However, victims of domestic violence are rarely able to access the appellate courts – appeals are very expensive and few lawyers possess both an understanding of domestic violence and the necessary appellate expertise. Systematic and sophisticated appellate litigation is critically needed to protect the legal rights of victims of domestic violence and to provide safety and justice.

DV LEAP was founded in 2003 to respond to fill this vacuum in advocacy for victims of abuse. DV LEAP also provides pro bono appeals, training, and strategic assistance to lawyers and courts.

LPR applauds DV LEAP and it’s founder and executive director, Joan Meier, for their unwavering support for victims of domestic violence and their efforts to reform the court system so domestic violence victims can find justice in the courts.  Congratulations to DV LEAP on its 10th Anniversary and all of the progress it has made so far.  We wish DV LEAP unbounded success in its mission to help domestic violence victims in the years to come.

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If It Can Happen To Tom Cruise . . . It Can Happen To You

Posted on November 8, 2013 by The Legal Reformer

So what does filing a lawsuit really entail?  Well for starters, depending on the type of lawsuit and the allegations, it can entail getting grilled about intimate details of your personal life – just ask Tom Cruise.

Tom Cruise December 2008

Tom Cruise December 2008 (Photo credit: Wikipedia)

In response to his $50 million defamation lawsuit against Life & Style and In Touch magazines for printing that he “abandoned” his daughter after his split from Katie Holmes, Tom Cruise was subjected to a seemingly contentious videotaped deposition, according to the NYDailyNews.com:

“You have to work at it,” Cruise snapped back at the accusations of being a bad parent.

But the lawyer, Elizabeth McNamara, shot back, “It really doesn’t substitute for being able to be there does it?”

Cruise admitted, “No, it doesn’t.”

In many cases, this is what opposing lawyers do.  They get nasty and aggressively probe for any information that will give their side an edge or make you want to settle for unfavorable terms just to end the onslaught.  Just like what Paula Deen experienced, as we discussed in a previous blog post “If It Can Happen To Paul Deen . . . It Can Happen To You,” a lawsuit can expose you or your company to invasive deposition discovery.  And, depending on the type of lawsuit and allegations, it can also result in disclosure of sensitive documents, including physician, psychiatric or counseling records.

Be sure to understand exactly what being involved in a lawsuit will entail when deciding whether to file a lawsuit or vigorously defend one.  It can get really ugly and uncomfortable, and it is almost always public.  Ask your attorney what types of information can be sought by the other side during the fact-finding part of the litigation. Find out what will you be exposing yourself to.  After all, if it can happen to Tom Cruise    . . . It Can Happen To You.

You’ve got options.  The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field.  Call LPR today for a free consultation – (301) 351-7970.

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Should Lawyers Be Held Accountable For Results?

Posted on October 31, 2013 by The Legal Reformer

If you hire a lawyer to consult on a business or personal problem and they give you advice, do you expect that advice to lead to positive results?  Ron Ashkenas, managing partner of Schaffer Consulting, argues that business consultants should be held accountable for results in most situations.  Should lawyers be held accountable for results as well?

In Let’s Hold Consultants Accountable For Results, appearing on CEO.com, Mr. Ashkenas gives the following (abbreviated) example:

The head of a large consumer products division felt that one of the keys to future growth would be a greater focus on emerging markets. To that end, she hired a large consulting firm to provide recommendations . . . [which] . . . didn’t take into consideration the readiness and capability of the managers and staff, both in the division and at corporate, to carry it out. As a result the client was unable to get her team on board and secure [the] necessary budget, and most of the recommendations were shelved.

The odd thing about this case is that afterwards the lead consultant felt that the project was a success . . . . After all, the study was done well, with the highest standards of analytic rigor and thinking. The failure to implement and achieve any results was the division manager’s problem, so the consulting firm – which was paid a very large fee for this work – was off the hook. Even more troubling was the unwillingness of the client to hold the consultant even partly accountable for the lack of results.

We agree with Mr. Ashkenas’ conclusion, which can be retooled to apply to lawyers:

Obviously investing in a [legal consultation] without getting a [positive result] is not a good business practice. But unfortunately this is an all-too-recurring pattern . . . One reason for this pattern . . . is the belief that most [legal] problems can be solved through rigorous [and costly] analysis to develop the “right” answer. What [clients] – and many [lawyers] – miss is that when the right answer cannot be implemented successfully, it is in fact the wrong answer. Yes, it might be right in theory but if it can’t be put into practice and yield results, it’s basically worthless . . .

So the next time you retain the services of a lawyer, don’t give him/her “a free pass that exonerates [him/her] from producing results.  Instead, change the definition of [the] job,” so he/she is “accountable for creating value.”

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So You Want A Divorce . . .

Posted on October 24, 2013 by The Legal Reformer
Husband & Wife Walk . . . (to divorce court)

Husband & Wife Walk . . . (to divorce court) (Photo credit: Keoni Cabral)

We get a number of inquiries about finding attorneys from people contemplating separation and divorce and many voice concern about the expense and emotional toll the process takes. Now there’s help, and it’s publicly available.

Laura Wasser, a celebrity family law attorney, recently published, It Doesn’t Have to Be That Way: How to Divorce Without Destroying Your Family or Bankrupting Yourself.  Among the celebrities she has reportedly represented – Christina Aguilera, Angelina Jolie, Kim Kardashian, Heidi Klum, Ashton Kutcher, Ryan Reynolds, Maria Shriver, Britney Spears and Kieffer Sutherland, and the former wives of Kobe Bryant and Mel Gibson.  In an E! interview about the book, Ms. Wasser explained that every divorce should be treated like a “business transaction.”

[I tell clients] let’s do this in a way that we can keep your sanity and your bank accounts intact. There’s no reason to turn this into some kind of a melodrama.

Although talking about celebrity divorces, Ms. Wasser advises that divorces may take time to conclude:

It takes a while because you have to compile information and exchange it, and then you have to make a deal . . . when things take a long time, often it’s because one party or another is not really ready to cut the cord.

Her advice to anyone embarking on a divorce in a second E! interview:

The advice that I would give to any couple that was going through a separation or divorce is that you need to really, really think about what the road ahead is going to be.  This is someone who you have children, with whom you have a family with whom you have spent many years. . . . Be kind, and be reasonable and be brief.

For anyone thinking about separating or getting a divorce, LPR recommends watching/reading the following links for more of Ms. Wasser’s insights:

Separation and divorce do not have to be expensive, destructive endeavors.  Even though you only have control over your own actions and intentions, if you can separate your emotion from the transactional reality of the dissolution, there are ways to end a marriage peacefully, including mediation and collaborative divorce.  While child custody issues can complicate the process, hopefully both parties understand that a peaceful dissolution is in the best interest of the children and the parents.  Do your research – become informed – and above all, “try to end your marriage as compassionately and considerately as you can.”  It really is the best thing for you, your spouse and your children.

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LPR Tapped To Give Seminar on November 13, 2013

Posted on October 17, 2013 by The Legal Reformer

534719_445904972140128_209056806_nElisa Eisenberg, Founder and CEO of Center for Legal Practice Reform (LPR), has been tapped by Live and Learn Bethesda’s Beverly Amsterdam to conduct a “lunch and learn” seminar titled, Need A Lawyer? How to Navigate the Attorney/Client Relationship.  The seminar will take place on Wednesday, November 13, 2013 from 1:00 p.m. to 2:30 p.m. at Live and Learn Bethesda’s offices, located at 4805 Edgemoor Lane, Bethesda, Maryland 20814.

LPR’s seminar description can be found on page 11 of the Fall 2013 Class Guide:

Almost every person, business, and organization will, at one time or another, need the services of a lawyer. All will choose an attorney that they likely do not know, assume they will be well represented, and believe their issue will be resolved satisfactorily for a reasonable amount of money. What few will suspect, and what you should know, is that the deck is stacked against you. On their websites, attorneys represent themselves as knowledgeable and competent, yet you have only their word that they are experts in their advertised fields. There is no objective way to confirm that they will do a good job, to foresee whether they will lead you down the right path, or to know whether they will bill you too much. This presentation will provide valuable insight into the attorney/client relationship and how to navigate it.

Live and Learn Bethesda was founded by Beverly Amsterdam as “a non-profit organization whose mission is to enrich the community through interesting, informative and stimulating classes for people of all ages.”  LPR is proud that Bev has added us to her roster.

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5 Questions To Ask Before Filing A Lawsuit

Posted on October 10, 2013 by The Legal Reformer

The thought of filing a lawsuit may seem empowering because you feel you have been wronged and want your day in court, but the reality of litigation is rarely understood.  Before stepping into the litigation arena, we suggest there are at least five questions you should ask yourself and your lawyer:

law books

law books (Photo credit: j3net)

  1. What are the benefits of the proposed lawsuit?  So your lawyer has recommended filing a lawsuit to resolve your issue.  It is important to understand why he/she feels the lawsuit is necessary and how it will benefit you in the short-run and in the long-run.  It is imperative that you have the ability to make an informed decision.
  2. Are there alternatives to litigation?  What are the other options?  We have written about this before, how important it is to understand and weigh alternatives to litigation.  Ask about the risks and benefits of alternatives compared to litigation.
  3. Should I get a second opinion?  Ask your lawyer if you should get a second opinion.  His/her answer may reveal much about how you will be treated and your case handled.  It can be insightful to discuss the recommended lawsuit and the alternatives with another lawyer.
  4. What will the lawsuit cost?  Ask your lawyer how much he/she expects the lawsuit will cost.  What are the components and how much will each cost?  Will there be the need for depositions or for expert witnesses?  The cost of lawsuits are generally broken down into six basic categories:
    • The lawyer’s fee (sometimes including multiple lawyers and secretarial overtime)
    • Research and copy fees
    • Court costs
    • Expert witness fees
    • Consultant fees (including expert consultants and document vendors)
    • Deposition fees

5.    How long will the lawsuit take?  The life of a lawsuit depends on a number of factors such as speed of court/judge’s docket and tenacity of your and/or the opposing attorney.  Ask whether the lawsuit is susceptible to a dismissal action (filed by the opponent at the outset of the case), or to a summary judgment action (filed by the opponent after discovery is completed).  Ask how long discovery will take (discovery is the fact-finding phase of the case) and whether your lawyer expects simple discovery, scorched earth discovery or something in between.  And how long does your attorney think a trial would take?

There are never too many questions to ask before embarking on litigation, and NO question is stupid.  Ask every question you can think of until you believe you understand what you would be getting into.  Read up on your type of case in your jurisdiction.  Read up on the judge.  Ask your lawyer for tips on what information you can access on your own to better understand what you would be getting into.  And above all, take notes when talking with your attorney.  Legalese can be difficult to grasp the first time, especially if the matter is an emotional one.

Litigation is time-consuming, emotionally draining, and expensive, and it often takes on a life of its own.  Be forward thinking and ask lots of questions before you embark.

You’ve got options.  The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field.  Call LPR today for a free consultation – (301) 351-7970.

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“Setting Your Expectations”

Posted on October 4, 2013 by The Legal Reformer

Common sense – one of the legal consumer’s best tools for navigating the attorney client relationship – can be found in the unlikeliest of places, even in a home remodeling magazine:

House Drawing: In Progress

House Drawing: In Progress (Photo credit: Lokesh_Dhakar)

No matter where you are in the home remodeling process, it’s important that you set your expectations for your remodeled home, as well as for the professionals you are or will be working with.  Although it’s best to lay out your needs, wants and goals before you get started, it’s never too late to clarify them.

So advises Lorraine Hart of Ideal Consulting Services in her article “Setting Your Expectations” in the Fall.Winter.2013 issue of Remodeling Today (remodelinform.com).  Just substitute the words “legal matter” for “home remodeling/remodeled home” and you have solid advice for legal consumers: it’s never to late to clarify your needs, wants and goals with your attorney.

Ms. Hart offers other tidbits that are applicable in the legal arena:

DO YOUR HOMEWORK – In setting your expectations [in the legal arena] there are a number of factors to look at. Most of these factors entail doing some homework. Depending on your needs and wants, this homework can be relatively simple and straight forward, or much more complex. Just keep in mind that the more prepared you are, the better the outcome will be.

*     *     *

YOUR BUDGET – Equally important to your pre-planning is determining your budget . . . ‘Don’t be afraid to ask your [lawyer] if they have a job cost system . . . In other words, are they keeping track of your money. Can they tell you bi-weekly what they’ve spent on your job so you can make sure you’re getting the value they promised.’

*     *     *

OPTIONS – Even if it’s not possible to get everything you want, there are often alternative choices and options to ensure that you will be happy . . . . [the lawyer] you choose to work with can and [should] assist you in selecting various options to ensure that you will achieve your goals.

*     *     *

PRIORITIZE – Even though you may not get everything you want, you can certainly end up with a [positive outcome] . . . The key is to prioritize your needs and wants. . . . [C]reating and using a wish list . . . [and] communicating your priorities is an essential element in preparing for your [legal matter].

*     *     *

MOVING FORWARD – By learning about the current market in your area, clarifying your expectations, researching and prioritizing your options, and determining your budget you will have taken the first necessary steps in creating a successful [legal outcome].

Wise legal consumers use their common sense and carefully consider sound advise regardless of the source.  And, when setting or revisiting expectations of their lawyers or legal matters, wise legal consumers do their homework, set and keep an eye on the budget, consistently reevaluate their options, prioritize their needs and wants, and above all, keep moving forward.  Sound advice for the legal arena indeed comes from unlikely sources.

You’ve got options.  The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field.  Call LPR today for a free consultation – (301) 351-7970.

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Is Your Lawyer Guilty Of “Punchbowling”?

Posted on September 26, 2013 by The Legal Reformer

On legalproductivity.com, in an August 19, 2013 post titled, The Worst Business Lawyer Habit: “Punchbowling,” author Mike Moore told the story of an in-house attorney who turned a simple two-page contract to engage outside counsel into “an 8 page single-spaced monstrosity.”  The in-house attorney’s revisions included lengthy, complex clauses, failed to concentrate on key, operational business terms, and in the end, killed the deal.  In other words, he put “a turd in the punchbowl.”

Yugo 45 A

Yugo 45 A (Photo credit: Wikipedia)

The best business lawyers understand the primary objectives of a deal, communicate and assess the relative risks and benefits, and advise in a practical, deal-friendly way. They add value by bringing perspective, balance and clarity. They prioritize helping the parties get the deal done over showing off their intellectual superiority in constructing verbose, disproportionately lengthy linguistic prophylactics against remote, convoluted, hypotheticals. (Irony intended.)

Good business lawyering, according to Mr. Moore (a former business law practitioner), is knowing when the deal should be quashed and knowing when it’s a good deal — and, when the deal is good, not over-layering the contract codifying the deal.

Sure, some deals need a lawyer to come in and quash them, gosh knows the kind of ridiculous stuff that some clients can dream up, but most of the time the parties just need some good, practical advice to help make things happen. Sometimes the Yugo gets you there just as well; not every deal needs a hundred grand worth of precision German engineering.

While Mr. Moore’s message, “don’t be a punchbowler,” was to lawyers, legal consumers should take note as well.  Your lawyer should advise you about the benefits, risks and overall value of the deal.  And, when the deal is good, your lawyer should not over edit the agreement.  Not only does that needlessly run up your legal bill, it can kill the deal.

You’ve got options.  The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field.  Call LPR today for a free consultation – (301) 351-7970.

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