Category: Educational

  • Free Blogs at Solo Practice University

    Today Solo Practice University announced they will offer free blogs to Solo Practice University community members.

    Solo Practice University, in development, is “a web-based educational community and networking forum for solo lawyers and entrepreneurial law students.” Susan Cartier Liebel is the creator behind this web-based educational venture. The addition of free blogs to Solo Practice University community members will allow them to practice and hone their blogging skills in a constructive environment. It will be a great way to teach members how blogging and other technologies may be used to market their law practices and create valuable networks with other professionals.

    This is the perfect combination! I’m so excited to see how this venture will empower solo practitioners and newly practicing lawyers. Plus, it’s a web-based application and I am a big fan of using technology to pool collective resources for educational purposes. More information on Solo Practice University may be found here. Or sign up for email notification.

  • Book Review – The Electronic Evidence and Discovery Handbook by Sharon D. Nelson, Bruce A. Olson and John W. Simek

    I was fortunate to win the above titled book as a prize during the Macs Practice Law Week hosted by The Inspired Solo. The authors, Sharon D. Nelson, Bruce A. Olson and John W. Simek, mention in the introduction to the book that when they predicted that all lawyers would need to learn about electronic discovery (ED) in the near future, they were meet with the same remarks from attorneys that I hear about virtual law practices — it’s just a trend and will not have an impact on the way that I practice law.

    Until I read through this book, I don’t think I realized either the extent to which issues surrounding ED have crept into every law practice — even solos and small firms. It has gotten me thinking about the ways that I need to counsel my clients, not just my small business clients, but also my family law and estate administration clients. Clients need to be educated about their own electronic activities and how those actions could show up again as electronic evidence in their legal cases.

    As the authors make clear in The Electronic Evidence and Discovery Handbook, messages written in an email will hang around longer and have more copies than a contract written on paper and stuck in a file somewhere. Not only is this good evidence, but in some cases, it may be easier to get a hold of.

    In this day and age, I find it difficult to imagine that anyone could assume that just because they are communicating by email or text message, that this is somehow not a “real” transfer of information. There have been many articles along these lines in the past few years, especially regarding the inappropriate use of email or the slack way in which even professionals will write messages to colleagues and clients using slang or unprofessional language.

    This trend seems to be changing, or at least people are becoming better at determining what e-conduct is appropriate for which e-format. You can disclose TMI or TFS comments on your personal D&D listserv, but BTW you should write in complete sentences when emailing opposing counsel from your law office.

    In my virtual law practice, I try to avoid using email because it is unencrypted and therefore, not a secure way to communicating with clients. My VLO provides a secure way to communicate with my clients and I use this as a way to lock down the terms of our attorney/client relationship and the scope of legal services I am providing. As with a traditional retainer agreement, I count on the fact that in the event that I ever need to defend my actions, I will be able to use my e-correspondence with the client as electronic evidence.

    The Electronic Evidence and Discovery Handbook is a fascinating book on a topic that affects all attorneys, even solos and small firm practitioners. With useful forms, checklists and guidelines on the included CD, I’d recommend it as a useful addition to any law office library — virtual law offices all the more.

  • Speaking Different Languages

    I am always surprised by the disconnect between the language of the written law, the legal professionals and the clients they are meant to serve. In law school, we are trained to analyze and imitate the written legal opinions of some of our nation’s best legal minds. But we are not typically trained in how to make the law understandable to the average citizen. I think this creates an endless cycle of people having to rely on attorneys for advice on some of the basic legal rights and protections afforded them, simply because they cannot interpret the language of the law or even know where to look to find the law that relates to their legal matter. While this creates more work for attorneys, I think it is a disservice to the public. But on a positive note, I think it is getting better. For example, http://www.nccourts.org is the NC Court system’s website and they have a general faqs section and make an effort to at least point people in the right direction. However, I think there continues to be room for improvement in the communication between the law profession and the public we serve. I don’t know if the answer is more practical, “real world” law school training or more legal education in public schools. In any event, making legal advice easily comprehensible to clients is something I make a concerted effort to achieve.

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