Category: industry

Lawyers and their mental health is becoming more common. International campaigns over the last few years and celebrities opening up about their struggles means more than ever before, we are talking more.  Some industries are prone to mental illness. Those who work in law know all too well the problems facing lawyers: Addiction to narcotics, prescription drugs and alcohol, Depression and anxiety, bi-polar disorders.  A 2016 ABA study in association with the Hazelden Betty Ford Foundation finally confirmed what had been suspected for years – lawyers experience mental illness at much higher rates.

Mental Illness and Lawyers in 2019

A year after the study, the National Task Force on Attorney Well-Being set up for the purpose of making mental health recommendations to the law industry. Yet some commentators feel the recommendations do not go far enough. It does not focus so much on mental health as on substance abuse and alcoholism which is just one problem facing law professionals. Far less emphasis is given to depression, anxiety and other non-addiction related mental illnesses. According to a separate study, lawyers with depression and anxiety not related to addiction is about 20%.

Alcoholism is Still Problematic

That said, it is generally understood that lawyers consume too much alcohol. For decades, each state has had a Lawyer Assistance Programs to deal specifically with mental health problems caused by addiction – both alcohol and narcotics, legal and otherwise. Most have been successful at what they do, working to the same principles as Alcoholics Anonymous.

Far less attention has been paid to those other forms of mental illness. State LAPs do take calls from lawyers living with depression and anxiety, and they do refer such calls for external treatment. However, there is no dedicated service and it is this lack of professional service that those who work in the industry want to do something about.

General Depression Statistics

Depression is currently a leading life-limiting disability globally. Around ¼ of people will experience this type of mental illness during their life while the rate of depression in the general population at any given time is 7%. The ABA study mentioned at the beginning of the article found rates of depression among lawyers was considerably higher at 28% in the year prior to the survey. It’s been called “an epidemic”. Even more astounding, around 61% said they had suffered depression during their career. It must be reiterated that these figures do not relate to addiction.

In a bid to save money and to make the work process simpler, lawyers, as well as other professionals, have taken to sharing office space. They do not just share with co-workers, but with lawyers from other firms and with professionals from outside. There are advantages and drawbacks to this increasingly common practice of lawyers and shared office space.

Benefits of Shared Office Space

Most lawyers and other professionals share office space to reduce costs on everyday expenses like overheads. With remote working becoming increasingly common, offices are no longer the sole workplace. When resources are shared – not just the physical building and offices but also photocopiers, phone lines, internet connection, costs are reduced.

There is also a benefit to sharing human resources. Salaries are the most expensive single element of a business’ running costs. For two businesses to share an admin team can mean increased profit margin for both. If both businesses are run by the same person or people (for example, one is a law practice, the other in real estate), sharing resources is sensible.

Drawbacks of Shared Office Space

The practice of sharing office space is not forbidden under any professional conduct rules or guidance, but good practice certainly applies. Everything you do as a lawyer is bound to protect independence of practice, and the integrity of customer data. When offices are shared, there remains a risk to each of these things which could compromise your professional standing.

For example, lawyers representing separate businesses are not permitted to use joint letterheads. Similarly, external signs must not suggest that the lawyers work for the same practice; there is a high risk of solicitation which is strongly discouraged. This may be good reason for why you should share offices with non-lawyers, but this sets up other ethics problems such as client confidentiality and data security.

Practices That Could Disqualify You

Conflict of interest exists where there is risk of each lawyer taking adversaries in the same case. This has happened leading to disqualification of the respective lawyers. So long as there is no risk of such an event occurring (for example where one practices family law while the other is criminal law or contract law), this should not be an issue. Problems can occur when unassociated lawyers cover for each other when the other is out of office.

Always consult the ethics guidelines for both practices and industries. So long as such care is taken, office sharing can be mutually beneficial.

Lawyers are expert at analyzing evidence and formulating an argument. Most are not as expert at how to correctly format official documents either for archiving or case reading. Layout is important for making documents, reports, and books easier to read while maintaining an air of professionalism.  Here is a quick MS word typography guide for lawyers to make digestion of complex legal writing straightforward.

Don’t Use Arial or Times New Roman

While lawyers should avoid fancy or quirky fonts, there are plenty of choices that do not need to resort to these dated typesets. They have been the mainstay of most documents for decades. That is the problem; their design is from a bygone age and so they look cheap. Their simplicity lacks elegance compared to others. Try Bembo Book, Plantin as replacements for Times New Roman, or Helvetica and Franklin Gothic as great alternatives to Arial.

Full Justification Looks Tidier

One of the advantages of MS Word over the typewriters is the full justification option. With typewriters you could justify left or right for the purpose of letter writing. With Word, you can evenly space typesetting for a flush justification. Each paragraph is a neat block aside, of course, from the last line of it is only a few words long. This looks more professional, and great when printed as an official legal document.

Generous Margins

Never overlook the need for a good margin: around 1.5” (3.8cm), sometimes as much as 2” is better (5cm) unless that takes the document above 50 pages, giving the impression of a needlessly long document. Not only will it provide plenty of space for those who will read it such as judges, it will help them fly through the information and find relevant points later if they need to re-refer to the document (including making personal notes). A 1” margin is too small for the font size and style typically used in legal documents.

Drop the Double Space

One of the earliest lessons that typists were taught when typewriters were the primary medium was to put a double space between a full stop and a new sentence. The reason it was ever a thing was that letters on typewriters were all the same width, but a space was narrower. The double space compensated, creating a large enough gap. That convention changed and now with electronic devices the standard and typewriters virtually extinct, the reason for the double space is gone.

Everyone knows the benefits of exercise. Many people these days have gym membership or go to class, but there is no need for this to remain fit and healthy. For lawyers in a busy office who may not even have the time for gym membership, you can get the same effect with a walking routine.  Learn the importance of lawyers and a fitness routine.

Walking for Mind and For Body

We should all incorporate breaks into our working day, to rest our minds, disconnect, and mentally prepare for the remainder of the day. The more you exercise – and walking is ideal for busy urban employees, you will relax more easily when you disconnect alongside building your physical fitness.

Most lawyers have a stressful job. Even if the work is not stressful, the cases we deal with can be harrowing, sometimes helping people deal with long-term stress, and even depression. This can take a physical and mental toll. In 2014, a CDC report stated that, depression, substance abuse, and suicide rates for lawyers were considerably higher than most other jobs.

Disconnecting is vital.

Just 30 Minutes a Day is Enough

Going for a walk during a break is ideal. Why? Because you need just 30 minutes a day to improve physical and mental well-being. It’s your chance to do something for yourself. This is why people who go for a walk during a break will take a book to read in the park or listen to audio books or music on the move.

If you don’t take lunch breaks, or the weather or environment is not conducive to going outside, don’t worry. You could use the place of work for your physical and mental well-being.

• Take your work with you to another place such as the park or a coffee shop
• Go to the gym during working time and do some tasks while working out (answering emails, making phone calls etc.)

Exchanging Bad Habits for Good

Building a physical and mental fitness routine takes time. For long-term results, you need long-term commitment and a desire to effect change for the better. This is a lifetime commitment for lifetime results, better quality of life now and a healthier you as you get older.

We are told all our lives that we “must” exercise and eat healthily. Most people don’t like being told what to do because chores are not fun. However, by making exercise fun, and by making it an important part of our self-care routine, we can create good habits around exercise.

We might safely assume that technology designed for use in the legal profession, and technology aimed at the consumer market are largely non-overlapping. Yet this is not the case. No technology sector develops or exists in a bubble. Artificial Intelligence, Big Data, The Internet of Things and many other technologies are aimed at proving to be useful to the future of legal tech through the consumer market.

Recommended Content

This is one of the biggest advances in consumer goods. Simply, when searching an ecommerce site, the items you viewed will appear as ads on other sites. Could this work for the legal profession in a B2B format? Absolutely.

The same technologies could be used for industry specialist software. When managing a client or a case, the software could monitor the related work and recommend services and news stories related to the case or similar cases. It could save time and effort through a course.

Big Data for Better Search Results

At present, behavioral data is not quite at the place where we need it to be. Big Data is still a growth area, but it looks at habits almost exclusively and does not take into account demographic data such as age and location. From the perspective of the legal industry, this information is much more useful. Thankfully, this tech is changing. Consumer technology is still pushing forward with data harnessing but is also pushing deep and hard towards relevance.

Big Data is no longer an emerging technology, it is mainstream. It helps governments and businesses better plan their activities and logistics, among other things.

Security Compliance

Some of the technologies already mentioned could have implications for data protection, especially those working in health. Requirements to comply with HIPAA means law firms could be treading a fine line on compliance. While there is no GDPR-like data protection like there is in the EU, the Federal government is watching developments there with interest.

If a similar system is adopted, wholesale changes to your website and services could follow with an easier opt in and opt out system for site visitors and advertising.

Research Automation

While the Law Library will never truly die, it’s potentially a slow and frustrating process. Lawyers are not necessarily great research academics although they have always needed a degree of this skill. But e-research including storing historic cases on electronic databases for access by professionals, is making this faster. What’s more, it’s created a whole new subindustry. There are now dedicated law (and other professions) research support professionals to find and implement technological solutions to age-old problems.

In 2019, the number of millennials outnumbered Baby Boomers in the US according to Pew Research Center. Until now, most of your core market has likely been “Boomers” and Gen X but all that is about to change. It’s important to understand millennials and their approach to the legal industry and your business to harness the shifting market.

Millennials Seek Help Mostly For…

This generation is now leaving education and is in the workplace. They are increasingly seeking the help of attorneys for themselves rather than on their parents’ dime. In a recent survey, it was revealed that millennials sought legal services for the following: felony charge, divorce, and child support, custody or visitation issues.

These were the top 3, the top 10 includes wills and inheritance disputes, immigration and naturalization (for foreign-born spouses), legal issues for minors, and power of attorney, amongst other things. What is clear is that this generation now has a genuine need for such traditionally “responsible” issues. The perception of millennials as irresponsible is certainly being challenged.

They Do Not Seek Help For…

Another issue challenged by this data is the belief that this generation are poor drivers. It is rare for a millennial to seek an attorney’s services for traffic violations such as speeding, running a red light, or using a cellphone while driving. This is backed in another survey carried out by the AAA.  Surprisingly, they are also not seeking help for such modern legal issues as identify theft, homeowner or landlord disputes, or financial difficulty such as debt and bankruptcy, especially student loan debt.

Millennials and Technology

Millennials are the most tech-savvy generation there is; their preferences for engaging with legal services is no different. Millennials expect firms to offer texting services, secure online messaging, and video chatting / consultations, just as they do with other services.  However, like previous generations, they still value the face-to-face meetings and appear to prefer to meet at your office to discuss legal issues. Some things will never replace the professionalism of meeting a lawyer.

Money Matters

Millennials are money conscious. The legal industry reports that this is a generation deeply concerned with budgeting and saving for the future. Most interesting, they seek value for money – they want to know precisely what they will get for the fees and how much each supplementary service will cost. They want to know they are making the right decision will a fully costed estimate and breakdown.

Every trial lawyer dreams of drafting a persuasive closing statement. Convincing the jury or the court to rule in our favor is nearly always about the presentation of the evidence rather than the evidence itself. Even if on the face of evidence we have lost, the closing statement is important as it is essential for damage-limitation. This is where many lawyers stumble and sometimes ruin an otherwise good case.

Pay Attention to Everything

Before you even begin to craft your closing statement, it’s necessary to listen. This should naturally apply to the other side so that you may address their points in the closing statement. It should apply equally to the evidence you presented, especially the opening statement. Does the evidence fit the opening statement? Does the closing statement address and answer every point in the opening statement?

Highlight Key Information and Refer Back

You cannot cover everything in your closing statement, and you shouldn’t try. You should focus on the key points where you feel your case is strongest. Include the most compelling witness statements (or those where the opposition had no compelling rebuttal) and exhibits that you refer to in the case. In some cases, the judge may make on-record comments. Where possible, address these too.

Build Around 2-3 Main Points

Your highlighted information is not the end of the process. Now, select the main points that make your case stronger. There is only so much a jury, or a judge, can process. Bombarding them with information is a fast track to defeat. Of those strongest points, which are the most compelling? Then, fit the rest of the closing statement around them. Ensure you address your opening statement too.

Address Supporting Information

This is where some lawyers tend to fail. It is tempting to use the summary to go over old ground. Don’t be tempted; instead, refer to it. The jury and the judge will remember that information with the right prompt. Needlessly repeating yourself will not leave room for relevant information and you may miss out relevant data. Ideally, this should read like a list of bullet points.

Grab Them With the First Line

A novel needs a compelling opening paragraph and so does your closing statement. A good introduction will capture the attention of the judge or the jury and propel the rest of the statement. It should invoke some key evidence such as a witness statement or refer to an exhibit or other piece of evidence. It must be simple and invoke the desire to see things your way.

Writing the ultimate motion is not easy. Cases rest on lawyers presenting a well-structured, well-organized and succinct argument. Sometimes, which way a case goes depends on submitting a motion to the court at the right time. Even if you do not win the case, a good motion will get you noticed when handled properly, respectfully and with a good argument.  It is as much an art as it is a science, but there are some key steps to take when compiling one. Inexperienced lawyers sometimes fail to use motions effectively, but sometimes experienced lawyers do too.

Plan Your Motion

Before submitting your motion, it’s important to plan it out. Specifically, you want it to address two issues:

• What are you trying to prove with the motion? (for example, that the piece of evidence upon which a prosecution’s case rests is circumstantial)
• An appeal to the judge to act in accordance with the purpose of the motion (dismiss the case, consider)

So long as these two issues are addressed and become focal points in the speech, it will be given serious consideration. A strong motion has a higher chance of being acted upon.

Brevity and Plain English

Never use 150 words when 10 will do the same job. A motion should be short and to the point, focusing on those two important issues mentioned above. Neither should you feel tempted to substitute simple and effective words for the lengthy and obscure. The one person you need to impress is the judge and they are unlikely to be impressed with superficiality. Ensure not to stray over into hyperbole; stick to the facts and aim for substance over style.

Have a Good Argument

Writing a good motion is about making a strong case for what you would like the judge to do. It might also seek to undermine the opposition’s case. However, a bad motion will focus solely on undermining the opposition’s case without putting forward its own argument. Striking a balance between casting doubt on the opposition’s case and strengthening your own is the essence of good argument in a law court.

Be Your Own Editor

Every writer knows the importance of good editing. Always give your work multiple read throughs. The first and last should always be for spelling and grammatical errors. Also edit for brevity and succinctness, and to ensure the content makes sense. Short, sharp sentences in plain English will win through every time. Don’t be tempted to over-complicate; each subsequent edit should make the motion that much clearer.

Do you, like many other professionals, have a LinkedIn presence but don’t use it? If so, you’re missing out on a potentially huge audience. Originally founded as a business networking site, it’s evolved and grown over the years to become far more than that. Here are five ways you could make better use of LinkedIn.

Share Your Knowledge

People love free stuff, especially when that free stuff is information. There is a new paradigm in business promotion; it’s called “social selling”. This is soft selling where knowledge dissemination is about setting yourself up as a thought leader. Aim to post every day and you will make yourself visible. Become a thought leader, and you can make a success of LinkedIn.

Use Hashtags

Twitter started it. Then Facebook and Instagram adopted it to make following certain subjects easier. If you’re not using hashtags on LinkedIn, you’re not making the most of the platform. These tags help highlight and identify hot topics. In the complex world of law, you make it easier for your connections and clients to follow trending subjects. Also, don’t forget to tag interested connections too.

Join Groups

Like Facebook, LinkedIn has groups covering a multitude of subjects. Anyone can set up a group and subject to a brief vetting process, anyone can join them. It’s a good idea to get involved with such groups. You never know when you’ll make a new contact, client, supplier, or even learn about new events near you. Groups are about social and professional engagement, one of LinkedIn’s key strengths.

Have a Blog? Re-publish to LinkedIn

Now, you can publish articles (different from posts) where you can share your professional opinion with the world. No matter how wide the audience on your professional blog or website, you can increase it again by republishing as a LinkedIn article. Your contacts are unlikely to spend time searching your website unless they want to know something specific. On LinkedIn, it’s handed directly to them.

Don’t Neglect Your Profile

All the other points on this list have concerned engaging others. However, you should not neglect your profile. If you have not updated it in a few years, now is a good time to do so. Fill out as much information as you are able and look through the profiles of successful contacts in your area. What are they doing that you are not? Keeping your profile updated is not just good for customer outreach, but for improving your network too.

Due to Federal and state data protection laws, wherever you operate, you might be breaking law when releasing any information. Without explicit written consent of the client, you are not permitted to discuss any details of their case, no matter how small.  Please take moment to read over the importance of client confidentiality.

Lawyers are Taking Risks on Social Media

As a business and as a legal professional, it’s important to keep oneself in check over which information is released into the public sphere. Everyone has become too open on social media, and that includes information about customers and clients. It has become second nature; however, there is a risk of a professional breach, investigation, and fine if releasing information that could help identify either a case or an individual relating to the case.  Whatever confidentiality laws apply in your state and to your legal sector also apply on social media.

Confidentiality Doesn’t End with the Case

It’s natural to assume that once a case is done, or it’s in the public sphere, there is no obligation to keep a client’s information secret. This is not true. Attorneys are required to safeguard “information related to a representation, whatever its source and without regard to the fact that others may be aware of or have access to such knowledge” at all times, according to ABA rules concerning professional conduct.  This is where many lawyers and law firms most commonly breach confidentiality rules.

Are There Exceptions?

The California Rules of Professional Conduct do provide exceptions. Here, disclosure is permitted when the attorney has reason to believe it would prevent a felony that could result in harm or death to any individual.

The ABA Model Rules go further than this. Confidential information may be released if:

• It would result in preventing a death or physical bodily harm
• It prevents a client committing a crime
• In defense of a claim that a client brings against another person
• Where a court orders release of information about a client or case

However, this will rarely be the case discussing information in a social media context and is likely to involve legal and law enforcement professionals.