Articles

Further response to State Bar proposal

Thank you, Carolyn.

In MyShingle.com, Carolyn Elefant said, among other things:  "… Ed is the first LPM expert I’ve read who apparently, isn’t looking to profit off the rules by accepting them and then charging solos to help them comply. Rather, he’s using his expertise to help our profession achieve the right results.
There are many gurus who "talk the talk" of solo practice. But Ed Poll is out here in the trenches, walking the walk along with us."


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“No taxation without representation!” State Bar has forgotten this founding principle.

On Saturday, June 17th, The State Bar of California moved one step closer toward approving a new Rule of Professional Conduct requiring all California lawyers disclose whether they have malpractice insurance coverage.  The Board approved a resolution to send out for public comment a new Rule that requires disclosure to each client AND to the State Bar for placement on the Bar’s web site whether the lawyer has malpractice insurance.

The following memorandum was prepared in opposition to the Board’s position for two reasons:
First, The Board adopted not more than three months ago that the State Bar has two purposes:
1.)  To serve and advance the interests of its members, and 2.)  To protect the public
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This resolution contradicts the basic tenet of that spirit in that members’ interests are ignored. In fact, more than 60% of the Bar’s members’ economic interests are ignored.

Second, the current resolution also does not serve the real interests of public against unscrupulous attorneys (the few that may be out there); in fact, it does NOT protect the public.

Thus, the following is a statement of my initial thoughts on the resolution approved by the Board of Governors for public comment of the proposed Rule to require disclosure of whether a lawyer has malpractice insurance.  (more…)


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Bar fails again to protect its members!

The proposed revisions to the New York Rules of Professional Conduct concerning lawyer advertising were referred to me by Lisa Solomon.

After reviewing the proposed changes, I had some thoughts, expressed below without reference to any one section. My comments are of a "macro nature," not focused on the language of any one section. (more…)


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Corporate Law Departments – What do they need?

General Counsel of Corporate Law Departments are like most clients, except that they may have less time to focus on what they want/need. They tend to be true multi-taskers, wearing several hats at one time. They are the lawyer for the company. If they are effective, they are also a trusted business advisor to the CEO and other corporate managers. This leaves them less time, perhaps, to focus on the legal side than other clients. How can we meet their time-compressed needs?

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MCLE whining — Too many hours of CLE are required!

Some lawyers complain about being compelled to take continuing education programs. Lawyers generally are required to take 12 hours of continuing education per year. California now requires its lawyers take only 8 hours per year. Certified public accountants in California are required to take 12 hours. And doctors are required to take 25 hours per year!  Good thing we’re not doctors! <g>

But, wait, did you realize that plumbers are required to take education programs to retain their contractors license? Why should lawyers complain about education requirements? As I note below, the good lawyers don’t complain. They take the programs; they teach the programs. In a misguided perception of listening to its constituency, the Bar believes that including management programs in the MCLE curriculum is onerous and unprofessional!

In an OpEd piece I wrote in the current edition of Los Angeles Lawyer, I suggest that law practice management education can be used to help us learn how to run our practice more effectively and to address the issues that are of real concern to clients … and thereby reduce complaints filed be clients before our Disciplianry Boards across the country. (more…)


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ALA’s Legal Management

Rules of Engagement, How Senior Law Firm Administrators Can Protect Their Jobs, appears at page 72 in the current edition of Legal Management, the publication of the Association of Legal Administrators.
ALA has just asked me to write a regular column for them and our first regular effort will appear in their September issue. Stay tuned!

Please send me (edpoll@lawbiz.com) your thoughts about what topics you would like to see discussed in my columns.


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Proof of blogging value

Denise Howell, a fellow blogger, made it to NPR. As i was driving back home this evening (Sunday), there she was!  I was interested in the topic — How Apple sought to suggest that electronic communication is not journalism and therefore not protected under the Constitution.

But, more importantly, her public pronouncements on her blog has made her a recognized expert in her field which then got re-enforced by the radio interview.

Keep up the great work, Denise! This really can show the rest of us the lighted path to success in the new era of technology …


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Can you use coupons to market your legal services?

Michelle Golden suggets that lawyers consider using coupons to attract prospects to use your services now rather than later, if at all. Sounds like an interesting idea, but you still must somehow market the availability of the coupon. Why not just let people know that you exist, what you do and why they should call you now?


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