Introduction to the Legal Profession

Rule Of Law Materials

A. Due Process B. Separation of Powers C. Social Contract D. Judicial Independence E. Right to Counsel F. Openness and Transparency G. Protection of Certain Basic Rights H. Four Principles of the rule of law proposed by the World Justice Project:

Chapter 6: Inclusive Thinking (Shannon Smith) 1. Essential Professional Value/ Powerful Professional Advantage 2. What is inclusive thinking: 3. How Does Inclusive Thinking Work? 4. What Are the Challenges to Thinking Inclusively: 5. 7 Steps to Thinking Inclusively

1. Essential Professional Value/ Powerful Professional Advantage 2. What is inclusive thinking: a) In today's world, individual expertise and adversarial thinking alone cannot ensure success in our legal culture; they must be combined with inclusive thinking in order to lead to a competitive advantage in the marketplace. b) Individual intelligence is enhanced when collective intelligence is embraced is the foundational core of inclusive thinking as a professional value. c) Lawyers will be successful when they are capable of shifting away from rigid "right vs. wrong" or "win/lose" thinking to "full picture with multiple rights" thinking. (1) An individual must develop various diverse perspectives from which to create a more informed and intelligent opinion 3. How Does Inclusive Thinking Work? a) Practicing law today means to practice with increasingly diverse clients who have increasingly diverse problems in increasingly diverse markets... b) Inclusive thinking works by infusing our thought process with information and insights that we cannot access on our own. (1) It causes us to think critically about our own perspectives, while forcing us to consider that contradictory points of view may not only be compatible with each other, they may actually be the missing pieces we need in order to fully understand the issue. 4. What Are the Challenges to Thinking Inclusively: a) The main reason as to why most lawyers do not think inclusively is due to the fact that their conscious choices to think inclusively and their unconscious patterns of thinking-patterns that they revert to without their conscious consent- do not align naturally without deliberate focus (1) STUFF affects our thought process: Stress, Time constraints, Uncertainty , Fear, and/or Fatigue b) The main barriers between conscious choice of inclusive thinking and the unconscious patterns are implicit biases. (1) Implicit biases: unconscious decisions made about people, events, or things that are based in stereotypes, cultural expectations, or other cognitive shortcuts that brains take to think first. (2) Actively recognizing and interrupting these cognitive biases is the key to becoming a more inclusive thinker c) Inclusive thinking can provide an important edge in expected and unexpected ways in the course of practicing law, but only when there is a conscious vigilance to think beyond comfort zones and well-tread patterns of similarity, ease, and predictability. 5. 7 Steps to Thinking Inclusively a) Examine your personal network (1) How much diversity to identify, experience, perspective, and personality do you have in your personal network (a) The more diverse, the more honed your skills are b) Examine your personal network (1) Do one thing every month to diversify your professional network beyond your comfort zones c) Infuse your problem solving style with inclusive thinking (1) Identify all of the different perspectives that you need to consider d) Create productive conflict in your thought process e) Identify a time when you were unable to achieve something you really want to achieve f) Pay attention to surprises g) Meet someone new once a week.

Chapter 7: Women in the Law 1. Intro 2. Persistent Gender Inequality 3. Perfecting Legal Skill and Finding a Niche 4. Developing a strategic plan and seeking out mentors and sponsors 5. The Self Promotion Initiative 6. Strategies for Business Development 7. Search for Work-Life Balance

1. Introduction a) Statistics (1) Women now comprise 1/3rd of Supreme Court (2) More than 30% of the judges on the federal and state appellate courts. b) Regardless of the fact that women have been graduating at the same rate as men for the past 20 year, women still face unique challenges in the legal workplace. c) Women remain grossly underrepresented in positions of real power and influence in the profession, 2. Persistent Gender Inequality a) Percent of female equity partners has remained stagnant, failing to cross the 16 % threshold. b) Inverse pyramid for women at law firms (1) 70 % of law firm staff attorney positions. (2) 45 % of associate positions. (3) 35 % of "of counsel" Positions (4) 16% of equity partner positions. c) The statistics of female attorneys of color are even more drastic. (1) Less than 2 % make up equity partners. (2) Only 11 % make up associates. (3) Female attorneys of color are typically the lowest in compensations, (a) Less than white male, less than female and male attorneys of color. (4) Due to the extreme statistics, steady decline in female applicants to law schools in recent years. 3. Perfecting Legal Skill and Finding a Niche a) Single most important pre-requisite to female lawyers success is the development and honing of legal skills; imperative to become excellent lawyer. b) It is crucial for every lawyer to identify a specific practice area that she will find personally and professionally rewarding and in which she can excel. c) Implicit biases are abundant in the work place for female lawyers. (1) Female lawyers often must demonstrate greater levels of competence and proficiency and are held to higher standards than their male colleagues. (a) Unlike men, female lawyers are judged solely on performance, rather than potential. 4. Developing a Strategic Plan and Seeking Out Mentors and Sponsors a) A strategic plan should be created that contains both short and long term goals. (1) Identifying ones talents and the various options available for maximizing them. b) Find mentors who can help in the development of legal skills, ensure exposure to a broad spectrum of work assignments, provide introductions to clients, impart guidance and insight on firm culture and politics. c) Sponsors are individuals who are in power roles in the firm, and are willing to endorse you when it comes to matters of awards, job promotion and compensation. 5. The Self Promotion Imperative a) It is also necessary that one's talents and accomplishments become widely known, both within and outside the firm. (1) Critical aspect of compensation and promotion decisions. b) Self-promotion must be done tactfully, otherwise you can be labeled as "Pushy or aggressive", unfortunately this is a double standard as men do not face the same type of criticism regarding the concept of self-promotion. (1) Sponsors can help in this role. c) Female lawyers can become more visible and enhance her reputation and stature, both within and outside of her workplace, through bar association work, community involvement, publications and speaking engagements. 6. Strategies for Business Development a) Networking opportunities are extremely valuable in this aspect. b) Establishing and sustaining personal connections and relationships. (1) Maintain prior relationships with classmates from college and law school. 7. Search for Work Life Balance a) Each female lawyer needs to make an inherently individual decision concerning her own personal priorities and objectives. b) Unfortunately, female lawyers who leave the profession face frequent obstacles if and when they try to re-enter. (1) And those who find themselves successful in re-entering the profession find themselves disadvantages in terms of compensation and promotions opportunities. c) Many firms now enacting part time positions and flex positions (1) Just as beneficial cost wise as full time positions if the firm utilizes it in the correct manner.

Chapter 4: Client Change: The Age of Consumer Self-Navigation (Stephen Griffith) 1. Self-representation characterizes a person's direct, individual participation in the court system when acting as his own advocate throughout the litigation process. 2. Self-navigation 3. How did it arise? 4. Lawyers meet only 15-20% of potential legal service opportunities. 5. These new providers are aimed at capturing the remaining 80-85%. 6. People are more willing to try the Self-navigating approach than ever before. 7. Normalization 8. More people showing up to court by themselves and answering the question of "do I need a lawyer for this" with "no." 9. Whether people are successful at taking on these tasks on their own is another matter. The fact is, more and more people are trying, and as these systems continue to improve, the success rate will improve also. 10. Impact on the legal system - The court system is going to start changing to better accommodate self-navigators because the number and frequency of them will force it to. As more nontraditional users enter the legal system, it will become less formal, stringent, and ritualistic. 11. Impact on Lawyers - Obsolescence is not likely. Legal problems aren't going away, and they aren't getting easier. Lawyers must continue to meet the need for valuable assistance and trustworthy counsel. 12. New Opportunities are created: 13. Lawyers need to recognize the growing trend and be willing to adapt. 14. Counter potential damages by planning ahead: What do customers want/expect? What products or services would provide value to people who want more management and control over their legal affairs? Which products/services replace what we do? Which create secondary service markets? Which create whole new offerings? How do we price them? 15. Quality of Justice 16. Self-navigation will change the lawyer-client relationship. Lawyers need to accept that their role may move from the driver's seat, to the passenger's side.

1. Self-representation characterizes a person's direct, individual participation in the court system when acting as his own advocate throughout the litigation process. 2. Self-navigation a) Reflects the reality that many legal consumers are now content to proceed at least some distance through the legal system without the full-time assistance of counsel. b) Goes beyond just litigation c) Person assumes direct control and management over his law-related problem d) LegalZoom, WeVorce, Law Help Interactive are examples 3. How did it arise? a) Technology advancements b) People outside of the profession recognized the untapped market of legal needs going unserved c) Society grew tired of the legal institutions and the legal profession's monopoly on legal servicea 4. Lawyers meet only 15-20% of potential legal service opportunities 5. These new providers are aimed at capturing the remaining 80-85% 6. People are more willing to try the Self-navigating approach than ever before. 7. Normalization - as people become accustomed to seeing or experiencing something more frequently, it becomes less intimidating. 8. More people are showing up to court by themselves and answering the question of "Do I need a lawyer for this?" with, "No." 9. Whether people are successful at taking on these tasks on their own is another matter. The fact is, more and more people are trying, and as these systems continue to improve, the success rate will improve also. 10. Impact on the legal system - The court system is going to start changing to better accommodate self-navigators because the number and frequency of them will force it to. As more nontraditional users enter the legal system, it will become less formal, stringent, and ritualistic. 11. Impact on Lawyers - Obsolescence is not likely. Legal problems aren't going away, and they aren't getting easier. Lawyers must continue to meet the need for valuable assistance and trustworthy counsel. 12. New Opportunities are created: a) Coaching Self-Advocates (Courtroom posture, delivering arguments, etc.) b) Corporate Clients hiring more in-house lawyers c) Paralegals d) Review Documents created by Self-navigators 13. Lawyers need to recognize the growing trend and be willing to adapt. 14. Counter potential damages by planning ahead: What do customers want/expect? What products or services would provide value to people who want more management and control over their legal affairs? Which products/services replace what we do? Which create secondary service markets? Which create whole new offerings? How do we price them? 15. Quality of Justice a) People will make mistakes and the justice system may not run as smoothly with amateur participants. b) However, making justice available to many more people is an undeniable advantage. 16. Self-navigation will change the lawyer-client relationship. Lawyers need to accept that their role may move from the driver's seat, to the passenger's side.

7. The Gap Between Law School and the Legal Profession [26-27

a) Law Schools inherently focus on the academic demands of the legal profession, and reward the same behaviors academia does - grades, status, rank, research, writing. b) Often, at most law schools law students can make it through without ever interacting and working with clients and attorneys. This disconnects and separates the academic aspects from the professional aspects. (1) Two consequences of this separation: (a) Separates students from the larger goal of being a lawyer and the reasons that they want to become lawyers. (b) Makes students believe that if they hate law school then they will hate the legal profession.

Chapter 16: Pro Bono and Public Service 6. Political Service:

a) Lawyers probably make good legislators b) Capable of identifying ways to reach political goals w/o incurring legal risks c) Help elect officials that share one's philosophy d) Run for office one day yourself?

Rule of Law Materials G. Protection of Certain Basic Rights

This is the primary purpose of the rule of law. Establish a written constitution of laws that would bind the government and guarantee particular rights to its people.

Chapter 5: Successful Lawyer Skills and Behaviors 3. Labor Markets and Law Schools

(1) Recruiting grounds for legal employers with large number of corporate clients (a) These law school graduates became core input to "Cravath system" (sophisticated training methodology to produce first-rate partner-level lawyers) (2) Wasn't LSAT that set these schools apart, they only admitted students with undergraduate degree. "Disciplined minds more likely to be found among college graduates." (3) Successful "lawyer of affairs:" (a) Good health (b) Ordinary honesty (c) Sound education (d) Normal intelligence (i) Brilliant intellectual powers not essential! (4) LSAT slowly introduced. Law schools slowly shifted to LSAT cutoffs. (5) ABA and the Association of American Law Schools universalized educational features of national law schools. (6) Advent of accreditation standards, quality of pre-law preparation, and law school instruction improvements and uniformities. (a) Little effect on hiring patterns of large and growing corporate bar.

Chapter 13: Finding and Getting the Most out of a Mentor

1. Why Lawyers Need Mentors 2. Special Challenges Facing New Solo Practitioners 3. Early Attention to Ethical Risk 4. Passing Along Professional Ideal 5. The Value of Multiple Mentors 6. Engaging and Relating with a Mentor 7. Mentoring Challenges in Today's Legal Practice 8. Ethics of Mentor Communication 9. The Mentoring Movement 10. Finding Mentors Through Formal Programs or Informal Contacts 11. Cyberspace and Mentoring: Use Wisely 12. Creating Contract Capital 13. Post-Mentorship: Staying in Touch 14. Mentoring a Career Long Endeavor

Rule of Law Materials H. Four Principles of the rule of law proposed by the World Justice Project:

1. A system of self-government in which all persons, including the government, are accountable under the law. 2. A system based on fair, publicized, broadly understood and stable laws. 3. A fair, robust, and accessible legal process in which rights and responsibilities based in law are evenly enforced. 4. Diverse, competent, and independent lawyers and judges.

Chapter 1: The Qualities of the Professional Lawyer a) Elements to have: (1) Ongoing (2) An internalized (3) Integrity and (4) Adherence (5) Public service (6) Independent (7) Socialize b) Expectations

1. Average lawyers are technically smart in the field of law, but great lawyers are ones that develop internal skills and foster a value based system of development and responsibility to clients, the office, etc. (Be a good team player that is honest) a) Elements to have: (1) Ongoing solicitation of feedback and self-reflection; (2) An internalized standard of excellence at lawyering skills; (3) Integrity and honesty; (4) Adherence to the ethical codes; (5) Public service (especially for the disadvantaged); (6) Independent professional judgment and honest counsel; and (7) Socialize with peers. b) Expectations increase as responsibility increases.

Chapter 18: Social Media- Here Today, Here Tomorrow 1. Biggest takeaway 2. How lawyers can use Social Media as a Critical Asset a) Expecting the Unexpected b) Social Media in Litigation c) Marketing with Social Media

1. Biggest Takeaway: Do not be an idiot on Facebook. Do not post anything about judges, your clients, or other lawyers. If you choose to do so then you will get probably be suspended, probably get fired, and the legal community will no longer trust you. 2. How Lawyers can use Social Media as a Critical Asset a) Expecting the Unexpected (1) Get into the business of expecting new social media sites potentially relevant to your law practice quickly. Learn enough to determine if the product is something that can be used to help your practice and professional development. (2) ABA Model Rules of Professional Conduct: Keep abreast the changes in the law and its practice, including the benefits and risks associated with relevant technology. b) Social Media in Litigation (1) Proficiency in social media can be a useful aid in discovery. It goes beyond just using Facebook as evidence, but can reveal much more about a particular client if all sites, and history are obtainable. Ex: In an employment law case it would be useful to discover the employee had a habit of using their employers resources to play on Facebook, or spend considerable time logged into apps. (2) Typically discovery of communication has been limited to e-mails. With the shift in technology to messaging apps, the law is transitioning to all types of communication for discovery such as FB messenger, texting apps, etc. How then do lawyers deal with disposable social media such as Snapchat? Too many lawyers rely on the good will of clients to turn info over, but with the high percentage of social media users that is dangerous to rely on. c) Marketing with Social Media (1) Many law firms have moved to social media for content marketing. Many use blogs, Facebook, Twitter, etc to accomplish this. The issue is that with everyone moving in the same direction the market place becomes saturated. The key is Authentic Engagement. Don't be an online ambulance chaser. (2) Basically, if you are under the age of 70 then this chapter is not very relevant. Stay up to date with technology, don't say inappropriate things online, use social media for discovery purposes, and use social media for advertising and reaching out to clients, but don't abuse it. i.e. don't be the "Law Hawk" from Texas.

Chapter 9: Diligence 1. Diligence is the steady application of close attention and best efforts to the task at hand. 2. Attorney disciplinary rules and legal malpractice law make it clear that attorneys must be diligent in representing their attorneys. 3. Ethics rule on diligence and the diligence standard of care demand of a lawyer that she conscientiously and in a timely fashion do al that a client's matter requires, every time, for every client, for the duration of the lawyer's career. 4. Lack of diligence = one of the most common ethics violations generating client complaints and disciplinary action. 5. Diligence is an affirmative duty intended to prevent lawyer neglect. 6. ABA Model Rule 1.3: 7. Diligence overlaps with competence. Competence requires a lawyer to have basic legal knowledge, including knowledge of legal principles and rules, and basic skills, such as research, interviewing and counseling, advocacy, and negotiation. 8. Duty of Communication 9. A lawyer can be sanctioned if a failure of diligence is bad enough.

1. Diligence is the steady application of close attention and best efforts to the task at hand. 2. Attorney disciplinary rules and legal malpractice law make it clear that attorneys must be diligent in representing their attorneys. a) The rules of conduct obligate a lawyer to represent the client diligently. b) Malpractice law instructs that where a lack of diligence, or due care, causes a client harm, it will expose a lawyer to liability and damages. c) Absence of diligence = negligence Vigilance and constancy lie at the center of diligence. 3. Ethics rule on diligence and the diligence standard of care demand of a lawyer that she conscientiously and in a timely fashion do al that a client's matter requires, every time, for every client, for the duration of the lawyer's career. 4. Lack of diligence = one of the most common ethics violations generating client complaints and disciplinary action. 5. Diligence is an affirmative duty intended to prevent lawyer neglect. 6. ABA Model Rule 1.3: a) Comment 1: A lawyer must act on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer. b) Comment 2: A lawyer must control her workload so that each matter can be handled completely. c) Comment 3: A diligent lawyer avoids procrastination and acts promptly. d) Comment 4: When a lawyer accepts representation, she should continue to work on the matter until its completion or until the lawyer properly withdraws from the representation pursuant to the rules of conduct. e) Comment 5: There is a special responsibility on the part of sole practitioners to implement a plan to deal with the lawyer's possible death or disability in a way that protects the lawyer's clients. 7. Diligence overlaps with competence. Competence requires a lawyer to have basic legal knowledge, including knowledge of legal principles and rules, and basic skills, such as research, interviewing and counseling, advocacy, and negotiation. a) Lack of competence can result from inexperience, lack of time, or physical or mental impairment of the attorney. b) A diligent lawyer can overcome a lack of competency through self study, consultation with experts, affiliation with competent counsel to jointly handle a case, or reference of the matter to another lawyer who is competent. 8. Duty of Communication a) A diligent attorney communicates promptly and effectively with clients. b) Failure to do so potentially subjects the attorney to discipline for violating both the duty of diligence and the duty of communication. c) A diligent attorney will not go long periods without communicating with the client. d) In a world with the expectation of constant availability, it can be difficult to meet client expectations regarding communications, so the attorney must inform clients at the outset of representation of the office procedures regarding communication. e) Effective billing statements can help with communication by explaining what the lawyer has been doing, the reasons for her actions, and the amount of time involved. 9. A lawyer can be sanctioned if a failure of diligence is bad enough. a) Malpractice claims can be damaging both economically and professionally. b) A mere error of judgment or trial tactics will not give rise to malpractice liability, so long as the attorney acted in good faith

Chapter 10: Honesty, Integrity and Loyalty 1. Honesty 2. An inherent tension 3. Loyalty and its limits 4. Lawyer as a client counselor 5. Balancing client loyalty and independent judgment 6. Fees 7. Conclusion

1. Honesty a) Be honest in all dealings with the public, with each other, and with the courts b) May not always advance a client's case c) This can generate stress between a lawyer and a client d) Being dishonest can really hamper a career (judges and fellow lawyers won't trust a liar) 2. An inherent tension a) When a client admits to committing a crime; client- lawyer confidentiality b) Unpopular clients (Ex: KKK, American Nazi Party for hateful speech) (1) Duty to ensure that principles are protected even if there is distaste for someone's actions c) When a client withholds information (1) ABA ethics rule: "a lawyer 'may' reveal a client confidence if the lawyer reasonably believes disclosure is necessary to 'prevent reasonably certain death or bodily harm' Note: this is not mandatory 3. Loyalty and its limits a) Share everything with your client, good or bad, unless it may cause physical or mental harm b) Litigation- there is a specific duty of candor and honesty to the court that may trump their duties of loyalty to their clients c) Even if you know your client is guilty, the state still has to prove its case d) Correct a judge or lawyer if they are wrong about a fact in the case 4. Lawyer as client counselor a) Lawyers are advocates (advance the client's cause) and counselors (helps choose the proper course) b) Client's ultimately make the decisions, even if you think that they are being stupid 5. Balancing client loyalty and independent judgment a) Lawyers are expected to remain neutral, unemotional, and loyal to their social, professional, and institutional duties b) If your client's goals are so against your moral code, you should withdraw (Permissive withdraw), make sure it doesn't harm your client's case c) Avoid conflict of interest 6. Fees a) Never overcharge a client for legal services b) Collaborative process between the lawyer and the client 7. Conclusion a) Truly understand yourself and the profession, which will help you balance professional ethics

Chapter 2: The Legal Industry of Tomorrow Arrived Yesterday- How Lawyers Must Respond 1. Info technology and global trade are disrupting the legal practice 2. By denying that fact, it threatens the profession's core values and impedes goal of enabling people of modest means to get legal help. 3. Traditionally we use "geocentric" model of regulating lawyers, but that cannot survive. 4. We tend to overlook the problems w/ geocentric model and have been wrongly believing that only traditional law firms can offer legal help for profit. 5. We need to make changes to protect public interest & our core values, and begin to fulfill promise of affordable legal help. 6. I. The Way It's Been 7. II. How The World is Changing 8. III. What the Bar Should Do 9. Ignoring economic & structural forces confronting the legal marketplace won't make them go away, & stopping them with new rules wont help either. The bar needs to make changes.

1. Info technology and global trade are disrupting the legal practice 2. By denying that fact, it threatens the profession's core values and impedes goal of enabling people of modest means to get legal help. 3. Traditionally we use "geocentric" model of regulating lawyers, but that cannot survive. a) Geocentric model: lawyer's competence and authority are defined by geography. Lawyer's are credentialed in the law of the state that tested and licensed them. Traditionally, that's where most of their work was done. State law defines expertise, and license defines radius of practice. 4. We tend to overlook the problems w/ geocentric model and have been wrongly believing that only traditional law firms can offer legal help for profit. 5. We need to make changes to protect public interest & our core values, and begin to fulfill promise of affordable legal help. 6. I. The Way It's Been a) Usually let lawyers regulate lawyers, w/ exception of judges b) In promoting/opposing a rule, lawyers usually emphasize public interests, not their own. But sometimes their arguments are no bueno. c) Examples of when lawyers claim to promote public/client interest, but are wrong: (1) Support for minimum-fee schedules: Lawyers say lower fees are bad for clients bc lawyers would just increase volume to maintain income, therefore clients get less attention. SCOTUS rejects argument and abolished fee schedules bc they're considered price-fixing. (2) Opposition to mandatory malpractice insurance: Lawyers tend to say that requiring lawyers to disclose whether they had malpractice insurance is not good for client interests. That's obviously wrong. (3) Opposition to rule stating that non-contingency fee agreements must be in writing: Lawyers argue that lawyer would be subject to discipline if not having written fee agreement. Why though would discipline be a bad thing? There are already rules that do that for other things. Plus, there is no empirical evidence to support that argument. d) Two more problems w/ lawyers ruling lawyers (1) Quality of debate, as exampled above, is usually shitty. (2) The professions lack of leadership in the face of change has been really poor. 7. II. How The World is Changing a) Realistically, much practice today is federal law. b) For specialties, state differences are insignificant. Specialization in practice is now the defining credential, not local licensing. (1) SC lawyer in franchising law is better counsel in VA, than a VA lawyer in criminal law trying to figure out franchising. c) Been true for a while, but technology has made it impossible to ignore. Tech. enables lawyers anywhere to counsel clients anywhere. It has also eliminated importance of physical office and has therefore undermined the geocentric model. d) Tech. has also permitted lawyers to access complete law libraries in any jurisdiction. e) Many states have acknowledged the change and have stopped requiring lawyers to have a physical presence in a jurisdiction. Some have even stopped requiring lawyers to be licensed in those jurisdictions. f) There has also be recognition of virtual law offices (VLOs). (1) Physical meetings, if needed, take place anywhere/everywhere (2) The bar needs to study the conditions under which lawyers should be allowed to participate in VLOs g) We have started eliminating the traditional law firm, too. Websites offer lawyers on an as-needed basis to do sophisticated work for corporations. (1) Work done from lawyer's home using proprietary software, which eliminates office overhead and permits lower fees. (2) Because these aren't traditional firms, they can raise money in capital markets. h) Some firms have eliminated the lawyer entirely, or just made them invisible. (1) LegalZoom/Rocket Lawyer are examples. (2) Client can go online, answer a series of questions, and generate a form that accomplishes many tasks that normally require at least some legal knowledge. (3) We assume these companies hire lawyers to develop the forms, but the websites do not name or identify the lawyers at all. (4) They are also unregulated i) Now, nonlawyers (also called legal technicians or law workers), who have some legal training are jumping into the market. (1) Some states legally allow nonlawyers to do legal work (2) Makes legal knowledge available for those unable to pay legal fees (3) Scope of work is limited, and contains education and testing requirements to work as a nonlawyer. j) If we stick to geocentric model and claim only traditional law firms can sell legal services, we are deceiving ourselves. k) LPOs, or legal process outsourcers, send work abroad to perform work inexpensively by persons not admitted to a US bar or any bar. l) Litigation-funding companies have also emerged. They invest in lawsuits in return for hefty profits if suit is successful. 8. III. What the Bar Should Do a) The bar's failure to recognize/address regulatory issues is a missed opportunity. b) Lawyers become the victims of the bar's failure (1) The bar needs to reexamine the rules that govern cross-border practice. We can look to Canada and the EU for examples. c) The public also becomes the victim (1) The bar should be at the forefront of regulating nonlawyers. (2) They should also be helping to regulate document production companies (a) These companies make legal knowledge available at low cost and low risk. The companies should be amendable to civil/disciplinary process in the customer's jurisdiction in order to ensure quality and afford remedies. (b) They should at least be required to identify the lawyers who contribute. (3) Bar should be held to protect clients who turn to litigation funding. (a) The client hires a litigation funder to help front costs of litigation, then the client hires a lawyer to actually litigate. Without limits, a successful client may walk away with very little after the settlement is divided between the lawyer and the funder. 9. Ignoring economic & structural forces confronting the legal marketplace won't make them go away, & stopping them with new rules wont help either. The bar needs to make changes.

Chapter 1: Saving Atticus Finch- The Lawyer and the Legal Services Revolution 1. Intro 2. Drivers of Deep Change a) Technology b) Nonlawyer Ownership of Firms c) Adapting to the realities of an Internet-Centered Economy d) The Profession is at Risk of Losing the Right to Self-Regulate e) Starting the Discussion: How do we adapt to disruptive change? f) Conclusion

1. Intro a) What fascinates us about Atticus Finch (AF), the model country lawyer? (1) The practice of law for him was a calling rather than a business. He is an example of the type of lawyer that we should all aspire to be. b) Main question this chapter addresses: (1) Is the practice of law changing so fast and so completely that soon it will no longer resemble the vocation of AF - the professional that many lawyers joined because they had fallen in love with the very ideals AF embodied? c) Answer: (1) We must adapt and seize our future or resist and settle for lost relevance in the world around us. 2. Drivers of Deep Change a) Technology (1) Has increased the pace of the practice, people expect immediate service, people want 24/7 accessibility; this has disrupted the work-life balance (2) Advantages: better equips small firms and cuts down on research time (3) Disadvantages: often too much E-discovery, legal advice and forms are available for free online b) Nonlawyer Ownership of Firms (1) This is not a new concept, but it raises the question about how this might continue to affect the profession. Will these firms have the same level of ethics, etc. c) Adapting to the Realities of an Internet-Centered Economy (1) Boom in web-based legal service providers, such as Legal Zoom and Rocket Lawyer (2) Reasons these web-based legal service providers are so successful: accessible, inexpensive, and easy to use. d) The Profession is at Risk of Losing the Right to Self-Regulate (1) Lawyers are the last of self-regulated professions. (2) With the previously discusses advances, there are threats that we might not be self-regulated much longer e) Starting the Discussion: How do we adapt to disruptive change? (1) Change the regulatory system from one that regulates individual lawyers to one that regulates entities. (2) Permit multidisciplinary practice, so that accountants, financial planners, counselors, and attorneys may form new combined entities to allow one-stop shopping for consumers. (3) Allow nonlawyer ownership of firms in stages over five-year period. Other countries have done so and are advanced and doing well. (4) License and regulate paralegals/legal technicians so that they can offer commoditized work to consumers at a reasonable cost, independent of attorneys. (5) Offer a two-year master's degree in law that is not a JD, but in between paralegal degree and a JD. (6) Modify the ABA/AALS accreditation requirements for law schools so that they can experiment with different programs and differentiate themselves because "one size fits all" does not work. f) Conclusion (1) We must adapt but remember the characteristics of AF so that the profession continues to be one with the highest standards and morals

Chapter 14: Handling Money 1. Introduction 2. First Principles of Lawyer Financial Responsibility: Rules and Concepts 3. Misappropriation 4. Contingent fees 5. Forbidden Fruit: Why Some Lawyers Just Can't Leave it Alone 6. Financial Fitness as a Pre-Requisite for Bar Admission 7. Substance Abuse, Gambling, Depression 8. Money Management Resources for Solos and Young Lawyers

1. Introduction a) The first commandment of lawyer money-handling leave client money alone b) For disciplinary boards, dipping into client funds is unforgivable 2. First Principles of Lawyer Financial Responsibility: Rules and Concepts a) "Safekeeping Property, " this rule states the duty that a lawyer has to keep all money and property entrusted to them safe and separate with the consent of the client b) The lawyer shall keep complete records of this other property for five years after the end of representation, which includes deposits and withdrawals from client trust accounts. c) The ABA adopted the black letter Model Rules for Client Trust Account Records to address issues arising from technological advances in the banking industry, which helps lawyers comply with the "complete records" requirement. d) When lawyers receive funds from clients, they must deposit them into trust accounts. e) Lawyers must tell the client when funds are received, provide the client with a full accounting of their property, and must timely pay clients any funds obtained on their behalf. f) Lawyers may not use client money for business/office expenses or personal expenses. g) Lawyers should limit employee access to client money and monitor all transactions because the lawyer is personally liable for all transactions. h) Interest on Lawyers' Trust Accounts (IOLTA) programs have lawyers turn over interest from client trust accounts to a public fund that provides legal services for low-income clients i) There can be one IOLTA account for all clients, but a lawyer may want to set up individual accounts for cases with big money 3. Misappropriation a) Misappropriation is a concept encompassing the different ways a lawyer mishandles client funds or property and is a violation of a lawyer's fiduciary duty. b) A lawyer will be found to have misappropriated when he or she intentionally deprives a client of money by deceit or fraud. If intent is established, the lawyer will most likely face disbarment. c) Dishonest intent is not necessary to establish misappropriation. A lawyer who is a sloppy bookkeeper could be found guilty by failing to segregate client accounts d) The intent comes into play when the disciplinary agency is considering sanctions. e) Conversion is when a lawyer uses client funds for a purpose other than that which was intended without consent. Usually, the conversion is for the lawyer's use or the firm's use. f) Commingling is when a lawyer deposits personal funds into a client trust account or vice versa. g) Commingling is less serious than misappropriation and conversion, but still is prohibited. 4. Contingent Fees a) The client pays a fee only if there is a successful judgment or settlement. If there is no recovery, then the lawyer receives nothing. b) Model Rule 1.5(c), these arrangements must be in writing, signed by the client, and explained to the client. c) A common ethical breach is when a lawyer turns down an adequate settlement in the hope that it will get bigger with further negotiation, thereby increasing the lawyer's percentage-based fee. d) To avoid this, a lawyer must act in the client's best interest, tell the client about all settlement offers, and abide by the client's decision on whether to accept a settlement offer. 5. Forbidden Fruit: Why Some Lawyers Just Can't Leave it Alone a) Lawyers are just as bad at handling money as everyone else b) A lawyer can be disciplined for personally being in bad financial standing by writing bad checks, getting in credit card debt, behind on mortgage payments, or, if running an office, messing up payroll, taxes, and insurance premiums. c) Some disciplinary bodies have imposed discipline on the basis of a nexus between how lawyers handle their own finances and the likelihood they will cause harm to clients if allowed to continue practicing. d) Failing to properly handle client funds can have criminal consequences as well. 6. Financial Fitness as a Pre-Requisite for Bar Admission a) Financial fitness is a character element in the bar admission process. b) Bar examiners focus not on the presence of debt, but on signs that the applicant is handling credit and debt responsibly and has a good faith plan for retiring that debt. c) Poor finances could lead to denial of admission to practice even when the applicant has passed the bar. d) Bankruptcy as a means of eliminating student debt is not a realistic option under federal law 7. Substance Abuse, Gambling, Depression a) Lawyers with these issues are well represented among those sanctioned for abuse of client funds b) 1 in 5 lawyers is a problem drinker, which substance abuse is a factor in 40 to 60 percent of the country's lawyer discipline cases. c) Courts differ in how they discipline lawyers suffering with addiction. Some are harsh while others are more accepting if there is evidence of rehab. d) Lawyers are four times more likely to be depressed. This has led some courts to take a serious look at that when sanctioning lawyers for misappropriation. e) Most state and local bar associations have help for this issue. The ABA Commission on Lawyer Assistance helps on a national level. 8. Money Management Resources for Solos and Young Lawyers a) Young lawyers who go out on their own have no idea how to run a business. b) Law schools, as well as the ABA's Law Practice Management Section, have programs to help train young lawyers on how to run a business

Chapter 4: The Practical Case for Civility 1. Introduction 2. Defining Civility 3. Benefits of Civility 4. Civility as a Strategy 5. Conclusion

1. Introduction a) Whether within or outside of ethical bounds, having a no-holds-barred approach meant to make life unpleasant for the clients' legal adversaries can never serve a client's best interest. 2. Defining Civility a) Includes, but not limited to, treating others with respect and courtesy b) Compels a search for common interests with an adversaryfind humor rather than outrage c) But don't give in to bullies... d) Focus more on the "how" rather than objective "what" 3. Benefits of Civility a) 6 practical benefits (1) most lawyers do best work when we are not irate or angry (2) most lawyers don't do their best listening when angry (3) what goes around comes around (4) concerns respect for client's resources (5) civility affects third parties (judges/juries)more likely to win (6) helps client/attorney relationshipless bar complaints 4. Civility as a Strategy a) Judges/juries more likely to support the civil, rational attorney b) Better understanding between counsel to avoid costly and needless misunderstandings c) Better relationships with opposing attorneys can lead to mutually favorable outcome. 5. Conclusion a) Consider all possible outcomes before being uncivil b) Civility helps clients, attorneys, and the judicial process c) Has moral benefits and is more effective d) Don't fight fire with fire...use a fire extinguisher, hell avoid fire altogether b/c fire burns and it hurts

Chapter 12: Reputation

1. Reputable lawyers known for being: 2. Work hard for excellent reputation and preserve it 3. Substantive excellence is major factor in reputation; competency, professionalism and civility 4. Interaction with members of the profession and in the community can build those relationships and raise reputation 5. Reputation can be manufactured through social media, the Internet in general, the news, etc. 6. Potential clients will see your legal methods and be more or less likely to seek council based on their observations. 7. A high profile lawyer can elevate public awareness to a client's cause. 8. Clients evaluate a lawyer's reputation based on faithfulness, competence, diligence, good judgment. a) If an issue raised from a client about a lawyer passes the complaint stage and raises a question of past acts, a good reputation up to that point can be a decisive measure on whether to implement punishment.

Model Rules of Professional Conduct B. A lawyer's professional responsibilities can come from: 1. Rules of Professional Conduct 2. Substantive & procedural law 3. Personal conscience 4. Approbation of professional peers

1. Rules of Professional Conduct a) Serve to define the relationship between lawyers & legal system b) They are rules of reason c) No disciplinary action should be taken when lawyer chooses not to act or acts w/in the bounds of such discretion d) Some rules cast in terms of "should" - these don't add obligations but provide guidance for practicing in compliance with the rules 2. Substantive & procedural law 3. Personal conscience 4. Approbation of professional peers

Chapter 10: Seeking Quality in a Rapidly Changing Profession 1. The Trajectory of Careers 2. The Changing Nature of Practice and What it Means for Quality 3. What a Good Lawyer Does 4. Finding Work that Fits your Strength

1. The Trajectory of Careers a) A. What is the goal of a career in the law? (1) When you start law school, you will hope to have a meaningful career that makes a difference. Eventually, you will probably get caught up in trying to make money and trying to make a name for yourself. But as you grow further into your career, you will realize that the value of your career is often found in the quality, rather than the quantity of the work that you have done in your career. b) What is quality lawyering? (1) It is not limited to a particular political or social vision (2) It is not defined in terms of where you live or work (3) A good lawyer is someone who is honest and places value on relationships. Good Lawyer understand the value of both success and failure. 2. The Changing Nature of Practice and What it Means for Quality a) Many firms these days only look at where you went to school and your grades b) Unfortunately for students and employers, a lot of evidence exists to show that grades are negatively correlated to networking, service, and business development skills. c) Now, clients are seeking out "better, faster, and cheaper" legal services, so profitability, rather than professionalism and effectiveness, is the measure of success within the profession. (1) This has led to a lot of midsize firms having to close or merge. (2) The demand on legal services has diminished because big firms can do all of the work faster and cheaper than smaller firms, so many students are not able to find jobs when they graduate because clients are only seeking out the big firms. (3) Another fast and inexpensive way for clients to get the information they want is through the internet, even further eliminating the need for lawyers. (4) Many clients are now also employing in-house or general counsel to decrease costs or limited the range of issues they are paying firms to handle (i.e. only for crisis management). d) D. Increasing the demand for lawyers (1) We must have to reach out to the poor and middle class Americans who have unmet legal needs. (2) To provide them with adequate representation, there has to be a shift that allows for a high quality and affordable legal education and a commitment of public funding to provide that representation. e) Specialization of larger firms (1) It limits the relationship that can be built between the lawyer and the client. When firms were more general, the lawyers would be able to build a stronger relationship with their client, because they would understand the larger scope of the business and build an ongoing relationship of trust. (2) These larger firms have become more cost-conscious, so junior associates are no longer getting the on-the-job training that used to be underwritten in the fees. (a) This leads to significantly less qualified and competent lawyers. (b) It also has led to significantly larger number of billable hour requirements. f) The future of lawyering (1) It is likely that there will be an increase in virtual practice (i.e. virtual hearings and dispute resolution). (2) There will be less need for face-to-face contact. (3) Many people feel like the increase in innovative legal technology will also benefit lawyers, as it gives them a medium to exercise their human judgment and move the industry forward by helping a greater number of people more quickly and efficiently. That will allow new lawyers to build reputations and identify new clients while creating a better-informed public and decreasing costs of legal services. 3. What a Good Lawyer Does (Kelly Reid) a) It is all too easy to drift off course... b) "keep up professional values under the pressure of countervailing forces," it is necessary to be, "grounded in the traditions of your domain, as embodies in the teachers, mentors, or paragons whom you admire." c) Seek the advice of support of "allies," other professionals who share your purpose d) "resolve to stick by your principles," to make a commitment to doing your best work and doing it ethically...having a strong foundation when the winds of changes shift e) What marks "good work?" (1) Serving the true interests of clients (a) Engage clients in moral conversations that allow them to identify the clients' true interests, which are often different from what they first express (b) Need empathy, patience, experience, and sometimes a dose of humility to divine true interests (2) Develops and Implements Strategies to help clients achieve goals (a) Efficiently finding answers to important questions (b) Critical to know both what you do know and what do not know (3) Interest in Maintaining Legal Community (a) May not get along with all in legal community, but commit to actions that prevent he fraying of that community (b) Aspire to view the actions of lawyers/judges in favorable light, avoid gloating and sulking (4) Interest in Welfare of Larger Community (a) Look for "win-win" opportunities that advance interests of both clients and communities - interests of client's trump, though...if damage to community is unacceptable, can decline to represent 4. Finding Work that Fits Your Strengths a) Biggest determinants of finding the right job for you: your strengths and your values b) 85% of lawyers change jobs at least once c) people who use their strengths at their jobs are 6x more likely to be engaged in that job and 3x more likely to be happy with their lives, in general

Chapter 16: Pro Bono and Public Service

1. The duty of the legal profession: 2. Defining Pro Bono 3. Benefits to Lawyers: 4. Public Employment: 5. Service to the profession: 6. Political Service: 7. Charitable and other Community Work: 8. Conclusion

Chapter 3: Civility as the Core of Professionalism 1. What is civility? 2. Civil Conduct as a Condition of Lawyer Licensing 3. Zealous Advocacy v. Civility 4. The Problem of Declining Civility 5. Recommitting to civility

1. What is Civility? a) Disposing of misconceptions about civility: (1) You do not always have to agree to be civil (2) Sometimes criticism is necessary for civility (3) You do not have to like a person to be civil (4) Using good manners does not always equate to civility b) Civility is a code of decency that characterizes a civilized society. 2. Civil Conduct as a Condition of Lawyer Licensing a) State licensing authority committees on character and fitness recommend admission only where the applicant's record demonstrates and justifies the trust of clients, adversaries, courts, and others in the profession. b) Civility is a requirement for obtaining and retaining a law license. 3. Zealous Advocacy v. Civility a) Model Rule 1.2- A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. b) A lawyer is not bound, however, to press for every advantage that might be realized for a client c) Appropriate zeal never extends to offensive tactics or treating people with disrespect d) The lawyer guards the tone of the interactions, in practice this often means refusing a client's demand to act uncivilly with other parties. e) A lawyer may withdraw if the client insists on taking repugnant actions. 4. The Problem of Declining Civility a) In 2006, 71 percent of attorneys reported experiencing rudeness, sarcasm, deliberate misrepresentation of facts, not agreeing to reasonable requests, frivolous use of pleadings, and inflammatory writing in briefs or motions. b) Lawyers are twice as likely to experience mental illness and substance abuse due to the level of pressure accompanying the work they do. Uncivility only adds to these unnecessary stressors. c) The system of justice requires us to recognize that civility is the cornerstone of legal practice. 5. Recommitting to Civility a) Civil lawyers are more effective and achieve better outcomes b) Civil lawyers build better reputations c) Civility breeds job satisfaction d) Incivility invites attorney discipline

Chapter 2: The Authentic Lawyer- Merging the Personal 1. What is an authentic lawyer? 2. What is authenticity? 3. Studies of lawyers show causal link between authenticity and being a good lawyer 4. Authentic Law Student 5. Staying True to Intrinsic Motivations 6. The Challenge of Law School a) Downside to Thinking Like a Lawyer b) The Competitive Environment of Law School 7. The Gap Between Law School and the Legal Profession 8. Meeting the Challenge: The Cultivation of Habits a) Habits of Connection

1. What is an authentic lawyer? [20] Living consistently with one's deepest values and core beliefs. 2. What is authenticity? [20] a) The ability to hold on to personal values and goals while integrating them with a newly-acquired identity as a lawyer. 3. Studies of lawyers show causal link between authenticity and being a good lawyer [20] a) Studies also show people who live authentically are better at what they do and re generally happier. (1) Better Lawyer = better spouse, friend, parent, community member, etc. (2) Inauthentic = unethical, anxious, stress, and damages personal relationships. 4. Authentic Law Student [20 - 21] a) Law School poses challenges to living authentically. (1) Students are adults. (2) Students are already shaped by prior life; professional experiences; emotional, mental, and physical experiences. (3) Beliefs are fairly well engrained by the time a law student has completed H.S. and College. b) There are high rates of clinical depression and substance abuse among lawyers and law students. c) There is a large attrition rate of lawyers to other fields (disenfranchisement, "burn-out"). d) Conclusions: (1) Inauthentic persons are unhappier, unfulfilled, and more likely to act unethically. (2) Inauthentic persons do more poorly in law school and legal professions. 5. Staying True to Intrinsic Motivations [21 - 23] a) Intrinsic Values (1) Actions that a person genuinely enjoys or that furthers a fundamental goal (a) Reading a book, spending time w/ friends and loved ones. (2) Extrinsic Values (a) Actions that a person takes because of external rewards (i) Money/Grades/Honors, desire to please or impress. (3) When personal values are more intrinsic, people are happier and more satisfied. (4) Extrinsic motivations can be healthy, and often produce positive results. (a) Easier to justify acting in ways that are outside of character or value system in order to obtain the external reward. (i) Driven by grades and the satisfaction she derives from them, Law Student cheats on an exam to Cali because she believes any means is justified to get to that reward. (b) Easier and more likely to violate deeply held beliefs (i) Driven by grades and the satisfaction of them, Law Student neglects family, refuse to work with weaker students, or studies only for the test for the immediate gratification of the grade. (5) Psych. Studies show that many law students experience a motivational shift in their 1L year. (a) Most entering 1Ls are intrinsically driven. By the end of 1L year many have shifted to being primarily extrinsically driven. 6. The Challenge of Law School a) The Downside to Thinking Like a Lawyer (1) Learning to think critically and analytically, and discarding irrelevant facts, serves to desensitize and depersonalize students to the party's names, feelings, beliefs, etc. (2) Law schools teach students how to compartmentalize, but often fails to teach how to integrate these skills into a student's personal values. b) The Competitive Environment of Law School (1) Students are being prepared from day 1 for an adversarial and competitive environment. (2) Focusing too much on competition causes students to lose sight of what matters most to the student. (3) Competitive environment has deleterious effects: (a) Devalues and discourages collaboration (b) Forces students to suppress personal feelings, such as fear or anxiety, and put on a mask of confidence and toughness. 7. The Gap Between Law School and the Legal Profession [26-27] a) Law Schools inherently focus on the academic demands of the legal profession, and reward the same behaviors academia does - grades, status, rank, research, writing. b) Often, at most law schools law students can make it through without ever interacting and working with clients and attorneys. This disconnects and separates the academic aspects from the professional aspects. (1) Two consequences of this separation: (a) Separates students from the larger goal of being a lawyer and the reasons that they want to become lawyers. (b) Makes students believe that if they hate law school then they will hate the legal profession. 8. Meeting the Challenge: The Cultivation of Habits a) Habits of Connection (HoC) [28-30] (1) Help students to focus on maintaining and finding new relationships. (2) One way to build HoC is to list important relationships - friends, family, etc. Then think about where those people fit in priorities of time and attention. (3) Be aware of how the profession may impact those relationships. [28] (a) Law students love to argue, and do so often. This can be new or uncomfortable for others the student has a relationship with. (b) Part of learning the profession is learning how to separate necessary skills in the profession from their use in personal lives. (4) Prioritize what is urgent from what is important. [29] (a) Law students too often view every deadline as urgent (i) Brief due, journal due, job applications, etc. (b) This causes us to forsake relationships to address all of the "urgent" needs. (c) Develop time-management skills that allow you to meet your obligations without ignoring your relationships. (5) Develop new relationships in law school. [29] (6) Develop professional contacts in law school. [30] (a) Faculty members are also an important developmental and mentoring tool. (7) Habits of Reflection (a) Reflection helps students to chose fields which they desire to make a difference in, and in which they can be well-paid for their services. (b) Helps to focus the law student's attention on extracurricular and law classes to meet their goals. (i) Crim-oritented should focus on crim courses and extern/intern in the Crim Field. (c) Reflection can be done while: (i) Listening to music (ii) Meditating (iii) Praying (iv) Going out for a quiet walk (v) By keeping a journal (vi) [Insert other hippie activity here]

Rule of Law Materials F. Openness and Transparency

A. Ensures that laws created are known and understood by the people. This creates predictable results, which keeps the law from becoming arbitrary. Similar actions must produce similar results so that people can use the law as a guide to their actions.

Why Civility and Why Now A. In the past professionalism was a non-issue B. 1958 American Board of Trial Advocates formed because they wanted to promote civility C. Winning at all costs and incivility become the rule so 2 classes of lawyers emerge D. Today, majority of attorneys conduct themselves honorably; however, lawyers report discomfort with incivility in every jurisdiction of US

A. In the past professionalism was a non-issue B. 1958 American Board of Trial Advocates formed because they wanted to promote civility 1. Concerned about preservation of right of civil jury trials 2. Civility in practice of law C. Winning at all costs and incivility become the rule so 2 classes of lawyers emerge 1. Mentored in civility a) Learned that civility protects integrity of judicial system and serves best interests of their clients 2. Exposure to discourteous conduct became de facto training a) Rambo lawyers b) Created issues for ct. system bc it was unequipped to deal with it D. Today, majority of attorneys conduct themselves honorably; however, lawyers report discomfort with incivility in every jurisdiction of US 1. Efforts by bar members to focus attention to problems have been unsuccessful 2. National Board of Directors of ABOTA took leadership role a) Made DVD to show why civility matters Mission is to inculcate young lawyers before they get the disease

Model Rules of Professional Conduct

A. Lawyers Responsibilities B. A lawyer's professional responsibilities can come from: C. Legal Profession Largely Self-Governing D. Failure to Comply with the rules is a basis for invoking a disciplinary process

Model Rules of Professional Conduct A. Lawyers Responsibilities 1. Representative of Clients 2. Officer of the Legal System 3. Public citizen having special responsibility for the quality of justice

A. Lawyers Responsibilities 1. Representative of clients, a) A lawyer is an advisor, an advocate, a negotiator, and an evaluator b) Be competent, prompt, & diligent c) Maintain communication with a client d) Keep in confidence info relating to a client (so far as disclosure is required by Rules of Professional Conduct) 2. officer of the legal system a) Use law's procedures only for legitimate purposes & not to harass/intimidate others b) Demonstrate respect for legal system & for those who serve it c) As a member of the profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge, work to strengthen legal education, and further public's understanding in the rule of law 3. public citizen having special responsibility for the quality of justice a) seek improvement of the law & access to the legal system

Rule of Law Materials B. Separation of Powers

Dividing the government into 3 branches (Legislature, Judicial, Executive). 1. Discussed in James Madison's Federalist Papers- How to balance power in the government. 2. Ensures that no one person is able to gain absolute power and stand above the law.

Rule of Law Materials A. Due Process

Everyone is entitled to a fair and impartial hearing to determine their legal rights. 1. Stems from Article 39 of the Magna Carta to ensure that the life, liberty, or property could not be arbitrarily taken away.

Rule of Law Materials E. Right to Counsel

Guarantees criminal defendants "the assistance of counsel". The State must provide legal counsel if a defendant cannot afford to. 1. Gideon v. Wainwright brought this to light. Grounded in the 6th Amendment. It would be unfair to have a defendant defend himself against the resources of the State.

Rule of Law Materials C. Social Contract

In return for the benefits of social order, we agree to live according to certain laws and rules. 1. Elizabeth Cady Stanton- People must be asked to obey laws that they can and will obey. If laws become impossible, or even difficult, the respect of citizens for the law will erode.

Rule of Law Materials D. Judicial Independence

Judges are independent from political pressures and influences when they made their decisions. An independent Judiciary is essential to maintaining the rule of law because it ensures that everyone has a fair chance and court and that judges will be impartial in making their decisions.

1. What is an authentic lawyer?

Living consistently with one's deepest values and core beliefs.

Chapter 16: Pro Bono and Public Service 4. Public Employment:

a) "No higher calling" than working for the govmt, for the people b) Just practice law, instead of worrying about running a business c) Get real practice experience earlier than people who go straight to working for firms d) Don't have to make a career of it, tho... e) Benefits us all, something every lawyer should consider

Chapter 5: Successful Lawyer Skills and Behaviors 1. Overview a) Absence of non cognitive factors cause lawyers to be fired or to plateau b) "... (H)ighly effective lawyers draw upon a diverse array of skills and abilities that are seldom taught, measured or discussed." c) U.S. News & World Report rankings law school admissions exclusive focus on LSAT and GPA (ignores relevant information/other significant life accomplishments)

a) Absence of non cognitive factors cause lawyers to be fired or to plateau: (1) Inability to relate to clients/colleagues (2) Lack of drive/passion (3) Inability to effectively supervise/delegate legal work (4) Lack of professional network b) "... (H)ighly effective lawyers draw upon a diverse array of skills and abilities that are seldom taught, measured or discussed." (1) Misplaced heavy emphasis on academic credentials by elite legal employers/large law firms (2) These "markers" have little ability to predict future performance c) U.S. News & World Report rankings law school admissions exclusive focus on LSAT and GPA (ignores relevant information/other significant life accomplishments) (1) Creates a systematic mis-weighing of ability/future ability; a counterproductive expectations gap. This negatively affects law students' belief in self-potential. (a) "Capping" of expectations undercuts value of innovation in legal education. (b) Underestimation of true power of teaching, training, practice, feedback, and coaching to create lawyers (advocates, counselors, problem solvers)

Chapter 16: Pro Bono and Public Service 5. Service to the profession:

a) Bar service - leadership opportunities, experience, etc b) Mentoring—do it, should be structured not, "yo, holla if you need anything" c) Public Education—do good stuff so people don't think all lawyers are shitty

Chapter 12: Reputation 1. Reputable lawyers known for being:

a) Competent b) Conscientious c) Thorough d) Effective e) good character f) caring g) dependable h) solid i) Family importance

Chapter 5: Successful Lawyer Skills and Behaviors 5. Empirical Evidence of Successful Lawyer Behavior

a) Emphasis on LSAT and UGPA has fundamentally reshaped legal education. b) Poor correlation between lawyer performance and academic predictors/law school prestige can be observed in outcomes of leading student trial court tournaments. No relationship between top-ranked law schools and domination of these competitions. (1) Not only does intelligence matter; motivation, drive, quality of experience, training, and practice time available to the student also matter. c) For every 5.4 graduates from elite law schools, one elite graduate is promoted to partner. For all other law schools, that corresponding statistic is 1.95. (1) National law schools are overfished. (a) Many aspiring lawyers are lured into large, elite law firms because they possess the requisite pedigree and high starting salaries. (b) Study showed that lawyers from elite law schools were the leas satisfied with large firm practice and were the most likely to leave. Personality, motivations, and values may pull in different direction of hiring company. d) In an increasingly competitive legal marketplace, some employers are likely to revisit basic assumptions on recruitment.

Chapter 2: The Good Lawyer is Courageous 2. Psychological Courage

a) Enables one to overcome personal fears (1) Example: Facing a jury trial or overcoming an addiction

Chapter 13: Finding and Getting the Most out of a Mentor 8. Ethics of Mentor Communication

a) Ethical considerations should be top priority during all mentor meetings b) If the discussion turns to a particular case or legal matter and the mentor is from a different firm the dialogue should be appropriately constrained. c) Informal relationships between lawyers can be very useful and legal knowledge is often transferred that way. d) Protecting the client's identity is number one priority

Chapter 8: Mastering the Craft of Lawyering 2. Duty of competence a) First rule of professional responsibility is dedicated to competence b) Knowing ones limit's c) Researching the law d) Learning to listen e) Focus on controlling law f) Effective advocacy g) Overcoming inexperience h) Time to Breathe

a) First rule of professional responsibility is dedicated to competence (1) Lawyer's responsibility to know the law b) Knowing ones limit's (1) New lawyers often find themselves often find themselves in a bit of a box when assessing competency to handle a matter (a) the mere fact that a client's problem may involve law or practice that is unfamiliar doesn't mean lawyer has to reject it (i) Depending on where you work, you may have a more experienced (a) In larger firms, new lawyers may be assigned to a particular area, and will soon begin to concentrate their learning in a narrow area and will soon have basic competence. c) Researching the law (1) Legal principles of yesterday may not be relevant today. (a) These unknowns may be found in (i) Statues (ii) Regulations (iii) Case law (b) There could be splits in authority (i) Secondary sources such as casebooks, treatises, restatements, and law review articles may be a better place to begin when learning a new area. (ii) Most legal research is computer assisted. d) Learning to listen (1) Cases belong to clients not lawyers (a) Good lawyers understand client's goals, values, needs and wishes that will guide a successful representation. (i) Built on respect and trust e) Focus on controlling law (1) Most cases are resolved on the basis of what the law is, not what it should be. f) Effective advocacy (1) Encompasses both oral and written communication g) Overcoming inexperience (1) One challenge for a new lawyer is isolation (a) Must of the best legal work comes out from collaboration (b) New lawyer who are in solo or small firms may lack the richness of such an experience (c) Somehow it is imperative to find guidance and support (2) Many bar groups have young lawyer sections devoted to the experience of being new member of the profession. (a) Some larger cities have programs in which new lawyers can obtain training or partner with more experienced practitioners to represent people of limited financial means (3) Specialty Bars (a) Financial and time issues (i) Lawyer must assess their financial and time resources to determine whether a particular matter may be ethically undertaken. (b) Search for mentors (i) All new lawyers should seek out mentors to help them build professional competence (ii) Some states and bar groups have formal mentoring programs (a) In other jurisdictions, new lawyers are required to be in mentored environment for the first year. (b) A good mentor can be a friend, guide, and an advisor. (c) May be able to assist the new lawyer in making a reasoned appraisal of whether undertaking a particular representation is a wise choice. (4) Less experience lawyer can carry the day (a) New lawyers sometimes surprise more experienced counterparts by learning the client's case in every detail. (b) Opponents sometimes underestimate the level of preparedness the new lawyer brings to the transaction or case h) Time to breathe (1) Important to take time to step back, evaluate, think, and plan (2) Relieves stress

8. Meeting the Challenge: The Cultivation of Habits

a) Habits of Connection (HoC) [28-30] (1) Help students to focus on maintaining and finding new relationships. (2) One way to build HoC is to list important relationships - friends, family, etc. Then think about where those people fit in priorities of time and attention. (3) Be aware of how the profession may impact those relationships. [28] (a) Law students love to argue, and do so often. This can be new or uncomfortable for others the student has a relationship with. (b) Part of learning the profession is learning how to separate necessary skills in the profession from their use in personal lives. (4) Prioritize what is urgent from what is important. [29] (a) Law students too often view every deadline as urgent (i) Brief due, journal due, job applications, etc. (b) This causes us to forsake relationships to address all of the "urgent" needs. (c) Develop time-management skills that allow you to meet your obligations without ignoring your relationships. (5) Develop new relationships in law school. [29] (6) Develop professional contacts in law school. [30] (a) Faculty members are also an important developmental and mentoring tool. (7) Habits of Reflection (a) Reflection helps students to chose fields which they desire to make a difference in, and in which they can be well-paid for their services. (b) Helps to focus the law student's attention on extracurricular and law classes to meet their goals. (i) Crim-oritented should focus on crim courses and extern/intern in the Crim Field. (c) Reflection can be done while: (i) Listening to music (ii) Meditating (iii) Praying (iv) Going out for a quiet walk (v) By keeping a journal (vi) [Insert other hippie activity here]

Chapter 16: Pro Bono and Public Service 8. Conclusion

a) Help the poor (1) You can also help yourself by helping the poor!

Chapter 5: Successful Lawyer Skills and Behaviors 2. Intelligence Versus Other Factors In Determining Lawyer Effectiveness a) High Performance as a lawyer depends on 3 factors

a) High Performance as a lawyer depends on 3 factors (1) Intelligence/cognitive ability (2) Motivation, drive, personality (3) people skills

5. Staying True to Intrinsic Motivations [21 - 23]

a) Intrinsic Values (1) Actions that a person genuinely enjoys or that furthers a fundamental goal (a) Reading a book, spending time w/ friends and loved ones. (2) Extrinsic Values (a) Actions that a person takes because of external rewards (i) Money/Grades/Honors, desire to please or impress. (3) When personal values are more intrinsic, people are happier and more satisfied. (4) Extrinsic motivations can be healthy, and often produce positive results. (a) Easier to justify acting in ways that are outside of character or value system in order to obtain the external reward. (i) Driven by grades and the satisfaction she derives from them, Law Student cheats on an exam to Cali because she believes any means is justified to get to that reward. (b) Easier and more likely to violate deeply held beliefs (i) Driven by grades and the satisfaction of them, Law Student neglects family, refuse to work with weaker students, or studies only for the test for the immediate gratification of the grade. (5) Psych. Studies show that many law students experience a motivational shift in their 1L year. (a) Most entering 1Ls are intrinsically driven. By the end of 1L year many have shifted to being primarily extrinsically driven.

Chapter 13: Finding and Getting the Most out of a Mentor 12. Creating Contact Capital

a) It is extremely important to have a web of professional relationships: not just one or two, b) The first people you reach out to may not be the source of a job or business, but one of their contacts may be. c) The questions help determine whether or not the mentorship is on the wrong track: (1) Does either the mentor or the protégé feel that the process is not productive? (2) Is the process engaging the mentor to perform work tasks as opposed to offering broader counseling and advice? (3) Is the mentor trying to change the protégé? (4) Are personal issues with no relation to professional development being brought into the process? (5) Is the mentor "taking over" aspects of the protégés practice or a particular case?

Chapter 2: The Good Lawyer is Courageous 5. Historical Example of Courage

a) John Adams defending eight British soldiers and their captain, who faced charges of murder for deaths of five American civilians in Boston in 1770 b) Verdict: 7 acquittals and for 2 privates, conviction on the lesser charge of manslaughter

4. Authentic Law Student [20 - 21]

a) Law School poses challenges to living authentically. (1) Students are adults. (2) Students are already shaped by prior life; professional experiences; emotional, mental, and physical experiences. (3) Beliefs are fairly well engrained by the time a law student has completed H.S. and College. b) There are high rates of clinical depression and substance abuse among lawyers and law students. c) There is a large attrition rate of lawyers to other fields (disenfranchisement, "burn-out"). d) Conclusions: (1) Inauthentic persons are unhappier, unfulfilled, and more likely to act unethically. (2) Inauthentic persons do more poorly in law school and legal professions.

Student quality, 25% allocation, subject to strategizing: aggressively market school to prospective students and allocate limited scholarship dollars to optimize median undergraduate GPAs and LSAT scores 6. Conclusion

a) Legal profession must think seriously about skills/behaviors that produce great lawyers. (1) The world needs more great lawyers. b) This chapter gives evidence to suggest that there is a large number of students that possess the requisite intelligence, personality, drive, and character. c) Availability heuristic (1) Human mind naturally gravitates to what appears to be relevant and readily available information rather than to the rigor of gathering data to answer difficult questions. Disproportionate weight lawyers give to markers of academic achievement, intelligence, and law school prestige.

Chapter 8: Mastering the Craft of Lawyering 1. Process of lifelong learning a) Many students believe graduation marks the end of the learning period and the beginning of the doing period b) The practical training still only imparts a superficial understanding of the substantive law in a particular subject area.

a) Many students believe graduation marks the end of the learning period and the beginning of the doing period (1) Law schools offer practical training through (a) Legal research and writing courses (b) Clinics (c) Externships (d) Internships b) The practical training still only imparts a superficial understanding of the substantive law in a particular subject area. (1) Deep subject matter knowledge is typically only learned through practice

Chapter 13: Finding and Getting the Most out of a Mentor 14. Mentoring as a Career Long Endeavor

a) May still learn from others with different strengths no matter how far along one is in their career. b) Even brand new lawyers have knowledge to share. c) For a mentor, mentoring can enhance their professionalism. (1) Can help them learn where they need to improve and leave a legacy.

Chapter 13: Finding and Getting the Most out of a Mentor 10. Finding Mentors Through Formal Programs or Informal Contacts

a) Mentoring connections are stronger and more structured when managed through an established mentoring program. (1) Informal mentoring is also encouraged b) Long-term and meaningful mentorships may form after meeting at a bar association meeting, a law firm event, a continuing legal education program, etc. c) Mentors can be found in unexpected places- even opposing counsel

Chapter 13: Finding and Getting the Most out of a Mentor 4. Passing Along Professional Ideal a) Mentors help transmit the values of the profession b) Mentors convey these values by: c) Pro bono agencies

a) Mentors help transmit the values of the profession (1) Civility (2) Responsibility that comes with being an officer of the court (3) A clients interests comes before the lawyers b) Mentors convey these values by: (1) Discussing his own experiences (2) Introducing the new lawyer to groups that prize professional ideals (a) Bar associations (b) Inns of Court c) Pro bono agencies

Chapter 13: Finding and Getting the Most out of a Mentor 7. Mentoring Challenges in Today's Legal Practice

a) Most lawyers stayed with a firm their entire legal career and firms gave them useful mentoring. b) Now legal communities tend to be much larger and more diverse, with expectation that lawyers will change employers several times during the course of their career. c) A significant number of lawyers are entering the field without a mentor.

Chapter 13: Finding and Getting the Most out of a Mentor 1. Why Lawyers Need Mentors a) New lawyers "don't know what they don't know" b) Success as a student doesn't necessarily translate as to success as a legal professional c) Law school and law practice are very different d) New lawyers have to learn how to:

a) New lawyers "don't know what they don't know" b) Success as a student doesn't necessarily translate as to success as a legal professional c) Law school and law practice are very different d) New lawyers have to learn how to: (1) Hold their own against more experienced lawyers (2) Work with difficult clients (3) Write research memos that are helpful to particular attorneys and briefs tailored to specific judges (4) Master the art of courtroom argument or negotiations (5) Strike a workable balance between personal and professional life. (6) Work well with administrative assistants and paralegals who often know more about routine aspects of the practice of law than recently graduated lawyers.

Chapter 13: Finding and Getting the Most out of a Mentor 3. Early Attention to Ethical Risk

a) New lawyers are at a heightened risk when it comes to ethical standards b) What you don't yet know can hurt you. c) Having a mentor can help a new lawyer become more competent as quickly as possible while staying out of trouble.

Chapter 16: Pro Bono and Public Service 2. Defining Pro Bono a) Not: b) IS: c) HEART OF PRO BONO: LEGAL SERVICES TO THOSE WHO NEED BUT CANNOT AFORD THEM

a) Not: (1) "Public Service" or unpaid legal work (2) Helping your niece out of a DUI (3) Helping a valued client's son out for getting caught with some pots. b) IS: (1) Providing legal services to those who need but cannot pay (2) Participation in activities for improving the law, legal system or the legal profession (presumably for the poor...) c) HEART OF PRO BONO: LEGAL SERVICES TO THOSE WHO NEED BUT CANNOT AFORD THEM

Chapter 16: Pro Bono and Public Service 3. Benefits to Lawyers:

a) OVERALL OBJECTIVE IS TO BENEFIT CLIENTS... But... b) Satisfaction (**** yeah, I helped that dude out of a real jam!) c) Invaluable Courtroom Experience d) Valuable guidance from practitioners who are subject matter experts e) Responsibly explore new areas of practice f) Make professional contacts/network g) Recognition and publication

Chapter 16: Pro Bono and Public Service 1. The duty of the legal profession:

a) Only Lawyers can help with legal injustices victimizing the poor b) Drowning Metaphor: ... c) Otherwise, justice will only be available to those with means d) ABA Model Rule of Professional Conduct 6.1: every lawyer has an obligation to provide legal services to those who cannot pay, regardless of professional prominence or professional workload

Chapter 13: Finding and Getting the Most out of a Mentor 9. The Mentoring Movement

a) Participation can be mandatory or voluntary depending on the jurisdictions

Chapter 16: Pro Bono and Public Service 7. Charitable and other Community Work:

a) Pretty self explanatory b) No less valuable or worthwhile than Pro Bono, just different c) A main conduit of community engagement by lawyers d) Networking, etc...

Chapter 2: The Good Lawyer is Courageous 3. Moral Courage

a) Principle that all lawyers should hold dear (1) "Every person (citizen or noncitizen, popular or unpopular, hero or scumbag) is entitled to a defense" b) Emotion is at the bottom of courage Emotion should be strong enough to outbalance the personal costs that normally drive decision making

Chapter 2: The Good Lawyer is Courageous 4. Four Cardinal Virtues (ranking 1-4)

a) Prudence b) Justice c) Fortitude (Courage) d) Temperance

Chapter 13: Finding and Getting the Most out of a Mentor 5. The Value of Multiple Mentors

a) Relying upon one attorney to heavily may unduly burden a mentor. b) No single mentor has the best skillset to assist with every challenge. c) Different mentors have different strengths and weaknesses. d) Different Mentors will become important at different stages of ones career.

Chapter 12: Reputation 2. Work hard for excellent reputation and preserve it a) Reputation Built on: b) Reputation can last a lifetime c) Reputation is fiction as well as fact d) You begin earning your reputation early on, and forge relationships to give the reputation longevity

a) Reputation built on: (1) deeds done (2) established relationships (3) attainment b) Reputation can last a lifetime c) Reputation is fiction as well as fact d) You begin earning your reputation early on, and forge relationships to give the reputation longevity

Chapter 13: Finding and Getting the Most out of a Mentor 11. Cyberspace and Mentoring: Use Wisely

a) Social media can provide answers for new attorneys quickly b) Most experienced attorneys are member of the baby boomer generation or generation x. c) These generations place a higher value on face to face meetings d) In-person conversations provide a better opportunity to discuss complex issues e) In face meetings may lead to long lasting mentorships or friendships.

3. Studies of lawyers show causal link between authenticity and being a good lawyer [20]

a) Studies also show people who live authentically are better at what they do and re generally happier. (1) Better Lawyer = better spouse, friend, parent, community member, etc. (2) Inauthentic = unethical, anxious, stress, and damages personal relationships

6. The Challenge of Law School

a) The Downside to Thinking Like a Lawyer (1) Learning to think critically and analytically, and discarding irrelevant facts, serves to desensitize and depersonalize students to the party's names, feelings, beliefs, etc. (2) Law schools teach students how to compartmentalize, but often fails to teach how to integrate these skills into a student's personal values. b) The Competitive Environment of Law School (1) Students are being prepared from day 1 for an adversarial and competitive environment. (2) Focusing too much on competition causes students to lose sight of what matters most to the student. (3) Competitive environment has deleterious effects: (a) Devalues and discourages collaboration (b) Forces students to suppress personal feelings, such as fear or anxiety, and put on a mask of confidence and toughness.

Chapter 13: Finding and Getting the Most out of a Mentor 6. Engaging and Relating with a Mentor a) The Right Approach b) The Meeting

a) The Right Approach (1) The meeting should be set up for valid informational or educational purposes. (a) Don't set up the meeting as a means to an end. No one wants to be an item on someone else's checklist. (2) Generic requests= generic rejections (a) "I just want to meet you" won't cut it. (3) Be authentic and sincere b) The Meeting (1) Leave it to the senior lawyer to decide the meeting place, time, and format. (2) For initial meeting coffee or lunch work well (a) Dinner or drinks isn't a good idea- don't want it to turn into a dating opportunity for either side. (3) It is likely the senior lawyer will have glanced at the new lawyers resume, Linkedin, or twitter. (a) Use these outlets in a professional way to distinguish oneself from the multitude. (b) Be professional in all social media and emphasize positive characteristics (4) New lawyer should come to the meeting with questions they really want answered. Not time fillers. (5) This is an opportunity to start a dialogue that will lead to a successful mentoring relationship. (6) Useful questions include: (a) Would you share with me your thoughts on certain law firms? (b) Is there anything I should be doing differently in starting my career? (7) Important to ask the right questions and right sized questions (a) Avoid: "How can I get a job in six months?" or "How can I double my business?" (8) Good starter questions: (a) What is one thing I can do every day that should help me in getting a job or developing a business? (b) Who do I know now that may be a person of influence in twenty years?

Chapter 2: The Good Lawyer is Courageous 1. Courage for lawyers

a) The ability to do the right thing when doing the right thing isn't easy b) Without courage you can't practice any other virtue consistently

2. What is authenticity? [20]

a) The ability to hold on to personal values and goals while integrating them with a newly-acquired identity as a lawyer.

Chapter 13: Finding and Getting the Most out of a Mentor 13. Post-Mentorship: Staying in Touch

a) The burden falls the student to remain in touch. b) Maintain effective contact so that you are not forgotten. (1) Send a holiday card (2) Follow the lawyer on twitter

Chapter 13: Finding and Getting the Most out of a Mentor 2. Special Challenges Facing New Solo Practitioners

a) They face an even greater challenge in terms of gaining practical knowledge and experience b) They have to: (1) Develop a business plan (2) Create a marketing strategy (3) Choose a business entity (4) Establish IT and accounting systems (5) Acquire appropriate malpractice insurance c) These challenges can be overwhelming

Chapter 5: Successful Lawyer Skills and Behaviors 4. The Impact of the U.S. News & World Report Rankings a) U.S. News & Report Rankings have made law schools competitive about factors: b) Student quality, 25% allocation, subject to strategizing: aggressively market school to prospective students and allocate limited scholarship dollars to optimize median undergraduate GPAs and LSAT scores c) Developed heavy weight on numerical credentials

a) U.S. News & Report Rankings have made law schools competitive about factors: (1) Reputation scores among academics and practicing lawyers (2) Educational resources (faculty-to-student ratio (3) Student scholarship funds (4) Size of library (5) Employment and bar passage rates (6) Student quality (25%) (a) GPA (b) LSAT scores, and admissions selectivity b) Student quality, 25% allocation, subject to strategizing: aggressively market school to prospective students and allocate limited scholarship dollars to optimize median undergraduate GPAs and LSAT scores. (1) Past 2 decades, pressures for higher rankings have fundamentally altered admissions. Top 50 schools strive for highest possible median LSAT and UGPA. c) Developed heavy weight on numerical credentials (1) Consequence - little room to consider other relevant factors of an application