Author: TSA Press

The holiday season – and many CLE deadlines – are just around the corner. Whether you’re hoping to squeeze in some CLE before you travel, or looking to finish your CLE requirements before the end of the year, Lawline has you covered. With over 35 programs on the calendar in November, with topics ranging from key SCOTUS cases and corporate whistleblower protections, we’ve got something for everyone. Check out some of November’s CLE highlights below.

How to Franchise a Business: A Practitioner’s Guide. If you’re advising a client looking to turn their existing business into a franchise, it’s important to be aware of a number of different state laws, as well as the Federal Trade Commission regulations. This program will cover the applicable laws and regulations, as well as practical advice for guiding potential franchisors. Airing Monday, November 4, 2019 at 11:30 a.m. (EST

State & Local Government Issues at the Supreme Court, 2018 – 2020. This program will review some of the most interesting Supreme Court cases from the 2018 – 2019 term, and a few cases from the upcoming 2019 – 2020 term, that will have a large impact on state and local governance. There’s something for every kind of lawyer in this one. Airing Tuesday, November 12, 2019 at 2:30 p.m. (EST)

Hot Topics in Corporate Whistleblower Protections. This timely program offers a discussion of recent developments in protections for corporate whistleblowers, including the Taxpayer First Act, protected conduct under the Sarbanes-Oxley Act, the impact of Wadler v. Bio-Rad, and more. Airing Thursday, November 14, 2019 at 3:00 p.m. (EST)

If you can’t attend a live webcast, don’t worry! All of our courses go on-demand within 48 hours after airing (and you can check them out with our free trial). Check out these highly rated programs that were recently added to our catalog:

How to Succeed in a Contested Guardianship Proceeding. Regardless of who an attorney represents in a contested guardianship proceeding, the goal should be to protect the Respondent with diminished capacity. This program covers trial tips to achieve this outcome for attorneys representing either party, and pitfalls to avoid. Originally aired on October 1, 2019

Cybersecurity & Data Privacy: Regulatory and Enforcement Update. Recent cybersecurity enforcement has seen lawmakers asking businesses to protect their data, networks, and customer information or face stiff penalties. This program reviews recent enforcement trends, legal developments in cybersecurity, and predictions for 2020. Originally aired on October 10, 2019

Representing Plaintiffs in Wrongful Death Cases. This program provides strategies for trials involving wrongful death claims, including best practices in mediation, out-of-court settlements, handling experts at trial, issues for the surviving family members, and much more. Originally aired on October 22, 2019

I’m definitely working really hard and it’s a commitment that I’ve chosen to take this time away from my family to study and to not go out with my friends and live a different life. And I’m so OK with that.

— Kim Kardashian West, discussing her legal aspirations during a panel at the New York Times DealBook Conference earlier this week. “I love it and I just hope that one day I can start a firm that will help with prison reform,” the first-year legal apprentice continued. She again reiterated her desire to hire people who are currently behind bars, because “they know the law better than most lawyers.”

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

The pressure is on at Gibson Dunn. The firm finds itself in the middle of a controversy surrounding its use of mandatory arbitration agreements as a condition of employment. Fourteen LGBTQ+ student organizations at 13 different law schools have announced they will no longer accept money from or otherwise promote firms that have mandatory arbitration agreements. As part of this campaign, they’re targeting Gibson Dunn’s arbitration policy (though summer and first-year associates are not subject to mandatory arbitration, the firm still uses it for non-attorney staff).

The open letter, written by Harvard Law School Lambda and the People’s Parity Project (student activists that have kept the heat on Biglaw firms over their use of mandatory arbitration agreements), was signed by the following organizations: Queer Caucus at Berkeley Law School, University of Chicago Law School OutLaw, Columbia Law School Outlaws, Cornell Law Lambda, Georgetown University Law Center OutLaw, Harvard Law School Lambda, Harvard Law School Queer & Trans People of Color, Michigan Law Outlaws, New York University School of Law OUTLaw, Northwestern Pritzker School of Law OUTLaw, Stanford Law School OutLaw, UCLA School of Law OUTLaw, University of Pennsylvania Law School Lambda Law, and Yale Law School OutLaws. Additionally, Harvard Law School Lambda, Michigan OUTLaws, UCLA OUTLaw, and Yale Law School OUTLaws are ending their existing partnerships with Gibson Dunn over the practice.

“Workplace discrimination remains alive and well in the legal profession—and we cannot in good conscience promote employers as LGBTQ+ friendly when they are using forced arbitration to sweep discrimination, harassment, and other workplace misconduct under the rug. The reality is that as long as Gibson Dunn or any other firm subjects its employees to forced arbitration, we simply do not know whether they are safe and equitable workplaces for queer and trans workers,” said Sejal Singh, a founding co-director of the People’s Parity Project and member of Harvard Law School Lambda.

Additionally, the People’s Parity Project announced that as a result of this campaign, Williams & Connolly will end their mandatory arbitration practice.

The practice of mandatory arbitration agreements in Biglaw first came under fire when Munger Tolles was called out on social media for the practice last year. That firm changed their policy as a result, and other firms voluntarily did away with the practice. Others required some good, old-fashioned pressure, but eventually eliminated the agreements. But, of course, there have been some firms that have held fast, despite complaints and bad press.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Today, Milbank beat Cravath in announcing year-end bonuses. Which other firms have done so in the past?

Hint: Before now, it’s only happened two times since 2006, the year Above the Law first started tracking Biglaw bonus news.

See the answer on the next page.

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Three Western states’ efforts to rethink how they regulate the legal profession have drawn plenty of attention, and rightly so.

But Arizona, California, and Utah are not alone in examining hot-button topics such as whether to allow fee splitting with nonlawyers.

In Illinois, a panel created by the Chicago Bar Association and Chicago Bar Foundation is examining potential changes to the state’s legal marketplace.

The Task Force on the Sustainable Practice of Law & Innovation held its first meeting early last month.

A press release announcing the panel’s creation highlighted that the task force will strive to propose regulatory changes bolstering access to justice for consumers. But the chairs of the task force also made clear in their prepared statements that the panel will examine how to improve the legal market for lawyers.

“We intend to evaluate technologies, rule modifications and other changes, including the possible expansion of legal referral platforms to promote a more viable and sustainable law practice for Illinois attorneys,” said Task Force Co-Chair E. Lynn Grayson of Nijman Franzetti LLP.

Task Force Member Jayne Reardon said in an interview that she is glad the panel will be dually focused on “the fact we have so many lawyers who cannot have a sustainable and rewarding practice at the same time we as a profession are failing to meet the civil legal needs” of consumers.

While the justice gap has been well-documented for some time, Reardon said she thinks the myriad challenges facing lawyers in the current environment have been a key driver of the active focus on legal regulatory reform in multiple states.

“What I think is different now is that it has become clear over the last several years that the construct and structures of the legal profession are not working for lawyers either,” said Reardon, executive director of the Illinois Supreme Court Commission on Professionalism.

The Illinois task force also plans to closely follow developments in the Western states that are further along in their reform efforts, and it has established a National Advisory Council to help it do so.

Utah’s Work Group on Regulatory Reform released its recommendations in August. They were adopted by the Utah Supreme Court soon after, and the state’s implementation work is underway.

Arizona’s Task Force on the Delivery of Legal Services released its report and recommendations last month. The Arizona Judicial Council will determine next steps.

California’s Task Force on Access Through Innovation of Legal Services released tentative recommendations in the summer and is working to complete a final report in the coming months. Several members of that panel are on Illinois’ National Advisory Council.

Reardon said she thinks Utah has proposed the most novel approach to date. One of their recommendations called for the creation of a “regulatory sandbox” that will allow nontraditional legal services providers to “test innovative legal service models and delivery systems.”

These providers, such as legal tech companies, will be permitted to do their testing without being accused of engaging in the unauthorized practice of law. They will do so under the supervision of a new regulator implementing a “risk-based, empirically-grounded regulatory process for legal service entities.”

“Utah is in fact reimagining legal services in a way that breaks out of the constraints that have been basically the norm for the last 100 years,” Reardon said. “There is a lot of promise there. How they work out the regulatory piece and the regulatory sandbox will be interesting to watch.”

As for Illinois, the task force there hopes to identify and recommend ethics rules changes to the Illinois Supreme Court by September 2020.

Lyle Moran is a freelance writer in San Diego who handles both journalism and content writing projects. He previously reported for the Los Angeles Daily Journal, San Diego Daily Transcript, Associated Press, and Lowell Sun. He can be reached at lmoransun@gmail.com and found on Twitter @lylemoran.

What do millennials look for when shopping for a lawyer? They want to know if you’ll meet with them in Starbucks. They want to know if you accept payment via Venmo or Bitcoin. They want to know a fun or quirky fact about you.

That, at least, is the premise of Modern Attorney, a new attorney directory that aims to match millennial clients with lawyers who fit their lifestyles. The site encourages attorneys to create profiles that show their personalities and in which they are transparent about their services and fees.

The directory was launched by the people behind bankruptcy site NextChapter, which was acquired in September by Fastcase. Janine Sickmeyer, NextChapter’s founder, told me that she originally created the directory to help funnel leads to the bankruptcy attorneys who use NextChapter, but that it proved so popular, she decided to open it to all practice areas.

“Six months ago, we at NextChapter started talking about how we would look for an attorney,” Sickmeyer said. “All of us agreed we aren’t going to go find an attorney in the ways people might have done so in the past. We want to find lawyers who work the way we live, who will meet us in a coffee shop or talk with us over video chat.”

Profiles show how the lawyer communicates, options for consultations, and ways in which the lawyer is tech savvy.

Lawyers’ profiles on Modern Attorney have sections that tell potential clients the different ways they will communicate — such as by email, text or remotely. They tell whether the lawyer meets by video conference, in coffee shops, or by traveling to the client.

Profiles indicate the ways in which a lawyer is tech savvy, showing when a lawyer has a secure client portal, uses “modern technology,” and communicates by texting. Profiles show average fees per hour or per matter, and the payment methods the lawyer accepts.

Profiles offer ‘fun facts’ about the lawyer.

Lawyers are encouraged to offer “fun facts” about themselves. One says he plays bass in a wedding band. Another says she bakes over 200-dozen Christmas cookies every year. Profiles have sliders for lawyers to indicate whether they are cat or dog people, prefer mountains or cities, and lean more towards books or sports.

Profiles do not have peer or user reviews.

“The benefit of this profile is to show your personality,” Sickmeyer said. “Millennial clients want to meet with an attorney who works the way they live.”

Clients Contact Attorneys Directly

Potential clients who come to the site search for lawyers by choosing a practice area and then a city or zip code. They then get a list of matching attorneys, which they can further refine by filters such as whether they accept Bitcoin or offer free consultations.

If a client finds a lawyer who interests them, they click a “Get Quote” or “Message” button on the lawyer’s profile page. Either button leads to a brief series of modal screens that ask for more information about the client and the matter, after which the information is sent to the attorney.

Although this lawyer matches a search for divorce, the contact form assumes the contact is for a bankruptcy.

Right now, there seems to be a problem with these screens, in that they assume the potential client is filing bankruptcy. If I search for and find a divorce lawyer or personal injury lawyer and click the contact button, I get the same screen asking me if I am interested in filing bankruptcy for myself or my business.

For attorneys who are also customers of the NextChapter bankruptcy platform — soon to also offer an immigration platform — any leads that come through this directory can be ported over to NextChapter.

The nascent directory is still light on lawyer listings, so searches often come up nil. But that is to be expected with any new directory, until it has time to gain traction.

In order to beef up its listings, Modern Attorney is offering lawyers the ability to sign up for free through the end of the year. For those who take advantage of this offer, their listings will remain free forever, Sickmeyer said. Starting Jan. 1, the cost of a listing will be $25 a month plus a $150 initiation fee.

Sickmeyer said that her next step for the directory will be to build awareness of it among consumers. That will be the hard part, she says, given the competition among lawyer directories for prominence on Google.

Bottom Line

So do millennials need their own lawyer directory? In my opinion, any potential client of any age will benefit from a directory that offers greater transparency into lawyers’ practices, fees and technology. Modern Attorney is nicely designed, provides useful information at a glance, and makes it easy for a potential client to reach out to an attorney.

As for whether an attorney is a cat or dog person or bakes cookies, I doubt it really matters to potential clients. But there is nothing wrong with letting a little personality show through.

Given that you can currently sign up for this directory for free and then lock that in forever, seems like a lawyer looking for more clients would have nothing to lose.

Biglaw bonuses are out today, with Milbank leading the way.

The bonuses are the same as last year. Based on my inbox, associates are not exactly thrilled about the extra $15,000 to $100,000 this scale provides. Of particular issue is the fact that in 2018, associates got summer bonuses. In 2019, they did not. So, in overall bonus compensation, a same-scale bonus actually results in less compensation for associates.

I kind of get why firms would be cautious. This could well be the last, or at best penultimate, bonus season before another “market correction.” It makes sense for firms to hold back in preparation for the coming recession.

On the other hand, I think the angered associates have the right of the argument. Why should the firms be hoarding profits in preparation for the recession, instead of sharing more of those profits with the employees, some of whom will be laid off next recession anyway? I doubt very much that in 2021, Milbank will say, “Well Bob, we don’t have to fire you because we cheaped out on bonuses in 2019.”

One associate worked the numbers and determined that Milbank should be paying more to associates if for no other reason than the fact that Milbank is billing clients more for associate labor.

Thanks for your coverage of our early bonuses here at “Thrillbank”. But I thought your article was too generous to Milbank. I know you called out the decrease in total comp, but the article was way too positive. I get it–it’s exciting that they announced early. But they’re trying to cheap out on us by tens of thousands of dollars for the same amount of work.

They increased rates by 4% this year, so comp should go up, not down.

The next firms down the line should know they are going to get ravaged by the legal rags if they just match when the partners get millions while the workhorses don’t even get a cost of living increase

I mean, don’t get me wrong, I’m all about the populist revolution taking it to the fat cats and demanding a more even distribution of wealth. But… you know… a four percent rate increase is not necessarily the hill I would die on. Especially since Biglaw associates are not the people most associated with the righteousness of the proletariat.

The key issue is that if bonuses are a “reward” for “good times,” then Milbank should be giving more because we are still in the good times.

Milbank bonuses static – nobody seems surprised although word on the street is firm had a very good year.

I support the thought here among the mildly disgruntled associates.

However, I’m reminded of an F. Scott Fitzgerald quote:

Maybe there was a way out by flying, maybe our restless blood could find frontiers in the illimitable air. But by that time we were all pretty well committed; and the Jazz Age continued; we would all have one more.

When the lights flash for last call, some people say, “Man, it’s getting late,” and get ready to go home. Other people rush to the bar and buy two more drinks. Which one of those people you are will probably say a lot about how you view this bonus season.

Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Ryan Daugherty Sharp to our pages.

Six years ago, I transitioned from my law practice to become an owner/officer in the automatic door company that my father started when I was two, and ran until his retirement. I am clearly not the only attorney to move from the legal field to the construction world, which is riddled with daily negotiations and relies heavily on collaboration, organization, and timely flexibility. The only distinguishing factor for me is that I also happen to be a mother to three adorable, magical, messy, crazy, creative, and VERY energetic children. There are still, unfortunately, just not that many mothers in leadership positions in the construction industry. Further, because I entered both the ownership track and the “mommy track” at nearly the same time, I never had the practice and example of working for someone else while navigating parenthood. I basically started with a blank slate.  I was — and am — simultaneously “allowed” to take whatever time I want off, make my own schedule, and set up my own rules about being a working mother, but I am also completely and utterly responsible for any impact any absence places upon our business, finances, and employees.

At first this was overwhelming for me, but over the last several years, I have grown to appreciate this experience.  I have the unique vantage point of being able to simultaneously experience and address the following questions from the perspective of both a new mother and an employer.

1. What challenges do my employees and customers — both male and female — experience in fulfilling their roles while also parenting?
2. As a small business that may not always be able to provide big-ticket items (extended paid leave, duplicated employee roles for coverage, etc.), how can I provide employees with accommodations that truly make a difference, but also fit our business needs?

Here is what I have determined can really make a difference.

One Size Doesn’t Always Fit All – Each parent (and each parenting couple) has their own dynamic, and provided that your employee is dedicated and good at their job, that information is quite useful. Each person has a different level of detail that they want to share with their employer, but years ago, we started asking employees what their personal goals were, not just their professional goals.  Employees have wanted to save for a house, plan for retirement, compartmentalize work and home better, get home earlier, get healthier, etc. Meeting these goals can actually improve performance and focus, though they can initially seem unrelated or counteractive to workplace goals.  Thus, our team has made it a point to try help find ways to help with these goals whenever possible.  In fact, we have helped employees become more efficient, take on more responsibility, or even rearrange their schedule in a way that benefits both our company and their balance. Sometimes it just takes an honest conversation and some creativity.

Culture  – Most parenting benefits focus on paid maternity leave. For a small business (40 employees), it is somewhat difficult to offer extended leave because most job duties are unique to the individual employee. However, there is a very long span of time between when someone returns to work after a new baby and when they become an empty-nester, and a company’s culture can make so much difference in how an employee is able to navigate work and parenthood. For us, this goes way beyond congratulating a new mother or father or commenting on their kid’s cuteness (though we love doing that too).  We have found that encouraging our employees to build comradery through quarterly team-building activities and our own general willingness to communicate has led to an environment in which employees are more willing to cover a new parent’s on-call rotation, or swap or share shifts in order to accommodate a family activity.  This has, in turn, benefited our business, employees, and recruiting capability immensely. We have also encouraged office-based employees to bring their kids with them to the office or vary their schedule instead of miss a day of work (and pay) when childcare falls through. We have also worked with employees to create a work-from-home schedule to reduce summer child care costs. My kids join me regularly at the office, and we have acquired quite an extensive box of shared toys and art supplies to entertain. Since my brothers and I grew up hanging out at this building with our father, it seems particularly natural for us to have this same dynamic continue.

Flexibility – This is tricky, as we are a service profession. However, I have found that allowing varying levels of schedule flexibility is highly beneficial to employee retention and general work production. For us, it has been more about creating a culture in which — when the timing doesn’t matter — there isn’t any undesirable implication to sending an email outside of regular working hours, or in saying, “Hey, can we meet 30 min earlier because I have to pick up my kid.”  We extend the same culture to our customers as well, and they appreciate it. When it does not matter, we try to work with our employees and customers.  On the other hand, when it does matter, then we fully expect everyone to understand.  Our experience is that they do.

Let’s be real, I don’t always navigate this perfectly: I lose my cool, I need a nap, I rely heavily on others.  Still, I sometimes fall short of being the parent and employer I want to be.  My hope is, however, that a continued focus on the above items and on communication about being a working parent can help be serve my business, my family, my employees, and my customers better.  I hope that some of my observations can serve you as you navigate the balance of being a working parent for yourself, spouse, employees, co-counsel, and clients.

Earlier: Mothers At Law: Achieving Meaningful Success In The Legal Profession

Ryan Daugherty Sharp pursued her education at the University of Georgia where she was a member of the UGA Swimming and Diving team, graduating with a BLA (Landscape Architecture) from the College of Environment and Design. Thereafter, she worked as a Federal Planner in Pittsburgh and throughout the world, for the engineering firm now known as Atkins North America. After attending law school at the University of Kentucky, she went on to practice construction, employment, and real estate litigation matters at McBrayer, McGinnis, Leslie & Kirkland, PLLC for the next five years. In 2013, she brought these diverse skills and client services to Door Equipment Company (DEC), and now serves as its CFO and a partner in the business. She particularly enjoys being able to find new and efficient solutions for Door Equipment’s customers, working alongside skilled employees, and always striving to make DEC the best door company in the business.

Bonus season has officially arrived — and it’s here SUPER early!

It’s actually a bit shocking that Biglaw bonus season is here so soon. This is actually the earliest that Biglaw bonuses have been announced since 2009. But what comes as an even bigger shocker is the fact that Cravath was not the firm to make the first move on year-end bonuses. That’s right, Biglaw associates can once again thank the firm that brought about the $190K salary scale for their early bonuses. Thank you, Milbank!

So, let’s get into the details. What do the bonuses look like this year?

Class of 2019 – $15,000
Class of 2018 – $15,000
Class of 2017 – $25,000
Class of 2016 – $50,000
Class of 2015 – $65,000
Class of 2014 – $80,000
Class of 2013 – $90,000
Class of 2012 – $100,000
Class of 2011 – $100,000

If you recall, these are the exact same bonuses that were handed out last year (and 72 percent of our survey respondents thought this would be exactly what happened). But you may also recall that earlier this week, we reminded everyone that if 2019’s year-end bonuses were the same as last year’s, overall bonus compensation would be substantially lower than in 2018, since associates at many high-end firms also received special summer bonuses. Perhaps Cravath will come swooping in with some higher bonus bucks for associates? We suppose we’ll find out as bonus season unfolds.

Bonuses at the Milbank will be paid on or before December 31st, meaning associates may miss out on holiday gift spending, but will surely have a very happy new year.

Read the full bonus memo on the next page.

Remember everyone, we depend on your tips to stay on top of important bonus updates, so when your firm matches, please text us (646-820-8477) or email us (subject line: “[Firm Name] Matches”). Please include the memo if available. You can take a photo of the memo and send it via text or email if you don’t want to forward the original PDF or Word file.

And if you’d like to sign up for ATL’s Bonus Alerts (which is the alert list we also use for salary announcements), please scroll down and enter your email address in the box below this post. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish. Thanks for all of your help!

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.