Law School Grads Are PISSED The Bar Exam Got Canceled At The Last Second

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My reaction, like all applicants, is anger and disbelief. Anger that a better and more viable alternate solution is readily available, and in disbelief that a government body can be so utterly and inexcusably incompetent as the [Florida Board of Bar Examiners] is. Applicants are exhausted, and are taking several days’ well-deserved rest.

The Florida Board of Bar Examiners knew last week that there was no way the software would work. The fact that they never even went to a stress test means they knew well before last night that this wouldn’t work, and they still had no contingency plan. They had no alternative option besides delay, kick the can down the road, and hope they can figure it out later.

Who knows if it will be ready by [October]? Who knows what the realities for the applicants will be by then? People are starting work next week. They can’t wait until some undetermined time in October to get a paycheck and put food on the table. It’s utterly unethical, what the Board of Bar Examiners have done.

— Brian Heckmann, a recent graduate of Florida International University Law, commenting on the last-minute cancellation of the Florida bar exam with just two days’ notice. Considering the pandemic, Heckmann is a proponent of emergency diploma privilege for those who would like to practice law in Florida.


Staci ZaretskyStaci 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.

Legal Technology Jumps Into Police Reform

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The tragedy of the killings of Breonna Taylor and George Floyd is that they weren’t particularly unique. Innocent, unarmed Black Americans are regularly killed by police across the United States and the justice system rarely ends up doing anything about it. As Judge Carlton Reeves poignantly noted, the doctrine of qualified immunity is responsible for a lot of the system’s lack of accountability, but it gets a tremendous boost from police unions whose contracts regularly set up roadblocks to gathering information about police abuse that renders future efforts to pierce immunity next to impossible.

Police reform organization Campaign Zero is working to spread awareness of common collective bargaining provisions that undermine public safety and accountability.

But what can legal tech do about a problem like this? It turns out it can do a lot.

Kira Systems, the machine learning-based contract analysis tool, provides exactly the sort of product that can sift through hundreds of lengthy police union agreements to identify key language and that’s why the company announced that it has partnered with Campaign Zero on the “Nix the 6” initiative focusing on six particularly troubling provisions that routinely appear in union deals. Earlier Campaign Zero efforts gleaned valuable insights from a number of contracts covering America’s largest cities, but as part of this new project, Campaign Zero has collected over 600 police union contracts and Law Enforcement Officers’ Bill of Rights across 20 states, which Kira will be hosting in a smart database to provide reporters with access to them in order to inform their reporting. API integrations will be built into the website for the purpose of sharing information with other interested parties. It’s the sort of supercharged contract analysis that Kira was built for.

Kira Systems founder and CEO Noah Waisberg explained, “We believe people make better decisions when they understand what’s in their contracts. That applies in the policy realm as well as the business world. This is an area where we, as a society, really need to make better decisions.”

While organized labor has taken a vicious beating at the hands of the Supreme Court, police unions emerged relatively unscathed from the turmoil. And even though it’s nice that the right of law enforcement workers to negotiate fair wages remains largely intact, fair pay ends up a small part of police union deals bogged down by procedural perks that tend to backdoor substantive criminal justice policy into the system under the guise of collective bargaining. One might not think of erasing misconduct records as a matter for negotiation but it’s a ubiquitous provision across the country.

Campaign Zero co-founder DeRay McKesson explains:

There is a hidden system of protections that almost guarantee that policing will not change and that officers will not be held accountable for their behavior. Nix the 6’ is about breaking down the legal structures that enable police violence. Thanks to Kira’s machine-learning software, we can systematically evaluate and dismantle these contracts that stifle reform, thus making it easier to pursue fundamental change.

The six planks identified by Nix the 6 are:

  • Short expiration dates on complaints
  • Limited oversight and discipline of officers
  • Erased misconduct records
  • Police misconduct cases and consequences paid for with public funds
  • Preferential access to evidence for implicated officers
  • Unfair interrogation procedures

Kira can run through the documents and extract the varied language that fits these concepts. For example drawing out and color-coding all language related to delaying interrogations for easy review.

That can then get fed into an interface like this one that displays when the contract is up, who to contact about it, and which of the six provisions are featured. All of which are easily clickable to provide the exact language identified for these provisions.

Sometimes our corner of the tech sector can feel a little niche, oriented toward parochial needs like billing and relationship management that only really matter to the professional model we’ve built for ourselves. But the law still forms the fabric of American life and even if our tools are just about helping lawyers do their jobs day to day, legal tech has a role to play in advancing justice. What Kira’s done is take a massive, multijurisdictional, multiparty contract issue and leverage their AI contract tools to untangle it for scrutiny. Just another reminder that legal technology is doing a public service at heart.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Say What You Will About The Florida Bar Exam, But The Software Beats Apple At One Thing

Sure, the Florida bar exam dallied for weeks when it should have known that the exam couldn’t run as scheduled. And sure, the exam software still seems to have numerous security and other stability issues that may not even be solved by the expected new October date.

But there is one thing that the software platform gets right that even all the geniuses in Cupertino can’t seem to solve:

What a ducking disaster.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Degrees Of Leadingness

I always thought that whether a question was leading was a binary proposition: Either a question was leading or it was not.

Blah, blah, blah; is that right? Leading.

Can you explain why … ? Not leading.

On cross-examination, you use only leading questions. Simple enough.

But no.

There are variations. There are very leading questions, slightly leading questions, slightly nonleading questions, and completely open-ended questions. With the hardest witnesses, you must use excruciatingly leading questions.

Here’s an example:

You have a sales chart. The company sold 15 in December 2019, 14 in January, 13 in February, 12 in March, 11 in April, 10 in May, 9 in June, 25 in July, 24 in August, 23 in September, 22 in October, 21 in November, and 20 in December 2020. Thus: The company started with 15 sales per month and ended with 20 per month in the next year, but this was not a consistent increase.

With the toughest expert witness on cross-examination, use the most leading questions:

Q: The company sold 15 in December 2019. Did I read that correctly?

That’s extraordinarily leading. Witnesses quibble with a lot, but it’s hard to quibble with, “Did I read that correctly?”

Next:

Q: The company sold 20 in December 2020. Did I read that correctly?

Same deal. The witness can’t quibble. For very tough witnesses, stop there.  You’ve now made the point you need for closing: “As the expert witness conceded, the company sold 15 in December 2019 and 20 in December 2020.  Year-over-year, the sales were increasing.”

But you can be more aggressive with your questions, at the cost of more risk about the answers.

Suppose you try a third question:

Q:  So you agree that, year-over year, there was an increase in sales, right?

Maybe the witness is cooperative, and you get a “yes.” Eureka!

But maybe the witness is stubborn:

A:  Absolutely not. Sales peaked with 25 in July, and sales then decreased every month for half a year until finally bottoming out at 20 in December 2020. That’s not year-over-year sales growth. That’s a declining company. It’s a disaster.

You’re feeling a little stupid for having asked the question, but you show no emotion and battle on:

Q:  I’m asking about year-over-year. You’d agree that, on a year-over-year basis, from December to December, sales were increasing, right?”

This sound leading, but it’s an invitation for a counter-punch.

A: It depends of course on where you start the year. I think the last six months are most important, because they’re the most recent. If you focus on the recent months, sales have fallen off the edge of a cliff.

You struggle on, because you’re a fool and don’t know when to stop:

Q: But I’m talking about the end of one year to the end of the next.

A: Yes, you are, but that’s because you’re mistaken about what matters. If you were focused on the correct numbers, blah, blah, blah.

The questions looked so leading when you drafted them last week, but they weren’t leading enough.

Then, of course, there’s the other end of the spectrum — questions that only fools ask:

Q: Can you tell me any reason why the year-over-year numbers don’t matter?

A: Any reason? Now that you mention it, there are 14 reasons. Judge, please don’t interrupt me while I give a soliloquy for the next half hour, because this clown asked for it. Who hired this lawyer, anyway? In any event, reason number one is … .

Leading and nonleading questions. That is not a binary choice. Did I read that correctly?


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Rise Of The KarenBots

Let me speak to your manager if you want to live.

Last week, the Wall Street Journal asked if we trusted robots to do our lawyering for us. It was framed to evoke the standard fear of artificial intelligence that resonates with audiences. In reality, the answer is that it depends on what the robots are being asked to do, but the public needs to be educated not to embrace the blanket fear of AI because many legal tasks are actually better served by algorithms that can open up limited legal advice to underserved populations.

But in discussing this topic on last week’s Legaltech Week, it struck me that what we’re really talking about here aren’t LawyerBots, but KarenBots.

Apps designed to challenge parking tickets or secure airline refunds are “legal” to the extent that they’re asserting the user’s legal rights, but what these products really boil down to are AI marvels that harass customer service until you get that coupon you deserve.

And while Karenism in reality is a mostly reported as a negative phenomenon, in bots it’s pretty awesome. Not only are these products not using their algorithms to make racist complaints, but they actually extend a sort of Karen representation to citizens who might lack the markers of privilege required to have their complaints heard. Because for all the Karen bashing out there, the public woefully underappreciates that Karens exist because the system routinely rewards that behavior — as the ancient wisdom goes, “don’t hate the player, hate the game.”

Statistics have long shown that minority consumers get worse deals on balance from mortgages to fast food. The algorithm can shield the user from these biases and essentially be the short-cropped, indignant blonde suburbanite advocate that everyone needs from time to time.

So to revisit the WSJ headline, do I trust robots to speak to the manager? Yes, I do.

Earlier: Do You Trust Lawyer Bots? Well, It Depends.

Law Firm Accounting: The Biggest Challenges

After two years supporting law firms with accounting solutions, the PwC InsightsOfficer team has been excited to see the challenges that law firm accounting teams actually face day-to-day.
When we embarked on this journey we, and the law firms we worked with, believed
their biggest need was deeper insights and KPIs.

However, we were intrigued to find out that law firms actually face accounting challenges that are far more foundational, rooted in process and deliverables.

Panel:

  • T.C. Whittaker, PwC InsightsOfficer Leader
  • Steven Chung, Tax Attorney, Above the Law Columnist

Join our webinar on August 19th at 1 p.m. ET /10 a.m. PT to learn how law firms can overcome common accounting challenges.  Sign up below:

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Size Matters? When Copyrights, Social Media, And Art Collide

Copyright law and social media enjoy an interesting dance together. Social media platforms permit the posting of user “content” for other users — subscribers if not the entire online world — to see. Some platforms are even wholly focused on the sharing of images (Pinterest) or audiovisual works (YouTube). Sometimes the content reflects the user’s own authorship; other times it may involve the sharing of another creator’s works (and not always legally). Social media platforms enjoy a certain “safe harbors” from copyright infringement liability for the works posted by their users, whether via the “fair use” doctrine or Section 512 of the Digital Millennium Copyright Act (which limits the liability of service providers for the transmission of copyrighted works through their platforms) to name a few. But my focus here is not on the social media sites themselves, but on an interesting turn of events involving the artist Richard Prince and his use of social media posts in his artwork — more specifically, as his artwork. Like everything else with intellectual property, there is far more here than meets the eye.

For those not “in the know,” Prince is an American painter and photographer who is somewhat controversial; however, the controversy is a bit different than what you may think. Beginning in 1977, Prince began rephotographing the works of others.  An example of this would be his work Untitled (Cowboy), which apparently is a rephotographing of a photograph photographer Sam Abell used in a Marlboro cigarette ad, which according to Wikipedia “was the first rephotograph to be sold for more than $1 million at auction at Christie’s New York in 2005.” Regardless of the historical context, Prince’s work has become the subject of two copyright lawsuits filed by artists claiming infringement by Prince of their underlying works. The first case involves a photograph, by professional photographer Donald Graham, which he titled Rastafarian Smoking a Joint. The other case involves a photograph by fine art photographer Eric McNatt of musician/artist Kim Gordon. The artworks at issue? Prince basically enlarged the photographs from Instagram posts containing the works, and added new comments to the enlarged posts along with emojis. This begs the question: Does the reuse of others photographs in this manner constitute “fair use” for copyright purposes?

From a historical perspective, “appropriation art” is not something new. From Pablo Picasso’s “synthetic cubism” in the use of newspaper clippings to create forms, to pop artist Andy Warhol’s re-imagining of Campbell’s Soup can labels to Roy Lichtenstein’s appropriation of comic book pictures in his paintings (such as Masterpiece), such art has been both criticized and lauded. It seems that Prince feels that enlarging the works as presented in a social media post, along with added commentary and emoji elements, transform the works into something more, representing a new portraiture. At least his attorneys have valiantly argued this point, asserting that that their client’s work is transformative and constitutes “fair use” of the underlying images as a commentary on the “pop culture and narcissism” of social media.

This is not Prince’s first run-in with alleged copyright infringement. A little over a decade ago, photographer Patrick Cariou sued Prince, the Gagosian Art Gallery, Lawrence Gagosian, and Rizzoli International Publications over Prince’s “Canal Zone” exhibit (which used 35 photographs from Cariou’s out-of-print “Yes, Rasta” book that depicted Cariou’s experiences in Jamaica’s mountains and villages). In fact, some of Prince’s pieces barely changed the underlying works, while others superimposed gas masks, blotches of paint, or other elements over the subjects. Although the federal district court found fair use, the US Court of Appeals for the Second Circuit later reversed, finding 25 of the 30 works at issue in the case “transformative” in nature and therefore fair use. That case eventually settled in 2014, but it has left a lingering question as to what constitutes “transformative” use in such circumstances.

Fair use in copyright law permits the use of another’s copyrighted work for certain enumerated purposes (such as commentary, criticism, news reporting, teaching scholarship, and research). In determining whether fair use exists, however, Section 107 of  the Copyright Act lists four factors to be included when determining fair use in a particular case:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

This seems straightforward, but application of these factors requires rigorous application to the facts in a specific case. Moreover, the federal courts are not limited to only these factors — they operate as guidelines in determining fair use.

Notwithstanding the foregoing  — and unfortunately for Prince — he is likely fighting an uphill battle here. His motion to dismiss the case brought by photographer Graham was denied by the federal district court, holding that Prince’s work based upon ratajay92’s Instagram post is not transformative as a matter of law. He is now seeking summary judgment in both cases (having engaged in discovery), premised upon the same arguments that the use is transformative and therefore fair use. I will not delve into the fair use factors analysis or other elements here in detail (and leave that to the court) — my point here is that Prince faces a more difficult proposition than other appropriation artists before him. Unlike Warhol’s Campbells Soup Cans (which were paintings by him of the cans but with slight variations in the lettering and in the hand-stamped fleur-de-lis symbols on the bottom of each can) or Lichtenstein’s Whaam! (depicting a fighter plane shooting a missile, conceived from several DC Comics comic book panels and “presenting it as a diptych while altering the relationship of the graphical and narrative elements”), Prince is attempting to convey an artistic point of view on cultural use of social media with these works by simply (1) enlarging the original posts and (ii) adding in a fake comment or other emoji(s). Unlike transposing various works into one, or even reimagining  various photos into a visual mosaic, Prince is relying entirely upon size and original commentary as sufficient from a fair use standpoint. Whether this is enough to consider his artwork transformative is anyone’s guess.

Artists can be complicated; understanding their artwork sometimes more so. One can argue whether Prince is trying to convey artistic expression, but his motives appear genuine. Granted, the four factors may yet weigh in Prince’s favor, but it may be difficult to draw the line here (pun intended). Whether such changes will be held to rise to the level of sufficient transformation to constitute fair use is anyone’s guess, but is sure seems like a thin line here any way you draw it.


Tom Kulik is an Intellectual Property & Information Technology Partner at the Dallas-based law firm of Scheef & Stone, LLP. In private practice for over 20 years, Tom is a sought-after technology lawyer who uses his industry experience as a former computer systems engineer to creatively counsel and help his clients navigate the complexities of law and technology in their business. News outlets reach out to Tom for his insight, and he has been quoted by national media organizations. Get in touch with Tom on Twitter (@LegalIntangibls) or Facebook (www.facebook.com/technologylawyer), or contact him directly at tom.kulik@solidcounsel.com.

New Discrimination Lawsuit Filed Against Kirkland & Ellis

(Photo by David Lat)

On Friday, a discrimination lawsuit was filed against Biglaw firm Kirkland & Ellis, alleging age and disability discrimination. Nancy Lynn Perkins was a legal assistant at the Biglaw giant for almost 30 years, and alleges in the complaint that she was let go from the firm in August 2019 shortly after returning to work following brain surgery.

The amended complaint alleges that though the firm tried to couch the termination as part of a “reduction-in-force,” those that were let go were all over the age of 55. Perkins also alleges that her performance evaluations were well above average:

“Ms. Perkins’ job evaluations were consistently outstanding, with attorneys offering glowing praise for her work, and she was given raises and promotions throughout her career. There can be no claim in this case that Ms. Perkins was not meeting, or exceeding, the lofty expectations set by the Firm.”

As reported by Bloomberg Law, Perkins says that despite these consistently good job reviews after returning to work following brain surgery, she was rushed through a “sham process” of reapplying for her job that resulted in several 55+ employees being laid off:

She underwent surgery in February 2019 to repair a cerebrospinal fluid leak and returned to work two months later. However, a day or two after returning to work, Perkins said was informed that Kirkland would be restructuring its litigation support department and that she would need to reapply for her job.

After several months of what she called “a sham process” that included an online application, mandatory online course in data analytics, and a timed test in an eDiscovery database application, she was brought in to a meeting with two other legal assistants and told they did not qualify for the new positions in litigation support and was given one hour to leave.

The complaint further alleges that at the same time Perkins was being let go from the firm, it was “advertising on its website that it needed candidates for ‘new positions’ with the Firm with job descriptions that were nearly identical to the job description for Ms. Perkins’ position with the Firm.”

Perkins told Bloomberg Law that the decision to sue the firm was not one she undertook lightly:

“I didn’t want to do it [sue the firm] because I don’t want to be adversarial to some place I spent 30 years of my life,” Perkins said.

“I don’t want to do it, but on the other hand I want to hold my head up high, I did nothing wrong. I gave my best, I worked my hardest, even after brain surgery I came back and never complained,” she said.

The firm has not commented on the lawsuit.

Read the complaint below.


headshotKathryn 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).

Florida Calls Off Wednesday Bar Exam… Just Like Everyone Knew They Would

The Florida bar exam should have been called off when Indiana realized the ILG-provided platform wouldn’t support its far smaller test. The Florida bar exam should have been called off when its own test couldn’t even be run because of rampant issues. It definitely should have been called off before the Board of Bar Examiners went public claiming that everything was fixed — despite all indications to the contrary — and staked their reputation on a Monday trial run.

After all these off-ramps along the way, the Florida bar exam was called off at roughly ten to 11 p.m. on Sunday night. If that seems irresponsibly and cruelly close to the Wednesday testing date, note that many of us expected them to wait until today’s test failed and then call off the Wednesday exam sometime Tuesday morning. So, I guess… this is better?

The Florida Board of Bar Examiners, with the approval of the Supreme Court of Florida, announces that the bar examination that was scheduled for Wednesday, August 19, will not go forward. Despite the board’s best efforts to offer a licensure opportunity in August, it was determined that administering a secure and reliable remote bar examination in August was not technically feasible. In addition, the live trial of the examination software scheduled for Monday, August 17 is also canceled.

Ahem…

If only they’d known about these technical problems earlier! Surely they found themselves totally blindsided to learn that the platform wasn’t ready! Why wasn’t someone out there was explaining last week that the test wouldn’t work if they went into the weekend without having run a test?

But the Board called us all crazy for having these concerns. They went out of their way to issue statements assuring everyone that these were relatively trifling hiccups and that the test would go on. Assuming they weren’t trying to lie to everyone last week then they were deep, deep into lying to themselves until Sunday.

I don’t know if there’s any way at all to reach the population of grizzled attorneys who have forfeited the last shred of human sympathy long ago, but just consider the work that went into preparing for the bar exam and then consider the last two weeks leading up to it was marked by the state failing to meet its pre-test deadlines and then ultimately canceling it overnight giving most applicants a little over 48 hours of notice. Try to imagine taking the useless knowledge crammed into your head in the home stretch before the test and being told that you’ll just have to hold onto that until… October… maybe?

The board remains committed to offering an examination to applicants in 2020 and will reschedule the examination for a date to be determined in October. The October examination will have the same content as the examination that had been scheduled for August. The board will announce the date and other information for the October examination in the coming weeks. When this information is announced, August 2020 applicants will have the opportunity to take the October examination or to postpone to the February 2021 examination.

This amounts to about a month and a half, and while this is a decent amount of time to fiddle with a relatively finished piece of software, the experience of the month that passed from the Indiana bar exam until now fails to provide a lot of confidence in that project. But delusions are hard to dispel and the one that took the examiners all the way until 11 on a Sunday night is still fundamentally unshaken as they want us all to know that they’ve got a PLAN to hold this test in October.

And now we’ve reset the clock to string along these applicants again. Another month of promises, glitches, public relations jockeying, and almost inevitable missed deadlines. Maybe in October applicants will get a whole week’s notice when they cancel the test in lieu of a December administration!

What’s the Sherlock Holmes maxim? Once you eliminate the impossible, whatever remains no matter how improbable must be the truth. Safely executing the bar exam in 2020 is impossible. It’s time for licensing authorities to begin from that premise and see where it takes them. It could well lead to a better long-term solution.

Earlier: Florida Bar Exam Will Go Next Week… Maybe? Hopefully? Oh God.
Florida STILL Doesn’t Have A Working Bar Exam Platform. Test Is Next Week, By The Way.
Florida Cancels Test Of Online Bar Exam Because, You Know, ‘Issues’
Online Bar Exam Software Still Not Working On Friday, Test On Tuesday
NCBE President Gives Trainwreck Of An Interview


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

The Road To Success May Be Paved With Numerous Noes

Recently, a lawyer in the midst of a professional transition asked me: “Wow, how did you make many pivots in your career EASILY”?

After a prolonged pause, I told her: “You don’t know how many NOES I got along the way.”

These noes come in many forms. On your road toward the success you’ll maybe be:

  • Ignored by recruiters
  • Overlooked by CEOs
  • Discounted by managers
  • Declined by publishers
  • Underestimated by peers
  • Rejected by investors
  • Laughed at by critics

Or, most likely, some combination of all the above. We must normalize noes and rejection.

Noes happen. Often.

Noes are an integral part of your growth and, ultimately, success.

As you move through your career and accumulates noes, you will also start accumulating accompanying experiences.

For example, years later, over drinks, the same recruiters, CEOs, managers, publishers, peers, investors, and critics, will say “I ALWAYS believed in you!”

Just like noes, these are normal reactions.

They are opportunities to build an even stronger community, propel forward, and have an even greater impact.

And yes, these will be the BEST TABS you will ever pick up after you smile and say nothing.

In your mind, you may craft the most diplomatic “I told you so” response — “I wasn’t persuasive enough in the past. Too bad that you had to take a scenic route to come around.” After all, you are a lawyer!

It turns out that my followers are no strangers to noes. We had a very robust conversation.

For example, Lisa Goldkuhl, a dedicated mother and in-house supervising attorney, said, “The end result always looks easy. It’s like writing a bestselling book: the product looks effortless because no one sees all the grinding and sweat and scrapes and bruises along the way. And you are right that no one believes in you as much as you believe in yourself.” She added, “Be your own cheerleader and star quarterback and wide receiver and defensive lineman! You must learn to play every position.”

Angela Han, corporate counsel at HealthPRO Heritage and “Fit to Practice” Podcast host added, “I get no’d and snubbed on a daily basis. I get snubbed for breakfast. But a girl’s gotta enjoy her breakfast, so she gonna ignore all that.”

Getting noes is scary because it closes doors to roads that we have already been staring down. It can pull the rug out from under our feet and make any happy ending feel far away and even more uncertain. But endings are always uncertain — they’re at the end, after all.

Looking back on your career, now that you know the “ending,” how will you write the beginning and middle of your story?


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.