YourABA July 2011 Masthead

YourABA June 2011

Finding independence: Advice for women going solo
Starting your own practice takes courage, and if you’re a woman it takes conviction. That’s why the ABA Commission on Women in the Profession invited women with their own practices to share their experiences. The editor of the resulting book, Karen M. Lockwood, shares the wise insights from the 101 letters that can help entrepreneurial women succeed.
Top three mistakes to avoid

Are you prepared for today’s e-discovery requirements?
In the past 18 months, the courts have begun to mandate discovery of data once thought too burdensome to access, reports Jim McGann of Index Engines. He cites particular changes on the state level as well as Judge Shira Scheindlin’s opinion in Pension Committee v. Banc of America Securities.
Litigation readiness emphasized

Young lawyers: Tips to rise above your peers in this still-struggling economy
Recent law school graduates are facing the worst job market since 1996. For those fortunate enough to find employment, Betsy Collins of Burr & Forman LLP draws from her 25 years of law practice to offer the newly hired practical strategies for a thriving career.
What partners want from their associates

Step-by-step strategy on managing lawyers with chemical addictions/i>
Lawyers with chemical addictions are frequently ignored, largely because of stigma within law firm culture and the fact that no industry-wide standard exists for getting lawyers fully recovered and back to work. Todd C. Scott of Minnesota Lawyers Mutual Insurance Company provides strategies to help managing partners address lawyers’ treatment and recovery issues.
Threat of job loss effective as recovery motivator

Employee misclassification can lead to big penalties for employers
Employee misclassification is becoming an increasingly large problem for employers, workers and the government. According to Clayton Halunen of Halunen & Associates, “The single greatest potential liability to any company that misclassifies independent contractors is the state and federal tax obligations that may result.”
An Obama priority: Tax revenue retrieval from misclassification

Tips on creating a paperless office—it is possible!
“The paperless office is not a myth,” says Margaret (Molly) DiBianca of Young Conaway Stargatt & Taylor, LLP, who writes the Going Paperless Blog.  “It is, and has been a reality for many lawyers for many years.”
How DiBianca and others have done it

Tips on navigating the ethical pitfalls of corporate internal investigations
Corporate employees interviewed in connection with internal investigations can pose significant ethical risks to corporate counsel, say Craig Margolis and Lindsey Vaala, whose practice at Vinson & Elkins, LLP, focuses on government investigations. If an employee can demonstrate the existence of an attorney-client relationship with corporate counsel, that counsel could face negative consequences.
Advice on using the Upjohn warning

Pros and cons of a virtual office from successful solos
Jayne Sykora recently graduated from law school during one of the worst legal job markets in 25 years.  After spending several months unsuccessfully looking for employment, she teamed up with another new lawyer to open Sykora & Santini PLLP in Edina, Minn. After methodical, strategic and resourceful decision making, the two lawyers now have a steady stream of business.
Alternative to home-based practice preferred

Designing a compliance program for antitrust enforcement regimes begins with identifying commonalities
“Think globally, act locally,” were words of guidance from Mark Whitener, General Electric Co., in talking about designing a compliance program for antitrust enforcement regimes. Generally, companies should have a competition law compliance policy that is global in nature. That policy can take a consistent approach to many key issues.
Includes guidance on Russia, China and India

SEC recognizes importance of attorney-client privilege in final whistleblower rules following ABA action
The Securities and Exchange Commission—in response to concerns raised by the ABA, U.S. Chamber of Commerce and numerous other legal and business organizations—recognized the importance of protecting the attorney-client privilege and the confidential lawyer-client relationship in its final whistleblower rules issued May 25.
President Zack praises commission for action


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Eye on Ethics

Negotiating for employment with the other side

You are an associate in a small firm that has a concentration in family law.  You are considering a lateral move to a different family law firm that is currently representing the husband in a divorce matter in which your current firm represents the wife.  While you are not lead counsel in the matter, you have been asked to research certain issues as they relate to the case.

Can you negotiate for employment with the firm?

If so, are you obligated to disclose to either the firm or to the firm’s client that you are engaged in negotiations?

Read more ...

Technology Translators

Task management tools: In the office and on the go

Staying organized can be a challenge. Between communications from phone, fax, email, text, social media and the web, lawyers are constantly inundated with information.  It's all too easy to become overwhelmed.

Task management software offers lawyers a simple way to get organized.

Find list of recommended apps


Time to renew dues, new billing option available

The 2011-2012 membership year is quickly approaching.  Paying your dues today ensures your continued access to the benefits and resources available exclusively to ABA members.

Learn about our new automatic annual billing program

Member Advantage

The cost of international travel just dropped

Foreign transaction fees are now just 1 percent† (versus 3 percent for many other cards) when you use your ABA Visa Signature® credit card with WorldPoints® rewards from Bank of America outside the United States. ‡

Find out how to apply

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