Posts

Take a Deep Breath: Five Tips For Dealing With Highly Emotional Clients

By Kelly E. Thompson

Effectively dealing with highly emotional clients can be one of the most difficult aspects of practicing family law. Emotional clients may find it difficult to make rational decisions about their case, causing them to become entrenched in untenable positions. Emotional clients may also be challenging to communicate with effectively, sometimes hearing what they want to hear as opposed to what you are truly saying. Even worse, highly emotional clients may lash out against us or our staff when their anger actually comes from the circumstances they find themselves in, not our representation of them in those circumstances. Because representing highly emotional clients is a nearly unavoidable hazard in our profession, we must all find a way to reach past those emotions to help our clients make sound decisions about their case and future. When dealing with highly emotional clients, keep the following in mind:

Read more

Five Things I Wish I’d Learned In Law School

Omer,DavidThis post originally appeared on the Law Student Division page, where you can find it and more advice for newly minted lawyers.

By David G. Omer

Law school is a strange creature.  You spend three long years sacrificing your sleep, your credit rating, your relationships, and your sanity.  In return, you get the opportunity to take the bar exam and start a career where you get to challenge yourself every day, help countless people, and maybe even make a little money along the way.  As you’ve (hopefully) learned, law school is all about filling your brain with points of law and forcing you to think your way around the gray areas.  For all the substantive information you pick up during your time as a law student, however, there are some important things that get left along the wayside.  As a recently licensed lawyer in North Carolina, I appreciate the opportunity to fill you in on a few things I didn’t learn until I made it out into the “real world.”

Read more

‘Making A Murderer’ Defense Attorneys Hope To Spark Change

Having binge-watched Making a Murderer during January’s epic snow, my law-partner husband and I attended the DPAC presentation: “Dean Strang and Jerry Buting: A Conversation on Justice.” Dean is a UVA Law graduate, as is my husband. Jerry is a UNC Law graduate, as am I. My husband taught Jerry contracts and UCC.  On that cold January day, we felt an affinity for both. When the NCBA arranged a member event outing including a pre-presentation meeting with Dean and Jerry, pictured above, we said “Count us in!”

As the world now knows, Dean and Jerry defended Steven Avery against murder charges in the tragic death of Teresa Halbach in Manitowoc County, Wis.  The Netflix documentary about the case is an internet sensation.  The public conversation about the separate convictions of Steven Avery and his nephew Brendan Dassey includes the topics of wrongful conviction, police misconduct and prosecutorial misconduct.  The documentary generated so much interest that a petition to pardon Steven Avery addressed to President Barack Obama (who has no authority in this state case) garnered more than half a million signatures.

During our private meeting with Dean and Jerry and the public presentation, lots of questions were asked about the case. One of interest to me was how two defense attorneys ended up in a documentary filmed during a murder trial. The answer: Laura Ricciardi and Moira Demos began their work with the Avery family before either Dean or Jerry were engaged as counsel.  The film crew was a reality when their representation began.  They did not choose it. They had trepidation about it.  Both now believe that it has cast light where light must be cast.

Read more

Extra Credit: Five Things I Wish I’d Learned In Law School

By David G. Omer

Law school is a strange creature.  You spend three long years sacrificing your sleep, your credit rating, your relationships, and your sanity.  In return, you get the opportunity to take the bar exam and start a career where you get to challenge yourself every day, help countless people, and maybe even make a little money along the way.  As you’ve (hopefully) learned, law school is all about filling your brain with points of law and forcing you to think your way around the gray areas.  For all the substantive information you pick up during your time as a law student, however, there are some important things that get left along the wayside.  As a recently licensed lawyer in North Carolina, I appreciate the opportunity to fill you in on a few things I didn’t learn until I made it out into the “real world.”

Read more

Single Platform Seeks Smart Lawyer: The Case for the iPhone-Only Law Office, Part 1

When was the last time you checked your phone? Was it in the last hour? The last 15 minutes? The last 5? Are you reading this article on your phone right now? Chances are, if you’re a Boomer or a Millennial, you check your phone more than 20 times a day (even during meal times). In fact, according to a report based on a recent Nielsen Poll, the worst offenders aren’t teenagers, they’re people aged 25-54.

Now, I’m not here to cast aspersions, or to chastise you in front of your peers. Just the opposite, in fact. I know that none of us are likely to untether from the grid. We use our phones to respond to clients, take notes at depositions, videochat with remote business associates. We have good reasons to be on our phones, and we’re not going to stop using them. So we must create business practices that adhere to the current reality. And for this reality, I postulate that we create iPhone Only law offices. Why?

  1. Lawyers use mobile devices, and ignoring the implications of working on a smartphone is irresponsible.
  2. Using a single platform is better for almost any business, including law firms.
  3. Security, Security and … Security.

Read more

Here’s What Should Be Keeping You Up At Night

Here’s an actual email1 I received from a consulting client at the Center for Practice Management.

Dear Erik,

I think it is time for me to ramp up my firm’s online marketing efforts, but nothing I’ve done so far seems to work. It’s almost frustrating enough to make me miss the Yellow Pages.

Sincerely,

Sleepless in Search Engine Land2

And my reply3.

Dear Sleepless,

I’m sorry to hear about your frustration with online marketing. The place I would start with this is thinking about what keeps your clients up at night. To get your gears turning, here’s a list of things that keeps me up at night:

Read more