I just finished putting together my materials for the MSBA Annual Meeting. I will be speaking Thursday morning during the conference about how lawyers can use social media effectively and without getting themselves into trouble. My presentation will be part of a broader session that will also include technology tips and online resource pointers. It will be in the morning, but yes, I have been promised that there will be coffee. (Pastries too, I hear.)

My presentation will focus on how social media can be used effectively by lawyers. From blogging to LinkedIn to Facebook and Twitter, social media can help you find new audiences for your work and can put you in control of your professional reputation. There are a few lawyers who have perfected the art of using these social media platforms for professional purposes.  Check out the Connecticut Employment Law Blog, the Ohio Employer’s Law Blog, and The Employer Handbook.

My materials include, among other things, a list of tips on how lawyers can use social media effectively. I think one of the most important is, “don’t be afraid to show your personality.” Tastefully and professionally, of course, and in moderation.

We spend so many of our waking hours thinking about work and do so much of our communication and networking electronically that it is far too easy for us, the online generation of lawyers, to lose who we are as individuals. We may not think about it, but in divorcing our personal lives from our professional lives so completely, we are losing the things that set us apart and that can help us naturally identify with colleagues, potential clients and referral sources.

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On any given day, I may be in court. After enough trips, the process has become somewhat routine. I make sure that I am prepared, I arrive before the scheduled time (which allows me to talk with opposing counsel or go over any last-minute details that may have come up with my client), I wait to be called by the court and then we are off to the races.

I am also fortunate because the clients that I usually represent (businesses and their owners with any disputes that arise throughout the life of their companies) usually have some familiarity with the legal process. Essentially, for the most part, they already understand the legal process or understand the process after a brief explanation.

Unfortunately, for others, the legal system is a foreign concept shaped by two- or three-minutes clips from the daily news and hour-long legal dramas (a la “The Firm,” “Law & Order,” “Boston Legal,” “Ally McBeal” and “L.A. Law,” to name a few). These misconceptions of the practice of law (which make for good television) run contrary to the work performed everyday by each member of the legal system, including judges, lawyers and courthouse staff.

During my clerkship in Baltimore City Circuit Court, I was interviewing with the  state’s attorney’s office, public defender’s office and a private, civil defense law firm. During my interview with the PD’s office, I was asked, “Will you have any problems with representing a client who allegedly committed one or more terrible crimes?”

After a short pause, my response, which I still believe to this day, was: “All attorneys have a commitment to zealously representing their clients. In addition to representing your client, an attorney is a member of the judicial system.  Public defenders protect individuals and their rights. They protect against self-incrimination and unlawful searches.  On the flip side, state’s attorneys protect the rights of society. They help make sure that there is law and order. Without both, the system does not work and justice fails.”

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I had the pleasure of moderating a Maryland State Bar Association Young Lawyers Section Education Committee panel presentation Thursday night. Our topic: “Navigating Discovery as a Young Lawyer.”

It was a great panel, if I do say so myself. The organizers of the event did a great job of picking panelists —Magistrate Judge Charles Day and attorneys Kathleen Howard Meredith, Michelle Lipkowitz and Lisa Hall Johnson. And we had a great turnout.

The panelists were full of great tips on how to get a case started on the right foot. Some of the ones that I wrote down included:

• Take the time to outline all of the claims and defenses in the case at the beginning of the case, before starting to delve into discovery.
• Again, before starting discovery, take the time to get to know the client, how the client does business, where and how the client generates and stores documents and who the key people are (both in terms of the facts of the case and in terms of the client’s operations and document management systems). Visit your client’s place of business, if possible.
• Bring and use a translator — have someone who speaks the client’s language (or your IT contact’s language) with you at the beginning of the case.
• Get documents organized from the very start. Most panelists recommended keeping documents in both electronic and paper format, Bates labeling meticulously and making sure your electronic copy of documents is OCR’d.

In addition to the sample documents that we passed out, panelists noted some helpful resources:

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When I began preparations to go solo four months ago, the most important thing I did was to create a business plan. I didn’t think I had time to do it— I would have rather continued to prepare my forms, create procedures and protocols, work on the website and try to secure more referral sources.

I do mostly plaintiffs’ personal injury (auto accidents, workers’ compensation and medical malpractice) and I was of course wanting to hit the ground running because of the long lead time for income in those cases. Settlements don’t typically happen for about nine-to-12 months in a routine auto case, and it can take longer if a lawsuit needs to be filed.

Four months out, however, the business plan is something I refer to at least once a week and I’m glad I made it.

My bank required one to accompany my application for a business line of credit. They told me to hire an accountant, an expense that was not in my budget (even before I made a budget), so I did it myself. Creating a business plan took me a full week of work and my line of credit was approved (I haven’t tapped into it yet, and I don’t intend to; it’s a nice safety net). An accountant probably could have made it better, but this is where the law of diminishing returns comes into play.

My business plan followed the pattern of “worst-case scenario.” (Worst case except for abject failure, anyway.) I tried to be conservative with all of my expectations; I deliberately underestimated the number of new cases I expected to receive every month, the amount of time from intake to resolution and the likely fee for each of those cases. I tried to overestimate my expenses. This is the plan I submitted to the bank.

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Roger Fisher and William Ury wrote a book over 30 years ago, “Getting to Yes: Negotiating Agreement Without Giving In“. Some of you may have seen, heard of, or have read the book, as it is used in college and law school classes to teach negotiation tactics and skills.

The book focuses on the method of principled negotiation based on four propositions: 1) separate the people from the problem; 2) focus on interests, not positions; 3) invent options for mutual gain; and 4) insist on using objective criteria.

(Admittedly, I read only a portion of this book for one of my political science classes when I was an undergraduate at the University of Maryland, College Park. The actual book from college is currently sitting on my nightstand waiting to be reread for the very first time.)

For a number of conflicts, dispute resolution such as negotiation should assist in making the best, most cost-effective and reasonable decision. In other situations, the only answer is “no.” For me, these situations do not arise during my course of dealings as an attorney with clients or opposing parties in litigation — they arise when I am dealing with requests from other commitments.

If you are a regular reader of Generation J.D. or a reader of my blog, you may know that I am a major proponent of attorneys becoming involved with the Maryland State Bar Association, their local bar association (Baltimore County for me), and their community. Getting involved is an easy three step process: 1) show up; 2) do good work; and 3) repeat. Before you know it, you will be asked to do more good work. You may move up the chain of command and might chair a committee or become a member of an organization’s board of directors. More doors will open and additional requests on your time will be made. (It almost sounds like “Oh the Places You’ll Go!” by Dr. Seuss). Read the rest of this entry »

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As I read Sarah’s post about time spent outside the office, a flood of different thoughts passed through my mind.

First, I always feel like I have no time for anything. Second, bar associations? I can’t even figure out why I am always going to bed at 1 a.m., when it makes the morning extra-uber miserable. Third, why did I go to law school again?

I keed, I keed. Sort of. The desire to strike an ideal work-life balance has been a struggle for me since day one of my associate’s career. I am not at a crazy and scary BigLaw firm, but my firm does expect its associates to make their goals.

As one of the few associates in one of the smaller branch offices, I know it is easy to feel like you are on a very depressing island, churning away at a thankless career. As I see young attorneys, especially my fellow bloggers who seem to find the time and energy to help the community, participate in bar or professional organizations, be a supportive spouse AND raise kids, I want to hang my head in shame (and I’m neither married nor have kids).

I have been making headway where I can — participating in this blog, getting more involved in a professional organization catering to corporate defense counsel and… oh yeah, the small task of trying to make my associate goals.

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