lawyers

Most of us, including busy lawyers, often feel like there are not enough hours in a work day to get all tasks done. To be sure, time management is a difficult task to master by all. When it comes to the legal profession, attorneys and staff alike are juggling multiple critical tasks at one time. As a result, efficiency is essential to not just getting the legal work done, but also keeping clients happy. If you are unable to manage your time, then it is nearly impossible to be efficient. Below are some tried and true time management tips for lawyers that will hopefully help you properly prioritize your to-do list and better manage your day-to-day work.

●Use a Calendar and To-Do List: Managing your time is much easier when you can easily see the tasks you have to perform laid out in front of you. More importantly, it is best to see due dates well ahead of time — something a calendar and to-do list system can provide. Whether you prefer pen-and-paper or a specific app, organizing tasks and deadlines will help you be efficient, timely, and accountable. This can also allow you to schedule personal events as family is also important.

●Set Deadlines: It is no secret that the practice of law is full of externally-imposed deadlines. It is also important, however, to set your internal deadlines for everything that needs to be done, including daily, routine tasks. These internal deadlines should be respected just like court deadlines. Setting time frames to return calls, answer emails, and send out correspondences will help you avoid the temptation to procrastinate.

●Do Not Multitask: While doing many things at once is often second nature for most attorneys, however, studies show performing numerous tasks at once makes you less efficient on each individual task. So, while psychologically you think you are getting more done, you are not.

●Stop Over-Committing and Ask for Help: Most lawyers have trouble saying no to work. Many attorneys feel that they cannot or are not allowed to refuse. When you are handling too many tasks, you cannot perform those tasks well or up to the standards expected by you and your clients. If you are at capacity, turn down additional projects, so you may focus your full effort on your current clients and activities. Alternatively, you can delegate those tasks to others. While you may be able to do it better, that does not mean you can do it all yourself.

The above tips should be able to help attorneys at any stage of their career not only produce better work and have happier clients but experience a healthier work-life balance.

To save yourself time on your domestic and international process service, court reporting, and deposition needs, you can contact us at Ancillary Legal and Elizabeth Gallo Court Reporting.

If you practice in estate planning, you may have a potential client come to you seeking to contest a decedent’s Last Will and Testament. When considering whether to contest such a document on a client’s behalf, you should consider the telltale red flags that are present when a will is likely invalid. Doing so will help you to identify successful legal bases to challenge the disputed will. Below is a non-exhaustive list of the most frequently present issues regarding improperly drafted (or executed) wills.

● Changes near the end of life: When a decedent makes changes to his or her prior estate plans and executes a Last Will and Testament close to their death, a person seeking to challenge the will should consider whether the decedent had enough mental capacity to execute the will and whether they were susceptible to improper influence of others, causing the changes;
● Changes after new Power of Attorney: When someone takes over control of the decedent’s healthcare and finances and shortly thereafter a new will is drafted and signed that includes that person, there is a presumption that the will is invalid;
● Questionable mental capacity: If the Last Will and Testament was executed at a time when the decedent’s mental capacity was questionable due to an intervening event or medical condition, the will may be invalidated due to lack of mental capacity;
● Attorney becomes beneficiary: When the attorney of the decedent becomes a substantial beneficiary of the estate, there is a presumption that as a matter of the new will is invalid and the burden shifts to the proponent of the will to show the will is legal by way of clear and convincing evidence;
● Technical faults: A will can have issues with the way it was drafted, its content, and even how it was executed. This includes failing to meet the required formalities mandated under applicable statutes. Any of these issues can successfully invalidate a will;
● Drastic changes without apparent reason: When there is a significant change in a decedent’s estate plans without any intervening factors that lead to the changes, this can be a sign of undue influence, lack of mental capacity, or some other concerns and the will should be looked at closely.
While the above is not an exhaustive list, they are the most typical situations that are involved when a will is successfully challenged. If you have a potential client that is seeking to contest a Last Will and Testament, look for the above hallmark signs of invalidity in your quest to successfully challenge the document.

A recent American Bar Foundation report based on interviews and focus groups with female lawyers revealed that the most cited reasons for female lawyers leaving law firms was unfair or biased compensation systems. The report was based on 12 focus groups located in six cities as well as 12 individual interviews.

The Issues

According to the study, female lawyers reported that they originated more work than some of their male counterparts and still received lower pay. The study and report was done in collaboration with the American Bar Association’s (ABA) Commission on Women in the Legal Profession as part of the ABA’s initiative on long-term careers for female attorneys.

According to the ABA’s May 3, 2021 press release, among the combination of factors that affected women’s decisions on whether to remain at their law firms, leave the profession, or move to a different legal job after being in the legal profession for more than 15 years was unfair compensation. A large number of the women in the study were their family’s breadwinners with spouses who were either low-paid or unpaid. The women reported that the pay disparities affected their ability to support their families as well as engage in leadership opportunities at their firms.

Multiple female lawyers reported that their firms told them they were making less than their male counterparts because the men had to support a wife and children. Many respondents also noted an inequitable distribution of origination credit for cases.

Should I Stay or Should I Go?

In addition to inequitable compensation, additional factors that influenced the women’s decisions to leave the profession included:

• Poor collegiality due to a bullying atmosphere and a hyper-competitive culture;
• Driven isolation from colleagues due, in part, by ever-increasing demands for billable hours and lack of women in leadership;
• Behavior that was sexist and racist;
• The want for more fulfilling, interesting, or challenging work that would remain with senior partners;
• Being looked over for promotions, particularly to equity partner, especially for women who worked fewer hours; and
• Unpredictable schedules and long hours, making it difficult to manage personal and professional schedules.

There were, however, positive aspects of the profession that respondents identified even if the final decision was to leave the law. This included:

• Intellectual stimulation in the law;
• Relationships with colleagues at the firm;
• The ability to help clients solve legal issues;
• Autonomy in their work;
• The social impact of the work;
• Monetary compensation compared to other professions.

More information on this topic can be found here.

Elizabeth Gallo Court Reporting is proud to be a woman-owned company.

Attorneys are stewards of personal and sensitive information provided to them by clients. Lawyers are also officers of the court and are in roles of public trust. The standards placed on attorneys are high, however, and lawyers must carefully mind ethics obligations to avoid running afoul of the rules. That being said, issues can arise. Below are tips on how to avoid ethical pitfalls and disciplinary action according to the American Bar Association (“ABA”) Journal.

Tips for Lawyers

Most states across the nation require training in ethics as part of lawyers’ continuing legal education requirements. With the economic challenges that have come as a result of the coronavirus pandemic, both recently licensed and experienced attorneys have had to reevaluate how they practice — and, sometimes, even their career paths. Law school training, however, may not have properly prepared attorneys (especially newer ones) on the ethical and business related challenges typically faced in small firm or solo practice. This leaves attorneys at these sized firms — both new and veteran — in a more vulnerable place when it comes to disciplinary complaints.

• Create strong office management processes: Not only will this help make sure you can meet your clients’ needs, but a good system is critical for avoiding disciplinary issues. Basics should include a diary and docketing system to keep track of court filing deadlines, hearings, and statutes of limitations. Tickler systems for file reviews will ensure you do so at regular intervals and prevent things from slipping through the cracks;
• Intake screening is key: Learning when to accept a potential client’s case and when to reject it is important. Discerning when a potential client will be difficult is a critical skill. Know that you do not have to take every potential client’s case but, rather, you can use discretion in client selection. Undertaking matters in diverse areas of law requires you learn those areas, possibly leaving you overwhelmed or unable to develop an expertise;
• Client and third party funds are sacred: Repeat this to yourself on a daily basis. Lawyers have both a fiduciary and ethical duty to maintain, handle, and disburse client funds only for their intended purpose. These practices must be consistent with relevant rules and applicable law — so learn the trust accounting rules in your jurisdiction. Misuse of client’s funds will guarantee disciplinary action;
• Communicate often: Lack of communication is one of the top complaints made against attorneys. When an attorney does not promptly respond to a client’s emails or phone calls, they become frustrated and dissatisfied. Ethical rules require attorneys to keep a client reasonably informed about their matters and promptly comply with reasonable requests;
• Diligently follow-through: When clients’ matters are neglected, disciplinary charges often include lack of communication. If an attorney just stops working on a matter or delays his or her work, this can be a problem. Accepting a legal matter on behalf of a client requires diligent follow-through until the representation has finished.

For more legal practice tips from the ABA, click here.

For more legal tips on our blog, check out How Lawyers can improve their Online Reputation and Creating Opportunities in your Legal Career.