Business of Law

Expert Analysis

• Oral Advocacy And 'Vocal Fry'

  

  In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

• Talking 'Bull': Episode 2, The Woman In 8D

  

  In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...

• The Courtroom Where It Happened: Hamilton As A Lawyer

  

  Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

• Why Have Lawyers Forgotten About The Middle Class?

  

  Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

• Overhauling Law Firm Records Departments For A New Reality

  

  As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

• Guarding Against Privilege Waiver In Federal Investigations

  

  It's been well over a year since Judge Andrew Peck gently excoriated the legal community for underusing the not-so-new privilege waiver protections of Rule 502(d). While his remarks may have raised awareness, Rule 502 as a whole, together with any potential federal agency regulations concerning privilege waiver, offers little peace of mind to parties subject to government investigations, say attorneys with BuckleySandler LLP.

• 3 Steps To Successful Judgment Enforcement

  

  Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

• 3 Reflections From Summer Associates

  

  Three summer associates of Carroll McNulty & Kull LLC share takeaways and advice from their summer 2016 experiences.

• Should Your Law Firm Move To The Cloud?

  

  Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.

• From The Partner’s Desk: Paving Your Path To Partnership

  

  One of the most oft-cited complaints from associates is the lack of clarity around what it takes to make partner. While this can certainly be laid at the feet of law firms large and small alike, an ever-changing business environment is at least partly to blame. Today, law firms are not making partnership decisions based on the same criteria they used 20, 15 or even 10 years ago, says Gary Gansle of Squire Patton Boggs LLP.