Business of Law

Expert Analysis

• Opinion

  We Need Reliable Data On Patent Agent, Atty Gender Diversity

  

  New U.S. Patent and Trademark Office data showing that four times as many women become patent agents compared to patent attorneys is likely not accurate, and a better measure involves investigating registered attorneys' and agents' statuses over time, says Christopher Turoski at the University of Minnesota Law School.

• Navigating Inadvertent Attorney-Client Privilege Waivers

  

  Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

• Attorneys Beware: Zoom Depositions Are Likely Inadmissible

  

  As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

• How Attorneys Can Reach Claimants In Today's Comms Era

  

  Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

• Opinion

  NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

  

  The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

• Law Firm Talent Must Reflect Shifting US Demographics

  

  Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

• Opinion

  Judges Should Foster Diversity In MDL Leader Appointments

  

  Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• How Legal Profession Can Help LGBTQ Patent Attys Thrive

  

  Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

• Predictions On Pandemic's Lasting Impact On Legal Education

  

  The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

• Lawyer Perfectionism Is A Disease We Can Control

  

  The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

• 5 Tips To Help Your 2021 Summer Associates Succeed

  

  Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.