Daily Litigation

Expert Analysis

• What Web3 Means For Lawyers' Ethical Duties

  As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.

• NY's Cybersecurity CLE Rule Is A Sign Of Changing Times

  New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.

• Opinion

  Law Firms Stressing Work-Life Balance Are Missing The Mark

  Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.

• A Law Student's Guide To Thriving As A Summer Associate

  Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.

• Burnout Prevention Requires Effort From Attys And Firms

  To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.

• How I Owned My Power As An Asian American Woman In Law

  Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.

• Successful In-House Alt Legal Services Start With 4 Questions

  Law firms that are considering creating an in-house alternative legal service provider should focus not on recapturing revenue otherwise lost to outside vendors, but instead consider how a captive ALSP will better fulfill the needs of their clients and partners, say Beatrice Seravello and Brad Blickstein at Baretz & Brunelle.

• 3 Reasons To Embrace Jargon In Legal Marketing Content

  Ignore what you've been told about jargon — adding insider industry terms to your firm's marketing and business development content can persuade potential clients that you have the specialized knowledge they can trust, says Wayne Pollock at Law Firm Editorial Service.

• Future Lawyers Expect DEI Commitments Beyond Recruiting

  To attract future lawyers from diverse backgrounds, firms must think beyond recruiting efforts, because law students are looking for diversity, equity and inclusion initiatives that invest in employee professional development and engage with students year-round, says Lauren Jackson at Howard University School of Law.

• Series

  Ask A Mentor: How Can Law Students Build Real-World Skills?

  Allison Coffin at Akin Gump discusses how summer associates going back to school can continue to develop real-world lawyering skills by leveraging the numerous law school resources that support professional development both inside and outside the classroom.

• How Firm Leaders Can Build And Sustain Culture

  In uncertain and challenging times, law firm leaders can build and sustain culture by focusing attention on mission, values and leadership development, and applying a growth mindset across their firms, says Scott Westfahl at Harvard Law.

• The Case That Showed Me The Value Of E-Discovery Plans

  Robert Keeling at Sidley reflects on leading discovery in the litigation that followed the historic $85 billion AT&T-Time Warner merger and how the case highlighted the importance of having a strategic e-discovery plan in place.

• What Litigators Can Expect From The Metaverse

  As virtual reality continues to develop, litigators should consider how it will affect various aspects of law practice — from marketing and training to the courtroom itself — as well as the potential need for legal reforms to ensure metaverse-generated data is preserved and available for discovery, says Ron Carey at Esquire Deposition Solutions.

• Opinion

  CLE Accreditation Should Be Tied To Learning Outcomes

  Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.

• Persuading The Court With Visual Aids In Written Argument

  Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.