Daily Litigation

Expert Analysis

• Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?

  Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.

• Ditch The Frills And Start Writing Legal Letters In Plain English

  To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.

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  Ask A Mentor: How Can I Negotiate My Separation Agreement?

  Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.

• DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help

  Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.

• For The Future Of Legal Practice, Let's Learn From The Past

  At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.

• Why All Law Firms Should Foster Psychological Capital

  Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.

• A GC's Guide To Litigation, Inspired By Sun Tzu's 'Art Of War'

  With caseloads and spending increasing, in-house counsel might find themselves called to opine on the risks and benefits of litigation more often, and they should look at five Sun Tzu maxims from the ancient Chinese classic "The Art of War" to inform their approach to any suit, says Jeff Golimowski at Womble Bond.

• ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers

  Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.

• Pro Bono Work Is Valuable In IP And Continued Learning

  The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.

• Increasing Public Access To Legal Services: A Practical Plan

  Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.

• Priorities For Improving The Legal Industry In Texas

  To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.

• Leading Your Law Firm's Creation Of A New Practice Group

  Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.

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  Ask A Mentor: How Do I Relay Shortcomings To Associates?

  Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.

• 10 Principles For Effective Partner Reward Systems

  Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.

• Why Interdisciplinarity Is Key To Designing The Future Of Law

  The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.