Category: Wisdom

Asking Better Questions: Interviewing the Interviewer

By Paula Gluzman

In today’s legal market, most entry-level lawyers switch employers within their first three years of practice, and most will likely change jobs several times during their career. As a result, new professionals will experience more job interviews in their careers, and thus will be provided with more opportunities to master the anticipated end-of-interview question: “Do you have any questions for me?” Read More

Three Ways To Improve Your ​Speaking

How to improve your speaking in and out of the courtroom from a lawyer comedian

By Ken Turek

Americans are more afraid of public speaking than death. To Jerry Seinfeld that means if we go to a funeral we’d rather be in the casket than giving the eulogy. I have walked off stage to a thundering ovation and have been booed off by a swearing mob. Using the same material! I’ve also had jurors tearfully cheer me after a verdict and had other times I’ve heard crickets. How can we do our best? Or at least improve our chances the boos will be polite? Here are three items to consider. Read More

What Are your “Bio” Metrics? Keys to Writing an Effective Attorney Bio

By Ernest Kuo

We’ve all heard it: Websites need to be ever more responsive in order to meet the shift in users doing their research on mobile devices. But there’s more to creating a responsive website than ensuring that content is structured for easy mobile access. In particular, is the content on your website that users are coming to most frequently as strong as it should be? Read More

Top Five Tricks for Rehabilitating Old Transactional Agreements

By Lauren Doucette

For many transactional attorneys, reusing an old operating agreement template or a buy-sell agreement from a prior deal years back is more appealing than starting from scratch.  But after hours of working in Microsoft Word to remove formatting flaws or wrestle with making similar sections uniform through styles, starting from scratch sometimes seems like a better solution.  Here are the top five tricks when trying to rehabilitate templates with unwanted formatting issues: Read More

Is It Time to Change Practice Areas?

By Farah Hansen

You’ve been practicing law for five years. You’re sitting at your desk, working on a motion when you look out the window and think to yourself, “I’ve spent five years investing in this specific field of law, and I’m not really sure this is the type of law I should be practicing.” You briefly daydream about doing that nonprofit work you initially went to law school for. However, the idea of starting at the bottom or looking for another job sounds too daunting. So you push the thought to the back of your mind and get back to your motion. Read More

Dispute Resolution Techniques in LLCs

By Bob Copeland 

RULLCA and the Delaware Limited Liability Company Act and case law make it clear that LLCs are contractual relationships and the LLC acts provide great flexibility for parties in tailoring their relationship. Drafters of LLC operating agreements should certainly discuss the need for and possible terms of a mechanism for resolving disputes among the members with clients and the possible consequences if disagreement over continuing the business of an LLC arises and the parties are deadlocked and are left to the default provisions of the applicable LLC Act, including a possible involuntary dissolution proceeding overseen by a court. (And the courts, when asked to intervene, do so enthusiastically.) Read More

Arbitration and Dysfunctional Drafting

By Carl Ingwalson Jr.

“A cautionary note – we spend too much time trying to make sense out of arbitration agreements precisely because litigants spend too little time drafting them. Increasingly, we have been presented with incoherent hybrids and bizarre mutations of supposed agreements for judicial or contractual arbitration.” National Union Fire Ins. Co. v. Nationwide Ins. Co. (1999), 69 Cal. App 4th 709, 717. Read More