December 29, 2016 | The Legal Intelligencer
Old Problems in New Clothing—Rules for Dealing With Social MediaLet's take a step back and consider the practice of law 30 years ago. Clients were just starting to use those new-fangled things called computers. They were doing things like creating and editing documents using something called WordPerfect, and they were storing the information on hard square things called floppy disks. But the disks were easy to break and easy to steal. In addition, lawyers leaving law firms could save their key documents on these types of materials and walk out the door. Still, law firms persevered and began using computers.
By Daniel J. Siegel
12 minute read
November 04, 2016 | The Legal Intelligencer
New Rule Eliminates Inequities Relating to the Sale of Law PracticesConsider two lawyers. The first is Jane, who has operated a solo law firm for the past 20 years. Jane limits her practice to bankruptcy and family law matters. In order to take more time off and travel with her husband, Jane wants to limit her practice to bankruptcy and sell her family law practice. The second is Jane's husband and law school classmate John, a partner in a midsized firm for the past 20 years. John also handles bankruptcy and family law matters. In order to spend more time with Jane, John will also limit his practice to bankruptcy matters and allow the other attorneys in his firm to handle the family law cases.
By Daniel J. Siegel
10 minute read
September 01, 2016 | The Legal Intelligencer
Threatening Criminal Charges to Gain Advantage Comes With LimitationsCharles Dickens wrote that "if there were no bad people, there would be no good lawyers." This quote is particularly apt when a lawyer is confronted with the possibility that an opposing party has committed a criminal or fraudulent act, and is confronted with the question of whether the lawyer may use the threat of criminal prosecution to gain an advantage for a client in a civil matter.
By Daniel J. Siegel
12 minute read
July 08, 2016 | The Legal Intelligencer
Ex Parte Communications and Email: Ask PermissionConsider the following scenario. Opposing counsel and you are having a candid email discussion about the strengths and weaknesses of your respective positions in an effort to narrow the issues that the judge in your case will need to decide. A day or two after the exchange, you receive a copy of an email from opposing counsel to the judge in which he writes: "Attached for your reading is an email string between me and adverse counsel which frames the discovery dispute and positions of each party. I'm supplying it now for your pre-hearing review, if you're able, because I plan to raise the dispute at the proceeding for your ruling then or later."
By Daniel J. Siegel
10 minute read
May 06, 2016 | The Legal Intelligencer
Workers' Compensation Fraud Not Limited to EmployeesThe "F" word. To many, it means a certain four-letter word that is not spoken in sophisticated company. To workers' compensation attorneys, and others involved in the workers' compensation system, it means a certain five-letter word that is often bandied about almost indiscriminately. To these people, the "F" word is "fraud." In a recent column, two workers' compensation attorneys began by discussing fraud generally, but never tied it to workers' compensation. For good reason.
By Daniel J. Siegel
6 minute read
February 26, 2016 | The Legal Intelligencer
In the Practice of Law, Technology Can Be Put to Good UseWhen it comes to the intersection of technology with the practice of law, I think of the classic book, "Men are from Mars, Women are from Venus," which seeks to improve the way men and women communicate. In the book, author John Gray suggests that couples must acknowledge and accept the differences between them before they can develop happier relationships. Similarly, lawyers must recognize and understand that technology, like communication, is not a barrier to being productive, but the highway to doing so.
By Daniel J. Siegel
8 minute read
January 05, 2016 | The Legal Intelligencer
Inactive? Retired? There Are Differences You Must ConsiderFor most lawyers, there comes a time when they decide to take it easy, or easier.
By Daniel J. Siegel
8 minute read
January 04, 2016 | The Legal Intelligencer
Inactive? Retired? There Are Differences You Must ConsiderFor most lawyers, there comes a time when they decide to take it easy, or easier.
By Daniel J. Siegel
8 minute read
November 03, 2015 | The Legal Intelligencer
Save Your Email or Risk the ConsequencesWhen Bernie Sanders told Hillary Clinton that "the American people are sick and tired of hearing about your damn emails," he echoed a sentiment that also resonates in law firms everywhere. Just mention email to lawyers and you will hear a variety of complaints. They complain that they receive too many emails and the volume overwhelms them. They complain that clients expect immediate answers to every email. And they complain that saving email is difficult.
By Daniel J. Siegel
7 minute read
November 02, 2015 | The Legal Intelligencer
Save Your Email or Risk the ConsequencesWhen Bernie Sanders told Hillary Clinton that "the American people are sick and tired of hearing about your damn emails," he echoed a sentiment that also resonates in law firms everywhere. Just mention email to lawyers and you will hear a variety of complaints. They complain that they receive too many emails and the volume overwhelms them. They complain that clients expect immediate answers to every email. And they complain that saving email is difficult.
By Daniel J. Siegel
7 minute read
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