Daily Litigation

Expert Analysis

• 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.

• Incorporating ADA Guidance Into Lawyer Wellness Movement

  The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.

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  Ask A Mentor: How Can New Partners Generate Business?

  Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.

• 9 Writing Tips From The Justices' Opinions Last Term

  Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.

• 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.