Comments on: Challenge the Bar

By: Ben Glass

Ben Glass — Sat, 22 Nov 2008 08:35:43 +0000

Carolyn: the list of ways attorneys should be taking on the bar is endless. Perhaps “current economic times” will cause lawyers to have the guts to take them on. The BNI issue is so silly as to be laughable (how can the bar prohibit you from joining a group? What if a lawyer who, like you are me, may be engaged in multiple businesses joins? I attended a BNI meeting recently and though their focus was rather narrow but whatever, I may join just to challenge what I hear is an upcoming Virginia ethics opinion mimicking Maryland’s view.
Lawyers: recognize that the practice of law is a business. You can’t do “well” for others unless you have a profitable, ongoing business. Learn from outside the lawyer industry how to run a business!
Finally, I can report that the vast majority of the lawyers in my mastermind and coaching groups are flourishing. The “bad economy” does not send them into the dumps because, before stuff hit the fan, they learned how to market, manage and run a business.

By: Carolyn Elefant

Carolyn Elefant — Thu, 20 Nov 2008 13:29:30 +0000

Thanks for your comment, Susan. I think the problem with the NY lawyer practicing in Florida is that he wanted to have a physical office limited to practicing NY law – so as your example suggests, in the NY lawyer’s case, he would have been OK w/a virtual office.
However, I do know that MD has very strict rules about being admitted to the MD bar if you have an office – even a HO in MD. In fact, that is one reason why I took the Maryland’s practitioner’s exam when I began working from home more frequently – I was only licensed in DC and had UPL concerns. This is troubling, because what if an MD lawyer wants to work from home and handle Arkansas or even VA or DC cases virtually? It’s a significant issue in this area given that there are so many people who relocate due to a spouse’s political career. So long as your website and bus card make clear where you are licensed, the physical location of your office should not matter.
I guess my main point is that I don’t think change will come easily to the law; the profession will eventually be dragged along kicking and screaming. As long as those leading the charge realize that and are prepared to fight, or as Ed suggests, prepared to lay the foundations through bar work, they will succeed. I just don’t think adaptation will come as easily or seamlessly as many of us would like.

By: Susan Cartier Liebel

Susan Cartier Liebel — Thu, 20 Nov 2008 13:08:32 +0000

Carolyn,
You’ve written an important piece. However, I actually know an MD licensed lawyer who lives in Florida and practices law in MD through virtual applications for the past two years. I also know he is doing this legitimately without any threat to his license.
Is is possible through elawyering things ARE changing?
(I know this wasn’t the full thrust of this post but that particular statement caught my eye.)

By: Edward Wiest

Edward Wiest — Thu, 20 Nov 2008 11:23:22 +0000

One alternative: Bore from within.
Most (if not all) of the state and urban (e.g., Boston and New York) bar associations which issue semi-official ethical pronouncements have some form of Solo and Small Firm section/committee. The Boston Bar Association (and I presume many others) provides for the small firm section to place members or liaisons on the steering committees of other sections–including ethics and law practice management. This presents an opportunity solos should take advantage of.
Whatever else you may believe about the benefits or burdens of “active” bar association membership, SSF section work provides a means for solos to influence the process before counterproductive ethics opinions or professional responsibility rules go public. It seems to me that whenever we have an opportunity to grab a voice at the table on issues like these, we must do so. It may be true that decisions at the local bar level are built on consensus. If the small firm lawyers who make up most of the profession make no effort to be heard, there is little chance the work product of the “organized” bar will reflect our needs and insights.

By: Joshua A. Andrews

Joshua A. Andrews — Thu, 20 Nov 2008 10:15:31 +0000

The practice of law will change. I, for one, am ready for the fight. As more and more of my generation begin to realize they have more control over their career, it will change. As lawyers take control over their career, the fight will become relevant to them. With more lawyer’s fighting, change will come more quickly.
BigLaw’s reaction to the economy, and its effect on young lawyers, will lead many to forge a new way. That new way is sure to include the technology that bar associations and BigLaw are fighting against.