My Shingle

November 2011

MyShingle Comments on Proposed Model Rule 5.3 and Last Chance to File Comments on ABA Commission on Ethics 20/20!

November 30, 2011 by Carolyn Elefant

Below is my final set of comments on the ABA Commission on Ethics 20/20′s proposals.  My comments address the Commission’s proposal to subject lawyers to the same level of supervisory oversight for passive cloud services as for human, non-legal service providers. For reasons discussed in this post, I strongly oppose any additional requirements which pose [...]

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Cold Call Book Launch Cancellation

November 28, 2011 by Carolyn Elefant

Getting the second edition of Solo by Choice and the Companion Guide, which is a separate volume took longer than I anticipated due to the press of my practice. Now too, it seems that a book launch party will meet the same fate as once again, I’ve been forced to postpone the launch. (If you’ve [...]

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FREE Recording – Cold Calls for Lawyers!

November 28, 2011 by Carolyn Elefant

As my regular readers may know, I’m one of the few lawyers who actively recommends cold calling as a tool for finding overflow work and referrals or simply setting up introductory meetings or lunch dates with attorneys and other professionals within the community. I’ve written two pieces about cold calling, Pick Up the Phone and [...]

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Solos Don’t Need A Separate Education

November 21, 2011 by Carolyn Elefant

By now, you’ve probably seen the New York Times article, What They Don’t Teach Law Students: Lawyering which like some digital version of Helen of Troy, launched a thousand (well, maybe several dozen) blogs — though as Scott Greenfield points out here, there’s lots of fire but no heat; for all of the complaints about [...]

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Invest in This…Or That?

November 18, 2011 by Carolyn Elefant

You’ve heard the pitch; we all have. For just $10,000 — less than $1000 per month — you’ll get a specially designed, SEO-optimized, social-media enhanced website — and a couple of pay-per-leads as a bonus. Can’t afford it or don’t want to spend that much? No worries, the salesman assures you – and then, the [...]

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Proposed ABA Ethics 20/20 Rules Will Require Lawyers to Oversee and Monitor the Accuracy of LEXIS, Westlaw and Other Computerized Legal Research Services

November 17, 2011 by Carolyn Elefant

As lawyers, we’re bound to abide by applicable statutes and precedent — yet most lawyers refuse to heed the law of unintended consequences. That’s the error committed by the ABA Commission on Ethics 20/20 with its most recent changes lto ABA Model Rule 5.3, Responsibilities Regarding Non Lawyer Assistance.  In its zeal to frustrate lawyers’ [...]

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Should You Ever Play the Solo Card?

November 16, 2011 by Carolyn Elefant

For solo and small firm lawyers who routinely battle big law, there’s often a temptation to play the solo card. In other words, to seek special dispensation from court rules and practices in light of solos’ more limited time and resources. Some lawyers believe that playing the solo card is justified as a way to [...]

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ISO Questions for Tomorrow’s Webinar “Everything You Wanted to Know About Starting A Solo Practice…”

November 16, 2011 by Carolyn Elefant

Below are some of the questions that I researched for the second edition of Solo by Choice and which I’ll be discussing at tomorrow’s webinar sponsored by Rocket Matter (for details or registration, visit here).  But what I’d really like are questions from you – so please post questions below for me to address at [...]

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Cold Calls, Cold Beers & the Launch of Solo by Choice (2011 -2012)

November 8, 2011 by Carolyn Elefant

(Post updated November 9th, 2011 to reflect date change of event) …And it’s official – the second edition of Solo by Choice (2011-2012 Edition): How to Be the Lawyer You Always Wanted to Be is finally here! The new edition of Solo by Choice contains the same comprehensive advice on going and growing solo as [...]

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Your Realization Rates May Make You Realize That Flat Fees Often Make More “Cents”

November 7, 2011 by Carolyn Elefant

As a solo or small firm lawyer, you’ve probably heard the term “involuntary pro bono.” That’s what happens when you sign up to take a case, collect a retainer, exceed the retainer and the client stops paying the bill on the eve of trial when it’s too late to pull out. Well, turns out that [...]

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