Daily Dispatch

On Balance

When the Privilege Waiver Is Unclear

By | Jun.11.15 | 1 Comment

On Balance

In the attorney discipline business, privilege waiver is a central issue. When a client files a state bar complaint against his attorney, privilege is waived, subject to nuances. (Of course, isn’t everything in law subject to nuances?) What this amounts to is that you have a right to defend yourself from allegations by a former client.

A Brief Statement of Nuances. Waiver is not necessarily wholesale. If a client has made an issue to the third-party regulator of an attorney’s conduct in his representation of the client, then the client has impliedly waived privilege as to issues related to the conduct he has called into question. That does not mean the client has waived privilege as to every communication he’s ever had with his lawyer. … READ THE REST

Ask the Experts

Three Questions for the Legal Marketing Experts

By | Jun.10.15 | 0 Comments

Top Three

Once a month the Legal Marketing Association drops by to apply the wizardry of their more experienced members to your questions. Today Tina Emerson and Nathalie Daum take on three questions: Should I advertise? Why CRM software? What about brand names for law firms? … READ THE REST

Curmudgeon's Perspective

A Matter of Trust: Can They Work as a Team?

By | Jun.09.15 | 0 Comments

Otto Sorts

“I don’t think this is going to work.” Judith slouched in the chair opposite my desk. “I mean, I don’t know if I can trust her.”

I understood. One of our firm’s high-powered litigators, Judith was aggressive, tough on opponents, tough on her own people, and not particularly empathetic. Sally, on the other hand, was relatively new to the firm, and one of those quiet, effective sorts who tend to accommodate those more senior, rather than push back. How could they work as a team? READ THE REST

Social Media Marketing

Use Storytelling to Bring Your Message Alive

By | Jun.08.15 | 0 Comments

Social Media Marketing

The failure of most social marketing stems from categorizing the platforms as distribution channels — or in the same light as television, radio and newspapers. They are not. These are conversation channels. A place for the transmission of experiences, feelings, values, dreams, failures, successes and opinions.

To harness the power of social networks, and I don’t mean just hitting the “share” button on Facebook, you need to narrate the story of your practice. To succeed, you need to tell stories about people, not concepts or things. Stories that reflect the human experience. … READ THE REST

The Friday Five

Sneak Preview: Denney’s What’s Hot and What’s Not

By | Jun.05.15 | 0 Comments


Bob Denney’s big fourth-quarter report on What’s Hot and What’s Not in the Legal Profession always keeps us on top of the most important business trends. But no need to wait for year’s end to feel a little smarter about the legal landscape. Around this point in the calendar, Bob issues a midyear update reporting on fluxes in the marketplace. So, what’s bubbling up at 2015′s halfway point? Here’s your insider sneak peek, before the full update is released next week. … READ THE REST

Practice Management

Sharing Bad News with the Office

By | Jun.04.15 | 1 Comment


No one likes to deliver bad news. But things happen, and when they do it’s important to let those around you know. In your law office, failing to share bad news at the appropriate time can lead to rumor and innuendo, as well as loss of morale and productivity in the practice. Here’s some guidance to help, if you find yourself in the position of sharing something that may feel like a loss. … READ THE REST