Strategist - The FindLaw Law Firm Business Blog


Is It Bad to Lose Your True Solo Status?

True solo practitioners work entirely alone -- no lawyers, no staff, no kidding.

The true solo is a one-person operation. It requires at a minimum: a lawyer, a laptop, a smartphone, and usually a car and court clothes.

Solos can have an office and all the accoutrements, too, but they stop being true solos when they take on others. Is that a bad thing?

So You CAN Follow Opposing Counsel by Drone

Drone law has the potential to be a real thing, but it wasn't supposed to happen like this.

According to reports, one attorney said an opposing counsel said he was following her by remote drones. Triple hearsay, we know.

In the court of public opinion that might fly. But, when she sued him for stalking in a court of law, her case didn't really get off the ground.

When the York County Grand Jury returned over 900 indictments in a single day in June, more than one local defense attorney noticed. After all, that number is two to three times the number that is usually returned in a month, let alone a day. As reported, the math works out to 39 seconds per indictment.

The motion to quash, which 27 different defense counsel signed onto, alleges that there is no way the grand jury could have adequately done its job in that short a time. The motion basically asserts that the grand jury just rubber stamped every single indictment, and given the 39 second time frame, shuffling some papers, inking a stamp, and thrusting it down on paper likely accounted for all of it. The motion also demands that the entire grand jury be discharged, and for a new one to empaneled.

Spouse Cheated? There's an $8.8M Cause of Action for That

Alienation of affection is a holdover from another era, before chivalry and duels died.

How old is it? Like Alexander Hamilton v. Aaron Burr old, but that was "an affair of honor."

Alienation of affection is the other kind of affair. Like when you want to shoot somebody in the groin, but instead you get to sue their pants off.

Don't Let Them See You Cry in Court

During emotional testimony, witnesses sometimes cry in court. It's part of the courtroom drama.

But it's unusual to see a lawyer cry -- at all, much less in a public forum. It could also be really upsetting for the client, who might be the next one to cry.

So if you are an attorney, don't let them see you cry in court. Just consider a prosecutor's experience in the Paul Manafort trial ...

Why Sometimes Lawyers Should Work Alone

It wasn't necessarily a compliment if somebody once said: "You should become a lawyer."

That's because being good at argumentation is not the same as being argumentative. It's the difference between being a good talker and being an annoying chatterbox.

It's also a reason why sometimes lawyers should work alone. It's hard to get into an argument when nobody is talking to you.

If you haven't already, you will eventually have to interact with a client who doesn't share your values, or one that might even want to do something that runs contrary to your personal beliefs. And while you're not supposed to be a judge of morals, looking out for the best interests of an individual client can often involve more than just advising about the legal consequences of an action.

But what do you do when a potential client comes in with a winner of a case that runs contrary to your personal beliefs? (Like this one being championed by the ACLU on behalf of a high-schooler who is a pro-gun advocate mistreated during a school-sanctioned walk-out/anti-gun rally, after the Parkland school-shooting.)

Is It Time to Open a Pot Practice in the Big Apple?

A pot practice used to be for small firms and solo practitioners, not big city lawyers.

But that is changing as legalized marijuana use continues to take over the country. Most states have approved it for medicinal purposes and nearly a dozen for recreational use.

Now New York is ramping up to legalize weed. Is it time Wall Street lawyers got some of that?

What to Do When the Judge Says 'You Can't Do That!'

Some lawyers just don't get it. When a judge says "no," it's not an invitation to argue.

It's more like an invitation to sit down and shut up. What part of "no," do they not understand?

A good advocate knows this: When a judge says, "you can't do that," you have to find another way to do it. That's what's happening in special prosecutor Robert Mueller's case against attorney Paul Manafort.

For many lawyers across the country, there are two significant lulls throughout the year: the holiday lull from Thanksgiving to New Years, and the Summer lull.

During the holiday lull, most lawyers know what to do: prepare for the end of the year, consult your accountant for end of year deductions you should be spending toward, backing up your systems, updating your form library, and other digital housekeeping. However, during the Summer lull, there are some things you can do to keep your workload interesting, while also helping to generate downstream revenue to recover from the slow-down.