Daily Litigation

Expert Analysis

• Why Writing CLE Should Be Mandatory For Lawyers

  Though effective writing is foundational to law, no state requires attorneys to take continuing legal education in this skill — something that must change if today's attorneys are to have the communication abilities they need to fulfill their professional and ethical duties to their clients, colleagues and courts, says Diana Simon at the University of Arizona.

• How To Find Your Inner Calm When Client Obligations Pile Up

  In the most stressful times for attorneys, when several transactions for different partners and clients peak at the same time and the phone won’t stop buzzing, incremental lifestyle changes can truly make a difference, says Lindsey Hughes at Haynes Boone.

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  Ask A Mentor: How Can I Support Gen Z Attorneys?

  Meredith Beuchaw at Lowenstein Sandler discusses how senior attorneys can assist the newest generation of attorneys by championing their pursuit of a healthy work-life balance and providing the hands-on mentorship opportunities they missed out on during the pandemic.

• Advice For Summer Associates Uneasy About Offer Prospects

  There are a few communication tips that law students in summer associate programs should consider to put themselves in the best possible position to receive an offer, and firms can also take steps to support those to whom they are unable to make an offer, says Amy Mattock at Georgetown University Law Center.

• How Law Firms Can Cautiously Wield AI To Streamline Tasks

  Many attorneys are going to use artificial intelligence tools whether law firms like it or not, so firms should educate them on AI's benefits, limits and practical uses, such as drafting legal documents, to remain competitive in a rapidly evolving legal market, say Thomas Schultz and Eden Bernstein at Kellogg Hansen.

• Keys To Managing The Stresses Of Law School

  Dealing with the pressures associated with law school can prove difficult for many future lawyers, but there are steps students can take to manage stress — and schools can help too, say Ryan Zajic and Dr. Janani Krishnaswami at UWorld.

• Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?

  Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.

• Ditch The Frills And Start Writing Legal Letters In Plain English

  To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.

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  Ask A Mentor: How Can I Negotiate My Separation Agreement?

  Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.

• DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help

  Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.

• For The Future Of Legal Practice, Let's Learn From The Past

  At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.

• 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.