News, views and tips on litigation graphics, trial strategy and the law.

Three Tips for Attorneys to Present Economic Data (and Not Be Boring)

November 28, 2023 by 2 Comments

At a recent seminar I attended, Judge M. Lynn Duryee of the Marin County Superior Court had a great story of an attorney who stood up in opening statement and said, “I’m going to call an economist who will testify about the damages caused by the negligence of Defendant, but I warn you it’s going to be really boring.” Many attorneys would not be so bold as to warn the jury that the economic loss part of the case is going to be boring, but I’ll bet many do think that every time.

Ask yourself if any juror is likely to remember something that is boring, and the answer clearly is no. The question attorneys should ask themselves is, “Does my presentation on economics have to put everyone to sleep?” The answer again is no. This post will provide a few key tips on how to transform economic data into engaging, easy-to-understand visual presentations. [Read more...]

Social Media Ethics for Lawyers: 4 Things Attorneys Should Not Do Online

November 17, 2023 by Leave a Comment

This post is written by my wife, Sarah Lavender Smith, who works with me at Cogent Legal as the director of communications.

Yesterday I attended a panel discussion called “Legal Social Media Gone Wild: A Look at the Ethics Involved in Lawyer Participation Online,” sponsored by the Bay Area Chapter of the Legal Marketing Association. The wide-ranging talk touched on sticky issues that have emerged as attorneys go online to network, to promote their expertise and to connect with potential clients.

Attorneys’ seemingly benign social media activity can and sometimes does collide with the rules of professional conduct. Trying to promote themselves online while mitigating this risk “is like skiing while leaning backwards—it’s very difficult to do,” said one panelist, Adrian Lurssen, co-founder and VP of strategic development at JD Supra (which, BTW, is a terrific service for legal news syndication; you can check out our profile and articles there).

Here are a few take-away lessons for attorneys and legal marketers from the panel of experts, which in addition to Lurssen included: Miles B. Cooper of Rouda Feder Tietjen & McGuinn, John Steele of the blog Legal Ethics Forum, and moderator Lydia Bednerik, marketing director at Wendel Rosen Black & Dean. [Read more...]

5 Social Media Tips for Law School Grads and Solo Practitioners to Help Find a Job and Build a Practice

November 9, 2023 by 1 Comment

When I graduated from law school in 1993, job searching via social media consisted of using the Yellow Pages to find a law firm to cold call. Wannabe associates like me attended job fairs and perhaps asked a parent’s friend to write a letter of recommendation. In that pre-Internet day of dial-up modems, none of us could network virtually.

Obviously, the path to finding an associate attorney position—or going solo and building a practice—has greatly changed and widened over the years, but recent law school graduates have it really tough these days, much as my peers and I did in the early ’90s when big firms had big layoffs. In light of this challenging economic climate, my law school asked that I co-present a seminar to help third-years find their first job post-graduation. I was asked to talk about “the do’s and don’ts of using LinkedIn and Facebook for your job search.” Much of the information that follows about using social media also can help attorneys who are building their solo or small-firm practices. [Read more...]