While most attorney-client relationships end without disputes over fees, disagreements can sometimes develop. These disputes often result from misunderstandings or communication breakdowns and can occasionally lead to a bar complaint. Fee issues can occur between attorneys and clients or even between attorneys involved in the same case. Although these disputes can be resolved through the courts, alternative solutions are available. The Florida Bar offers a fee arbitration program, which functions like a mini trial. In this program, an arbitrator makes a final and binding decision after reviewing evidence and hearing testimony. This arbitration process is free, voluntary, and can be initiated by either the attorney or the client. By utilizing this program, attorneys can better serve their clients and avoid involvement in the disciplinary system.

In today’s episode host Jamie Moore welcomes Shanell Schuyler and Steven Lesser to discuss The Florida Bar’s fee arbitration program.

Shanell Schuyler serves as the Director of the Attorney Consumer Assistance Program (ACAP) and Intake Department of The Florida Bar. She also supervises the Bar’s Grievance Mediation and Fee Arbitration Program, the Practice and Professionalism Enhancement Programs, and Diversion/Discipline Consultation Services. Shanell is a graduate of Florida State University, cum laude, with a B.S. in Finance, and Stetson University College of Law. She began working for The Florida Bar as a senior attorney in 2007. She became director of the ACAP/Intake Department in February 2012. Shanell is an active member of the National Organization of Bar Counsel where she frequently speaks on topics pertinent to lawyer regulation.

Steven B. Lesser chairs the national Construction Law and Litigation practice group at his firm. He is Board Certified in Construction Law by the Florida Bar and focuses solely on construction law and litigation, including governmental construction claims, defense, and hotel/condominium disputes. A Fellow of the American College of Construction Lawyers, he was elected to the Board of Governors in 2022 for a 3-year term. He has received numerous awards from the Florida Bar and American Bar Associations for his contributions to the construction industry.

Mr. Lesser is a Past-Chair of the American Bar Association’s Forum on Construction Law, the largest construction lawyer group globally, known for its scholarly publications and programs on construction law. He also served as Past-Chair of The Florida Bar Board of Legal Specialization and Education committee, overseeing the Bar’s certification plan and 27 certification committees. Additionally, he has held leadership roles in various Florida Bar and American Bar Association Committees, including Past-Chair of the Florida Bar Construction Law Certification Committee.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 0.5 hour of General CLE credit including 0.5 hour of Ethics CLE credit. Course # 8663.

REFERENCED RESOURCES:

Grievance Mediation & Fee Arbitration Committee [The Florida Bar]

Keep Your Fee Dispute Out of Court [Video]

Attorney/Consumer Assistance Program (ACAP)

Complaint Alternatives [The Florida Bar]

Bar’s Grievance Mediation and Fee Arbitration Program Seeks Volunteers [The Florida Bar]

Grievance Mediation & Fee Arbitration Volunteer Form

Rules Regulating The Florida Bar Chapter 14 Grievance Mediation and Fee Arbitration

Many lawyers struggle with the pressures of practicing law and the impact it has on their mental health and work performance. Finding some satisfaction in your work and even a sense of purpose can go a long way in alleviating the misery that you may be feeling. While you may still not love practicing law, you can learn to adjust your view to see the value that your work brings to your clients or to the community.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Stuart Teicher, to discuss his book, “How to Stop Hating the Law”. He offers actionable strategies for making the practice of law more enjoyable or at least more tolerable.

Stuart Teicher is a professional legal educator who focuses on ethics law and writing instruction. He is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys. Stuart teaches Professional Responsibility at Georgetown Law and undergraduate writing at Rutgers University in New Brunswick.

A practicing attorney for over 25 years, Stuart’s career is now dedicated to helping fellow attorneys survive the practice of law and thrive in the profession through seminars, in-house training for law firms, CLE instruction, and keynote speeches at conventions and association meetings. Stuart helps attorneys get better at what they do (and enjoy the process) through his entertaining and educational CLE performances. His previous book, “Navigating the Legal Ethics of Social Media and Technology”, was published by Thomson Reuters.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Mental Health and Wellness CLE credit. Course # 8579.

REFERENCED RESOURCES:

· Stuart Teicher

o Contact

o Buy My Book

o How to Stop Hating the Law: A path to hope for miserable lawyers [Amazon]

· Florida Bar Practice Resource Center CLEs with Stuart Teicher

· Florida Lawyers Helpline

· How to Start and Build a Law Practice [Amazon]

· LegalFuel: The Florida Bar’s Practice Resource Center

As an attorney, you rely on your staff, but HR issues with your staff can catch you off guard and when not handled properly, these issues can completely disrupt the successful delivery of service to your clients. Human Resource management is essential for every business, but in a small firm, the HR department is most likely just you. And like any business, firms must comply with federal and state labor laws on overtime, maternity leave, discrimination, etc. Unless you are a labor and employment law attorney, you may not be aware of all the requirements and best practices. This can result in inconsistent policy enforcement or inadequate documentation of performance issues, ultimately leading to some avoidable headaches.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Kevin Johnson, an employment defense attorney, and Shareholder of Johnson Jackson, to discuss HR best practices for law firms.

Kevin Johnson graduated from the University of Florida Levin College of Law, and is Board Certified in Labor and Employment Law by The Florida Bar since 2007. For more than two decades, Kevin has represented and advised employers about laws that affect their relationships with employees, helped them solve problems when they arise, and defended them against discrimination charges and lawsuits filed by their employees. His clients range from national restaurant chains, retail employers, and large hospitals, to independent restaurants, medical practices, and other local employers. Kevin has experience litigating cases in jurisdictions throughout the United States, both in single-plaintiff cases and in nationwide class and collective actions. He has been recognized in the field of employment law by various publications, including Best Lawyers in America, Florida Trend, and Super Lawyers. Kevin is AV-rated by Martindale Hubbell. He has also been recognized by The Florida Bar for his involvement with promoting technology and practice-management education for Florida lawyers.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Labor and Employment Law CLE credit. Course # 8619.

REFERENCED RESOURCES:

Johnson Jackson PLLC

• Kevin D. Johnson

SHRM

• How Small-Business Owners Successfully Delegate HR [SHRM]

U.S. Department of Labor

• Family and Medical Leave Act [U.S. Department of Labor]
• Wages and the Fair Labor Standards Act [U.S. Department of Labor]
• Employee or Independent Contractor Classification [U.S. Department of Labor]

U.S. Equal Employment Opportunity Commission

• Title VII of the Civil Rights Act of 1964 [U.S. Equal Employment Opportunity Commission]
• What You Should Know About the Pregnant Workers Fairness Act [U.S. Equal Employment Opportunity Commission]

Americans with Disabilities Act [U.S. Department of Justice Civil Rights Division]

U.S. Department of Labor mandates two salary threshold increases for white collar FLSA exemptions and a mechanism for future automatic increases [Employment Law Watch]

LegalFuel: The Florida Bar’s Practice Resource Center

The ABA 2023 Tech Survey highlights that 56% of respondents regularly utilize fee-based online services for legal research, with an additional 21% using them occasionally. Surprisingly, 12% never utilize these resources. Despite the abundance of technological options available for legal research, many lawyers still hold a preference for hard copy books. Research suggests that modern screens and e-readers struggle to replicate the tactile experiences of reading on paper, hindering the natural navigation of lengthy texts. For lawyers, books offer a tangible resource for easy browsing, annotation, and cross-referencing that online research might not offer.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Maggie O’Neill, to discuss why books are still relevant in the practice of law.

Maggie O'Neill holds a bachelor's degree from the University of North Dakota, and a law degree from Northeastern University School of Law.

For over 17 years, Maggie ran a solo practice specializing in family law and dependency cases, focusing on litigation and mediation. Maggie's experience in the publishing industry is extensive, having held key roles including Vice President of Product Management and Vice President of HR Publishing at Thomson Reuters and as Editor in Chief of Professional Publications at Reed Elsevier. Additionally, Maggie worked at Callaghan and Company as a Legal Editor and Project Manager.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 0.5 hour of General CLE credit. Course # 8493.

REFERENCED RESOURCES:

• Florida Bar Member Benefits: Legal Publications
• The Florida Bar and LexisNexis Store
• Contact Sales 1-877-394-8826
• ABA to release TechReport 2023 survey on legal tech trends [American Bar Association]
• ABA Profile of the Legal Profession 2023 [American Bar Association]
• The Reading Brain in the Digital Age: The Science of Paper versus Screens [Scientific American]
• LegalFuel: The Florida Bar’s Practice Resource Center

While the legal field has historically been hesitant to adopt new technology, AI is now slowly sweeping into law firms. Integrating AI programs can dramatically boost a firm’s efficiency and reduce costs by assisting with many tasks including legal research, document drafting and review, and even automated client communication. There is a clear upside to implementing AI, but legal professionals must also be aware of the risks and ethical concerns that come with its use.

In today's episode, hosts Christine Bilbrey and Jamie Moore welcome Damien Riehl, to discuss best practices for utilizing AI in the law firm.

Damien Riehl is a lawyer, technologist, and lead product designer at vLex with experience in complex litigation, digital forensics, and software development. A coder since 1985 and for the web since 1995, Damien clerked for the chief judges of state and federal courts, practiced in complex litigation for over a decade, has led teams of cybersecurity and world spanning digital forensics investigations, and has led teams in legal-software development.

Co-Chair of the Minnesota Governor’s Council on Connected and Automated Vehicles, he has helped recommend changes to Minnesota statutes, rules, and policies — all related to connected and autonomous vehicles. Damien is Chair of the Minnesota State Bar Association's working group on AI and the Unauthorized Practice of Law (UPL).

At SALI, the legal data standard he helps lead, Damien develops and has greatly expanded the taxonomy of over 14,000 legal tags that matter, helping the legal industry's development of Generative AI, analytics, and interoperability.

At vLex Group – which includes Fastcase, NextChapter, and Docket Alarm – Damien helps lead the design, development, and expansion of various products, integrating AI-backed technologies to improve legal workflows and to power legal data analytics.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Technology CLE credit. Course # 8473.

REFERENCED RESOURCES:

• LLMs for Legal Tasks: Best Practices [by Damien Riehl]
• vLex – Your Ultimate Legal AI Platform
• Latest version of ChatGPT aces bar exam with score nearing 90th percentile [ABA Journal]
• AI Agents and The Era of The Intelligent Interface [Forbes]
• Affective Computing: Advancing human wellbeing by developing new ways to communicate, understand, and respond to emotion [MIT]
• Why We Need to See Inside AI’s Black Box [Scientific American]
• Understanding AI Terms: What is a Foundational Model? [The National Law Review]
• AI in Law: Transforming Legal Practices [Clio]
• What is AI and How Can Law Firms Use it? [Clio]
• LegalFuel: The Florida Bar’s Practice Resource Center

The Rules Regulating The Florida Bar detail the required procedures and the professional conduct of our members. They are designed to protect the public and maintain ethical standards within the legal field. So often when the Bar receives a complaint, it’s due to a lack of understanding or awareness of the rules by the attorney. Here at the Practice Resource Center, we actively try to assist our members with guidance and resources so that they have the tools and knowledge to be compliant with the Rules.

In today’s podcast, Christine Bilbrey, Director of the Practice Resource Center, and Jamie Moore, Practice Management Advisor, will discuss some essential, but perhaps less well-known Bar Rules that every lawyer should be aware of to avoid disciplinary action.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Ethics CLE credit. Course # 8346.

REFERENCED RESOURCES:

• Supreme Court Reduces the Number of Mandatory CLE Hours
• Supreme Court-Mandated Professionalism CLE Now Available
• Frequently Asked Questions About CLE Requirements
• Designate Your Inventory Lawyer Today!
• If a lawyer is leaving a firm, which clients to notify?
• LegalFuel Document Library: Lawyer Changing Firms
• Trust Accounting – Basic Records and Procedures
• It Is a Requirement That the Trust Account Compliance Certificate Be Completed
• Trust Accounting FAQs
• Attorney/Consumer Assistance Program (ACAP)
• How long should I keep closed files?
• How to Establish an Interstate Law Practice? What are some pitfalls to avoid?
• Choose a Corporate Structure
• Should I form a professional service corporation? Do I have to?
• Modern Complexity Demands New Ways of Working: The Future of The Lawyer-Nonlawyer Partnership
• The Florida Bar Ethics Informational Packets
• Best Practices for Law Firm Invoices [Guest Post]
• LegalFuel: The Florida Bar’s Practice Resource Center

Lawyers often invest in technology but may not utilize it effectively, leading to a missed return on investment. Strategic spending on impactful technology is crucial when you are a solo or small firm on a budget.

In today’s episode, hosts Christine Bilbrey and Jamie Moore welcome Catherine Sanders Reach, to discuss cost-effective technology tools and services you may already have at your disposal.

Catherine Sanders Reach provides practice technology and management assistance to lawyers and legal professionals. Formerly, she was Director of Law Practice Management and Technology for the Chicago Bar Association and the Director at the American Bar Association’s Legal Technology Resource Center. Prior to her work at the NCBA, CBA and ABA she worked in library and information science environments for several years, working at Ross and Hardies as a librarian. She received a master’s degree in library and information studies from the University of Alabama.

Catherine’s professional activities include articles for Law Practice magazine, Law Technology News and GPSolo Magazine, as well as numerous other publications. She has given presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations such as the National Association of Bar Council and the Association of American Law Schools.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Technology CLE credit. Course # 8284.

REFERENCED RESOURCES:

· About Catherine Sanders Reach

· Subscribe to North Carolina Bar Association CPM ICYMI Newsletter

· Articles Written by Catherine Sanders Reach

o Free and Cheap Technology for Thrifty Lawyers

o Can MS 365 Replace Law Practice Management Software?

o Expand MS 365 with Add-ins and Integrations

o Adobe Acrobat Has a New (Inter)Face

o Microsoft 365 versus Google Workspace

o Trying Out LinkedIn Newsletters

· Other Resources

o Microsoft Bookings

o Use Planner in Microsoft Teams

o Removing sensitive content from PDFs

o Fastcase Quick Reference Guide

o Dashlane Authenticator app

o Keeper Authenticator

o Zoom VoIP Phone Services

o Microsoft Teams Phone

· LegalFuel: The Florida Bar’s Practice Resource Center

Back in the day, law firms either relied on their reputations and referrals from former clients or they paid for billboards and phone book ads. If you are a solo or small firm practitioner, you likely don’t have a lot of time or a huge marketing budget to compete with larger firms to attract new clients, but a simple, well-crafted digital marketing strategy can be all that you need for maintaining a steady flow of client activity.

In today’s episode, hosts Christine Bilbrey and Jamie Moore welcome Rob Saravia and Jeff Hazen, to discuss practical marketing tips and Bar Advertising Rules.

Rob Saravia is The Florida Bar’s new marketing manager aiding growth in the Programs Department. He brings over 4 years of experience in the marketing field, with a focus on the dynamic realm of retail marketing. Rob is a graduate of Florida State University with a double major in Marketing and Economics.

Jeff Hazen serves as the Assistant Ethics Counsel for the Florida Bar, with over 15 years of dedicated service. Throughout his tenure at The Florida Bar, Jeff has handled thousands of inquiries on the Ethics Hotline, assessed numerous lawyer advertisements, and issued dozens of staff Ethics Opinions. Jeff is a distinguished alumnus of the University of Florida Levin College of Law.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 0.5 hour of General CLE credit including 0.5 hour of Ethics CLE credit. Course # 8214.

REFERENCED RESOURCES:

• Article: Law Firm Marketing Strategy: Top 8 Ideas to Grow a Legal Practice (by Clio)

• The Florida Bar Advertising Regulation and Information

• Handbook on Lawyer Advertising and Solicitation

• Chapter 4 Rules of Professional Conduct

• 4-7.13 Deceptive and Inherently Misleading Advertisements

• 4-7.16 Presumptively Valid Content

• 4-7.18 Direct Contact with Prospective Clients

• 4-7.20 Exemptions from the Filing and Review Requirement

• Florida Bar Ethics Opinion 20-01: Negative Online Reviews

• Florida Bar Ethics Opinion 21-1: Negative Online Reviews

• Ethics Hotline 800-235-8619

• Grow Your Practice – Join the Lawyer Referral Service

• LegalFuel: The Practice Resource Center of The Florida Bar

• LegalFuel: Marketing Resources