'Honey,' that’s inadmissible

This week’s newsletter is all about planning ahead, whether you're preparing for a tough courtroom appearance or thinking years down the line about your firm’s future.

We’re starting with a candid Q&A with a trial court judge who shares what attorneys often get wrong (and right) in the courtroom. You’ll also find a useful tool for calculating your true hourly rate, a roundup of the latest business card info (no, they aren’t dead yet!) and a podcast rec for anyone who likes hearing other people talk about their legal path. 

Finally, for those thinking long-term, we’ve gathered key resources on law firm succession planning—because every lawyer needs an exit strategy.

Is this humorous or horrifying? A Colorado attorney gets a little too comfortable in the courtroom and calls the judge “Honey.” Volume up for this one.

More like zealous a-hole than advocate. How would you advise this lawyer to react?

What’s the legal version of this? Because @workretiredie nails the corporate version.

This is a new one. A Florida judge issues an order to show cause after finding used gum stuck to a table in the courtroom. Mortified litigant (suing over lottery winnings) 'fesses up.

A view from the bench

In this candid Q&A, Missouri Associate Circuit Judge Corey Moon opens up about what it’s like to work in a “legal desert,” where almost everyone who comes before the bench is a repeat player. He also offers practical advice for lawyers who want to become more effective advocates. 

You worked in private practice and as a prosecutor before becoming a trial court judge, so I’m curious what you have found to be the most surprising or unexpected thing about joining the bench?
Before I started, I always thought about how things could be done differently. Once I was in charge, I realized why some things are the way they are. 

I’m now four years in, and I’m just getting to the point where I feel I can start making real changes in the way we work. It’s going to take a lot of time and effort to implement some of them, but we’re on the right track.

Is there an appetite for change in your community? 
The biggest change people in my area would like to see is an increase in the number of attorneys. 

We are at the point where it is difficult to find attorneys who will serve as a guardian ad litem for children in custody or abuse matters. There are very few attorneys who practice criminal law, which decreases the chance a person can hire private counsel to represent them. That, in turn, can lead to more work for the public defenders. We have a shortage of public defenders. We also have a shortage of prosecutors. Two of the three counties in our circuit, including mine, still have a part-time prosecuting attorney position. There are several counties nearby with part-time positions that are not filled by the voters because no one signed up to run. We need more attorneys in rural Missouri. Plain and simple. 

It sounds like you probably see most of the attorneys in your area pretty regularly. I don’t want to call anyone out, but can you talk about what habits the most effective attorneys in your courtroom have?
Off the top of my head: They show up prepared. And have their clients in court ready to go. If they’re coming up with a novel argument or theory, they are ready to bolster it with case law or other authority. The pre-hearing memos or briefs they submit are actually brief. They give the court all the information it needs to decide. It’s very difficult to sit through a trial and not have all the information about the elements of a claim. 

Is there anything you wish attorneys would stop doing?

Being a lawyer is hard enough. Don’t ever do something just to make life harder for another lawyer. Just because we have an adversarial system doesn’t mean you can’t zealously represent a client and also be respectful to the other side. At the end of the day, everyone is doing a job.

Closing up shop

Attorneys are great at telling others about the importance of long-term planning, but we don’t always take our own advice. Retiring, selling your firm, or—heaven forbid—losing your physical or mental ability to practice are all things responsible attorneys should be prepared for. If you need some help getting started with this important task, the South Carolina Bar has a roundup of resources and checklists for you.

Why this matters: Many lawyers put off important succession planning tasks until it is too late. If you already have a plan in place, it might be time to ensure it still complies with any state law mandating attorney successors. (South Carolina Bar)

Reports of the death of the billable hour are greatly exaggerated 

Nobody has ever accused lawyers of being good at math, but this hourly rate calculator will make you feel like you are. The accompanying article walks you through the important factors to consider when figuring out how much to charge. You then plug in the numbers you came up with and your target rate pops out. 

Why this matters: BigLaw firms generate big headlines with their hourly rates, but the rest of us are often left scratching our heads as we try and figure out how much we should be charging our clients. This tool can help take the guesswork out of rate setting. (Practice Panther) 

Owning your path in the law

LawHer is a reminder that there’s no single blueprint for building a legal career, and that’s a good thing. Each episode dives deep into a lawyer’s personal and professional journey, with guests sharing the pivots, challenges and triumphs that shaped their career (but didn’t make it into their law firm bios). Whether you’re in private practice, public service or an unconventional legal role, these conversations are a powerful call to reimagine what modern lawyering looks like and how you want to show up in the profession.

Why this matters: If you’re looking for a podcast that’s equal parts inspiration and introspection, LawHer should be at the top of your playlist. It’s not just for women lawyers, either. Any attorney interested in building a more inclusive and dynamic legal community will find insight and fuel in these episodes. (LawHer)

• SCOTUS green lights third country deportations
  
• June's almost over. What’s left on the SCOTUS docket?
  
• Puerto Rico approves non-lawyer ownership of law firms
  
• AI company wins case over use of copyrighted books for training
  
• Diddy defense rests without calling any witnesses

Pick a card, any card

We’ve been told for years that business cards are on their way out, but for now they remain an important networking tool. This is due in part to the ability to customize them, the ease of printing them and the proliferation of card scanning apps that can import someone’s info directly into your digital address book. 

Why this matters: Exchanging business cards is still a great way to network if you take the time to create a card that attracts attention, and if you're willing to do the necessary follow-up work to connect with the people who have given you their cards. (Indeed)

You're all caught up!

 Thanks for reading today's edition! You can reach the newsletter team at raisethebar@mynewsletter.co. We enjoy hearing from you.

 Interested in advertising? Email us at newslettersales@mvfglobal.com

 Was this email forwarded to you? Sign up here to get this newsletter every week. 

 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.