What you wish you could tell clients

Everyone seems to be hosting a webinar this summer, and this issue of Raise the Bar explains why. We’ve got the scoop on why they work as a marketing tool, plus a round-up of some you might want to sign up for if you're looking for CLE credit. 

This week we’re also taking a closer look at tort reform. We’ve got a Q&A with a lobbyist looking to make changes to New York’s civil justice system and a podcast from his counterparts in the Lone Star State. 

Finally, we’re taking a look at client engagement letters—sharing some brutally honest (and slightly funny) examples of what you wish you could say, plus best practices for what you should include to protect your time, your fees and your sanity.

Mentally here. @lawyerissues sums up vacationing in one meme. 

Need a gift for opposing counsel? JK, but this sweatshirt from The Onion’s collab with Kenneth Cole would be perfect. 

Executive orders explained. Bloomberg Law has a helpful intro to this hot topic.

Yes, it’s clickbait. No, we can’t help ourselves. Buzzfeed has a list of the pettiest reasons people have filed for divorce. 

Monkey business. 100 years after the Scopes trial we’re still arguing about what kids learn in school. So the big centennial celebration planned by the town of Dayton, Tenn., is as topical as it is historical.

Inside the push for tort reform

Tort reform remains one of the most hotly debated issues in the legal world, shaping how courts handle civil lawsuits and how attorneys advocate for their clients. For this issue of Raise the Bar, we sat down with Tom Stebbins, the executive director of the Lawsuit Reform Alliance of New York, to talk about the push for change in the civil justice system. Whether you’re a litigator, in-house counsel or policy watcher, this conversation sheds light on a debate that affects us all.

What does a day in the life of a tort reformer look like? Who are you talking to, and what are you trying to accomplish?
Depends on the day! During the legislative session, I am talking to legislators and staff about bills that affect civil justice in New York.

In the off-session, I am often talking to business leaders and trade associations. I will talk to doctors and hospitals about medical liability issues, or contractors about their liability issues. The organization I lead also frequently engages with the courts, either with amicus briefs or via public comment on rulemaking. 

Finally, I often speak with members of the media to help them translate complex issues into language that regular people can understand.

How much of your job is persuasion versus education?

It's mostly education. The legislature, the courts, the media, our members—they are generally aware that there are things we could do to improve the legal system. My job is to show them the data and highlight the cases and stories that show what reforms are needed.

The persuasion part is getting them to care enough to act. Logic and data do not often win the day.

What makes a legal issue “ripe” for reform?
My organization’s members and the front-line attorneys who work for them are often the ones who bring things to our attention. 

For example, we knew insurance fraud was happening in NYC, but it was our member attorneys who brought the scale of the fraud to our attention. As part of that, they share with us specific stories or cases where a construction crew staged an accident and a migrant was given back surgery under pressure from a gang, bankrolled by litigation financing.

When we combine those stories with data, we can make a strong case for reform.

What advice would you give to a lawyer who wants to influence policy?
Don’t give up if change doesn’t happen right away. Keep showing up. Keep telling your story and looking for policymakers who are willing to champion your cause.

How engaging 

Clients often complain about documents containing too much legalese, but would they appreciate hearing what’s really on our minds when we are drafting a client engagement agreement? When Attorney Ruth Carter updated their EA template, they took a shot at writing an over-the-top agreement that puts into plain language everything they wish they could say to clients about paying bills, respecting the attorney's time and what “urgent” really means.

Why this matters: Writing out everything you wish you could say to clients is cathartic. But it can also be a way to help you figure out what parts of your engagement agreement should be updated and clarified. (Attorney At Work)

Level up for less

Whether you need CLE credits to stay in good standing or you’re simply curious about a trending topic, you might be surprised at the number of free resources available. Many legal tech companies have started producing webinars that double as CLE as part of their marketing. Check out these offerings from Clio, Smokeball and LawPay.

Why this matters: Earning free CLEs while getting tips about discovery tactics, reviewing the ethical rules or learning about new practice management techniques? Sign us up. Know of another source for free CLE or something else you think other lawyers should know about? Drop us a line.

Missives from the Lone Star State

If this week’s Q&A got you curious about what other tort reformers are up to, you might want to give this podcast from Texans for Lawsuit Reform a listen. Hosted by attorney Lee Parsley and TLR executive director Mary Tipps, “TLR Tuesdays” covers everything from caps on damages and venue shopping to legislation being considered in Austin. 

Why this matters: Texas is something of a testing ground for tort reformers. If a topic is being discussed in the Lone Star State, it will likely be considered in your state, too. Tuning in could help you stay ahead of the curve and understand what proposed reforms might mean for your clients and your business model. (Texans for Lawsuit Reform)

• Justice Jackson is not afraid to critique her colleagues 
  
• SCOTUS okays federal job cuts
  
• Tax hike on litigation funding struck from “Big Beautiful Bill”
  
• American Academy of Pediatrics sues over vaccine policies
  
• DOJ blasts bureau of prisons for shackling inmates 

Lights, camera, clients

Attending webinars is one thing (see the Legal Bytes section above), but have you ever considered hosting one? A growing number of law firms are relying on webinars to build their reputation and engage potential clients. This article from Salesforce has a step-by-step guide for incorporating webinars into your marketing strategy—including a list of platforms you can use to host one.

Why this matters: In a world where people would rather Google their legal questions than schedule a consult, a free webinar is an easy way to meet potential clients where they are. When done right, it will show attendees you’re the one they should call when they’re finally ready to pick up the phone. (Salesforce) 

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.

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