Plus: Virtual employees on the rise | DEI litigation
The ability to adapt is what sets successful firms apart. This week, we’re taking a closer look at how some practices are finding success using virtual assistants and focusing on a niche area of law. We’ve also got the scoop on a proposal to use AI to draft laws, and links to some interviews with a nonlawyer who has had an enormous impact on the law.
But first, does anyone out there have a template for a birthday party NDA? Asking for a friend.
alk about judicial restraint.
Did you hear about the Texas judge indicted for handcuffing a defense lawyer during a hearing? Meanwhile, a federal judge in Michigan is on trial for “super drunk” driving.
“A republic, if you can keep it.”
A 501(c)(3) called Keep Our Republic is calling on lawyers, law firms and legal organizations to endorse a set of “Principles for the Independence of the Legal Profession,” authored by more than 30 former federal judges.
Is nothing sacred?
Costco is facing a class action lawsuit alleging the company falsely advertised that its famous rotisserie chicken contains “no preservatives.”
Ick.
The number of people with previously unknown ties to sex trafficker Jeffrey Epstein is shocking. This includes former White House Counsel Kathryn Ruemmler, who received a $9,400 Hermes handbag and other gifts from "Uncle Jeffrey," and Paul Weiss chair Brad Karp, who described Epstein’s home as "!!!"
Feel the rhythm! Feel the rhyme! Get on up, it's bobsled time!
Gear up for the Winter Olympics (kicking off February 6) with the 1993 classic "Cool Runnings". If you squint, the procedural hurdles the team must overcome in order to compete bring this film into legal thriller territory. Catch the 2026 Jamaican bobsled teams, which have a shot at medaling (!) starting on the 12th.
They work here, but not here here.
Since the pandemic, many firms have allowed employees to work remotely. This has, in turn, made firms curious about the possibility of hiring fully virtual employees or contractors to take over some routine tasks. Molly McGrath, the founder of Hiring & Empowering Solutions, has some practical tips for firms that are headed down this path.
According to McGrath, the key is integrating virtual assistants into the existing firm structure by treating virtual roles like any other role. Giving them clearly articulated responsibilities, onboarding them and aligning their workflows with existing staff makes sure the work they do is transparent and trusted.
Why this matters: Hiring virtual assistants can free up attorneys to focus on higher-value legal work and improve the firm’s ability to respond to clients (and potential clients) more quickly. But these employees aren’t machines; they have to be trained and managed just like those on-site. (Hiring & Empowering Solutions)
“We want good enough.”
We can’t outsource legal analysis to the robots, but what about legal drafting? And we’re not talking about motions or contracts, but the laws themselves. According to reporting by Jesse Coburn at ProPublica, the U.S. Department of Transportation is ready to have AI write its regulations. But the goal isn’t crafting better regulations, it’s creating more regulations more quickly.
Why this matters: Coburn reports that the DOT is already working on an AI-drafted Federal Aviation Administration rule. And that DOT is seen as the “tip of the spear,” with other agencies able to follow suit. So, watch this space the Federal Register! (ProPublica)
The death of DEI?
This week, the New York Times published an article on the number of lawsuits that have been filed against companies, organizations and institutions with DEI initiatives since the Supreme Court’s 2023 decision ending affirmative action in college admissions. Examples include a venture capital firm ending a contest that gave grants to Black women entrepreneurs in fear of a lawsuit, and a white theatergoer suing a theater, demanding that it pay damages for offering discounted tickets to people of color.
The architect of much of this litigation is Edward Blum, founder of the American Alliance for Equal Rights and president of Students for Fair Admissions (the plaintiff in the Harvard case).
Blum’s not an attorney, but he’s having an outsize impact on the law. He was profiled by NPR’s popular "More Perfect" podcast back in 2016 and again in 2017. Those give you the backstory. More recently, he spoke with the American Enterprise Institute and the Manhattan Institute (Blum comes in at the hour and thirty-minute mark) about his ongoing work to dismantle policies that favor one race over another.
- Utah expands its Supreme Court
- The use of administrative subpoenas is growing
- Law passed in wake of Bork nomination may upend online advertising
- SCOTUS asks employees to sign NDAs
- Local prosecutors form group to fight federal overreach on immigration: Fight Against Federal Overreach
Finding your niche
You may have noticed that many of the attorneys featured in Raise the Bar’s weekly Q&A feature have highly specialized practices. That’s no accident. These attorneys have strong reputations that allow them to stand out when we are looking for attorneys to share practice insights. But does developing a niche practice also help you stand out to potential clients? In this article for Attorney at Work, Sally J. Schmidt says yes.
She argues that focusing your practice on a specific industry communicates to potential clients that you speak their language, which can generate better leads, stronger referrals and a more predictable pipeline of work. Schmidt then provides a step-by-step guide to identifying and developing a niche practice.
Why this matters: In an increasingly crowded legal market, narrowing your focus may be the way to help your firm stand out. This article can help you evaluate if niching down could work for you, and gives you tips for how to start doing it. (Attorney at Work)
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.
Comments ()