Should MCLE Requirements Follow Emerging Trends?

The Washington Supreme Court Mandatory Continuing Legal Education (MCLE) Board says yes.

As reported by NW Sidebar, the board voted to send such an amendment to the Washington BOG for its approval. The proposed changes would require one credit hour each of:

  • Equity, inclusion, and anti-bias,
  • Mental health and addiction, and
  • Technology education focusing on digital security

per MCLE reporting period. The three credit hours would be part of WSBA’s ethics requirement (six credits overall).

Where Oregon Stands

Equity, inclusion, and anti-bias

Presently, Oregon requires three introductory Access to Justice (AJ) credits per reporting period. Equity, inclusion, and anti-bias are often folded into Access to Justice programming. For examples of AJ CLEs, visit the PLF Website.

Mental health and addiction

Beginning January 1, 2019, all Oregon State Bar members are required to obtain one credit hour per reporting period on the subject of mental health, substance use and cognitive impairment (MHSU). You can learn more about MHSU credit here.

The Oregon Attorney Assistance Program (OAAP) has a wide variety of past CLE programs that qualify for MHSU credit. To find MHSU programming, visit the PLF website. Under “Credit Type,” choose Mental Health and Substance Use, then click the blue SEARCH button.

On October 17, 2019 in Bend, Oregon the OAAP will present “Supporting Lawyer Well-Being: What is Your Role?” The program includes an optional reception and social with fellow Deschutes County attorneys and the Professional Liability Fund Board of Directors. For more information, or to register, click here. The CLE and social are free.

Technology education – Digital Security

Oregon does not yet require explicit training on issues of digital security, but don’t be surprised if this is added to our curriculum.

Oregon and Washington seem to follow each other in tandem when it comes to policy changes, such as MCLE requirements. Further, the Oregon bar has already made clear that competent representation includes competent use of technology and protection of clients’ digital information. Can a new MCLE credit be far behind?

All Rights Reserved 2019 Beverly Michaelis

 

Why You Should Set Up a Rural Law Practice

Last week the American Bar Association reminded us about the lack of rural lawyers:

In 2017, NPR aired Lawyer Shortage In Some Rural Areas Reaches Epic Proportions

The “legal desert” in America’s rural areas is not going away. For the last eight years, Pacific Northwest legal publications have worked hard to encourage lawyers to consider a rural practice:

Ask Any Practice Management Expert

Practice management experts have been telling lawyers to consider rural law practices for over 25 years. Why?

  • Significantly lower overhead
  • Greater sense of belonging in the community
  • Less (or no) competition

Subjectively, rural lawyers seem to have greater overall job satisfaction. And clients prefer their presence – 71% of people looking for a lawyer think it is important to have a local attorney.

Read more about this issue in April Simpson’s article, Wanted: Lawyers for Rural America.

All Rights Reserved Beverly Michaelis 2019

How to Terminate an Employee the Right Way

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Let’s face it, no organization is immune from having to make the tough decision to terminate an employee. Of course no one likes to do it, but that still leaves the real question of how and when you should do it? This is especially true for lawyers beginning a new practice or expanding their existing practice…

via Breaking Up Is Hard to Do: How to Terminate an Employee the Right Way.

Assuming the employee has not committed an act that warrants immediate termination, consider these suggestions from the post referenced above:

  • Document, Document, Document: Scrupulously document disciplinary issues (if it’s not documented, it’s as if it didn’t happen).
  • Start with Warnings: When addressing performance issues, consider using a progressive disciplinary approach: For example, an escalating series of verbal, written, and other more serious notifications to the employee so they can attempt to improve their performance. However, this would not apply to serious performance breaches, nor for new employees who clearly don’t have the skills for the job.
  • Be Consistent: Take the same disciplinary approach for all employees—being mindful of each individual’s unique background and characteristics such as race; color; religion; pregnancy; gender identity; sexual orientation; national origin; age, 40 or older; disability, visible or invisible; or genetic information.
  • Document Some More: Always document the termination with a concise termination memo. If you do not provide the reason(s) for termination, the employee might assume the actual reason for their discharge was due to whatever protected category applies to them, such as race, gender, or age.
  • Don’t Waver: In the termination meeting, be professional but firm in your decision. The termination memo should do much of the talking for you.
  • Stick to the Script: Do NOT say anything different to the employee than what’s included in the termination memo—this is not the time to be overly reassuring and retreat from the true reasons for discharging the employee.
  • Go in as a Team: Try to have a manager who knows the employee present for the termination. A team approach—two management representatives, or a management representative and a human resources representative, or a management representative and a career counselor, etc.—is preferable because one person can take notes and there will be more than one witness to confirm what is said.

The Professional Liability Fund offers a Checklist for Departing Staff and sample office manuals, which may be helpful. From the home page, select Practice Management > Forms and peruse the “Staff” and “Office Manuals” categories.

All Rights Reserved 2019 Beverly Michaelis

 

You Can Take a Vacation

Build time off into your work schedule now to take a vacation – no excuses!  It takes some effort and organization, but your body and mind will thank you.  Three-day weekends – like Memorial Day – aren’t enough. We all need true recuperative time away from the office. This is my annual nudge to encourage you to take time from for yourself.

Budget now to go on vacation later.

“If I’m not at the office, I can’t bill.  If I can’t bill, I won’t get paid.” True enough, but there is a solution: budget for your vacation.

First, calculate your vacation expenses. Next, quantify the lost revenue you need to replace during your time out of the office. Now that you know how much you need, begin setting aside funds every week to meet your financial goal. If necessary, find little ways to cut back that can really add up: like bringing your lunch to work, deferring your daily Starbucks fix, using public transportation, or telecommuting.

Saving weekly will keep you on track and help manage expectations. If you’re just getting started, then your plans this year may be more modest. Next year, you can begin saving for your summer vacation in January.

Clients are important enough to schedule.  So is your vacation.

Work will never go away, but I guarantee that if you look ahead in your calendar you will find a block of time with no commitments. Even if you haven’t made plans yet, block the time out now before your calendar fills up. If you have a habit of backsliding, enlist your family as enforcers. If you need an extra incentive, consider non-refundable travel reservations.

Preparation is key!

If you’re a member of a firm, going on vacation is a matter of meeting with other lawyers who will be covering cases during your absence.

If you are a sole practitioner, use the buddy system.  Find a colleague who is experienced in your practice area and willing to cover for you.

This arrangement is usually reciprocal and is helpful if you have an unexpected absence from the office due to injury or a medical condition.

Vacation Checklist:

  • Notify clients, opposing counsel, judges, or other appropriate parties that you will be out of the office;
  • Prep your files.  They should be well-organized and current, with status memos so your buddy can easily step in if needed;
  • Create a “Countdown Schedule.”  Identify what needs to be done when and whether certain tasks can wait until your return;
  • Allow for wind down.  As your vacation approaches, leave time in your schedule to finish up last minute work.  Reduce or refer out new matters;
  • Train staff.  Do they have a clear understanding of office procedures?  How will they screen client calls during your absence?  Give them parameters for contacting you or your buddy in the event of an emergency.
  • Resist constantly checking voice mail, e-mail, or text messages.  Technology is a God-send, but part of rejuvenation is taking a break from our instant Internet society. Checking in is okay, but stick to a schedule to avoid obsessing over what is going on back at the office.  Remember – you have an emergency plan in place.  If something happens, staff or your buddy will get a hold of you.
  • Avoid post-vacation overload.  Just as you blocked out dates to go on vacation, allow yourself time to get back up-to-speed.  Otherwise, you’re right back where you started.

All Rights Reserved 2019 – Beverly Michaelis

 

Law Student Mental Health

New Podcast on Law Student Mental Health –

https://abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/
— Read on abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/

Law students may experience significant stress in law school without much to access in the way of resources. This new podcast addresses that need.

If you have students working in your office, encourage them to listen to the podcast. Point them to our own Oregon Attorney Assistance Program, which serves students in addition to lawyers.