Author: San Diego County Bar Association

2019 Law + Technology Summit – the eDiscovery Recap

By Sheila A. Grela and June Hunter

For the second year, SDCBA Law + Technology Summit has provided stellar speakers addressing a wide-range of legal technologies.  The summit provided details regarding necessary tools, skills and knowledge to help legal professionals from sole practitioners to those working in big law, to effectively incorporate legal technology into their workflow.  Adriana Linares, Member Technology Officer for SDCB Read More

“Adulting” for Lawyers

By Christine Pangan

You’ve likely seen the hashtag, finding it funny, obnoxious, or even used it yourself. A quick survey of social media friends shows that #adulting or #adultingsohard has a range of definitions and uses, from “comically framing the drudgery of being a grown up” as a friend describes it, to referring to more challenging scenarios one faces as an adult such as caring for aging parents. A term mostly used by millennials, it can leave older generations scratching their heads wondering what is so difficult or noteworthy about an adult acting like an adult.

As traditional markers of adulthood are delayed well beyond 18 years old for many in their 20s to even 40s these days, “adulting” refers to behaving in an adult manner or doing activities associated with being a grown-up, with the element of perhaps not really wanting to or being proud of finally being able to do these things. Adulting includes being responsible (i.e. paying bills on time), having a career, buying a house or car, delaying instant gratification to achieve more mature goals, taking basic care of yourself and possibly others, and meeting typical “grown-up” obligations. In today’s legal world, what would #attorneyadulting look like?

Paying back student loans

For recent graduate Julie Houth, one marker of attorney adulthood is paying back student loans. “The transition from law student to lawyer can be a grueling journey because students must evolve from a student lifestyle to an adult lifestyle, like holding a 9 to 5 job and ultimately becoming a respectable professional in society,” Houth says. Many graduates of the past decade deferred their student loans for years after graduation due to difficulty in finding jobs or starting a practice that paid enough to make basic living expenses as well as repay loans. “Paying back student loans were probably delayed because millennials had other responsibilities like finishing up grad school and other bills like rent, food, and gas for their cars,” says Houth. Like the traditional adult financial responsibility of paying a mortgage, the ability to pay back student loans has become a form of “adulting” for many new attorneys.

Having an efficient, “grown-up” practice

Inefficient time management or the luxury of time-wasting seems to separate the less mature from the grown-ups. In the legal setting, there comes a time when many practitioners move from not having enough clients to finding it overwhelmingly challenging to keep track of everything going on with each client. As caseload increases, some new solos find that working from home or a coffee shop becomes increasingly difficult and would prefer (and can now afford) an actual office space. For sole practitioner Alara Chilton, “adulting” as an attorney includes examining your business systems and determining if you are implementing ones that are efficient. “For some attorneys, that may mean adding a law practice management system and/or an accounting system,” says Chilton. Other attorneys discover they need to hire someone to help rather than do everything themselves. But the business side is just one aspect of being a grown-up in the legal profession for Chilton who notes, “Adulting is not complete until you have become familiar with and are aware of your ethical obligations as an attorney.”

Meeting ethical obligations

Perhaps one of the least favorite parts of becoming an adult is no longer being able to do (or get away with doing) whatever you want due to adult obligations. As a law student or post-bar, you may have had some leeway, and working under attorney supervision were not expected to know all the rules. As an attorney, however, you now have ethical obligations. “For example, the new California Rules went into effect in November 2018 — in addition to rule revisions there are several new rules that also went into effect. Attorneys also have obligations under the State Bar Act,” Chilton says. “Ultimately, knowing your ethical obligations will result in a more rewarding and efficient practice, not to mention allow you the privilege of keeping your bar card.”

Being a responsible adult (lawyer)

Attorneys balance many duties to clients and the legal system that they may not have had previously. As one thoughtful attorney put it, “adulting” as an attorney includes keeping up to date with changes in laws and new precedent, zealously advocating for clients, maintaining client confidentiality, upholding one’s duty of candor to the tribunal, respecting all members of the legal profession, volunteering in the community and doing pro bono work, and adhering to ethical obligations under the Model Rules of Professional Conduct. In a largely self-regulated profession, attorney adulting is more than just growing up and having a job to take care of yourself. It includes taking on the grave responsibility of upholding our legal system through being competent, ethical, and diligently promoting justice for all members of society.

Christine I. Pangan is a lead attorney at the Legal Aid Society of San Diego and Co-Editor of San Diego Lawyer Magazine. Read More

Dealing with the Grind

By Kevin Hambly

So you studied diligently for the bar, passed, and now you are a new lawyer.  Now, you find yourself experiencing more anxiety and stress in the practice of law.  From a fellow new lawyer to another, here are a few of tips for managing stress.  While these tips are not exhaustive (as simple things like adequate sleep, eating, and proper exercise can also help), hopefully these tips will give you some insight on how at least one lawyer, me, manages stress. Read More

Getting Ready for Data Disaster

By Bill Kammer

This column asks more questions than provides specific answers. The recent power outage in downtown San Diego reminds us all of the hazards inherent in our dependence upon computers, the internet and the cloud. Not long ago, most lawyers had personal control over the devices and systems they used, and stored their client and critical information locally. If they had backups of that information, those backups and disaster recovery tapes were also stored locally. If we learned anything from the impact of disasters like Hurricane Katrina, your backups best not be local and should be in another time zone.

Law office devices and systems have changed dramatically since 2005. Those devices now include mobile phones and tablets in addition to our previous desktop and laptop computers. We may also have virtual assistants such as Ruby Receptionist, store critical information “in the cloud” and use cloud-based software (SaaS) such as Office 365. This dramatically changed environment suggests a need for a timely re-examination of our preservation and recovery procedures before we incur power loss, internet outages or natural disasters.

Consider first an unexpected and sustained power loss such as the recent one in San Diego. (Naturally it happened on a Friday when attorneys were cranking out last-minute filings.) Unless you are fortunate enough to have an uninterruptible power supply (UPS), all of your systems will go down and your work-in-progress may be lost. You may lose access to your phone; you will lose access to your desktop and your Wi-Fi network; and you might lose access to the internet. Your internet service provider (ISP) will probably have battery-powered backups in place, but a local power loss will take down your cable modem and your router. If your practice depends upon internet access, consider a small investment in a battery-powered backup power source that could keep your cable modem and router online so you can facilitate immediate disaster recovery.

Some will remember the world of WordPerfect, a lawyer favorite. But law offices have gradually switched to Microsoft Office in the years since. In 2005, those with the Office software suite probably had installed it on every computer in the office. Access to Office has evolved over the years, and more and more clients and law offices are now using Office 365. In fact, Microsoft now reports there are 155 million monthly active users. Software as a service has many advantages for lawyers but also presents several challenges. Our offices may now depend entirely on access to this internet-based software, and the software at times might become unavailable. Whether it’s Office 365 or some other cloud-based software, you can always use downdetector.com to determine whether there are problems at Microsoft. (You may have been one of those affected by a five-hour outage on Nov. 19, 2018: https://istheservicedown.com/problems/office-365/history.)
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