Why Yes We Can Be Friends!

Why Yes We Can Be Friends!

Stacie Rosenzweig
ABA

Almost a year ago (wow), I wrote a bit about the State Bar Car Crash Symposium Heckler, who spent some quality time during my presentation lecturing us about the fact that sometimes plaintiff’s counsel and defense counsel are friendly with one another. (He also cornered me after my presentation, which dealt broadly with dealing with emotional situations, and complained that I didn’t consult with religious authorities about breaking bad news to a client. Oh well.)

And it does happen—sometimes I do see my existing friends on the other side of the caption, and sometimes I become friends with people on the other side after the litigation is over.

PAy yOuR BiLL or YoUR FILe GeTS IT

PAy yOuR BiLL or YoUR FILe GeTS IT

Stacie Rosenzweig
FAQ

Every now and again, I’ll be blogging some answers to questions I get frequently. (I’ll be sorting these under the category, “FAQ,” and will leave the debate as to whether that should be pronounced “fack” or “eff-A-cue” to a later date.)

One question I get frequently enough that I have the State Bar Ethics Committee opinion number* memorized, so we’ll tackle it first: “My former client has a big outstanding balance and now wants a copy of their file. Can I hold their file until they pay up?”

It's Just A Matter of Time, But Time Matters

It's Just A Matter of Time, But Time Matters

Stacie Rosenzweig
Current Events, Wisconsin

We all procrastinate. Even you—yes you, with your wall calendar and your daily planner in your briefcase and your Outlook calendar synched to your phone and Siri shouting reminders at you weeks, days, hours, and minutes before each important deadline. It’s part of the human condition, and not dependent on time management skills. Most of us know how to manage our time; we just don’t follow through. Lawyers do it for more than an hour a day.

On Lawyering, And Snark Blogging, When The World Is On Fire

On Lawyering, And Snark Blogging, When The World Is On Fire

Stacie Rosenzweig
Personal, Well Being

I have been derelict in updating this blog most of this summer, despite the promise to myself that I’d have fresh and exciting new content every 10-14 days and quick hits in between. Of course, when I made that promise to myself it was October 2019.

And I do have a bunch of half-written entries and prompts floating around, ranging from a February piece-in progress on the illusion of work-life balance (which, to be fair is still an illusion now, except I’m not writing about those weird feet-on-the-beach pictures or Bar events anymore) to three lines in an entry titled: “So It’s Come To This: The Ethics of Using Mail in 2020.” But it’s been hard to see things to completion and publication.

That’s because everything is hard, and it’s been hard.

"Oh I know it'll happen, but it'll never happen to me..."

"Oh I know it'll happen, but it'll never happen to me..."

Stacie Rosenzweig
National

When I talk to lawyers about scams, any kind of scams, most respond somewhat defensively. “How could anyone possibly fall for that? My BS detector would have picked that up.” And yes, we know that the IRS doesn’t make robocalls requesting a credit card number; that we don’t know any royalty in Nigeria who want to wire us money; and that nobody who really needs legal help in the United States starts an email with “Hello Barrister I am in need of enlisting your aid in enforcing a loan agreement in your jurisdiction” (which is why, when versions of that email come in, we quickly delete them—you do that, right?).

The problem is, the scams are getting smarter.

It Was Probably Too Soon To Open Bars. It's Too Soon To Open Bar Exams.

It Was Probably Too Soon To Open Bars. It's Too Soon To Open Bar Exams.

Stacie Rosenzweig
ABA, Admissions, Current Events

Three years ago, aspiring 1Ls at the other 235 or so law schools in the United States started their first year and assumed they’d be sitting for the bar exam this summer, in person, in a stuffy hotel ballroom (Virginia test-takers in full court dress, no really).

Now, those same new graduates are wondering what, if anything, is going to happen, given that we are still in the middle of a raging pandemic and putting hundreds of panting, coughing, sweaty people in a room together, even six feet apart, is the opposite of social distancing.

No Comment. No, Really, No Comment.

No Comment. No, Really, No Comment.

Stacie Rosenzweig
Lawyers Behaving Badly, Best Practices

I write about lawyers behaving badly a lot (at least, not when I’m not neglecting this blog-hi everyone, I hope you’ve been well) but one thing I don’t do is comment on Wisconsin lawyers with potential or pending matters. I’ll cite published opinions regarding Wisconsin lawyers, but only in rare cases will I discuss a case in any other context (and then, onl if it’s very publicly clear that I am not their lawyer).

Boom Shakalaka! You're Suspended Shakalaka!

Boom Shakalaka! You're Suspended Shakalaka!

Stacie Rosenzweig
Lawyers Behaving Badly

In my ethics nerd friend circles, we often discuss “those cases.” “Those cases” either involve attorney discipline or judges admonishing attorneys for allegedly bad behavior outside of the disciplinary cases; they’re not of great importance or precedential value by themselves. But they act as cautionary tales and generate extra publicity and discussion (at least in my ethics nerd friend circles) because they involve some combination of vulgarity, sex, “really, you have a law license and thought this was a good idea?” and/or general silliness.

What's in a Name Law Firm, S.C.

What's in a Name Law Firm, S.C.

Stacie Rosenzweig
National

There’s been a bit of a discussion on #legalethicsTwitter (yes it’s a thing) about what lawyers are allowed to call themselves, professionally.

I was surprised to learn that in Texas, lawyers are not allowed to use trade names for their law firms. They can use their own names and those of active, retired, or deceased partners, and can use entity designations such as “LLC.” Married women can use their maiden names (gee thanks for expressly enumerating that, Texas).

In Case of Emergency, Break Everything

In Case of Emergency, Break Everything

Stacie Rosenzweig
Law Practice, Well Being, Going Viral

I routinely counsel others on how to prepare for emergencies we don’t like to talk about—our ethical duties to our clients continue even if we become disabled, or die (though Wisconsin’s Office of Lawyer Regulation does not routinely prosecute violations posthumously, and we can be grateful for those small favors). I’ve handled more than one call from someone who ended up in the no-good-deed-goes-unpunished scenario of having a bunch of files dumped in their office from a grieving and panicked spouse with little more than a “now what?”

Working from Home, or Homely Working, Amirite?

Working from Home, or Homely Working, Amirite?

Stacie Rosenzweig
My weird brain, Current Events

Pop culture makes it seem like lawyers are constantly in court, or at the very least, catching up with our attorney friends while briskly walking down courthouse steps. It really looks more like the graphic accompanying this blog entry, but with a coffee cup balanced precariously in there (and in my case, more paper despite being promised a paperless office by the year 2000, a comfortable new office chair just sitting in the box, taunting me while waiting to be assembled, and a room in dire need of new paint).

All of this tech means that most of my job, like most of most lawyers’ jobs, can be done from home.

Dispatch From Day Five of "Social Distancing," Not That I'm Counting or Anything

Dispatch From Day Five of "Social Distancing," Not That I'm Counting or Anything

Stacie Rosenzweig
Best Practices, Current Events

First, I will caveat this with, dammit Jim, I’m a lawyer, not a doctor or an economist, so I’m not going to make any predictions or grand pronouncements, except, please be safe and careful and wash your hands (you can use this handy procrastination tool to make posters for your bathroom mirror). Take this seriously. We are in exceedingly uncharted territory.

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