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Tuesday, September 2, 2014

Article on Drafting Attorneys and Litigation Attorneys Need to Collaborate

Originally published by Gerry W. Beyer .

Michael Sneeringer (Law Offices of Nelson & Nelson, P.A.) recently published an article entitled, Drafting Attorneys and Litigation Attorneys Need to Collaborate. Provided below is the introduction of the article. Solo practitioners and smaller law firms practicing trusts and estates…

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December 2001 – The Whole Enchilada

Originally published by State Bar of Texas .

From Stephen White of Austin, this excerpt from a disciplinary hearing before the Texas Board of Medical Examiners heard by Administrative Judge Ann Landeros.

Q. And do you have your office space within this 1.4-mile area?

A. I do not.

Q. And some physicians do and some physicians don’t?

A. Correct.

Q. But having — based upon your experience at the various hospitals, do all of the ophthalmologists who have — who are — have a special training or such specialty in guacamole —

THE COURT: You want a motion to strike?

MR. PICKENS: Move to strike guacamole and insert enchilada.

Q. (By Mr. Pickens) Let’s get back to the situation, and we’re talking about the whole enchilada here or tortilla here, it looks like on the map here. Do all of the physicians who have subspecialty training in glaucoma have privileges in all the hospitals?

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Humorous Client Misconceptions

Originally published by Debra L. Bruce, JD, PCC. .

Clients get confused sometimes and we are all aware of how that can lead to misunderstandings. However, many of their misconceptions are quite humorous and I have compiled several of these for today’s post. Hopefully this will offer you a little break from your daily grind while you read some of their “ideas” about their […]Continue reading «Humorous Client Misconceptions»

The post Humorous Client Misconceptions appeared first on Lawyer Coach.

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Houston Legal Links 9/2

Originally published by Mary Flood .

Top legal news includes: Federal trial starts over tough Texas voter ID law; Death Row Jesus is sure to raise some eyebrows; Crude oil rides Texas’ rails with little tracking; TX Supreme Court Issues ‘Groundbreaking’ Opinion on Prior Restraint (Texas Lawbook); Nearly 100 collies seized as part of Tomball bankruptcy case; Local federal judge returns same-sex case back to state court; Security Breach at Memorial Hermann; Houston fire union president resigns, citing threats; Meet Texas Lawyer’s 2014 Winning Women (Texas Lawyer); Patent Cases Pour into East Texas Despite Data Showing District Not So Plaintiff-Friendly (Texas Lawbook); Fake deputies storm home, rob Liberty County family; New report on 2013 fire that killed four firefighters; Abbott appeals abortion ruling; Cold-case review leads to murder charge in 1995 shooting; Indigent Criminal Defense Lawyers Must Report Work Time (Texas Lawyer); 50-foot boat catches fire under Kemah Bridge; Perry says disparaging tweet unauthorized; Fikac: Perry hires belie ‘What, me worry?’ persona (Chron subsc); Possible Terror Brewing in Mexico; Hilcorp drops bid to force drilling on holdouts; Mexico’s Pemex says production to increase in 2015; Feds advance hydraulic fracturing rule; Study finds more arsenic in wells near drilling; Chron: Houston’s top companies ranked & Happy Labor Day! Houston Has More Workplace Fatalities Than Other Texas Cities.

For the water cooler: Lawyer is accused of persuading client to invest $120K in his cat litter box invention; ALS Association withdraws controversial applications to trademark ‘ice bucket challenge’; Lawyer who judge slammed for dressing ‘like something out of Harry Potter’ expresses shock at ‘unwarranted attack’; The Best Law Firms To Work For: Midlevel Associates Speak; Questioning jurisdiction, state supreme court finds Google does not have to reveal blogger’s ID; Determining driver impairment with marijuana involves imperfect science, says law enforcement; Proskauer, Greenberg Removed From Lawsuit (Law.com); TSA: Timely Sword Advice & NY Shield Law Protects Author From Divorce Case Subpoena (Law.com).

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"The Trouble with Amicus Facts"

Originally published by John Steele .

We covered this article six months ago, but given that the New York Times has just gotten around to writing about it, I figure it’s time for a re-post. It’s by Allie Orr Larsen. Abstract: The number of amicus curiae…

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Spin Sucks-Communications Tips for the Compliance Professional

Originally published by tfoxlaw .

One of my favorite social media acquaintances is Gini Dietrich, the founder and Chief Executive Officer (CEO) of Arment Dietrich Inc. Not only does she bring one of the freshest voices to what might arguably be called ‘one of the world’s oldest professions’, that being Public Relations (PR) (she identified a 1800 BCE PR campaign), she is a top notch cyclist and an über Chicago Bears fan. Earlier this year she released her book Spin Sucks. While the book is obviously aimed at the PR, it provides a wealth of information, which the compliance professional can also use.

As you might guess from the title of the book, Gini believes that if you “Lie or spin the truth you will be found out,” and that folks will “take you to task” for doing so. More than just your reputation will suffer; you will lose the ability to have credibility going forward. Her thesis is that today, “while media strategy is an important part of a communications program, there are many other tactics used in a cohesive strategy: content, email marketing, social media, crisis and reputation management, events, social advertising, investor relations, lobbying, regulatory work, and more.” That sounds like a good prescription for a compliance practitioner to consider in the communication function of a best practices compliance program.

The book is broken down into 10 chapters and for the compliance professional, I want to focus on Chapter 7 – Your Customers Control the Brand. Here Dietrich focuses on a company’s customers because they, in many ways, hold or control the brand. And, as a company, your brand is really all you have. I think this is very true for the compliance practitioner and is not something which is discussed or recognized enough of the time. Dietrich provides seven points that she believes can help shape the perception of your brand. I have adapted them for the compliance professional.

Be Vigilant. Dietrich says this issue warrants “Not just repeating your brand message over and over again, but in monitoring and listening to conversations happening online about you.” While a company may not have as many employees communicating about the compliance function online, the point is nonetheless well taken. You should listen to concerns about your compliance program. Listen through the hotline, at training sessions and any other time you get the chance. I like the way Gini puts it, “Harness that information [and] be vigilant about paying attention”.

Be Honest. Yes your mother, and Gini’s mother, was right, Honesty is the Best Policy. Dietrich says, “Keep people updated. Communicate the ups and downs. When you’re honest about the issues, challenges, or concerns, there isn’t a story to tell. It might be painful at first, but the pain won’t last as long as it would if you lie or attempt to sweep the problem under the rug.” Think about General Motors and its attempts to hide the ignition switch problems, where would the company be if it had been honest about the problem?

Be Open. Dietrich nails the issue on this point when she start off, “This one is so hard. It’s difficult for human beings to keep open minds about many things.” As a lawyer, I would say that can be exponentially true for my juris docum But at the end of the day, the compliance program is not the legal department; it is a function designed to prevent, detect and remediate problems, not just to say NO. Paraphrasing Dietrich, if you show a willingness to talk about issues, and even change your policies based on feedback, you’ll create the most loyal employees.

Be Active. Here Dietrich focuses not on the busy work of being on all types of social media but using such mechanisms to engage your customer base. For the compliance professional first and foremost is to get out of the corporate office and into the field. Let people meet you, get to know you and listen to their concerns. Incorporate their ideas and feedback into your compliance program going forward.

Be Consistent. Gini talks about consistency in messaging because “if you aren’t consistent, how can you expect your customers to know who you are?” For the compliance professional, I would submit that this prong anticipates issues broader than simply communications. I often discuss the Fair Process Doctrine and how that is so important in administering your compliance program. One of the keys to this doctrine is consistency. The consistency of your actions should follow the consistency of your message.

Be Creative. I often say that lawyers and compliance professionals are only limited by their imaginations. This is certainly true in the field of media relations. Here Dietrich suggests tackling a problem head on. In the compliance arena it might mean using a compliance misstep as a lesson learned. For instance, after the Walmart corruption scandal was broken in the New York Times, many companies incorporated the examples that arose of what is and, more importantly, what is not a facilitation payment into their training.

Be Proud. Dietrich states, “Once you figure out your vision-what you want to achieve, who you want to be when you grow up-post it everywhere.” She suggests several mechanisms to make employees proud of your brand and I would submit that you could also do this in the compliance arena. You can create plaques or recognition awards for employees who shine through in compliance. She ends this section with the following, “Be proud of what you are doing and don’t be afraid to tell the world about it.” This is another message that I do not think gets enough play by compliance professionals. We bring real value to our companies and our work is something to be proud of. It should be celebrated.

Dietrich writes in a conversational style that is easy to read and digest. I found her book had some great pointers about communication, which could be very helpful to the compliance practitioner, in addition to the media relation specialist. You can purchase a copy by clicking here.

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at tfox@tfoxlaw.com.

Filed under: Arment Dietrich, Best Practices, Compliance, Compliance and Ethics, compliance programs, Gini Dietrich, Spin Sucks Tagged: best practices, compliance, compliance programs, ethical leadership, ethics, ethics and compliance, Spin Sucks

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Friday, August 29, 2014

Top 10 From Texas Bar Today: Twitter, Violence, and Pomegranates

Originally published by Joanna Herzik .

From posts about weird transactions at Wal-Mart to Q&A’s with comic book writers, Texas Bar Today curates Texas law blogs and provides readers with practical, engaging, and oftentimes humorous content. To highlight some of the posts that stand out from the crowd, the editors of Texas Bar Today have created a list from the week’s blog posts of the top ten based on subject matter, writing style, headline, and imagery. We hope you enjoy the first installment.

10. Ninth Circuit Holds FedEx Drivers are Employees, Not Independent Contractors