Meet Fidu, our 2023 Clio Integration Award Winner for Best Practice of Law App! 

Fidu propels law firms into the future, helping them transition from an hourly billing structure to a subscription-based model. It enables legal teams to scale from providing one-to-one services to a more efficient one-to-many approach; revolutionizing the legal experience by bringing an end to the billable hour for good. 

To learn a bit more about Fidu, we connected with Kimberly Bennett, Co-Founder + CEO of the company. It was a pleasure to hear about the amazing work Fidu is doing to transform the legal industry.

Clio: Thank you for connecting with us! Could you tell us a bit about what Fidu does?

Kimberly: Fidu is the best-in-class client experience platform empowering solo and small firms’ transition from hourly billing to subscription legal services, fundamentally changing how their services are sold, delivered, and scaled. Combining streamlined communications, client project management, and extensive automation, Fidu helps solo and small law firms deliver continuous value to their clients without working continuous hours.

Clio: What inspired the creation of this company?

Kimberly: In the legal industry, the constraints of hourly billing have long been a challenge. Because of this, I spent a decade designing and running a subscription law firm focused on creating a better way to deliver services to my clients without burning out. And, after years of learning (and failing a lot), I grew my practice and developed a framework to teach others how to design a subscription practice. 

During this time, Blaine Korte, with his extensive tech and legal tech background, started Fidu with an emphasis on document automation. When our paths converged at ClioCon 2020, we saw not just an opportunity, but a duty to collaborate. At that moment, the Fidu you know today was born. Together, we’re reimagining the legal business model, driven by a shared vision: increased accessibility, enhanced efficiency, and the elevated well-being of our peers. And this is just the beginning; our ultimate aim is to eradicate hourly billing from the legal industry, once and for all.

Clio: Can you tell us a story or two of customers who you’ve seen benefit from your tool?

Kimberly: Time and again, we’ve heard: “We couldn’t have done this without Fidu”.

One customer utilized Fidu to launch a subscription service, and within weeks, it was fully operational. Their success was so remarkable that they are expanding their team, winning industry accolades, and even securing speaking roles.

Another customer, inundated by client communications, utilized Fidu to reduce one-on-one communications by 90%. This efficiency allowed her to realize her vision of a comprehensive legal service, blending education, instant reports, and expertise for an enhanced client experience.

Clio: How does it feel to hear stories of customers benefiting from your tool?

Kimberly: Hearing our customers thrive with Fidu is both humbling and exhilarating. We believe in the transformative power of the subscription model and its ability to revolutionize how law firms operate. Fidu encapsulates over a decade of my experiences and lessons, all integrated into a platform for all solo and small law firms to help them thrive. The legal industry is evolving with progressive minds embracing Fidu and discarding outdated billing practices. We’re at the forefront of this change, and the future is thrilling.

Clio: What are the three most important things for our audience to know about what Fidu offers?

Kimberly: With our deep Clio integration, Fidu helps solo and small law firms:

1. Scale the Delivery of Subscription and Flat Fee Legal Services: Fidu helps law firms transition from the traditional hourly billing model to a more predictable and efficient subscription-based model, enabling them to serve clients efficiently, grow their revenue, and reclaim their time.
2. Leverage the Power of On-Demand Legal Resources with AI: With Fidu, law firms have a systematized, streamlined, and automated platform to share their curated, on-demand legal resources and education with their clients when their clients need it. And—with the addition of Fidu AI—legal teams can optimize their reviews and offer consistent, quick feedback, leveraging the power of artificial intelligence to collaboratively move work forward.
3. Promote Creativity and Accessibility: By reimagining how legal services are delivered, Fidu promotes an environment where creativity and curiosity flourish. The platform works to narrow the justice gap, aiming for a more accessible and fulfilling legal experience for everyone.

Clio: How do you feel about winning an integration award?

Kimberly: Winning the integration award is an amazing honor that echoes our collective vision with Clio to revolutionize the legal industry for all. Addressing pressing issues—such as the 77% access to justice gap—we have a shared aim to: dismantle old norms, champion progressive and disruptive changes, and design client-centric law firms. Our journey with Clio epitomizes the power of integrated legal tech platforms. From our debut at ClioCon 2021, highlighted by our Launch//Code win, our integration with Clio has been instrumental in refining our platform, attracting new customers, and furthering our mission. This achievement not only celebrates our hard work but also reinforces our commitment to pushing the boundaries of legal tech.

Clio: What are your plans for the future of Fidu?

Kimberly: We have big plans for the future of Fidu. We are just getting started. Today, we are launching Fidu AI. In the near future, we’ll unveil enhanced AI capabilities, a new version of the platform, and new features focused on leveling up how law firms deliver subscription and flat fee services.

Additionally, we are exploring deeper integration opportunities, partnerships, and collaborations to further enhance the capabilities of Fidu. Our primary focus remains the well-being and growth of legal professionals, ensuring that they not only serve their clients efficiently but also amplify their own wellbeing.

Clio: Anything else you would like to add?

Kimberly: As we stand in the midst of a legal revolution, Fidu is more than just a tool—it’s a movement toward a more equitable, efficient, and accessible legal industry. Our deep integration with Clio is only the beginning. We invite forward-thinking legal professionals to grab their trial and join us on this transformative journey. And, if you are an individual interested in learning more about the future of the platform, let’s connect! The promise of Fidu extends beyond technology; it’s about redefining how we perceive and practice law—period.

Learn more about how Fidu and Clio can help your law firm succeed!

Meet Hona, our 2023 Clio Integration Award Winner for Best Business of Law App!

Hona is building one central hub for all client interactions. It’s software automatically educates and updates clients, letting lawyers spend time winning their case while giving clients an experience that makes firms stand out.

To learn more about Hona, we spoke with Matt McClellan, Hona’s COO. It was exciting to hear about the work Hona is doing and the impact it is having on legal professionals.

Clio: Thank you for connecting with us! Could you tell us a bit about what Hona does?

Matt: Hona offers client-updating software that is purpose-built for law firms. Integrated directly with Clio, Hona allows you to automate client updates, empower clients with a user-friendly portal, educate on case progression, send mass messages, auto-request reviews, and more. Hona helps you set your law firm apart by offering a truly engaging client experience.

Clio: What inspired the creation of the company?

Matt: Hona came to be because the spouse of one of our co-founders, Manny Griffiths, was in a car accident. After hiring an attorney and going through a 2.5 year long personal injury case, Manny noticed a big gap in what the client experience was (mainly around communication) and wanted to improve that experience.

Clio: Can you tell us a story or two of customers who you’ve seen benefit from Hona?

Matt: One client, a large bankruptcy firm out of Texas with 4,500 active cases at any given time, uses Hona to give their clients a white glove experience, while also cutting down on inbound client calls.

This firm has reported that their employees, on average, are saving five hours each per week, just from saving time on redundant client communication.

Clio: How does it feel to hear stories of customers benefiting from Hona?

Matt: Short answer, incredible. Longer answer, when building a new software tool you usually start with a pain point that you are trying to alleviate. Ours was actually helping a law firm’s client not feel lost during the course of their case. We hear these stories all of the time, but something we didn’t expect was just how much it changes the day-to-day lives of our law firm clients as well. It feels amazing.

Clio: What are the three most important things for our audience to know about what this tool offers?

Matt: Hona does three main things:

1. Streamlines workflows and improves back office efficiency.
2. Delivers the optimal client experience to clients.
3. Improves client communication and efficiency.

Clio: How do you feel about winning an integration award?

Matt: It is an honor to have been chosen as the best business of law application. There are a lot of incredible integrations with Clio, so this award means a lot to our entire team.

Clio: What are your plans for the future of Hona?

Matt: At Hona, we will continue to innovate to enable the optimal client experience for all law firm clients. We look at it from this angle, because it encompasses improving law firm efficiency, alongside also increasing new business for law firms through happy clients.

Anything else you would like to add?

Matt: We are incredibly excited to get more and more involved with the Clio ecosystem. Learn more about how Hona and Clio can help your law firm succeed!

Meet MotaWord, our 2023 Clio Integration Award Winner for Best New App!

MotaWord helps lawyers navigate the needs of a global legal industry who are dealing with documents in various languages, and tight deadlines. It provides seamless, high-quality, and cost-effective translation services for law firms, ensuring that all translations maintain the original document’s intent, tone, and legal nuances.

To learn more about MotaWord, we spoke with Evren Ay, Founder of the company. We enjoyed hearing about the work MotaWord is doing and about its innovative approach to transforming the legal industry.

Clio: Thank you for connecting with us! Could you tell us a bit about what MotaWord does?

Evren: MotaWord is a global translation platform that specializes in the rapid, cost-effective and certified translation of all types of documents, as well as the localization of software, websites, and apps.

Clio: What inspired the creation of MotaWord?

Evren: The ‘agency’ model for accessing high-quality, on-demand translation services was riddled with inefficiencies, redundancies, and cumbersome processes reliant on human intervention, making it slow, costly, and prone to errors. We created MotaWord, a cloud-based platform that integrates smart models for quote generation, order automation, and AI-driven process management. This platform is always accessible and offers translation services that are 20 times faster and 60% less expensive than traditional translation agencies, catering to any type of translation job, 24/7.

Clio: Can you tell us a story or two of customers who you’ve seen benefit from MotaWord?

Evren: We count numerous corporate clients among those who find immense value in MotaWord, viewing it as a gateway to dependable translation services. 

Iron Mountain, for example, turns to MotaWord for on-demand translations to cater to their global employees and clientele. Envoy Global trusts MotaWord as a crucial partner for translating their clients’ documents in immigration cases. Even Istanbul Airport—the largest in Europe and the seventh busiest worldwide—depends on MotaWord for translations in 10 languages for their websites and operations. 

However, beyond these corporate partnerships, what we cherish most is our daily service to hundreds of individual clients. These individuals often face steep prices and accessibility challenges stemming from the traditional agency model of translation services. MotaWord empowers them with immediate access to top-tier translations, free from minimum charges, and with swift turnaround times, benefitting thousands monthly.

Clio: How does it feel to hear stories of customers benefiting from MotaWord?

Evren: Every success story from clients, be it major businesses or individuals, fills us with pride and purpose. It’s especially heartwarming to know we’re addressing real challenges faced by those burdened by traditional agency models. We’re profoundly grateful on two fronts: firstly, to our clients for their trust, and secondly, to our community of over 26,000 global translators. Not only do we provide them with a revenue stream, but we also offer intriguing projects that enrich their professional journey using state of the art tools to aid in their craft.

Clio: What are the three most important things for our audience to know about what MotaWord offers?

Evren: Speed & Accessibility: MotaWord offers on-demand, high-quality translation services that are instantly accessible. With no minimum charges and swift turnaround times, clients can receive translations whenever they need them, be it for business operations or individual requirements.

Affordability: Unlike traditional translation agencies that may impose high fees, MotaWord is structured to be cost-effective. This makes high-quality translations more accessible, especially for individuals who might be particularly sensitive to pricing.

Diverse Expertise: MotaWord’s vast community of over 26,000 global translators ensures that clients not only benefit from a wide array of language options but also specialized expertise for different industries, topics, and project types.

Clio: How do you feel about winning an integration award?

Evren: Winning an integration award for MotaWord is a profound honor and a testament to our team’s dedication to innovation and excellence. It reaffirms our commitment to bridging linguistic barriers and offering seamless experiences for both our clients and our vast community of translators. Each recognition serves as motivation to continue refining our platform, ensuring that we remain at the forefront of accessible, efficient, and high-quality translation services.

Clio: What are your plans for the future of MotaWord?

Evren: As we look to the future of MotaWord, our primary objective remains unwavering: to revolutionize the translation industry by continually improving the efficiency, accessibility, and quality of our services. We aim to integrate even more advanced AI technologies to complement our global network of translators, ensuring faster turnaround times while maintaining the highest standards of accuracy. Furthermore, we’re exploring partnerships with educational institutions and businesses to extend our reach and impact. With the feedback of our invaluable community of over 26,000 translators and our diverse clientele, we’re excited to embark on new ventures and innovations to solidify MotaWord’s position as the premier choice for translation services.

Clio: Anything else you would like to add?

Evren: Thank you to Clio for recognizing us as a valuable partner.

Learn more about how MotaWord and Clio can help your law firm succeed!

When it comes to payments, is your firm giving clients the flexibility they desire and deserve? Electronic payments are essential if you want to provide an excellent client experience while increasing your firm’s efficiency and revenue.

The way that people want to pay for things—from everyday items to legal services—has shifted. In fact, according to the 2021 Legal Trends Report, the majority of consumers prefer electronic payment methods, with online payments being consumers’ top choice (66%), followed by automated payments (61%) and payments via mobile apps (61%).

While law firms may have been resistant to accepting online or electronic payments in the past, technology has changed the game. Today’s legal technology offers solutions that make electronic payments secure and convenient while helping firms meet their compliance and ethical obligations.

In the following post, we’re sharing the essentials of electronic payments for modern law firms. From the potential benefits to your law firm and your clients to tips on how to stay compliant while accepting online payments, we’ll break down what you need to know about electronic payments.

Electronic payments can take many forms. Many consumers now expect to use electronic methods of payment all kinds of products and services in their lives. This expectation includes legal services.

Common electronic payments methods

Some of the common methods of electronic payments offered by law firms include:

• Online debit and credit card payments. Clients are used to the convenience and flexibility of paying for goods and services online via their debit or credit cards. With the help of a secure online payment processing platform like Clio Payments, law firms can easily accept debit and credit card payments from clients. 
• ACH payments. ACH payments are a type of secure electronic funds transfer where money is sent from one bank to another bank via the Automated Clearing House (ACH) network. 
• eCheck payments. As one of the most common types of ACH payments, an electronic check (or “eCheck”) is a digital version of a traditional paper check. eChecks contain the same details that a paper check would (like the payer’s account number and the payment amount), but eChecks capture and transmit the data electronically from the payer’s bank account to a merchant’s bank account. This type of electronic payment is simple, fast, and more convenient than paper checks (while also giving the benefit of lower fees than credit card payments).
• Scheduled payments. Similar to payment plans, scheduled payments are a type of recurring payment. With this type of electronic payment, law firms and clients agree on a payment amount and frequency that works for all parties. By giving clients the option to break down their bills into manageable installments, scheduled payments make it easier and more convenient for clients to pay. 

Are electronic payments good for law firms?

Electronic payments can unlock numerous benefits for law firms—and clients. 

When done right, offering electronic and online payments gives clients a better experience while simultaneously streamlining processes and boosting revenue at your firm.

Below, we’ll walk through some of the key ways electronic payments can benefit law firms. Specifically, offering electronic payments can help your firm:

Increase revenue

While growing your law firm can be complex, the overall revenue advantages of accepting online payments are fairly straightforward. When your firm gets paid, it brings in revenue. When your firm gets paid faster, you bring in that revenue faster while saving time on follow-ups and streamlining the collections process. 

There are a number of factors that may contribute to the revenue-boosting benefits of electronic payments, including:

• Convenience for clients. When clients can pay with the click of a button, they’re more likely to pay their bills quickly. When paying is more convenient, and clients pay faster, your firm spends less time waiting for or following up on outstanding payments. 
• Quicker payment processing. Even if a client pays their bill the second they receive it, electronic payments make the process even faster. When you send out an invoice electronically through a legal payment solution, your client receives it right away. Then, if your client pays online, your firm will receive the payment quicker than if you had to wait for your client to mail a check and for your firm to receive it and manually deposit it.
• The flexibility of choice. For some clients, it may not be possible to pay a legal bill all at once via traditional methods (for example, a client paying by debit card may be limited by a daily spending limit). By offering multiple electronic and online payment methods, clients can easily find a payment method that works for them. They may also be able to break large bills into more manageable installments over time, which means your firm will get paid in increments.

Get paid faster 

So, when your firm gets paid faster, you bring in more revenue. Giving your clients the option to pay electronically can speed up how fast your firm gets paid.

Research reported in the 2019 Legal Trends Report supports this point. The report found that accepting online payments allowed for faster collections, with:

• 57% of electronic payments getting paid on the same day they are billed, and 
• 85% getting paid within a week.

As previously mentioned, one of the key advantages of accepting electronic payments is speed. When you accept payments online, you can send bills instantly, and then clients can pay you right away.

For Todd Ver Weire of the Law Office of W. Todd Ver Weire, for example, offering online payments to clients via Clio Payments streamlines the collections process, which in turn helps improve cash flow.

Todd says:

“Getting the cash in the door has been a big benefit of taking the online payments—it makes it easier, smoother, and I don’t have to worry about the cash flow from that perspective.”

Improve the client experience

Today’s legal clients have many options to choose from, so it’s key for law firms to take a client-centered approach and think about what their clients want. 

By offering the option of electronic payments, you deliver a better client experience by:

• Letting clients pay in the way that they’re used to. Most consumers are already used to and comfortable with paying for things using electronic methods like online credit card payments. By letting clients pay the way they want to 
• Giving clients payment flexibility. Legal bills can be expensive, and it’s not always easy for clients to pay via cash or check. Offering multiple payment options, including electronic payments, gives clients the flexibility to choose the payment method that works best for them. Additionally, with online payments, you may offer additional payment flexibility for clients through payment plans or scheduled payment installments that allow clients to make regular payments over a set period of time.

In addition to making the client experience smoother and more convenient for your existing clients, accepting electronic payments may also help attract prospective clients. According to the 2019 Legal Trends Report, for example, 50% of clients are more likely to hire a lawyer who takes electronic payments, and 47% are more likely to hire a lawyer who accepts automated payments or fund transfers. 

On the other hand, not accepting electronic payments in a world where electronic payments are the norm for all kinds of businesses may make your firm less attractive to potential clients. In fact, the 2019 Legal Trends Report found that 40% of clients said they would never hire a lawyer who didn’t take credit or debit cards.

Reduce non-billable hours

With lawyers spending an average of only 2.6 hours in each eight-hour workday on billable work, according to the 2022 Legal Trends Report, the opportunity to save time on non-billable tasks is an important benefit of electronic payments for law firms. 

When using a legal payment solution to offer electronic payment options to clients, you can streamline your firm’s billing and collections processes in multiple ways, including:

• Generating electronic invoices. By using an online legal payments solution to track time, create invoices, and send them to clients in just a few clicks, you save time on non-billable tasks before your client even sees their invoice.
• Accepting payments in an instant. When you accept electronic payments online, clients can pay their bills as soon as they receive them—so you spend less time following up.
• Enabling passive bill collection. When your clients can pay electronically (for example, by debit card, credit card, or eCheck), you eliminate the need to spend time manually processing payments.
• Offering automated payment plans. Electronic payments solutions make it easy to offer automated payment plans. This means it’s easier for clients to pay you when they can, and you don’t lose time chasing payments.
• Managing payments online. When you use a payments solution like Clio Payments that’s integrated with your legal practice management software to accept electronic payments, those payments are automatically associated with your client’s invoice and sync to your accounting platform. This means less time spent on repetitive tasks and less risk of manual data entry errors. 

Make data-driven decisions 

Using an online payments solution integrated with your legal practice management software also makes it easier for you to track payments and stay on top of your law firm’s transactions and financial performance. Thus, you can make informed data-driven business decisions for your firm while spending less time manually sourcing payments data. 

Clio Payments, for example, offers financial reports, instant payment notifications, and a view of any outstanding balances so that you can get real-time insights into your firm’s finances. This information allows you to identify what’s bringing in the most (and least) revenue at your firm. 

Close the access to justice gap

Most people aren’t saving up for a lawyer just in case they need one in the future, and not everyone has the means to settle a large legal bill all at once—which can make the prospect of paying to hire a lawyer a serious challenge. 

This challenge is especially notable considering how tight budgets are for many people, with a recent survey from The Federal Reserve reporting that 37% of Americans don’t have the money to cover a $400 emergency expense. 

With this in mind, it’s easy to see how legal services can be inaccessible for many potential legal clients. For example, the 2020 Legal Trends Report found that 61% of respondents said they cannot afford to deal with a legal problem. However, when people can’t afford necessary legal services, it can have a critical impact on many aspects of a person’s employment, home, family, and life in general.

Offering ways to make it easier to pay for legal services—such as electronic payments—can help close the gap and make your services more accessible and affordable. 

For example, when you use a legal payment solution to accept payments online and offer payment plans, clients who may not have the cash on hand for a large, one-time payment may be able to better afford legal assistance. 

As the 2022 Legal Trends Report notes, having a range of options for payments makes a difference for many consumers. Specifically:

• 70% want the option to pay their lawyer via a payment plan
• 65% want the option of legal insurance
• 53% want the chance to crowdfund their legal bills

By giving clients more flexible payment options via electronic payments, you help increase the chance that they’ll be able to afford to deal with pressing legal problems when they need help.

Are online payments secure?

While there are many benefits to accepting electronic payments for law firms and clients, you must, of course, ensure that you use a system that can keep your clients’ financial information safe and secure. You are, after all, responsible for processing electronic payments securely in a way that protects your clients from threats like identity theft and fraud.

With this in mind, it’s essential that you choose an online payment system carefully with security in mind. When choosing a payment system software for your firm, ask questions like:

• What security measures does it use?
• Does it use encryption for fund transfers while in transit? 
• Does it help you remain compliant with your jurisdiction’s regulations?
• Is it Payment Card Industry (PCI) compliant? 

The right payment software makes keeping compliant and secure when accepting online payments easier. 

For law firms using Clio Manage, for example, the software takes on most of the work needed to reach the above PCI goals by building and maintaining a secure network that protects cardholder data. When this is paired with Clio’s security and strong access authentication features (via user management), Clio makes it easier for your firm to meet PCI obligations. 

You can read more about data security for law firms in our guide here.

How do I stay compliant with my ethical obligations when accepting online payments?

Clients can pay their legal bills quickly and easily, and law firms can receive prompt payments through electronic methods such as ACH payments, eChecks, and online debit and credit card payments.

However, as with any element of practicing law, it’s essential that you understand legal payment processing and online payments before implementing them at your firm. Accepting electronic payments requires careful consideration of your ethical obligations and regulatory requirements that apply in your jurisdiction. 

While it’s important to always research and abide by the requirements that apply to your specific situation, there are certain factors to consider to help you stay compliant while accepting online payments.

Trust accounting and IOLTA rules

Not all electronic payment solutions are the same, and—for law firms specifically—using a non-legal payment solution may put your firm at risk, especially when it comes to trust accounting and interest on lawyers’ trust accounts (IOLTA) accounts.

In order to stay compliant with your ethical and legal obligations, you must follow specific rules, including taking steps to:

• Maintain accurate records.
• Keep account funds (like the trust account fund and matter fund) separate.
• Ensure credit card payments are correctly deposited (and that fees aren’t debited from a trust account).
• Avoid moving unearned funds from a trust account to an operating account.
• Check that you meet your jurisdiction’s requirements (for example, you may be required to have a trust account with an approved financial institution). 

In addition, it’s imperative that you use a payments solution that is built for lawyers and can ensure compliance when handling transactions according to trust accounting and IOLTA rules. For example, in order to help you stay compliant, law firm payment systems should not allow chargebacks on trust accounts and should not take fees from trust accounts. 

Clio Payments, for example, ensures separate operating and trust accounts. Clio Payments also only deducts processing fees from your operating account, so you don’t have to worry about accidentally having an ethics violation due to your payments system.

“A big thing with lawyers is trust accounting and making sure refunds don’t come out of the trust account—they come out of the operating account, and fees come out of the operating account,” Todd Ver Weire adds on the subject of compliance with trust accounting rules. “Clio walked me through how all of that works.”

Ethical opinions on taking credit cards

As a lawyer, it’s always essential that you consider your ethical responsibilities and abide by your state’s ethical opinions—and this includes when you’re considering accepting online payments. 

Because credit cards have multiple flexible uses (and not every state ethics committee has equally addressed the issues surrounding this flexibility), for example, it’s important for law firms to consider any ethical questions surrounding online payments before accepting them.

As outlined in our guide, Everything You Need to Know About Legal Payment Processing Solutions, four general ethical questions surrounding online payments, specifically credit cards, that law firms should consider include: 

1. Can I accept payment for legal fees and expenses via a credit card? 
2. Can I accept the advance payment of fees via a credit card? 
3. Can I pass a surcharge to my client to compensate for the processing fees charged by some credit card processors? 
4. Can I set up recurring charges to customers once they have stored a credit card on file with my law firm? 

Of course, in order to ensure you meet your obligations, check your state’s ethical opinions on credit card payments. 

Final notes on electronic payments for law firms

The way that we all pay for things has changed. It’s in the best interest of your modern law firm—and your clients—to ensure you’re keeping up. Offering electronic payments improves your clients’ experience by making it easier and more convenient to pay your firm. As a bonus, your firm can save time on manual collection tasks while bringing in more revenue more quickly.

While it’s important that you take steps to ensure your clients’ financial data stays secure and that you meet your ethical responsibilities and stay compliant with trust accounting rules if you’re accepting electronic payments, the right payments solution can help. 

Part of Clio Manage, Clio Payments offers a built-in online payments solution that makes it easy for your firm to accept electronic payments via credit, debit, or eCheck, or to set up automated payment plans. To see how Clio Payments works, you can explore via a Self-Guided Tour here.

Want to try Clio for free? Sign up for a free trial of Clio.

Want to learn more about legal payment processing solutions? Download our free guide, Everything You Need to Know About Legal Payment Processing Solutions.

If you’re thinking about pursuing a career in law, you’ll find an incredibly promising job outlook awaits. Lawyer employment is expected to grow an impressive 8% in the next decade—which is faster than the average rate for all occupations. Law is also an incredibly diverse field, which means you won’t have any trouble finding a practice area that aligns with your unique interests, goals, and skills.

Whether you’re an aspiring lawyer or looking to change legal practice areas, it’s helpful to know about the career paths you can take. This guide offers a snapshot of the various types of law practice, equipping you with insights that can help determine which one is right for you.

Types of law practice

There are many different types of law practice to specialize in. To help you zero in on your ideal role, we’ve provided a round-up of the different types of law practice below. We’ve also developed a practice area quiz for good measure, which can point you in the right direction based on the challenges you’re eager to tackle, the work that motivates you, and more.

Bankruptcy law

Bankruptcy law refers to the system of rules that govern the rights of debtors (people or companies facing financial insolvency) and creditors (those to whom money is owed). No matter which side you represent, you can expect to:

• Offer counsel on the bankruptcy process 
• Draft legal documents
• Prepare court filings
• Represent clients in hearings 

As you’ll be responsible for securing the best possible results for your clients, you’ll need a strategic mindset and strong negotiation skills to excel in this type of law practice.

Civil rights law

If you’re passionate about civil justice, a career in civil rights law could be for you. Civil rights law is focused on ensuring that all people receive equal and fair treatment, regardless of their race, gender, sexuality, religion, age, or other characteristics. As a civil rights lawyer, you’ll help defend individuals who have had their rights violated. Responsibilities include:

• Preparing legal documents 
• Filing lawsuits 
• Arguing cases in court

Commercial law

Commercial law is a practice area that governs legal issues related to business activities and transactions. As a commercial lawyer, you can expect to provide counsel on commercial transactions and resolve any disputes that arise. 

Typically, commercial lawyers focus on a specific industry (such as banking or technology) or a practice area (like property law or intellectual property). It’s a constantly evolving field, making it a captivating space for aspiring lawyers.

Corporate law

Corporate lawyers work on legal issues that surround owning, operating, and managing a business. For example, they:

• Advise clients on their legal rights 
• Facilitate transactions like mergers and acquisitions 
• Draft and negotiate contracts 

Corporate law is a fantastic career choice for those who want to merge the worlds of business and law—not to mention one with high earning potential. That said, a career in corporate law can come with notoriously long hours and high-stress situations. 

Learn more about becoming a corporate lawyer.

Criminal law

One of the most well-known legal practices, criminal law deals with behaviors considered harmful and dangerous to individuals or society—and prescribes legal consequences for these offenses. The work of a criminal attorney ranges from factual investigation to inspecting crime scenes and representing clients in court. Lawyers are drawn to this dramatic, fast-paced type of law practice, as they can advocate for clients who have been accused of crimes.

Learn more about becoming a criminal lawyer.

Defense law

A defense attorney represents criminal or civil defendants in legal proceedings (as opposed to advancing a claim against a party). Their ultimate goal: to reduce the likelihood of civil or criminal penalties. Naturally, defense lawyers spend a great deal of time in the courtroom, which means that communication and public speaking are vital skills in this type of law practice.

Learn more about becoming a defense lawyer.

Environmental law

From fighting climate change to preserving natural habitats, environmental lawyers play a crucial role in protecting the environment. Environmental lawyers work across settings that span from nonprofit organizations to government agencies—with duties that range from providing legal advice on sustainability issues to drafting policies. While it isn’t essential, having a science or engineering background can be advantageous.

Environmental law is a high-stakes practice area, and this can result in long hours and significant workloads. Yet, this level of responsibility and the chance to make a real difference also makes environmental law an appealing career. With a proliferation of regulations and growing awareness of the human impact on the environment, environmental lawyers are highly sought after.

Learn more about becoming an environmental lawyer.

Estate law

Estate lawyers are legal professionals who help clients manage their assets during their lifetime and create a distribution plan after their death. This includes their property, investments, vehicles, personal belongings, and savings. Many find estate law to be a rewarding career path because it offers the chance to help clients plan for their financial legacy.

When it comes to their day-to-day responsibilities, estate lawyers:

• Draft legal documents like wills and trusts 
• Mediate and resolve disputes among beneficiaries 
• Provide counsel on retirement planning 

While there aren’t any specific educational requirements, degrees in accounting, business, and finance can all be major assets for this type of law practice.Learn more about becoming an estate lawyer.

Family law

Family law deals with legal matters related to family relationships, including divorce, child support, and guardianship. The responsibilities of a family lawyer are incredibly varied. For instance, they may: 

• Offer legal advice to clients to resolve a dispute
• Prepare prenuptial agreements or other legal documents 
• Represent clients in the courtroom for cases like property settlements

Since it deals with sensitive issues surrounding family relationships, this is an emotionally demanding type of law practice. As a result, good people skills, strong communication, and an empathetic approach are a must. Although the nature of work can be difficult, many legal professionals find it to be an extremely gratifying career. After all, they can successfully guide clients through some of their biggest life changes.

Learn more about becoming a family lawyer.

Health law

From malpractice claims to insurance, health law is a type of law practice focused on the rules and regulations governing the healthcare industry. Health lawyers in this space may work on cases related to access to care, insurance coverage, or regulatory compliance. This is a highly complex area to work in—with laws and regulations changing frequently. This makes strong research skills and attention to detail important to have. 

Immigration law

Immigration law focuses on the rules and regulations around entering a country, including work visas, citizenship, and refugee claims. Among their responsibilities, immigration lawyers:

• Advise on laws and regulations 
• Represent clients in court proceedings 
• Research statutes and case 
• Prepare applications and fight appeals 

Aspiring lawyers are attracted to the field of immigration law for the chance to make a meaningful difference in someone’s life by helping them escape conflict, reunite with family members, or chase major career opportunities.

Learn more about becoming an immigration lawyer.

International law

International law defines the agreements, treaties, and practices that countries follow when interacting with each other on the world stage. Some of the issues encompassed in this type of legal practice are:

• Diplomacy 
• Trade 
• Human rights 
• Environmental justice

If you’re interested in a career in international law, it’s helpful to get your foot in the door early on. Summer internships at economic development agencies, international nonprofits, and human rights organizations can go a long way in helping you stand out. Speaking a foreign language can also be a major advantage for international lawyers—as are skills like cultural competence.

Intellectual property law

Intellectual property law protects the rights of creators and inventors, which can span from writing and music to design and beyond. There are three areas that fall under intellectual property—patent law, trademark law, and copyright law. Responsibilities range from drafting patents to enforcing trademarks in court. 

This highly stimulating type of law practice has seen tremendous growth in recent years, resulting in a heightened demand for lawyers who specialize in it. It’s also a lucrative field to be in, with an average salary of roughly $194,000, according to PayScale. 

Labor law

Labor law deals with the legal rights relating to workers and unions. Lawyers who work in labor law focus on aspects that include employment contracts, wages, and workplace safety. As labor lawyers can spend much of their time resolving disputes, it’s important to have top-notch negotiating skills.

Patent law

Patent lawyers help clients safeguard their intellectual property and navigate any legal issues surrounding it. A patent lawyer’s responsibilities can include:

• Drafting and filing patent applications 
• Conducting patent searches 
• Advising clients on the originality of their ideas 
• Defending intellectual property against infringement

Patent lawyers must have a bachelor’s degree in science or engineering, and pass the patent licensing exam to register with the United States Patent and Trademark Office.

Personal injury law

Personal injury law, also called tort law, protects the rights of individuals who have been hurt or injured due to the negligence of a person or company. Those who work in this type of law practice help clients receive compensation for harm caused by situations like automobile accidents, medical malpractice, or defamation. As personal injury lawyers are responsible for collecting evidence and building cases, it’s beneficial to have stellar investigative skills.

Real estate law

The rights, use, and transactions related to real property—which includes land and anything attached to it, fall under real estate law. Real estate lawyers can be involved in a variety of areas, such as land use planning, property disputes, and the transfer of property. Legal professionals in this type of law practice spend a significant amount of time researching and preparing legal documents, including purchase agreements and mortgage contracts.

Tax law

Tax attorneys handle the rules and regulations governing the tax process. They can work in a number of settings, such as:

•  Law firms 
• Accounting firms 
• Government agencies 
• Solo practitioners

Ultimately, their primary responsibility is to guide clients through the intricate world of tax laws and regulations.

Some ways to set yourself up for success as a tax lawyer? Attend a law school with a well-recognized tax law program, opt for tax law courses as electives, or you could even consider a Master of Laws degree in taxation.

Learn more about how to become a tax attorney.

How much do lawyers make in different practice areas?

According to the U.S. Bureau of Labor Statistics, the median annual wage for lawyers was $135,740, as of May 2022. However, the amount that lawyers make varies based on a range of factors. The type of law practice is a significant one—while a lawyer’s experience, location, and the size of a law firm all come into play as well.

If you’re interested in learning more about legal salaries, check out our articles on first year lawyer salaries and lawyer rates.

Path to becoming a lawyer

The typical path to becoming a lawyer involves obtaining a four-year bachelor’s degree, attending a three-year law school program, and passing the bar exam—to put it succinctly. In addition to this, there can be specific educational requirements based on the practice area you choose to pursue. You can read about the requirements for the many types of law practices in our comprehensive guide.

Final thoughts on types of law practices

One of the many advantages of a career in law is that there is a diversity of paths to take. From helping families navigate complex matters, to protecting the creative works of inventors, to safeguarding the environment, choice abounds for aspiring attorneys.

No matter which path you take, technology can play a vital role in your future success. The most successful lawyers are experts at using legal technology to work more effectively and deliver exceptional client service. As it often goes, the best way to hone this skill is to start early. That’s why Clio launched the Academic Access Program, which offers law and paralegal students, instructors, and legal clinics free access to our industry-leading legal practice management and client intake software.

Nick Slonosky, Supervising Lawyer at the L. Kerry Vickar Business Law Clinic at the University of Manitoba, is one legal professional who has experienced its tremendous benefits.

“Clio bridges the gap between studying law and practicing law,” he said. “We use Clio to train students to be the best lawyers of tomorrow and serve pro bono clients who cannot afford legal assistance remotely. Thank you, Clio, for everything you do to make the legal industry better.”

You can’t master contract law until you know the essentials of indemnity clauses. The indemnity clause is a vital element in many agreements, especially commercial contracts. By helping allocate risk among the contracting parties, these clauses provide more equity and risk avoidance to the contracting process.

Here we will cover the definition of an indemnity clause, its benefits, different types of indemnity clauses, and other background facts that legal professionals should understand.

What is an indemnity clause?

An indemnity clause is a contractual clause providing that one party is responsible for any losses or damages arising from a certain event or set of circumstances. In effect, the indemnity clause shifts the risk of that event occurring from the indemnified party to the indemnifying party.

Benefits of an indemnity clause

The primary benefit of an indemnity clause may be that the parties enter into a contract in the first place. The purpose of a contract is to clarify obligations and responsibilities while reducing risk. When the parties know who will be responsible for an event such as a third-party lawsuit or an injury caused by a product or service, it makes them more likely to enter into the agreement. This clarity also strengthens the business relationship between the parties.

Indemnity clauses also provide different benefits to the parties. Here some definitions are in order: The specific event or circumstance triggering indemnification is the “indemnification event” or “trigger event.”

The indemnifying party is the party agreeing to take responsibility for the indemnification event.
The indemnified party is the party being relieved of that responsibility.

For the indemnified party, the benefits are clear: The indemnity clause protects them from losses if a certain event occurs, which is especially important when that event is not the fault of the indemnified party.

Examples include:

• A general contractor being sued for a subcontractor’s faulty construction.
• A distributor being sued for a manufacturer’s defective product.

Even if the indemnifying event is only a remote possibility, the indemnified party is protecting themselves against worst-case scenarios.

The indemnifying party also benefits from an indemnity clause, in the sense that the other party is better incentivized to enter into a contractual relationship with them. In addition, if Party A indemnifies Party B for one type of event, this may be used as leverage for Party B to agree to indemnify Party A for another type of event. When both parties agree to indemnify each other with a mutual indemnity clause, as covered below, this is a clear example of indemnity working to the advantage of both parties.

Types of indemnity clauses

There are different types of indemnity clauses, with different stipulations for each. Below we’ve outlined what different indemnity clauses could look like, with examples for a contractor entering a construction contract.

Bare indemnity

A bare indemnity clause provides blanket protections against loss or liability for the indemnification event, without limits. The indemnifying party must be extremely careful about entering into a bare indemnity arrangement. The downside risk could prove to be far too high. For example, there would be no limit to the amount a contractor could owe the owner for an indemnification event under a bare indemnity clause.

Limited indemnity

Limited indemnity refers to a contractual arrangement where, unlike bare indemnity, there is some limit to the amount of losses that will be covered. A limited indemnity clause gives more downside risk protection to the indemnifying party. 

This term may also refer to a limited form or limited liability indemnity clause. In these cases, the indemnifying party is only liable for damages caused by their own negligence. 

Using the construction contractor example, the contractor would agree to indemnify the owner for damages arising from the contractor’s own fault, but not damages arising from a person or event outside the contractor’s control. Here the contractor would be liable for property damage caused by their work on the house. However, they would not be liable for a third party driving their car through the owner’s fence surrounding the construction site.

Third-party indemnity

A third-party indemnity clause aims to indemnify against damages and expenses arising from claims by third parties, as opposed to losses caused by one of the contracting parties. These claims generally arise in the form of third-party lawsuits, such as the contractor being sued for a construction defect arising from the work of a prior contractor hired by the owner.

Mutual indemnity

Mutual indemnity clauses provide that each party to the contract will cover the other party for damages or losses caused by their own negligence or wrongdoing. 

A primary example is a contract providing that each party shall indemnify the other parties for losses caused by their own breach of contract. An owner and contractor in a construction contract would also often seek mutual indemnity for construction defects or other damages. Accordingly, the owner would need to indemnify the contractor for lawsuits arising from the owner’s negligence, and the contractor would need to indemnify the owner for lawsuits arising from the contractor’s negligence.

Special note: implied indemnity

Even if your contact does not have an indemnity clause providing for a certain type of event, indemnity can still arise by operation of law. This is known as implied indemnity. 

For example, sometimes a subcontractor’s wrongdoing causes the general contractor to suffer losses. In these instances, many jurisdictions imply a right to indemnification for the general contractor from their subcontractor.

When to use an indemnity clause

Any commercial contract should include at least one indemnity clause, if not several. In fact, in many contexts, certain forms of indemnity clauses are necessary. Non-disclosure agreements and independent contractor agreements, for example, often require certain indemnity clauses every time. 

In order to avoid missing any crucial indemnity clauses, legal document automation can ensure the standard indemnity clauses are inserted in certain types of contracts.

How to write an indemnity clause

In addition to following general principles for effective contract writing, drafting an indemnity clause requires the inclusion of some essential elements and considerations.

Elements to include in an indemnity clause

An indemnity clause will necessarily include an obligation to indemnify, and this generally includes both past and future losses. This means the indemnified party is reimbursed for costs and expenses it has already paid. In addition, they must be advanced payment for their unpaid costs and expenses, such as legal claims and liabilities.

Many indemnity clauses also include an obligation to defend against third-party claims. This includes the requirement to pay for legal defense fees and expenses, including attorney fees. The indemnifying party generally maintains the right to control the legal defense against the third-party claim. This obligation applies regardless of the merits of the third-party claim. It is triggered once the claim is made—making this obligation broader than the obligation to indemnify.

Considerations for drafting indemnity clauses

Always include the scope of the indemnity in your indemnity clause. The indemnified party will generally want the indemnification event defined broadly, while the indemnifying party will want a narrow definition. So if a software developer is agreeing to indemnify the other contracting party for third-party IP infringement claims, they would want the indemnification limited to knowing cases of infringement, as opposed to infringements arising “knowingly or unknowingly.”

Also outline the maximum payment amounts (also known as liability caps) in an indemnity clause. The indemnifying party may need to include these maximums to limit their risk.

Any indemnity clause must also consider the industry in which the parties operate, as well as their business relationship. In the construction industry, indemnity clauses will tend to apply to negligent design or construction work. Commercial leases may deal with injuries occurring on business premises. Whatever the industry and context, consider the risks most likely to arise and the industry standards for assigning those risks.

Phrasing for indemnity clauses

As for the specific text of indemnity clauses, the phrase “indemnify and hold harmless” is often used as the operative wording, although “indemnify, defend, and hold harmless” is also common. A simple example: “Party A agrees to indemnify and hold harmless Party B for any loss or liability arising from [the indemnification event]”. 

For a mutual indemnity clause, the contract could state that “each party agrees to indemnify, defend, and hold harmless each other for and from any loss or liability arising from the party’s breach of the contract.”  Here the breach of contract is the indemnification event.

The phrasing for the scope of the liability is also critical. It is common to indemnify for “losses, damages, liabilities,” and other related items. It may be helpful to expressly include lawyer’s fees and expenses where applicable.

The nexus phrases are the phrases that connect the trigger event to the recoverable damages. A broad nexus phrase, advantageous to the indemnified party, would be “related to.” The indemnifying party may generally prefer narrower nexus phrases, such as “resulting from” or “caused by.”

After you decide on phrasing, there’s no need to reinvent the wheel to draft the same type of contracts later. Legal document automation can input all the necessary language in contracts, using the institutional knowledge from the firm. Cohen Family Law was able to use Lawyaw to do just that, allowing the practice to create commonly used legal documents in minutes instead of hours.

Final notes on indemnity clauses

An indemnity clause can be make-or-break when disaster arrives. For this reason, clients count on legal professionals to think through all of the potential consequences of indemnity provisions. Accordingly, be sure you are well aware of the basic principles of indemnity clauses. 

To see how legal document automation can ensure your firm consistently includes the indemnity language required in newly generated contracts, download our legal document automation guide.

Note: The information in this article applies only to U.S. practices. This post is provided for informational purposes only. It does not constitute legal, business, or accounting advice.

Is demand for legal services dropping after a solid post-pandemic recovery in 2021?

As noted in our 2023 Legal Trends for Mid-Sized Law Firms report, law firms of all sizes initially saw the demand for legal services drop during the COVID-19 pandemic. They quickly recovered—and even increased their casework beyond pre-pandemic levels—in 2021, likely due to economic recovery. However, our research observed a slowing of growth in 2022. 

Now, a recent study from Wells Fargo’s Legal Specialty Group suggests that this drop in demand for legal services is continuing through 2023. 

Below, we’ll outline the highlights from Wells Fargo’s report and how law firms can respond to a potentially slowing legal market. 

Highlights from Wells Fargo’s Legal Specialty Group Report

For its report, Wells Fargo’s Legal Specialty Group surveyed over 100 law firms, including 68 of the United States’ top 100 highest-grossing law firms. Their findings, as reported by Reuters, included the following. 

Demand for legal services has dropped

The firms surveyed reported a 1.9% drop in demand for legal services based on the number of hours lawyers billed. The top 50 highest-grossing law firms surveyed saw an even more significant drop, equating to 2.9%. 

Lawyers are billing less  

According to reports, lawyers at the top 100 firms logged 102 fewer billable hours in 2022 than in 2021. This drop equates to approximately 1,568 hours billed per lawyer per year. 

Revenue is up; net income is down 

Overall, for the law firms surveyed, revenue grew by 3% in 2022 while net income dropped by 3.1%. While not explicitly stated by Reuters, this outcome suggests that an increase in expenses and costs (possibly factored in by inflation) may be significantly impacting firms’ operating costs. 

Demand for legal services and the 2023 Legal Trends for Mid-Sized Law Firms report

While the Wells Fargo report looked at Big Law firms, we’ve seen the same trends arising for firms of smaller sizes. Our 2023 Legal Trends for Mid-Sized Law Firms report provided similar findings regarding the state of the legal industry by comparing the performance of mid-sized law firms (defined as firms with 21 or more employees) with smaller law firms (those with 20 or fewer employees). 

Notably, the demand for legal services has slowed after a strong recovery in 2021—particularly among larger firms. Despite decreased demand, however, firms of all sizes appear to be billing and collecting more relative to 2019. In essence, they’re collecting more while doing less work. 

How? By raising their rates. 

Since 2020, the hourly rates among firms have steadily increased (likely in response to the COVID-19 pandemic and costs resulting from rising interest rates and inflation). 

By the end of 2022, mid-sized firms raised their rates by 17%, while smaller firms (those under 20 employees) raised their rates by 11% compared to 2019. At the same time, the Consumer Price Index (CPI) increased by 16%—meaning that mid-sized firms are actually outpacing the CPI.

 These increases may represent a larger trend across the legal industry, as indicated by the increase in revenue noted by Wells Fargo among larger firms despite the decreased demand for legal services. 

Navigating decreased demand for legal services

Research suggests that many firms are navigating a period of decreased demand for legal services—amidst heightened inflation—by raising their hourly rates significantly. And while this strategy appears to be working in some cases, we don’t recommend rate hikes for every law firm. For instance, smaller law firms that service the general public may alienate their client base with rate increases. Consider a range of factors when determining how to weather a downturn. 

Navigating decreased demand for legal services will ultimately look different for each law firm and require a multi-pronged approach. Our guides on The Building Block of an Anti-Fragile Law Firm and Lawyers and Inflation: Staying Competitive in an Inflationary Economy are great places to start developing your plan. 

Some strategies will be relevant to most—if not all—law firms, though. For example, ensure that your law firm has an adequate emergency fund to navigate a period of decreased demand. 

In other cases—particularly among smaller firms that service individual clients—consider methods to set your firm apart from the competition. Providing client-centered services, such as alternative payment arrangements, can support existing clients while differentiating yourself from the competition with prospective clients. 

Finally, don’t overlook the power of technology. All-in-one legal software like Clio Manage can help firms reduce the time spent on routine tasks, so they can focus on servicing clients and billing efficiently. 

Watch How Law Firms Use Clio to see how Clio customers use our software to become more productive, efficient, and profitable.  

Do you have a love for the law, but no deep desire to practice or appear in court? Do you find generating solutions to complex problems incredibly satisfying? Are you an excellent communicator? You may want to consider a career as a legal consultant.

Whether you’re exploring potential legal career paths for the future or you’re a practicing attorney considering a pivot, becoming a legal consultant could be right for you.

From the essential skills and qualifications you need to the key benefits of being a legal consultant, read on to learn everything you need to know about a career in legal consulting.

Legal consultants work for clients that need legal advice (including individuals, businesses, and organizations) to offer legal insight and guidance with complex matters in areas like:

• Business law: For advice on everything from contracts to intellectual property for small- and medium-sized businesses, startups, and corporations.

• Financial services: For guidance on regulatory compliance matters, financial transactions, and risk management.

• Real estate: For advice on matters related to real estate development, property transactions, and lease negotiations.

• Health care: For guidance on healthcare contracts, preventing healthcare fraud, and regulatory compliance issues.

• Foreign affairs: For advice related to international relations, such as negotiating treaties, dispute resolution, and advising on human rights issues.

The difference between a legal consultant and a lawyer

Legal consultants and lawyers both use legal knowledge to assist clients with legal issues, but the two roles are different when it comes to how and when they work with clients, the services they provide, and their qualifications. Specifically, legal consultants primarily serve as legal advisors, but do not represent clients in court or offer litigation services as lawyers would.

With that said, many lawyers are also legal consultants—though a legal consultant can’t serve as a lawyer unless they’ve also completed the necessary requirements to qualify as a lawyer, like passing their state bar exam, being admitted to the bar, and being licensed to practice law.

The exact qualifications necessary for a legal consultant vary depending on factors like jurisdiction and the types of services they provide. This means that it’s important to research and abide by the rules and regulations that apply to you and your situation. However, most legal consultants are not required to be admitted to their state bar or be licensed to practice law.

So, if you want to become a legal consultant, you generally have two options. You can:

• Become a lawyer first, and then transition into a career as legal consultant, or
• Just become a legal consultant without ever becoming a lawyer.

With that said, if you’re just beginning to explore career paths in the legal industry, you’ll want to check out our guide to becoming a lawyer in a specialized practice area, as well as our guide to becoming a paralegal.

Benefits of becoming a legal consultant

If you have a strong aptitude for the law and you’re skilled at communication and offering legal advice, a career in legal consulting offers many benefits that you may not find practicing law as an attorney. These may include:

• Increased time and schedule flexibility. If the reality of long lawyer working hours is a drawback to practicing law, then legal consulting may appeal to you. Whether you work on short-term projects at a consulting firm or you’re a solo practitioner with control over how many clients and hours you take on, legal consulting often comes with a degree of schedule flexibility. It may also be easier to find options for part-time work as a legal consultant.
• No court time. If you love the law but hate the stress of court appearances, then legal consulting offers the best of both worlds.
• Variety. While you may want to focus on advising clients in a specific area, as a consultant, you have the flexibility to work with clients on a wide range of legal issues and help solve diverse legal problems.

Of course, as with any career, there are some challenges that come with a career in legal consulting. While the increased flexibility can be helpful for work-life balance, it can also make for uncertain workloads and a more variable income.

How to become a legal consultant

While the scope of services that a lawyer and legal consultant provide are different, both roles require legal expertise in order to effectively and ethically serve their clients’ needs. With this in mind, the path to becoming a legal consultant is quite similar to the road you’d travel to become a lawyer.

Here are the key steps you’ll need to take to become a legal consultant:

Get your BA

Just like with becoming a lawyer, law school is a key step in the journey towards becoming a legal consultant—and, in most cases, you need a bachelor’s degree in order to go to law school.

If you’re considering an undergraduate degree as your first step towards law school and legal consulting, you may be wondering what you should study. The good news is that there’s no one set major for an undergraduate who is also an aspiring law student. You can study anything that you like, though a focus on subjects that may help prepare you for studying law in the future—such as criminal justice, political science, or history—are good bets.

No matter what you major in, you can start preparing for your legal consulting career as an undergraduate. Your best strategies for this? Keep your GPA high and actively look for opportunities to gain as much legal-related experience as possible.

You can gain experience through:

• Volunteer work
• Extracurricular activities
• Internships
• Joining student organizations

Take the LSAT

In order to get into law school, you need to take—and score well on—the Law School Admissions Test (LSAT).

The LSAT, which is notoriously challenging, tests for the skills you’ll need to succeed in law school and your legal career, such as reading comprehension, writing skills, and reasoning ability.

There are multiple LSAT exam dates to choose from throughout the year, but you need to register in advance, so be sure to research the best testing dates and formats for your situation.

Complete law school

Once you have your BA, you’ve taken your LSAT, and you’ve been admitted to law school, the next step is to actually complete law school and earn your law degree, or Juris Doctorate (JD). Earning your JD typically takes three years.

With a career in legal consulting in mind, a law school education is your opportunity to gain legal knowledge and skills.

Just as with your undergraduate degree, law school is an excellent time to take advantage of internships to gain professional experience that will help your legal career down the line.

Consider taking the bar exam

The bar exam is a key step that differentiates legal consultants and lawyers.

While lawyers must pass their state bar exam in order to be admitted to their state bar and practice law, passing the bar is not necessarily a requirement for legal consultants (depending on the rules and regulations for your jurisdiction).

So why would you want to consider taking the bar exam if your ultimate career goal is legal consulting?

There are few reasons why it may be helpful for legal consultants:

• You want to practice law first before you focus on legal consulting. Working as a lawyer for a short time can help you build your professional skills and experience, and it may enhance your credibility as a legal consultant.
• You want to offer a wider range of services. If you’re a licensed lawyer in addition to a legal consultant, you may be able to offer more legal services to your clients.
• You want to have more career options. Even if your goal is consulting, you’ve already done the hard work of completing law school. Passing the bar exam gives you the flexibility to become a lawyer if you want to. And, it may just be fulfilling to close the loop on your law school journey by taking the bar exam.

If you decide to take the bar exam, our guide to studying for the bar exam on your own is a helpful resource.

Build experience

As with any career path, you may not step into a legal consultant role the moment you graduate. If you want to pick up related legal work to build your experience first, without becoming a lawyer, consider seeking opportunities such as:

• Legal internships
• Volunteer legal work
• Industry-specific work (for example, if your goal is to be a legal consultant for real estate, consider working in the real estate industry)
• Legal support or legal research roles

Whether you’re looking for a full-time consulting role or you are aiming to help clients on a project basis, having a base of relevant legal work and experience on your resume can help you stand out in a positive way.

Get comfortable with legal technology

Whether you’re a lawyer or a legal consultant, being comfortable and proficient in today’s legal technology is a must for boosting your hireability and efficiency as a legal professional. This means staying informed on the latest tech trends in the legal industry (such as AI for lawyers) as well as learning how to use legal tech tools like Clio.

As Robert Jewett, Solo Attorney at Robert Jewett Law PLLC, explains, embracing Clio’s client intake solution improved more than just his intake process.

“…I was striving for efficiency when it came to the intake process,” Jewett said. “How could I move a potential client to an engaged client most efficiently? It’s not just about my time but it’s also about making the experience positive for my potential clients. I wanted to maximize my ability to do the work that only I can do. Things that can be automated really need to be automated.”

If you’re a law student, you can get comfortable legal technology early on—Clio’s Academic Access Program provides free Clio access to students.

Top skills for legal consultants

What skills do you need to be an effective legal consultant? While the legal knowledge and experience you gain in law school are essential for a legal consultant, there are also other skills that the most successful legal consultants—and lawyers—tend to master that can help you successfully work with and advise clients. These skills include the following:

• Attention to detail
• Research and analysis
• Persuasion
• Business sense
• Communication
• Creative problem solving: critical thinking skills, assessing situations
• Organization

To learn more about how to embrace and develop these skills, read our post on the top seven skills for lawyers.

Final notes on becoming a legal consultant

Whether you’re already a lawyer or you’re just starting your journey towards becoming a legal professional, a career in legal consulting is a rewarding way to put your legal aptitude and communication skills to work.

While you won’t argue on behalf of clients in court, as a legal consultant you’ll give clients valuable guidance and legal advice as part of an exceptional client experience.

Regardless of where you currently are on the path towards legal consulting, there are steps you can take right now to gain valuable experience and skills to support success in your future career. If you’re an undergraduate, for example, this could mean volunteering or joining relevant student organizations. Or, if you’re a law student, getting comfortable with using legal technology now can give you a leg up when you start your career. Here, Clio can help. Clio’s Academic Access Program offers free Clio access to students, so you can learn how to succeed at the business of law now.

To run a profitable law firm, you need clients. But marketing, business development, and building client relationships can be time consuming and costly tasks. And, busy legal professionals are already stretched thin. What’s a lawyer to do?

Enter, Clio Grow. This powerful tool does a whole lot more than seamless client intake. It includes a number of features to help you easily market your law firm, attract new clients, and manage that increased demand. It also integrates with several useful marketing tools to take your efforts even further.

Let’s take a look at the best ways to market your law firm with Clio Grow.

1. Get noticed with Google’s Local Services Ads for Clio

In short, Local Services Ads are pay-per-lead ads offered through Google that appear at the top of search engine results for nearby searchers. With these ads, you only pay when a potential lead calls or messages you directly through the ad. The result? More qualified leads and better return on investment.

Manage the entire client intake process from one place with Local Services Ads for Clio. As leads come in, they’ll be added to your lead inbox in Clio Grow.

Even better, you can sign up for and manage a Local Services Ads account, set up and run ad campaigns, capture new leads, and measure campaign performance all within a single platform with Local Services Ads in Clio.

Here are some of the additional benefits:

• Build client trust: Earn a “Google Screened” badge verifying your business is qualified to offer legal services.
• Control your budget: Set your weekly budget and pause your ad at any time.
• Pay for results: Only pay when a potential lead contacts you through the ad, resulting in higher quality leads and cases. Plus, new Google Ads users will receive $500 in ad credits when they spend $500.

Learn more here, or book a live demonstration with a Clio expert.

2. Create drip email campaigns for reviews, referrals, and more

A drip campaign is a series of templated emails that can be scheduled to be automatically sent out on a defined cadence. Using templated emails, there are a number of ways you may want to use these campaigns at your firm:

• Drive more reviews: Create a review campaign and run it as soon as you close cases that have a favorable outcome. This could be two to three emails spread apart by a few weeks or months that thank the client for their business and ask for them to leave a Google review. More positive reviews add more social proof for your law firm, helping to bring in more clients.
• Get more referrals: Similar to the above, you could set up an email cadence to go out a month after a case closes asking for a referral, and then another a year later. These emails could also include value-add content for clients to keep them engaged (e.g., an estate planning checklist for someone who created a will using your firm).
• Re-engage potential clients: A client may not choose to work with your firm—but the opportunity may arise again in the future. Depending on the nature of your practice, you could set up a series of emails to follow-up with clients who drop off, promoting your firm and why it would be valuable to work with you. You will be able to remind them of who you are and the value of working with you to stay on their radar over time.

3. Send targeted newsletters with Mailchimp and lists built in Clio Grow

With Clio Grow you can build lists of contacts that you can use for different email marketing purposes. Tagging allows you to segment your clients into different groups, such as which practice areas they’re using your services for. Once you create those groups, you can send newsletters with specific content that will resonate best with that audience. For example, you could send out a newsletter to your real estate clients letting them know about recent changes to real estate law or promoting seminars you’re running. Simply use the tags to build audience lists in MailChimp, then create your email campaigns.

4. Save time with email templates

Email templates save you time on marketing strategies and administration work alike. You can easily:

• Ask for reviews and referrals.
• Welcome potential new clients who reach out via your website.
• Advise potential clients on next steps in the intake process.

Simply create a one-off email template for each situation to save yourself time—never rewrite the same email again!

5. Wow your potential clients by remembering tiny details

In addition to segmenting your audiences for emails, tags in Clio Grow help you easily remember details about your potential clients.

For example, you can tag personal details to a client profile, such as “Yankee fan”, so you don’t forget. Then, if a client doesn’t hire you the first time they need legal services, but reaches out again later, tags could help you remember that they are a Yankees fan. Working this into your communication with them could help build your relationship, helping drive conversion, more word-of-mouth referrals or a positive review.

6. Enable online bookings with Clio

Clio Grow has a built-in appointment scheduling tool that is easy to set up and use. The scheduler enables clients to conveniently book appointments online through a link you can add to your website and emails.

You can set different appointment types (e.g., initial consultation, intake call) and even take money upfront if you do paid consults. Plus, the link can be added to your Google Business Profile.

Want to block off certain times in your calendar? You control what available time slots potential clients can choose from when booking. Appointments will show up in your calendar in Clio Manage, and in any calendars you have connected to Clio Manage.

7. Use intake forms to manage leads

Leverage professional-looking, easy-to-use, and fully-featured intake forms (that include conditional formatting and allow for document uploads) to help your law firm stand out from the competition. You can also intake new clients quickly with all the information you need—allowing you to decrease any delays in response time.

And response time is crucial: Research from the 2019 Legal Trends Report says that 79% of clients expect a response within 24 hours—and our data showed most law firms fall far below these expectations.

8. Create a beautiful and compelling website with Clio’s law firm website builder

Your website is your digital business card, and most law firms’ main marketing tool. With more and more clients looking for law firms online, a professional website allows potential clients to learn about you and your firm, and connect with you for more information.

With Clio’s law firm website builder—included with your subscription to Clio Grow—you can easily create a professional website without having to learn to design or code. Simply:

1. Choose a domain name (you can purchase a custom domain if you choose).
2. Select your theme and color scheme, and add text and images.
3. Hit publish. That’s it!

You can also leverage more of Clio Grow by adding links to appointment scheduling, online payments, and your client portal to your website—all without any additional coding.

Learn more about Clio’s website builder here.

If you already have a website built through WordPress, adding a “contact us” form via our WordPress integration means that leads that come to your website will feed directly into your lead inbox in Clio Grow.

Final thoughts on marketing your law firm with Clio Grow

Getting Clio Grow and making the most out of it won’t just level up your client intake—it will help you gain more clients and efficiently run a profitable law firm. Leverage features like Clio Grow’s website builder, appointment booking tool, and Google Local Services Ads, and your marketing woes will become a thing of the past.

Want to see how Clio Grow could be earning your firm new clients? Learn more here, or book a demo with a Clio expert today.

Today, we are honored to receive the recognition of all 50 state bar associations in the United States. This milestone underscores our commitment to providing cutting-edge and reliable legal technology solutions for our customers that meet the highest standards of integrity and ethics. Earning the trust and approval of all 50 state associations is fundamental to Clio’s mission of transforming the legal experience for all.

As the first-to-market cloud solution for law firms, Clio is partnered with and recommended by 90+ bar associations, law societies, and private legal groups globally—50 of which are state bar associations. We’re proud of our reputation as a leading contributor to the establishment of industry standards for innovation and solutions in the legal technology space.

More importantly, this milestone is fundamental to increasing access to legal technology that positions legal professionals to succeed. Each year, through the Clio Academic Access Program, Clio donates over $25 million in free Clio software to legal clinics, paralegal programs, nonprofits, and law schools worldwide, including 17 of the top 20 law schools in the United States. This is work we are proud to do, and look forward to continuing. Enhanced access to justice, and the partnerships that relentlessly facilitate this, offer tremendous benefits for society as a whole.

Clio remains committed to developing innovative products that empower legal professionals, streamline processes, and ultimately make legal services more accessible for everyone. We look forward to continuing our work with the legal community to shape the future of the industry.

When it comes to getting paid, plenty of options are available for lawyers. They can use:

• Hourly rates based on time spent.
• Flat fees that have a fixed cost.
• Contingency fees tied to case outcomes.
• Retainer fees that require upfront payments.

How do you know what’s best for your law firm? It starts with gaining a solid understanding of each legal billing model. In this blog, we’ll provide a comprehensive look at retainer fees—covering the types available, how they work, and the benefits they bring clients and lawyers alike.

What are the types of retainer fees?

There is no one-size-fits-all model for retainer fees. Instead, the payments come in various forms and structures, allowing lawyers to tailor them to the unique needs of their clients and firm. Next, we’ll delve into some of the common types of retainers—starting with a look at the difference between earned and unearned retainer fees.

Earned retainer fee

A lawyer receives earned retainer fees for the services they have provided. These funds are transferred into a law firm’s operating account only after they’ve done the work, which explains why they’re called “earned” fees.

Unearned retainer fee

Unearned retainer fees are upfront payments held in a dedicated retainer account before any legal work begins. Lawyers can’t access the funds until they complete the work—the fee simply acts as a deposit that ensures the availability of funds for future support. Once the lawyer renders the services, they transfer the funds from a client trust account into an attorney’s operating account.

Retainer fee examples

Retainer fees are well-suited to a range of legal matters and client needs. Below, we’ve highlighted a few different examples of legal retainer fees.

• A classic retainer fee, also known as a general retainers, is an upfront payment made to secure legal services. These fees aren’t tied to any hours or services—they only guarantee that the lawyer will be available for legal services when a need arises.
• A Security retainer fee is an upfront payment for legal services, where the client owns the funds up until the point the work is completed by the lawyer. Once the legal work is completed, the lawyer can access the money. This is often used when there may be high expenses associated with a legal matter.
• An evergreen retainer fee is an agreement where a client pays a fee into a separate trust account, which a lawyer invoices against once services are provided. The fee is replenished once it hits a predetermined minimum balance. This fee structure is popular among clients who require regular legal support, such as those dealing with family law matters.

How retainer fees work

After an initial consultation with a lawyer, a client will make an upfront payment that covers the agreed-upon deposit for the legal services. As a lawyer works on the matter, they will track their time and bill against this retainer fee.

Let’s say the hourly rate is $250. The retainer might be $2,500 if a lawyer estimates the matter will take them 10 hours. If you only spend two hours on the matter in the first month, you reduce the retainer by $500, making the remaining balance $2,000. The next month, the balance would be $750 if the lawyer works five hours. You get the idea.

It’s important to note that retainers are only a deposit and might not reflect the final bill amount. If a lawyer spends less time on the matter than estimated, the additional amount would be refunded to the client. If they spend more time, the client will add to the retainer.

When accepting retainer fees, lawyers must always follow the legal and ethical guidelines in their jurisdiction. Recently, the American Bar Association issued an ethics opinion to guide lawyers’ handling of advance fees made by clients for legal matters. You can learn more about it here.

What is a retainer fee agreement?

Like any industry, payments can be a major pain point for lawyers. That’s why it’s important to have documents in place that set clear expectations and prevent any misunderstandings.

This is where the retainer fee agreement comes in. It’s essentially a written document that outlines the terms of engagement between a client and a lawyer.

Some common elements include:

• Basic contact information
• Scope of legal services
• Type of retainer and retainer amount
• Payment terms
• Communication frequency
• Termination clause

How should retainer fees be paid?

Retainers can be paid in a variety of different ways, depending on the preferences of a lawyer and the clients they serve. That includes:

• Upfront payments – fees paid in a full, single payment.
• Installments – payments divided into smaller, predetermined amounts, which clients make over a specific period like monthly or quarterly. Installments help ease the burden of large payments, increasing the affordability of legal services.
• Subscription models – are recurring retainer fees that replenish at various intervals to maintain access to legal services. Businesses or people who need regular legal assistance often use subscription models.

If the very thought of keeping track of the payments associated with retainer fees seems daunting, don’t worry. Today, legal payment processing solutions make the process as easy as possible.

Take Clio Payments, for instance. The software allows lawyers to effortlessly accept secure online payments for retainer fees. Automation can take care of many tedious tasks, like automatically processing recurring payments or sending reminders to clients about retainer top-ups. Clio also handles all trust-related transactions, including refunds, in compliance with trust accounting and  IOLTA regulations.

Why lawyers should use a retainer fee

Although they may not be for everyone, retainers can bring an array of powerful benefits to many clients and lawyers. Here’s a closer look at their advantages.

Increased financial stability

With a retainer fee, law firms will be able to better predict their work and manage their time because of this foresight. They also have peace of mind in knowing that they’ll have a steady and reliable stream of income.

Improved client experience

Retainer fees promote a better client experience. That’s because it gives clients the confidence that you’ll be there when you need them. These regular and ongoing interactions can build trust—and ultimately, ensure a stronger understanding of their needs and preferences.

Protection for lawyers and clients alike

Retainer fees protect lawyers and clients. By enabling lawyers to securely retain funds until completing the work, they decrease the likelihood of encountering potential payment issues. Clients also gain assurance that their legal needs will receive prompt and reliable support when required.

What fee structure is the best option for your law firm?

If you’re debating which fee structure is right for your firm, a number of factors will come into play. These include:

• Your law firm’s goals
• Client preferences
• Practice focus
• Geographic location

One thing is certain: clients are looking for flexibility more than ever before. Clio’s 2022 Legal Trends Report found that clients want lawyers to offer more billing options—and this can even affect their decision to hire a firm. For instance, 67% want the option to pay for legal services via flat fees but only 37% of law firms offer this.

For that reason, you may want to consider offering a combination of fee structures in addition to retainer fees—including hourly billing, flat rates, and contingency fees.

You may also decide that other alternative fee arrangements are a good fit for your firm. Cloud-based practice management solutions, like Clio, make it easy to offer this range of payment options.

Final notes on retainer fees

Retainer fees provide a multitude of benefits to law firms, from promoting stronger client relationships to improving cash flow. Clients also win as they gain confidence in knowing that they’ll have access to a lawyer’s time for future needs. Legal technology solutions, like Clio Payments, can do a lot of the heavy lifting in handling the administrative side of retainer fees, such as automated payment reminders.

Try Clio for free and see how you can upgrade your law firm’s billing processes today!

Marketing is crucial to any law firm’s success—but there’s no such thing as a one-size-fits-all law firm marketing strategy. Different practice areas have unique needs, so your marketing strategies should be tailored to serve your firm’s specific client base and branch of law.

This is particularly true with family law marketing.

Family law firm clients need help with matters related to their personal and family lives—which are often sensitive, challenging, and emotional. With this in mind, effective family law marketing should prioritize potential clients’ experiences from the start.

But how, practically, can you achieve this? From how (and where) to reach potential family law clients online to the importance of establishing a positive reputation in your community, we’ve got you covered with 10 of our best marketing tips for family law firms.

This could include marriage (from civil unions to prenuptial agreements), divorce (including spousal support and property division), parental and child-related issues (including child custody, support, and adoption), reproductive rights, international family matters, and measures countering domestic violence.

10 marketing tips for family law firms

When people seek the services of a family law firm, it’s typically for complex, often emotional, reasons. Whether they’re struggling through challenging times or celebrating a milestone, potential clients for family law firms require sensitivity, compassion, and clear communication.

This type of client experience starts via your marketing, before you even meet with new clients.

Empathetic messaging is essential for effective family law marketing. Regardless of what channels you use, consider what your clients are going through—and ensure that your messaging is consistent and attuned to their emotional needs.

For example, something as simple as using terms like “helpful” or “support” in your law firm marketing can offer a softer approach when attracting clients going through challenging situations.

Keep this empathetic approach in mind as you consider the following family law marketing tips.

Decide on your marketing budget

Before you dive into new marketing initiatives for your firm, first take a step back and establish a marketing budget. This budget serves as a useful framework when determining how to allocate your resources.

While there are many useful tactics you could use for your family law marketing endeavors, you’re not going to be able to do everything. Instead, determine your budget by balancing your available time commitment against the associated costs of marketing. Also consider factors like your geographical location and your firm’s existing brand recognition.

Not sure where to start? Our guide to creating a marketing budget for small law firms can help.

Create cohesive online channels

Today’s legal clients look for lawyers online (in fact, according to the 2021 Legal Trends Report, being searchable online has a positive influence on lawyer choice for 80% of consumers), so it’s critical that your digital messaging is clear.

Two areas to consider for consistent, cohesive messaging are your:

1. Law firm website

A cohesive online presence starts with your law firm website.

Family law clients want lawyers who can handle their cases effectively and sensitively. Your website is your opportunity to convey this to clients before they reach out, so make it easy to navigate, accessible, and consistent with your brand.

In addition to having a clear, descriptive, and easy-to-search domain name (you can learn more about how to find and acquire the right one here), your family law firm website should outline:

• Who you are
• What legal services you offer
• How to contact you

Consider additional elements that can further convey your brand, build trust, and showcase your credibility, like testimonials, trust badges, awards, or relevant accolades.

Creating a professional and secure law firm website doesn’t have to be complex. Clio’s law firm website builder makes it easy to set up your law firm website in just three steps, with no coding required. It also makes it easy to integrate Clio Grow’s client intake features, like online intake forms, to make it easier for potential clients to contact you.

2. Social media channels

Social media marketing for lawyers is an area that should be handled with care. However, when used appropriately, it can be another way for potential clients to find your law firm by driving them to your website.

When using any professional social media, be sure to maintain cohesive and consistent messaging with that of your website and other marketing.

Just be sure to know and abide by the social media rules for your jurisdiction and be vigilant in considering the sensitive nature of family law.

Improve your presence on Google

Having a website for your family law firm is important, but it’s only half the battle. In order for your potential clients to find you online, your website’s search engine optimization (SEO) is key.

The goal with SEO is to improve your presence on Google, so that your law firm’s website appears near the top of the results when potential clients search online for family lawyers in your area.

One relatively easy—and free—way to boost your SEO is to set up a Google Business Profile. This service improves your local search visibility and makes it easier to manage your website’s listings in Google search results. Using a Google Business profile is another way to establish consistency with your firm’s messaging, while also helping clients learn more about your firm.

You can personalize your Google Business profile with details like your firm’s:

• Name
• Address
• Contact information
• Business hours
• Website URL
• Photos
• Reviews

When it comes to reviews:

• Do: Ask for Google ratings and reviews from past clients (when allowed). Honest reviews can improve your search engine rankings and show potential clients that your business is trustworthy. However, it’s important to note that there may be rules related to client testimonials and reviews. It’s a good idea to check with your jurisdiction’s rules and ethical guidance for requesting and sharing client reviews to ensure you stay compliant.
• Don’t: Fake reviews. Never ask for false testimonials or write fake reviews.

Advertise online

For family law firms, digital advertising offers a flexible, cost-effective, and measurable way to build brand awareness and reach potential clients.

Consider using online ads on a variety of digital platforms, from search engines to social media. These could include:

• Google Ads. Google Ads are “pay-per-click,” so you pay whenever someone clicks on your ad. Because you only pay per click, these ads can be quite effective and targeted. However, because you pay for each click (whether or not you get a lead), they can also be expensive.
• Local Services Ads. These ads are “pay-per-lead,” so you pay whenever a lead contacts you through your ad. This leads to more qualified leads for your firm. However, Local Services Ads for lawyers are currently limited to lawyers in certain practice areas and geographic locations. You can check your eligibility through Google’s eligibility checker.
• Social media advertising. Social media advertising is an effective and cost-effective way to reach potential clients online. To learn more, read our guides to successful LinkedIn advertising and Facebook advertising advertising for law firms.

You don’t necessarily have to use all of these channels. Be sure to follow any rules for advertising that apply in your jurisdiction, and then find what works best for your budget, resources, and target audience, and go from there.

Build connections within your community

Building strong community relationships will not only grow your firm’s visibility, but it also helps create a positive reputation and build bonds with people who may need your legal services. Since family law can be emotional, your reputation and bonds are important.

Ways to build community connections include:

• Sponsoring or donating to local events. Whether or not the events you sponsor are directly related to your practice, sponsoring local causes builds your brand’s reputation and recognition in your area.
• Creating scholarship funds. Sponsoring scholarships is another way to get your law firm’s name out there for potential clients. You may consider creating scholarships for law students, or benefiting students impacted by matters related to family law, like divorce.
• Volunteer in your local community. You can build connections by volunteering to provide pro bono legal help, or you can volunteer for a local organization that you’re passionate about. Either way, you’re giving back while making community connections.

Create helpful content

Potential clients may start Googling questions about family law before they actually need a lawyer—and you want your law firm website to have the answers.

By making your law firm website a hub of helpful resources and content for potential clients, you can establish your firm’s credibility and get your name out there from the beginning of a potential client’s legal journey. Consider creating:

• Blog posts and articles
• eBooks
• Webinars
• Video marketing content

A few tips for creating helpful family law website content:

• Stay relevant. No matter what medium you use, create content that’s of specific interest to people who may be searching for family law firms.
• Optimize your SEO. From keywords to backlinks, make sure your content is SEO-optimized so that it shows up in Google search results.
• Prioritize privacy. Remember to always protect your client’s privacy and security, even when creating helpful marketing content. For example, be sure not to accidentally share sensitive client information as an example in a blog post or webinar.

Hire a marketing agency

Marketing a family law firm isn’t easy, and effective marketing can be a lot of work. If your budget allows for it, hiring a marketing agency can help you attract new clients and grow your business without investing so much of your own time.

Legal marketing agencies can take care of a variety of important marketing tasks for your firm, such as:

• Marketing for different channels
• Creating marketing content
• SEO optimization
• Customer research
• Brand messaging
• Tracking and measuring marketing results

Gather referrals and testimonials

While effective marketing campaigns and advertising make an impression on potential legal clients, people often look to others for recommendations. In fact, according to the 2021 Legal Trends Report, online reviews and personal recommendations are key when selecting a lawyer, with 82% and 81% of consumers, respectively, noting that these factors would positively influence their choice of lawyer.

Although the rules for how, where, and when you can ask for and share client reviews vary (so be sure to check what’s allowed in your jurisdiction and situation), honest positive reviews and testimonials let your clients vouch for you. This helps to build trust, reinforce credibility, and showcase your firm’s ability to deliver results for your family law clients.

With that said, it’s important to incorporate strategies to publicize positive feedback as part of your family law marketing plan, such as:

• Google reviews. As we discussed earlier in this post, establishing and maintaining your Google Business profile is an effective way to boost your firm’s presence online—and it can also be a useful way to easily gather and showcase positive reviews from past clients.
• Online testimonials. If it’s allowed in your jurisdiction and you can do so in an ethical way (for example, some jurisdictions may require you to include a disclaimer when posting past client reviews), consider asking for and sharing client testimonials on your website.
• Great client experience. Satisfied clients are more likely to recommend you to others. And, when it comes to sensitive legal matters involving family relationships, potential clients are likely to value those referrals. In this way, offering a positive client experience is a powerful way to encourage positive reviews and referrals.

Clio makes your clients’ experience smoother from the start. From easier appointment booking to simplified client intake to online payments, Clio Manage’s legal practice management and Clio Grow’s client intake & CRM tools help you provide a better client experience.

Learn more about how to build a solid referral marketing program at your firm.

Start a newsletter

Newsletters are powerful email marketing tools that can help you stay connected to your current and past clients (especially when you want to be top-of-mind for potential referrals), build your authority, and grow your email database.

Use your newsletter to periodically share information and messaging with subscribers, such as:

• Relevant legal news
• Valuable content (such as blog posts or eBooks)
• Updates on what your firm is up to
• Wishing clients a happy holiday season

Where can you find your newsletter subscribers? You may offer newsletter sign-up opportunities on blog landing pages, when providing quotes to potential clients, and via intake forms.

Of course, always be sure to check and abide by any rules for email marketing and stay compliant with any anti-spam laws that apply to your situation and jurisdiction.

Get on firm directories

Your potential family law clients aren’t just looking up law firms one by one when they’re browsing online. Many potential clients turn to lawyer directories—websites that catalog lawyer and law firm listings—as a starting point when initially seeking law firms.

Listing your firm on lawyer directories can:

• Make your firm easier to find in your local geographical area
• Establish your firm’s credibility
• Boost your overall marketing strategy by helping your firm rank higher in local search results

You don’t need to list your firm on every single law firm directory, but rather choose a mix of directories that are relevant to your practice area and geographical location, and that fit your marketing plan and budget.

In addition to listings on sites like Yelp and Facebook, potential directories for family law lawyers include:

• Avvo
• Nolo
• Expertise.com
• FindLaw
• Lawyers.com
• Lawyer.com
• LegalZoom
• HG.org
• Superlawyers.com
• Martindale.com
• Divorcemag.com

Final notes on family law marketing

When it comes to family law marketing, a client-first approach is essential. From empathetic messaging to using digital marketing strategies to ensure potential clients can find you online with ease, it’s important to think about your clients’ experience from the start.

While the tips in this article can help you make the most of your family law marketing efforts, you also need to find the time to devote to marketing.

Clio Grow not only helps you provide a better experience for clients (which, in turn, can help you build a positive reputation and encourage referrals), but it also saves you time—which you can plug back into your clients and your marketing efforts.

“Your Honor, objection!”

Even non-attorneys have likely seen this scene in a TV show or movie, where a trial attorney objects to the opposing counsel’s question or the witness’s testimony. While objections may be less dramatic in real life, trial lawyers must undoubtedly understand how to use different types of objections in court.

In this guide, we provide a list of the most common types of objections, along with examples. We also address how and when objections should be used during trial. Finally, we cover how you can prepare for trial objections.

Disclaimer: This is not an exhaustive list of every objection, and the success of an objection is circumstantial. We can’t guarantee that your objection will be successful or that your objection is well-advised. The judge may overrule your objection in court.

Types of objections

An objection is an attorney’s formal protest that evidence, testimony, or a question from the opposing party should not be allowed. Objections can be raised during trials, depositions, and other fact-finding hearings. Trial objections differ from objections at depositions in several ways, one of which being that the judge will rule on objections during trial. The judge can sustain or overrule the objection. When an objection is sustained, the question, testimony, or evidence is not allowed.

The following types of objections in court are generally based on the rules of evidence most common in American jurisdictions.

Relevance

A relevance objection is based on the argument that the evidence is not relevant to the case. Evidence is only considered relevant if it has some value in proving a significant matter. Relevance objections seek to prevent jurors from being distracted or influenced by information that does not pertain to the legal matter at hand.

According to Rule 403 of the Federal Rules of Evidence, the court may exclude evidence, even if relevant, if its probative value is outweighed by the potential for unfair prejudice or other harms to the jury process. Accordingly, the judge must weigh these considerations when ruling on a relevance objection.

Relevance is often a particularly contentious area of objections. The outcome varies widely based on the circumstances, and the judge’s decision is often highly subjective.

Example

Bringing up the previous criminal history of a party to the case would likely be objectionable on relevance grounds. Even if this has some potential relevance to the case—for example, does the fact that your client was convicted of embezzlement 20 years ago make it more likely they defrauded the plaintiff in this case?—the judge could determine the information would unfairly sway the jury against your client.

Leading question

This objection is raised when an attorney asks a question that suggests the desired answer or puts words in the witness’s mouth. Leading questions are prohibited during direct examination, although exceptions are made for background information. However, leading questions are allowed on cross-examination and for hostile witnesses or adverse parties.

Example

“Isn’t it true that the defendant was clearly drunk that night?” is an example of a leading question.

Compound question

Compound objections are raised when a question contains multiple inquiries, making it difficult to provide a clear and accurate response. The general remedy is to break up the compound question into multiple questions, so the witness understands what they are responding to.

Example

“Isn’t it true you visit the Looney Bar every Wednesday, and you were there until 2am that night?” is technically two questions in one.

Argumentative

A question can be objected to as being argumentative when it does not seek new information, but instead seeks to have the witness agree with an inference or conclusion. This objection can also be raised as “badgering the witness.”

Example

An attorney asking “Do you expect the jury to believe someone who lives in your neighborhood can afford a luxury car?” is argumentative. This question does not seek information. Instead, it simply challenges the witness to attack their credibility.

Asked and answered

This objection is raised when an attorney asks a question that has already been asked and sufficiently answered. The goal of the objection is to prevent attorneys from asking the same question in different ways to elicit a different response.

Example

Examiner: “So you drove from Fresno to Las Vegas on November 8th?”

Witness: “That is correct”

Examiner: “So you arrived in Las Vegas on November 8th?”

Witness: “Yes.”

Examiner: “So you didn’t stay in Fresno on November 8th?”

Vague

When a question is unclear or lacks specificity, you can object on the grounds of it being vague. A vague question makes it difficult for the witness to provide a meaningful answer. Sometimes this objection is phrased as “ambiguous” or “vague and ambiguous.”

Example

“Tell us about the incident.” Here, the opposing party may object, arguing that the question is overly vague and should be clarified.

Speculation

“Calls for speculation” is an appropriate objection to a question that requires the witness to guess or speculate on an issue where they do not possess direct knowledge. Attorneys can also raise the “speculation” objection if a witness is speculating with their testimony, regardless of the question they are responding to.

Example

If an attorney asks “What do you think the defendant’s intentions were?”, it is a clear call for specualtion.

Hearsay

Hearsay is an objection to evidence that relies on secondhand information—such as what the witness heard someone else say—rather than firsthand knowledge. The jury cannot assess the credibility of the individual making the statement and there is no chance for cross-examination, so this evidence is typically prohibited.

However, there are numerous exceptions to the hearsay rule, such as excited utterances and admissions against interest.

Example

If a witness testifies, “I heard from a friend that the defendant was at the scene,” this is inadmissible hearsay unless it falls under a hearsay exception.

Privilege

You can object to any question that seeks information protected by a form of privilege, such as the attorney-client privilege. Since maintaining privilege is one of the ethical duties of a lawyer, these objections are usually sustained.

Example

The examining lawyer asks “What discussions have you and your lawyer had relating to the settlement of this case?”

Violation of best evidence rule

The best evidence rule applies when a party seeks to admit a writing, recording, or photograph into evidence. The rule provides that unless the original is unobtainable, the party must use the original item. You can object to evidence that doesn’t follow the best evidence rule.

Example

If a party attempts to introduce a copy of a contract when the original is available, this would violate the best evidence rule.

Should you always object?

Assuming you have good grounds for making an objection at trial, should you always do so? There are reasons to be strategic about when you choose to object.

The ultimate goal of objections is to ensure your client receives a fair trial and has the best shot at winning the case. To a jury, constant objections could make it appear as if you are struggling with the case or have something to hide. Accordingly, if a certain question or answer is technically objectionable but would not significantly impact the case, you may wish to refrain from objecting.

There are also times when objectionable testimony from the other side would actually help your client. Let’s say, for example, the opposing party’s witness is going to provide testimony that is damaging to their case. In that case, it may be better not to object and let the jury hear the statement.

Can you prepare for objections in court?

Jury trials are often unpredictable, so it is not possible to prepare for every potential objection. However, you can prepare ahead of time by knowing:

• The issues of your case
• The expected testimony of your witnesses
• The types of objections in court

Preparing for objections in court is far easier when you streamline the administrative aspects of your case, allowing time and energy to focus on case analysis and strategy.

Legal practice management software such as Clio Manage can do just that, taking care of case management, document management, and more. The legal calendaring aspect of Clio Manage can track events and deadlines based on calendaring rules for hundreds of courts across the U.S. This technology enables you to stay on top of your cases and remain mentally sharp at trial, so you can tackle surprises.

Final thoughts on types of objections in court

Any trial attorney must familiarize themselves with the types of objections in court and how to use them appropriately. In addition, they must anticipate how these objections are likely to come up in their case. Attorneys should consider the legal and factual issues, as well as the anticipated testimony of the witnesses, to help prepare for objections.

Clio Manage is practice management software that can take care of the administrative details of running a firm. Leaving the administration work to practice management software gives lawyers  more energy to focus on trial preparation.

IBM Security recently released its 2023 Cost of a Data Breach Report. This report studied 553 organizations that experienced data breaches between March 2022 and March 2023 to help IT, risk management, and security leaders understand the impact. 

Why should lawyers pay attention to this report on data breaches? 

For one, a recent global cyberattack targeted, among others, three of the top Biglaw firms in the world. 

Furthermore, according to the American Bar Association’s 2022 Legal Technology Survey Report, 27% of law firms reported having experienced a security breach at some point. 

In our increasingly interconnected society, and in a profession that demands data security, lawyers simply can’t afford a data breach. Yet, over one-quarter of firms report that they’ve experienced one. 

Below, we’ll provide some highlights from IBM’s 2023 Cost of a Data Breach Report and delve into how lawyers can avoid a data breach. 

Watch our webinar on Legal Cyber Security here for even more actionable tips on how to protect your firm.

Highlights from IBM’s 2023 Cost of a Data Breach Report 

The 2023 Cost of a Data Breach Report studied 553 organizations impacted by data breaches between March 2022 and March 2023.

The average cost of a data breach has increased

According to IBM, the global average cost of a data breach has risen to $4.45 million. This amount is the highest ever reported and represents a 15% increase over the past three years.

For professional services organizations (including legal, accounting, and consulting firms), the cost of a data breach is even higher, with an average cost of $4.47 million. 

Organizations aren’t often discovering data breaches themselves

Unfortunately, organizations that experience a data breach aren’t often the ones to discover the breach. 

According to IBM, only one in three data breaches were identified by the organization itself—40% were discovered by a neutral third party (such as law enforcement), while 27% were disclosed to the organization by an attacker. 

Artificial intelligence can help 

Using security artificial intelligence (AI) and automation can help organizations increase detection and response times to data breaches—and consequently decrease breach cycles—and help organizations save on costs. 

Organizations that used security AI and automation saw, on average, 108 day shorter breach lifecycles. They also saved nearly $1.8 million in data breach costs than organizations not using these technologies. 

Learn more about AI and security in our piece, Exploring the Intersection of AI, Cybersecurity, and Privacy.

What does a data breach look like for lawyers? 

A data breach is, essentially, any security breach that results in unauthorized access to confidential information. 

Within a law firm, a data breach can arise in several ways, including: 

• Lost or stolen hardware (e.g., where an unencrypted work laptop is stolen from an employee’s car)
• Cyberattacks (e.g., malicious attacks by cybercriminals) 
• Employee error (e.g., where an employee unintentionally discloses confidential information) 

While data breaches can be devastating in any industry, lawyers’ unique ethical obligations make data security especially critical for their organizations. 

Why lawyers must take data breaches (and data security) seriously

Lawyers have an ethical duty to protect their clients’ information and to disclose data breaches. As outlined in our 2023 Law Firm Data Security Guide, lawyers should “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client” under ABA Model Rule 1.6: Confidentiality of Information. 

Additional breach notification requirements may apply depending on your location or practice area, including HIPAA (for lawyers handling personal health information), GDPR (for lawyers handling personal information belonging to EU residents), or your state bar’s data privacy compliance requirements. 

But what about the consequences of a data breach? 

Beyond the high financial cost of a data breach outlined in the 2023 report, data breaches can have other significant impacts on law firms. This can include a loss of trust in your firm and malpractice lawsuits. 

Learn how to protect your law firm in our on-demand webinar, Legal Cyber Security: How to Protect Your Firm Against Rising Threats.

Protecting your law firm from a data breach 

Avoiding data breaches doesn’t happen overnight. Law firms must invest heavily in security, including vetting their software vendors carefully. 

Clio is proud to provide industry-leading security, including dedicated security experts who are available 24x7x365 to respond to data breaches and other security events. Clio adheres to industry best practices (such as HTTPS and TLS) and complies with GDPR, HIPAA, and PCI legislation. Furthermore, Clio’s data hosting facilities are audited annually for SOC2 and ISO27001 security certifications. Book a demo with Clio to learn more.

At the end of the day, no law firm can guarantee that a data breach won’t happen.

However, prevention is the best method of minimizing your risk. By working with software providers like Clio that are not only committed to data security but understand the unique compliance requirements law firms must follow, you can protect your firm and clients from the unexpected. 

And, if you’re looking for further data security insights, be sure to check out our guide to Cybersecurity for Lawyers! 

Since 2016, legal professionals have relied on Clio’s annual Legal Trends Report for an objective, comprehensive analysis of legal industry trends.

As the legal industry’s most in-depth examination into the state of legal practice, the Legal Trends Report brings together critical insights about law firm performance. It also sheds light on the forces shaping legal practices.

This year, we’re pleased to provide insights unique for mid-sized law firms by expanding our report offerings with the 2023 Legal Trends for Mid-Sized Law Firms report. This report helps mid-sized firms navigate modern challenges, distinguish themselves from smaller firms, and unlock new opportunities.

Introduction to the 2023 Legal Trends for Mid-Sized Law Firms report

The 2023 Legal Trends for Mid-Sized Law Firms report examines what differentiates mid-sized law firms from smaller ones. Measuring success from a single perspective is challenging. That’s why this report explores key trends across various perspectives, including financial performance, personal and professional well-being, and client relationships. We use these insights to identify where mid-sized law firms often face their greatest challenges and how to overcome them.

This report defines mid-sized law firms as those with 21 or more employees. Throughout the report, we compare these firms to “smaller firms” (those with 20 or fewer employees).

Below, we’ll explore key findings from the 2023 Legal Trends for Mid-Sized Law Firms report.

The performance gap between mid-sized firms and smaller firms is shrinking

Mid-sized law firms appear to have been significantly impacted by the COVID-19 pandemic. However, they recovered in 2021 and even increased their casework beyond pre-pandemic levels. And, while the increase in casework was modest overall, mid-sized firms have seen tremendous growth in billable amounts. They are significantly outpacing smaller firms in this area.

While multiple factors could be influencing the growth in billable amounts, a convincing argument is that mid-sized firms are more inclined to raise their hourly rates than smaller firms. Mid-sized firms have consistently outpaced smaller firms in raising their hourly rates and even outpaced the Consumer Price Index (CPI).

Despite this increase in billable amounts among mid-sized law firms, the performance gap between mid-sized firms and smaller firms is shrinking.

For example, while mid-sized firms’ utilization rates (the number of hours put toward billable work as measured against an eight-hour workday) climbed slowly from 2019 to 2021, they dropped in 2022. Meanwhile, the utilization rates of smaller firms have remained relatively steady over time.

Similarly, mid-sized firms have historically lagged behind smaller firms’ realization rates (which have remained relatively stable). Still, mid-sized firms are beginning to make gains that are narrowing this gap.

Mid-sized firms are currently outpacing smaller firms in collection rate, but only by a narrow margin.

So, while mid-sized law firms are performing comparatively well, their practices—particularly on key performance indicators—could benefit from improvement.

Attrition rates are high among lawyers in mid-sized firms

Many lawyers in mid-sized firms left their jobs for new roles in the 12 months before April and May 2022. In fact, lawyers in mid-sized firms were more than twice as likely to have left a job than lawyers in smaller firms. They were also over five times more likely to be planning to leave a job in the following six months.

These shifts can be primarily attributed to dissatisfaction with firms, managers, and coworkers. But many lawyers have moved on to become firm partners and owners. This suggests that a lack of career advancement or partnership opportunities may also be a driving factor for this movement.

More concerningly, lawyers in mid-sized firms aren’t happy. On all counts, lawyers in mid-sized firms report lower satisfaction than smaller firms in their personal and professional lives.

Lawyers in mid-sized firms are working less, but not when they want to

Despite the lower satisfaction rates among lawyers in mid-sized firms, it appears that they find better work-life balance than those in smaller firms—but only in terms of the number of hours worked. Unfortunately, lawyers in mid-sized firms aren’t working during the times or days that they want to be, and we see that 15% of lawyers in mid-sized firms are working late into the night.

At the same time, lawyers in mid-sized firms prefer working in-office. They are less likely to prefer working at home or meeting colleagues or clients virtually—yet these preferences are at odds with modern clients, who prefer virtual meetings over in-person meetings.

Mid-sized firms are falling behind on cloud technology adoption

Technology moves quickly, and many mid-sized law firms need to catch up on technology adoption. Only 27% of mid-sized law firms reported using cloud-based legal practice management (LPM) software (compared to 73% of smaller firms surveyed). They are also less likely to use video conferencing, electronic payments, e-signatures, and cloud-based data storage.

The case for moving to the cloud

Our research suggests that moving to the cloud has obvious benefits for mid-sized law firms. Those who have yet to adopt these technologies are missing out on opportunities to serve clients better and increase employee satisfaction.

Notably,

• Lawyers in mid-sized firms that use cloud-based LPM software report significantly higher performance on all professional and personal metrics, including relationships with colleagues and clients, productivity, and personal and professional satisfaction.
• 53% of lawyers using cloud-based LPM software prefer working at home over going into the office (compared to 35% of lawyers in mid-sized firms who do not use cloud-based LPM software).
• 67% of lawyers in mid-sized firms that use cloud-based LPM software want the autonomy to choose their hours (compared to 34% of those not using cloud-based LPM software).

And, with one in four mid-sized firms already using cloud-based LPM software, the cloud is no longer a “new frontier”.

However, navigating change in a larger organization will ultimately involve more planning and considerations than lawyers in smaller firms. To that end, the 2023 Legal Trends for Mid-Sized Law Firms report provides simple yet effective recommendations for technology adoption in mid-sized law firms.

To learn more about the benefits of cloud-based legal practice management software and further insights, read the 2023 Legal Trends for Mid-Sized Law Firms report today.

Where does the data come from?

The Legal Trends Report program uses a range of methodological approaches and data sources. The result? The best insights about the state of legal practice and strategies for future improvement.

Clio app data

We’ve analyzed aggregated and anonymized data from tens of thousands of legal professionals in the U.S. This data provides important insights into how legal professionals use technology and its impact on firm performance.

(Note: Clio only records and reports on application usage. We do not record or report on any details relating to cases and do not identify individual law firms.)

Legal professional and consumer surveys

For the 2023 Legal Trends for Mid-Sized Law Firms report, we surveyed 1,134 legal professionals and 1,168 consumers in April and May 2022. The consumers included in this survey represent the U.S. population based on the most recent U.S. census statistics. This data offers insights into how legal professionals can align more with consumer preferences in 2023 and beyond.

No one expects law school to be easy, and law school burnout can happen to even the highest-performing students. Many law students struggle with the mental, physical and emotional exhaustion that often comes with earning a law degree.

For law students, burnout can be a vicious cycle that can impact everything from mental health to career success. Students work so hard to succeed that they burn out, which makes it hard—sometimes even impossible—to be successful as a law student.

Thankfully, there are strategies to help students avoid burnout in law school. Below, we’ll explore some of the reasons why law students may be especially vulnerable to burnout, and some of the signs to watch out for. We’ll also offer some tips for how to help prevent or overcome burnout in law school—and after graduation.

What is burnout?

First, let’s look at what burnout actually is. While it’s not a medical diagnosis, burnout is an occupational phenomenon that arises when people find themselves under chronic workplace stress.

The American Psychological Association defines burnout as “physical, emotional, or mental exhaustion accompanied by decreased motivation, lowered performance, and negative attitudes toward oneself and others” stemming “from performing at a high level until stress and tension, especially from extreme and prolonged physical or mental exertion or an overburdening workload, take their toll.”

So, put simply, when someone experiences extreme stress and overwork for a prolonged period of time, they can “burn out”—or feel so exhausted and drained that they stop caring. Eventually, this state of burnout can lead to being unable to move forward in their job or field.

Are law students more likely to burn out?

But what makes people who want to work in law susceptible to burnout?

While burnout can happen to anyone in any field, it tends to thrive in industries that are highly competitive and stressful with heavy workloads. Qualities like strong work ethic, dedication, and ambition that drive success in the legal profession—from law students to lawyers to paralegals—can make someone more vulnerable to burnout.

A 2022 survey of Massachusetts lawyers, for example, found that more than three quarters of respondents reported experiencing burnout, and nearly half were considering leaving their professions.

Law students are typically ambitious and high achievers by nature—they need to be to make their way into law school. Unfortunately, once in law school, many students struggle to balance their mental health and wellness. The combination of long hours, competing with peers, and pressure to perform at a high level can lead to law student burnout.

Stress is also a key contributor. Unmanaged stress leads to burnout in any industry, and most law students report significant stress—even when compared to other graduate students. Specifically, 96% of law students say they’re under significant stress, compared to 70% of medical students and 43% of graduate students.

What does law school burnout feel like?

While it’s normal to feel tired as a law student, there’s a fine line between working hard and feeling so drained that you become apathetic to school or your future career.

While it’s important to always check with your doctor if you experience new signs or symptoms that could indicate a change in your health or wellness, some common signs could indicate burnout.

Here are some potential signs of burnout that law students can watch out for:

• Feeling like you’re in a constant state of stress
• Experiencing overwhelming, ongoing exhaustion and a lack of energy
• Feeling detached, cynical, or apathetic towards your studies or achievements
• Having a lack of motivation and increased procrastination
• Acting irritable or impatient with your peers or professors
• Noticing changes in your sleep or eating habits
• Feeling like you no longer care about your achievements
• Observing an increased dependence on substances like food, drugs, or alcohol

Tips to avoid burnout in law school

While burnout has the potential to negatively impact a student’s law school experience, it’s not inevitable. The pressures and workloads of law school aren’t going anywhere, but there are steps you can take to help prevent or recover from burnout.

Consider the following strategies to deal with burnout in law school:

Prioritize work-life balance

You can’t sip from an empty cup, yet the lifestyle habits that support foundational wellness (what fills a law student’s hypothetical cup) are often the first to get dropped.

While certain lifestyle factors take time and may not mesh with the stereotypical vision of the law school grind, succumbing to a culture that glorifies overwork can leave law students feeling depleted and more susceptible to burnout.

Intentionally making time for things that boost work-life balance—like getting enough sleep, eating a nutritious diet, and fitting in daily exercise or physical activity—can go a long way towards managing stress and combating law student burnout.

It’s also a good idea for law students to be wary of things like drinking as a way to cope with stress, as they may be at risk of substance abuse and addiction. Substance abuse and addiction are prevalent among lawyers and law students, with a 2021 survey of law student well-being finding that nearly 27% of law students were at risk for alcoholism. If you or someone you know may be struggling with substance abuse, it’s important to seek qualified help.

Socialize with friends

Sometimes, the best way to pull yourself out of the waves of stress is to spend time with friends or family. While spending time together in person is ideal, a phone call or video chat with someone you care about is a good way to maintain a sense of social connection and feel supported.

Being friendly and social with law school peers is another way to feel less isolated and stressed. And, creating and maintaining relationships while in school is great practice for the networking that you’ll benefit from once you become a lawyer.

Practice a hobby

Taking a break from thinking about law school to spend time doing something that brings you joy may actually make it easier for you to focus on your studies when you return to them. Whether you choose a creative pursuit (like writing poetry or painting) or a sport (like a recreational volleyball league or morning jogs), scheduling some time to engage with a hobby that you find fun is a good way to recharge and de-stress.

Bonus points? Take up a hobby that you can pursue with a friend to get a boost of social connection at the same time.

Make mindfulness a habit

Law school is inherently stressful, but learning to manage and respond to that stress  through mindfulness can help you avoid burnout.

Mindfulness—the practice of bringing your attention to the present moment, without judgment—can help combat stress and anxiety while increasing focus and productivity.

New to the concept of mindfulness? Clio’s guide to how to practice mindfulness and avoid burnout and webinar on mindfulness and the practice of law are great places to start.

Improve time management

Feeling like there’s never enough time to tackle a law school workload can be a major source of stress, and can contribute to burnout. Implementing time-management strategies to help stay organized and work more efficiently can save time and, perhaps more importantly, help reduce feelings of stress and overwhelm.

Some ways to improve time management as a law student include:

• Set up a routine. A structured routine (for example, a planned morning routine that you follow every day) can help reduce decision fatigue and stress.
• Get organized with your schedule. Use a virtual calendar to keep track of classes, assignments, deadlines, and life commitments before they pile up or important commitments are forgotten.
• Make a to-do list. Whether you’re a pen-and-paper person or prefer to use an app, getting your tasks written out can reduce the overwhelming feeling of everything swimming in your head.
• Learn to prioritize. Not all tasks are of equal importance, so create a system (or use a productivity app) to keep track of what needs to be done, and what can wait until later. The Eisenhower Matrix, for example, is a popular way to balance urgency with importance.

Adopt time-saving tools

While the number of hours you have in a day is finite, the right tools can help you optimize your time, streamline repetitive tasks, and reduce your mental load.

Many of the best productivity apps for lawyers can also help law students save time. For example, law students can consider using:

• Evernote to help you take, save, and organize notes more efficiently
• Dictate+Connect to turn your smartphone (iOS or Android) into a dictation device
• Penultimate to store your handwritten notes electronically
• Fastcase to streamline legal research

You may also want to consider ways to ethically use AI tools to help streamline your daily tasks as a law student. ChatGPT, for example, could be useful to help you summarize and organize your notes—just be sure to make sure you verify anything you’ve used it for. One of ChatGPT’s weaknesses is that it occasionally generates false information, known as “hallucinating”.

Clio’s Academic Access Program (CAAP) offers another way for law students to streamline their workflows to help avoid burnout. With CAAP, students can request a free, full-featured demo account.

As a law student, you can use this free Clio account to help manage your course schedule, track time (for example, during your externship program), and learn how to use cloud-based technology to streamline tasks.

Once you graduate, knowing how to use Clio’s cloud-based management software can set you up for success as a new lawyer.

Final thoughts on law school burnout

Being a law student isn’t easy. While law students should be proud of their work ethic and achievements, it can be all too easy to cross the line from high-performing to burnt out. Ultimately, burnout makes the law school experience harder than it needs to be. It can potentially even derail your legal career before it starts.

The proactive steps you can take to mitigate burnout during law school can be carried forward to manage stress in your legal career—hopefully setting the bar to support lawyer mental health for the next generation of legal professionals.

A recap of how you can manage law school burnout:

• Learning the signs of burnout, to better recognize when you’re at risk.
• Taking pre-emptive measures like practicing mindfulness, taking time to connect with friends and improving your time management.
• Using tech tools to streamline your tasks and make the most of your time. There are many low-cost and free options for students.

When it comes to burnout, prevention is easier than remedy, but both are possible if you take the necessary steps.

Request free access to Clio’s Academic Access Program to start streamlining some of your academic tasks.

Billable hours are key to profitability for lawyers, yet billable work makes up a fraction of the work day. According to the 2022 Legal Trends Report, lawyers spend just 2.6 hours in an eight-hour workday on billable tasks. In order to meet the high-pressure demand for billable work, efficiency is key. But, when it comes to legal invoices, there’s a difference between maximizing productivity and crossing an ethical line with double billing.

Why, and how, are legal clients getting double billed?

In the following post, we’ll outline the basics of double billing in law—and stress why attorneys should be able to recognize and avoid the unethical practice. We’ll also look at some common ways that double billing can occur for lawyers, whether intentionally or inadvertently. Finally, we’ll touch on strategies lawyers can use to help prevent double billing.

What is double billing?

In law, double billing occurs when an attorney invoices two or more clients at a full rate for work done during the same time period. In this way, double billing means that a lawyer is charging for more hours than they actually worked. It can include invoicing two clients for research that applies to separate cases, administrative errors, and more.

Double billing is inherently an unethical practice, but it can also be difficult to detect and control. It is essential for lawyers to recognize and avoid double billing. You’ll to maintain your professional integrity while meeting your ethical responsibilities to clients.

What are some examples of double billing?

For lawyers, double billing comes down to charging more than one client for work completed at the same time. But there are many ways that it can occur. Because there is some case-by-case variability with attorney double billing, some cases are challenging to pinpoint.

To help you, here are some hypothetical examples of common types of attorney double billing to steer clear of:

Charging for work while traveling

One of the most common scenarios where attorneys may double bill clients involves business travel. If an attorney is traveling on behalf of work for a client, it’s reasonable that they may bill for travel time. But, say an attorney spends some of their time sitting on a plane doing billable legal work for another client. That could be considered double billing.

In this instance, if the lawyer spends two hours on a plane for client A while simultaneously doing two hours of billable work for client B, they cannot bill both client A and client B for that same two hours each.

In a situation like this, there are a few potential solutions. The key point to remember is that the lawyer cannot charge for more hours than were actually worked.

Of course, the obvious answer would be for the lawyer not to do work while traveling for client A. Then they only charge client A for the travel hours.

However, they could also use the time productively while offering a cost-savings for both clients. Instead of double billing, the lawyer could potentially bill each client for one hour, for example. The lawyer gets to make the most of their travel time, and both clients win by saving on their legal bills.

Charging multiple clients for the same work

What about if a lawyer has two clients with similar legal issues, and they legitimately need to spend time researching the same topic for both? While it wouldn’t make sense for the attorney to do the identical research twice, they can’t charge for it twice either.

Let’s say an attorney spends two billable hours researching a topic that applies to both client C and client D. In this case, even though both clients benefit from two hours of the attorney’s research, the attorney should not bill both clients for the full two hours each, as this would be double billing.

Instead, the lawyer could bill one client only, or they could bill each client for one hour. Again, this would allow the lawyer to be productive and pass cost savings on to their clients, without double billing.

Inaccurate billing due to administrative errors

There are also instances when clients may be over-billed due to administrative and invoicing errors.

Here are a couple key examples:

• Duplicate invoice submission. When invoices are processed manually, there is an increased risk of errors like an invoice being accidentally submitted (and paid) more than once.
• Time tracking errors or time padding. Whether it’s an innocent mistake due to manual time tracking or an issue of rounding up and time “padding” billable hours, inaccurate time tracking leads to clients paying for more than they actually received. (Hint: Using a timekeeper like the one in Clio Manage can help avoid such errors).

Putting the right tech and systems in place can help eliminate unnecessary billing errors. Read more about law firm billing best practices here.

Why attorney double billing is unethical

While double billing may be challenging to catch—due to the confidentiality of legal billing records and the fact that clients don’t have insight into what their lawyer’s other clients are being charged—it is unethical. Billing multiple clients for the same work is deceitful and a distortion of an attorney’s time and services.

Attorneys are required to comply with the rules of professional conduct for lawyers. While it’s important for lawyers to know and abide by the exact rules that apply in their specific situation and jurisdiction, double billing is undeniably an unethical practice.

In the United States, the American Bar Association (ABA) Model Rules of Professional Conduct outline model rules for legal ethics, many of which have been adopted by individual states. According to Model Rule 1.5 related to fees, lawyers have an ethical responsibility to not charge clients for fees or expenses that are “unreasonable.”

Formal Opinion 93-379 from the ABA’s Standing Committee on Ethics and Professional Responsibility offers further guidance, noting that:

“[in] matters where the client has agreed to have the fee determined with reference to the time expended by the lawyer, a lawyer may not bill more time than she actually spends on a matter, except to the extent that she rounds up to minimum time periods (such as one-quarter or one-tenth of an hour).”

Is double billing illegal?

Attorney double billing is unethical, and can have deep repercussions for lawyers. It can lead to disciplinary action for lawyers from their state bar association. In situations where it’s found to be fraud, you could face legal penalties.

Double billing and client relationships

It’s also important to consider double billing from a client’s perspective. Double billing shows a lack of respect for and transparency with clients. Whether or not lawyers are caught, the practice is antithetical to cultivating strong client relationships—which are key to long-term law firm success. On the contrary, instances where you can reduce fees between clients for similar research can make for a better client experience.

How to prevent double billing with Clio

Understanding the common causes and ethical considerations of double billing goes a long way towards helping lawyers steer clear of instances where they may otherwise have double-billed.

For example, a lawyer who understands that charging two clients for work done at the same time is double billing can consciously make the decision to not do this.

But what about cases where double billing is caused by simple human error, such as when an identical invoice is sent to a client twice, or when extra hours are logged on an invoice incorrectly? While these types of scenarios may not be intentional, they still result in double billing, and clients suffer for it.

The good news is that using the right systems can reduce the risk of human error—minimizing the chance of accidental double billing.

Clio Manage’s legal billing software, for example, simplifies lawyer time tracking, leaving less room for error or accidental time padding. Using Clio to create, send, and manage client invoices removes the worry of accidentally sending duplicate invoices. And, by helping to streamline billing and invoicing workflows, Clio frees up more time for lawyers to dedicate to billable hours for their clients.

Learn more about billing with Clio (and getting paid faster) here.

Final thoughts on double billing

Put very simply, lawyers should only bill for the actual time that they work. Double billing legal clients is not a shortcut to more billable hours, and it’s not ethical.

It may be tempting to bill multiple clients for legal services that they each benefit from. But billing different clients for the same pocket of time goes against the rules of professional conduct that lawyers follow—and it can erode the trust and transparent relationships that today’s legal clients want.

Recognizing the basics of double billing can make it easier for lawyers to spot. When presented with a potential double-billing situation, it’s best to consider how you will ethically invoice each client. And, to avoid unintentional double billing, the right systems can help.

Clio Manage makes legal time tracking and billing easier, which means lawyers can better prevent accidental double billing or time tracking errors.

Lawyers who find themselves in a situation where they’re able to work more efficiently to the benefit of multiple clients can also find new opportunities to deliver value and cost-savings to their clients.

Try Clio for free and see how it can simplify time tracking and billing today.

In shot, Finding new leads is one of the biggest challenges facing lawyers today. For many, the task is confusing and time-consuming—yet, ever so vital to a law firm’s success. With droves of people turning to search engines to look for legal services, it’s crucial to build an online presence that attracts prospective clients in the right place at the right time.

That’s where Google’s Local Services Ads comes in. These ads are a powerful tool for lawyers looking to maximize their marketing dollars. Not sure where to start? In this article, we’ll cover everything you need to know to effectively market your firm through Local Services Ads for lawyers.

What are Local Services Ads?

In short, Local Services Ads are pay-per-lead ads offered through Google that appear at the top of search engine results. They match prospective customers searching for a service with relevant businesses in the same area. The result? Customers get reliable suggestions, while companies see a better return on investment with more qualified leads.

The ads contain the company’s name, phone number, business hours, customer reviews, photo, and a Google Guaranteed or Screened badge (more on that shortly). With one simple click, customers can reach a company by phone or direct message through the ad.

What is the difference between Google Ads and Local Service Ads?

So, what sets Local Services Ads apart from Google Ads?

Google Ads are pay-per-click, which means that you pay when someone clicks on the ad.

Local Services Ads are pay-per-lead, so you pay for leads that contact you through the ad.

The ads are ranked differently, too. Google ads are typically based on factors like:

• Click-through-rate
• Relevance of the ad
• Landing page experience

The ranking of Local Services Ads are calculated based on factors like:

• Distance from the customer’s location
• Company responsiveness
• Number of positive customer reviews

Benefits of Local Services Ads for lawyers

Google rolled out Local Services Ads as a digital marketing strategy for legal practices in August 2020. Among them: bankruptcy law, estate law, and personal injury law. Let’s take a closer look at several of the key advantages that Local Services Ads has since brought lawyers.

Secure a prime spot on the world’s leading search engine

Local Services Ads are displayed at the top of Google’s search results—above pay-per-click ads and organic search results. This means that when prospective clients are looking for legal counsel, your firm is the first thing they see.

Attract qualified leads and cases

Since Local Services Ads are shown to clients in the area that you serve at the exact moment they need your services, they’re more likely to bring in highly qualified leads. Say, for example, that you practice family law in Los Angeles. Your ad will only be shown to those who are looking for family law legal services in this area.

Run ads that fit your budget

Law firms are only charged when a qualified lead contacts them through the ad. This prevents you from paying for clicks from people who are unlikely to need services, making Local Services Ads a great option to fit a small firm’s marketing budget.

Gain flexibility in your campaigns

Local Services Ads gives you the freedom to set a budget based on the amount of leads you’d like to receive each week. You can also pause your ads whenever you need to—for instance, if you have too many cases or are heading out of town for a few days.

Earn trust with a powerful stamp of approval

Law firms must register as a Google Screened business to use Local Services Ads, which appears as a green “Google Screened” checkmark on the ad. By showing that you’ve gone through an extensive background and license check, you’ll establish more credibility among prospective clients.

Take advantage of an easy-to-use dashboard

With Local Services Ads, you can easily track your ad from a dashboard—and receive reports that summarize how it’s performing. Using Google’s online portal or the Google Local Services Ads app, you can also respond to messages, schedule appointments, and more.

How do I create a Local Services Ad for my law firm?

Ready to create your first Local Services Ad? Take these five simple steps to get the word out about your law firm.

1. Check your eligibility. Local Services Ads is only available to lawyers in the US and limited to specific sectors, although this list is growing. You can see whether you’re eligible through Google’s eligibility checker
2. Create your business profile. Next, share your company name, location, and the specific services you offer. This information will be used to create your ad.
3. Set a budget. Develop a budget based on the number of new leads that you want to receive each week. One perk of Local Services Ads is that you can control how much you spend—and increase or decrease the amount at any time. Not sure where to start? Google’s budget tool can help provide a recommended amount.
4. Get verified. Earn your Google Screened badge by submitting proof of your licenses and insurance coverage. This lets customers know that your background and expertise have been verified by Google.
5. Start advertising. Turn on your ads to reach clients in your area who are looking for your legal services. Once a prospective client discovers your firm, it just takes one quick click for them to reach you directly through the ad.

Tips to get more leads on Google Local Services Ads for lawyers

A few simple actions can make a big difference in boosting the success of your Local Services Ads. Timely responses improve an ad’s ranking, so be sure to consistently respond to customer inquiries when they come in. It’s also a good rule of thumb to aim for five or more positive reviews from clients. Finally, ads that use a high-quality image are more likely to rank higher.

Final thoughts on Local Services Ads for lawyers

Local Services Ads are a mighty tool to have in your toolkit if you want to build a stronger online presence. These ads, capture the attention of clients in your area exactly when they’re likely to need your services. On top of that, the cost-effective advertising method provides an added boost of credibility, thanks to a Google Screened badge and the positive reviews it encourages.

Interested in learning more? Discover our Ultimate Guide to Digital Marketing for Lawyers.

Effectively objecting at depositions is a potent litigation strategy. It empowers you to protect your client’s rights, manage the deposition’s scope, and to build a stronger case for trial—but it can also be challenging.

In a deposition, time is of the essence. There isn’t an opportunity to pause and look up what you can object to.

Whether you haven’t yet had extensive experience or struggle to remember the types of questions you can object to, brushing up on the types of deposition objections you can make can enhance your performance in depositions—which ultimately benefits your client.

That’s why we’ve created this deposition objections “cheat sheet.” While it’s essential that you apply your legal knowledge and adhere to your jurisdiction’s rules, our handy guide outlines some of the most common types of deposition objections below.

Deposition objections: A brief summary

Before we dive into the common types of objections you may use at a deposition, let’s first review the basics of their underlying functions.

Protect your client’s rights and interests

The primary goal of deposition objections is to protect your client’s rights and interests during the deposition process. By raising objections to any improper questions opposing counsel asks, you act as a gatekeeper for your client (and their evidence). In doing so, you can prevent your client from providing misleading, inaccurate, or improper testimony during a deposition.

Guide the deposition’s scope and direction

Proper objections also help you better control the scope and direction of the deposition. When you object to improper or irrelevant questions in a deposition, you are able to help protect your client from undue harassment or intimidation, while better ensuring a fair and efficient discovery process.

Preserve objections for future proceedings

It’s also important to note the importance of making proper deposition objections in order to preserve objections for future proceedings. Specifically, if you fail to raise appropriate objections during the deposition (for example, an objection over the form of a question), then you effectively waive that same objection during trial or other future proceedings. By making the right deposition objections, you can ensure that you can challenge the corresponding improper or objectionable evidence or testimony later if you need to.

Deposition objections cheat sheet: Common types of deposition objections

When it comes to a deposition, there are a number of potential objections that may arise. The majority of deposition objections are for form, relevance, or privilege, but there are several more. In the following section, we’ll provide a list of common deposition objections, along with hypothetical examples.

Disclaimer: These deposition objections are designed to provide a helpful starting point and to give you a broad understanding of the types of questions you can object to—the information is not exhaustive and not intended as legal advice. And, of course, not all objections will be accepted. It’s critical that you consult with and stay up-to-date on the legal principles relevant to your practice area, jurisdiction, and specific case to ensure you have a solid understanding of how these objections fit within applicable law.

Form of question

First off, counsel can object to the form of a question in a deposition. This doesn’t necessarily mean that the question itself is improper.

Rather, an objection to form refers to the way that it’s being asked. If a question is vague, unclear, confusing, or incorporates multiple questions in one, this may impact your client’s ability to provide accurate testimony.

Let’s take a closer look at how form can be an issue. If your client is asked multiple questions at once (a.k.a. a compound question), they may get confused or inadvertently answer inaccurately.

Example

• Opposing counsel: “After you and your partner split up, you moved to Seattle and started a new job as a construction worker and your children came to visit you every weekend, correct?”
• You: “Objection, form of question. Counsel has asked multiple questions in one question. Please ask one question at a time.”

In the example above, your client may provide a blanket “yes” or “no” answer, which may not accurately reflect their response to all three statements of what happened after the couple split up.

Note: Different jurisdictions may have different rules for form objections, so be sure to know what applies to you.

Relevance

The next key category of deposition objections is a lack of relevance. This objection ensures the deposition stays focused on what’s relevant to the case, while helping to prevent questions that are unnecessary, potentially harmful, or time wasters.

Questions asked at a deposition must be logically and legally relevant to the matters at issue in the action (or must reasonably be able to lead to the discovery of admissible evidence).

While the relevance objection can be somewhat subjective at a deposition (and generally there is a wider scope of discovery than may be found at a trial), opposing counsel is not entitled to information that strays too far from the issue in question.

Example

• Opposing counsel: “So, are you more of a dog or a cat person?”
• You: “Objection, counsel. That question is not relevant to the matters at issue in this case.”

Privilege

The third key type of deposition objection is privilege, which helps protect clients from having to answer questions that provide privileged information to opposing counsel. This information can include anything confidential or sensitive, or communications that are protected under specific relationships or constitutional rights.

Objections of privilege are typically the only instances when you can tell your client not to answer a question during a deposition.

Privilege objections can be made on a number of grounds of recognized legal privilege, including:

• Spousal privilege
• Attorney-client privilege
• Doctor-patient privilege
• Constitutional privilege (such as Fifth Amendment privilege)

Privilege objections are a good instance of how deposition objections can be key to future legal proceedings. In the example below, asserting attorney-client privilege at a deposition would preserve that objection for a future trial.

Example

• Opposing counsel: “Did you and your lawyer talk about the possibility of settlement during your last meeting?”
• You: “Objection, counsel. That question seeks privileged information.”

It’s also important to note that privilege does have certain limitations and exceptions, so be sure to know what applies to your case.

Asked and answered

Opposing counsel is not entitled to ask the same question over and over again—whether that means asking the exact same question repeatedly or rewording the question (i.e. as opposed to asking follow-up or clarifying questions)—in an attempt to get different evidence from your client.

If your client has already provided their answer, asking the same thing over and over again doesn’t serve a legitimate purpose, and it can ultimately lead to confusion and feelings of harassment or badgering.

Example

• Opposing counsel: “You had to take some time off work following the accident?”
• Plaintiff: “Yes, I took two weeks off.”
• Opposing counsel: “So you took two weeks off following the accident?”
• Plaintiff: “Yes, that’s correct”
• Opposing counsel: “Did you take less than two weeks off following the accident?”
• You: “Objection, counsel. Asked and answered.”

Harassment

In a similar vein, if opposing counsel appears to be harassing, attacking, or questioning a witness inappropriately (such as by asking unduly invasive, irrelevant questions), counsel can object on the basis of harassment. Doing so can help protect your client from potential distress, embarrassment, or intimidation, while also helping to preserve a fair and respectful deposition.

Example

• Opposing counsel: “Your former partner has primary custody of your children, correct?”
• Client: “Yes”
• Opposing counsel: “You didn’t fight for custody? What, so you don’t care about your children?”
• You: “Objection, counsel. The question is harassing and not relevant to this case.”

Calls for a legal conclusion

In a deposition, the deponent is there to provide facts based on their knowledge and personal experience—questions that call for a legal conclusion are not appropriate at a deposition. Typically, the deponent is not a lawyer and cannot make legal conclusions.

But, even if the deponent is a lawyer, that doesn’t necessarily mean that they can be asked to provide legal opinions during a deposition (unless the witness is providing specific expert testimony).

Example

• Opposing counsel: “Do you believe the defendant owed you a duty of care?”
• You: “Objection, counsel. You’re calling for a legal conclusion.”

Calls for speculation

As previously mentioned, witnesses in a deposition should be asked for facts that they know and their own personal knowledge and experiences—not to speculate on hypotheticals, what they would have done, or what they think may have happened.

So, if opposing counsel asks a question that the witness can only answer based on a guess, assumption, or opinion, you may have cause to object.

Example

• Opposing counsel: “What evidence do you think Mr. O’Neil had regarding the defendant’s intent at the time of the robbery?”
• You: “Objection, counsel. The question calls for the witness to speculate on the evidence Mr. O’Neil had. This is beyond the scope of the witness’s knowledge.”

Mischaracterization of testimony

There may be times during a deposition that opposing counsel misrepresents or misstates a witness’s earlier testimony—which can, in effect, attribute a different meaning to what the witness actually said. In such instances, an objection can be raised in order to provide clarity or correct any inaccuracies.

Example

• Opposing counsel: “You stated earlier that you attended the meeting on May 1st, isn’t that right?
• You: “Objection, mischaracterization. My client never stated that they were present at the meeting. He testified that he was not in attendance at the meeting on May 1st.”

Deposition objections cheat sheet: Our final thoughts

The testimony in a deposition can make a major impact on the outcome of a legal matter, and the key to a successful deposition is preparation.

Having a thorough understanding of the most common types of deposition objections—and also having a handy cheat sheet—can alleviate pressure during a deposition and help ensure the process goes smoothly, regardless of your experience.

Of course, while this cheat sheet is a valuable resource, it’s just a starting point. It’s also imperative that you familiarize yourself with your jurisdiction’s rules and regulations relating to depositions and objections. This will help you navigate the deposition process with greater ease, and in accordance with the guidelines that apply to you.

It’s also key to note that deposition preparation starts long before the actual deposition. To this end, Clio’s integration partners provide several options for streamlining the discovery and deposition preparation process.

A few pertinent examples? Logikcull can help to streamline and automate the eDiscovery process, while AgileLaw and FactBox help with managing exhibits and staying organized.

Learn more about our integration partners here.

Voir dire plays a pivotal role in the legal system by seeking to ensure the fair and impartial administration of justice. With its central place in the jury selection process, voir dire is an integral component of trials and the court system at large.

In this guide, we outline the concept of voir dire—what exactly it entails, its history, and its significance. We will also explore the impact of voir dire on the outcomes of legal proceedings, and discuss some tips and strategies for conducting voir dire effectively.

History of voir dire

The practice of voir dire dates back centuries.

The term itself means “to speak the truth” in Anglo-Norman, a dialect of Old French. In the 1760s, William Blackstone discussed voir dire in his Commentaries and described the right to challenge jurors “propter affectum, for suspicion of bias or partiality.” Blackstone lauded the practice as part of the greatness of English law.

Voir dire is equally important in the American legal system today. While the ultimate goal of voir dire is the same as it was 250 years ago, it is important to employ modern voir dire strategies for the modern era.

How does voir dire work?

In American jurisdictions, the particulars of voir dire vary from state to state, as well as between state court and federal court.

However, many elements of the voir dire process are consistent with the following:

• Generally, each potential juror will have filled out an initial questionnaire with some basic information about that person.
• When the jury pool is called into the courtroom for voir dire, the attorneys’ roles are to engage in questioning potential jurors to assess their qualifications, attitudes, and biases.
• The judge will moderate the process and often participate in questioning.

A lawyer can follow various strategies with their questioning. They can pose open-ended questions or hypothetical scenarios. They can seek to elicit personal anecdotes. All of this is done in an attempt to uncover the potential jurors’ true opinions and attitudes.

While the attorneys have the goal of achieving transparency, they must also remain on guard against potential deception by prospective jurors.

The attorneys can object to potential jurors in two ways:

1. Challenges for cause; and,
2. Peremptory challenges.

Challenges for cause are made on the grounds the prospective juror is unfit for jury service. If the judge agrees with the basis for the challenge, the prospective juror is excused. Each side also has a certain number of peremptory challenges, which can be used to eliminate prospective jurors without needing the judge’s approval.

Strategies for an effective voir dire

Conducting voir dire is a difficult task, often as much art as science. Nonetheless, there are several strategies an attorney can follow for an effective voir dire.

Advance preparation

Coming into the jury selection process, you should already have a solid case analysis in place. This means knowing what the trial themes will be, the critical issues, and the weaknesses from your client’s perspective. This will enable you to consider the types of juror biases that will likely affect their view of the parties and the case itself.

One method of enhancing your case analysis is the implementation of practice management software, such as Clio Manage. By keeping all your case-related materials in one place, accessible remotely by all team members, you gain the benefit of streamlining the day-to-day work. With these details handled smoothly—calendaring, document management, task management, and other critical functions—you can focus more easily on the merits of the case itself.

With your case analysis in hand, craft your voir dire questions ahead of time. Even if your wording is not exact, you will want to at least sort out the themes you will need to cover. Think of all the issues that will have an emotional impact on the jurors, and hit on the attitudes and beliefs that will increase or decrease that impact.

Research on potential jurors

Lists of potential jurors in the jury pool should be utilized to conduct as much research as possible.

The research itself should make use of paralegals and trial consultants when necessary.

Social media can be a treasure trove of information, revealing important factors such as occupation, social attitudes, and causes the juror identifies with—or objects to. Technology can help this process considerably, especially with the time constraints of the jury selection process.

Also make use of the information on the questionnaires submitted by the potential jurors. These provide an opportunity to use your questioning time more effectively. In addition, you may be able to identify potential challenges for cause.

Develop rapport with the jury panel

Voir dire is fundamentally a questioning process, but ideally it should not feel like an interview or examination. Instead, the trial attorney’s goal should be to start conversations and develop rapport with the jury panel.

In short, get the prospective jurors to loosen up and start talking, an approach that is more likely to generate candid answers.

Also be sure to spread your questions around, so you are not focusing on only one or a few prospective jurors. You can also start off with group questions, then drill down on specific jurors to elaborate on their responses. This will keep each member of the jury panel on their toes, so they do not withdraw or zone out, while also making the entire voir dire “conversation” seem more natural.

Remember that the rapport you develop here is likely to help during the trial itself. You want the jury to see you as likable and trustworthy. Accordingly, avoid arguments and minimize any negativity during your exchanges. Also note that this is an opportunity to educate jurors about your theories of the case.

Use open-ended questions

Another key element in effective voir dire is the use of open-ended questions. You are seeking to create an atmosphere that encourages the jury panelists to talk. This means avoiding closed-ended questions which prompt one-word answers, such as yes/no or agree/disagree. Instead, pose open-ended questions that call for a narrative and explanation from the potential juror.

Challenges and considerations

Voir dire presents some unique wrinkles that make it a challenging aspect of the legal system.

Balancing client advocacy with jury fairness

While you are obligated to be a zealous advocate for your client, an attorney must also keep in mind some considerations of jury fairness. If your opponent makes a challenge for cause against a clearly biased juror, it may not be in your interests to strenuously oppose the challenge. The entire legal system has an interest in maintaining jury fairness, and the judge may not look kindly on your unreasonable obstinacy.

Achieving jury diversity

Keep in mind that peremptory challenges cannot be used to purposefully exclude jurors of a specific race, gender, ethnicity, or other protected classification.

Accordingly, if your peremptory challenges are being consistently made against jurors of one race or gender, you should be prepared to establish your legitimate reasons for these challenges. The juror statements you elicit in voir dire should help you do so.

Impact of technology

As we mentioned above, the use of social media and online platforms to gather information about jurors presents a great opportunity for trial jurors. However, it also presents some challenges and ethical issues.

Ensure that any online research does not include communication with the jurors. In fact, even if a juror simply receives notification that you have viewed their social media profile, this could raise uncomfortable issues. Employ online research for your jury pool, but be sure to keep it discrete and non-invasive.

Time constraints

Time constraints also pose a challenge for voir dire. There is often a limited amount of time to conduct the research on potential jurors. The jury pool list may not be available more than a few days before trial and, in some cases, is only available when voir dire begins. This can put quite a burden on your trial preparation.

Legal technology can serve you well in this respect. The right software can keep your juror information in one place, accessible from any location, making things easy for the legal team conducting juror research.

Final thoughts on voir dire

Voir dire is an integral part of jury selection, so trial attorneys must understand it well. This means knowing how the process works and the best strategies for performing it effectively. It also entails being aware of some fundamental challenges with voir dire, both logistical and ethical.

As the legal landscape evolves, voir dire can only fulfill its goals of upholding principles of equity if legal practitioners remain aware of contemporary issues and future trends in voir dire. This makes it essential to stay on top of these issues and trends. Some excellent strategies to accomplish this goal are subscribing to updated content on the legal industry, such as Clio’s, or attending legal conferences such as ClioCon.