Litigation is difficult, adversarial work that can feel like nonstop combat, exhausting even to those who enjoy the challenge of conflict. In this article, Len Niehoff recommends the works of ancient Stoic philosophers, whom he believes understood the nature of hardship and agency.

Despite poor economic conditions, law firms intend to raise prices, on average, in 2023. In response, David McVeigh predicts that 2023 will be the legal tipping point— the year corporate legal departments decide that enough is enough and pursue other options.

Corporate counsel positions have historically held a reputation for being less intense than law firm positions, with better hours and more potential for a healthy work/life balance. In this article, however, Henrik Nilsson argues that the lower-stress reputation has been inaccurate for some time, as in-house attorney responsibilities expand further and further.

In this article, James Bellerjeau divides workers into three categories: the "Fair Weather Flock", those to whom "Things Just Happen", and the "I Make Things Happen" group. The "Fair Weather Flock" tend to take credit for their own successes while deflecting blame for their failures. The "Things Just Happen" group consists of members who deal with the hand they are dealt - these folks claim responsibility for neither success nor failure. The last group, the "I Make Things Happen" group, claims responsibility for both successes and failures. This group works hard to seize opportunities and improve, but they also learn from their mistakes. Can you identify which group each member of your team falls into? How might that help you work better with them and help them grow as lawyers?

The legal industry is largely self-regulated, writes Mark A. Cohen, and resistant to change. In this article, Cohen discusses the failings of a legal system that has lagged far behind. He believes that economic forces will compel law firms to adopt technology and processes that put the legal industry more in line with the economies of other sectors of business. This shift should benefit clients and courts alike as law firms become more efficient and effective.

Remote court was— and in some jurisdictions is— a frustrating experience characterized by confusion and malfunction. These frustrations are a testament to the truth that even before the pandemic, the legal industry had fallen behind the rest of the world in understanding and using innovative technology. In 2023, Georgetown Law’s Judicial Innovation Fellowship will place tech experts into courtrooms to look for and provide technological solutions to public needs.

Billable hour requirements are a source of stress for many associates, particularly for two former employees at Larson Latham Huettl, a North Dakota law firm. The firm successfully sued its former associates based on a 2020 employment contract that required them to return part of their salary if they did not meet the billable hour requirement. The firm is apparently so focused upon the hours of work, not the quality, that they sought to recapture salary from associates. This treatment of former associates lays bare the inherent conflict present with the billable hour, which does not promote effective or efficient management for most litigation matters.

Case management is an essential skill for attorneys. In Florida, a group of judges has submitted a report on the civil trial system calling for rule changes that would impose sanctions on attorneys who do not effectively manage their caseloads. The controversial report describes a growing culture of attorney noncompliance, due, in the judges’ opinion, to lack of consequences. The report underscores the need for effective processes and systems to manage litigation efficiently.

Advocacy is most closely associated with grand speeches in the courtroom, but oral advocacy is only one of the skills that goes into effective litigation. In this article, Stephen L. Brodsky gives tips on writing memorably and well in a litigation context.

According to a survey by the Wells Fargo Legal Specialty Group, law firms intend to raise their prices in 2023 by an average of seven to eight percent, citing inflation as the reason for the rate increase. Legal departments have responded angrily, with some questioning that inflation is the true motivation behind the price shift.

Fee structure has a huge impact on a law firm’s financial stability, writes Omar Ochoa, so it’s important to pick the right one from the outset. In this article, Ochoa discusses the advantages and disadvantages of hourly and contingent billing, as well as the potential benefits of alternative fee arrangements.

Despite increased supply and decreased demand, many law firms intend to raise prices in the new year. Roy Strom writes that in the past, the legal industry has not had an identifiable price point that is too high; though legal services have become more expensive, legal providers can still find clients willing to pay their rates. The projected 2023 increase, however, maybe the straw that breaks the camel’s back. Firms wishing to remain competitive may want to consider value-based billing structures to ensure that the relationship with their clients remains strong while remaining profitable.

In this article, Meyling “Mey” Ly Ortiz shares the advice she received from her own mentor: almost every mistake is fixable if caught early enough. Ly Ortiz writes to young attorneys, telling them that mistakes are inevitable, but disclosing mistakes immediately can save the situation.

Litigation finance describes the practice of third parties funding cases in exchange for a portion of potential winnings. In this article, M. Todd Henderson argues in support of litigation finance, framing it as an essential tool providing access to justice for plaintiffs who have good claims but lack the resources to litigate them. While precautions must be taken to protect the client's interests, litigation finance can level the playing field in David vs. Goliath cases.

Leadership, writes Ross Todd, is about listening and building consensus among team members— two talents that transfer well from the courtroom. In this article, Todd shares the experiences of litigators in leadership roles, as well as their advice on developing leadership skills.

Arbitration clauses once enjoyed near-omnipresent status in corporate contracts, but new laws have limited the practice. In light of recent legislation, Neil Peretz and Steven Stein review the costs and benefits of arbitration, arguing that it is sometimes— but not always— appropriate to use an arbitration clause.

Small businesses, including small law firms, are frequent targets for cyberattacks such as phishing scams that target employees unfamiliar with technology. While preventative measures are vitally important, this article gives advice for the days following a successful cyberattack, once preventative measures have failed.

Every attorney, experienced or otherwise, encounters case setbacks. Losing is unpleasant, and in an adversarial industry it can feel career-ending; in this article, Mario Cattabiani advises attorneys to treat case setbacks as valuable learning experiences rather than personal defeats.

For the good of society, every lawyer should be fulfilling the role of upholding the rule of law and restoring faith in our courts. So many Americans' experience with the justice system is frustratingly slow and complex. Lawyers, and especially judges, should be mindful of this reality and strive to make the experience better so that Americans have faith in our justice system. In her role as a municipal court judge, Hon. Victoria Pratt learned first-hand that many defendants pass through the American justice system voiceless, confused by the process and therefore angry at the results. Here, Judge Pratt writes about her commitment to procedural justice and the effects it has had on the people that pass before her bench.

Court went online in 2020, and the switch to remote proceedings created new opportunities for ethical violations. Two states have sanctioned attorneys caught coaching witnesses over instant messaging, one during a remote deposition and one during a remote trial. Though these cases may be outliers, they may also be the first of many similar incidents to come to light.

Settlement negotiations can be contentious, and many attorneys choose to use hardball tactics; however, they must be mindful of the thin line between hardball and criminal. This article discusses an attorney who threatened to reveal a company’s illegal actions to its merger partner, unless the company settled with her client. The company did not settle, the attorney followed through, and the merger partner withdrew. The appellate court labeled the attorney’s threat extortion.

Employers who act as ERISA administrators must share information about plan administration with beneficiaries, their employees; under some circumstances, this rule supersedes attorney-client privilege. In this article, Hon. Karen L. Stevenson outlines how to identify the fiduciary exception and litigate the privilege issue.

Cybersecurity and data privacy are rapidly growing areas of the law, writes Xiumei Dong. While law firms frequently offer those services, they should be sure to inform their existing corporate clients about these services. In failing to communicate, those law firms run the risk of their corporate clients hiring new outside counsel for cybersecurity litigation, rather than giving that business to their preexisting partners.

The 2015 amendments to the Federal Rules of Civil Procedure prohibit boilerplate discovery objections— for example, objecting to every request as unduly burdensome without specifying why— and impose mandatory sanctions for violations. Despite the rule change, writes Brian A. Zemil, many attorneys continue to insert boilerplate objections into their discovery responses. Doing so does not make for efficient or effective litigation practice.

In this article, Mike Madden argues in support of the Association of Corporate Counsel’s "Seat at the Table" Initiative, which calls for 100% of all General Counsel and Chief Legal Officers to report directly to their CEOs and have access to their boards of directors. Madden notes that GC and CLO roles have recently expanded; in addition to legal work, the heads of legal departments also oversee business functions, and so must operate as business leaders.