Practice Management

Watching the lawyers involved in numerous high-profile trials, from the various Trump cases to the Michigan mother of the school shooter, causes me to wonder: just how much do these lawyers actually believe what they’re advocating?

The practice of law can be highly disingenuous. As a friend of mine once put it: “Sometimes I feel like a prostitute where I’m assuming a position in exchange for a fee.”

Being a lawyer brings innumerable variations on this theme, some more
Continue Reading Law as a Career

This is a personal rant. I’ll admit it right off. This is Erin Ogden’s opinion, and I am oddly overly vehement about it. The topic? Flow state.

What?! Yeah. Flow state. Read or listen to any productivity how-to and it will tell you about the magical state of “flow.” You must reach it. It is a wondrous place where every light is green, every library book is available for check out, and every size is in stock. If you
Continue Reading Fight Against The Flow

In an increasingly digital age, our lives are intricately woven into the fabric of the online world. From financial accounts to cherished memories captured on social media, our digital footprint holds a significant part of our legacy. Yet, many individuals overlook the importance of including digital assets in their estate planning. Let’s explore why safeguarding your digital assets is crucial and how to ensure they are part of your comprehensive estate plan.

1. Understanding Digital Assets:

Digital assets encompass
Continue Reading Preserving Your Digital Assets

Note: Creepio, an AI, is a featured player among Auralnauts.

The current infatuation with Artificial Intelligence (AI), especially at the state bar which is pushing CLEs about how lawyers need to get on the AI bandwagon, is generally an un-serious infatuation with a marketing concept.

AI and LLM – language learning models, on which much of recent AI is based – has nothing to do with accuracy. So, for a legal practice or any kind of professional activity
Continue Reading Limits of AI and LLM for Attorneys

(part 2 of 3)

This post is the second part in a series on the Corporate Transparency Act. Feel free to check out Part 1 here. The last post talked about how a beneficial owner under the Corporate Transparency Act (Act) can be any individual who exercises “substantial control” over the company. This post focuses on the second requirement: “any individual who, directly or indirectly, owns or controls at least 25% of the ownership interests in the company.”
Continue Reading The Corporate Transparency Act is Here. Now What About Ownership Interests?

We have habits (good and bad). We have routines (intentional and non-intentional). But rituals? Maybe not so much.  Setting and implementing goals can be pretty stressful. Anxiety often rides along on any journey to a goal – especially those goals involving growth (personal or business). If it is causing growth, it is causing you to push and stretch. That almost always means stress. So, if we opt to set growth goals (and you know I do), how can we
Continue Reading Rituals Aren’t Just for Year End

Behavior activation is a branch of psychology focusing on how one’s environment shapes their actions and their mental health. By deliberately practicing certain behaviors, you can activate an emotional state. Go for one of the positive ones because that can lead to virtuous cycles. The opposite leads to vicious cycles, and ain’t nobody got time for that. By simply acting, you actually start finding yourself in the situation that leads to the desired feeling – including one of feeling
Continue Reading Do; be. Do; be. Do.

“The single biggest problem with communication is the illusion it has taken place” – George Bernard Shaw. ​​
When meeting with prospective clients or when going over paperwork, retainers, contracts, etc., attorneys often discuss the “attorney client relationship.”

Morally, our clients deserve to know the bounds of the representation about to be provided, and ethically, we have a duty to talk about what that relationship is going to look like going forward.1

However, as a profession, attorneys often
Continue Reading Communicating with Clients in the Digital Age

Another day, another misuse of ChatGPT. A Colorado attorney was fired from his job after using, and suspended last month for one year and one day (with all but 90 days stayed, subject to probation) because he used, ChatGPT to prepare a motion. As with other lawyers who’ve gotten into trouble for misusing AI, Zachariah Crabill filed the motion without verifying that case citations were accurate. Lo and behold,  they were not.
 According to the Colorado Supreme Court decision
Continue Reading The First Rule Of Messing-Stuff-Up Club: Don’t Blame the Intern

First, read my article about goals published by the State Bar of Wisconsin. Back already? Great! I’ve convinced you that goals matter. They help guide priorities. They provide freedom, catalysts, and momentum. So, let’s get started.

What makes a good goal? I’m sure you’ve heard of SMART goals, but I encourage you to take SMARTIES.

S – Specific
M – Measurable
A – Actionable
R – Relevant
T – Time Bound
I – Intrinsic
E – Extra
S –
Continue Reading Go Goals, Go! 

We have to treat our time like a precious resource. It has to be used effectively.

First, let’s look at what we are doing right now, and which of those things we shouldn’t be. Welcome to the Eisenhower Matrix or the 4 Ds. Which things are Do, Delay, Delete, or Dump? Put another way, divide your tasks into: Urgent/Important, Not Urgent/Important, Urgent/Unimportant, and Not Urgent/Unimportant.

Urgent/Important = DO 
Not Urgent/Important = DELAY (Distractions) 

Urgent/Unimportant = DELEGATE 
Not Urgent/Unimportant =
Continue Reading Divide and Conquer Your Time Sinks

Data breaches have become a common occurrence in today’s digital age. With the increasing reliance on technology and the vast amount of sensitive information stored online, companies are facing a growing threat of cyberattacks. These data breaches may result in financial losses, but, further, they may also expose businesses to potential lawsuits from people or organizations who have been affected, as well as penalties from regulatory bodies.
A company can take proactive measures to prevent data breaches to protect
Continue Reading How Can Companies Defend Against Lawsuits Following Data Breaches?

[Continuing our theme from last week.]

Another lie is that we can multitask. We’ve all done it; we’ve tried to do two things at once. Reading email while on a phone call, filing documents during a webinar, direct messaging while writing a memo. We think “Look how busy I am! And I got two things done at once!” But what we forget is that it comes at a cost. Studies have shown that found it takes 23 minutes
Continue Reading Hidden Stress of Multitasking

Perhaps you’ve seen the meme that tells us that we all have the same number of hours in our day as Beyonce, and look at all that she has accomplished so get going. Clever, but the meme doesn’t include that she doesn’t wake up in the morning and say, “Hmm, what am I going to do today?” And she doesn’t do it alone. What does she have? Plans and people. Guess what? So can you.

We all have stories
Continue Reading The Lies We Tell Ourselves

Aug. 24, 2023 – The State Bar of Wisconsin has recently made changes to its email security to better protect against spam, fraud, and phishing attempts.

Each email received by the State Bar is examined to make sure that the incoming email is being sent from a recognized and valid source.

For those that do not appear to originate from a recognized and valid source, it may mean emails that are rejected or delayed in their delivery.

That creates
Continue Reading Problems with Emails to the State Bar? Please Update Your Email Security Settings

I read Influence Is Your Superpower by Zoe Chance earlier this year. One of my big takeaways was a concept I had read about other places but I liked her description best. There are two processes for processing thoughts. System 1 is mostly monitors for threats and opportunities. It is mostly controlled by the amygdala, which means it is a lot of emotion and actions unconsciously and automatically. It bypasses the neocortex. She calls this Gator Brain.

System 2
Continue Reading Get Out of Gator Land