When you're a lawyer, keeping accurate records is crucial. It's not just about good business; it's about protecting yourself from potential disciplinary action and ensuring you can deliver the best service to your clients. A bad record-keeping system can lead to lost files, missed deadlines, and a host of other issues that can land you in trouble.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Jeff Hazen, Assistant Ethics Counsel at The Florida Bar, to discuss records retention Rules and best practices.

Jeff Hazen serves as the Assistant Ethics Counsel for the Florida Bar, with over 16 years of dedicated service. Throughout his tenure at The Florida Bar, Jeff has handled thousands of inquiries on the Ethics Hotline, assessed numerous lawyer advertisements, and issued dozens of staff Ethics Opinions. Jeff is a distinguished alumnus of the University of Florida Levin College of Law.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Ethics CLE credit. Course # 9506.

REFERENCED RESOURCES:

LegalFuel Article: How long should I keep closed file?

LegalFuel: Records Management, Retention, and Destruction Guide

LegalFuel Document Library

• Client Communications Forms and Letters
• Client Fee Agreements and Letters of Representation
• Lawyer Changing Firms

Rules Regulating The Florida Bar – View the Full Set

• Rule 4-1.6 Confidentiality of Information
• Rule 4-5.8 Procedures for Lawyers Leaving Law Firms and Dissolution of Law Firms

Ethics Hotline – 800-235-8619

Ethics Informational Packets

Ethics Opinions by Subject

• Opinion 06-1
• Opinion 10-2
• Opinion 12-3
• Opinion 88-11

Unclaimed Trust Account Funds

LegalFuel: The Florida Bar’s Practice Resource Center

Attorneys and law firms are increasingly being targeted by sophisticated scams, including phishing schemes, fraudulent check scams, wire fraud, and even identity theft. These scams can cause devastating financial losses, erode client trust, and damage professional reputations.

In today’s episode host Jamie Moore welcomes Steve Weisman, lawyer and nationally recognized expert on scams, to discuss why lawyers are such attractive targets and what can be done to protect the legal profession from these threats.

Steve Weisman is a lawyer and nationally recognized expert on scams, identity theft, and cybersecurity. Steve holds a JD from Boston College Law School and a BA from the University of Massachusetts Boston. He is also a professor at Bentley University and is the author of more than ten books, including The Truth About Avoiding Scams, which Smart Money Magazine recognized as one of the year’s ten best money book. Steve earned a Certificate of Merit for excellence in legal journalism from the American Bar Association and he has written columns for USA Today, Bankrate.com, the American Institute of Economic Research, and the Saturday Evening Post.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Technology CLE credit. Course # 9386.

REFERENCED RESOURCES:

• Scamicide
• About Steve
• All Books – Steve Weisman - Amazon
• Beware of Scam Emails Targeting Lawyers [Florida Bar News]
• FBI Issues Alert on Fake Lawyers Scamming Crypto Victims [Florida Bar News]
• Scams and Phishing Attacks Powered by AI [American Bar Association]
• What we know about the cybercrime group Scattered Spider [Cybersecurity Dive]
• State-of-the-art phishing: MFA bypass [Talos Intelligence]
• SIM Card Swap Scams [National Cybersecurity Alliance]
• LegalFuel: The Florida Bar’s Practice Resource Center

Many attorneys have now been working fully virtual for years. During the pandemic most firms experimented with different levels of remote or hybrid work models. For some it worked well, and they continued, but other firms chose to return to the office. While supporters of remote work point to increased flexibility, autonomy, and efficiency, critics worry about the loss of mentorship opportunities and the potential impact on productivity and quality.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Marelize Dingman, of Florida Appeals, to discuss the key to running a successful law firm without a physical office.

Marelize Dingman earned her BA in Social Work from the North-West University in South Africa. After moving to the United States, she was hired at the firm Palmer and Palmer P.A. Following Bill Palmer’s appointment to the Fifth District Court of Appeal, Marelize joined another well-respected Orlando law firm and began managing large corporate events and promoting South African musical artists. When Bill Palmer returned to private practice, Marelize was thrilled to join him and the whole Florida Appeals team as their Firm Administrator.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit. Course #9354.

REFERENCED RESOURCES:

• Florida Appeals
• Marelize Dingman
• Beyond Brick and Mortar: The Evolution and Impact of Virtual Law Firms (NYSBA)
• How to Work Remotely as a Legal Professional: A Guide (Clio)
• LegalFuel: The Florida Bar’s Practice Resource Center

Succession planning is vital for any law firm, but it's about more than just retirement. It ensures business continuity through the expected transitions and the unexpected ones like incapacity, death, or disaster. For solo and small firms, it is critical to uninterrupted client service, while also maximizing firm value.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Tom Lenfestey, of The Law Practice Exchange, to discuss succession planning.

In his role as the Founder & CEO of The Law Practice Exchange, Tom’s goal is to guide lawyers through the next chapter of their legal career, whether that’s succession planning, exit planning, or strategic growth through law firm acquisition. As a respected leader in law firm sales, Tom has guided The Law Practice Exchange to be the leading marketplace and expert team specializing in aiding attorneys and law firms in buying and selling law firms through continuation, exit and succession strategies. Its mission is to provide education and essential services to facilitate seamless law firm sales and acquisitions and lawyer transition planning.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE. Course # 9312.

REFERENCED RESOURCES:

• The Law Practice Exchange
• Selling Your Practice with Tom Lenfestey (Podcast)
• Selling Your Law Practice: Insights from Tom Lenfestey on Building a Saleable Business (Podcast)
• How to Value Your Law Firm with Tom Lenfestey (Podcast)
• Rule 4-1.17 Sale of Law Practice
• Florida Bar Ethics Informational Packet: Notifying Clients of Change in Firm Composition
• Florida Bar’s Ethics Informational Packet: Of Counsel
• ABA LPM: Succession Planning for Your Next Firm Administrator
• A Guide to Law Firm Succession Planning: From Emergency Plans to Exit Strategies
• Checklist for Lawyers Retirement, Law Office Closure, Or Law Firm Dissolution
• The 16-Pager: How to Avoid Boredom in Retirement with the Greatest of Ease (ABA Journal)
• Book: Designing a Succession Plan for Your Law Practice: A Step-by-Step Guide for Preparing Your Firm for Maximum Value (Amazon)
• Book: Younger Next Year – A Guide to Living Like 50 Until You’re 80 and Beyond (Amazon)
• Book: Traction – Get a Grip on Your Business (Amazon)
• Succession Planning Guide
• LegalFuel: The Florida Bar’s Practice Resource Center

The use of generative artificial intelligence by lawyers has shown enormous potential for efficiency, quality, and improved client service, but it also requires the careful consideration of ethics, data security, and an understanding of the degree of human supervision needed. Agentic AI is now emerging and could further transform the business of law.

In today’s episode host Christine Bilbrey and Jamie Moore welcomes Tom Martin, of LawDroid, to discuss the impact of Agentic AI on the business of law and the future of law practice.

Tom Martin is a Generative AI expert who serves as CEO of LawDroid, Principal of Deep Legal, and Adjunct Professor at Suffolk Law School, where he literally wrote the textbook on AI and legal services. As an ABA Legal Rebel and Fastcase 50 Honoree appointed to the ABA Center for Innovation, he's transforming the legal industry through his companies, teaching, and speaking at major conferences like ABA TechShow and LegalWeek.

A Yale and UCLA Law graduate, Tom hosts the LawDroid Manifesto podcast and conference while making a dent in the universe from his home in Vancouver, Canada.

You can follow Tom's writings and podcast at: lawdroidmanifesto.com.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Technology CLE credit. Course # 9290.

REFERENCED RESOURCES:

• Tom Martin, Founder and CEO of LawDroid
• LawDroid Manifesto
• Thinking Like a Lawyer: Agentic AI and the New Legal Playbook
• AI Agents: What Are They, How Do They Work, Why Should I Care?
• What is Agentic AI, and How Will It Change Work?
• Agentic AI and Legal: How It’s Redefining the Profession
• Enhancing Efficiency and Client Service with Legal Tech Tools
• Why Agentic AI is the Architect of Autonomy
• Harvey Launches Deep Research for Legal
• LawDroid Launches CiteCheck AI, a Fail-Safe Against AI Citation Hallucinations
• 10 Agentic AI Use Cases for Contact Centers
• CoCounsel: The Industry-Leading GenAI Assistant for Professionals
• Zapier AI
• Anthropic: AI Research and Products That Put Safety at the Frontier
• The Florida Bar Guide to Getting Started With AI
• LegalFuel: The Florida Bar’s Practice Resource Center

Handling sensitive client data and funds has always come with some risk, but now with cyber threats on the rise, attorneys need to be even more proactive in protecting their practice and clients. Maybe you have already considered getting cyber insurance but don’t know what you need to look for in a policy? In addition to covering the costs associated with data breaches and ransomware, having cyber insurance protects your firm and clients and can even improve the delivery of legal services by offering attorneys some peace of mind.

In today’s episode host Christine Bilbrey welcomes Cathy Agacinski, attorney and insurance expert, and Troy Riley, a cybersecurity consultant, to discuss all things cyber insurance.

Cathy Agacinski graduated from Fairfield University with a Bachelor of Science in Finance and earned her Juris Doctor from Stetson University College of Law. She has been licensed as an attorney in Florida since 1992, and she is Board Certified in Workers’ Compensation and a Florida Bar Certified Circuit Court Mediator. She is also licensed in New Jersey and has experience as both a practicing attorney and insurance agent.

Cathy is a shareholder at Silver & Agacinski, P.A., where she focuses on insurance disputes, representing injured workers and handling personal injury cases. She is also an agent and owner of 3 Generations Insurance Agency, specializing in professional liability and cyber insurance. Cathy also serves on the Florida Bar Standing Committee on Technology and the Workers’ Compensation Rules Advisory Committee.

Troy Riley is a cybersecurity consultant with over 22 years of experience. He holds a Master of Science in Cybersecurity and a Bachelor of Science in Management Information Systems from the University of South Florida. Troy holds many professional certifications including the Certified Information Security Manager (CISM), Certified Information Systems Auditor (CISA), and Project Management Professional (PMP). He has expertise in legal liability, manufacturing, healthcare, automotive & transportation, incident response readiness, security program assessments, and vulnerability management.

Troy is a member of the Information Systems Audit and Control Association (ISACA), the SANS Institute for Cybersecurity training, and the National Cybersecurity Alliance.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 1.0 hour of Technology CLE credit. Course # 9232.

REFERENCED RESOURCES:

• 3G Insurance
• Cybersecurity Committee Co-Chair Recommends Insurance to Protect Against Ransomware Attacks [Florida Bar News]
• New Florida Bar Guidelines Offer Framework for Law Firm Cyber Resilience [Florida Bar News]
• The Importance of Cyber Security Insurance for Law Firms [Clio]
• Cyber insurance for the legal industry [Coalition]
• What You Need to Protect Your Firm From Cyber Threats [LegalFuel Guest Post]
• LegalFuel: The Florida Bar’s Practice Resource Center

Practicing law is stressful, but lawyers and judges who are involved in cases where the parties have experienced trauma may find themselves deeply affected by the individual’s trauma and can even experience post-traumatic effects themselves. Just as a victim experiences trauma in a way that can leave long-term post-traumatic effects, their lawyer’s ability to provide competent legal assistance can also be affected. The cumulative effect of this secondary trauma experience on lawyers or judges over time is known as vicarious trauma.

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Libby Clark and Dr. Kerry Murray O’Hara, the co-founders of The Humanized Lawyer Project, to discuss Vicarious Trauma and the impact on attorneys.

Elizabeth Clark is a passionate advocate for systemic transformation in the legal profession and is a co-founder of The Humanized Lawyer Project, a groundbreaking initiative created with Dr. Kerry Murray O’Hara aimed at helping lawyers reclaim autonomy and resilience in a profession prone to burnout and systemic dysfunction. Ms. Clark served as the Co-Chair of the landmark New York Attorney Well-Being Task Force from 2021 to 2022 and as the inaugural chair of the New York State Bar Association Standing Committee on Attorney Wellbeing. She received her JD from Albany Law School and is a member of the New York State Bar. She specializes in real estate development, finance, and operational strategy.

Dr. Kerry Murray O’Hara is the Clinical Director & Founder of DBT Wellness & Psychological Services in Saratoga Springs, NY. She has over 25 years of Clinical Psychology experience in various settings including inpatient, residential, forensic, outpatient, and academic. Dr. O’Hara’s area of expertise is Dialectical Behavioral Therapy, a highly researched and evidence based psychological treatment. Dr. Kerry received her doctorate from the California School of Professional Psychology and has held clinical positions at Boston University School of Medicine and McLean Psychiatric Hospital, Harvard Medical School. During the past 8 years, Dr. O’Hara has focused on the mental health crisis and wellness related to the field of law and has been named as a clinical consultant to the New York State Bar Association Lawyer Taskforce for Lawyer Wellbeing. She currently sits on two working subcommittees for the Wellbeing Taskforce addressing Occupational Policy and Wellness Programing.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 0.5 hour of Ethics CLE credit and 0.5 hour of Mental Health and Wellness CLE credit. Course # 9087.

REFERENCED RESOURCES:

• Attorney Wellness & Consulting
• The Humanized Lawyer Project
• Trauma, Mental Health and the Lawyer - New York State Bar Association
• Finding the Compassion Balance: Mindful Lawyering & Vicarious Trauma (Webinar) - New York State Bar Association
• Report and Recommendations of the NYSBA Task Force on Attorney Well-Being (New York State Bar Association)
• Task Force on Mental Health and Trauma Impacted Representation (New York State Bar Association)
• Trauma-Informed (As a Matter of) Course by Natalie Netzel (American University Washington College of Law)
• The Impact of Secondary Trauma in the Legal Profession (LegalFuel Podcast)
• LegalFuel: The Florida Bar’s Practice Resource Center