As published in The Daily Report

During this time of year, lawyers may be focused on fourth quarter financials and wrapping up loose ends before the holidays and the new year. In addition to the usually demanding workload, some attorneys may even be considering career transitions or struggling to find time to spend with family and friends during the holiday season. Given that attorneys typically work in high stress environments and face daily challenges, it can be hard to recognize all the opportunities to be thankful for during this season as it pertains to the practice of law. 

Here are some reasons to be thankful to be a practicing attorney in this modern era.

The Availability of Insurance Policies

One thing lawyers can be thankful for is that professional liability insurance coverage is readily available for attorneys and law firms, and there are more options than ever. Insurance companies recognize that law firms and attorneys’ practices can be unique, and law firms are able to customize their coverage.

Law firms and attorneys may consider tailoring the scope of insurance to the particular practice, depending on the scope of practice, the area of practice or the potential benefits for risk management training and other steps. Attorneys can rest assured that insurance companies are thoughtfully considering the complexities of the legal field, adding to the strength of the partnership shared by many firms and their insurers.

Technological Advancements

In this modern era of technology, attorneys have not only reaped the benefits in their personal lives, but their professional lives as well. Smartphones, tablets and laptops are ubiquitous, and their use has been integrated into the daily practice of law. Attorneys may be thankful that it is easier for attorneys to work on the go and even remotely from any place in the world. Gone are the days where an attorney has to entirely cancel a vacation because that attorney must be physically in the office to work on a brief or other project. Evolving technology also makes calendaring and docketing easier and more practical. Further, research tools and trial preparation tools are ever-expanding.

While these technological advances may inspire gratitude, law firms and attorneys may consider steps to ensure that their smartphones, laptops and tablets are protected to guarantee privacy. Most law firms enable IT policies and procedures that:

1. Require that attorneys create complex passwords that are changed periodically;
2. Implement mandatory training sessions regarding various forms of cyberattacks such as phishing or malware attacks; or
3. Require the use of two-factor authentication for virtual private network (VPN) logins for remote access.

In addition, attorneys are encouraged to use strong passwords to make it difficult gain access to their portable devices.

Legal Malpractice Lawsuits Get Due Attention

While attorneys may find it difficult to be thankful when facing legal malpractice lawsuits, attorneys can feel comforted and appreciative that courts appear to pay close attention when assessing malpractice claims. Indeed, based on the decisions in recent years, courts continue to appreciate the complexity of legal malpractice lawsuits, and understand the difficult analysis of the “case within a case.” Although a layperson may incorrectly assume that the mere existence of a potential breach of the legal duty indicates legal malpractice, courts have issued many decisions over the last several years that confirm the understanding that breach, alone, does not equal liability.

Over the last several years, courts have continued to focus on the plaintiff’s burden to prove causation. Attorneys may be thankful that, if they are ever on the receiving end of a claim, they are more likely to be in front a court that will give the issues due consideration. 

Multitude of Pro Bono Opportunities

The legal field is one of the few professions that promotes and recognizes pro bono services. A number of state bars encourage lawyers to provide at least 50 hours of pro bono services each year and contribute financially to legal aid and pro bono programs. To facilitate compliance with that recommendation, the State Bar of Georgia, for example, has initiated the “Due Justice. Do Fifty” campaign, which has expedited volunteer sign-up and placement and created a website that allows attorneys to select pro bono engagements tailored to one’s skills, interests and availability. 

The availability of pro bono opportunities is especially beneficial to junior associates seeking ways to gain practical experience (e.g., drafting pleadings, preparing oral arguments and appearing in court) during the early stages of their careers. Attorneys are not only able to supplement their career advancements and contribute to those disadvantaged in society, but law firms can gain further name recognition in the community through this service.

Notwithstanding the ethical (and arguably moral) obligations to give back to the community, law firms will often still take steps to ensure that their internal protocols–such as conflicts procedures–are followed when attorneys accept pro bono assignments. It can also be helpful to use engagement letters to clarify the nature of the services to be provided and for attorneys to confirm that they are insured for pro bono work.

Finally, in accordance with the relevant rules of professional conduct, attorneys are reminded to be professional and treat their peers respectfully, even in contentious matters. Good manners go a long way and prevent the addition of unwarranted frustrations in an already stressful atmosphere. Keeping these things in mind can help attorneys to be thankful that they chose to enter such a highly regarded profession, even in difficult and otherwise contentious matters.