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Ten Non-Lawyer Books for Lawyers

October 30, 2017 by Ken Levinson Leave a Comment

Last week I had a wonderful time visiting Bar Harbor, Maine, with a very special group of attorneys. While there, one of my favorite activities was hearing about some of the great books that others are reading. So, I figured I’d share some of my favorites here.

Book Cover The Paradox of Choice The Paradox of Choice-Why More is Less by Barry Schwartz
In preparing for my list, this book came to mind; nevertheless, I still picked more than 10 books. We have difficulty making decisions when we have too many choices. Schwartz helps give us insights we can use in our practices, like selecting the number of defendants or theories to use at a trial.

Story: Substance, Structure, Style and the Principles of Screenwriting by Robert McKee

I’ve always been fascinated by how emotionally invested we become during a movie. This book on screenwriting can help us bring our client’s real life story to life so that the jury can truly learn about what our clients have had to endure.

Cover of Metaphors We Live By Metaphors We live By by George Lakoff and Mark Johnson
We all think in metaphors or pictures – such as she has “a mountain to climb” he “broke my heart” and “you’re running out of time.” These mental images also impact our behavior. This book can help us trigger the most effective metaphor.

Cover of Made to Stick Made to Stick: Why Some Ideas Survive and Others Die by Chip Heath and Dan Heath
Whether it’s our trial theme or our law firm’s marketing efforts, we want to be memorable. The Heaths help show us how to make things “stick.”

Influence: The Psychology of Persuasion Influence: The Science of Persuasion by Robert Cialdini
Attorneys, especially trial lawyers, need to be persuasive. Dr. Cialdini identifies the science behind what is persuasive.

Thinking, Fast and Slow Thinking Fast and Slow by Daniel Kahneman
Nobel Prize winner explains how our minds process information. Brilliant explanations of fast, intuitive thought versus slower, deliberative process. Also learn about our cognitive biases and how to improve our thinking.

Cover of Yes, And: How Improvisation Reverses “No, But” Thinking and Improves Creativity and Collaboration Yes, And: How Improvisation Reverses “No, But” Thinking and Improves Creativity and Collaboration by Kelly Leonard and Tom Yorton
Second City members – Using improv to create a better team. Examples of wonderful “games” we can use to build better working relationships and creativity at our law firms.

The Checklist Manifesto: How to Get Things Right Checklist Manifesto by Atul Gawande
Use the technique employed by airline pilots and many others to make sure that we avoid failure. Advice on checklists – make sure they are short and simple. Also, get feedback on those who use the checklists in helping improve them.

The Power of Habit Cover Power of Habit: Why We Do What We Do in Life and Business by Charles Duhigg
How do we create good habits and break bad ones? Learn the habit forming process; cue triggers, routine occurs, reward, and reenforce.

Great by Choice Cover Good to Great & Great by Choice by Jim Collins
These two books look at the the most successful companies to learn what makes them stand out. Great advice we can use in our firms. Such as the misperception that success or failure occur suddenly. Typically, success and momentum occurs over years.

Never Split the Difference Cover Never Split the Difference by Chris Voss and Tahl Raz

Voss, a former hostage negotiator, offers advice on negotiation. A key takeaway is that it’s crucial to strive to make sure you are being fair, even when you must reject an offer.

The Righteous Mind by Jonathan Haidt

Explore the differences between liberals and conservatives and get a deeper awareness of how our moral values differ. For instance, liberals and conservatives look at fairness far differently and a trial lawyer should be away of the best way to frame a case based on the worldview of the jurors.

Presentation Zen: Simple Ideas on Presentation Design and Delivery by Garr Reynolds

Learn how to make better presentations with concepts borrowed from the world of Zen.

Cover of Stumbling on Happiness Stumbling on Happiness by Daniel Gilbert
Lawyers have too high a rate of depression and stress. Learn the science of joy and the many misperceptions that distort the quest for happiness.

Remind your teens about these safe driving habits during National Teen Driver Safety Week

October 19, 2017 by Levinson and Stefani Leave a Comment

It can be hard to sit down after a long day and discuss the merits of safe driving with your kids. Luckily, there’s an entire week dedicated to doing just that.

October 15-21 is National Teen Driver Safety Week, and entire seven days dedicated to promoting safe driving. It’s up to parents and their kids to make the most of it. If you believe what you read, earning a driver’s license is considered a rite of passage. It’s also a privilege, and in our world, it doesn’t hurt to remind teens (or anyone, for that matter) why. Take the opportunity to chat about these best-practices.

Eliminate distractions

Traffic fatalities have risen steadily over the last several years. Experts believe it’s a consequence of more distracted driving behavior. Cell phones have become an inextricable part of our lives, sometimes for the worse. Text messaging and, worse, browsing social media feeds, have led to devastating consequences. A solution: Put your phone on Airplane mode, store it in the glovebox and keep it there. It’s a simple, straightforward way to eliminate temptation and keep your eyes focused on the road ahead.

Never drink and drive

As much as parents like to believe that their teens exercise good judgment the fact remains: temptation is a powerful thing. Luckily, most know that drinking and driving is not only a dangerous choice, it’s also illegal. But that doesn’t mean their friends are thinking the same thing. When I talk to my kids about this very subject, I’m less inclined to talk about their judgment as I am their peers; temptation might be powerful, but so is peer pressure. Reminding your teen to never ride in a car with someone who’s been drinking is as important as teaching them not to drink and drive.

Follow the written and unwritten rules of the road

As driving goes, we depend on the judgment of complete strangers without realizing it most of the time. The road is a shared space, and those who use it are bound by a code of regulations — written and unwritten. That means driving responsibly and defensively, which also means setting a good example. Obeying speed limits, allowing extra time to get from point A to point B, yielding to pedestrians — these are staples of responsible driving that are learned over time. It also doesn’t hurt to let a fellow driver enter a congested intersection, or yield to someone who might be J-walking.

Pay attention to non-drivers

As Jay often talks about, cyclists deserve much more respect than they typically receive. But they also have as much responsibility as drivers to obey the rules. The difference being: One of you is driving a car, the other is steering a foot-operated, two-wheeled piece of graphite. Maintaining slow speeds, and allowing for extra room when passing cyclists or pedestrians is an important part of keeping everyone safe, especially in unpredictable circumstances.

Buckle up

Fundamental and necessary, yet fundamentally lacking among young teens and novice drivers. By not fastening seat belts, drivers and passengers increase the likelihood of injury or even death by a significant percentage margin. That’s a fact, not hyperbole. Buckling up needs to be a reflexive habit, and it goes back to what we said about setting the example. Children learn from an early age to imitate their parents and caregivers, so adults arguably have a greater responsibility to enforce this easily-maintained practice to inform the impressionable minds of young kids, who eventually become young drivers.

We promote safe and responsible driving because we often take legal action against people who do neither. If you’ve been injured in an accident because of negligence, contact our offices for help.

Lawsuit Anatomy: Choosing an Attorney

October 17, 2017 by Levinson and Stefani Leave a Comment

Woman standing in front of question marks.

This post series aims to give current and potential clients information to help them understand the various stages of a personal injury lawsuit. For many of us, hiring an attorney means that a tragic event has occurred in our lives. Whether it be a car wreck, a divorce, or a death in the family, there will be occasions in your life when you need the assistance of an attorney. This can be a very stressful time, dealing with emotional and physical injuries, while also trying to understand what the heck your attorney is saying!

No matter the facts of your case, the first step in the process is to choose an attorney, and there are plenty to choose from. Many clients turn to Google, or a friend’s recommendation, or simply call up the attorney they used many years ago. These methods may lead you to hire a good attorney, however, there are additional qualities to look for in your attorney (and their law firm) that will help ensure you are hiring the best legal representation for your case.

When researching any potential attorney, scour their website for additional expertise such as:

Have they taught any classes or seminars in their field?
Do they belong to any specific organization in their field?
Are they nationally recognized by peers for their work in the field?
Have they been published on a topic in their field?

Beyond the legal expertise, look for character traits that align with your own such as:

Does the firm and its employees volunteer in the community?
Does the firm assist local charity organizations?
Do any members of the law firm have a passion that you also share?

Finally, look at the firm structure. Is there a specific person designated to client services; will you be able to speak directly with your attorney? What is their track record for winning, have they been successful in litigating cases like yours?

Remember, the relationship you form with this law firm could last a few months or a few years, and may require you to divulge very personal information to bring your case to a conclusion. The choice of hiring an attorney is an important one.Be sure to fully research both the attorney and the law firm before you make any decisions. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

The Teal Colored Pumpkin Project is back (and keeping kids safe)

October 16, 2017 by Levinson and Stefani Leave a Comment

One in 13 children are dealing with a food allergy. If you happen to be the parent of one of those children, Halloween can be scarier than hell. Luckily, good people are doing good things and one of the spookiest seasons of the year has become much more tolerable for parents and their kids.

You may recall that Jay’s oldest suffers from a dairy and nut allergy. That alone is enough to keep all of us on guard whenever the Stefani clan stops by for a visit (Lord knows we have peanut-covered everything during the holidays, courtesy of our attorney-friends), but It becomes a point greater due diligence in October when candy practically consumes our everyday existence.

As we gear up for tricks and treats, we refer you to one of our more popular blog posts (What does it mean when you see a teal-colored pumpkin on Halloween?) with the hopes that you’ll consider participating in what has now become an annual program thanks to the people running Food Allergy Research Education advocacy group.

For those with limited time, here’s a primer: The Teal Colored Pumpkin Project is a national campaign created by the FARE, promoting food safety and inclusiveness. During fall, thousands of families participate to raise awareness about the dangers of allergens, but also a way to make those with allergies feel included over the holidays.

Here’s what you can do: Take a pumpkin, paint it teal, and set it on your doorstep. Simple. Doing so indicates that you have non-food treats available, like glow sticks or small toys. Taking part in such a tiny gesture has great significance, as it promotes inclusion for all trick-or-treaters.

Last year, FARE reported that nearly 18,000 households took part in the Teal Colored Pumpkin Project, and the number stands to grow in 2017.

There are several convenient resources available on FARE’s website, including ideas for non-food treats and an FAQ section with details about whether kids do, in fact, like non-food treats (spoiler: They love them!). And if you don’t want to break the bank, FARE has great recommendations for candy-alternatives at Dollar Stores and other cost-friendly chains.

And just for good measure, beyond painting a pumpkin teal, here’s a list of food safety precautions that we put together from our original post in 2015:

Keep your bags separated. One for the candy crew and one for the non-candy crew, and make sure they’re separated with enough distance so one doesn’t contaminate the other.

Though many kids won’t say much more than “trick-or-treat,” it’s worth prodding them for a bit extra. Ask if they’re allergic to anything or give them a choice between a non-food item and a food item.

Diligent parents will keep an EpiPen with them. Scary as it sounds, you never know when you’ll have to administer one, even with a parent hanging out nearby. Nationwide Children’s Hospital put together a great video on the proper protocols. It’s a great intro/refresher on what to do in case of an emergency, especially if you’re a Teal Pumpkin participant.

Buy candy with clear labels and listings of ingredients. You’re thinking this is completely counter-intuitive. And yes, it is, but there are those who won’t be so willing to admit they have an allergy. Should the little devils sneak a piece, their parents should have an easy way to see what the ingredients are as they filter through their bags. This gets a little more complicated when “fun-size” packaging omits ingredient and allergy information from the individual items, instead placing it only on the main bag or box.

Be on the lookout for allergy bracelets. I talked about this in a previous post. They’re visible red flag and they’re important. If something unexpected happens, you can quickly identify the allergy and the proper protocol, assuming the parents have dashed off in another direction (maybe there’s another little goblin in their crew running around).

Consider keeping safe treats at home for an exchange program. Each year, after we finish our trick-or-treat journey, we sit down at the dining room table and go through our daughter’s bag with her, looking for potentially unsafe items. For each one we find, we let her swap it for a safe item. It’s become a fun way to avoid her feeling like we’re just taking her candy.

DePaul Law: Preparing to Practice

October 4, 2017 by Levinson and Stefani Leave a Comment

Jay Stefani at DepauL Law Seminar — Partner Jay Stefani participates in DePaul Law ‘Writing for Success’ panel last year.

They don’t teach business in law school.

That’s a common refrain we hear from lawyers all the time.

Fortunately, they do now. At least DePaul law does. According to their website:

Preparing to Practice (P2P): This year-long, required, 1L course prepares law students to more competitively and competently enter the professional world. P2P introduces 1Ls to the legal profession and provides an overview of the professionalism skills critical for success. For eight weeks each semester, students learn from Law Career Services (LCS) facilitators and practicing attorneys, mostly DePaul Law alumni. Students meet in assigned sections, watch online video modules, attend networking events, participate in mock and informational interviews, and work closely with their LCS advisors.

This Thursday, Jay will contribute to P2P speaking to students on a business of law panel discussing running/managing a law firm, marketing, etc.

We tip our hats to DePaul. In our view, more law schools should be providing business of law curriculum to students. Too many law students and young lawyers are admitted to the practice without even basic foundational business knowledge. For many of these young lawyers, this lack of preparation leads to a premature exit from the practice. Furthermore, lawyers who are ill-prepared from a business standpoint, can unwittingly subject their clients to negative consequences arising from poor business decisions.

Part of our firm’s ongoing commitment to the profession is preparing the next generation of lawyers for practice.

If you’re a law student, and have questions about running/managing a law firm, or anything else related to practicing, please don’t hesitate to ask in the comments below. We’ve been in your shoes. Now we’re here to give back.

How to Choose the Right Personal Injury Lawyer for Your Lawsuit

October 3, 2017 by Levinson and Stefani Leave a Comment

As lawyers who help people grappling with the aftermath of injuries caused by the negligence of others, we often hear the stories of how people go about trying to choose a lawyer. In our view, too many people rely on the wrong factors in making their decision. Jay shared some great tips on hiring a lawyer here. We thought we’d expand on a few of those, particularly as they related to hiring an attorney in the context of a motor vehicle accident lawsuit.

Specific Experience

When it comes to hiring a lawyer, there’s truly no substitute for experience. But not just any legal experience will do. You want to look for a lawyer with specific experience representing clients that faced a similar situation to yours.

While every injury legal situation is unique, you want to find a lawyer with substantial experience with cases somewhat similar to yours.

Unfortunately, this is often easier said, than done. Nonetheless, here are a few tips for understanding the nature and extent of your prospective lawyer’s experience.

Ask them a lot of questions. Interviewing your prospective personal injury attorney is not the time to be shy. Lawyers are bound by rules of professional responsibility. For example, here in Illinois, all lawyers licensed in the state are subject to the Illinois Rules of Professional Conduct. One of these rules, Rule 7.1, states:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

In the context of hiring a lawyer, this rule is designed to protect legal services consumers from lawyers who might otherwise mislead them. Put simply, by rule, lawyers can’t lie or mislead potential clients relating to their service.

While this isn’t a guaranteed protection, it serves as a strong deterrent.

Therefore, when you ask a prospective lawyer about their experience, there is at least some protection against the lawyer lying or misleading you.

You should ask your potential personal injury lawyer questions like:

Do they have experience representing clients in situations similar to yours?
What was the outcome of those cases?
Are they willing to take your case to trial if necessary?
Who are all of the people that will be working on your case?
What is there experience with cases like yours?
How long have they been representing people with cases like yours?
Have they ever faced any disciplinary action?

If you’re looking for a personal injury lawyer in Illinois, you can also research potential lawyers via the Attorney Registration and Disciplinary Commission’s lawyer search tool.

In addition to asking a lot of questions, you should also research your prospective attorney online. Enter their name, firm name, and variations into Google. Do you see happy former clients singing their praises? Do you see negative client testimonials? Most firms should have happy clients on places like Google Maps, Facebook, and Yelp.

Be sure to read several testimonials. Look for testimonials from other lawyers too. Try to distinguish authentic testimonials from those that appear less than genuine.

See what former clients have to say about the service and attention they received from the lawyer.

If you’re an avid social media user, you might also look to see whether you have any mutual connections with the lawyer on Facebook or LinkedIn. If so, ask your mutual connections what their opinion is of the lawyer. This can be particularly useful if a mutual connection has hired the lawyer in the past. Even if they haven’t they may be able to provide some opinion as to the lawyer’s character.

Things to Avoid

Here are some common mistakes that we recommend you avoid in selecting your lawyer:

Don’t hire your lawyer solely based on an advertisement. Whether it’s television or a Google search ad, hiring lawyers based purely on advertisements is a really bad idea. Just because a lawyer spends money on advertising, doesn’t mean that they’re actually the right lawyer for your situation.
Don’t hire your lawyer solely based on awards. Many lawyer awards aren’t worth the paper they’re printed on. In fact, some lawyers promote awards in which the only criterion for winning the award is money.

At the end of the day, you need to choose a lawyer that you feel you can trust. The process for seeking justice following an injury can take a significant amount of time and energy. You’ll want to have some peace of mind that your lawyer is not only competent to represent your interests, but also provides with the service you deserve.