Lawyers v. Trump

Are we witnessing a Constitutional crisis or simply the effects of a politician enacting their policy agenda? Either way, lawyers are playing a key role, and we’ve got a link to the litigation tracker that proves it. And be sure to check out our interview with a lawyer who has found a unique way to strike a balance between life and career. 

Plus, we’re covering:

• Meta’s new content moderation policies and the lawsuits that will follow
• How attorneys leaving the federal workforce are changing the legal job market
• A look behind the curtain of the claims industry
• What happened to the attorney who dared sue Morgan & Morgan over their ubiquitous advertising

'If you work with your mind, rest with your hands.'

Taking a job in the construction industry is not what most lawyers do to launch their legal careers, but Michael Austin is not your typical attorney. While Austin is now a managing partner at Conte, Clayton & Austin, a business, real estate, litigation, estate planning, and probate law firm with offices in New Jersey and Florida, he has discovered that stepping away from the office and working with his hands makes him a better advocate for his clients. –Emily Kelchen

Your path from law student to managing partner was not as straightforward as most people would imagine. Explain how you went from building homes to building a law practice. 

Construction started as a summer job for me in high school when I was hired as a laborer by a local site work contractor. I really enjoyed it and continued working there during summers and on breaks during college. After law school, while my classmates were chasing clerkships and entry-level jobs, I took a different path and worked as a project engineer (just by title—I don’t have an engineering degree) for one of the largest heavy construction companies in my area. I had the opportunity to work on some interesting projects while working there.

After a while, though, I felt like I was missing out on something, so I got a job at a [law] firm handling business and real estate transactions. A few years later, I realized that to be a well-rounded, effective advocate for my clients, I needed to switch firms to get litigation experience. Now I maintain a practice balancing both transactional and litigation work focused primarily on business matters, commercial real estate and estate disputes. 

Do you see any crossover between the two industries? 

Construction is a very logical, step-by-step vocation. Every step and every move matters in terms of timing of events, delivery of materials, scheduling and then ensuring that every step is executed correctly. I’ve adopted some elements of this approach in my law practice. I like to make checklists of the major and minor milestones. I then carefully plan strategies and contingencies from the beginning of our cases and revisit those plans to make “field adjustments” as the matters progress. This sort of attention to detail and flexibility is important in both industries because an error or miscalculation in the early stage might not be immediately obvious, but might be catastrophic in the end. 

It seems like you have found a mixture of activities that keep you balanced.

A while back I heard a quote that really stuck with me. It goes something like, “if you work with your mind, rest with your hands.” I have found that I do my best legal work when I make time to practice my hobbies or try something new. 

Thinking Out Loud. Why are so many musicians facing copyright lawsuits? A closer look at the legal battles shaping the music industry.

That View Though. A juror’s-eye view of Portland … plus an unexpected risqué photo shoot.

Inbox Priorities. Matt Margolis, known on Instagram as @itsmattslaw, shares a painfully relatable trick for deciding whether an email is actually urgent.

Always On Call. Would you ever agree to be someone’s permanent attorney? The pros and cons of 24/7 legal representation.

Frost Yourself. A little bling for the family law attorneys out there—because nothing says "prenup" like a custom ice pendant.

Government lawyers go private

The latest presidential transition has triggered an unprecedented exodus of federal government lawyers into the private sector. Legal recruiters report the surge in job-seekers is impacting the entire legal hiring market. And to nobody’s surprise, senior-level attorneys with strong reputations and niche expertise are finding placements faster than generalists. However, some companies and firms are wary of hiring former regulators from the Biden administration, given the current political climate. 

Why this matters: Law firms that navigate this hiring wave wisely can strengthen their practices with top legal talent, particularly in high-demand areas like national security, antitrust and white-collar defense. (ABA Journal)

Fact check not required

Last month, Meta announced that it was ending third-party fact checking, limiting restrictions on political content and allowing for more unfettered speech on Facebook and Instagram. The company framed it as a course correction; admitting it was overly cautious in the past. But the move has drawn criticism from those who say the updated policies turn the platform into a place where hate speech and discrimination can thrive. 

Why this matters: One way to measure the impact of this policy choice is monitoring the dockets for an uptick in defamation cases. (Law.com) 

How lawyers find their career paths

Ever wonder how someone got into a particular area of law? Attorney Meghan Henry, host of the Claims Never Sleep podcast, does a deep dive on this topic. She interviews people from a wide variety of industries who all handle claims, and her first question is always how they got where they are. But the conversation doesn’t stop there—each episode usually includes interesting information about how a particular company approaches claims. Start with the recent episode featuring Cade Williams, the assistant VP of risk management at Marriott Vacations Worldwide, to get a taste of the behind-the-scenes info guests offer. 

Why this matters: Whether you're exploring a new practice area or looking for insider insights, these conversations offer valuable perspectives on career paths and industry strategies. (Claims Never Sleep)

Personal injury lawyer backs down in ad lawsuit

An Arkansas personal injury lawyer who sued industry giant Morgan & Morgan over its aggressive advertising tactics has dropped the case. Lawyer Jody Shackelford accused the firm of running advertisements with “dramatizations” and testimonials from clients in violation of the rules of professional conduct. He claimed the ads caused him to lose clients.

Why this matters: The dismissal of the case, particularly after Morgan & Morgan’s motion for sanctions, serves as a cautionary tale. Lawyers need to know how to draw a line between aggressive advertising and potential ethical violations… and between legitimate claims and frivolous wastes of time. (Reuters)

Thank you for reading Raise The Bar.

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Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.