Why lawyers hide their political leanings

Plus: Court finds that AI prompts are discoverable.

Raise The Bar

Oct 3, 2024 • 4 min read

When law firms combine, they might be missing out on important discussions about culture. Today we delve into how to look beyond the merger paperwork to the people involved. And ahead of the Nov. 5 election we ask: How much of your political leanings are you comfortable sharing publicly? Plus: Check out this high-profile lawyer who is using her clout to launch a music career.

In today's newsletter:

Newly-merged firms ask, "Who are we?"
Acquiring a small firm: The good, the bad, and the files
Court finds AI prompts discoverable
Tips for firms to better serve GCs
The ethics of attorney political donations

Lawyers staying quiet about political support

While some attorneys from large firms were quick to publicly back Kamala Harris when she became the Democratic presidential candidate, a report from Bloomberg Law says the picture is a bit more complicated for law firm attorneys financially supporting Republican candidate Donald Trump. Attorneys interviewed for the article, some of whom declined to be named, stated that they have been less vocal about supporting Trump so as not to draw attention to their firms. The report also noted that lawyers’ financial support for the Democratic ticket has outpaced Republican support in 2024 so far $36.83 million to $6.88 million.

“If I’m doing mergers and acquisitions, what does it matter what my political views are,” one lawyer said. “Why would I advertise that?”

Newly-merged firms face questions about identity

The spate of recent law firm mergers has left some firms asking who they are. An article from Bloomberg Law suggests that questions about firm culture can be an afterthought in merger discussions centered around tangible factors like hourly rates. But a lack of direction about firm culture can alienate attorneys. According to the article, thoughtful discussions about compatibility of partnership structures and other issues, along with simply making an effort to get to know newly-merged colleagues, can help. Read about preventing firm culture clashes.

So you've acquired a law practice. Now what?

When she unexpectedly ended up acquiring the firm of a deceased local attorney, Iowa lawyer Jennifer Zahradnik faced challenges like digitizing decades worth of paper files. The experience taught her that she could use acquisition to grow her firm, though she would not want to do it again under similar circumstances. In a conversation on The Lawyerist Podcast, Zahradnik emphasized the importance of continuity and recommended retaining staff from the prior firm.

For attorneys looking at next steps, she says files should include information to help with the transition.

“If Joe has a grandson that plays travel baseball and he’s super proud of that, put those notes in the file because it helps build that connection faster. … Just having that institutional knowledge is imperative.”

See how one attorney navigated the acquisition transition.

Court rules that gen AI prompts are discoverable

A discovery dispute in high-profile copyright litigation against OpenAI has led to a ruling requiring plaintiffs to reveal ChatGPT prompts, even if they were used in preparation for litigation. Lauren Leipold and Owen Wolfe of Seyfarth Shaw recently wrote for Reuters about the decision from the U.S. District Court for the Northern District of California holding that plaintiff authors waived attorney work product protection by referencing certain prompts in their complaint. In the article, Leipold and Wolfe suggest that legal departments and firms update standard litigation hold notices to account for potential AI-generated evidence and consider the steps to authenticate such evidence in litigation.

Read all the details on Reuters.

Business development for courting GCs

Increasingly, companies’ general counsel are taking on expanded roles emphasizing strategic business advice in addition to legal advice. For firms hoping to build and strengthen relationships with in-house legal teams, cultivating a business mindset is key, writes Vince Cohen of Dechert.

According to Cohen, “By deeply understanding clients’ industries, fostering diversity within teams and embedding a proactive business development culture, law firms can meet and exceed the evolving expectations of general counsels.”

He suggests a number of practices, like investing in business training for firm associates and offering mentoring to in-house clients’ junior attorneys.

Learn how to cultivate a biz-dev mindset.

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