1. Finding Your Happy Place as a Tech Lawyer Sarah Kerber
Finding Your Happy Place as a Tech Lawyer Sarah Kerber Peter Ku Maki Arakawa Ali McKay
© Summit Law Group 2018

2. Introduction Ali McKay Maki Arakawa Summit Law Summit Law Sarah Kerber
T-Mobile
Peter Ku
Summit Law

3. Why are Lawyers . . .

4. Why are Lawyers . . .

5. Mental Health & Ethics Substance Abuse:
Problem drinkers: 20% of lawyers and 32% under the age of 40 (ABA study and NYT article)
Mental Health: 
Levels of depression (28%), anxiety (19%), and stress (23%) among attorneys were significant (ABA study)
Depression levels are 4x general population (ABA study)
Relevant RPCs:
Misconduct – RPC 8.4
Communication – RPC 1.4

6. Ethics Violations in WA 2017
Even More Ethics
Ethics Violations in WA 2017 
Most common rule violations by category: 
“Unsatisfactory Performance”: 41%
“Personal Behavior”: 20%
Most common relevant RPCs violated:
15.5% - Professional Misconduct - RPC 8.4
11.7% - Communication - RPC 1.4
8.7% - Diligence - RPC 1.3

7. Misconduct (RPC 8.4)
It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (i) commit any act involving moral turpitude, or corruption (n) engage in conduct demonstrating unfitness to practice law.

8. Communication (RPC 1.4)
(a) A lawyer shall; (1) promptly inform the client of any decision of circumstance with respect to which the client's informed consent, as defined in Rule 1.0A(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

9. Diligence (RPC 1.3)
A lawyer shall act with reasonable diligence and promptness in representing a client.
Comments:
[1] The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.
[2] A lawyer's work load must be controlled so that each matter can be handled competently.
[3] Perhaps no professional shortcoming is more widely resented than procrastination

10. Pushy
Hey Sarah. This is Peter Ku with Business Development. How are you doing? It’s been some time since we spoke. Listen, I am working on a deal that I would like to close by the end of the quarter, which I realize is next Friday. However, it’s not a complicated deal. There’s a lot of money involved though. I have attached a redline. I know you haven’t seen this deal yet, but we started with our standard form (which is what legal prefers, right?). This is their first redline back to us. I have read it and I don’t see any issues at all, but, of course, I need legal sign-off. Because this is an important deal that we want to get closed by quarter-end, I have copied the Vice-President of our business division and your manager on this . Can you let me know when you can have this done for me? The sooner, the better.

11. Challenges of being an in-house lawyer
Cost center vs. revenue generator
Who is your client? (RPC 1.13)
Maintaining attorney-client privilege (RPC 1.6)
Generalist vs. specialist
Duty of competence (RPC 1.1)
Volume, no support
Duty of diligence (1.3)
Lawyer as advisor (2.1)

12. Organization as Client (RPC 1.13)
(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.
(b) If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law.

13. Competence
Maintaining Competence [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
RPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Legal Skill and Competence [1]: In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.
Maintaining Competence [8]: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
As a generalist, need to be competent in a broad array of areas. Difficult to do that when there aren’t inhouse resources, such as other lawyers, westlaw, etc. Try to be purposeful in taking CLE and leveraging outside counsel when expertise is needed.

14. Confidentiality of Information (RPC 1.6)
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
Having to handle business issues as a business partner but also needing to be mindful of not losing privilege.

15. Conflicts of Interest Current Clients (1.7)
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
Former Clients (1.9)
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.
Who is your client? VPs and other executives may think you are their lawyer, but its actually the organization as a whole that is your client.

16. Some Suggestions . . . Mindfulness and Meditation Motivation Style
Apps: Buddhify, Insight Timer, Smiling Mind
Classes
Motivation Style
Gretchen Rubin’s Four Tendencies: Questioner, Obliger, Rebel or Upholder
and Workload
Tips: VIP notifications

17. Citations Ethics Meditation and Motivation Email Management
Mental Health
ABA study: The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys:
Ethics
2017 WSBA Discipline Report:
RPCs:
Meditation and Motivation
Gretchen Rubin - Four Tendencies. Take the quiz:
Use the strategies:
Book: The Anxious Lawyer, Jeena Cho et al.:
Management
Use VIP Settings:
Manage volume:

18. Thank You