This Digital Marketing Firm Wants To Be A Part Of Your Team – Above the Law

Seth
Winterer,
CEO,
Digital
Logic

Seth
Winterer
was
chugging
along
as
a
top
performer
at
a
large
marketing
firm
when
he
decided
there
had
to
be
a
better
way.

He
realized
the
price
of
growth
is
often
paid
by
the
clients,
so
he
founded
Digital
Logic
in
Shreveport,
Louisiana,
a
digital
marketing
firm
less
concerned
with
scaling
up
and
more
concerned
with
bringing
its
proven
methodology
to
smaller
law
firms
in
the
most
integrated
way
possible.

As
shown
by

numerous
case
studies
,
Digital
Logic’s
approach
gets
results.

For
example,

WeedenLaw
,
a
two-attorney
criminal
defense
firm
in
Denver,
increased
its
organic
website
traffic
by
400
percent
after
becoming
a
client.

Above
the
Law
recently
chatted
with
Winterer,
Digital
Logic’s
CEO,
about
his
vision
for
the
ideal
marketing
firm.


ATL:
Tell
us
about
your
background.


SW:

In
2004,
I
became
one
of
the
early
employees
of
an
online
marketing
company
that
grew
to
about
2,500
people.
In
2010,
we
went
public
on
the
Nasdaq.
The
company
is
still
going
today.

When
the
company
was
smaller,
I
could
make
more
of
a
difference
for
my
clients
and
get
things
done
fast.
We
had
a
great
ride,
but
I
decided
to
shift
gears.
I
left
because
there
were
so
many
situations
where
a
client
had
specific
needs
and
I
felt
the
company
had
lost
its
ability
to
truly
customize
its
services.
Everything
would
have
to
go
through
a
lengthy
approval
process.
With
more
and
more
silos
within
the
different
divisions
of
the
company,
the
process
got
longer
and
longer.
I
always
told
myself
that
if
I
wasn’t
having
fun
anymore,
and
not
delivering
the
level
of
performance
needed
for
my
clients,
I
would
do
something
else.

It
was
also
a
new
chapter
in
my
life,
my
first
son
had
just
been
born
and
I
wanted
to
be
there
when
he
started
walking.
It
meant
a
lot
to
me
to
have
that
time
with
my
son.

When
the
time
came,
I
looked
at
some
corporate
job
offers.
They
involved
traveling
a
lot
and
required
always
hitting
your
numbers.
I
said,
“I’ve
done
this
work
for
12
years.
It’d
be
just
as
easy
to
do
it
myself
and
take
whatever
approach
that
I
want
to
take
that
would
serve
the
best
interest
of
my
clients.”
I
wanted
to
take
what
I’ve
learned
about
marketing
success
and
client
service
models
to
create
something
new
that
would
be
successful
and
grow,
without
sacrificing
ethics
or
clients’
best
interests.


ATL:
Did
the
business
climate
lead
you
to
believe
you
had
a
good
chance
of
success?


SW:

Well,
I
was
the
top
performer
at
the
last
company
by
far,
for
a
long
time.
Not
just
in
sales
but
in
both
client
and
team-member
retention.
I
didn’t
consider
it
a
bet
or
a
risky
move
for
me
to
start
my
own
company,
where
I’d
be
doing
a
lot
of
the
same
things
that
I’d
done
before.


ATL:
What
was
your
central
vision
for
Digital
Logic
at
its
outset?


SW:

I
like
creating
jobs
in
our
local
economy
because
it’s
a
positive
impact
on
the
local
community.
We
do
not
outsource
our
work.
We
only
have
14
people
at
our
company,
but
everybody
works
in
the
office.
We
focus
our
hiring
on
people
who
are
eager
to
learn
and
love
to
win.
Our
proven
methodology
gives
us
an
edge,
but
our
people
give
us
an
advantage.

My
vision
was
to
help
law
firms
grow
and
expose
them
to
what’s
possible
with
content
marketing,
SEO,
and
paid
online
advertising.


ATL:
Having
worked
at
both
large
and
small
marketing
companies,
what
do
you
see
as
the
key
differences?


SW:

I
think
anytime
you’re
working
with
a
company
that
has
tens
of
millions
of
dollars
in
funding,
it’s
easier
to
hire
faster
and
scale
up
at
a
rapid
pace.
The
challenge
with
that
growth
is
that
silos
form
within
the
company,
which
separate
the
company
from
the
client
and
create
a
machine.

This
can
limit
your
relationships
with
clients
and
limit
you
from
becoming
as
connected
to
your
clients’
businesses
as
you
can
with
a
smaller
company.
The
challenge
with
bootstrapping
a
new
company
is
that
you
need
to
see
far
enough
ahead
and
become
even
more
creative
with
your
marketing.

That
was
a
big
challenge
for
us,
but
it
forced
us
to
focus
on
business
outcomes
for
our
clients
vs.
task
completion.


ATL:
From
the
small
law
firm
and
the
solo-practitioner
perspective,
what
do
you
see
as
the
relative
advantage
of
each
model,
big
marketing
versus
small-firm
marketing?


SW:

Just
like
in
law,
people
constantly
evaluate
whether
they
should
choose
a
big
firm
or
a
small
firm
and,
of
course,
there
are
advantages
to
both.
For
now,
we’ve
chosen
to
operate
as
a
small
marketing
firm,
but
with
outcomes
people
often
assume
only
a
large
marketing
firm
can
achieve.
In
reality,
the
opposite
is
true.
A
smaller
marketing
company
brings
more
of
a
grow-together
model.

If
Digital
Logic
gets
an
opportunity
to
work
on
a
certain
type
of
case,
we
can
move
fast
to
create
tailored
content.
We’re
skilled
enough
to
take
immediate
action
and
we’re
nimble
because
we’re
small.
We
can
change
on
a
dime
when
we
need
to.
Which
happens
all
the
time
with
smaller
law
firms.

We
have
clients
who
do
MDL
cases,
so,
if
a
new
class
comes
up,
we
can
deploy
campaigns
within
24
hours
versus
having
to
schedule
it
for
the
next
month.

We
can
talk
to
the
client
and
say
to
our
people,
“Hey,
we
need
to
do
X,
Y,
and
Z
for
this
client.
Drop
what
you’re
doing
and
let’s
get
this
live
tomorrow.”


ATL:
Do
most
of
your
clients
hire
you
for
discrete
projects
or
are
you
more
a
full-service
marketing
company?


SW:

Definitely
full
service.
Usually,
we’ll
begin
by
rebuilding
the
client’s
website.
We
prefer
to
build
all
these
in
WordPress.
That
way,
if
we
need
to
make
an
update,
publish
something,
or
change
pages,
anybody
on
our
team
can
use
our
technology
stack
within
WordPress
to
make
sure
the
product
is
consistent
across
the
board.

Our
monthly
marketing
services
are
where
we’re
publishing
content
for
search
engine
optimization
(SEO),
for
online
firm
discovery.
We
also
run
a
lot
of
Google
ads
for
law
firms
and
that
really
gets
the
phone
ringing
for
them
quickly.


ATL:
It
takes
effort
to
craft
a
good
Google
ad.
Is
that
another
component
of
your
service?
To
make
sure
the
ads
are
designed
in
an
effective
manner?


SW:

Yes.
We
handle
a
lot
of
ads
for
law
firms
on
Google
and
Bing.
A
lot
more
goes
into
it
than
just
writing
an
ad.
It
includes
keyword
selection,
bid
prices,
testing
ads,
testing
landing
pages,
and
campaign
optimization
over
time
once
you
start
gathering
the
data.
Our
clients
have
had
a
lot
of
success
with
running
paid
search
ads
on
Google.

Also,
a
little
over
a
year
ago,
Google
Local
Service
Ads
came
out.
The
model
is
guaranteed
cost
per
qualified
lead
and
that’s
been
a
game-changer
for
our
clients.

It’s
been
incredible
to
see
where
some
of
these
solo
folks
started
compared
to
where
they
are
now.
In
their
first
year,
before
they
worked
with
us,
maybe
they’d
do
$100,000
in
billing.
We’ve
got
a
criminal
attorney
in
a
decent-sized
city.
She
finished
the
year
with
$1.3
million
in
billing
after
we
started
working
with
her.
With
her,
we
can
take
some
of
the
credit,
but
she’s
one
of
the
best
attorneys
I’ve
seen.


ATL:
Would
you
call
your
approach
more
holistic
as
opposed
to
the
task-driven
approach?


SW:

Yes,
it’s
holistic,
but
it’s
also
a
proven
methodology.
I
know
with
certain
big
marketing
companies
they’ll
do
four
blogs
for
law
firms
and
post
a
few
things
on
social
media.
It’s
a
task
list
with
no
strategy
behind
it.

Everything
we
do
is
more
intent-driven
instead
of
task-driven.
The
work
revolves
around
business
outcomes
for
clients
instead
of
putting
up
five
blog
posts
without
having
real
goals.


ATL:
Who
is
your
ideal
client?
What
can
you
do,
specifically,
to
help
them
find
more
success?


SW:

It
depends
on
the
practice
categories
and
what
the
opportunity
looks
like.
We’ve
got
a
couple
of
solo
practitioners
as
well
as
firms
that
run
up
to
25
or
30
people.

Even
with
our
direct
outreach,
our
client
profiles,
we
really
don’t
go
after
those
200-plus-person
law
firms.
We
don’t
pursue
them,
but
if
one
were
to
come
to
us,
we
would
evaluate
the
situation.

With
small
firms,
we
can
make
a
much
bigger
impact
relative
to
their
previous
revenue.

A

recent
study
by
the
Hinge
Research
Institute

shows
what
digital
marketing
can
do.

In
2020,
when
everything
was
shutting
down,
the
firms
that
managed
to
grow
were
the
firms
that
accelerated
their
marketing
efforts.
One
of
them
had
a
marketing
budget
that
was
27
percent
of
revenue,
about
48
percent
more
than
the
non-high-growth
firms.
And
the
majority
of
these
high-growth
firms
focused
their
marketing
budgets
on
doing

law
firm
SEO

and
paid
search
ads.

These
things
work,
and
we
at
Digital
Logic
try
to
over-deliver
for
our
clients.
When
I
first
got
into
this
business
in
2004,
we’d
have
to
convince
clients
that
people
use
Google.
Now
it’s
like,
“Okay,
everybody
uses
Google.
Right?”

If
you
want
to
help
your
law
firm
or
business
grow,
and
the
studies
say
that
successful
firms
spent
27
percent
of
revenue
on
marketing
activities

and
the
highest-return
marketing
opportunities
are
SEO
and
paid
search
ads

then
you
probably
want
to
put
your
money
there
too.

Legal Matter Delays Figure Skating Medal Ceremony – Above the Law

Team
ROC
(Photo
by
Catherine
Ivill/Getty
Images)

Have
you
caught
Olympic
fever
yet?
I
have.
And
in
between

rounds
of
devastation
for
Mikaela
Shiffrin
,
there’s
been
stuff
to
cheer
for.
Like
the
return
of
the

Jamaican
bobsled
team
,
Shaun
White’s

final
Olympics
,
and

Stefania
Constantini’s
amazing
performance

netting
Italy
its
first
curling
gold
medal.

There
was
also
the
breathtaking
moment
when,

standing
on
the
shoulders
of
Surya
Bonaly
,
Russian
ice
skater
Kamila
Valieva
became
the
first
woman
to
land
a
quad
jump
in
Olympic
history
during
the
team
competition.
In
that
team
competition,
the
Russian
Olympic
Committee

not
“Russia”
since
there
was
that
whole
massive
state-sponsored
doping
program
thing

delivered
a
dominant
performance,
with
the
United
States
taking
silver
and
Japan
the
bronze.
Though
we
know
the
results,
the
actual,
formal
medal
ceremony
has
been
delayed
and
it’s
all
because
of
a
legal
matter.

As

reported
by

NBC
News:

But
IOC
spokesman
Mark
Adams
told
a
news
conference
Wednesday
that
“a
situation
arose”
at
short
notice
which
requires
a
“legal
consultation”
with
the
International
Skating
Union,
the
governing
body
of
skating.
No
further
information
was
provided.

But

USA
Today
reports

some
more
details,
namely
that
an
as
of
yet
unidentified
member
of
Team
ROC
has
a
positive
drug
test.
You
know,
the
very
issue
that
caused
them
to
be
known
as

the
ROC
instead
of
Russia
.
The
members
of
that
team
are
women’s
ice
skater
Kamila
Valieva,
15;
men’s
competitor
Mark
Kondratiuk,
18;
pairs
skaters
Anastasia
Mishina,
20,
and
Aleksandr
Galliamov,
22;
and
ice
dancers
Victoria
Sinitsina,
26,
and
Nikita
Katsalapov,
30.

And
though
Adams
would
like
the
legal
issue
to
be
resolved,
saying,
“We
have
athletes
and
athletes
that
have
won
medals
involved.
We
will
be
doing
our
level
utmost
to
make
sure
it
is
resolved
as
quickly
as
possible.”
He’s
also
a
realist, “as
you
know,
legal
issues
can
sometimes
drag
on.”
Which
is
the
most
lawyerly
response
to
the
entire
mess.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her
 with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
(@Kathryn1).

Biglaw Firm Announces Bonuses, Delayed Raises During Salary War – Above the Law

Yes,
it’s
2022,
and
yes,
there’s
a
new
Biglaw
salary
scale
in
town
that
was

announced
by
Milbank

last
month,
but
let’s
not
forget
that
some
firms
still
haven’t
announced
their
2021
year-end
bonuses
yet.

Bracewell

a
firm
that
brought
in
$295,000,000
gross
revenue
in
2020,
ranking
it
at
No.
113
in
the
most
recent
Am
Law
200

is
one
of
them.

Today,
the
firm
announced
its
bonuses,
and
even
though
associates
had
to
wait
for
the
cash,
they’re
probably
pretty
happy
about
their
Cravath
and
Davis
Polk
matches.
But
what
about
a
Milbank
salary
match?
Ehhh…
we’ll
get
to
that.

Bonuses
at
Bracewell
come
with
a
billable
requirement
of
2000
hours,
but
they
also
give
discretionary
bonuses
of
15%
of
market
for
those
who
are
billing
at
2200
or
more
hours.
Check
out
the
firm’s
compensation
table:

Bracewell Bonus Memo 2021

So,
what’s
going
on
with
base
salaries
at
Bracewell?
Associates
can
apparently
hurry
up
and
wait.
According
to
a
source,
the
management
committee
is
“monitoring
market
developments”
like
oh
so
many
other
firms,
but
will
match
whatever
the
prevailing
salary
is
once
the
market
has
settled.

Congratulations
to
everyone
on
the
generous
bonuses,
and
pre-congratulations
on
your
future
Milbank
(or
Cravath
or
Davis
Polk?)
salary
matches!




***
Wondering
if
the
grass
is
greener
on
the
in-house
side?
Click
here
for
a
look
inside
the
black
box
of
corporate
counsel
pay
in
our
2021
In-House
Compensation
Report.
***

Remember
everyone,
we
depend
on
your
tips
to
stay
on
top
of
important
bonus
updates,
so
when
your
firm
matches,
please
text
us
(646-820-8477)
or email
us
 (subject
line:
“[Firm
Name]
Matches”).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Bonus
Alerts
(which
is
the
alert
list
we
also
use
for
salary
announcements),
please
scroll
down
and
enter
your
email
address
in
the
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below
this
post.
If
you
previously
signed
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You’ll
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notification
within
minutes
of
each
bonus
announcement
that
we
publish.
Thanks
for
your
help!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

Twitter

or
connect
with
her
on

LinkedIn
.


Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


AR-15 Couple Discover Pardons Can’t Save Law Licenses From Probation – Above the Law

Screenshot
via
Twitter

Everyone’s
favorite
gun-waving
neighbors
Mark
and
Patricia
McCloskey
discovered
yesterday
that
the
Missouri
Supreme
Court
is
less
willing
than
the
state’s
governor
to
look
the
other
way
to
score
political
points.

The
McCloskeys

barged
into
our
collective
consciousness

after
Mark
showed
up
as
Club
Casual
Tony
Montana
ranting
at
pedestrian
protestors
walking
past
his
house.
Patricia
armed
herself
with
a
pistol
for
good
measure
and
the
couple
became
right-wing
media
darlings
for
“standing
up”
to…
people
on
the
sidewalk.

Unfortunately
for
the
McCloskeys,
the
castle
doctrine
doesn’t
apply
to
using
guns
on
your
property
to
menace
people

not

on
your
property,
so
prosecutors
slapped
them
with
felony
charges
under
the

state
law

making
it
illegal
to
“Exhibit[],
in
the
presence
of
one
or
more
persons,
any
weapon
readily
capable
of
lethal
use
in
an
angry
or
threatening
manner.”
They
would
eventually
plead
guilty
to
misdemeanors
and
then

immediately
renounce
that
they
felt
any
remorse
.

Governor
Mike
Parson
took
a
break
from
trying
to

put
people
in
prison
for
understanding
the
internet

to

pardon
the
McCloskeys

and
shore
up
his
conservative
bona
fides.

But
pardons
don’t
mean
the
crime
didn’t
happen,
and
the
state’s
chief
disciplinary
counsel

instituted
an
action
against
the
couple’s
law
licenses

citing
the
guilty
plea
as
proof
that
each
committed
an
offense
involving
moral
turpitude.

Yesterday,
the
Missouri
Supreme
Court
suspended
the
licenses
of

Mark

and

Patricia

indefinitely,
citing
the
moral
turpitude
angle.
The
order
is
stayed
pending
the
completion
of
a
one-year
probationary
period
where
they
both
have
to
keep
their
noses
clean
and

perform
100
hours
of
pro
bono
services
.

Frankly,
the
couple
is
lucky
the
justices
didn’t
zero
in
on
the
post-plea
renunciation
of
remorse

an
act
that
the
initial
complaint
claimed
“demonstrated
disrespect
for
the
judicial
process.”
From
a
lawyerly
perspective,
that
seems
like
a
more
direct
affront
to
the
profession.

With
this
behind
him,
Mark
can
return
to
his
Senate
campaign
where
he’s…
probably
going
to
get
crushed.
The
problem
with
having
AR-15
minutes
of
fame
is
it
doesn’t
last
forever.


HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Another Day, Another Firm Announcing An Office Return Instead Of A Milbank Match – Above the Law

‘Where’s
my
money?’

With
a
new
salary
scale
on
the
horizon,
is
it
any
wonder
that
Biglaw
is
buzzing
with
news
about



*record
scratch*


office
returns?
Associates
are
watching
their
inboxes
like
hawks
to
find
out
when
their
salaries
will
go
up,
but
with
raises
apparently
on
hold,
all
they’re
receiving
are
updates
about
when
they’ll
have
to
start
wearing
suits
instead
of
sweatpants.

One
of
the
latest
firms
to
announce
plans
unreleated
to
money
is
Ropes
&
Gray.
As
you
may
recall,
the
firm
decided
to
employ
a
phased
approach
to
its
eventual
return
to
the
office.
According
to
a
recent
memo
(available
on
the
next
page),
Phase
2
of
the
Ropes
return-to-office
plan
started
on
February
7,
and
lawyers
are
being
encouraged
to
work
from
the
office
one
to
two
days
each
week.
Phase
3
of
the
firm’s
plan
will
begin
on
March
1,
and
at
that
time,
lawyers
will
be
expected
to
work
from
the
office
at
least
three
days
each
week.

Ropes
&
Gray
has
planned
for
several
remote
weeks
for
attorneys
in
the
future:
the
week
of
the
July
4th
holiday
(July
5-8),
Thanksgiving
week
(November
21-23),
and
the
Christmas
holiday
week
(December
27-30).

The
firm
is
being
generous
with
its
remote
work
availability,
but
what
about
its
compensation?
Associates
at
Ropes
tell
us
that
they’re
eagerly
awaiting
a
Milbank
match
that
they
hope
will
be
announced
and
kick
in
before
Phase
3
of
the
firm’s
RTO
plan
begins.

As
soon
as
you
find
out
about
reopening
plans
at
your
firm,
please email
us
 (subject
line:
“[Firm
Name]
Office
Reopening”)
or
text
us
at
(646)
820-8477.
We
always
keep
our
sources
on
stories
anonymous.
There’s
no
need
to
send
a
memo
(if
one
exists)
using
your
firm
email
account;
your
personal
email
account
is
fine.
If
a
memo
has
been
circulated,
please
be
sure
to
include
it
as
proof;
we
like
to
post
complete
memos
as
a
service
to
our
readers.
You
can
take
a
photo
of
the
memo
and
attach
as
a
picture
if
you
are
worried
about
metadata
in
a
PDF
or
Word
file.
Thanks.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

Twitter

or
connect
with
her
on

LinkedIn
.

Introducing The Complete Legal Tech-To-English Dictionary! – Above the Law


There’s
a
term
for
when
attorneys
use
Latin
words
and
arcane
terminology
to
describe
legal
processes
to
consumers:
“legalese.”


But
there’s
no
similar
term
for
when
vendors
use
technical
and
other
arcane
terms
to
describe
their
legal
software
operations
to
lawyers.


True,
this
dynamic
may
seem
unfair.
But
now
we
have



The
Legal
Tech-to-English
Dictionary


to
help
us
cope.


Adapted
from
a
series
of
Above
the
Law
articles
by
the
legal
technology
expert
Jared
Correia,
this
free,
tongue-in-cheek
guide
to
the
world
of
legal
tech
includes
plain
language
explainers,
dramatizations
of
key
themes,
and
links
to
comparison
resources.


We
hope
this
dictionary
brings
you
up
to
speed
on
all
things
technology,
while
providing
a
few
laughs
along
the
way. 


Download
Below

Lawyer Uses Nude Photos To Get Matter Against His Client Dismissed, Gets Suspended Over Tactic – Above the Law

This
is
the
kind
of
below-the-belt
tactic
that
makes
the
lawyer
a
believable
villain
in
works
of
fiction.
Because
when
someone
is
seeking
a
protective
order
and
you
threaten
making
their
nude
photos
public
unless
they
drop
the
matter
against
your
client,
well,
that’s
just
gross.
And
as

the
Indiana
Supreme
Court
notes
,
it
is
attorney
misconduct.
Specifically
it’s:
knowingly
making
a
false
statement
of
material
fact
or
law
to
a
third
person
in
the
course
of
representing
a
client;
engaging
in
conduct
involving
dishonesty,
fraud,
deceit,
or
misrepresentation;
and
engaging
in
conduct
prejudicial
to
the
administration
of
justice.

Anyway,
the
Indiana
Supreme
Court
found Allen
R.
Stout

“confronted
the
petitioner
with
several
“8×10
color
copies
of
intimate
photos
she
had
sent
the
man
during
their
relationship,
prior
to
the
events
giving
rise
to
the
protective
order
petition,
displaying
them
facing
up
on
the
table
for
all
in
attendance
to
see.”
He
then
queried,
“why
do
women
who
seek
the
aid
of
the
court
send
these
kinds
of
pictures
to
men?”

Rather
than
just
leave
it
as
innuendo,
he
went
explicit
with
his
threat.

[Stout]
then
asked
her
if
she
still
intended
to
pursue
a
protective
order
or
whether
there
would
be
a
“better
way”
to
handle
things
than
for
her
to
be
“drug
through”
and
“exposed
in”
the
court.
When
the
petitioner
responded
she
just
wanted
the
man
to
stop
harassing
her,
[Stout]
ended
the
deposition
and
told
the
petitioner
“[t]he
court
reporter
will
transcribe
this
to
final
form,
submit
it
to
the
court,
it
then
becomes
a
public
record.
There’s
a
way
to
stop
that,
but
otherwise
with
the
matter
still
pending
we’ll
have
to
submit
it
to
the
court
and
attend
a
hearing,
which
will
be
a
very
public
hearing
as
well.”
The
petitioner
then
indicated
she
wanted
to
dismiss
the
case,
[Stout]
instructed
the
court
reporter
to
go
off
the
record,
and
[Stout]
instructed
the
petitioner
how
to
file
for
dismissal,
which
she
did
immediately
after
leaving
the
deposition.

Stout
was
apparently
so
proud
over
the
dirty
tactic
that
he
“bragged”
he
secured
a
dismissal
because
he
threatened
to
have
the
nude
photos
become
part
of
the
record.

And
for
this
disturbing
lawyering

the
Indiana
Supreme
Court
called
it
an
“intentional
and
purposeful
plan”
“to
coerce
and
bully
the
petitioner”

he’ll
be
suspended
for
90
days.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her
 with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
(@Kathryn1).

Law Firms Should Give Employees An Actual Choice About Returning To Offices – Above the Law

It
must
be
hard
for
law
firm
administrators
to
handle
all
of
the
decisions
they
need
to
make
during
the
ongoing
COVID-19
pandemic.
Conditions
keep
changing
as
variants,
vaccination
availability,
and
other
factors
influence
decisions
about
remote
work
and
when
offices
will
reopen.
Due
to
the
contagious
nature
of
the
omicron
wave,
many
law
firms
stalled
and
then
reversed
reopening
plans.
Some
law
firms
are
taking
a
measured
approach
to
reopening
offices
and
are
letting
employees
know
that
they
should
consider
only
returning
to
offices
if
they
are
comfortable.
This
flexibility
is
commendable,
but
law
firms
should
give
employees
the
genuine
choice
about
when
to
return
to
work
and
should
not
use
implied
or
explicit
cues
to
force
attorneys
to
return
to
offices
notwithstanding
such
flexible
policies.

Since
starting
my
own
practice
almost
three
years
ago,
I
do
not
have
as
much
of
a
sense
of
what
it
is
like
to
work
at
a
larger
law
firm
during
the
pandemic
than
I
might
have
if
I
still
worked
for
another
firm.
However,
I
also
probably
wouldn’t
be
able
to
write
as
openly
as
I
do
if
I
still
worked
as
an
associate
at
another
law
firm,
so
there’s
that!
Nevertheless,
I
talk
regularly
to
numerous
lawyers
who
do
work
at
other
law
firms,
and
some
are
speaking
about
a
strange
situation
that
often
occurs
at
law
firms
that
purport
to
have
flexible
return-to-the-office
policies.

Numerous
law
firms
tell
employees
that
they
can
choose
to
stay
at
home
or
come
to
work
as
they
see
fit.
Other
workplaces
have
been
telling
employees
that
they
would
like
people
to
be
in
the
office,
but
employees
do
not
need
to
come
to
the
office
if
they
would
be
uncomfortable
doing
so.
Employers
are
essentially
conveying
that
they
are
giving
employees
agency
over
their
situation,
which
makes
the
most
sense.
It
does
not
really
make
sense
for
employees
to
be
forced
to
return
to
the
office
if
they
can
be
just
as
productive
from
home,
and
a
flexible
approach
is
the
best
way
to
handle
all
of
the
issues
involving
COVID-19
and
the
workplace.

Not
surprisingly,
many
employees
are
choosing
to
stay
home
rather
than
return
to
work.
It
is
just
easier
to
complete
work
tasks
and
all
of
the
personal
things
that
individuals
need
to
complete
in
the
present
environment
by
working
from
home
than
arbitrarily
going
into
the
office.
Moreover,
some
employees
need
to
spend
hours
on
commutes
to
and
from
an
office
each
day,
so
by
eliminating
this
commuting
time,
individuals
can
devote
more
time
to
work
and
personal
matters.

Some
managers
seem
to
be
respecting
the
decisions
of
employees
to
stay
at
home
and
not
return
to
the
office.
However,
some
managers
are
sending
explicit,
but
more
often
than
not
implicit,
cues
that
they
would
like
employees
to
return
to
the
office.
In
the
current
environment,
an
explicit
requirement
to
return
to
the
office
is
not
good
for
PR
and
could
potentially
lead
to
liability
if
COVID-19
spreads
at
a
shop,
so
managers
seem
to
be
using
more
subtle
cues
to
compel
employees
back
to
the
office.

People
I
speak
with
tell
me
that
if
they
do
not
return
to
the
office
for
a
while,
especially
if
other
people
at
a
shop
are
voluntarily
returning
to
work,
they
may
receive
a
phone
call
from
a
manager.
The
manager
may
ask
if
there
is
any
reason
why
the
person
does
not
feel
comfortable
returning
to
the
office
and
if
anything
can
be
done
to
make
that
person
more
comfortable
with
going
into
an
office.
Although
this
may
seem
altruistic
at
first
blush,
such
calls
are
likely
more
about
pressuring
employees
back
to
the
office
rather
than
assuaging
any
concerns
about
returning
to
work.
In
fact,
some
managers
seem
to
be
more
overt
about
suggesting
that
employees
return
to
the
office
by
conveying
that
many
members
of
a
team
have
returned
to
the
office
to
suggest
that
an
employee
does
not
want
to
be
in
the
minority
of
people
working
from
home.

It
is
not
beneath
individuals
in
the
legal
industry
to
employ
implicit
employment
tactics,
as
can
be
seen
with
stealth
layoffs
and
other
practices,
and
such
tactics
should
be
exposed
for
what
they
are.
Law
firm
managers
who
do
not
want
to
deal
with
the
bad
PR
of
requiring
employees
to
go
back
to
offices
are
using
pressure
and
other
tactics
to
guilt
or
strongly
suggest
that
people
return
to
work.
Such
tactics
should
not
be
condoned,
and
law
firm
employees
should
have
a
bona
fide
choice
about
when
they
return
to
the
office,
especially
if
a
law
firm
has
an
explicit
flexible
return-to-the-office
policy.
Everyone
has
their
own
unique
situation,
and
law
firm
managers
should
not
use
implied
pressure
or
other
tactics
to
compel
people
back
to
offices.




Jordan
Rothman
is
a
partner
of

The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of

Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at

jordan@rothmanlawyer.com
.

Still Coughing Up Bad Decisions – Above the Law

Taking
its
lead
from
Neil
Gorsuch’s
Supreme
Court
shenanigans,
a
Fifth
Circuit
panel

told
attorneys
to
go
maskless
.
In
Louisiana.
The
state
that
just
edged
past
New
York
in
COVID
deaths
per
million.
Though
at
least

some
of
its
judges

care
enough
about
freedom
to
respect
the
judgment
of
counsel.
Joe
Rogan
is
still,
unfortunately,
in
the
news
and
he’s
basically
the
poster
child
for
how

little
people
seem
to
understand
about
free
speech
.
Meanwhile,
the
Milbank
raises
still
have
a
lot
of
notable
holdouts.

When
is
the
market
going
to
catch
up
?