The Administration Strikes Again!

I am saddened to see what has happened to Diversity Lab and its founder, Caren Ulrich Stacey. If you have not heard, this is how it went down.

As if attacks on law firms directly were not enough for the Administration’s thirst for revenge, there has been a second round of attacks to assure that law firms are brought “into line.” In January 2026, the FTC sent threatening letters to law firms that had a relationship with Diversity Lab, an equity and inclusion effort on behalf of lawyers. The specific issue was Diversity Lab’s recognition of participating law firms for achieving “Mansfield Certification” based on meeting diversity and equity goals and advancing all talent into leadership. The letters that the FTC sent to 42 major U.S. law firms cautioned that participation in Diversity Lab’s Mansfield Certification might expose those firms to liability under both Section 1 of the Sherman Antitrust Act and Section 5 of the Federal Trade Commission Act.

That sounds right, yeh? Diversity and inclusion efforts violating the Sherman Act or principles of free trade? And you can probably predict the rest. Law firms became antsy about the Administration’s bogus claims, and they took the risk management route and broke ties with Diversity Lab. Over time, Diversity Lab was forced to close its doors.

In an open letter recently, Caren Stacy stated:
Mansfield [certification] does not establish quotas. It does not set aside positions. It does not require anyone to hire or promote anyone based on demographics. It requires only that participating firms and legal departments make their advancement practices transparent and consider all qualified talent so that merit-based decisions can be made.

These results were not the end goal, they were a means to better legal service. Diverse teams and perspectives produce sharper thinking, stronger solutions, and better service in an increasingly complex client landscape. Mansfield helped bring more perspectives to the table.

In my career, I have worked with Caren Stacey on issues of advancing young lawyers in the profession. She is the founder of both Diversity Lab and its predecessor OnRamp Fellowship, which began at approximately the same time that I founded Best Friends at the Bar.

I applaud the accomplishments of Caren Stacey, and I look forward to her next project when the time is right again. She is a powerful force in the advancement of legal talent, and she cannot be counted out.

And I abhor the combination of threats and attacks that closed her down.

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What’s Going on with Bar Exams?

It is nearly bar exam season. Even though some of us never thought we would see the day, the bar exam is changing. Here’s how.

Bar exams have been a requirement for lawyers from what seems like the beginning of time. However, there are some new developments in the last few years that you need to know about. It seems very clear now that the content of bar exams, and even the requirement for them, is changing.

After complaints about the content of bar exams from a variety of sources, the National Conference of Bar Examiners (NCBE) has redesigned the bar exam — for the first time in 25 years. That revision is known as the NextGenBar exam, and, as of May 2026, it has been adopted by 45 of the 56 jurisdictions which require passage of a bar exam for practice certification.

According to the NCBE, there is a phased roll-out of the NextGen bar exam that is currently underway. The first phase will be administered in July 2026 and the last phase after 2028. The schedule is as follows:

• July 2026 (Launch): CT, GU, ID, MD, MO, NMI, OR, PW, VI, WA.
• July 2027: AZ, IA, KY, MN, NE, NM, ND, OK, SD, TN, VT, WV, WY.
• February 2028: DE, DC, IL.
• July 2028: AL, AK, CO, FL, GA, HI, IN, KS, ME, MA, MI, NH, NJ, NY, OH, PA, RI, SC, TX, UT, VA, WI.
• TBD: MS.

As I understand it, the new model is not as top heavy on memorization of the elements of causes of action and the minute requirements of civil procedure as bar exams of the past. Apparently there has been recognition that those are the kinds of details that any lawyer would be a fool not to research and update to avoid malpractice, and the new version will include more emphasis on logical reasoning. So, all of us who suffered through the old version and its emphasis on details should get together for a mass Pity Party.

And for another twist on the subject of bar exams, keep your eye on which jurisdictions are now allowing lawyers to skip the bar exam altogether. What once was a lone exception to the rule, the State Bar of Wisconsin for many years has allowed graduates of Wisconsin’s two law schools the privilege of practicing law in the State of Wisconsin without passing the state’s bar exam. This is known as Diploma Privilege, and there are now additional jurisdictions formulating their own similar exceptions, like apprenticeships for example, as substitutes for bar passage.

Also, as of 2026, four states allow a person to take the bar exam without attending law school. Those states are California, Vermont, Virginia, and Washington. In lieu of law school graduation, these states require “Reading the Law,” a structured law office study program or apprenticeship under the supervision of a practicing attorney or judge. The requirements of these four jurisdictions that allow reading the law differ by state. In addition, the state of New York allows an individual to take the bar exam with only one year of law school combined with three years of law office study. And, if you pass the bar exam of a particular state, you are licensed to practice in that state but not others.

To all of you recent law school graduates, good luck on the bar exam. I hope this Next Gen Bar exam yields better reviews and more favorable results.

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It’s Not Always About The Money

When we think of work, we think of compensation. The two go hand in hand for most of us. It is how we traditionally measure value, and we like to be rewarded for our efforts. But, some of the best opportunities come with no financial gain, and those opportunities should not be missed.

Throughout the near 20-year life of the Best Friends at the Bar project, I have given 100+ speeches and programs throughout the country and abroad. And many of them were given for no compensation whatsoever. I also wrote many articles for mainstream legal media and was a monthly columnist at the ABA Journal — all for free. Freebies take just as much time and effort as compensable work.

I would not blame you if you are wondering what on earth I am talking about. I can assure you that it was never that I did not know my value. Rather, it was because I took the long view. I knew that offering something for free provided the opportunity for me to engage with future audiences and acquire dedicated readers.

For you, it likely is different. Most of you are practicing lawyers and are accustomed to being paid for your time and effort. But, there are circumstances when those rules do not apply. One of those circumstances is business promotion — that thing that creates anxiety in most of you because you see it as too daunting, too awkward or too uncomfortable. So, you shy away from it. You put it off. You convince yourself that self-promotion is bad and distasteful and below you.

However it does not have to be that way. There is a new way of thinking about business promotion. It is now considered “old school” to come right out and ask a prospect for work. The hard sell model died somewhere around the dawn of The Millennium. The preferred approach today is much more subtle.

Here’s how it works. If you identify a business prospect, and AFTER you run a current client check in your firm to make sure that you are not encroaching on someone else’s turf, develop a casual relationship with the prospect that might include meeting for coffee or lunch. Discuss your lives and your work, with casual references to your practice and your firm. Afterwards when you see information that might be helpful in the prospect’s work, send it in an email. It’s still a pitch, but the kinder and gentler variety.

Business promotion is a jog not a marathon, and it has to develop over time It is an investment in people, relationships and reputation.. You need to be patient, yet also persistent in your own mind, to combat the procrastination. If it is meant to be, that approach will result in the call you have been waiting for.

And, most important, enjoy the hunt. All of your efforts will not pay off, but you only need a few successes to get the attention of the powers that be in your firm. And, when that happens, it suddenly becomes all about the money!

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What’s Up With My Books?

My books for young lawyers are getting a lot of attention these days. That’s definitely good news for me, and it also may be good news for many of you.

The Best Friends at the Bar book series is part of a mentoring program for young lawyers that I founded after I retired from law practice in 2006. The early books focus on the challenges for women lawyers, and the later books were written with all young lawyers in mind.

My most recent book is New Lawyer Launch: The Handbook for Young Lawyers. Here is what readers are saying about it.

“You have offered young lawyers a steady hand as they navigate the sometimes treacherous waters between graduation and a fulfilling career. You have touched real lives, real young attorneys who have walked into their first firms or courtrooms with a little more confidence because of the practical advice you have shared.”

“New Lawyer Launch is a handbook for the moment law school leaves off and real professional life begins. The transition from law school to professional practice is one of the most disorienting career shifts in any profession, and the handbook addresses it with foundational, timeless advice from contributors with strong mentorship backgrounds.”

“New Lawyer Launch matters for the first year associate sitting alone in an office at nine in the evening wondering if he or she is doing everything wrong. It matters to the law student about to cross the stage and step into a profession that gave them no roadmap for what comes next. And it matters to every young attorney who has ever needed a mentor and did not know where to find one.”

So, if you think you would benefit from that kind of help, I hope you get your hands on the book sooner rather than later. Some of you are getting ready to cross that law school graduation stage and others of you are entry-level lawyers in firms or government or corporate settings and feeling insecure about how to proceed successfully in a demanding profession. For others, gifting this book to a young lawyer is sure to be appreciated.

You never will regret becoming a Best Friend at the Bar and helping yourself or another young lawyer avoid the pitfalls of law practice while setting a strong foundation for a successful and satisfying career in the law.

What Millennial Lawyers Want: A Bridge from the Past to the Future of Law Practice is also very popular with young lawyers today, including Gen Z lawyers. That book includes lessons learned from my own mentor and challenge questions about how those lessons relate to your own experiences.

My books are available from Amazon or from the publisher on the Best Friends at the Bar website at www.bestfriendsatthebar.com.

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What’s Good Today?

This week the New York Times included information about a woman whose small child had suffered a life-threatening illness, and the mother was fortunate to have good friends who checked in with her daily. Her friends decided that asking her “How are you today?” was completely inappropriate because they knew that she never was going to be anything but sad and depressed as long as her child was suffering. So, the friends decided on a different approach. Instead of “How are you today?” the greeting became “What is good today?”

That approach has many other applications in our lives in these uncertain times. So many people, including many of you young lawyers, are upset, angered, and threatened by the state of the world these days. They wake up every morning to news outlets reporting the dismal state of events, and they fuel their upset, angered and threatened minds without finding many things to change that outlook for the remainder of the day.

I interface with young lawyers a lot, and I know how worried many of you are about your futures right now. So many of you are worried about your professional futures in a country where the rule of law is being challenged on a daily basis, where the Department of Justice has been decimated, where the Executive Branch is attacking law firms and judges, where lawyers are losing jobs in our federal government in record numbers, and where job insecurity could easily spread to the private sector. Many of you accrued serious debt to attend law school, and now the state of the economy does not hold very good news for the present or the future. It is a lot, and it is a tough time to be starting a career.

You must find ways to deal with these difficult times. You may need help and be willing to ask for it, or you may be in a position to help others in despair. Helping others is the gift you give yourself, and these days we all could use a little something tied up with a big red bow to get through the day.

Most important of all, be good to yourself. It may be challenging for you right now, but you are up to the challenge. You have proven yourself in so many ways that you need to remember, and law school has prepared you to get up and try again. Your education and your training as critical thinkers will become very important during these trying times to help put things in perspective and to keep you on steady ground. Lawyers are problem solvers, and we know that there are many different ways to look at a set of even bad facts and fashion a positive response. Use your unique skills to get through the tough times.

We may be in for the long haul, so pace ourselves. You want to be ready to grab the first brass ring of opportunity that comes your way when the clouds part. And you can’t do that by staring at the ground.

So, I say to you, “What’s good today?” I am confident you can find something.

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Be Careful Who Is Listening To You

We all like to be listened to. It feeds our self confidence to think that others value our thoughts, opinions and advice.

However, there are places where you do not want to be listened to. Especially if you are a lawyer.

Here’s a case in point I never will forget that occurred while I was traveling on the train between DC and Philadelphia on the way to a business meeting. I boarded early, and the seat next to me was taken later by an attractive young woman. We settled in, and, as I was reviewing my notes for my meeting, she pulled out her phone and made a call. We were not in the Quiet Car, so that was fair play.

However, the call lasted a long time, and from her end of the conversation, it became clear to me that she was a lawyer speaking to her client in Australia. By the time she hung up, I knew a lot about her, including the name of her firm, the name of her client, and the subject of her representation. I even knew the name of the opposing party in the dispute and the strategy she and her firm intended to put forth in handling the dispute.

As a fellow lawyer, I was shocked. As she ended the call and relaxed into her ride, she addressed me and said, “I hope you didn’t mind me making the call.” I hesitated a moment, tempted to take the easy way out, but then I responded, “Oh, yes”, I did mind. You see, I also am a lawyer, and what I just overheard runs contrary to everything I have learned about the discretion required of lawyers when it comes to client information.” I then described all that I knew from her conversation. I also told her that I was familiar with her excellent law firm in Philadelphia and some of the lawyers there. Lawyers who would not be pleased to hear about what I had witnessed. But I also made certain to tell her that those lawyers never would hear about it from me.

In case you are wondering, I knew I was taking a risk in being honest and candid with this young lawyer. She could easily have become defensive and lashed out at me, making a bad situation even worse. However, I also knew that she needed some guidance before she found herself in a world of hurt.

In my book, New Lawyer Launch: The Handbook for Young Lawyers, I include a story shared by one of my contributors. That very senior lawyer happened to read in the newspaper one morning about a young woman lawyer from his firm who had been arrested for disturbing the peace at a local dive bar. When he later confronted her about it, she responded with something to the effect that she was on her “personal time.” His response went something like this: “THERE IS NO SUCH THING AS PERSONAL TIME FOR LAWYERS IN PUBLIC!”

The moral of these stories is that you don’t stop being a lawyer just because you change into casual clothes or you can’t wait to call your client in private. You are always a lawyer, and you need to act like it in every setting. You are subject to a Code of Conduct and Ethical Considerations. If you want to go crazy, do it in a private setting. You are not a free agent who can just go with the flow and risk harm to yourself and others.

Do not put yourself in positions like this. There are those who will delight in harming you. And your career hangs in the balance.

Because you never know who is listening and watching.

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Is a Virtual Law Firm For You?

I think you must be familiar with the concept of virtual law firm. The model has been around for awhile. Some of the benefits include high-quality work, flexibility concerning how and where attorneys work, transparency around compensation, and a positive firm culture that prioritizes sustainability over burn out.

When I think of this model of law practice, my thoughts go immediately to the pressures facing women lawyers with young children. That can be a very demanding combination in a traditional law firm with the constraints of high billable hours and face time.

So when I saw a Reuters article from 2021 about the virtual firm Scale LLP, it got my attention. That firm is not exclusively for women lawyers, but the endorsements from the women there are impressive. Although I had highlighted virtual law practice as an option for women lawyers in my 2012 book “The New Balance for Today’s Woman Lawyer, my interest also may have been spiked by my younger self saying, “Why wasn’t that around for me so many years ago?” But that is old news.

Speaking of old news, I think that we all can agree that the benefits of maternity leave — and most recently parental leave — and positive reentry policies at traditional law firms can also be considered old news today as the result of the enactment of federal legislation and market place competition among firms for the best talent.

The real problem that I see today for lawyer/mothers of young children is that very talented women lawyers, who meet that description, find themselves “parked” in of counsel and salary partnership positions that benefit the law firm economically but do not provide much expectation for upward mobility. Ask yourself what lawyer/mother of young children has much time for client development, and I think you will get the picture.

As stated in the Reuters article, “It’s hardly news that Big Law tends to be all-consuming. But is it possible to have a sophisticated, high-end private practice — and a life outside of work? It’s practically the holy grail of the legal profession.” Evidence of that is the the large number of virtual law firms today.

My personal experience with virtual firms, is limited to Potomac Law Group, founded by a DC lawyer, who I spoke with years ago, shortly after he formed the firm and at a time when I was developing my Best Friends at the Bar project, which was devoted solely to women lawyers in those days. I was very impressed with what I heard from him about the benefits of virtual practice for lawyer moms, and the success of his venture speaks for itself. Years later, when my husband left BigLaw and formed his own firm, referrals from a virtual firm also proved very beneficial and yielded interesting work for a seasoned litigator.

For a definition of how typical virtual firms operate, see a discussion of those details in the Reuters article. One woman lawyer describes the benefits as the “flexibility of a small firm or solo shop, but with a network of experienced and accomplished attorneys for back-up as needed.” And the Scale LLP website includes the description “A National Law Firm For Experienced Women Lawyers” and endorsements by women lawyers there like “Bet on yourself: You will be surprised at how happy you are when you do” and “Independence plus a national team.”

If you are looking for an alternative to traditional law firm practice, you may want to check this out. A virtual law firm may be for you.

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An Interesting Kind of Trial Practice Training — The Kind That Comes With Money

You may have read my February 12, 2026 blog addressing the benefit of exposing young lawyers to trial practice early in their careers. That blog drew comments emphasizing the value of things like theatrical training for young lawyers interested in trial practice, and I completely agree with those suggestions. Similarly, I have directed some young aspiring trial lawyers to public speaking training. It all helps.

And now there is a new twist — at least new to me. The litigation firm MoloLamken hosts an Advocacy Academy each year in its NYC office. The one-week courtroom training program for a dozen rising third-year law students is scheduled for a week each August, presumably to avoid interference with summer associate gigs and internships.

The program consists of experience with witness examination, making trial and appellate arguments, and receiving feedback from law firm partners, including the named partners Molo and Lamken. And like a cherry on the top, each participant receives a $4500 cash award, with participants coming from outside NYC also receiving free travel and lodging. Yes, you read that right. Scholars are paid to participate.

I cannot endorse this program because I have no experience with it. I am just the opportunity spotter, and the work is up to you to dig deep into the details and decide whether the opportunity is sound and worthy of your attention or the attention of someone you know. A good place to start is the several articles about the program on Above The Law over the last few years. The feedback received from scholars for those articles is described as very positive, the environment is described as low-pressure and encouraging of risk-taking, and the feedback from partners/mentors is described as honest. You will find the most recent of those articles at https://abovethe law.com/2026/02, and you also will find details about the program on the Mololamken website, including a link to the application.

I am familiar with other training programs for young lawyers which do not pay one thin dime, so this one stands out for the payment aspect alone. Even an excellent year-long fellowship program for aspiring prosecutors at the Department of Justice does not pay. One of my children went through that program, living in a studio apartment and eating beans and rice. But the program definitely was worth it and led to future opportunities within DOJ.

So what motivates a law firm to offer a program like this? With such a small class of scholars, it is certain to include very high performing participants — just the kind of young lawyers, I imagine, that a litigation boutique like MoloLamken would like to appeal to early in the recruiting process.

Although the application deadline for 2026 has passed, check out the program for next year. This kind of experience while still in law school is hard to come by.

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