Sometimes I Hate It When I’m Right

Posted on June 19, 2026

Earlier this year, I wrote a blog titled “Let’s Take a Step Back” addressing a new practice by BigLaw of recruiting first-year law students for summer associate positions — in some cases, even before the fall semester had started. I took issue with that practice from both my own experience as a 1L and from my experience teaching 1Ls at Georgetown Law. I encouraged law students who agreed with me to contact the ABA to protest the practice and to request a return to the “Hands Off 1Ls Until October 15” that law schools had agreed to in the past.

Results of a survey of more than 2,000 law students conducted last fall by the Law School Admission Council and the National Association for Law Placement were released recently. According to the survey, 56% of first year law students said that accelerated large firm recruiting timelines for summer associate positions had a negative impact on their first year of law school. And just 4% of students reported a positive impact.

The negative impacts reported in the survey included the inability to prioritize academic work and also focus on career planning. Even those students without aspirations to work at a large law firm said the new practice injected additional stress and pressure on campus. One student put it very bluntly, “Someone stop them from doing this again because it sucks, and nobody can actually focus on learning.”

Hopefully BigLaw has read the same survey results and will do the right thing and reverse the new recruiting practice. Keep your eyes on late summer and early fall to gauge whether they care more about young lawyers or about exercising their competitive edge.

Sometimes I hated it when I’m right. This is one of those times. This never should have happened in the first place and the geniuses at BigLaw should have known it would put students at risk.

And what about the law school placement officials? Shouldn’t they have known that this would be a problem?

Makes me wonder what other kinds of sweetheart deals are going on.

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The Administration Strikes Again!

Posted on June 11, 2026

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?

Posted on June 6, 2026

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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Heads Up! Fraudsters May Be Tracking You

Posted on May 29, 2026

I regret to report that I have been targeted again by phishers and fraudsters on the Internet. It is a really disturbing and uncomfortable experience, and it can become serious if you fail to pay close attention to unsolicited emails and offers and continue to communicate with the senders.

I had forgotten how disturbing it is to be targeted in this way, and I now know that the phishers and fraudsters are getting very sophisticated. In my case, they purport to be very interested in my books and accurately reference some of the content. They sound very legitimate UNTIL a close look at the wording of the email discloses the voice of AI, which draws from content on websites and other personal information sources in the public domain.

Many of these phishers and fraudsters are assuming false identities and are using the names and titles of other people. So a search on Linkedin or Facebook or your other search tool of choice will confirm the identity of the person the email sender purports to be and can lure you into a false state of security. You feel like you have done your due diligence, but it is not enough.

You need to take additional steps. You need to check the email address of the sender and compare it with the email address of the actual person you have discovered in your search. If the emails are different, it should be a huge red flag that you are dealing with someone who has stolen an identity.

And if the email includes a photo of the sender, compare that photo with the photo you found on Facebook or another search source. If the photos are different, you have further proof that someone wants to do you harm. And if there is no photo on the email, a Zoom call will accomplish the same verification — or lack of it.

The bottom line is that you absolutely must not send money or your work product or anything else you value to these people. I know of one lawyer, someone I respect very much, who did that, and lived to regret it. Lawyers are vulnerable to flattery just like anyone else.

This kind of fraud is running rampant today. Get the protections you need and be diligent. And if you are attacked by someone who has stolen an identity, report it to the victim of the identity theft. And to law enforcement. This is very serious stuff.

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Are You a Member of the Sandwich Generation?

Posted on May 16, 2026

As we celebrated Mothers Day last weekend, I was thinking of all the lawyer-moms, and the lawyer-dads, as well, who are not only caretakers for their children but also primary caretakers for their aged parents or other family members. Known as the “Sandwich Generation,” it can be a very heavy lift. The logistical demands as well as the physical and mental demands can be very weighty.

Approximately 23 per cent of Americans are classified as part of the Sandwich Generation, and they are involved in a balancing act that they probably did not anticipate. As lawyers, we already have enough of a balancing act just taking care of our professional responsibilities and the needs of our nuclear families, and adding even more responsibilities gets very complicated. The responsibilities of caring for an aging parent may involve being an advocate and also managing legal, medical and emotional issues from a distance. The combination of managing all of this and the needs of your own family can lead to burnout and anxiety, flavored with a large dose of guilt from time to time. And it also can take a physical toll and lead to exhaustion. So taking care of your own health has to be a priority.

One of the most valuable lessons any member of the Sandwich Generation can learn is the importance of delegation. It can be accomplished through hiring outside staff to help with the aging parent or other relative and also delegating as much as possible at the office. Many of us are not good at delegating in our professional lives, and this is a time to improve that skill. Technology also can be your friend in these situations. It can help you with remote meetings with doctors and other support staff and also to connect on a more regular and meaningful way with your loved one via FaceTime and other similar programs. I remember well discovering a machine that operating over the telephone lines and would transmit my email to my aging mother miles away AND print it for her. I sent an email to mom as the last thing I did every night before going to sleep, and when she died I found them all safely tucked away in boxes in her closet.

Another issue is the financial drain of being in the Sandwich Generation. If you are a person who is already struggling financially to care for your own family, adding financial responsibilities for another person or persons can be a game changer. It can force you to change your priorities against your will.

We all love our aging relatives, and we want to help them through the difficult years at the ends of their lives. However, we need help ourselves. The essential legal documents for these situations can help with some of the burden. Make sure you have the proper powers of attorney and health care directives. There are also several kinds of trusts that can help those in the Sandwich Generation to manage assets for a loved one as well. You need to sit down with your estate planning lawyer to get the help you need. The sooner, the better so that you are prepared when the time comes.

Hats off to all the lawyer-moms and lawyer-dads who are dealing with these issues today. It is not easy for you.

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Thank Goodness for May

Posted on May 8, 2026

According to T.S. Elliot in his landmark modernist poem The Wasteland, April is the cruellest month. So I am very glad to have it behind us. I much prefer May. And May is a big month for law students.

3Ls will graduate with the expectation of starting at a law firm or other legal venues in the Fall. First and second year students will go off to internships or summer associate positions. It will be a whole new world for all of them. They will be entering new territory with new rules and expectations. It will be very exciting for sure, with new possibilities to explore. It also will take some preparation to enter those new environments and succeed from Day One.

According to my readers, that preparation is all included in my book New Lawyer Launch: The Handbook for Young Lawyers (Full Court Press, 2023). I hope you will get a copy and prepare yourself. From chapters on “Getting Off to a Strong Start”, “Establishing Work Priorities,” “Being Sensitive to Office Politics” “Protecting Your Work Product” to “Being a Valuable Team Member” and so much more, it is all there, waiting for you. You can read a few chapters for free on Amazon, so give it a try.

Of course, you could do it yourself without a mentor or guide. However, on the job training can be painful. Why put yourself through that? Especially when you can get the lay of the land and advice from those who have done it and succeeded, from the respected group of contributors that I have assembled for you in The Handbook. They are practicing lawyers, and their advice is invaluable.

The truth is that law firms and other law practice venues can be scary places without adequate preparation. I think we all can agree that law school and bar prep courses cannot provide the practical skills that will become critical to your success or lack of success in unfamiliar territory. And that is not a criticism of law schools. They can barely squeeze all the new developments in the law into three years as it is.

So, for what it is worth, let The Handbook for Young Lawyers be your guide. It is a good place to start, but it is not the complete story. Stay tuned for what comes next. The profession has gone through important changes and transitions since the handbook was published, and so much has happened in the interim. I am working on an update to The Handbook so I will have you covered. Keep an eye out for it later this year.

You can read excerpts from The Handbook on Amazon. Give it a try!

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It’s Not Always About The Money

Posted on April 30, 2026

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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Keeping Work-Life Balance in Perspective

Posted on April 23, 2026

I have learned along the way that work-life balance really has little to do with balance. It is all about priorities in the moment and hoping for some equilibrium over time. One week the priorities will be weighted more toward life and home and the next week the priorities will be weighted in the opposite direction. Work for lawyers is not a nine-to-five job, and equal treatment and true balance cannot be expected at all times. It is a struggle.

Throughout the struggle, we never can forget the importance of family. I was reminded of that last weekend at our Blakely family gathering in beautiful Virginia, with fly-ins from abroad by our State Department cousins. And, in July, the Smith family will convene in Montana for some fun on the ranch and catching up with the fly fishing contingent from Argentina. We always work like mad in the weeks leading up to the these events so that we can give our full attention to our loved ones while we are with them. Yet, we recognize that it doesn’t always work out that way.

In my book, The New Balance for Today’s Woman Lawyer, I offer a multitude of assists to help lawyer/moms achieve as close to a reasonable balance as possible. But I know how difficult that can be, and I do not make judgments. However, when I do hear something that sounds off kilter, I call it out.

For example, recently I read a response by a newly-minted woman law partner when she was asked “How do you juggle being a working mom?” Her response was “Sometimes things drop. Sometimes you’re going to miss things. Sometimes you’re going to miss a child’s birthday party, maybe even your own child’s.” Although I did not disagree with her, I also was pretty sure that it was the “tough” response she was after and that she had little experience sacrificing such important events. If she had, her response would have been much more thoughtful and would have acknowledged that choices like that can break a parent’s heart even if it is the right choice.

I have some experience with that. I missed my own child’s 4th birthday party because I was preparing for a trial that started the following day. I did not wear it as a badge of courage or talk about it as an example of how dedicated I was to the practice of law. I knew that sometimes you cannot avoid it, that stuff happens and clients depend on you. It does not mean that you do not love your child, but a sacrifice like that also should not be taken lightly.

So, if you had asked me that same question “How do you juggle being a working mom?” I would have answered without the bravado but with a recognition that the choices can be very, very hard. But we must be prepared to make them.

You notice that I did not say which child’s birthday party I missed. I will let my two kids duke it out over who mom loves the most. Is it the corporate lawyer or the prosecutor? I am happy to be a mere bystander on that one!

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