YLS In Brief September 2015 by Arkansas Bar Association

Septembmeber 2015 - Volume 18

Number 4

in brief newsletter

Content Editor's Letter 3

9 Arkansas Traveler Mary & Trey Cooper

YLS News 4 9 Tasty Tips Rashauna Norment

Hats Off 5 YLS Report

Matthew L. Fryar

YLS committees 7 Flying Solo: Where is Your Law Firm Going? Stefan McBride

10 What Law Clerks Want Sidney Stewart

12 What Law Clerks Want Ambere Thompson

14 yls Report Matthew L. Fryar

15 ArkBar CLE Calendar

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Moore

Sparkman

Wooster

Cooper

Norment

McBride

Cooper

Yls in brief

editors Editor-In-Chief Brooke Moore Co-Editor Sarah Sparman Arkansas Traveler Co-Editors Trey & Mary Cooper What Judges Want Editor Megan Wooster Tasty Tips Editor Rashauna Norment Flying Solo Editor Stefan McBride

YLS In Brief is published online quarterly by the Arkansas Bar Association.

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editor’s letter

Brooke Moore Editor-in-Chief

Welcome to the new bar year Young Lawyers! There are lots of great things planned for the upcoming bar year and many opportunities to get plugged in to the Arkansas Bar Association and the Young Lawyers section. We have a talented group of volunteers returning to In Brief and are welcoming a new co-editor, Sarah Sparkman. Sarah will be taking the reigns as Editor-In-Chief as the year progresses. In a twist on What Judges Want, this issue will showcase What Clerks Want. Reflect on where your small or solo practice is headed with Stefan’s thought provoking Flying Solo article. Take a trip with the Coopers to Pinnacle Valley Restaurant for a unique experience and American cuisine or try out Rashuana’s perfect fall Shrimp Fried Rice recipe. I would like to thank the editors, contributors, young lawyers, and bar for all of the support that I have received during my time as Editor-In-Chief and look forward to watching as the newsletter continues to grow and evolve. If you are interested in becoming involved in a leadership position with the newsletter, we currently have an opportunity available to serve as Tech Tips Editor. If you are interested in this position, want more information about contributing to the newsletter, or serving the bar in other capacities, please send inquiries to brooke@arkansasvirtuallawyer.com. Also, thanks in large part to the efforts of past YLS Chair Cliff McKinney; the American Bar Association Young Lawyers Section will be holding their fall meeting in Little Rock this October. I encourage you to attend and participate; welcoming them and showing them that Little Rock was the best choice!

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yls news arkbar young lawyers section

American Bar association young lawyers division fall conference in little rock October 15-17, 2015 little rock THE AMERICAN BAR ASSOCIATION YOUNG LAWYERS DIVISION IS HOLDING ITS FALL CONFERENCE IN LITTLE ROCK ON OCTOBER 15-17! THERE WILL BE OVER 300 YOUNG LAWYERS FROM ACROSS THE COUNTRY IN ATTENDANCE, AND WE HOPE FOR A LARGE GROUP OF ARKANSAS YOUNG LAWYERS TO ATTEND AND SHOW OUR VISITORS SOME GOOD SOUTHERN HOSPITALITY! BELOW IS THE LINK FOR REGISTRATION. IF YOU HAVE ADDITIONAL QUESTIONS, CONTACT ANY OF THE HOST COMMITTEE MEMBERS: CLIFF MCKINNEY, BRIAN CLARY, GWEN RUCKER, MATT FRYAR, GREG NORTHEN, AND JESSICA YARBROUGH.

http://www.americanbar.org/groups/ young_lawyers/events_cle/2015_fall_ conference.html

executive council chair MATTHEW L. FRYAR Chair-Elect GREGORY J. NORTHEN Secretary/Treasurer VICTOR RAY RICHARDSON Immediate Past Chair jessica s. yarbrough District A Reps. AUBREY BARR WILLIAM M. PRETTYMAN III SARAH A. SPARKMAN District B Reps. CALEB GARCIA ABTIN MEHDIZADEGAN GREGORY J. NORTHEN District C Reps. LESLIE J. LIGON ERIC ANDREW MARKS CHRISTOPHER ALAN RITTENHOUSE

At Large Reps. CHASE ADAM CHARMICHAEL BROOKE MOORE JOHN RAINWATER U of A School of Law Rep.

DAVID TRENT HARRISON UALR School of Law Rep.

ERUORE O. OBOH

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hATS OFF If you have information on YLS members who deserve a Hats Off or would like to submit ideas for articles, please contact the Editor of In Brief, Brooke Moore at brooke@arkansasvirtuallawyer.com

Kenya Gordon Davenport opened her own law firm, Davenport & Associates, PLLC this month. The firm is a general civil litigation firm with special services of sealing criminal records and evictions. Lauren Ruff of White and Ruff Law Offices had the joy of winning the American Poolplayers Association (APA) Regional Championships for the "Jack & Jill" competition. It's a scotch doubles competition in 8-ball. The APA is sending Lauren to their National Championships in Las Vegas to compete for a national title. Stefan McBride and his wife, Carmen, welcomed a baby boy, Warren Douglas McBride, on August 20th. He weighed 8lbs. Brooke Moore was recently selected to serve as one of four fellows to the Law Practice Division of the American Bar Association. The fellowship is a unique opportunity toward a leadership path in the ABA and allows fellows to take on a more active role in the Law Practice Division. As part of

Warren Douglas McBride

the fellowship, Brooke has been appointed by the LP Division Chair to serve on the Law Practice Board of Editors, the State/Local Bar Outreach committee, and the ABA Women Rainmakers committee. Sarah Sparkman is the new co-editor of In Brief and will be taking the reigns as Editor-In-Chief as the year progresses. Sarah is Deputy City Attorney for the city of Springdale, where she works with the city's nuisance abatement partnership, advises the planning commission, handles the city's civil matters, and prosecutes criminal, traffic, and ordinance violations. Prior to working for the City of Springdale,

she was the first full-time housing litigant at Legal Aid of Arkansas. She is a native of Green Forest, Arkansas and received her high school diploma from the Arkansas School of Mathematics and Science and her Bachelor of Arts in Journalism and Juris Doctor from the University of Arkansas. Sarah is the co-author of Ethics and Social Media: A Guidebook for Arkansas Attorneys and serves on the YLS Executive Council.

Congratulations to the New Members who will be Admitted to the Practice of Law september 2015 https://courts.arkansas.gov/ announcements/arkansas2015-july-bar-exam-results

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YLS REPORT

The Wonder of a New Year By Matthew L. Fryar This article was originally published in the Summer 2015 issue of The Arkansas Lawyer magazine and is reprinted here with permission.

As many of you know, I have two young daughters—Katie is five, and Anna is four. I have learned many interesting things from my children. First, girls are just as messy, and just as loud, as boys are. Second, Barbies are much easier to dress than Polly Pockets. Maybe most importantly of all, though, the world around us is absolutely fascinating! My children find wonder and enjoyment in the most mundane of things, and I love watching them explore. My daughters have taught me, in the purest sense, the meaning of a word which is oft used but rarely appreciated: wonderful. As I begin this year of service to YLS, I am trying to maintain this outlook on life which comes so naturally to my girls. It is too easy to become bogged down by the routine of our lives and activities, but if we were able to see the world through the filters which my children wear, we would find a renewed excitement about what we do, who we do it with, and how we go about it. I encourage each of you, as you embark on another year as members of the Arkansas Bar Association, to take a second look at your families, your friends, your jobs and co-workers, and your involvement in the Bar Association and YLS; try to find that wonder and innocence with which my children perceive the world. It is an exciting time to be a

young lawyer in Arkansas! I am thrilled to be the chair of YLS this year, and I hope that all of the “young” lawyers in the association will find an opportunity to be engaged in the activities of YLS. Remember, if you are 36 or younger or have been licensed for five years or less, you are a “young” lawyer, and your membership in YLS is automatic when you join the association. I invite each of you to personally reach out to me. If you want to find a way to get involved in YLS, I promise to you that I will find you the right place to serve. Below are a few of the projects on which YLS will be focusing over the next year: Wills for Heroes One of the projects which YLS has historically been involved in is the Wills for Heroes program, in which young lawyers provide pro bono estate planning to members of the law enforcement and first responder communities. My goal is to hold at least three of these events over the next 12 months, each in a different part of the state. I hope that all of you will dedicate a few hours to volunteer for these events when they are held in your area! Domestic Violence Handbook Another project that I am very excited about moving forward is a new Domestic Violence Handbook, which will be the result of

a partnership between YLS and the Administrative Office of the Courts. Once it is written, YLS will utilize a $2,000 grant from the American Bar Association to fund the handbook’s publication and its distribution to domestic violence shelters and circuit clerk’s offices across the state. Debt Counseling As law students become lawyers, one of the heaviest burdens faced is the student loan debt accumulated during both college and law school. I plan for YLS to institute a series of debt counseling programs at both of the law schools to help tomorrow’s attorneys prepare for this challenge. Legislation Every two years, the House of Delegates considers suggested legislative reforms for inclusion in the association’s legislative packet for the General Assembly’s session. This year, I intend to propose legislative reforms concerning the use of restraints on juvenile defendants appearing in court, extension of medical leave rights under state law, and development of a student loan forgiveness program for young lawyers who agree to practice in underserved rural areas of the state. Local Social Events This year, we will be holding small local social events through-

Matthew L. Fryar is the Chair of the Young Lawyers Section. He is a partner with Cypert, Crouch, Clark & Harwell, PLLC in Springdale.

out the state so that all YLS members will hopefully have a gathering close enough to where they live and work that they can spend a couple of hours in fellowship with other young lawyers. Keep an eye on your ACE and Facebook feeds to learn when and where these events will be held. American Bar Association I am very pleased that Little Rock will be the host city for the American Bar Association Young Lawyers Division Fall Conference in October 2015. There will be hundreds of young lawyers from across the country in our beautiful state! Please consider this a personal invitation for each and every one of you to attend this conference, meet your peers from other states, and help us show our visitors why Arkansas is the best place in the country. In closing, I thank you for the opportunity to serve as your YLS chair, and I invite you to join me in looking at our involvement in the association, our unique position as young lawyers, and our obligation to the world around us and to one another through a fresh set of wonder-filled eyes! 

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Join a yls committeee Now is your opportunity to get involved—below is a description of the YLS standing committees. Once you’ve read these, CLICK HERE to make your committee preference selection! Thank you in advance for your willingness to serve the Association, and on behalf of the YLS Executive Council and committee chairs, I look forward to working with you over the next year! --Matthew L. Fryar Please complete your selection(s) by September 25, 2015.

Legal Education Committee. Chair: John Rainwater (Little Rock). This committee is tasked with educating other lawyers about various aspects of access of justice and the administration of the law. This year’s projects will include: Development of a debt counseling program for 3Ls at both UA Law and Bowen Law schools; series of “hot topic” CLEs; planning and presentation of a Young Lawyers tract of CLE at the ArkBar Annual Meeting; updates to the ArkBar Statute of Limitations Handbook. Citizen Education Committee. Chair: Andrew Curry (Rogers). This committee serves to educate the citizens of Arkansas about the law and various legal services available to them. This year’s projects will include: Translation of YLS’s “18 & Life to Go” handbook to Spanish and completion, publication, and distribution of a Domestic Violence Handbook. Pro Bono Committee. Co-Chairs: Nick Arnold (Fayetteville), Lindsey Pesek (Little Rock), and Chris Rittenhouse (Pine Bluff). This committee will plan and carry out at least three Wills for Heroes events in different parts of the state throughout the year, in which volunteer attorneys provide free basic estate planning to members of the law enforcement and first responder communities. Minority Outreach Committee. Chair: Caleb Garcia (Little Rock). This committee will seek to involve and engage members of various minority groups in the activities of YLS and the larger Association, as well as to reach out to minorities in our state’s law schools and undergraduate colleges and universities. Disaster Relief Committee. Chair: Chase Carmichael (El Dorado). YLS is in charge of leading the Arkansas Bar Association’s response to natural disasters by operating hotlines in times of disasters to provide basic legal advice and information about available resources to disaster victims. Committee members will be provided with a handbook containing useful and necessary information for responding to victims’ questions. Social/Recruitment Committee. Co-Chairs: Matt Kezhaya (Bentonville), Greg Northen (Little Rock), and Chase Carmichael (El Dorado). This committee will focus on planning and holding a series of small local social events all over the state, giving members of YLS an opportunity to fellowship with one another. This committee will also assist the Executive Council in making personal contact with each new admittee to the state’s bar and will plan a meal to be served to recent grads taking bar exam prep courses. Communications Committee. Co-Chairs: Brooke Moore (Sherwood) and Sarah Sparkman (Springdale). This committee is responsible for the quarterly publication of YLS’s award-winning InBrief newsletter. Complete your form online: https://fs2.formsite.com/arkbar/form80/index.html

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Yls in brief

flying solo by stefan mcbride

Where is Your Law Firm Going? I lost a bunch of weight several years ago. I learned a lot through that process—a lot about myself, a lot about nutrition, and a lot about discipline. The process took about a year, and by the end of that period I had tried every possible diet. They all seemed to be unpleasant, more or less intuitive, and appeared to work. (Let me clarify: My goal was obviously not a six pack; it was simply to live past 40 and be able walk up a flight of stairs.) My takeaway: You don’t need to control everything about your diet; you just need to select a few things to control. Just keeping track of something—say, carbs or fiber or protein or food color—meant that you were keeping track. And keeping track of what you eat, day after day, month after month, is pretty much the key to consistent weight loss. All you have to do is measure something. I heard people who talked about “eating clean,” having a “balanced diet,” or eating in “moderation.” None of this was helpful to me—if I was the kind of person who knew how to eat a “balanced diet,” I wouldn’t have been in my chunky predicament in the first place. I didn’t need an esoteric principle; I needed something to measure. In the way that law school makes you forget many important things, I forgot all this wisdom when I started lawyering. I didn’t measure anything at first. I just tried real hard to love justice and seek human flourishing. You know—all the practical aspects of advocacy. Stupid. I may have chosen the right goal, but how do you ever know if you get there? (Sort of like “eating clean”; what does that mean?) But I’m not the only stupid one. Most lawyers have not thought carefully about how to measure their practice—and making money is a poor way to measure it. Because we’ve been talking about weight loss, I’ll pick up that metaphor again: If money is your only metric, that is like getting on the scale everyday and hoping that alone will make you lose weight.

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That’s not a metric; it’s the goal. It’s no good to make a bunch of money if you don’t know why it’s coming. If it comes, you won’t know why; if it leaves, you won’t know how to get it back. So what does this mean? The first thing is to decide where we want our solo or small firms to go. That’s another discussion. Once we do, we’ve got to have some way to measure whether you’re advancing toward the goal. It needs to be something objective. It needs to be something that you can control. But just like losing weight, it doesn’t necessarily have to be a perfect. You’ll get a ton of value from tracking anything because it means you’re paying attention. And I’m not talking about accounting or bookkeeping. Expenses and revenue and cash flow are all critical to track, but they still won’t allow you to measure success. They answer the question “Is your law firm financial data in order?” I want to answer a different question: “Is your law firm going where it’s supposed to go?” So what should solo and small firms measure? I don’t know, really. You can’t Google this stuff. Seriously. There are many resources on this topic for large firms that measure things like “PEP” (profit per equity partner). If you’re reading this, I trust that you have no earthly idea what that means. For solo and small firms, however, it’s hard to come up with objective, controllable measurements. Here are some ideas I’ve had: • The average length of time between someone hiring you and your reporting to them a tangible task has been completed that helps resolve their legal issue. (No one minds waiting 30 minutes for a table at a restaurant, but once you’ve got your seat, most of us expect prompt service. Once someone hires you, get something done quickly and let them know. I don’t think the second task matters as much as the first.)

• What percentage of your new clients come to you because someone believed you are remarkable and told him or her to come to you? (Okay, I realize that being “remarkable” isn’t quite objective, but you get the idea—if someone think’s you’re really good. We’ve got to know where our clients come from. This matters. To illustrate: I get a lot of clients off the internet. For most of these clients, I have to sell myself—they have no reason to trust me, really. But when someone recommends me because they’ve seen my work, I don’t have to prove anything. They trust me, which makes everything easier, including getting paid.) • Rank each of your current cases on a scale of 1 to 10 in terms of _______. Then: Why did you rank it that way? (My standard for this question might be something like “excitement” or “intrigue,” but I realize that I’m a nerd. Nevertheless: I think we all should at least be able to put the word “interest” in the blank; if not that, then perhaps “desirability.” I don’t think lawyers are crusaders, but we’re not just making and selling widgets, either: We need to care about what we do. I think it’s an excellent exercise to figure out why we like our likable cases more than others. We should probably try to get more of those.)

As always, I am curious to know any thoughts you might have on the subject. What do you track? What tangible, controllable, quantifiable standards do you use to make sure your practice is moving forward?

Stefan McBride is a family lawyer with Wilson & Haubert, PLLC, in North Little Rock. You can read his semi-weekly blog posts on semi-interesting topics at WHLawOffices.com.

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Yls in brief

arkansas traveler by mary & trey cooper pinnacle valley restaurant Little rock

Pinnacle Valley Restaurant, located at 8501 Pinnacle Valley Road near Maumelle Park and Two Rivers Park, opened in March 2015 and offers traditional American fare with everything from cheeseburgers and catfish Po Boys to steak, beef brisket, and chicken roulette. Pinnacle Valley Restaurant also has a breakfast menu with choices including eggs and bacon, biscuit and gravy, waffles, and French toast. Pinnacle Valley Restaurant offers a deck, party room, and bar. The décor is bright, simple and

brunch because mimosas were involved). As usual, we had two small children in tow and Trey’s mother, my mother-in-law, decided to come along for the trip out west. My mother-in-law and I each had a mimosa (or two, but who is counting, it was a Saturday, right?). We all ordered the Early Bird Special which came with two eggs any style, sausage or bacon, grits or hash browns, and a biscuit for $8.49. It was a great deal for the amount of food we got. Everything was made to order (took a little

comfortable. The restaurant also features a grab-and-go “convenient store” for cyclists in need of water or an energy bar and campers who forgot charcoal. A trip to the restaurant is worth it just to walk around the little store, which has some unique trinkets and other unusual items, including fresh meats, fruits, and vegetables.

longer than a two-year old and nine-month old probably would have liked, but fresh nonetheless) and came out hot. The bacon was excellent, and the sausage came as patties and was also very good. We did not get to try the fresh biscuits, because unfortunately, they were out of those when we were there. However, I would venture to guess those are also quite scrumptious based on our experience. The service was excellent (and not because it just-so-happened that

We visited Pinnacle Valley Restaurant mid-morning on a Saturday for breakfast/brunch (I’ll call it

my boss’s daughter waited on us, or because we left quite a toddler/ baby-size mess on the floor under our table and highchair). All in all it was a very enjoyable breakfast, in a beautiful country-style location, and only just a mile or two from bustling West Little Rock. Pinnacle Valley Restaurant 8501 Pinnacle Valley Road Little Rock, AR 72223 501-673-3900 www.pinnaclevalleyrestaurant. com/PVR-Menu.pdf

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Yls in brief

tasty tips shrimp fried rice by rashauna norment Shrimp Fried Rice

and pepper, and cook in 2-3 teaspoons of olive oil in a large skillet, medium heat until translucent. Push shrimp to outer edges of skillet, add a teaspoon of olive oil to center of skillet and add vegetables, cooking vegetables until tender. Stir shrimp* and vegetables together. Push shrimp and vegetables to outer edges of skillet, add scrambled eggs to center of skillet, stirring until cooked. Stir all ingredients together. Add rice and butter, cooking 2 minutes on low heat, stirring frequently. Add soy sauce and simmer 2-3 minutes.

Preparation time: 10 minutes Cooking time: 20-25 minutes

•

Ingredients 2 cups cooked rice (quick, 1-minute rice also works if you are pressed for time) 2-4 teaspoons olive oil ½ cup of frozen or fresh vegetable mix of choice (peas, corn, chopped carrots, squash, zucchini, celery) ½ cup onions, chopped 2 tablespoons butter 2 eggs, scrambled 2-3 tablespoons soy sauce ¼ teaspoon dried basil leaves or 2 fresh basil leaves, chopped 1/8 teaspoon garlic powder 20-30 raw medium shrimp, tails off, deveined Salt and pepper, to taste

•

Directions • Cook the rice according to packaging, then set aside. • Season the shrimp with garlic powder, basil, salt

* If shrimp starts to overcook, then remove shrimp until rice step.

• • •

This dish can be easily customized by using whatever vegetables you have available. Using shrimp is optional, so it can be substituted for another meat or not used. If meat is not used, add the basil and garlic powder when cooking vegetables. Serve with egg rolls or spring rolls

ARKANSASFINDALAWYER® Market Your Law Practice for only $75/year

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What law clerks Want by sidney stewart

1. What is the most effective way for a young attorney to assign tasks to law clerks? The most effective way to receive assignments is in person or over the telephone, because it allows a clerk to immediately ask questions or confirm that he or she understands the assignment. Receiving assignments through e-mail can be problematic, because there is no opportunity to actively discuss the assignment with the attorney. An assignment via email often creates questions that a clerk may not feel comfortable emailing to the young attorney. Assigning tasks in person or over the telephone is the most efficient and effective method.

2. How should young attorneys provide feedback to law clerks? A written list, detailing positive and negative comments about a clerk project is very helpful and appreciated. When the feedback is provided in person, it is easy to get sidetracked and dwell on the criticism. As a result, a clerk may overlook the positive comments, which are important. Having written feedback is best way for a clerk to process the information and review the feedback before completing future assignments.

3. How should a young attorney brief a law clerk on a specific case? A young attorney should communicate the relevant facts of a case to a clerk during an in person meeting, so that the clerk can understand the pertinent facts of the case or ask for clarity. Often, the pleadings in the client file do not tell the complete storyâ&#x20AC;Śor the pleadings tell a story from the opposing partyâ&#x20AC;&#x2122;s viewpoint. Knowing the facts from the young attorneyâ&#x20AC;&#x2122;s perspective is useful when drafting pleadings or researching possible defenses.

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4. How can young attorneys assist law clerks to enhance their clerking performance and experience? Mentoring by young attorneys is helpful, because clerks feel that the younger attorney can more easily relate to the clerkâ&#x20AC;&#x2122;s position. Meeting with a clerk outside of the formal office environment (i.e. attending lunch or event) creates a more comfortable and open environment. It is much easier for a clerk to ask questions, share thoughts, and discuss issues when he or she is not in the formal office environment. Sharing horror stories of clerking mistakes and even embarrassing experiences can be encouraging. Clerks feel more comfortable if they realize that even the smartest attorneys make mistakes and that one mistake is not detrimental to employment. Encouragement builds confidence, which enhances clerk performance and reduces intimidation and nervousness.

5. What type of assignments to law clerks prefer? The most fulfilling tasks are tasks that a clerk can follow from the beginning to the end. Working on assignments for a case from the early stages until it settles or goes to trial instills a sense of

accomplishment and teamwork. Clerks feel more involved and more invested in the outcome of the case, if they are involved from the beginning. Actively participating in case management and staying engaged enhances clerk productivity.

at the bottom, all clerks have questions, and every clerk feels lost at one point or another. The more receptive the attorney is to questions, the easier it is to open up and ask those questions.

6. What assumptions do you think young attorneys make about law clerks?

This is not our only job, we are still in school. Often attorneys can forget that law clerks are balancing work, classes, classwork, professional organizations, law review, and their personal life.

They assume law clerks know what they are doing! That is normally not true, especially in a clerkâ&#x20AC;&#x2122;s first couple of clerkships. Assignments that seem easy and self-explanatory to young attorneys are sometimes very confusing and difficult for a clerk. Over-explanation, instead of assuming that a clerk knows the applicable law or meaning of the assignment, is always best.

7. What would you like a young attorney to know about law clerks? Clerks have a million questions! However, often, clerks do not ask questions because they fear that the attorney will think they are incompetent. I have had the privilege of working with some very smart and ambitious clerks. Regardless if the clerk is at the top of his or her class or

8. What should young attorneys keep in mind when interacting with a law clerk?

9. How can young attorneys make the clerking experience more enjoyable? Allowing clerks to attend hearings, depositions and meetings with clients makes the clerking experience more enjoyable. The more involved a clerk gets in a case, the easier it is complete case assignments. Observing attorneysâ&#x20AC;&#x2122; interactions with one another, clients, and opposing parties provides a different perspective of practicing law and teaches clerks skills that law school does not provide.

Sidney Stewart is an alumni of the University of Central Arkansas. She received her B.A. in Accounting and Finance and is a Certified Public Accountant (C.P.A). She is currently attending William H. Bowen School of Law and is expected to graduate in May of 2016.

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What law clerks Want by ambere thompson

1. What is the most effective way for a young attorney to assign tasks to law clerks? I prefer to receive detailed assignments. Young attorneys often skim over simple, yet important, details because they are more familiar with the legal process and procedure. It is best to pretend that a law clerk has absolutely no idea what you are talking about. Given the detailoriented nature of the legal profession, it is important to provide detailed assignments so that a law clerk can properly complete the assigned task or project.

2. How should young attorneys provide feedback to law clerks? Feedback should include positive and negative commentary. I prefer to be shown my errors, with an explanation if necessary, so that I can understand the error to prevent future repetition. With respect to editing Microsoft Word documents, “Track changes” is an excellent way to reveal law clerk errors. “Track changes” reveals spacing errors and can be quickly used by a reviewing young attorney. Young attorneys should provide law clerks with detailed explanations if errors become a reoccurring issue.

3. How should a young attorney brief a law clerk on a specific case?

I am quite visual. For me, I prefer to review the client file. A quick case overview from the young attorney is a great way to understand the relevant facts and issues presented. If a young attorney provides a brief summary of the case to his or her law clerk, the law clerk is able to focus on the case and process information more quickly.

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4. How can young attorneys assist law clerks to enhance their clerking performance and experience? Young attorneys can assist their law clerks by communicating more frequently. The communications should be specific and should involve feedback. Because of the fast-paced nature of the legal profession, many young attorneys do not review mistakes and explain corrections to their law clerks. When explanations are provided, clerking performance improves.

5. What type of assignments to law clerks prefer? I really do not have a specific assignment preference. I prefer to be assigned a variety of tasks, so that I can become acquainted with all aspects of the legal process. In addition to legal tasks, I enjoy housekeeping tasks, because It is important to have an understanding with respect to how a legal office operates and how to maintain one efficiently. I also prefer to be assigned multiple tasks at once, because managing multiple assignments is excellent preparation for the fast-paced nature of the legal profession.

6. What assumptions do you think young attorneys make about law clerks? Young attorneys assume that law clerks are knowledgeable in certain areas, because the law clerk attends law school and has taken a particular class. Likewise, young attorneys assume that law clerks are familiar with certain assignments, because the law clerk has previously worked for a law firm. This is not the case. Young attorneys should not make assumptions. Young attorneys should communicate better with their law clerks to determine whether the law clerk is knowledgeable. Even if the law clerk is knowledge, the young attorney should remember that the law clerk is not familiar with the his or her specific law practice office preferences.

7. What would you like a young attorney to know about law clerks? All attorneys should keep in mind that law clerks are genuinely trying to do their best. The majority of law clerks are not going to slack off or give anything less than their best. Most law clerks understand the importance of building a career and maintaining a good reputation; therefore, most clerks will not take the opportunity to learn or

advance for granted. Until proven otherwise, young attorneys should assume that a law clerk is doing the best that he or she can.

8. What should young attorneys keep in mind when interacting with a law clerk? Attorneys should be mindful that feedback is the best way to correct clerk issues. Please remember that law clerks are absorbing massive amounts of information. Providing positive reinforcement and constructive criticism is crucial to the attorney and clerk experience.

9. Do young attorneys have any misconceptions about law clerks? It is often assumed that law clerks have basic legal knowledge because they have clerked before or because of their status in law school. Each firm is different and operates differently. Because of this fact, there is always an adjustment period for the clerk. It takes time for a law clerk to become acquainted with a specific firmâ&#x20AC;&#x2122;s preferences.

Ambere Thompson received her B.A. in Criminal Justice and Philosophy at the University of Arkansas. She is currently attending the William H. Bowen School of Law and is expected to graduate in May of 2017.

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yls publishes new social media handbook Ethics and Social Media: A Guidebook for Arkansas Attorneys The Young Lawyers Section recently published its online guide to social media. This guidebook is intended to give lawyers, whether new to the profession or seasoned and experienced attorneys, insight into the world of social media and how its use—for both personal and business purposes —intersects and interplays with the Arkansas Rules of Professional Conduct.

" This guide is not meant to discourage you from having an online presence; rather, it is meant to point out ethical predicaments so you can find creative ways to have an online presence while you can rest easy knowing that you are working within the Rules of Professional Conduct. "

The handbook is located at Arkbar’s website under Law Practice Management.

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ArkBar F A L L

2 0 1 5

C L E

September-December 2015

www.arkbar.com Register online Purchase CLE Select Preview Agendas

Fall Calendar

Watch for the 2015 Fall Desk Catalog in the mail soon

September 24: Assets in Unity: Marriage, Divorce and Planning Ahead October 1: Ethics: Marketing, Social Media or Online Presence October 2: Hot Legal Topics October 8: Article 9: What It Is, How to Use It and Updates on the New Rules October 23: Privacy Law October 29: Rock & Roll CLE October 30: Gun Trusts November 12: Human Trafficking November 13: Government Practice November 20: Fall Legal December 3: Defending DWI December 4: Elder Law