Can You Really Replace Your Lawyer with Artificial Intelligence and Internet Forms ?

Some months ago, I sat in a monthly CEO round table discussion regarding artificial intelligence (AI) and how it does and may, in the future, impact each of our businesses. One of the CEO’s astutely said he imagines in the not so distant future he won’t be needing me for much. He thinks he will be able to get all of his business deals done through Siri, Google or Alexa. After we all chuckled for a minute, I thought about whether that is true. If not, why not? If so, what do we need to do to differentiate ourselves from AI lawyers and law firms.

In considering the options, I came to the conclusion that he is partially right, and at the same time, very wrong.

He is right because so much information is available on the internet and finding forms that look pretty good or on point is not too hard today. With AI, finding the right form and information should be even easier. On the very wrong side of the equation, there is actually some art to what we do. Some of the clients who need us the most have tried to save money by drafting for themselves only to find themselves in a messy situation. Often, the drafts are inconsistent, lack key provisions, have language that is hard to interpret and create unintended consequences. Form agreements do not reflect orally agreed terms.

AI will get better.

With AI, it’s conceivable that some of the problems described above will dissipate. I still believe, the best business lawyers will continue to distinguish themselves from other lawyers with practical counsel based on experience.

AI will not compete with great legal minds.

When we hire young lawyers, I look for great minds with personalities that can communicate. Law school does not teach you to perform the tasks of a lawyer, but rather how to think like a lawyer. How to assess risk and pursue results. As business lawyers, we need to do even more. By learning from our clients about their business, we anticipate the future of business dealings and changes to law. Then, we design business structures that can grow with the business itself. So for our business clients, AI will need to be more than a system that pumps out forms to effectively compete with us.

Practical business advice will be difficult to convey.

We look at each client situation both from the practical business situation as well as the legal and risk management side. Our clients are small to mid-size businesses that are accelerating. We respond quickly, effectively and with an eye on the budget. We offer practical advice that is supported by quality legal work. Often, our clients’ businesses will need cash infusions or loans. We endeavor to ensure the business is being run and documented in a way that enables investors to invest without adding undue burden to the business owner. We need to be good at business – not just good lawyers.

Culling the information is an art.

As good as AI may be, the quantity of information will be daunting. Clients will be challenged to discern the practical solution. Culling forms and knowing what various types of investors need, what the IRS requires and balancing have to have, with nice to have, with not really needed, is an art form. It is learned from the number of deals we have done and from the experience of listening to the voice and tone of the client and other parties. The work changes with outside factors as emotions and desires of all of the parties fluctuate.

So at least until proven otherwise, I would be willing to put up my team and experience at the Walk Law Firm, PA up against the advice of Siri, Google and Alexa as practical business lawyers for small to midsize and accelerating businesses. We may create less forms in the future, but I am confident we will still be needed for our practical business and legal counsel.

WALK LAW FIRM, PA Named a 2017 Law Firm 500 Honoree for Fastest Growing Law Firms in the United States

We are very proud of the growth our firm has experienced over the last 3-years, but our record only stands because of our tremendous clients, dedicated team and passion for providing practical and timely legal counsel for businesses and their owners.

“Although we have grown quickly, we have worked hard to be measured by  results for our clients, not growth for growth’s sake,” commented Rochelle Friedman Walk, Esq., President of the Walk Law Firm, PA. “Our team has been dedicated to providing excellence in customer service resulting in many happy clients. In doing so, our commitment and focus has taken us on a fabulous journey of growth – both personally and for our business,” she continued.

We are pleased to announce that our law firm has been named a 2017 Law Firm 500 Honoree awarded to the fastest growing law firms in the US. It began earlier this year when we were nominated for our growth, operational excellence and commitment to client service. To our surprise, we were ranked 74th, which was stunning for a firm of 3 lawyers.

A significant area of growth for us has been in advising buyers and sellers of e-commerce businesses, especially Amazon.com, Jet.com, Ebay.com and other well known online retail. We strive to understand the current state of the art and the best methods for transferring, funding and managing the sale of these types of accounts and businesses.

We believe our focus on what we do best has enabled clients and referral sources to stick with us and rely on us. We exclusively represent businesses and their owners with a passion for quality, practical counsel. Whether the project is an acquisition of a new business, the sale of equipment, company agreements, partnership and shareholder agreements or simply practical counsel on how to handle a sticky situation, employment matter or intellectual property license, we are ready and willing to jump in and help.

The Law Firm 500 Award is an honor for our firm to receive and a tribute to our team. We are proud to serve our clients and delighted to be including in this list of growing and dedicated law firms.

As we continue to grow we encourage you to follow our progress, and stay in touch! You can view the full list of Law Firm 500 Honoree firms here: https://lawfirm500.com/award-honorees/

 

When the DOL Proposes Changes to the Overtime Rules, Employers Must Take Note

WHEN THE DOL PROPOSES CHANGES TO THE OVERTIME RULES, EMPLOYERS MUST TAKE NOTE.  In 2014, 8,086 lawsuits were filed in federal courts for violations of pay practices under the Fair Labor Standards Act (“FLSA”).  Of these, 1,837 lawsuits, or approximately of 23% of all FLSA lawsuits in the United States, were filed in Florida.  In March 2011, a Florida-based company paid more than $754,000 in overtime back wages following a finding by U.S. Department of Labor (“DOL”) that its temporary supervisors were misclassified as exempt employeesSimply, improper time and pay practices are costly mistakes.

Earlier this month, the DOL proposed changes to the rules governing the white-collar exemptions (executive, professional, administrative, highly compensated, and computer related employees) to the overtime requirements under the FLSA.  The DOL estimates that the proposed rule changes will extend overtime protections to an additional 5 million employees.  Any business with at least 1 employee, should:

  • Understand the existing rules and proposed changes
  • Assess the impact of how the proposed changes will affect employee classification, timekeeping and pay practices, and payroll
  • Consider submitting comments to the DOL concerning how the proposed changes will affect your business. You may do so at: regulations.gov  on or before September 4, 2015.

THE EXISTING RULES AND THE PROPOSED CHANGES

Currently, under the FLSA, all employees covered by the Act, unless they specifically exempted, must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. Employees who fall within the white collar exemptions are not entitled to receive overtime pay — regardless of the number of hours they work within a workweek.  To fall within one of these exemptions, employees must (1) be paid on a salary basis, (2) be paid at least a fixed minimum salary per week of at least $455.00 per week ($23,660.00), and (3) meet certain requirements as to their primary job duties that are specific to each exemption.

For more detailed discussions on the FLSA, 
please see the videos on the FLSA previously made by our new Of Counsel 
Attorney Kerry Raleigh at:
·         Introduction to FLSA
·         Employee Overtime:  Common Mistakes & Perceptions
·         Employee Overtime: Employers Need to Get It Right

THE PROPOSED CHANGES:

The DOL proposes three key changes to:

  • Set the standard salary requirement for the white collar exemptions from $455.00 per week to the 40th percentile of weekly earnings of full-time salaried workers, which is currently $921.00* per week ($47,892.00* annually);
  • Increase the total annual compensation requirement for the highly compensated employee exemption to the annualized value of the 90th percentile of weekly earnings of full-time salaried workers, which is currently $122,148.00* annually; and
  • Establish a mechanism for automatically updating the salary and compensation levels going forward to ensure that they will continue to provide a useful and effective test for exemption.

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Key Reasons to Create an Employee Handbook— or at least appropriate policies

An Employee Handbook organizes and contains company policies and procedures. There are numerous reasons for employers to choose to issue an Employee Handbook or Employer Policy Manual. Although there is no federal or Florida law requiring private employers to provide a handbook, there are some communications you are required to make to your employees.

Each month, we receive numerous calls form clients with employees who would like to make a change in how they handle anything from payroll to work hours to ethics matters and use of computers, mobile phones, tablets, internet, social media and websites. Without policies and procedures in place, and without a clear statement of expectations, clients often find themselves stuck on making changes and communicating expectations.

Policies are governed by both federal law and state specific law and regulations. Compliance with both is a necessity. The Federal Department of Labor has a terrific tool called E-laws Adviser. At the Walk Law Firm, we recommend our clients review and use that tool in addition to calling us for advice. It covers wage and hour laws as well as other important matters such as determining if someone and independent contractor or an employee.

At the Walk Law Firm, we pride ourselves in assisting our clients with practical advice that is compliant with the law. Not every decision is black and white and when making decisions to eliminate a position or downsize in general, it is important to seek quality advice. We represent employers primarily, but have also assisted many executives as well as employers with executive compensation matters such as stock bonuses or stock incentive plans or other equity incentive plans, separation agreements and employment agreements.

Employee Handbook FAQs:

  • An Employee Handbook introduces new employees to the company, gives the company a chance to set forth your expectations for your employees, and provides an introduction to the company;
  • An Employee Handbook makes it easier to ensure that all employees receive notice of the company’s policies;
  • An Employee Handbook creates a centralized place for employees to look for answers and guidance on your company’s practices and expectations, and what to do in various situations; and
  • An Employee Handbook and signed acknowledgments of receipt can assist in an employer’s legal defense, such as when non-compliance leads to termination of employment or another kind of adverse employment action.

Do Not Inadvertently Create a Contract

  • Employee Handbooks must be drafted in a manner that does not create legal obligations that the employer did not intend, and contain provisions reserving certain employer rights. Preparation of the handbook or at least review by your counsel is crucial.

Maintaining a Handbook

  • Employers must review Employee Handbooks periodically to ensure that all policies are current and lawful. At a minimum, a handbook must be reviewed and revised, if necessary, when there is a change in the law, employer policies or procedures, and when the employer expands into new states.Employer