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<b><I>Voice of the Client</I></b>: Why Put Clients on Mute?
When I was asked to write about “the voice of the client,” I was hesitant to accept the assignment — not because it is not an important subject, but because the voice of the client is still largely silent. For more than 20 years, many in our industry have been writing about the importance of getting client feedback. We have suggested that firms bring clients to retreats and to informal luncheons; we suggest that lawyers ask them for advice on everything from client service excellence and billing practices to firm strategy.
A number of firms have increased their efforts to bring the voice of the client into the firm, but the vast majority still do very little to consistently obtain client feedback and input. What I find interesting — dare I say paradoxical — is that lawyers are willing to ask clients to provide input for a branding initiative. They are more comfortable asking a client to take a call from someone at an agency to ask questions about the firm's perceived market position, than they are asking for feedback.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.