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During good times, lawyers struggle with knowing how best to communicate and stay connected with clients without pestering or being a burden. This is only exacerbated during times of uncertainty when the pressure to develop business intensifies and lawyers' fear of looking tone deaf, overly aggressive, or self-interested rises.
Generally, there are two paths to follow. Lawyers can hunker down and wait it out, hoping that an opportunity to reengage with clients will present itself. Or they can lean into their discomfort and suspend their self-interest, meeting clients where they are even when there may be no immediate billable work or new business to be had.
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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.
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