Four initiatives equally important to the landscape of growth and profitability have for the most part remained separate programs within the scope of law firm planning. These initiatives have been the subject of scrutiny within the legal profession while being included as the criteria and methodology on many lists including The American Lawyer's "A" List. Diversity, pro bono, recruiting and marketing comprise the newly minted platinum, gold, silver and bronze best practices standard for today's law firms. Add to the mix client service and relations and you have the makings of growth and profitability. In this article I will introduce you to an aligned architecture where diversity, pro bono, recruiting and marketing create the "perfect" law firm.

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This month, we are presenting a special insert focusing on leadership in law marketing. I was privileged to once again have Wisnik Career Enterprises work with me on "The Best of Law Firm Leaders in Marketing." I am also thrilled to have David Freeman, who sits on our Board of Editors, authoring an article on his take on leadership.

Concern has arisen among corporate counsel that despite their best efforts at development and monitoring of electronic document retention programs, sanctions ranging from fines or adverse jury presumptions to default judgments may be imposed if electronic information is not handled correctly. Consider, for example, that a company recently was sanctioned $2.75 million after 11 key employees failed to comply with a "freeze" and lost electronic information as their computer files were overwritten for several months. <br>Recent proposals to amend the Federal Rules of Civil Procedure to account for electronic documents and to provide a "safe harbor" limitation on sanctions could provide some relief.

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While the number of workers choosing to become independent contractors is growing, companies who hire them may face a hidden downside to this trend ' lengthy IRS or state audits, heavy fines, and discrimination lawsuits ' all due to employer misclassification of "1099 workers."

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Part One of this article, in last month's issue, discussed the attorney-client privilege in general and how the Rules of Evidence and Civil Procedure impact the privilege.

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Recent rulings of importance to you and your practice.

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A Los Angeles District Court of Appeal threw out a suit by a man claiming that unmarried couples of the opposite sex should have the same right as same-sex couples to file wrongful-death suits. Jack Holguin said the law's exclusion of unmarried heterosexual couples violates his equal protection rights. <i>Holguin v. Flores</i>, B168774, Los Angeles' 2nd District Court of Appeal, Sept. 15, 2004. Holguin's girlfriend, Tamara Booth, was killed in a car accident. They had lived together for 3 years, but never married.

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Income tax refunds can involve substantial sums, and are a frequent source of disputes between divorcing spouses. Before advising a client regarding distribution of a joint tax refund, the matrimonial practitioner should review the applicable law. Federal tax law often dictates a different result from that of state equitable distribution or community property law, and the lawyer must know the difference. Liability for taxes does not necessarily confer a property interest. For example, although the parties to a joint federal income tax return are jointly and severally liable for the taxes payable for the year in question, and although the refund check is drawn to the order of the parties jointly, they do not necessarily have joint ownership rights to the tax refund.