How Do You Adapt Legal Strategy to Accommodate New Legislation?
In the ever-changing landscape of law and consulting, adaptation is key to staying ahead. Insights from a CEO and a Managing Partner reveal how professionals are navigating these shifts. From overhauling data practices for GDPR compliance to emphasizing psychological evidence in abuse cases, experts share a total of nine actionable strategies. Explore how these leaders are pioneering new approaches to meet the demands of evolving legislation.
- Overhaul Data Practices for GDPR Compliance
- Revise Strategies for New Tax Laws
- Adapt Divorce Strategies for Tax Law Changes
- Leverage New Legislation for Client Defense
- Focus on Economic Losses in Malpractice Cases
- Target E-Scooter Companies for Client Wins
- Pivot Strategies for Gig Economy Cases
- Advocate for Fathers' Rights in Custody Cases
- Emphasize Psychological Evidence in Abuse Cases
Overhaul Data Practices for GDPR Compliance
When the GDPR went into effect, I had to overhaul how my agency collected and handled client data. We updated our intake forms, privacy policies, and data-storage procedures to ensure compliance. For example, we stopped collecting information unrelated to the services requested and streamlined how long we retain data. We also offered training for employees on securely handling sensitive information.
We soon realized these changes could attract more clients. To spread the word, we published blog posts on the new data protection laws and spoke at industry events on practical steps for compliance. Our content demonstrated our expertise in privacy issues, leading to new project inquiries and long-term client relationships.
Most recently, as certain states moved to allow lawyers to advertise in different ways, I carefully reviewed how those new rules might impact marketing strategies. We began optimizing for voice search and testing new platforms to reach potential clients on their preferred channels. By adapting ahead of the curve, we gained an early-mover advantage to capture new opportunities.
The law is constantly changing, so my team and I make it a priority to stay on top of new rules and trends. We evolve our strategies to not just comply but thrive; such flexibility and foresight have been instrumental to our success and growth.
Revise Strategies for New Tax Laws
As an attorney and CPA, I am always adapting my strategies to changes in the law and regulations. For example, when the new tax law was passed in 2018, I spent weeks analyzing how it would impact my clients and revising the tax-planning strategies I provide.
One client was considering selling their business, so I revised my analysis of the tax implications of the sale to account for changes like the increased estate tax exemption and new pass-through deductions. By adapting to the new tax code, I was able to save this client over $200,000 in taxes on the sale of their business.
In my law practice, I follow developing trends in areas like employment law and revise client contracts and employee handbooks to ensure compliance. For example, when new regulations were issued on non-compete agreements, I reviewed and redrafted agreements for several clients to align with the updated laws. By staying on top of legal changes, I am able to provide the most effective counsel and advocacy for my clients.
My philosophy is that the law is constantly evolving, so legal and tax professionals must maintain a commitment to lifelong learning. I regularly attend continuing education courses and stay up to date with publications on new legislation, court cases, and regulations in all areas of law and tax that impact my clients. Adaptability and expertise are key to providing the best service.
Adapt Divorce Strategies for Tax Law Changes
At Right Lawyers, we had to adapt our legal strategy when the Tax Cuts and Jobs Act of 2017 significantly impacted the treatment of alimony in divorce cases. Before this legislation, alimony payments were tax-deductible for the payer and considered taxable income for the recipient, which often influenced how alimony was negotiated. However, under the new law, alimony payments are no longer deductible for the payer or taxed as income for the recipient for divorces finalized after December 31, 2018.
This change had a major effect on our approach to negotiating divorce settlements. Many of our clients, particularly those who were in higher income brackets and would have benefited from the tax deductions, found the new law unfavorable. To adjust, we had to incorporate creative financial solutions into our divorce strategies to compensate for the loss of the tax benefit. For example, we began focusing more on asset division and retirement accounts to help balance out the financial impact, rather than relying solely on alimony as the primary method of support.
Additionally, we had to ensure that our clients clearly understood how this new tax rule would affect their financial future. For some, this meant adjusting their expectations regarding long-term support, while others benefited from renegotiating alimony into lump-sum payments or a more favorable property division.
By staying informed about legislative changes and actively adjusting our legal strategies to align with the new laws, we were able to help clients navigate these significant shifts in financial expectations during their divorces. This proactive approach not only protected our clients' interests but also reinforced the importance of staying current with legal trends to provide the best possible representation.
Leverage New Legislation for Client Defense
We've had several instances in which a change in legislation or legal trends can actually help a plaintiff's claim or the defense of a matter, and had adapted our legal strategy to fit that. For example, if a client of ours has been sued, providing evidence that the defendants are on top of the latest legislation, legal trends, and recommended practices can help provide evidence that a particular client is in compliance or making every effort to comply. These new trends and legislation are also good advice to provide to business clients on a regular basis and add value to representation. And the clients appreciate it.
Focus on Economic Losses in Malpractice Cases
As an attorney focused on personal-injury law, I often have to adapt my legal strategies to changes in laws and regulations. When California passed legislation limiting non-economic damages in medical malpractice cases, I knew I had to rework how I built cases to still maximize compensation for my clients. I started focusing more on proving economic losses by obtaining detailed medical records, employment records, and expert testimony to quantify income loss and future medical costs. Using a forensic accountant, I was able to substantiate over $1M in economic damages in a 2011 medical malpractice case, securing a $6M settlement for my client's traumatic brain injury.
Regulatory changes also impact how I handle rideshare-accident cases. When California legalized ridesharing, the rules around liability and insurance were complex. I made it a priority to become an expert in rideshare regulations and insurance requirements. In a 2016 case, I was able to prove the rideshare company's $1M insurance policy had been triggered, forcing them to settle for $3.2M. Understanding the law allowed me to hold the company accountable.
I've found attorneys have to continually expand their knowledge in this field. I joined several professional associations to stay up to date with legal trends. I reviewed case law daily and took regular legal education courses. While the law is always changing, the key is using your experience and expertise to adapt your strategies. If you make understanding the practical impacts of legislative changes a priority, you'll be better equipped to achieve the best outcomes for your clients despite the shifts.
Target E-Scooter Companies for Client Wins
With the surge in e-scooter accidents and resulting legislation surrounding their regulation, we quickly adjusted our strategies to target not only the individual riders but the companies responsible for manufacturing and maintaining these devices. By adapting our focus to include issues like defective products and negligent maintenance, we strengthened our ability to win cases for clients injured by e-scooters. This adaptation capitalized on emerging legal trends, allowing us to pioneer in this developing area of personal injury law.
Pivot Strategies for Gig Economy Cases
A recent case involving a rideshare accident forced us to rethink our approach when new legislation emerged around the gig economy. The law changed how drivers were classified, which directly impacted liability and insurance coverage. We had to pivot quickly and focus on proving that the driver was indeed an employee, not an independent contractor, to access higher coverage limits.
This shift in strategy allowed us to secure a more favorable settlement for our client. Adapting to legal trends like the gig economy is crucial, especially when those changes can significantly affect compensation in injury cases.
Advocate for Fathers' Rights in Custody Cases
An example of how we've adapted our legal strategy involves the changes in paternity law and their impact on fathers' rights. With the increasing trend toward equal parenting rights and the recognition of the importance of a father's role in a child's life, we shifted our approach to ensure that fathers receive equitable treatment in custody cases.
When Oklahoma amended its laws to encourage shared-parenting arrangements, we swiftly adapted our case strategies to emphasize the critical role fathers play in their children's lives. In cases where joint custody aligns with the child's best interests, we advocated strongly for it. This legal shift prompted us to focus on presenting compelling evidence of our clients' active involvement as fathers, including their emotional, financial, and daily contributions to their children's upbringing. Additionally, we ensured our clients understood how these legal changes could benefit them, providing proactive guidance on building a solid case that leverages this evolving trend in family law.
By staying attuned to these legal trends and legislative changes, we can continuously refine our strategies to best serve our clients' evolving needs in family law cases.
Emphasize Psychological Evidence in Abuse Cases
The shift in legal precedent around institutional-abuse cases meant we had to adjust our strategy to focus more heavily on psychological evidence rather than just physical harm. By working closely with mental-health professionals and trauma experts, we strengthened our cases by showing the profound emotional and psychological impact of abuse. This approach has been essential in winning cases with more substantial compensations for our clients.
