The judicial branch decides the constitutionality of
federal laws and resolves other disputes pertaining to federal laws. Members of the
Judicial Branch are appointed by the president and confirmed by the Senate.
The legislative branch is made up of the House and Senate, known collectively as the Congress.
This body makes all laws, declares war, regulates interstate/foreign commerce along with controlling
spending and
taxes.
This body of law relates to crime. It proscribes conduct preceived as harmful, or otherwise endangering to the health, property, safety, and moral welfare of people inclusive
of one's self. Most criminal law is established by statute enacted by a legislature.
Criminal law includes
punishment and rehabilatation of people who violate such laws.
The primary purpose of civil law is to resolve disputes and provide compensation for someone injured by someone else's acts or behavior. This legal system
originated in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referrable system.
International law is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptual framework for states across a panoply of domains including:
diplomacy,
trade, war and
human rights in order to promote organized
international relations.
According to the FBI, there have been an average of 3,000-4,000 cyber-attacks a day during 2022 ¾ an increase
of more than 400% over previous years. Much of this was driven by the massive shift to remote working due to the pandemic. All those devices using less-than-secure home
Wi-Fi were irresistible to
hackers.
Another troublesome trend is the rise in ransomware attacks . In the typical ransomware attack, hackers gain access to a victim’s systems through a vulnerability, encrypt their data, and then demand a ransom paid in Bitcoin or another cryptocurrency in exchange for unlocking it. Law firms are not immune to this, and it is not just a problem faced by Big Law.
In fact, firms with fewer than 20 lawyers account for half of all ransomware attacks in the legal industry. Entire court systems have also fallen victim to ransomware in the past year.
For this reason, cybersecurity experts are advising law firms of all sizes to focus even
more on securing their data in 2022 advancing forward. And, if firms have not already, they should definitely be working cybersecurity expertise into their budgets for the coming year, and beyond.
While hacking threats present obvious challenges for firms, they also present opportunities.
Cybersecurity attorneys are in high demand in the wake of the pandemic and the trend has created a lateral hiring spree among midsize
and boutique firms, with many launching new practices. For law firms that already offer cybersecurity counsel, it might be a good time to double down on marketing and business development in that area.
There are an estimated 57 million freelancers, or “gig workers,” in the United States, with some saying they account for 35% of the American economy.
And, while many people do freelance work because of the freedom and flexibility, it can also be a vulnerable way to earn a living, something that has been underscored during the pandemic.
There has also been controversy around whether some gig workers should be eligible for benefits and sick leave available to other types of employees.
All of this has led to a push to reclassify gig workers as employees. President Joe Biden made it a campaign promise, and the federal government intends
to issue a proposed rule next spring outlining how to determine if workers are independent contractors or employees under the Fair Labor Standards Act.
This issue could become more critical in 2023, and law firms will likely be asked to help guide clients through appropriate procedures and policies to ensure they are compliant with any changes.
The events of 2020 also brought into sharp focus the importance of diversity and inclusion in all facets of American life, and the law is no exception. Many firms
issued statements this past summer denouncing racial inequality.
The Minority Corporate Counsel Association’s 2020 Inclusion Index Survey Report provided some data to back up the mixed diversity message coming from the legal industry.
Survey respondents agreed that “law firms and corporate legal departments cultivate a number of positive cultural elements.” However, the report notes that “the data shows that these organizations continue to struggle with improving
leadership diversity and inclusive cultures.”
It's clear that firms must take more concrete steps in this area, and many are doing so. At least 117 firms have signed on to the Mansfield Rule initiative,
which provides a certification program that helps law firms establish hiring and promotion protocols to increase diversity in law firm leadership
ranks.
The unprecedented shift to working from home in 2020 led to empty offices across the United States this past spring. And while many people will be returning
to their brick-and-mortar workplaces, it is not likely that commercial buildings will be at full capacity for some time.
As a result, we will likely see shifts continue in the commercial real estate space through 2023. Already some are predicting an increased availability
of flexible or short-term leases.
Subletting, could also be on the rise as companies cut back on their footprint temporarily while holding space in reserve to meet growth needs. All of this likely means
commercial real estate lawyers will be called upon to help their clients, both landlords and tenants, get creative to respond to this
new reality. Law firms themselves might also want to examine their office needs and make changes.
The wave of lockdowns and restrictions in response to the pandemic sent a ripple through the economy that will
likely be felt for years to come. Already, commercial bankruptcy filings are up by at least a third over last year. This will likely continue well into 2023
as stimulus measures expire, PPP funds deplete and the availability of
additional government relief remains uncertain. All of this means bankruptcy lawyers will be busy for the foreseeable future. In fact, law firms with
bankruptcy practices were already preparing for a flood of work as early as last May 2022. As with cybersecurity,
bankruptcy lawyers are now a valuable commodity, with laterals in high demand.
