The legal trends of 2024 depict a landscape shaped by technological innovations, global connectivity and ethical considerations. As legal professionals adapt to these evolving trends, they must navigate the complexities. Law, like any industry, is constantly changing. 2023 saw tightening credit markets, the advent of AI and geopolitical tensions that caused market destabilizations. These events had unique impacts on the practice of law in 2023. While it is impossible to predict what will happen in 2024, there are brewing trends to be mindful of. This article highlights some of those trends as we proceed in the new year. 1. Increasing Importance of Value  The 2020 COVID-19 pandemic initiated a multiyear wave of government stimulus that flushed the global market with cash. That influx of cash brought with it inflation that necessitated increasing attorney hourly rates to keep pace with inflation. The inflationary growth rate has subsided, but the hourly rate increases have maintained. Clients want quality advice and are willing to pay for it, if it is done efficiently and delivers value. In that regard, Clients will be looking for creative and tested legal advice, with attention to their business and needs. Entering 2024, attorneys should focus on these goals so that they deliver service of high value to their client at reasonable cost. That type of representation will distinguish you from peers and encourage clients to accept your desired rates. 2. A Smaller Globe Either organically or by merger, businesses continue to expand geographically. This trend will continue and potentially accelerate, in 2024. As businesses grow globally, so do their legal needs. Attorneys should continue adapting their experience to the legal needs of clients by following clients’ business and growth trends. In 2024, this means, in part, augmenting your legal network, either within your firm or externally, to serve as an effective and innovative problem solver to clients with a growing global footprint. 3. Generative AI Takes Root In 2023, AI launched onto the scene. In 2024, it will take root. AI’s integration into industries is creating major change—the extent of which we do not know in the short-term. Lawyers should embrace these changes by studying available AI and determining how to use it to enhance their services within the confines of applicable law and ethical rules. AI tools can augment legal research, document review and contract analysis while reducing time and costs. But AI remains the subject of review and critical discussions aiming to assure—among other goals—protection of confidential and privileged information, data privacy, cybersecurity and appropriate internal use of a firm’s historical work product. Attorneys should integrate AI into their practice with care and attention to the responsibilities of our profession, including, but not limited to, maintaining client confidences and providing competent and accurate legal advice. 4. Brands Continue to Count Coming off 2023’s economic headwinds, it is important to develop and maintain a premier brand to protect and accelerate growth. Branding, both in and outside the practice of law, have been shown to enable businesses and professionals to enhance their stature and profitability. Clients have an unprecedented range of potential service providers. With that backdrop, 2024 will likely continue to see branding be an important component of one’s business strategy, particularly branding that embodies those characteristics valued by historical and new desirable clients. 5. Remote Work, Hearings & Office, are Here to Stay COVID-19 brought on both good and bad. Some of the good was the virtual ability to render legal services. As one example, more judges post-pandemic host hearings virtually. Indeed, almost every Fulton County state and superior court judge offers virtual hearings. Virtual hearings increase flexibility for litigants and save clients expenses in reducing lawyer travel time. Law firms, while encouraging in-person work, are more accepting of remote work and often use this flexibility to recruit and retain top talent. We are now multiple years removed from the pandemic and these once newfound norms remain. We should expect them to carry on into 2024. Conclusion The legal trends of 2024 depict a landscape shaped by technological innovations, global connectivity and ethical considerations. As legal professionals adapt to these evolving trends, they must navigate complexities, uphold ethical standards and strive towards a fair, accessible, and sustainable legal system that meets the demands of a rapidly changing world. The fusion of innovation and ethical governance remains central to the ongoing evolution of the legal sphere. We should be mindful of the above legal trends and incorporate them into our practices. Jake Evans is a shareholder at Greenberg Traurig, who practices complex business litigation and is the former chairman of Georgia’s State Ethics Commission.

True the Vote Defeats Fair Fight, Stacy Abrams, Marc Elias, and the Biden Department of Justice in Landmark Election Case in Georgia Federal Court Fair Fight et al v. True the Vote et al | Case No. 2:20-cv-0302-SCJ HOUSTON, TX, January 2, 2024 - True the Vote (TTV) declares a decisive triumph in their legal battle against Stacy Abrams' Fair Fight, legal teams led by Marc Elias, and the Biden Department of Justice. A federal court in the Northern District of Georgia today affirmed that citizens have the right to lawfully petition their government in support of election integrity without fear of persecution or prosecution. In a resounding vindication, TTV successfully defended its actions of December 2020, aiding Georgia citizens in filing elector challenges based on data showing over 364,000 voters appeared to be ineligible to vote due to change in residency. This victory is a testament to every American's constitutional right to free speech and the importance of actively participating in the electoral process. True the Vote President Catherine Engelbrecht affirmed, "Today's ruling sends a clear message to those who would attempt to control the course of our nation through lawfare and intimidation. American citizens will not be silenced.” True the Vote lead attorney Jake Evans stated, “After almost three years of litigation and a two-week federal trial with plaintiff calling 12 witnesses, Judge Steven Jones awarded a complete defense verdict for all defendants. This decision is monumental. It vindicates True the Vote in totality and establishes that eligibility challenges under Section 230 are a proper method to ensure voter rolls are accurate. I am grateful to help achieve this great victory.” Engelbrecht added, "This is an answer to the prayers of faithful patriots across America." True the Vote remains steadfast in its mission to support trustworthy elections and looks forward to assisting citizens in future such lawful efforts. Jake Evans is a shareholder at Greenberg Traurig, who practices complex business litigation and is the former chairman of Georgia’s State Ethics Commission.

Congratulations to those recently passing Georgia’s bar exam! After being sworn in, you will be an attorney at law. While it’s a notable achievement, your career is just beginning. This column outlines tips for freshly minted lawyers to help set the tone for future success and to navigate the ever-moving terrain of the practice of law. Although this column is oriented for our most junior lawyers, we can all benefit from a refresher on tips for growing as an attorney. 1. Embrace a Learning Mindset: Approach your first year with an eagerness to learn. You will soon discover how much you don’t know. Be receptive to feedback, seek guidance from mentors and colleagues and continuously educate yourself on the ever-evolving legal landscape. The harder you work, the faster you will learn. The habit of being eager to learn should persist throughout your legal career. No matter your year level, you can never learn enough. 2. The Devil is in the Details: As a junior attorney, others are relying on you to get the details right. From drafting contracts to conducting legal research, precision is key and, unlike in law school, imprecision has real-world consequences. Develop a keen eye for detail and nuisance. Ensure your work is thorough and accurate. A meticulous approach not only instills your colleagues’ confidence in you, but it also contributes to the success of your cases. One mistake can diminish others’ trust in your work and often will be remembered. 3. Seek Mentorship: Identify mentors that can provide guidance, both on practical skill development and career management. Don’t be afraid to seek out mentors at different stages of their careers—diverse perspectives can maximize the data points and prisms through which you view life. Don’t view mentorship as a one-way street; make sure to offer value to your mentor in every way that you can. 4. Build Good Habits: The importance of building good habits early cannot be overstated. As a new lawyer, you are entering a new environment, physically and mentally. This presents a unique opportunity to build new habit patterns. Be punctual. Be focused. Be hardworking. Be great at everything you do. Building these habits early will put you on a potent professional trajectory. 5. Good Attitude is Key: As a junior attorney, your colleagues are not expecting you to know everything. You have been hired because of your potential and your employer’s benefit in that potential. Don’t have a bad attitude when feedback and constructive criticism is offered. Embracing this feedback is critical to your development. Also working with someone with a bad attitude can be insufferable and offset any of the positive characteristics that a person may have. Embracing feedback with positivity can set you apart. 6. Immerse Yourself: Immersion is the best way to learn a foreign language. Likewise, immersion is the best way to learn the practice of law. Whether it be due diligence or legal research, wholly immerse yourself in your work. Be a sponge, seeking to absorb every piece of information and guidance about the law practice possible. Work late. Go to bar-related events and CLEs. Learn from those that have been successful in law. You will be amazed at the results that will flow from a couple of years of unfettered immersion. 7. Prioritize Professionalism: Starting your career, you are an unknown to many. Your initial years are highly formative to what your brand and reputation will become. It is, thus, important to maintain a high standard of professionalism in all your interactions. Treat clients, colleagues and staff with respect. Uphold ethical standards and demonstrate integrity in your work. Professionalism is not only a reflection of your character, but also a reflection of your firm and colleagues’ character. Cherish and protect that reputation. 8. Enjoy the Journey and Be Patient: No one starts at the top. Mastery takes years of strenuous, focused cultivation and focus. Enjoy the journey of professional development. Each stage has unique joys and difficulties that mold an individual. One day you will reflect on the early stages with appreciation. A favorite quote of mine is that “life is not about waiting for the storms to pass, but learning to dance in the rain.” Don’t wish your professional career away yearning to get to the next level. Enjoy and embrace the journey. Be patient. You will get out of your career what you put into it. The first year as a lawyer is a period of significant growth and adaptation. Congratulations on making it this far. I am excited to see where you will go. Jake Evans is a shareholder at Greenberg Traurig, who practices complex business litigation and is the former chairman of Georgia’s State Ethics Commission.

There are many articles on depositions, but few are drafted for the people being deposed. This article provides tips for a giving a good deposition and can be provided directly to your clients that are preparing for a deposition. 1. Understand the Deposition Process At a deposition, there is a court reporter (who transcribes the questions, answers and objections), the deponent (who is the subject of the deposition and will be questioned), the defending attorney (who represents the deponent and is defending the deposition) and the questioning counsel (who asks questions in the deposition). Parties to the lawsuit can also attend depositions. Depositions typically take place at the deponent’s attorney’s office or at a location that is convenient to the deponent. While depositions do not take place in court, they should be treated as though they do because everything said can be equally used at court. Depositions should last seven hours or less. 2. Be Honest The most important tip in giving a good deposition is to tell the truth. You are under oath at all times during the deposition. Not only are their legal consequences, including perjury, for being dishonest, but being untruthful is also the quickest way to dismantle your case. Telling a lie requires another lie to cover-up the first lie. This sequence creates a limitless cycle of dishonesty that the evidence will not support. It is critical be truthful. Otherwise, your case will fall apart, which could become the least of your worries. 3. The Four Horsemen The Four Horsemen of a good deposition are (1) yes, (2) no, (3) I cannot recall and (4) can you repeat the question? As a deponent, your duty is to tell the truth and answer the question that was asked. If the answer to a question is “yes” or “no,” then answer “yes” or “no.” If asked what time it is, tell them what time it is; don’t tell them how to make a luxury watch. If you cannot remember the answer to a question, then say that you cannot recall. In a deposition, you are under oath and everything you say can be held against you. Guessing the wrong way has consequences, and the law does not require you to speculate. Lastly, if you do not understand the question or need clarity, ask that the question be repeated. These four responses are what I call the Four Horsemen of a good deposition. That said, there may be times where you want to convey more than a simple “yes” or “no” and drive our own positive themes and messages forward. This is what we call the “yes and,” “yes but” or “no and” or “no but” response. These responses are necessary where the other side is trying to use you to convey his or her point of view, and it is important to answer but convey your own message in response so you are not simply agreeing with what the questioner asked. 4. Look Good, Feel Good Understand whether the deposition is being videotaped or only being transcribed. If the deposition is being videotaped, which typically only happens in preservation depositions or those involving an important witness, then that video can be used at trial and, thus, be viewed by the jury that is deciding your fate. As such, dress as you would at trial – in a suit and tie. Even if the deposition is not videotaped, dress well. You want to be confident, and looking good goes a long way towards this goal. 5. Be Aware of the Pregnant Pause Human beings dislike silence while in social interactions. Empirical studies have found that, even when trying to stay silent, human beings can only maintain silence for seven seconds, at which point continued silence becomes very uncomfortable, typically resulting in someone breaking the silence by speaking. This psychological tendency presents a powerful way to get deponents to say more than they should. Be aware of your discomfort with prolonged silence and don’t fall prey to the pregnant pause. 6. Preparation Like any performance, preparation is key to giving a good deposition. You should review any documents or potential evidence related to the case. This includes emails, contracts, reports or any other materials that may be relevant to the deposition. Being well-acquainted with these documents can help you answer questions accurately and confidently. Also think about the questions that the opposing counsel may ask and prepare your answers. Consider the weaknesses in your case and orient your answers in a truthful way to lean on your case’s strengths and minimize its weaknesses. Your lawyer can help with this brainstorming. 7. Listen and Understand the Question Don’t rush your responses to questions. This deliberation serves two purposes. First, it allows you to absorb and comprehend the question. And second, it provides your lawyer with sufficient time to object if needed. To this point, don’t forget one of our four horsemen – if you don’t understand the question, don’t be afraid to clarify! 8. Maintain Composure Depositions can be intense, and you may face challenging or confrontational questions. Indeed, if you are the party in a case, confrontational questions are almost inevitable. It’s important to remain calm, composed and respectful throughout the deposition. Losing one’s temper or becoming argumentative can harm the credibility of your testimony. In the end, depositions are just conversations. There is no need to be nervous. But it is important to be prepared. Preparation will greatly enhance your performance and assuage any anxieties you may have. Jake Evans is a shareholder at Greenberg Traurig, who practices complex business litigation and is the former chairman of Georgia’s State Ethics Commission.

Few legal principles are as sacred as the attorney-client privilege. This privilege shields communications between attorneys and clients from compelled disclosure. It is a cornerstone of the American legal profession, fostering open and honest communication between clients and their legal representatives. Preserving this privilege is paramount and requires diligence and careful attention. This column will explore essential tips for safeguarding the attorney-client privilege. 1. Understand the Scope of the Privilege and Educate Clients: It’s important for both attorneys and clients to have a clear understanding of what constitutes privileged communication. The privilege applies to confidential communications between an attorney and their client that are made for the purpose of seeking or providing legal advice. As such, it is advisable to avoid discussing non-legal matters or sharing information in a context where privilege might not apply. Empower clients with an understanding of the attorney-client privilege and its limitations. Educated clients are more likely to contribute to maintaining the privilege by being cautious about what they share and with whom. 2. Establish the Confidentiality Intent: To ensure the privilege is maintained, explicitly state, preferably in writing, that a communication is intended to be confidential and is for the purpose of seeking or providing legal advice. This can be done through engagement letters, email headers or other identifiers in written communications. Such documentation can help provide automatic presumptions that a respective communication is confidential. Saying in all caps “PRIVILEGED AND CONFIDENTIAL” on confidential communications is never a bad idea. 3. Limit Third-Party Presence: Whenever possible, limit the involvement of third parties in communications between attorney and client. The presence of third parties, even family members or friends, can potentially weaken—or even waive—the privilege. The third-party must be an agent of the client for the privilege to be maintained and only certain agents necessarily maintain privilege. If it’s necessary to involve a third party, consider seeking a separate legal opinion on the matter. 4. Use Secure Communication Channels: In today’s digital age, communication can easily be compromised. Use secure communication channels when exchanging sensitive information, such as encrypted emails or secure messaging platforms. Be cautious when discussing matters over unsecured phone lines or public Wi-Fi networks. Lastly, be very careful discussing confidential matters in public settings (this can be the easiest way to waive privilege). 5. Avoid Sharing Information Extraneously: When discussing legal matters, stick to the relevant details. Sharing unnecessary information increases the risk of inadvertently waiving the privilege. Only disclose what’s essential for legal advice or representation. Keep personal discussions and legal discussions separate. 6. Be Cautious in Group Communications: Group emails or meetings involving multiple clients and attorneys can be tricky. If one client waives the privilege by sharing information, it could potentially affect the privilege for all parties involved. If feasible, hold separate discussions for each client to preserve individual privilege. 7. Separate Business and Legal Advice: If an attorney provides both legal and business advice, it’s important to clearly delineate when they’re operating in each capacity. Mixing business and legal advice can blur the lines of privilege. It is advisable to scroll down email chains to see if a string involves privileged and unprivileged topics. Start a new chain where necessary. And encourage clients to seek separate legal counsel for legal matters, even if they are already receiving business advice from the attorney. 8. Address Waiver Carefully: Waiver occurs when a party intentionally or inadvertently relinquishes the protection of the privilege, thereby allowing those communications to be disclosed. In situations where the privilege might be inadvertently waived, consult with legal counsel immediately. Preventive actions can be taken to reduce or eliminate the risk of waiver, but these actions must be promptly taken. Not all legal systems recognize the attorney-client privilege. It is an important privilege recognized in American jurisprudence that protects a client’s most sacred confidences. It is critical to be vigilant in taking all efforts to safeguard the attorney-client privilege. Using the above tips, the attorney-client privilege can continue to serve as a bedrock of trust and candid communication within the legal process. Jake Evans is a shareholder at Greenberg Traurig’s Atlanta office who practices complex business litigation and is the former chairman of Georgia’s State Ethics Commission.

The legal industry is becoming increasingly competitive. Businesses are in-sourcing more legal work. Law firms are consolidating. And hourly rates are increasing. These changes, along with others, have intensified the importance of maintaining and growing a client base. This column offers attorneys business development strategies to help thrive in today’s dynamic legal landscape. 1. Win. The single best way to generate business is to win for clients. Winning means to achieve your client’s goal(s) in a representation. A “win” varies depending on the representation. For some, a “win” could be getting a client out of jail. For others, a “win” could be closing a transaction in the face of tightening debt markets or a pending antitrust investigation. Regardless of what a “win” is, achieving it creates unparalleled client loyalty and a reputation that you get stuff done. No number of dinners, speeches or networking events can replicate the business that will flow from “winning” for your clients. 2. Take Your Client’s Matters Personally. Viewing your client’s matters as they are your own will push you to perform your best. Often clients do not contact an attorney until things have gotten bad. These problems are frequently the most significant problems in a client’s life, and they expect their lawyer to fix them. By taking these matters personally, you will communicate with the client in a way that shows that you appreciate the problem’s gravity and your willingness to go to the mat to achieve the client’s goal(s). There is no better way to get referrals than from elite-level client service. 3. Be Authentic. Just as many roads lead to Rome, there are many ways to develop business. Some attorneys have success with one-on-one client meals. Other lawyers swear by speeches or conferences. Within each of these venues, there are micro-strategies to maximize the success of a particular event. It is most important for each lawyer to objectively examine and determine what works for them. And, in whatever medium, be authentic when pitching clients because, if you aren’t, the client will see it. 4. Execution. Virtually all lawyers know the actions that can help generate business. What distinguishes lawyers is not knowledge, but execution. Woody Allen said that “80 percent of success is just showing up.” For business development, this statement is largely true. Showing up, whether it be at a networking event or client dinner, creates more opportunities. Great ideas combined with great execution generate great results. 5. Build a Brand. Customers buy brands. The legal industry is no exception to this rule. As an attorney, you have a brand. Your brand is what your peers would say about you in two sentences when you leave the room. What brand would your desired clients buy? Every action that you take in your professional practice should further this brand. 6. Stay in Front of Your Clients and Prospective Clients. At least half of business development is keeping your current clients. Don’t focus so much on new clients that you neglect your current clients. As your book grows, your bandwidth and available time correspondingly shrink. This reduction, though, is no excuse for a lack of responsiveness and attention to client matters—all of which are important. Improve your time management, which I outlined in a previous LegalEdge column, to maximize your ability to stay in front of your clients and prospective clients. 7. Identify and Define Your Target Market. Determine the industries, businesses, or individuals that align with your legal expertise and experience. Understanding your ideal client’s needs, pain points, and challenges allows you to tailor your services and marketing efforts to meet their specific requirements. A clear and well-defined target market enables more focused and efficient business development initiatives. 8. Never Stop Growing. For various reasons, whether it be leadership changes or business dissolutions, clients are going to come and go. Attrition is a natural result of the practice of law. As such, if you are not growing, then you are dying. If you feel you are at capacity, keep growing. If you have reached your desired book of business size, keep growing. Life is always going to hit you with unknowns, and relentless growth is the best way to blunt the effect of the unknowns. In the fiercely competitive legal landscape, effective business development is no longer optional for legal professionals—it is essential for career growth and the long-term success of a law practice. Embrace what distinguishes you and never stop growing. Jake Evans is a shareholder at Greenberg Traurig who practices complex business litigation and is the former Chairman of Georgia’s State Ethics Commission.

With rising jury verdicts and increasing demands for predictability, businesses are aggressively exploring tools to maximize outcome certainty. This need is particularly present in complex civil litigation actions. One helpful, but often underutilized, tool are forum selection clauses. This column explores the benefits of forum selection clauses and the considerations for the best forum.

When faced with a legal dispute, the decision of whether to settle or to continue the litigation is a critical one that requires careful consideration. Here are tips on the factors to consider when deciding whether to settle a dispute:

When drafting a contract, consider including a forum selection clause to specify the jurisdiction or venue where any disputes arising from the contract will be resolved. This clause can help provide clarity, convenience, and potential advantages for all parties involved. Here are some key points to keep in mind: