Jaimee Hall

Jon Hyman offers important insight for employers on accommodations and employees’ medical needs. #HR #DEI “This decision underscores the importance of flexibility and understanding in enforcing workplace policies when dealing with employees' known serious medical conditions. It's crucial to engage in the interactive process to explore reasonable accommodations, as courts will hold employers accountable for rigidly applying policies without considering employees' medical needs.”

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Here's what happens when you die without a will in Missouri (and it's probably not what you expect): → Your spouse doesn't automatically get everything → If you have kids, your spouse only gets the first $20,000 plus half of what's left → If your kids aren't from your current marriage, your spouse only gets half. Period. → The court decides who manages your estate (not you or your family) → Your estate could be tied up in probate for months or even years The worst part? The state's plan for your estate probably doesn't match what you would have wanted. But at that point, it's too late to do anything about it. Think state intestacy laws will protect your family? Think again. I've seen countless families torn apart because someone thought "I'll get around to it eventually." Often, eventually never comes. Want to learn more? Check out our recent content on this topic: 🎥 https://lnkd.in/g_brHSCW 📝 https://lnkd.in/gDbmJ8ju What's your take? Have you encountered any surprising situations with intestate estates? Share your experiences below. #EstatePlanning #Probate #LegalTips #MissouriLaw

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This The Wall Street Journal article suggests that performance improvement plans are designed simply to get rid of an employee. That should never be its purpose. If done correctly, it allows both the manager and employee an opportunity to have a direct, transparent in-depth discussion about legitimate performance concerns. Too often, performance conversations are ignored because they are just too difficult or painful. The #PIP provides an opportunity to force that conversation into the open. As #HR professionals know, without requiring this process, too many managers will just keep putting off these difficult conversations. The employee deserves to know what the problems are and should be given a reasonable and fair chance to turn thing around. If an employee is later terminated, will this process help defend against a #wrongfultermination claim? Of course it will. The essence of such a claim is that an employee was unjustifiably fired. Just because this process can be used to defend against such a lawsuit doesn’t make it illegitimate or evil. Its central purpose is to help to ensure fair treatment; its “side benefit” is to help to minimize costly legal claims. #employmentlaw #hrlaw #chro #gc #inhousecounsel #wrongfuldismissal

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When identifying new board members, character matters. Boards need directors who are fundamentally proactive in their character - not reactive. The difference between: Proactive vs reactive. Reactive “I’m not responsible.” It’s so much safer to say “I’m not responsible.” If I say “I am responsible” then I might have to say “I am irresponsible.” - Stephen Covey. #leadership #corporategovernance #boardroom

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I once made a rather public mistake. In a large file with multiple counsel, there was a scheduling email chain going around. Our team had not yet weighed in and I was feeling anxious that we say something. I do not remember why I did not raise that with the partners on the file first, maybe I thought I was taking initiative. I ended up replying-all to say that I was free for the time being suggested. Truly I thought I was helping. The other perspective, shared by one of the partners on the file in what I have to believe was a mistaken reply-all email (😱), was that I had overstepped and embarrassed my team. They made it clear that I should not have broken ranks and should have consulted internally before weighing in. True, and helpful to know. But wow with the reply-all email. That stung. Obviously the email thread got really quiet after that. A senior counsel from another firm, when they saw me in person, privately sympathized with me about how it had gone down. This was a lawyer who had all the profile, all the street smarts, and zero extra time for another firm's junior. Yet they extended that small act of collegiality. I have never forgotten it. Takeaways? * Mistakes happen, sometimes they are embarrassing and public, and eventually they fade. * There is always something you can learn from mistakes (the chain of command was never more clear to me than after that!) * Private correction is always better than public. Double check your reply! And: * Being a decent human being to people you work with, in and outside of your firm, is always the right thing to do.

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Sticker Shock! 😲 I'm not talking about the grocery store (although I definitely have sticker shock there!). I'm talking about sticker shock in litigation. We’ve all seen it—a client receives that first demand letter or the opening number in mediation, and the color drains from their face. Here are three strategies to help them process it without hitting the panic button 🚨: Reset Expectations Early and Often: Tell your clients in advance that the first number thrown out is rarely the final number. It’s like those fantasy football predictions—nice in theory, but we all know it’s a wild guess. Remind clients that the opening demand is just that: an opening. The negotiation journey is ahead, and this is just the starting line. Focus on the Forest, Not the Trees: Once the initial shock wears off, it’s essential to refocus the conversation on the bigger picture. What are the goals? How can we get there? Reframe the demand not as a final price tag, but as one part of the broader negotiation strategy. Reframe as Opportunity: Encourage clients to view a high demand as an opportunity to tell their side of the story and lay out their own evidence and position. It’s not a personal attack—it’s just the other side doing their job (albeit aggressively). Emphasize that this gives us the chance to build a strong counter-narrative. Sticker shock is real, but with the right approach, clients can move past that initial gut reaction and get back to focusing on the end game. #EmploymentLaw #MediationMatters #ClientRelations #NegotiationTips #LawMom #CaliforniaLawyer #Mediation #Settlement #Negotiation #Law #Litigation

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What’s in a title?  Quite a lot, actually! Laura Hutchinson and I recently made a small but meaningful change: updating our titles to Co-CEO.   For years, I’ve held the title of President, while Laura served as Vice President. But those titles didn’t actually reflect our leadership dynamics or the way we run our organization.   At Barker Hutchinson, we’re proud to lead a growing, predominantly female-led team that's passionate about advancing women’s careers. Setting an example by challenging stereotypes is part of our mission, and our old titles unintentionally suggested a hierarchy that didn’t fit our collaborative approach.   While Laura and I have different roles, we share equal responsibility for shaping our vision, driving our values, and leading with intention. Our new titles reflect this shared commitment to leadership.   This shift may seem small, but it’s a step toward breaking some of the outdated norms and embracing the female-driven leadership that defines our culture.   I couldn't be more proud to lead this organization together with Laura.   #Leadership #WomenInLeadership #EqualityInBusiness

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The term "accidental CEO" is meant to highlight people who've had an unconventional rise to the top. Of course, there's nothing wrong with acknowledging someone has had a non-standard path to leadership: it can be encouraging to see that there isn't a single path to success. However, the term "accidental CEO" can also lead to people looking at leaders, particularly women, as if they aren't qualified for the job. Even if you didn't plot your rise to leadership, that doesn't make you any less capable or deserving of your spot. #WomenLeadership #GenderEquity

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Pre-mediation meetings can seem unnecessary. But they work. Many mediators hold pre-mediation sessions. Participants often question their value. Despite that, these meetings lay crucial groundwork for successful mediation. Here's why: Jumping straight into mediation can be overwhelming. (Everyone is eager to resolve, but tensions are high) Instead, we mediators use pre-mediation to prepare. We help parties clarify their goals and concerns. And ensure everyone is on the same page before mediation begins. Lay the foundation with a pre-mediation meeting. It will save you a ton of stress, confusion, and potential setbacks during mediation. ♻️ Found this helpful? Repost it to your network!

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When it comes to taxes, putting off the inevitable isn't a great plan. Procrastination is not a strategy - including for attorneys when it comes to their personal income taxes. But so often, new partners in BigLaw firms feel lost when it comes to this area. And they don't get the help they need. If you're an equity partner in a US law firm, and just made it past April 15th, you may be realizing now that waiting until the last minute wasn't such a great idea. Or that you could have done a better job of planning to avoid unexpected surprises. And if you're a lawyer expecting to become an equity partner in your US law firm in the next year, it's not too early to start thinking about how being taxed as a shareholder will change how you have to plan, save and budget when you stop being a W2 employee. You want to get it right from the start when you join the equity ranks. In today’s episode of Big Law Life, I am joined by Kelley Brubaker, CPA, who advises law firm partners on their personal taxes and hosts the “Your Profitable Law Firm” podcast. Kelly shares how law firm shareholders and owners can better approach tax planning, budgeting, and the transition from being salaried employees to equity partners.  Kelley brings a practical and personal approach to talking about this subject, which can be really tough no matter what your income and no matter how strong your practice. We talk about: * How to manage unpredictable income; * Set up multiple bank accounts for better financial management; * Handle capital calls and other firm contributions; and * Getting it right through early consultation with a tax professional who understands both your firm and your personal financial situation. I hope you'll check it out at: https://lnkd.in/eSW8N_HT #biglaw #lawfirmpartner #equitypartner #amlaw100 #amlaw200 #lawfirmmanagement #personalfinancialmanagement #personalfinanceforlawyers #lawyers #attorneys #lawyercoach #attorneycoach

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Increasing the non-equity partnership ranks in a BigLaw firm isn't a guarantee of long-term financial success, including profitability. In some firms, non-equity partnership seemed like a good path, until compensation for that role took a substantial hit, as the need to pay high-profile, equity partners increased and the non-equity ranks grew. At the same time, some non-equity partners have been told they to work much harder despite that lowered compensation - think billable targets of 2,300 or 2,500 hours annually or more -- to grow revenue for the firm. And many senior associates see a tougher path even towards non-equity partnership, as they watched heavy lateral hiring that increased partnership ranks overall but will force them to wait longer, without a sense of when or if they will advance in their careers at the firm. I've heard these specific concerns from my clients, many of whom are looking to leave their AmLaw 100 firms, including those at the very top of that listing, because of these issues. Without managing the talent pipeline, firms risk losing top associates, counsels and non-equity partners that are critical to increasing and maintaining robust PEP over the long term. And turnover, churn, and replacement of key talent can make it harder to continue to meet ambitious financial goals. Will BigLaw firms find a solution? The American Lawyer analyses this week dig deeper - including as the numbers indicate that by next year non-equity partners will likely exceed equity partners as a percentage of all AmLaw 100 FTE lawyers. #biglaw #lawfirms #lawyerlife #lawfirmpartner #lawfirmcompensation #amlaw100 #lawyercoaching #lawyercoach #lawfirmmanagement #lawfirmsuccess #legalindustry #businessoflaw

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Smart advice Chris Lema. We all need to put in the work, take action, and give things a shot—because from what I’ve seen helping hundreds of companies succeed over the past 30 years, moving forward and taking action (as you say- "go with the goers") is the game-changing mindset and activity that separates dreamers from doers and ideas into success stories.

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Why the U.S. Department of Labor Got the Independent Contractor Issue All Wrong As someone who has owned a business for 23 years that uses independent contractors, I believe that the U.S. Department of Labor’s (DOL) recent ruling on that topic does a huge disservice to many individuals who want to work but cannot, for legitimate reasons, work a traditional 9-5 Monday to Friday job. This also limits the qualified labor pool that employers can draw from which in turn drives up what firms have to pay their employees. Estimates by Upwork and the Freelancers Union indicate that there are nearly 60 million independent contractors currently working in the U.S. Many of these individuals will not be able to remain in the workforce if DOL and other government entities continue to narrowly define this classification. What is needed is to create more categories of what constitutes “employment” instead of trying to more narrowly define what constitutes an employee”. There is a BIG difference. DOL’s proposal is designed to make most workers employees and therefore easier for DOL and IRS to monitor compensation and collect proper taxes while also ensuring that individuals receive appropriate pay. While I agree that there are many firms that violate the independent contractor rules to save money and make more profits, to punish individuals who truly need to work as independent contractors and force them into traditional 9-5 M-F jobs does a huge disservice to those who want to work. It also removes valuable workers from the labor force and hurts the economy. Arguments that it is difficult to monitor and fairly compensate independent contractors are bogus. Payment programs and calendar programs that enable contractors to enter their availability and track time worked are readily available as online platforms. Pay rates should be comparable to what the person would make if they were an employee (but slightly less to offset their need for flexibility). Both the DOL and the IRS need to more clearly define what constitutes an independent contractor (the newly defined classification is convoluted and confusing).  IRS should require that any firm using an independent contractor must report those individuals annually by filing form 1099-NEC and providing the form to their contractors at the end of each year. Failure to properly do this should result in severe penalties to the employer. The Department of Labor also should consider developing a generic independent contractor agreement that details the responsibility of the employer and the contractor and any firm that wishes to use contractors would be required to provide a copy to their workers to sign. Expanding, rather than decreasing, the categories of what constitutes “employment” would create a more effective labor force and increase the pool of available workers. The tools to take this approach are readily available and would produce a winning solution for the worker, the employer and government entities.

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Think before you execute that release as the language in that release matters. A couple of weeks ago I posted on a case study that touched upon the harsh reality of a contractor that signed a modification (change order) with release language. Here is a snippet from that case: "We hold that the language in paragraph 8 of Mod 93 is unambiguous, and the [trial] court clearly erred in holding that [the contractor] did not release its cumulative impact claims attributable to that modification. The language plainly states that [the contractor] released the government from any and all liability for equitable adjustments attributable to Mod 93. At best, there may be ambiguity as to which claims are “attributable to” a given modification, but we cannot glean any ambiguity about which types of claims are released-Mod 93 clearly, unambiguously releases the government from “any and all” liability. As the Supreme Court stated in United States v. William Cramp & Sons Ship & Engine Building Co., “[i]f parties intend to leave some things open and unsettled, their intent so to do should be made manifest.” Further, the government’s payment of over $2,000,000 in Mod 93 constitutes adequate consideration for [the contractor’s] release. In the absence of an ambiguity, we decline to examine the parties’ extrinsic evidence [i.e., parol evidence]." Regardless of whether or not this was the right ruling or that that the trial court found there was no intent to release a cumulative impact claim, the intent did not matter to the appellate court because the plain language of the unambiguous release eliminated the need to entertain parol evidence.

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Did you know ya girl is a legal content powerhouse? ⚡ Not only am I currently a Contributing Author and Editor for one of the world’s largest legal database companies, but I've been doing this for over a decade. My joy is crafting consumer-facing legal blogs with some of that good ol' SEO magic. I love my fellow lawyers, but we yall sure love a run on sentence and some legalese. Be Fierce & Kind® has worked with law firms and lawyers across the legal spectrum: 💻Business Law 🐕‍🦺 Disability Law ⚖️ Criminal Law 🌍Estate Planning 👶Family Law 🏥Personal Injury If I haven't practiced it, I'm going to learn it. I did graduate top of my class in law school with a heap of legal writing and best paper awards (humble brag). From blogs and social media management down to website creation and press releases, I've got you covered. Guarantees are for fortune tellers, not lawyers. Plus, you work directly with the ME- not a minion or some faceless corporation. Get started at https://lnkd.in/dDjdrY9M #legalmarketing #attorneyseo #legalcontent #lawfirm #digitalmarketing

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FAMILY MALPRACTICE is rampant - but what is it exactly? (And have you committed it yourself?) *NOT having an up-to-date last will, or not having a last will at all *NOT probating a deceased’s relative estate *NOT taking the step-up in basis to avoid a large tax liability These are all examples of Family Malpractice (TM) that I see on a regular basis. Family Malpractice (TM) is the term I coined for malpractice when it comes to taking care of family legal matters. It’s when a person does something - or, more often, *neglects* to do something - that ends up harming family members and other heirs. The examples above, and many others, can cause legal headaches for heirs and beneficiaries. They can be expensive and time consuming to deal with, and perhaps worst of all, these legal problems can damage or destroy family relationships. Have you committed Family Malpractice (TM)? Are there any legal tasks you mean to get done - like having a will or power of attorney drawn up - that you just haven’t gotten around to yet? My advice is to take care of those matters sooner than later. Your family will thank you. 

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