Posts tagged lawyering
Access to Justice Presentation

Today, I have the opportunity to speak at the Kentucky Bar Association's New Lawyer Program about access to justice issues in the Commonwealth. This blog post contains links to information and materials that I referenced in that talk. It probably won't make sense outside of my talk, but here you go...

Existing Landscape for New Lawyers: this is a non-exhaustive list of legal aid organizations, nonprofit law firms, lawyer referral services, government agencies, legal associations and membership organizations, and allied organizations/nonprofits currently working across multiple issues and across the Commonwealth. 

Let's Start a Law Firm: the short-run podcast I did with Annie O'Connell about how to...um...start a law firm

Link to Access to Justice Panel event hosted by the American Constitution Society on February 1, 2018

My Fake Law School Commencement Address

All Your Worth: The Ultimate Lifetime Money Plan by Elizabeth Warren and Amelia Warren Tyagi

You Need a Budget software

Evicted: Poverty and Profit in the American City by Matthew Desmond

60 Tips in 60 Minutes

Thought Technologies

Equipment        

Technology Hygiene        

Law Practice Management        

Tools for Doing Law

Getting Better

Being Online        

Analog Technologies        

Officewarming Open House for 900 and 902 S. Shelby Street

In July of 2015, we moved Ben Carter Law from downtown Louisville to the neighborhood of Smoketown. When I worked with the Network Center for Community Change, we did a lot of work in Smoketown and we are thrilled to be in the community each day now. 

Now, after almost a year, the plywood is off the windows, the floors are sort of clean, and our offices are almost full of great people, businesses, and nonprofits. Come celebrate with us, check out our space, and make some new friends. Think of this as a great excuse to head out of the office a little early on May 13. The party starts at 4:00.

Please RSVP to the Facebook invite (or, if you're not on Facebook, contact me) just so that we can try our best to get the food and drink right. We'll post updates to food and drink once we get caterers/food trucks dialed in. The Facebook event is public, so feel free to invite your friends. 

We have worked hard to find great people to share the offices at 900 and 902 South Shelby Street. We have a great mix of businesses, nonprofits, artists, and one political candidate. We don’t do the same kind of work, but I like to think we’re all pulling in the same direction. Here are the businesses, organizations, and people using the space at 900 and 902 South Shelby Street. Come meet them on May 13! 

Ben Carter Law, PLLC: http://bencarterlaw.com/
Define American: http://defineamerican.com/
Jessica Ebelhar Photography: http://www.jessicaebelhar.com/
Vectortone: http://vectortone.com/
Bryan Burns for Metro Council: http://bbfordistrict4.com/
Hope By Hope: http://hopebyhope.us/
St. John Center for Homeless Men: http://www.stjohncenter.org/
Summerbridge Louisville

Use LibreOffice to Access .doc and .wpd Files on a Mac

As a Mac-using lawyer, I often have to solve the problem of how to work with legacy file formats. An awful lot of very good attorneys have done very good work using programs like Microsoft Word (.doc) and WordPerfect (.wpd). When these attorneys are kind enough to send me their pleadings and letters and research outlines in these formats, I use LibreOffice to open them on my Mac. 

From there, I can plagiarize the work of other, smarter attorneys into my new Pages document. (A few years ago, I switched from Word for the Mac to Pages due to stability issues.)

LibreOffice is a project of the The Document Foundation (which has created office productivity programs for spreadsheets and presentations, as well). If you download LibreOffice, I highly recommend you donate to support the Foundation (though I have tried twice in the past few weeks (so that I can practice what I preach here) only to have the process of donating fail...doh!).  

You Know You're Not Great. Keep Going.

I think this insight from Ira Glass on why people give up on storytelling is so relevant to the experience of many beginning attorneys and attorneys who are struggling to start their own practices. We see others doing it. We recognize excellence. We know who the "masters" are and know that we are not masterful. 

The impulse when faced with your own clumsiness and inexperience is toward self-deprecation and despair. In this two-minute pep talk, Ira Glass tells us to keep going. The only way to become a master is to keep working. One reason I love being a solo attorney is that I have no choice but to keep working, keep moving forward, even (especially) when my skills fall short of my taste. 

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Technology for a Law Office: 60 Tips in 120 Minutes

Thought Technologies

Equipment        

Technology Hygiene        

Law Practice Management        

Tools for Doing Law

Getting Better

Being Online        

Analog Technologies        

Law Office Equipment Guide

In many ways, equipping a small law office has never been easier or less expensive. However, if you do it wrong, you can definitely end up spending a ton of money and inviting a bunch of hassle and disappointment into a job with plenty of hassle and frustration in it already. 

In this post, I've tried to compile the best equipment for law offices. It is difficult to discuss law office equipment without some tangential considerations to the software a law office will use to get its work done, but—as far as possible—I've tried to separate the two and limit this post to actual products with protons and neutrons rather than the 0s and 1s of software. (I am aware that protons, neutrons, and electrons also create the 0s and 1s.)

Here are the assumptions I've made in making these recommendations:

  1. You don't want a lot of paper in your office. 
  2. You don't have a ton of dough. 
  3. You want to be relatively mobile. 
  4. You don't like hassles and friction. 

That is to say, these are recommendations for solo and small firms and those lawyers in government or big firms with enough authority to demand a certain amount of autonomy in how they get their work done. 

Annie O'Connell and I discuss many of the nuances of these equipment decisions in episodes of our award-winning (not really) podcast, Let's Start a Law Firm. We also discuss some of the software that we use with this equipment. 

If you like this post, please share it with other lawyers. If you really like it, know that I get a small kickback on purchases you make on Amazon by following the links in the post. One of these days, those kickbacks will be large enough for me to take Annie out to dinner. 

Computer

Use what works for you. For me, the portability and continued speed of my mid-2011 Macbook Air is all I need. As a nerd, I would love an excuse to upgrade to the most recent iteration of the Air, but my current computer is, alas, perfect. 

Computer Backup

You must back up your data. You must have at least one on-site backup and one off-site backup of your data at all times. For Mac users, a Time Capsule is an easy on-site backup solution. For everyone, BackBlaze is a great, affordable solution to back up your data in the cloud. 

One compelling option for file-sharing and off-site backup is File Transporter. Like your own, private Dropbox. 

Desk

Again, this is one of those areas that is too personal to make a definitive recommendation. I have the luxury of renting an office that came with a desk I use for client meetings and enough room in the corner for my standing desk from Geek Desk. (Obviously, a standing desk is not strictly necessary to equip a law office.)

Regardless of what kind of desk and chair (if applicable) you use, make sure you're set up to do your work in ergonomically correct positions. Be kind to yourself. 

Keyboard

Speaking of ergonomics, I just recently purchased my first ergonomic keyboard: the Microsoft Sculpt. It is great and, after minor tweaks to the key commands, works well with my Mac. 

Monitor

Another "not strictly necessary" expense is the totally-worth-it expense of an external monitor. I have used both the Apple 27" external monitor and a much-more-affordable Dell 27" monitor. I can definitely notice a difference between the two and can get more application windows on my Apple monitor, but whether it's worth 3x the price is a personal decision.  

Printer

Here, you need to decide whether you need to print color. Personally, I do not. I have been solo for 18 months now and have not yet needed to print in color once. And, I think there are fewer things more annoying than when I accidentally print something in color when I just needed a grayscale version of it.

This is why I had my logo designed by Two State Champs to be black-and-white to avoid needing to print color (and avoid the expense and hassle of having to have letterhead and envelopes printed by an outside print shop). I use the Brother HL-5470DW

As frustrating as accidentally printing something in color is, I find accidentally printing a brief onto twenty envelopes (or, conversely, printing an envelope onto 8.5" x 11" paper) even more frustrating. I know: it is easy to pick which tray you want to print something from. You are smart and I'm not. Despite my 7 years of higher education, I make this mistake all the time. This is why I do not print envelopes at all. There is literally never anything but letter-sized paper in my printer so that I can't mistakenly print a 20-page case onto 20 envelopes.

To print envelopes, I use the Dymo LabelWriter 450 Twin Turbo. I actually own two. At work, I use the two label spools to print envelope labels and, very occasionally, file folder labels. At home, he prints envelope labels and stamps. You haven't lived until you've owned a label printer.

Phone 

I use my iPhone as my office phone. To avoid giving my cell phone number to everyone (though I'm not sure it really matters), I use a Google Voice number as my primary business phone. I just have all calls to my Google Voice number ring directly to my cell phone. Google Voice gives you the flexibility to decide how to route calls to the number based on time of day, so if you do have an office phone or a receptionist or intake specialist, you can have the Google number ring one phone during business hours and a separate number after hours. 

I'm probably going to get brain cancer from the radiation at some point, but until then, I'll keep itemizing my business use of my iPhone and deducting that portion as a reasonable business expense. (That's not tax advice: it's just what I do.)

Postage Solutions

You're going to have to mail stuff. If your office doesn't provide a postage meter, you'll need one. Pitney Bowes does a good job with that, but I prefer (and use) the Dymo Stamps software at my home office. You'll need a scale to weigh your postage and then you can just print postage on your Dymo Twin Turbo.

Fax 

I don't use a fax machine. I use Hello Fax. A "Let's Start a Law Firm" listener recently pointed out that fax machines actually do have their benefits. They are more secure than an email with attachments because they are a point-to-point communication rather than a message that gets bounced around multiple servers. If you're going to get a fax machine, avoid an all-in-one printer-scanner-fax-coffee-maker-copier. Get the right tool for the right job. Not a compromised machine. 

Copier

Before I moved into my current office space, which I rent from another law firm that leases a big-ass copier, I didn't have a copier. In my opinion, you don't need one. Get a good scanner (see below), and if you need copies, print the scan. 

Scanner

Repeat after me: "I will only use Fujitsu Scansnap products." Do not buy any other scanner. Get the Fujitsu Scansnap iX500. Spend the dough. Thank me later. 

E-Legal Supply

There are some law-specific office supplies that are difficult-to-impossible to find locally or on Amazon. I buy, for example, all of my number and letter tab inserts for exhibits to briefs at E-Legal Supply. (For a list of the envelopes, paper, pens, notebooks, and other office-supply minutiae, you can check out the notes for Episode 3 of Let's Start a Law Firm.) 

Stapler

Confession: Sometimes I do work just so that I have an excuse to use my Prodigy PaperPro stapler. I recently purchased the big boy—the Prodigy PaperPro 1300 Stackmaster—for communal use at the office copier and I am now a demigod at my office. I am Prometheus, stealer of fire. (Aside: "Stackmaster" must be one of the greatest marketing terms of all time.

File Cabinets 

Since I purchased a Fujitsu Scansnap, I no longer need file cabinets. I don't use them, but if I did, I'd only buy Hon-brand file cabinets. 

Monoprice

Here's a #protip: if you need a cable for you TV, iPhone, DVD player, projector, monitor, internet, receiver, fill-in-the-blank, buy it from Monoprice.com. You are getting scammed basically everywhere else, especially at Best Buy. Sorry to be the bearer of that bad news. Don't feel too bad, though. I once purchased really crappy speakers for far too much money from some dudes in a white van. 

Amazon Prime

How are you going to get all this great stuff to your office? With the exception of Geek Desk, Monoprice, and E-Legal Supply: Amazon Prime.

Conclusion

That's pretty much it. The takeaway, I hope, is that it has never been easier or less expensive for a small practitioner to set up a mobile-capable, relatively paperless law office while still being able to produce a very professional finished product for clients and courts. 

Again, if this list has been useful, don't be shy about sharing it with others. Help them out. We nerds tend to think that everyone knows that Fujitsu Scansnaps are the only kind of scanners people should be using, but my IRL experience with non-nerds has proven to me that this is not the case.

Yet.

Get the tools and use them to hammer out justice for your clients and the world. 

Strides App is Helping this Kentucky Attorney Get Better

In an upcoming episode of Let's Start a Law Firm about law firm goals and "getting better", and “resolutions” for 2014, I talked about an iPhone app that I’ve been using to track some of my goals for 2014. (As an aside, you should really listen to the episode because Annie and I talk about how New Year’s Resolutions can be dangerous and cause more harm than the good they may or may not do.)

The app I’m using (after trying and buying about half a dozen) is called Strides (iTunes page)(developer site).

Before talking about the application itself, I think it’s important to explain the kinds of goals I’ve set for myself as a person and for my practice. I don’t resolve to “be more loving” or “be more contemplative”. I try to set goals that are measurable and will encourage me to get better over time. 

Here are my goals for 2014:

  • Exercise 200 times
  • Work from home 100 times
  • Write 52 blog posts for Ben Carter Law 
  • Sit quietly for 10 minutes 153 times
  • Collect $120,000
  • Work 12 weekends
  • File 10 bankruptcies
  • Visit a Kentucky State Park 8 times
  • Post 20 podcasts

Here is the crux of these goals: they are designed to encourage me to make lasting changes in the things I do each day. But, they are gentle enough and flexible enough that I don’t have to do any one of them every single day. Even though I don’t have kids or a real job and I could schedule a workout on Monday, Wednesday, and Friday of each week and a blog post each Monday morning and times for me to sit quietly on Tuesday, Thursday, and Sunday morning, that kind of structure has never been super-helpful to me. Inevitably, I miss one of those dates and I just start feeling bad. Feeling bad is not the point of trying to get better. The point is to get better.

I want my life to move in the direction of working out more often, writing more, filing more bankruptcies, and working from home more frequently. To do that, I'm encouraging myself into new patterns and new practices that will get me there. 

What I love about Strides app is that it allows me to set long-term goals and then track my progress towards that goal each day, week, or month. The best part about the app is that it tells me whether I’m ahead or behind of my long-term goal and allows me to adjust my behavior accordingly in the moment. If I’m behind, I haven’t failed. I just need to work to generate more bankruptcy work for myself, schedule a trip to a state park, or go work out.

Here’s what some of my goals look like right now. You can see from my “Home Work” goal that the 6 times I’ve worked from home so far puts me pretty far ahead of the 3.8 times that would put me on track to meet my goal. It also projects that on my current pace, I’ll work from home 156 times this year. GREAT!

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But, as you can see, I’ve only posted two blog posts to Ben Carter Law, which puts me on pace to post 48.7 in 2014—4 short of the 52 I want to post. (Knowing I’m off-pace is one of the reasons I’m writing this right now.)

If you want to get better at something, think about setting a long-term goal that you can work towards now and using Strides to give you good feedback on whether you are on track to meet your goal. That’s it. It is a really good app. 

The rest of this post is a little bit more “in the weeds” about how the app itself works and how it could be improved. So, if that’s not your thing, I understand. (But, it does contain a useful tip for users from the developer...)

After using Strides for a few days, I was having some issues with updating the totals each day. I got some really helpful feedback from the developer. Here’s the exchange.

Hey Kyle,

Thank you for Strides. I'm an attorney and was looking for an app to help me meet some of my personal and professional goals in 2014 and your app provides the flexibility to track goals like "work out 200 times" and "bill 120K" and "work from home 100 days" and "write 52 blog posts". I've looked for other apps, but I think yours is the closest to how I want to structure and track my goals. I really appreciate the feature that lets me know whether I'm ahead or behind of year-long goals. This allows me the opportunity to modify current behavior to reach long-term goals. Awesome.

I have two suggestions. Please allow me to "check off" (add +1) to a goal just by hitting the number total in the goal summary page. In other words, instead of navigating to the tracking page, make the total number inside the circle a button that adds one to the numerical value in the circle. I think that would be a good function in and of itself, but I also want this feature because I'm having a really hard time getting the "add to total" toggle button working correctly. Each night for the past five nights, I've gone in to update my totals and the button seems to perform differently (erratically). One night, the toggle will be to "on" and I'll add "1" and it will reset my total to "1" for the year. Another night, I'll toggle it to "off" and change the number from 4 to 5 and it will add 4 and 5 to give me 9. It's sort of maddening and the one downer to the app right now. It's especially frustrating because it's so close to being exactly what I'm looking for!

Anyway, I've never written a developer with a feature request before, but know enough to know that you probably get a lot of requests and just hope you'll put this one on the list in its appropriate priority.

Many thanks, bc

And then the developer wrote me back:

Hi Ben,

Thanks for the feedback! I'm so glad to hear you're enjoying Strides.

We're working on a bunch of fixes to the Add to Total function for the next update. Sorry about that! It worked perfectly for all the beta testers, but we've found lots of little bugs that slipped through the cracks, so we'll get those fixed soon.

In the meantime, I would recommend turning Add to Total OFF and entering the new total, rather than the addition (e.g. 9 instead of 5) since the math is easy for this particular tracker.

I'll also think through the +1 idea from the circle chart. I totally get the value there, so I think we'll be able to do that in an update. Either way, we'll get Add to Total working correctly for you. :)

Thanks again for reaching out, and have a great day!

Kyle Richey

website: puresignal.co 

twitter: @puresignalapps

So, that’s awesome. And, the tip that he gave about turning "Add to Total OFF" for the time being and entering a new total is working for me. 

After using it for a couple more weeks, I have a couple more suggestion for future revisions. First, I would like the option to “snooze” recently updated goals. The app allows users to decide how frequently they want to review progress toward their goals. On many of these, I have a daily review scheduled at 6 p.m. because they’re things that I may have done that day: work from home, work out, write a blog post. Others, I only review once every few weeks (bankruptcies) or once a month (visits to state parks).

I would like a feature that allows me to not have to get a notification to review “work out” or “sit for 10 minutes” at 6 p.m. if I’ve updated that goal’s total within the last 24 hours. If I’ve updated the total, it’s because I worked out or sat earlier that day. The notification is just a hassle at that point. The point of the notification is to remind future you that “these are things that you might want to consider doing” and if I’ve already done that thing recently, I don’t want to review it.

Related to reviewing goals, in the "menu" page (shown above), a right swipe gives the user the option to delete the goal. A left swipe in this view should take the user directly to the page on which they can update the goal's total, whether that's hours worked that day, calories consumed, or times the user sat quietly for ten minutes. 

These would be small usability improvements I’d like to see in an app that is really, really helping me a lot.

Why I will not be renewing my Westlaw subscription in 2016...

Westlaw is, in my opinion, the best legal research software available. That's why I chose to buy a subscription from them. That's why I agreed to pay them $350 a month for the service. 

A few months ago, I moved offices to a place that offers Lexis to its tenants. That service is included in the price of my rent.  

I no longer needed Westlaw and would be content to use Lexis, which is a slightly less great product and save $350 a month. I asked Westlaw how much it would cost me to buy out the rest of my contract and they quoted me a figure that was more than $9,000. In other words, I could stop using Westlaw if I just paid for the rest of my three year contract up front. Instead of charging customers a reasonable early termination fee, they think that "every agreement made with West should be honored by both parties".

You know what I think? I think things change. And, I think companies ought to account for the fact that things change.  

I understand that the contract says what it says. I'm not disputing my obligation to pay under the contract. But, I also understand that I will only do business in the future with companies that understand that circumstances change and customers should be allowed to end contracts early for a reasonable early termination fee. So, I won't be renewing with Westlaw even though they offer the best legal research software because the terms under which they offer that software are unreasonable. And, because the tone of this letter is intolerably self-righteous.

So, attorneys who listen to my podcast or who read this blog, remember: just because a service may be the best, when it's combined with onerous or unreasonable terms and conditions, it can quickly become a poor option. It is an expensive lesson for me to learn. West could allow me to pay a reasonable early termination fee, but instead has insisted on continuing to provide me with a service I don't need. This short-sighted and greedy position will make them $9,000 over the next three years but won't make them a dime more.

Fortunately for me, in 2016 I expect the market for legal research options to be extremely competitive with Lexis, Fastcase, and CaseMaker all improving quickly. In my opinion, West should be concentrating not only on continuing to create a great service, but improve their product by pairing that product with humane terms and conditions that would foster customer loyalty. With the market of legal research options only getting more competitive, customer loyalty is going to matter a lot more than West currently appreciates.

Perhaps West's willingness to forgo customer satisfaction in favor of short-term profits reveals just how competitive the market has become for a company that used to enjoy a monopoly on the legal research world...

Kentucky Attorneys: Time to Get a Website

My client comes into my office after having been served by the Sheriff with a Complaint. Or, I file a Complaint for a client and then get an Answer back from the Defendant's attorney. The first thing I do in either situation is try to learn a little bit about the attorney representing the other side. I go to Google. I type in the attorney's name and the city and state in which they practice.  

Many times (and all-too-often), I get a page of results from sites like yellowpages.com, manta.com, topix.com, merchantcircle.com, and switchboard.com. That is to say, I get a bunch of garbage. 

I am consistently shocked at how little Kentucky attorneys seem to care about how they look online. I understand some established attorneys don't need  a website to get clients. But, even if you're not looking to find clients online, people (other attorneys) are still searching for you online. And, we're judging you. We're sizing you up.

I use the care you put into your website as a rough analog for how much care you're going to put into your client's case. If you don't care enough to have at least a homepage to present to the world, how hard are you going to research that response to my Motion for Summary Judgment? How hard are you going to think about the discovery requests you send? 

Is it a perfect test to use for sizing up my opposition? Nope. There are certainly some attorneys who have whipped me pretty hard who have abysmal or nonexistent websites. But, it works more often than not.  

Look, if your litigation strategy is inspired by Muhammad Ali's Rope-a-Dope, well congratulations: it's working. When you don't have a website, I'm totally underestimating your devotion to your craft and the care you bring to it. 

I'm guessing that judging attorneys by their websites didn't used to be as useful or accurate as it is today. But, that's because it used to be hard to have a website. Now, it couldn't be easier (or less expensive). The fact that it's 2013 and you still don't have a website is inexcusable. My site is hosted on Squarespace.com. I pay Squarespace $8 a month for this site.

EIGHT DOLLARS. 

If you want help getting set up on Squarespace, let me know. I have helped other attorneys and can help you individually. Or, if enough people express interest, would consider doing like a half-day workshop to help lawyers launch their websites in a single morning. Individual help costs $1,500. The workshop would, I expect, cost around $400 and would happen on a Saturday morning.

Ben Carter Law has moved...

I've moved Ben Carter Law to a little corner (not literally) of Bahe Cook Cantley & Nefzger. Practicing law is hard and stressful and it helps to have friends to work alongside. 

My new office is one block north of where my old office was. New address: Ben Carter Law PLLC, Marion E. Taylor Building, 6th Floor, 312 South Fourth Street, Louisville, KY 40202. 

Come say hey. 

 
Lawyers, there are no SEO shortcuts

After I announced my willingness to help lawyers build better, more beautiful, easier-to-maintain websites, a few attorneys have asked me what they can do to increase their prominence on Google's search results. Many of them have the sense that SEO ("search engine optimization") is some magic dust that techies can sprinkle onto their website that will lift the site up into the first page of search results. (Of course, many have this sense because SEO "experts" market themselves as the 21st-century's dark magicians.)

Sorry, it doesn't work like that. 

Certainly, there are some best practices you can use when creating pages and titling blog posts that will help search engines determine whether what you're saying will be responsive to a particular query from a user. But, beyond a few very basic premises (which we'll be discussing at this summer's Commonwealth Justice Conference—sign up for email updates), the reality of increasing your prominence online is that you have to actually provide value to people. Gyi Tsakalakis explains this in a useful blog post. I particularly enjoyed his list of activities that real law firms engage in. 

So what kind of “stuff” do real law firms do? Here are some ideas:

Real law firms stand for something.
Real law firms are active in their communities.
Real law firms educate the public.
Real law firms inspire social change.
Real law firms help real people.
Real law firms partner with organizations that further justice.
Real law firms raise awareness of important social issues.
Real law firms maintain the dignity of the profession.
Real law firms participate in public service.
— Gyi Tsakalakis

The idea, folks, is that you start getting better results online only after you start achieving better results offline. Do something in the world worth telling people about and then tell them on your site. Or, do something online that brings people together in a new and unique way. Over time, documenting the real work that your law firm does and providing real value to your online community will naturally translate into better search results. But, this is important: you do the things not to get better search results but because the things are important to do. They're important to you, your clients, your community. Maybe the traffic from search results comes, maybe it doesn't. But, either way, you've done something worthwhile with your limited time and energy.  

I can work anywhere! Wait, that means I can work everywhere...
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I am back in Ashland at my parent's place for Thanksgiving. I have been up since 5:30 cranking K-Cups in a quiet house and working on a contract for one of my clients, a great video production shop in Louisville.

One of the great aspects of lawyering in 2012 is that we can do it from most anywhere. My documents are securely stored in the cloud, my practice management software is available online, and I can do all of my research on the internet. This offers great freedom. 

Of course, it also means that I have done work while on a beach in Palau, from a coffee shop in New York, and a condo in South Carolina. I have responded to client emails from gas stations, during meals, and while sitting at red lights. (Do not text and drive, people. That's caveman-style levels of unsophistication.)

So, for my lawyer friends: how do you prevent the ability to work from anywhere from becoming the need to work from everywhere? What boundaries, if any, do you set up to separate yourself from work?