ABA Journal: Asked and Answered: Recent Episodes
Legal Talk Network
ABA Journal: Asked and Answered features top of the industry guests discussing various legal topics.
After almost 40 years on the bench, Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has sued her chief, two judge colleagues and the Federal Circuit Judicial Council, following a court committee interview and a medical records request, which she denied, and a suggestion that she should be suspended from work for one year.
As stories of some CEOs' outrageous behaviors continue, the amount of activist shareholder activities keeps growing, say Kenneth Mantel and Megan Reda, partners at Olshan Frome Wolosky in New York. They represent investment funds, family offices and people trying to bring change at public companies—and maybe get a seat on the board.
Winning a 2003 landmark U.S. Supreme Court case expanded a gay lawyer's Supreme Court practice, he says, and looking back, it's his favorite case. Because Paul M. Smith was the editor-in-chief of the Yale Law Journal, clerked for then-U.S. Supreme Court Justice Lewis F. Powell Jr. and handled various Supreme Court cases—including for paying clients—many thought that it made sense for the Washington, D.C., lawyer to argue Lawrence v. Texas, which led to a 2003 landmark opinion that struck down state laws criminalizing sexual conduct between consenting adults of the same gender.
While 2022 was a phenomenal year for attorneys and “anyone with a pulse” and a law license could find work, 2023 might “go back to normal,” says Valerie A. Fontaine, a founding director of the legal search company SeltzerFontaine.
As we head into the holiday season, consider what you want your celebrations to look like, rather than meeting everyone else’s expectations, says Laurie Besden, a lawyer who has been sober for almost two decades.
The overall employment outcomes for 2007 and 2021 law school graduates were both 91.9%. And while that sounds like a good thing, it could be a warning.
Ellen Freeman immigrated from Odesa, Ukraine, to Pittsburgh almost 30 years ago. And although her family always planned to leave—she grew up learning various languages so that she could communicate wherever they settled—moving to the United States as a young single mother was one of the most difficult things that she has ever done.
Aliza Shatzman didn’t realize that federal judicial employees are not protected by Title VII of the Civil Rights Act. That is until the judge she worked for in 2020 ended her clerkship early—for reasons that she thinks were due to gender discrimination.
If you are studying for the July bar exam, you’re not going to memorize every flashcard for the Multistate Bar Examination, and that’s OK. You can still pass.
A good home-school program provided a nurturing environment that was lacking in elementary education, and the experience helped build confidence for law school, says Haley Taylor Schlitz, a 2022 graduate of Southern Methodist University’s Dedman School of Law.
A recent order from Republican Texas Gov. Greg Abbott directing the state to consider medical treatments for transgender youths as child abuse is hurtful to children and their families, as is a new Alabama law that makes providing gender-affirming care to a minor a felony, says lawyer Asaf Orr. Special thanks to our sponsor, LawPay.
For young litigators who want to be considered “a lawyer’s lawyer,” careers spent mostly working from home may not get you to where you want to be, according to Robert Giuffra and Evan Chesler, two Wall Street partners who have been trying cases for more than 30 years. Special thanks to our sponsor, LawPay.
Although the Americans with Disabilities Act is decades-old, many businesses, including law firms, continue to treat it as a suggestion, rather than federal law, according to Eve Hill and Jason Turkish, two lawyers who represent plaintiffs in disability cases. Special thanks to our sponsor, LawPay.
Business hasn’t slowed down during the COVID-19 pandemic, which tore many couples apart, according to family law attorneys Stacy D. Phillips, who practices in Los Angeles, and Bonnie E. Rabin, who practices in New York. However, the COVID-19 crisis has made it easier to work together. Special thanks to our sponsor, LawPay.
Physical aspects aren’t the only changes in federal litigation, according to two veteran Chicago litigators. They think jurors, particularly those younger than age 40, are much more forgiving when a witness is caught lying, few care whether a party admits to drug use, and many expect significant documentation from law enforcement trying to defend misconduct charges. Special thanks to our sponsor, LawPay.
The heavy, hardback editions of Martindale-Hubbell law directories, which were published annually and had different volumes for each jurisdiction, represented an important tool for executive search consultants back in the 1980s, before internet access was common, and lawyers’ backgrounds could only be found through paper or word of mouth. Special thanks to our sponsor, LawPay.
In the late 1980s, law school groups for gay and lesbian students met off campus in case members didn’t want the school community to know their sexual orientation. And there were so few female faculty at law schools, if two or more were seen together talking, male faculty would ask what they were up to. So if they were actually up to something, such as persuading their dean to adopt a faculty parental leave policy that was longer than a few weeks, they would meet off campus, too. Special thanks to our sponsor, LawPay.
A few decades ago, there were no page limits for U.S. Supreme Court briefs, and that brought considerable headaches for the clerks who had to read them. Also, the justices rarely, if ever, asked more than 15 questions total during oral arguments. But that changed in 1986, after Antonin Scalia joined the high court. Special thanks to our sponsor, LawPay.
Many Harvard Law School students knew of classmate Rehan Staton through a July 2020 video that went viral, which featured him opening a Harvard Law School acceptance email. There’s a lot more to him than the video, and Staton wanted to connect with classmates more significantly while they attended remote classes over the past year. Special thanks to our sponsor, LawPay.
Lawyer Patrick Krill learned to be more flexible during the pandemic, with inspiration from "Be Water," an ESPN documentary about martial artist and actor Bruce Lee.
Special thanks to our sponsor, LawPay.
As the dean of Pennsylvania State University's law school during the COVID-19 pandemic, and at a time of significant social unrest, Hari Osofsky tried to say yes whenever possible. Leadership involves taking in a variety of viewpoints, she explains, and recognizing what students, professors and administration want is a good way to guarantee people that they are being heard. Special thanks to our sponsor, LawPay.
Lawyer and author David Lat thinks remote working for lawyers is here for the foreseeable future, and that’s just one of the many significant changes that he sees the pandemic bringing to the legal profession.
Special thanks to our sponsor, LawPay.
Emily D. Baker wanted a diversion from 2020, so she started doing her own legal commentary about pop culture, with topics including a pair of "Satan Shoes" associated with rapper Lil Nas X and the conservatorship of Britney Spears. Today, Baker is considered to be an influencer. According to her, she earns more than she did as a Los Angeles County deputy district attorney.
Special thanks to our sponsor, LawPay.
Howard Bashman of How Appealing discusses blogging during COVID-19 and how appellate work in Pennsylvania has changed in the pandemic.
Lawyer Beth Bourdon is willing to go places where other attorneys may be hesitant, including this summer when she joined Parler.
A Colorado law professor recently discussed how he incorporates mindfulness in his life and finding “pandemic positives” with ABA Journal Senior Writer Stephanie Francis Ward.
SCOTUS lawyer Jeffrey L. Fisher breaks down how he had to adapt during the coronavirus crisis for three recent Supreme Court cases that he argued.
Law professor April Dawson talks to Senior Writer Stephanie Francis Ward about finding creative ways to use technology in the classroom, even before the pandemic.
Karen Kaplowitz talks with the ABA Journal's Stephanie Francis Ward about how many people are discovering the benefits of long-term telecommuting and why they may continue to support the work schedules after the pandemic ends.
Kenneth White, a former assistant U.S. attorney known as "Popehat" on Twitter, spoke with ABA Journal Senior Writer Stephanie Francis Ward about what he's been up to during the COVID-19 crisis.
While Veena Dubal has adopted to working at home with three young children during the COVID-19 pandemic, the “reply guys” came after the California law professor on Twitter for her support of a 2020 state law that extends employee classification status to gig workers. Dubal tells ABA Journal Senior Writer Stephanie Francis Ward that she thinks that people’s anxieties are running high amid the pandemic, and some public relations groups harness that energy to support client platforms, particularly on social media. Special thanks to our sponsor, LawPay.
This past spring, when few people realized that most July bar exams would ultimately be canceled, Molly Coleman decided to forgo the test, for the time being, despite her lawyer father’s objections. Coleman chats with ABA Journal Senior Writer Stephanie Francis Ward about moving back to St. Paul, Minnesota—her hometown—less than a week before the area erupted in protests following the Minneapolis police killing of George Floyd in late May. She was joined by her fiance—a University of Michigan Law School student—and the couple postponed their September wedding to 2021, given health concerns with large gatherings. Special thanks to our sponsor, LawPay.
When COVID-19 closed ABA offices in March, staff sprang into work figuring out how the association could convert its meetings and events to virtual environments. In this bonus episode of Asked and Answered, we're giving you a sneak peek at how the 2020 ABA Annual Meeting came together, some of the exciting guests and speakers who have been lined up, and what exactly it will be like to attend an all-virtual meeting. ABA President Judy Perry Martinez and Marty Balogh of the Meetings and Travel Group spoke with the ABA Journal's Lee Rawles to share behind-the-scenes information about the annual meeting, which is free to all ABA members. Register before July 27, then attend sessions and events at your leisure from July 29-Aug. 4.
Lawyer and author Brian Cuban chats with ABA Journal Senior Writer Stephanie Francis Ward about how he’s been focusing on what he can control during the COVID-19 pandemic, rather than what he can’t, and what he misses the most. For Cuban, that includes hugs from family and friends, and he’s not sure that they’ll ever be given as freely as they once were. Special thanks to our sponsor, LawPay.
Do you really need a human for the so-called human touch in lawyering, particularly when a big part of the job is convincing the client to be reasonable? Maybe not, according to some people who created apps that they claim help people accomplish tasks traditionally carried about by lawyers. The ABA Journal’s Stephanie Francis Ward talks with legal technologists about how their apps are working to do things such as detect and block sarcasm in texts between parents at odds with each other and quickly find middle ground between people battling over small amounts of money. Special thanks to our sponsor, LawPay.
In this new episode of the ABA Journal’s Asked and Answered podcast, Senior Writer Stephanie Francis Ward talks about the similarities between the pageant circuit, law school and the practice of law with pageant winners—some of whom have no school debt thanks to contest scholarships—and a litigator who also works as a pageant coach. Special thanks to our sponsor, LawPay.
As people across the country are coping with countless changes in light of the novel coronavirus pandemic, the ABA Journal’s Asked and Answered podcast is taking a break from its regularly scheduled programing to share information with lawyers about how they can adjust to the world’s current situation—such as having to work from home, whether they want to or not. Special thanks to our sponsor, LawPay.
These days, people from all walks of life get tattoos. But in Columbus, Georgia, it was illegal to give them on Sundays, until recently. No one knows for sure what led to the law, but some suspect that it was what’s known as a “blue law,” a term for state and municipal regulations that prohibits commerce on Sundays, when lawmakers thought people should be in church. In this new episode of Asked and Answered, Stephanie Francis Ward explores people’s changing views of laws inspired by Christian outlooks and whether it’s worth changing those laws, even if they are rarely if ever enforced. Special thanks to our sponsor, LawPay.
Imagine you are meeting a client for the first time, and they show up with a TV camera crew that wants to film your meeting. This month, the Asked and Answered podcast series is exploring the unique curiosities of the law, starting with what it’s like when your client shows up with a camera crew and wants to tell their story on film. In this new episode, Stephanie Francis Ward, host of Asked and Answered, speaks with three lawyers involved in the world of reality television. Music featured in this episode: “On the Line” by Bright Seed “Seriously” by Adrian Walther “Sun And The Moon” by Moments “California Cruisin” by Mikey Geiger “Keys And Thank You” by Fairlight Special thanks to our sponsor, LawPay.
When you think about all the women and people of color who leave large law firms before making partner, that adds up quickly, says Ripa Rashid, managing director of Culture at Work in New York City. But there are ways to keep diverse lawyers at their firms, she says. In this new episode of the ABA Journal’s Asked and Answered podcast, Ripa talks with Senior Writer Stephanie Francis Ward about how can firms keep female and minority lawyers from leaving their firms and the high cost for said firms when they depart. Special thanks to our sponsor, LawPay.
Heidi Brown talks about how to navigate the office holiday party and still appear to be having fun and how to come out of your shell when you'd rather be alone.
Much has been said about getting rewarding mentoring and work opportunities from more-seasoned lawyers. But newer lawyers can also bring knowledge to the table. In this new episode of the ABA Journal’s Asked and Answered podcast, Senior Writer Stephanie Francis Ward talks to Karen Kaplowitz, founder and president of the New Ellis Group, a business-development consulting firm in New Hope, Pennsylvania, about ways the experience pairing works well—for things like discovering unique business development opportunities—having more diverse legal teams, and finding better ways to use social media in marketing. Special thanks to our sponsor, LawPay.
Gary M. DuBoff says he’s very big on paying quarterly tax estimates on time. For many years, he kept a spreadsheet of everything that he spent money on, including coffee. After a year, he says, you may discover that you spend $1,200 on coffee. When it comes to retirement savings, DuBoff, a certified public accountant and a principal at Morrison, Brown, Argiz & Farra in its New York City office, says if you have an employer, be sure to know about all the benefits offered and take advantage of them. In this episode of Asked and Answered, Stephanie Francis Ward talks to DuBoff about how to live within your means, how to figure out your set costs, and how to budget with what’s left over. Special thanks to our sponsor, LawPay.
If you want to give a good speech that will resonate with people, you should not use notes or an outline, says Gerard Gregoire, vice president of litigation services for the West region at Allstate. Instead, he says, know what you want to say forward and backward—much like you would a case file before trial—and practice on your own, so that you know the information so well you don’t have to rely on notes as a reminder. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Gregoire offers public speaking tips for lawyers and why it’s important to be authentic and connect with an audience. Special thanks to our sponsor, LawPay.
When Michael R. Anspach attended Marquette University Law School, yoga, meditation and being active in a 12-step community helped him succeed. But once the 2018 graduate started practicing at Anspach Law, those techniques didn’t work. This was because the demands of litigation made it impossible to quiet his mind, even on evenings and weekends, he says. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Anspach talks about his road to success after law school, his self-care tips and how he learned to quiet his mind. Special thanks to our sponsor, LawPay.
Rather than relying on one prep course for the Law School Admission Test, Haley Taylor Schlitz, a 16-year-old recent college graduate, took three within a five-month period. She was accepted at nine law schools and says having study organization plans, coupled with finding her true self as a homeschooler, helped lead to her success. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, she details some of those organization plans, as well as how she’ll be spending the summer before starting law school at Southern Methodist University this fall. Not surprisingly, plans include various programs on preparing for life as a 1L. Special thanks to our sponsor, LawPay.
Some people diagnosed with Attention-Deficit/Hyperactivity Disorder need prescription stimulants to function at the best of their abilities. But there are others who don’t have the diagnosis, but take the medicine illegally because they think it will help them perform better. It's a problem that law schools and the legal profession need to become more aware of, says Patrick Krill, an attorney and licensed and board-certified alcohol and drug counselor. Krill speaks with the ABA Journal's Stephanie Francis Ward about the extent of the issue and the dangers of illegal prescription stimulants. Special thanks to our sponsor, LawPay.
Do nearly 25% of Americans really think Ruth Bader Ginsburg is chief justice? ABA President Bob Carlson addresses gaps in public knowledge of history and government uncovered by the first Survey of Civic Literacy in this special episode of the ABA Journal’s Asked and Answered hosted by Journal reporter Amanda Robert. Carlson highlights the survey’s most surprising findings, and discusses the ABA’s plans for the data and ideas for how Americans can improve their civic knowledge in the future. Special thanks to our sponsor, LawPay.
Practice areas like cannabis law, M&A and real estate law are currently hot, but the good times never last forever, says legal recruiting consultant Valerie Fontaine of SeltzerFontaine. In this episode of Asked and Answered, she speaks with the ABA Journal's Stephanie Francis Ward about potential slowdowns and how lawyers can be thinking ahead to recession-proof their practices. Special thanks to our sponsor, LawPay.
Drawing attention to a client's plight can be a great outcome for an attorney wanting justice in a case. But what do you do when your client is trending on Twitter for all the wrong reasons? In this episode of Asked & Answered, the ABA Journal's Stephanie Francis Ward speaks with attorney Pete Wentz, an expert in crisis management and communication strategy. Wentz shares what tactics he's found helpful, when you should know that it's time to address online controversies–and what commonly given legal advice turns out to be the least helpful in putting out fires. Special thanks to our sponsor, LawPay.
When attorney Roula Allouch got involved with Bullyproof, an anti-bullying initiative with the ABA Young Lawyers Division, she quickly saw that many members' complaints were about judges. Complaining about judges is hard, Allouch tells the ABA Journal's Stephanie Francis Ward, and for the most part it's a bad idea to raise it in court while the behavior is occurring. But how should you respond? Listen to this episode for advice and information about tactics you can use to protect yourself without hurting your client's case. Special thanks to our sponsor, LawPay.
Samorn Selim had a difficult childhood. Her family fled Laos when she was young, and settled in a rough section of Stockton, California. There was violence in her neighborhood, and sometimes the family did not have enough food. So after graduating from Berkeley Law and getting a job at a big law firm in San Francisco, she thought she should be happy, she tells the ABA Journal’s Stephanie Francis Ward. But she wasn’t. Despite the large salary, private office and trial assignments, she hated her job. Finally she left the practice to do career services work at Berkeley Law. The change took $100,000 from her annual salary, and added 30 minutes to her work commute. But it taught her that getting the jobs we think we want may not actually be what’s best for us, and being honest about what sort of work fulfills you can help in choosing the right spot. In this episode of Asked and Answered, Selim shares what she learned about finding the right career fit. Special thanks to our sponsor, LawPay.
Do you have a New Year's resolution to finally get your home and office in order? In this episode, professional organizer Janet Taylor speaks with the ABA Journal's Stephanie Francis Ward to share tips and tricks for finally conquering mounds of paperwork and constantly losing house keys.
In the wake of the #MeToo movement, many have said that they no longer know how to behave in a work environment–but employment law expert Gerald Pauling doesn’t buy that. The Seyfarth Shaw partner tells the ABA Journal’s Stephanie Francis Ward that in his experience providing training to supervisors, managers and rank-and-file workers, “I almost never encounter situations where trainees or participants in training are unable to identify the lines between appropriate and inappropriate behavior. Literally almost never.” So what should law firms and lawyers be keeping in mind in an era of greater accountability? In this episode, Pauling discusses the importance of context and non-verbal cues, and how firms can protect themselves from liability and their employees from experiencing harassment.
If a client can’t or won’t pay your retainer, he or she is not worth a discount, Janice Brown tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked and Answered. But there are ways to explain your true value to a potential client who balks at the cost. Brown, who is the founding partner of the litigation firm Brown Law Group, advises confidence when speaking with a potential client, and gives listeners tips drawn from her own experience explaining legal fees and retainers.
Want to protect democracy and ensure voters’ rights? If you are looking to ways to volunteer during the midterm elections, there are opportunities available, especially for attorneys. Stephanie Francis Ward speaks with Marsha Johnson-Blanco, co-director of the Voting Rights Project for the Lawyers’ Committee for Civil Rights Under Law, about how attorneys can help on Nov. 6. Lawyers are needed to answer hotline calls in a variety of cities, answering questions at polling places and filing emergency moti
As an associate dean of the University of Houston Law Center, Sondra Tennessee has witnessed her share of helicopter parents. She’s seen parents ask law schools to switch their child’s professor, because they didn’t think he or she was a good fit. She’s seen them try to get an extended finals date, without their child knowing that they contacted the school. She’s also heard of parents contacting potential employers for law students to get more detail about offered benefits packages. As the academic year begins, Tennessee shares her advice with the ABA Journal’s Asked and Answered on how students, parents and school administrators can halt the hover and foster students’ independence and success.
One of many lawyers’ worst fears is that a client, opposing party or even a random stranger may try to physically hurt them, often for nothing more than the attorney doing his or her job. In this episode of the ABA Journal's Asked and Answered, Stephanie Francis Ward speaks with Ty Smith, a retired Navy SEAL who founded Vigilance Risk Solutions Inc., a security consulting business that focuses on workplace violence prevention.
When approaching a difficult conversation at work, reframe it in your mind as a discussion that can help improve your relationship with someone, says Michele Coleman Mayes in this episode of the Asked and Answered: Lived and Learned series. “You have to work harder to listen to someone you’d rather not hear talk,” says Mayes, vice president and general counsel with the New York Public Library. You may need to have multiple difficult conversations for a situation to improve, she says, but as you repeatedly speak with the person, you can learn what sort of communication works best for him or her.
U.S. Army veteran and criminal defense lawyer Mia Yamamoto decided to publicly transition genders when she turned 60. Being her authentic self was so important that she told herself, "I don't care if someone shoots me the day after I transition. I'm going to transition. I'm going to die as a woman." In this episode of the Asked and Answered: Lived and Learned series, Yamamoto discusses the importance of fighting for those who come after you, and of advocating for yourself. She describes her fears about how her transition would impact her career and her clients, and the "astonishing" response she's received.
If you’re working on a client matter and get even the slightest sense that something you’re doing may cause problems down the road, ask another lawyer about it, says Lucian Pera, a Memphis partner at Adams & Reese who frequently advises attorneys on professional responsibility rules. In this episode of the Asked and Answered: Lived and Learned series, Pera says that he's learned that everyone, including lawyers, can use an outside perspective when they have an uneasy feeling about a work situation.
There are some issues that people with opposing views may never agree on, particularly when one group has significantly more power than the other. But sometimes when an issue is brought to authority figures’ attention, they can be convinced to do the right thing, says Cruz Reynoso, a former California state supreme court justice. In this episode of the Asked and Answered: Lived and Learned series, Reynoso discusses how his father's philosophy as a farmworker inspired him as a labor rights advocate and attorney to always fulfill his own obligations, and to ask those in power to fulfill theirs as well.
When her career was getting started in the 1970s, a partner interviewing Roberta “Bobbi” Liebenberg for an associate position asked if she would cry when things went south in court. "Why, do you want me to?" quipped Liebenberg. In this episode of the Asked and Answered: Lived and Learned series, Liebenberg says that in her career as one of the few women appointed as lead counsel for plaintiffs in multidistrict litigation, she's learned that laughter has a place in the workplace. Humor plays a significant role in diffusing the tension that come with practicing law, says Liebenberg, now a senior partner at Fine Kaplan and Black in Philadelphia. But it’s something many law firms overlook, even though it can lead to a more collegial work environment and help with attorney retention.
A veteran who graduated from law school following a 14-year career with the U.S. Air Force, Andrés Gallegos was married with a young family when an auto accident resulted in him having quadriplegia. In this episode of the Asked and Answered: Lived and Learned series, Gallegos says he learned never to let anyone else's perception of his capabilities limit him in achieving his dreams. Gallegos, now a shareholder with Chicago's Robbins, Salomon & Patt, is a healthcare attorney and a disability rights advocate.
You may be confident of your ability to act with courtesy and professionalism in your home country. But with the array of cultural differences, social mores and business traditions you may encounter while traveling, how can you be sure you’re not offending clients and alienating foreign judges and arbiters? In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Terri Morrison, etiquette expert and author of “Kiss, Bow, or Shake Hands: Courtrooms and Corporate Counsels,” which is scheduled to be released this summer.
This August, lawyers from around the country will come to Chicago for the ABA Annual Meeting. Wondering whether to make the trip yourself? We’re joined by ABA President Hilarie Bass and Marty Balogh of the Meetings and Travel Department to discuss the new offerings, event highlights, and local attractions attendees should be sure to check out in the ABA’s hometown from Aug. 2-7.
Lawyers' mental health has been a topic of increasing discussion and awareness, combined with efforts to help lawyers deal with anxiety, depression and addiction issues. But an aspect of mental health that is sometimes overlooked is body image, and the consequences of body dysmorphia and eating disorders. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with lawyer Brian Cuban about his decades long struggle with body dysmorphic disorder, and how he learned to address it. Cuban is the author of "Shattered Image: My Triumph Over Body Dysmorphic Disorder," a memoir about his recovery.
Newly minted law grads will soon be entering the job market, but where are they most likely to find employment? Stephanie Francis Ward speaks with Valerie Fontaine, founding partner of the legal search firm Seltzer Fontaine Beckwith, about which in-demand areas of law have open job positions–and how law grads can secure them.
Wellness is not just about eating health food and exercising, Jolene Park tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked Answered. It’s also getting enough time to relax, getting enough sleep and not being stressed out about your job or finances–and employers can play a big role in all of those things. Park is the founder of Healthy Discoveries, a corporate wellness company. She says that something to consider when creating employee wellness programs is that people respond more positively when their actions make them feel better, as opposed to when they’re scared into eating better or working out more. A big part of wellness is being kind to yourself, and managers can go a long way in helping the people they supervise recognize that people need to recharge; everything is not always going to be perfect; and making a mistake is not the end of the world.
You love technology, you love the law, and you want a career that combines the two. But what kinds of legal tech jobs will be the most in-demand, and how can you get them? E-discovery and privacy law should be two areas that legal tech jobseekers look into, Shannon Capone Kirk tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. Kirk, who is e-discovery counsel at Ropes & Gray, first got her start as an associate after being assigned a case with a warehouse full of digital tapes to be analyzed, she tells Ward. Within a few years, she'd started her own e-discovery practice.
Do you dread going to work? If so, maybe it's time to look at the other ways you can flex your legal skills, says Nancy Levit, co-author of The Happy Lawyer: Making a Good Life in the Law. There are many types of jobs for lawyers, and sometimes what you thought you wanted to do doesn’t work out, Levit tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. She shares tips on how to find the work you want to do, and how to find joy in the work you're already doing.law lawyer legal podcast attorney practice
Confronting someone about a substance abuse problem--or owning that you have one--is not easy, but lawyers assistance programs can help. Usually referred to as LAPs and offered by attorney regulation agencies, the programs guarantee confidentiality when attorneys reach out to them. And if an attorney has committed an actionable offense, entering recovery before it comes to light and being able to show commitment to getting better can be a mitigating factor if he or she faces disciplinary charges. In this episode of Asked & Answered, the ABA Journal’s Stephanie Francis Ward speaks to Bree Buchanan about how LAPs work, and how a person can reach out for assistance.
True etiquette is behaving in a way that makes people feel comfortable, it's not about stuffy rules. But as social norms change, some people have a hard time separating personal from professional behavior. Before your firm's holiday party, it may be time to check in on what is—and is not—appropriate. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Dr. Sharon Meit Abrahams, director of professional development for Foley Lardner LLP, about common social faux pas lawyers make, and how best to avoid them.
Switching law firms doesn’t only cause partner anxiety, it’s hard on clients too. Lawyers need to really evaluate whether a move will best serve the people and businesses they represent. In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Karen Kaplowitz, a former BigLaw rainmaker who now leads a business-development consulting firm. Much of her work centers on working with partners after a firm merger, and in this podcast, she shares tips about how they can best serve clients after a move or figure out ways to make a place for themselves at a new firm if their book of business is small. Special thanks to our sponsors Amicus Attorney.
Six-figure student loans can be a terrifying burden, and one of the top challenges for many law grads. But even if you’ve fallen in arrears, you still may have options to turn your financial situation around. In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Adam Minsky, author of "Student Loan Debt 101." As an attorney with a practice devoted entirely to helping student loan borrowers, Minsky has had many clients who’ve felt hopeless about their financial futures. In this podcast, he shares tips and tricks for managing debt and regaining control of your personal finances.
The full scale of the damage from Hurricane Harvey may not be known for weeks or months. But even as the rain is still falling, lawyers in Texas and across the country are mobilizing to meet the legal needs of the people who have been impacted. In this special breaking-news edition of the ABA Journal’s Asked and Answered, Lee Rawles speaks with Saundra Brown of Lone Star Legal Aid, whose Houston office was destroyed Monday. Brown discusses what efforts are already underway, and what kind of legal issues people will be experiencing in the coming months. Rawles also speaks to Andrew VanSingel, the director of the Disaster Legal Services Program for the ABA Young Lawyers Division. VanSingel, who will be traveling to Houston in the next few days, shares the history of the disaster response program, and gives tips for lawyers who want to become involved in relief efforts. Special thanks to our sponsors Amicus Attorney.
Studies have shown that salary and compensation at firms can still be markedly higher for white males than attorneys with a different ethnicity or gender. But if you feel you aren't being paid commensurate with your colleagues and with the value you bring to your firm, how should you proceed? In this episode of Asked & Answered, the ABA Journal's Stephanie Francis Ward talks with Jeffrey Lowe of the legal talent management company Major, Lindsey & Africa. Lowe wrote the report on the agency's “2016 Partner Compensation Survey,” and offers insights gleaned from that survey's findings. Special thanks to our sponsors Amicus Attorney.
Diversity at law firms, especially at the higher levels of partnership continues to be a hot topic of discussion. But is that all that it is, a discussion item? To this day, fewer than 20 percent of equity partners are women and even fewer are lawyers of color. This has been the case for more than a decade even though there are now more women in law school than men. Molly McDonough, editor of the ABA Journal, spoke about this issue with Subha Barry, of Working Mother Media, Vivia Chen of the Careerist blog, Lynn Charytan and Jeff Smith of Comcast Cable, and law firm partner Hilary Preston of Vinson & Elkins. Special thanks to our sponsors Amicus Attorney.
Have you considered attending the 2017 ABA Annual Meeting in New York City this August? In this special episode of Asked and Answered, the ABA Journal’s Lee Rawles and Molly McDonough hear about what special events and venues await attendees from ABA President Linda Klein and the associate executive director of Meetings and Travel, Marty Balogh. From a CLE lecture given by IBM Watson to a special behind-the-scenes tour of the Lincoln Center, Klein and Balogh share how this year’s meeting will offer entirely new educational and networking opportunities.
In this episode of Asked and Answered, the ABA Journal’s Victor Li speaks with attorney and activist Paul Harris about his work stretching back to the 1960s. Harris, one of the radical “movement lawyers” featured in the cover story for the August issue of the ABA Journal, talks about his work defending high-profile clients like Huey Newton, Leonard McNeil and others. Harris also discusses the current political landscape and what today’s generation of aspiring movement lawyers can learn from their predecessors. Special thanks to our sponsors Amicus Attorney.
Even trained advocators don’t get everything they want at work. But what are some good strategies for knowing when to accept a manager’s decision, or continue to press for what you want? In this episode of the ABA Journal’s Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with Dr. Artika Tyner, vice president for diversity and inclusion at the University of St. Thomas in Minnesota. Tyner discusses how lawyers can advocate for themselves in the workplace, without getting in their own way. Special thanks to our sponsors Amicus Attorney.
Government entities at all levels often set aside a portion of work for minority and women-owned businesses, including law firms. But many people are unsure about how to land these contracts or receive certification. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward gets tips for program participation from Emery Harlan. Harlan is a Milwaukee employment attorney and a cofounder of the National Association of Minority-Owned Law Firms. Special thanks to our sponsors Amicus Attorney.
The 14th Amendment has been used to secure civil rights for a multitude of groups. But does it give children a constitutional right to literacy? Is it the government's responsibility to adequately fund schools, so students learn what they need to reach appropriate reading levels? In the Detroit public school system, it was recently found that only 7 percent of its 8th grade students were proficient in reading. So in 2016, a group of lawyers filed a federal civil rights claim against the city’s school system. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses the lawsuit with Carter Phillips, one of the attorneys representing the plaintiffs. Special thanks to our sponsors Amicus Attorney.
A handful of large law firms recently announced limited telecommuting plans for associates, which is a somewhat radical change for the profession. Does this mean that for lawyers, office face-time may no longer be central to demonstrating you’re a valuable team member? In this month's episode of Asked and Answered, Stephanie Francis Ward speaks with Sara Sutton Fell about lawyers working remotely. Fell is the CEO and founder of Remote, which helps companies hire, train and manage employees who work offsite, and Flexjobs, a career website focused on telecommuting, freelance work and part-time jobs. Special thanks to our sponsors Amicus Attorney.
You want to expand your book of business with networking events, and think that planning one yourself might be the most rewarding. But how can you develop an event that lawyers will actually attend, doesn’t go way over budget and brings you some great new connections? In this month’s episode, the ABA Journal’s Stephanie Francis Ward speaks with Alycia Sutor, managing director at the sales-effectiveness firm GrowthPlay, about hosting successful networking events for lawyers.
Many of us don’t think of ourselves as biased, and we don’t want to be prejudiced towards others. But we’re also reluctant to acknowledge the ways bias can creep in, according to academics who study implicit bias. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Jeffrey Rachlinski, a Cornell Law School professor who has done various studies about implicit bias, including one that focused on trial judges. Special thanks to our sponsors Amicus Attorney.
It's not terribly unusual for a law grad to need to take the bar exam more than once to pass. But the experience of failing the bar can be crushing to one's confidence–and concentration. After failing the bar exam, many students have a hard time studying for a retake. This is not necessarily because they can't do the work, but because anxiety and fear of failure get in the way, Jamie Kleppetsch of John Marshall Law School tells the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered. Kleppetsch, who is president of the Association of Academic Support Educators as well as being an associate director of John Marshall's Academic Achievement Program, shares with listeners some tips for reapproaching the bar exam with a fresh mindset and more preparation. Special thanks to our sponsors Amicus Attorney.
While negotiating for one’s client is second nature to most attorneys, many find it a lot harder to negotiate for themselves. How can you advocate for a better position without being seen as too aggressive or off-putting? In this month’s Asked and Answered podcast, the ABA Journal’s Stephanie Francis Ward talks to Kathleen Kelley Reardon about how attorneys can ask for what they want without jeopardizing good work relationships. Kathleen Kelley Reardon, a professor emerita at the University of Southern California Marshall School of Business, is the author of numerous books centered on workplace communications. Her work centers on persuasion, negotiation and women’s leadership. Special thanks to our sponsors Amicus Attorney.
You landed someone you thought would be a great client, but now you’re finding out that the client isn’t great about paying the bill. What should you do? In this month's Asked and Answered podcast, Stephanie Francis Ward speaks with Bob Markoff, a Chicago lawyer who has done collections work for many years. Markoff, a past president of the National Creditors Bar Association, gives tips and advice on what you can do to recover the money you're owed. Special thanks to our sponsors Amicus Attorney.
Lawyers are in the suffering business, says bankruptcy lawyer and meditation instructor Jeena Cho. "Rarely do clients come to us with happy news." Taking on clients' tough problems can be source of a lot of stress for practitioners. Cho speaks with the ABA Journal’s Stephanie Francis Ward about how practicing mindfulness--which at is heart, is about living in the present moment--can help lawyers quickly move on from daily stressors and setbacks. Special thanks to our sponsors Amicus Attorney.
Are you unhappy at work? Is it time to leave your job, or should you look for other options to improve your current work conditions? Trust your intuition, and don't beat yourself up with negative thoughts about workplace problems being all your fault, says Gayle Victor, a Chicago-area lawyer and social worker who counsels attorneys and their families. She spoke with the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered podcast. Gayle Victor is a lawyer who also has a master's degree in social work. She uses her unique perspective as a former attorney to provide counseling to attorneys and their families through CareForLawyers.com. Her practice is based in Chicago. Special thanks to our sponsors Amicus Attorney.
Business development doesn't come naturally to all lawyers. Some hesitate to take advantage of social opportunities out of fear of looking desperate or needy, but that's wrong-headed, says business development coach Larry Kohn. He speaks with the ABA Journal's Stephanie Francis Ward about ways that attorneys can promote themselves and their skills in ways that help both the lawyer and their potential clients.
Want to get outside, but work tethers you to your desk? Getting physical can increase both your productivity and personal happiness, and Kandis Gibson has some tips and tricks for how you can make exercise and outdoor activities part of your routine. Gibson, a senior associate at Foster, Murphy, Altman & Nickel in Washinton, D.C., has not let her busy IP litigation practice stop her from competing in triathlons. She speaks with the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered to share how she did it, and how you can get your bosses on board with you getting out of the office more frequently. Special thanks to our sponsors Amicus Attorney.
"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, we speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights. Russell Covey, a professor at Georgia State University’s College of Law, teaches criminal law and procedure. One of his articles, “Miranda and the Media: Tracing the Cultural Evolution of a Constitutional Revolution,” was published in the 2007 Chapman Law Review. Special thanks to our sponsors Amicus Attorney.
Can you plan to prevent workplace bias before it starts? In some cases yes, says Joan Williams, the founding director of the Center for WorkLife Law at University of California Hastings. The ABA Journal's Stephanie Francis Ward discusses with Williams tips on how to create what she calls “bias interrupters” to head off potential discrimination.
Artificial intelligence has long been a tool for lawyers to perform their tasks more efficiently. However, the technology has advanced to the point where computers can now perform many of the tasks that were once the exclusive domain of humans. In this month’s Asked and Answered, the ABA Journal’s Victor Li talks to freelance writer Julie Sobowale about how artificial intelligence is revolutionizing the practice of law.
Cost savings are particularly important for small firms and solos. What are some easy fixes for making law firm budgets go further, and what are some common mistakes to avoid? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward gets some tips and tricks for stretching firm's dollars further.
You may have noticed that some lawyers are often quoted in the press. They might have a practice that naturally garners attention, or perhaps they are great at explaining complex issues succinctly and have a good camera presence. Or it could just be that they’re known for returning phone calls and emails in a timely manner.
Reaching out to the media can be helpful–or harmful–to your clients. What are the best ways to approach reporters when you're looking for a media spotlight? How can you provide reporters with useful information, in a way that also promotes you and your clients in a positive light?
In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward discusses how lawyers can best approach the media when they’d like some press. This month's guest is Vivia Chen, a senior columnist with the American Lawyer.
Vivia Chen is the creator and chief blogger of the Careerist, an American Lawyer column that focuses on women and diversity in the profession. A former corporate lawyer who is now a senior columnist, Chen’s writing has been honored by the American Bar Association and Business Insider.
It's time to set goals for the new year. But can you actually follow through with them? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses what reasonable steps you can take in 2016 to improve your life and your career. Her guest Karen Kaplowitz gives listeners tips on making and keeping achievable goals.
Karen Kaplowitz is the president of the New Ellis Group, a business-development consulting firm. She specializes in business development strategy, training and coaching for lawyers and other professional service providers. In 1971, Kaplowitz was the third woman lawyer hired by O'Melveny & Myers, and a few years later she opened a small, women-owned law firm that focused on plaintiff employment cases. She also was a partner with Alschuler, Grossman & Pines.
Can a commitment to blogging help develop a practice area and turn you into an expert? In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Hilary Bricken, a Seattle lawyer and one of the authors of Canna Law Blog. Recently honored as one of the ABA Journal’s 9th Annual Blawg 100, the Canna Law Blog discusses cannabis laws and how they affect the emerging legal cannabis industry. Ward speaks with Bricken to find out how her firm, Harris Moure, decided to launch a blog on this specific topic; how the blog has performed as a client-development tool; and how writing for Canna Law has helped Bricken expand her own knowledge and expertise.
Are lawyers prone to anxiety, or is the pace of the profession the culprit? The ABA Journal's Stephanie Francis Ward speaks with Will Meyerhofer, a psychotherapist who has also been a practicing attorney, to learn more about anxiety and get tips on how lawyers can manage and overcome it.
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The market for legal jobs may be getting better, but it’s still not great. That being said, are there specific practice areas that need more attorneys to serve current and future needs? In this month's episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with legal search consultant Valerie Fontaine to find out what the best prospects are for a long-term, successful legal career.
What good can some men serving life sentence do for other inmates? A great deal, says Judge Laurie A. White, who co-founded a re-entry program for inmates of the infamous Angola State Penitentiary in Louisiana. In this episode of Asked and Answered, she tells the ABA Journal's Stephanie Francis Ward about how the program utilizes the skills of men who will never leave prison to improve the lives of those who will.
Do you get social anxiety thinking about networking at big events? Is it hard to make connections with other lawyers? Focus on what you can learn about others, rather than telling people about yourself, business development coach Larry Kohn tells the ABA Journal’s Stephanie Francis Ward.
We’d all love to be able to unplug completely while we’re on vacation, but for many lawyers it’s not that simple. Meeting your duty to your clients might mean that you can’t just leave your phone at home. But how can you keep distractions to a minimum and make the most out of your time off? The ABA Journal’s Stephanie Francis Ward gleans some tips and tricks from Jones Day partner Lawrence D. Rosenberg.
It’s a federal offense to grow, sell or use marijuana, but there’s a need for lawyers to represent cannabis businesses in Washington state, where the product is taxed and regulated by the state. In this month’s Asked and Answered, Seattle lawyer Ryan Espegard tells the ABA Journal’s Stephanie Francis Ward how he advises the marijuana industry, being mindful of state and federal regulation, and what sorts of business development activities have worked for him.
Have you ever daydreamed about having a career abroad? Before saying "bon voyage," you should know what's involved. In this month's Asked and Answered podcast, moderator Stephanie Francis Ward will find out tips and advice on developing a practice beyond U.S. borders.
If the unthinkable happens, will your practice be ready for an intermediary to take over or help with a transition? Do you know what would happen if you–or one of your colleagues–should suddenly die or become incapacitated? The ABA Journal’s Stephanie Francis Ward speaks with two experts about tools and systems you can put in place to give you and your clients peace of mind.
In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Patrick Krill of the Hazelden Betty Ford Foundation’s legal professionals program to find out more. Krill is currently finishing a study in conjunction with the ABA to research substance abuse, depression and anxiety in legal profession.
In the wake of divorce, many families find themselves emotionally and financially devastated. If you’re in the heat of a legal battle, it’s easy to go to far and create acrimony with your ex-spouse which can poison any chance at a cordial future relationship–and drain both sides’ bank accounts to pay for attorney fees. But what if if didn’t have to be that way? In this month’s Asked and Answered, moderator Stephanie Francis Ward speaks with Rebecca Love Kourlis and Melinda Taylor, who hope to change the way people approach the divorce process through the Honoring Families Initiative.
In this month's Asked and Answered podcast, moderator Stephanie Francis Ward talks to Linda Greenhouse and Jonathan Turley about the past, present and future of legal journalism, and how it has influenced courts. Greenhouse reported on the U.S. Supreme Court for the New York Times for four decades, and is now the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. Turley is an attorney, legal scholar and professor at George Washington University Law School and is a legal analyst for several media outlets.
Linda Greenhouse is the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. That follows a 40-year career at the New York Times, where she covered the U.S. Supreme Court. She currently writes a biweekly op-ed column about the Supreme Court for the New York Times website.
Jonathan Turley, a professor at George Washington University Law School, focuses his academic work on constitutional matters, legal theory and tort law. He also writes an eponymous blog; is a member of USA Today's board of contributors; and had done legal analyst work for CBS and NBC.
Social media is an easy (and often free) tool that litigators can use to share their clients' stories. But how much is too much, and what if you post something that you'll regret later?
In this month's Asked and Answered podcast, we speak with Anthony C. Johnson, a plaintiffs personal injury lawyer who previously owned a search engine optimization and marketing company. He shares with moderator Stephanie Francis Ward some ideas about using Twitter, Facebook - and even Instagram - in a mindful manner.
Anthony C. Johnson, an Arkansas plaintiffs personal injury lawyer, is a partner with Johnson and Vines. Johnson is a former SEO/SEM/Web-development company owner who was featured by the ABA Journal as one of "America's Techiest Lawyers" in 2012.
Lawyers are often told how important professional networking is. But many find it so uncomfortable they feel physically dirty. Why is professional networking so distressing to so many? And how can you overcome it and be successful?
In this month's "Asked and Answered" podcast, we speak to Tiziana Casciaro, one of the authors of a recent study, "The Contaminating Effects of Building Instrumental Ties: How Networking Can Make Us Feel Dirty," published in Administrative Science Quarterly. She shares with moderator Stephanie Francis Ward some tips for getting past this mental block, and how to feel better about reaching out to potential clients and colleagues.
Tiziana Casciaro is an associate professor of organizational behavior at the University of Toronto's Rotman School of Management. Her work focuses on the social-psychological mechanisms responsible for the formation and growth of social networks within and between organizations. She's also a co-author of a recent Administrative Science Quarterly article, "The Contaminating Effects of Building Instrumental Ties: How Networking Can Make Us Feel Dirty."
Many young law grads are being urged to move out of large cities and into rural areas, where there aren't as many attorneys competing for work. As we reported in the ABA Journal's October cover story, there are many small communities in rural America that are woefully underserved, and access to justice is a real problem. It would seem a prime idea to hang your shingle in one of these small towns.
But what does it take to run a successful legal practice in a rural area? Asked and Answered moderator Stephanie Francis Ward speaks with Lorelei Laird, the reporter who wrote our cover story, and Bruce Cameron, who runs a solo practice in rural Minnesota.